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Journal of the House ______FRIDAY, APRIL 6, 2001 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 David Hall of Christ Episcopal Church, Montpelier. Joint 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. J.R.H. 93 Joint resolution urging the United States Congress to significantly increase the federal appropriations for military personnel compensation and the funding of veterans’ benefits and services Offered by: Representatives Alfano of Calais, Audette of South Burlington, Bohi of Hartford, Brooks of Montpelier, Colvin of Bennington, Connell of Warren, Cross of Winooski, Dakin of Colchester, Darrow of Newfane, Darrow of Dummerston, Deen of Westminster, Donovan of Burlington, Doyle of Richmond, Driscoll of Burlington, Emmons of Springfield, Fisher of Lincoln, Gervais of Enosburg, Grad of Moretown, Heath of Westford, Hooker of Rutland City, Jordan of Middlesex, Keenan of St. Albans City, Keogh of Burlington, Kiss of Burlington, Larson of Burlington, Masland of Thetford, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Monti of Barre City, Nitka of Ludlow, Nuovo of Middlebury, Obuchowski of Rockingham, Osman of Plainfield, Paquin of Fairfax, Partridge of Windham, Pembroke of Bennington, Pugh of South Burlington, Reese of Pomfret, Rusten of Halifax, Seibert of Norwich, Sweaney of Windsor, Symington of Jericho, Tracy of Burlington, Vincent of Waterbury, Vinton of Colchester, Webster of Brattleboro, Woodward of Johnson and Zuckerman of Burlington Whereas, the inadequate financial support that the federal government provides to our military personnel and veterans is truly disrespectful to the flag under which they have so proudly served, and 211 JOURNAL OF THE HOUSE 212 Whereas, lower-ranking personnel in our armed forces are poorly paid, and some have been forced to resort to food stamps as the only means to support their families, and Whereas, there is a significant benefit difference between military retirement and disability benefits, and Whereas, veterans’ health care benefits should be raised by at least 10 percent to begin to adequately meet their basic health care requirements, and Whereas, under the current funding formula, federal health care facilities for veterans in New England are unfairly penalized, and Whereas, the Montgomery GI education benefits need to be increased to a level that will enable veterans to financially afford to pursue post-service educational opportunities, and Whereas, when our veterans’ lives conclude, their families are entitled to a more realistic burial allowance, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly urges the United States Congress to significantly increase federal appropriations for military personnel compensation and the funding of veterans’ benefits and services, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to United States Secretary of Veterans’ Affairs, Anthony J. Principi, and to the members of the Vermont Congressional Delegation. Joint Resolution Adopted in Concurrence J.R.S. 48 Joint resolution, entitled Joint resolution relating to weekend adjournment; By Senator Mazza, Resolved by the Senate and House of Representatives: That when the two Houses adjourn on Friday, April 6, 2001, it be to meet again no later than Tuesday, April 10, 2001, at ten o’clock in the forenoon. Was taken up and adopted in concurrence. 213 FRIDAY, APRIL 6, 2001 Senate Bill Referred S. 187 Senate bill, entitled An act relating to insurance trade practices; Was taken up, read the first time and referred to the committee on Commerce. Committee Relieved of Consideration and Bill Committed to Other Committee H. 279 Rep. Crowley of West Rutland moved that the committee on Local Government be relieved of House bill, entitled An act relating to selectboards borrowing to purchase municipal highway equipment and materials; And that the bill be committed to the committee on Transportation, which was agreed to. Bill Called Up H. 477 Rep. Towne of Berlin called up House bill, entitled An act relating to implements of husbandry; Which had been ordered to lie. Thereupon, under the rule, the bill was ordered placed on the Calendar for action on the next legislative day. Bill Ordered to Lie H. 314 House bill, entitled An act to ensure that every union school board follows the proportional representation principle; Was taken up and pending the question, Shall the bill pass? on motion of Rep. Crawford of Burke, the bill was ordered to lie. Recess At nine o’clock and forty-five minutes in the forenoon, the Speaker declared a recess until ten o’clock and fifteen minutes in the forenoon.

JOURNAL OF THE HOUSE 214 At eleven o’clock and five minutes in the forenoon, the Speaker called the House to order. Joint Resolutions Adopted Joint resolutions of the following titles were severally taken up and adopted on the part of the House; J.R.H. 90 Joint resolution in memory of Christine “Chrissy” A. Behan; J.R.H. 91 Joint resolution in honor of Professor George Crooks of South Burlington. House Resolution Adopted H.R. 17 House resolution, entitled House resolution honoring retired Vermont Army National Guard Lt. Colonel Jerome Hatch. Was taken up and adopted on the part of the House. Bill Amended, Consideration Interrupted by Recess H. 478 House bill, entitled An act relating to capital appropriations and state bonding; Was taken up and pending third reading of the bill, Rep. Brooks of Montpelier moved to amend the bill as follows: In Sec. 40, page 34, lines 10 and 11, by striking the following: “Municipal discharges of less than 50,000 gallons per day shall not be subject to the requirements of this section.” Which was disagreed to. Pending third reading of the bill, Rep. Johnson of Canaan moved to amend the bill as follows: By adding a new section to read: Sec. 38a. 10 V.S.A. § 1264(d) is amended to read: (d) In the absence of legislation to the contrary, the secretary shall file with the secretary of state, no sooner than the end of the 2001 legislative session and no later than July 1, 2001, a proposed rule which contains the regulatory 215 FRIDAY, APRIL 6, 2001 elements of the program. The proposed rule shall be filed by no sooner than July 1, 2003. Notwithstanding 3 V.S.A. § 840(a), the secretary shall hold at least three public hearings in different areas of the state regarding the proposed rule. Rep. Deen of Westminster raised a Point of Order that the amendment was not germane to the section it seeks to amend or the bill, which Point of Order the Speaker ruled not well taken in that the proposed amendment is a separate new section and there are several areas of policy in the bill. Thereupon, the recommendation of amendment offered by Rep. Johnson of Canaan was agreed to. Pending third reading of the bill, Rep. Hingtgen of Burlington moved to amend the bill as follows: In Sec. 17 [Municipal and Nonprofit Organizations; Fundraising and Local Match Grants], on page 10, at the beginning of line 16, by inserting the letter “(a)”, and on page 14, following line 11, by inserting a new subsection (b) to read: (b) As a condition to the receipt of any state funds under this section, no organization or entity shall, because of the race, creed, color, national origin, religion, marital status, or sexual orientation of any person, refuse, withhold from or deny to that person any of the accommodations, facilities, employment, or rights of participation and membership in the organization or entity. Pending the question, Shall the House amend the bill as recommended by Rep. Hingtgen of Burlington? Rep. Paquin of Fairfax moved to amend the recommendation of amendment offered by Rep. Hingtgen as follows: In Sec. 17 (b), by inserting after the words “status” the following disability Which was agreed to. Pending the question, Shall the House amend the bill as recommended by Rep. Hingtgen of Burlington, as amended? Rep. Kiss of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Hingtgen of Burlington, as amended? was decided in the negative. Yeas, 57. Nays, 74. Those who voted in the affirmative are: Alfano of Calais Audette of South Burlington Colvin of Bennington Amidon of Charlotte Bohi of Hartford Connell of Warren Atkins of Winooski Brooks of Montpelier Dakin of Colchester

JOURNAL OF THE HOUSE 216 Darrow of Newfane Keenan of St. Albans City Partridge of Windham Darrow of Dummerston Keogh of Burlington Pugh of South Burlington Deen of Westminster Kiss of Burlington Reese of Pomfret Donovan of Burlington Larson of Burlington Rusten of Halifax Dostis of Waterbury LaVoie of Swanton Schaefer of Colchester Doyle of Richmond Lippert of Hinesburg Seibert of Norwich Driscoll of Burlington Little of Shelburne Severance of Colchester Emmons of Springfield Masland of Thetford Sweaney of Windsor George of Middlebury Milkey of Brattleboro Symington of Jericho Grad of Moretown Miller of Shaftsbury Tracy of Burlington Heath of Westford Molloy of Arlington Vincent of Waterbury Hingtgen of Burlington Nitka of Ludlow Vinton of Colchester Hooker of Rutland City Nuovo of Middlebury Webster of Brattleboro Howrigan of Fairfield Obuchowski of Rockingham Wheeler of Burlington Hummel of Underhill Osman of Plainfield Woodward of Johnson Jordan of Middlesex Paquin of Fairfax Zuckerman of Burlington

Those who voted in the negative are: Adams of Hartland Johnson of Canaan Peaslee of Guildhall Allaire of Rutland City Kainen of Hartford Pike of Mendon Allard of St. Albans Town Kennedy of Chelsea Pillsbury of Brattleboro Angell of Randolph Ketchum of Bethel Quaid of Williston Baker of West Rutland Kilmartin of Newport City Randall of Bradford Bolduc of Orleans Kirker of Essex Rosenquist of Georgia Bostic of St. Johnsbury Koch of Barre Town Scribner of Bristol Bourdeau of Hyde Park Krawczyk of Bennington Sheltra of Derby Carey of Chester LaBarge of Grand Isle Smith of New Haven Clark of St. Johnsbury Larocque of Barnet Starr of Troy Cleland of Northfield Larose of Richford Stevens of Essex Crawford of Burke Larrabee of Danville Sweetser of Essex Crowley of West Rutland Livingston of Manchester Towne of Berlin Davis of Cavendish Mann of Leicester Valliere of Barre City DePoy of Rutland City Marron of Stowe Waite of Pawlet Duffy of Rutland City Maslack of Poultney Webster of Randolph Flory of Pittsford Mazur of South Burlington Weeks of Wallingford Gervais of Enosburg McGrath of Ferrisburgh Westman of Cambridge Gray of Barre Town Metzger of Milton Willett of St. Albans City Haas of Rutland City Morrissey of Bennington Winters of Swanton Hall of Newport City Mullin of Rutland Town Winters of Williamstown Helm of Castleton Myers of Essex Wood of Brandon Houston of Ferrisburgh O'Donnell of Vernon Wright of Burlington Hube of Londonderry Otterman of Topsham Young of Orwell Hudson of Lyndon Palmer of Pownal Those members absent with leave of the House and not voting are: Anderson of Woodstock Brown of Walden Fisher of Lincoln Aswad of Burlington Cross of Winooski Follett of Springfield Barney of Highgate Endres of Milton Goodridge of Albany 217 FRIDAY, APRIL 6, 2001 Kitzmiller of Montpelier Pembroke of Bennington Shaw of Derby Mackinnon of Sharon Rogers of Castleton Voyer of Morristown Monti of Barre City Schiavone of Shelburne

Rep. Haas of Rutland City explained his vote as follows: “Mr. Speaker: I voted against this amendment due to it’s underlying intent to deny state funds and discriminate against the Boy Scouts of America for a directive in their creed to be morally straight.” Rep. Wright of Burlington explained his vote as follows: “Mr. Speaker: While I believe in equal rights I don’t believe this legislature should use the hammer of state money to try and tamper with the policies of the Boy Scouts of America.” Rep. Jordan of Middlesex explained her vote as follows: “Mr. Speaker: I believe in the principle, “No taxation without representation.” Recess At twelve o’clock and twenty-five minutes in the afternoon, the Speaker declared a recess until one o’clock and thirty minutes in the afternoon. Afternoon At one o’clock and thirty minutes in the afternoon, the Speaker called the House to order. Consideration Resumed; Bill Amended; Bill Read the Third Time; Passed; Rules Suspended and Action Messaged to Senate Forthwith H. 478 Consideration resumed on House bill, entitled An act relating to capital appropriations and state bonding; Pending third reading of the bill, Reps. McGrath of Ferrisburgh and Weeks of Wallingford moved to amend the bill as follows: First: In Sec. 17, page 10, line 16, before the words “The following” by adding the designation “(a)” Second: In Sec. 17, by adding a new subsection (b) to read as follows:

JOURNAL OF THE HOUSE 218 (b) Presentation and delivery of the sums appropriated to the municipalities and nonprofit organizations in this section shall be by the member or members of the house of representatives who represent the district in which the recipient is located. Pending the question, Shall the House amend the bill as recommended by Reps. McGrath of Ferrisburgh and Weeks of Wallingford? Rep. Hall of Newport City demanded the Yeas and Nays, which demand was sustained by the Constitutional number. Pending the call of the roll, Rep. McGrath of Ferrisburgh asked and was granted leave of the House to withdraw his recommendation of amendment. Pending third reading of the bill, Reps. Obuchowski of Rockingham, Alfano of Calais, Audette of South Burlington, Bohi of Hartford, Brooks of Montpelier, Connell of Warren, Cross of Winooski, Dakin of Colchester, Darrow of Newfane, Darrow of Dummerston, Deen of Westminster, Donovan of Burlington, Doyle of Richmond, Driscoll of Burlington, Fisher of Lincoln, Gervais of Enosburg, Grad of Moretown, Heath of Westford, Hingtgen of Burlington, Hooker of Rutland City, Hummel of Underhill, Jordan of Middlesex, Kiss of Burlington, Larson of Burlington, Lippert of Hinesburg, Masland of Thetford, Milkey of Brattleboro, Miller of Shaftsbury, Nitka of Ludlow, Nuovo of Middlebury, Osman of Plainfield, Paquin of Fairfax, Partridge of Windham, Pugh of South Burlington, Reese of Pomfret, Seibert of Norwich, Starr of Troy, Sweaney of Windsor, Tracy of Burlington, Vinton of Colchester, Webster of Brattleboro, Woodward of Johnson and Zuckerman of Burlington moved to amend the bill as follows: On page 37, by striking lines 17 through 21 and on page 38, by striking lines 1 through 11 ( Sec. 46, amending 29 V.S.A. §161). Pending the question, Shall the House amend the bill as recommended by Reps. Obuchowski of Rockingham, et al? Rep. Tracy of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Reps. Obuchowski of Rockingham, et al? was decided in the negative. Yeas, 56. Nays. 72. Those who voted in the affirmative are: Alfano of Calais Brooks of Montpelier Deen of Westminster Allard of St. Albans Town Colvin of Bennington Donovan of Burlington Atkins of Winooski Connell of Warren Dostis of Waterbury Audette of South Burlington Dakin of Colchester Doyle of Richmond Bohi of Hartford Darrow of Newfane Driscoll of Burlington 219 FRIDAY, APRIL 6, 2001 Emmons of Springfield Masland of Thetford Seibert of Norwich Gervais of Enosburg Milkey of Brattleboro Starr of Troy Heath of Westford Miller of Shaftsbury Sweaney of Windsor Hingtgen of Burlington Molloy of Arlington Symington of Jericho Hooker of Rutland City Nitka of Ludlow Tracy of Burlington Howrigan of Fairfield Nuovo of Middlebury Valliere of Barre City Hummel of Underhill Obuchowski of Rockingham Vincent of Waterbury Jordan of Middlesex Osman of Plainfield Vinton of Colchester Kainen of Hartford Paquin of Fairfax Waite of Pawlet Keenan of St. Albans City Partridge of Windham Webster of Brattleboro Keogh of Burlington Pillsbury of Brattleboro Wheeler of Burlington Kiss of Burlington Pugh of South Burlington Woodward of Johnson Larson of Burlington Reese of Pomfret Zuckerman of Burlington Lippert of Hinesburg Rusten of Halifax Those who voted in the negative are: Adams of Hartland Hube of Londonderry Otterman of Topsham Allaire of Rutland City Hudson of Lyndon Palmer of Pownal Amidon of Charlotte Johnson of Canaan Peaslee of Guildhall Angell of Randolph Kennedy of Chelsea Quaid of Williston Baker of West Rutland Ketchum of Bethel Randall of Bradford Bolduc of Orleans Kilmartin of Newport City Rosenquist of Georgia Bostic of St. Johnsbury Kirker of Essex Schaefer of Colchester Bourdeau of Hyde Park Koch of Barre Town Scribner of Bristol Carey of Chester Krawczyk of Bennington Severance of Colchester Clark of St. Johnsbury LaBarge of Grand Isle Sheltra of Derby Cleland of Northfield Larocque of Barnet Smith of New Haven Crawford of Burke Larose of Richford Stevens of Essex Crowley of West Rutland Larrabee of Danville Sweetser of Essex Davis of Cavendish LaVoie of Swanton Towne of Berlin DePoy of Rutland City Livingston of Manchester Voyer of Morristown Duffy of Rutland City Mann of Leicester Webster of Randolph Flory of Pittsford Marron of Stowe Weeks of Wallingford George of Middlebury Maslack of Poultney Westman of Cambridge Goodridge of Albany Mazur of South Burlington Willett of St. Albans City Gray of Barre Town McGrath of Ferrisburgh Winters of Swanton Haas of Rutland City Metzger of Milton Winters of Williamstown Hall of Newport City Morrissey of Bennington Wood of Brandon Helm of Castleton Mullin of Rutland Town Wright of Burlington Houston of Ferrisburgh O'Donnell of Vernon Young of Orwell

Those members absent with leave of the House and not voting are: Anderson of Woodstock Endres of Milton Mackinnon of Sharon Aswad of Burlington Fisher of Lincoln Monti of Barre City Barney of Highgate Follett of Springfield Myers of Essex Brown of Walden Grad of Moretown Pembroke of Bennington Cross of Winooski Kitzmiller of Montpelier Pike of Mendon Darrow of Dummerston Little of Shelburne Rogers of Castleton

JOURNAL OF THE HOUSE 220 Schiavone of Shelburne Shaw of Derby Pending third reading of the bill Reps. Masland of Thetford, Alfano of Calais, Darrow of Dummerston, Deen of Westminster, Hooker of Rutland City, Kirker of Essex, Larson of Burlington, LaVoie of Swanton, Pugh of South Burlington, Scribner of Bristol, Seibert of Norwich and Zuckerman of Burlington moved to amend the bill as follows: By adding a new Sec. 17 to read: Section 17. (deli section) As a condition of receipt of funds under this section, the recipient must develop and implement an energy conservation plan for the facility on which the funds are to be spent. The plan shall provide for annual reduction in aggregate energy use for each of the next five years. The recipient may self- certify that the plan has been developed and implemented and shall notify the Department of State Buildings that the plan has been developed and is being implemented. Which was disagreed to. Pending third reading of the bill Rep. Kilmartin of Newport City moved to amend the bill as follows: By striking Sec. 50 in its entirety and inserting in lieu thereof a new Sec. 50 to read: Sec. 50. 3 V.S.A. § 2807 is added to read: § 2807. LANDS AND FACILITIES TRUST FUND (a) Legislative purpose. The general assembly finds and determines: (1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations. (2) The lands, facilities, and recreational assets owned or managed by the department of forests, parks and recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations. (b) There is established in the state treasury a fund to be known as the lands and facilities trust fund, to be managed by the state treasurer who shall receive and deposit therein private gifts and donations to the state of Vermont for capital improvements, repairs, maintenance, and management of the forests, 221 FRIDAY, APRIL 6, 2001 parks and recreation areas managed by the department of forests, parks and recreation. (c) All timber sale receipts received after June 30, 2001 from state forest land and all agency lands otherwise not restricted, funds and fees derived from special use permits, and such sums as the general assembly may appropriate, shall be deposited in the fund. (d) Private gifts and donations designated for this fund and which are unrestricted shall be deposited in the trust fund. (e) Private gifts and donations, accompanied by express donative intent, conditions or restrictions, shall be deposited in the trust fund, subject to the following conditions. The state treasurer shall report the gift or donation to the general assembly by January 15 of each year, together with the particulars of the donative intent, conditions or restrictions. The general assembly shall either accept the donation, according to its terms without modification, or reject it. Failure to act by the end of the biennium shall be deemed a rejection. Upon rejection, the state treasurer shall return the gift or donation to the donor or the donor’s order, together with one-half of the accrued interest. (f) The trust fund shall not be used for any of the following purposes: acquisition of land, easements or any interests in land; acquisition of existing buildings or structures, except that the funds may be used to erect new buildings and extend or enlarge existing buildings. (g) The fund shall be administered as part of the trust investment account established by 32 V.S.A. § 434. (h) Use of said funds by the commissioner of the department of forest, parks and recreation shall be subject to approval of the general assembly. (i) Every year, by January 15, the commissioner shall report to the general assembly on the sources of the fund, fund balances, and expenditures from the fund. (j) The provisions of 32 V.S.A. § 5 and 32 V.S.A., chapter 7, subchapter 5 shall not apply to this section. Pending the question, Shall the House amend the bill as recommended by Rep. Kilmartin of Newport City? Rep. Vinton of Colchester demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Kilmartin of Newport City? was decided in the negative. Yeas, 18. Nays, 105

JOURNAL OF THE HOUSE 222 Those who voted in the affirmative are: Bolduc of Orleans Kainen of Hartford Peaslee of Guildhall Duffy of Rutland City Kilmartin of Newport City Quaid of Williston Goodridge of Albany LaBarge of Grand Isle Randall of Bradford Haas of Rutland City Larose of Richford Sheltra of Derby Hall of Newport City LaVoie of Swanton Starr of Troy Hudson of Lyndon Otterman of Topsham Winters of Swanton Those who voted in the negative are: Adams of Hartland Houston of Ferrisburgh Osman of Plainfield Alfano of Calais Howrigan of Fairfield Palmer of Pownal Allaire of Rutland City Hube of Londonderry Paquin of Fairfax Allard of St. Albans Town Hummel of Underhill Partridge of Windham Amidon of Charlotte Johnson of Canaan Pillsbury of Brattleboro Angell of Randolph Jordan of Middlesex Pugh of South Burlington Baker of West Rutland Keenan of St. Albans City Reese of Pomfret Bohi of Hartford Kennedy of Chelsea Rosenquist of Georgia Bostic of St. Johnsbury Keogh of Burlington Schaefer of Colchester Bourdeau of Hyde Park Ketchum of Bethel Scribner of Bristol Brooks of Montpelier Kirker of Essex Seibert of Norwich Carey of Chester Kiss of Burlington Severance of Colchester Clark of St. Johnsbury Koch of Barre Town Smith of New Haven Cleland of Northfield Krawczyk of Bennington Stevens of Essex Colvin of Bennington Larocque of Barnet Sweaney of Windsor Connell of Warren Larrabee of Danville Sweetser of Essex Crawford of Burke Larson of Burlington Symington of Jericho Crowley of West Rutland Lippert of Hinesburg Towne of Berlin Dakin of Colchester Livingston of Manchester Tracy of Burlington Darrow of Newfane Mann of Leicester Valliere of Barre City Davis of Cavendish Marron of Stowe Vincent of Waterbury Deen of Westminster Maslack of Poultney Vinton of Colchester DePoy of Rutland City Masland of Thetford Voyer of Morristown Donovan of Burlington Mazur of South Burlington Waite of Pawlet Dostis of Waterbury McGrath of Ferrisburgh Webster of Brattleboro Doyle of Richmond Metzger of Milton Webster of Randolph Driscoll of Burlington Milkey of Brattleboro Weeks of Wallingford Emmons of Springfield Miller of Shaftsbury Westman of Cambridge Flory of Pittsford Molloy of Arlington Wheeler of Burlington George of Middlebury Morrissey of Bennington Winters of Williamstown Gervais of Enosburg Mullin of Rutland Town Wood of Brandon Gray of Barre Town Nitka of Ludlow Woodward of Johnson Heath of Westford Nuovo of Middlebury Wright of Burlington Helm of Castleton O'Donnell of Vernon Young of Orwell Hooker of Rutland City Obuchowski of Rockingham Zuckerman of Burlington Those members absent with leave of the House and not voting are: Anderson of Woodstock Atkins of Winooski Barney of Highgate Aswad of Burlington Audette of South Burlington Brown of Walden 223 FRIDAY, APRIL 6, 2001 Cross of Winooski Kitzmiller of Montpelier Rogers of Castleton Darrow of Dummerston Little of Shelburne Rusten of Halifax Endres of Milton Mackinnon of Sharon Schiavone of Shelburne Fisher of Lincoln Monti of Barre City Shaw of Derby Follett of Springfield Myers of Essex Willett of St. Albans City Grad of Moretown Pembroke of Bennington Hingtgen of Burlington Pike of Mendon

Pending third reading of the bill Reps. Young of Orwell and Larrabee of Danville moved to amend the bill as follows: In Sec. 40, page 34, lines 10 and 11, by striking the sentence beginning “Municipal discharges” in its entirety and inserting in lieu thereof a new sentence to read as follows: “Municipal discharges of 50,000 gallons or less per day shall not be subject to the requirements of this section or any other requirement of rule or law related to phosphorus.” Which was agreed to. Pending third reading of the bill Reps. Deen of Westminster, Driscoll of Burlington, Fisher of Lincoln, Howrigan of Fairfield, Larsen of Burlington, Pugh of South Burlington and Tracy of Burlington moved to amend the bill as follows: First: In Sec. 47, 10 V.S.A. § 1263a(m), on page 39, line 10, in subdivision (1), by striking the words “procedures for their use, based upon recommendations of the Vermont pesticide council” and inserting in lieu thereof “methods for their use and deny or issue permits pursuant to 6 V.S.A. § 1083(5)” Second: In Sec. 48, 6 V.S.A. § 1083(5), on page 40, on line 18, after the word “state”, before the period, by adding “and designate acceptable control products and methods for their use. No later than March 31, 2002, the commissioner shall adopt rules and regulations to implement this subdivision for control other than West Nile virus and other vector borne diseases. If an outbreak of West Nile virus or other vector borne diseases occurs, verified by the department of health, the commissioner may approve, on a case specific basis, the immediate application of acceptable larvicides and by striking the period and the second sentence up until the semicolon Third: In Sec. 48, 6 V.S.A. § 1083(6), on page 41, line 2, before the period, by striking the words “Vermont pesticide advisory council” and inserting in lieu thereof “commissioner” Fourth: In Sec. 48, 6 V.S.A. § 1083, at the end, by adding a new subsection (7) to read:

JOURNAL OF THE HOUSE 224 (7) The commissioner shall issue a permit for the use of pesticides in waters of the state for mosquito control if: (A) there is no reasonable nonchemical alternative available; (B) there is acceptable risk to the nontarget environment; (C) there is negligible risk to public health; (D) a long-range management plan has been developed which incorporates a schedule of pesticide minimization; and (E) there is a public benefit to be achieved from the application of a pesticide or, in the case of a pond located entirely on a landowner's property, no undue adverse effect upon the public good. (8) A municipality or mosquito control district applying to use Bacillus thuringiensis israelensis or similar microbial pesticide, or a landowner applying to use a pesticide on a pond located entirely on the landowner's property is exempt from the requirement of subdivision (7)(D) of this section. (9) The commissioner shall adopt procedures under 3 V.S.A. chapter 25 which will provide an opportunity for public review and comment on permit applications. The procedures shall classify permit applications by degree of environmental risk involved and establish appropriate opportunities for public notice and comment for each class. (10) An mosquito control permit issued under this section shall: (A) specify in writing the commissioner's findings under subdivision (7) or (8) of this subsection; (B) specify the location, manner, nature and frequency of the permitted activity; (C) contain additional conditions, requirements, and restrictions as the commissioner deems necessary to preserve and protect the quality of the receiving waters, to protect the public health and to minimize the impact on the nontarget environment. Such conditions may include but are not limited to requirements concerning recording, reporting and monitoring; (D) be valid for the period of time specified in the permit, not to exceed ten years. (11) An mosquito control permit issued under this chapter may be renewed from time to time upon application to the commissioner. The process of permit renewal will be consistent with the requirements of this section. 225 FRIDAY, APRIL 6, 2001 Pending the question, Shall the House amend the bill as recommended by Reps. Deen of Westminster, et al? Rep. Deen of Westminster demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Reps. Deen of Westminster, et al? was decided in the negative. Yeas, 46. Nays, 75. Those who voted in the affirmative are: Alfano of Calais Hooker of Rutland City Paquin of Fairfax Amidon of Charlotte Howrigan of Fairfield Partridge of Windham Audette of South Burlington Hummel of Underhill Pugh of South Burlington Bohi of Hartford Jordan of Middlesex Reese of Pomfret Brooks of Montpelier Keenan of St. Albans City Seibert of Norwich Connell of Warren Keogh of Burlington Starr of Troy Darrow of Newfane Kiss of Burlington Sweaney of Windsor Deen of Westminster Larson of Burlington Symington of Jericho Donovan of Burlington Lippert of Hinesburg Tracy of Burlington Dostis of Waterbury Masland of Thetford Vincent of Waterbury Doyle of Richmond Milkey of Brattleboro Webster of Brattleboro Driscoll of Burlington Miller of Shaftsbury Wheeler of Burlington Emmons of Springfield Nitka of Ludlow Woodward of Johnson Gervais of Enosburg Nuovo of Middlebury Zuckerman of Burlington Heath of Westford Obuchowski of Rockingham Hingtgen of Burlington Osman of Plainfield Those who voted in the negative are: Adams of Hartland Haas of Rutland City McGrath of Ferrisburgh Allaire of Rutland City Hall of Newport City Metzger of Milton Allard of St. Albans Town Helm of Castleton Morrissey of Bennington Angell of Randolph Houston of Ferrisburgh Mullin of Rutland Town Baker of West Rutland Hube of Londonderry O'Donnell of Vernon Bolduc of Orleans Hudson of Lyndon Otterman of Topsham Bostic of St. Johnsbury Johnson of Canaan Palmer of Pownal Bourdeau of Hyde Park Kainen of Hartford Peaslee of Guildhall Carey of Chester Kennedy of Chelsea Quaid of Williston Clark of St. Johnsbury Ketchum of Bethel Randall of Bradford Cleland of Northfield Kilmartin of Newport City Rosenquist of Georgia Colvin of Bennington Koch of Barre Town Schaefer of Colchester Crawford of Burke Krawczyk of Bennington Scribner of Bristol Crowley of West Rutland LaBarge of Grand Isle Severance of Colchester Dakin of Colchester Larocque of Barnet Sheltra of Derby Davis of Cavendish Larose of Richford Smith of New Haven DePoy of Rutland City Larrabee of Danville Stevens of Essex Duffy of Rutland City LaVoie of Swanton Sweetser of Essex Flory of Pittsford Mann of Leicester Towne of Berlin George of Middlebury Marron of Stowe Valliere of Barre City Goodridge of Albany Maslack of Poultney Vinton of Colchester Gray of Barre Town Mazur of South Burlington Voyer of Morristown

JOURNAL OF THE HOUSE 226 Waite of Pawlet Westman of Cambridge Wood of Brandon Webster of Randolph Winters of Swanton Wright of Burlington Weeks of Wallingford Winters of Williamstown Young of Orwell Those members absent with leave of the House and not voting are: Anderson of Woodstock Follett of Springfield Myers of Essex Aswad of Burlington Grad of Moretown Pembroke of Bennington Atkins of Winooski Kirker of Essex Pike of Mendon Barney of Highgate Kitzmiller of Montpelier Pillsbury of Brattleboro Brown of Walden Little of Shelburne Rogers of Castleton Cross of Winooski Livingston of Manchester Rusten of Halifax Darrow of Dummerston Mackinnon of Sharon Schiavone of Shelburne Endres of Milton Molloy of Arlington Shaw of Derby Fisher of Lincoln Monti of Barre City Willett of St. Albans City

Pending third reading of the bill Reps. Dakin of Colchester and Webster of Brattleboro moved to amend the bill as follows: By inserting a new section to be Sec. 51b to read as follows: Sec. 51b. MUNICIPAL AND NONPROFIT APPROPRIATIONS; STUDY (a) The house committee on institutions shall study state appropriations made in the capital construction act to municipal and nonprofit organizations and, on or before January 31, 2002, shall report to the general assembly its recommendations concerning the following: (1) The standards under which projects for which municipal and nonprofit organizations seeking appropriations shall be considered and assessed. (2) Methods or standards by which the growth of appropriations to municipal and nonprofit organizations can be monitored. (3) Proposed legislation that will accomplish the recommendations in subdivisions (1) and (2) of this subsection. (b) In conducting the study and making the recommendations, the house committee on institutions shall consult with any relevant state agency including, but not limited to, the department of libraries and the division for historic preservation. (c) Any recommendations under this section that are adopted by the general assembly shall go into effect no earlier than January 1, 2003. Pending the question, Shall the House amend the bill as recommended by Reps. Dakin of Colchester and Webster of Brattleboro? Rep. Tracy of Burlington demanded the Yeas and Nays, which demand was sustained by the 227 FRIDAY, APRIL 6, 2001 Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Reps. Dakin of Colchester and Webster of Brattleboro? was decided in the negative. Yeas, 48. Nays, 73. Those who voted in the affirmative are: Alfano of Calais Heath of Westford Otterman of Topsham Amidon of Charlotte Hooker of Rutland City Paquin of Fairfax Audette of South Burlington Hummel of Underhill Partridge of Windham Bohi of Hartford Jordan of Middlesex Pugh of South Burlington Bostic of St. Johnsbury Keenan of St. Albans City Reese of Pomfret Brooks of Montpelier Keogh of Burlington Schaefer of Colchester Connell of Warren Kiss of Burlington Seibert of Norwich Dakin of Colchester Larson of Burlington Severance of Colchester Darrow of Newfane Lippert of Hinesburg Sweaney of Windsor Deen of Westminster Masland of Thetford Symington of Jericho Donovan of Burlington Milkey of Brattleboro Tracy of Burlington Dostis of Waterbury Miller of Shaftsbury Vincent of Waterbury Doyle of Richmond Nitka of Ludlow Vinton of Colchester Driscoll of Burlington Nuovo of Middlebury Webster of Brattleboro Emmons of Springfield Obuchowski of Rockingham Woodward of Johnson Gervais of Enosburg Osman of Plainfield Zuckerman of Burlington Those who voted in the negative are: Adams of Hartland Hube of Londonderry Peaslee of Guildhall Allaire of Rutland City Hudson of Lyndon Quaid of Williston Allard of St. Albans Town Johnson of Canaan Randall of Bradford Angell of Randolph Kainen of Hartford Rosenquist of Georgia Baker of West Rutland Kennedy of Chelsea Scribner of Bristol Bolduc of Orleans Kilmartin of Newport City Sheltra of Derby Bourdeau of Hyde Park Kirker of Essex Smith of New Haven Clark of St. Johnsbury Koch of Barre Town Starr of Troy Cleland of Northfield Krawczyk of Bennington Stevens of Essex Colvin of Bennington LaBarge of Grand Isle Sweetser of Essex Crawford of Burke Larocque of Barnet Towne of Berlin Crowley of West Rutland Larose of Richford Valliere of Barre City Davis of Cavendish Larrabee of Danville Voyer of Morristown DePoy of Rutland City LaVoie of Swanton Waite of Pawlet Duffy of Rutland City Livingston of Manchester Webster of Randolph Flory of Pittsford Mann of Leicester Weeks of Wallingford George of Middlebury Marron of Stowe Westman of Cambridge Goodridge of Albany Maslack of Poultney Wheeler of Burlington Gray of Barre Town Mazur of South Burlington Winters of Swanton Haas of Rutland City McGrath of Ferrisburgh Winters of Williamstown Hall of Newport City Metzger of Milton Wood of Brandon Helm of Castleton Morrissey of Bennington Wright of Burlington Hingtgen of Burlington Mullin of Rutland Town Young of Orwell Houston of Ferrisburgh O'Donnell of Vernon Howrigan of Fairfield Palmer of Pownal

JOURNAL OF THE HOUSE 228

Those members absent with leave of the House and not voting are: Anderson of Woodstock Fisher of Lincoln Myers of Essex Aswad of Burlington Follett of Springfield Pembroke of Bennington Atkins of Winooski Grad of Moretown Pike of Mendon Barney of Highgate Ketchum of Bethel Pillsbury of Brattleboro Brown of Walden Kitzmiller of Montpelier Rogers of Castleton Carey of Chester Little of Shelburne Rusten of Halifax Cross of Winooski Mackinnon of Sharon Schiavone of Shelburne Darrow of Dummerston Molloy of Arlington Shaw of Derby Endres of Milton Monti of Barre City Willett of St. Albans City

Rep. LaBarge of Grand Isle explained his vote as follows; “Mr. Speaker: Same committee chairman for the last 10 years Same method of doing business for the last 10 years No complaints for the last 10 years No complaints now.” Thereupon, the bill was read the third time. Pending the question, Shall the bill pass? Rep. Wood of Brandon demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 93. Nays, 28. Those who voted in the affirmative are: Adams of Hartland Duffy of Rutland City Kennedy of Chelsea Allaire of Rutland City Emmons of Springfield Keogh of Burlington Allard of St. Albans Town Flory of Pittsford Ketchum of Bethel Amidon of Charlotte George of Middlebury Kilmartin of Newport City Angell of Randolph Gervais of Enosburg Kirker of Essex Audette of South Burlington Goodridge of Albany Koch of Barre Town Baker of West Rutland Gray of Barre Town Krawczyk of Bennington Bolduc of Orleans Haas of Rutland City LaBarge of Grand Isle Bostic of St. Johnsbury Hall of Newport City Larocque of Barnet Bourdeau of Hyde Park Heath of Westford Larose of Richford Clark of St. Johnsbury Helm of Castleton Larrabee of Danville Cleland of Northfield Houston of Ferrisburgh LaVoie of Swanton Colvin of Bennington Howrigan of Fairfield Livingston of Manchester Crawford of Burke Hube of Londonderry Mann of Leicester Crowley of West Rutland Hudson of Lyndon Marron of Stowe Davis of Cavendish Johnson of Canaan Maslack of Poultney DePoy of Rutland City Kainen of Hartford Mazur of South Burlington Dostis of Waterbury Keenan of St. Albans City McGrath of Ferrisburgh 229 FRIDAY, APRIL 6, 2001 Metzger of Milton Randall of Bradford Vincent of Waterbury Miller of Shaftsbury Rosenquist of Georgia Vinton of Colchester Morrissey of Bennington Schaefer of Colchester Voyer of Morristown Mullin of Rutland Town Scribner of Bristol Waite of Pawlet Nitka of Ludlow Severance of Colchester Webster of Randolph Nuovo of Middlebury Sheltra of Derby Weeks of Wallingford O'Donnell of Vernon Smith of New Haven Westman of Cambridge Otterman of Topsham Starr of Troy Wheeler of Burlington Palmer of Pownal Stevens of Essex Winters of Swanton Paquin of Fairfax Sweaney of Windsor Winters of Williamstown Partridge of Windham Sweetser of Essex Wood of Brandon Peaslee of Guildhall Towne of Berlin Wright of Burlington Quaid of Williston Valliere of Barre City Young of Orwell Those who voted in the negative are: Alfano of Calais Hingtgen of Burlington Osman of Plainfield Bohi of Hartford Hooker of Rutland City Pugh of South Burlington Brooks of Montpelier Hummel of Underhill Reese of Pomfret Connell of Warren Jordan of Middlesex Symington of Jericho Dakin of Colchester Kiss of Burlington Tracy of Burlington Darrow of Newfane Larson of Burlington Webster of Brattleboro Deen of Westminster Lippert of Hinesburg Woodward of Johnson Donovan of Burlington Masland of Thetford Zuckerman of Burlington Doyle of Richmond Milkey of Brattleboro Driscoll of Burlington Obuchowski of Rockingham Those members absent with leave of the House and not voting are: Anderson of Woodstock Fisher of Lincoln Pembroke of Bennington Aswad of Burlington Follett of Springfield Pike of Mendon Atkins of Winooski Grad of Moretown Pillsbury of Brattleboro Barney of Highgate Kitzmiller of Montpelier Rogers of Castleton Brown of Walden Little of Shelburne Rusten of Halifax Carey of Chester Mackinnon of Sharon Schiavone of Shelburne Cross of Winooski Molloy of Arlington Seibert of Norwich Darrow of Dummerston Monti of Barre City Shaw of Derby Endres of Milton Myers of Essex Willett of St. Albans City

“Mr. Speaker: By way of explanation I would like to quote Senator James Jeffords a letter to Senator Trent Lott and Senator Ted Stevens, “Although we may not all agree on the substance or merits of the natural resources policies that are the subject of these extraneous amendments [or in this case in the bill, language], we do agree that attaching these changes in environmental laws to “must pass” spending bills is not the proper way to address them.” I still believe in the committee process.”

JOURNAL OF THE HOUSE 230 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. 48 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Mr. Speaker: I am directed to inform the House that the Senate has considered bills originating in the House of the following titles: H. 242. An act relating to terms of office for collectors of delinquent taxes. H. 327. An act relating to the Grand Isle consolidated water district. And has passed the same in concurrence. The Senate has on its part adopted joint resolutions of the following titles: J.R.S. 49. Joint resolution congratulating the 2000 Mount Abraham Division II championship field hockey team. J.R.S. 50. Joint resolution congratulating the 2000 Mount Abraham Union High School Eagles Division IV football team. In the adoption of which the concurrence of the House is requested. The Senate has considered joint resolutions originating in the House of the following titles: J.R.H. 87. Joint resolution congratulating the Mr. Anthony Union high School Patriots’ 2001 Division I wrestling team. J.R.H. 89. Joint resolution honoring Richard “Dick” and Frances “Fran” Hunt for their exemplary volunteer activities in Bennington. And has adopted the same in concurrence. Adjournment At four o’clock and fifty minutes in the afternoon, on motion of Rep. Hudson of Lyndon, the House adjourned until Tuesday, April 10, 2001, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 48.