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Journal of the House ______FRIDAY, MAY 31, 2002 At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Speaker Walter Freed of Dorset Joint Concurrent Resolution Read and Adopted Upon request of Rep. Kirker of Essex, the following resolution was read and adopted on the part of the House. J.C.R.H. 51 Joint concurrent resolution congratulating the students and teachers at the Albert D. Lawton School who created the project “Freedom Quilt” Offered by: Representatives Sweetser of Essex, Kirker of Essex, Myers of Essex and Stevens of Essex Whereas, the tragic events of September 11 have had a profound affect on every American, and Whereas, children throughout the United States have been particularly affected as their calm and sedate surroundings were cataclysmically altered, and Whereas, in response to the terrorist attacks, teachers have developed special school projects which enable youngsters to share their emotions and pay tribute to the brave men and women, be they police officers, firefighters, other emergency personnel, or the innocent civilian victims who perished on that horrific early fall morning, and Whereas, the School Development Institute at the Albert D. Lawton School in Essex Junction provided an ideal educational venue for students to express their grief and remembrance in a creative and artistic format, and Whereas, in a joint collaboration, art teacher Dianne Skinner and English teacher Beverly Knapp developed the “Freedom Quilt”, a unique opportunity to help the many students who participated in the project to better understand and cope with the events of September 11, and

245 JOURNAL OF THE HOUSE 246 Whereas, as the first stage in creating the Freedom Quilt, the students produced a colorful book containing original poetry and artwork, and Whereas, professional quilter Froncie Quinn applied her artistic ingenuity and transformed the students’ poems and illustrations into a commemorative quilt, and Whereas, the quilt was highlighted in the school’s Memorial Day ceremonies, is being displayed, along with the book on which it is based, at the State House, and will then be presented to President Bush in Washington, D.C., now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly congratulates the students and teachers at the Albert D. Lawton School in Essex Junction for their artistic and enduring personalized chronicle of the events and victims of September 11, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to the principal of the Albert D. Lawton School, Edward Wilkens, Froncie Quinn in Essex, President and Mrs. Bush at the White House in Washington, D.C., New York City Mayor Michael Bloomberg, New York City Police Commissioner Raymond Kelly, and to New York City Fire Commissioner Nicholas Scoppetta. Report of Committee of Conference Adopted H. 708 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 House bill, entitled An act relating to high school diplomas for World War II, Korean Conflict and Vietnam War veterans; Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended by striking all after the enacting clause and by inserting in lieu thereof the following: Sec. 1. FINDINGS The General Assembly finds: 247 FRIDAY, MAY 31, 2002 (1) This act is intended to honor veterans of World War II who never completed their secondary education. (2) The awarding of high school diplomas to World War II veterans does not diminish, in any manner, the extraordinary sacrifices which the veterans of more recent military conflicts have made on our nation’s behalf. (3) This act can serve as a model for future legislatures to honor the veterans of more recent military conflicts when a suitable span of time has passed between the conflict’s conclusion and the adoption of authorizing legislation. (4) On December 7, 1941, planes of the Japanese Air Force attacked the U.S. Naval Base at Pearl Harbor, Hawaii, marking the first time a foreign military force had attacked American territory since the War of 1812. In response to this attack, the United States declared war against Japan, and, soon thereafter, the Axis Powers. (5) As a result of these declarations of war, the nation’s youth of that era, who have since been lauded as the greatest generation of Americans, was mobilized, and served our country valiantly with pride and distinction. The courage of these young Americans assured a resounding United States military victory in the nearly four-year-long conflict that preserved our nation’s freedoms. (6) As this generation was discharged from military service in 1945 and 1946, many of these veterans, who had delayed marriage and starting families because of their World War II military obligations, immediately entered the workforce. In that era, when technical knowledge was not as essential an occupational commodity as it is in the 21st century, many of these veterans elected not to complete their high school education. (7) Over half a century has elapsed since VE and VJ Days. These World War II veterans have largely retired from their careers, and are now senior citizens whose numbers are rapidly decreasing. (8) It is fitting for the state of Vermont to honor the remaining members of the greatest generation by awarding those who did not complete their secondary education an official high school diploma to symbolize, in a small way, the gratitude of all Vermonters for the sacrifices endured in order that, today, we can live in freedom. Sec. 2. 16 V.S.A. § 563(25) is added to read: (25) shall, if it is a school board of a school district which maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II, was honorably separated

JOURNAL OF THE HOUSE 248 from active federal military service, and does not hold a high school diploma. The state board shall develop and make available an application form for veterans who wish to request a high school diploma. and that the bill be further amended by amending the title to read: AN ACT RELATING TO HIGH SCHOOL DIPLOMAS FOR WORLD WAR II VETERANS Jean Ankeney Diane Snelling Hull Maynard Committee on the part of the Senate Kathy Lavoie Jack Anderson Donny Osman Committee on the part of the House Which was considered and adopted on the part of the House. Third Reading; Bill Passed in Concurrence With Proposal of Amendment S. 27 Senate bill, entitled An act relating to increasing the technologies that may be used in the state for on-site disposal of wastewater; Was taken up, read the third time. Pending the question, Shall the bill pass in concurrence with proposal of amendment? Rep. Goodridge of Albany 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 in concurrence with proposal of amendment? was decided in the affirmative. Yeas, 71. Nays, 63. Those who voted in the affirmative are: Alfano of Calais Brooks of Montpelier Donovan of Burlington Amidon of Charlotte Cleland of Northfield Dostis of Waterbury Anderson of Woodstock Colvin of Bennington Doyle of Richmond Angell of Randolph Connell of Warren Driscoll of Burlington Aswad of Burlington Cross of Winooski Emmons of Springfield Audette of South Burlington Dakin of Colchester George of Middlebury Bohi of Hartford Darrow of Dummerston Gervais of Enosburg Bostic of St. Johnsbury Deen of Westminster Heath of Westford 249 FRIDAY, MAY 31, 2002 Hingtgen of Burlington Marron of Stowe Ryan of Waltham Hooker of Rutland City Masland of Thetford Schaefer of Colchester Houston of Ferrisburgh Mazur of South Burlington Scribner of Bristol Hummel of Underhill Milkey of Brattleboro Severance of Colchester Jordan of Middlesex Miller of Shaftsbury Sweaney of Windsor Keenan of St. Albans City Molloy of Arlington Symington of Jericho Keogh of Burlington Monti of Barre City Tracy of Burlington Ketchum of Bethel Nitka of Ludlow Valliere of Barre City Kiss of Burlington Nuovo of Middlebury Vinton of Colchester Kitzmiller of Montpelier Obuchowski of Rockingham Voyer of Morristown Larson of Burlington Osman of Plainfield Webster of Randolph LaVoie of Swanton Paquin of Fairfax Weeks of Wallingford Lippert of Hinesburg Partridge of Windham Westman of Cambridge Little of Shelburne Pembroke of Bennington Wheeler of Burlington Livingston of Manchester Pugh of South Burlington Zuckerman of Burlington Mackinnon of Sharon Rusten of Halifax Those who voted in the negative are: Allaire of Rutland City Hudson of Lyndon Pike of Mendon Allard of St. Albans Town Johnson of Canaan Quaid of Williston Atkins of Winooski Kainen of Hartford Randall of Bradford Bolduc of Barton Kennedy of Chelsea Rogers of Castleton Bourdeau of Hyde Park Kilmartin of Newport City Rosenquist of Georgia Brown of Walden Kirker of Essex Schiavone of Shelburne Carey of Chester Koch of Barre Town Shaw of Derby Clark of St. Johnsbury Krawczyk of Bennington Sheltra of Derby Crawford of Burke LaBarge of Grand Isle Smith of New Haven Crowley of West Rutland Larocque of Barnet Starr of Troy Duffy of Rutland City Larose of Richford Stevens of Essex Endres of Milton Larrabee of Danville Sweetser of Essex Fisher of Lincoln Mann of Leicester Towne of Berlin Flory of Pittsford Maslack of Poultney Waite of Pawlet Follett of Springfield Metzger of Milton Webster of Brattleboro Goodridge of Albany Morrissey of Bennington Willett of St. Albans City Gray of Barre Town Mullin of Rutland Town Winters of Swanton Hall of Newport City Myers of Essex Winters of Williamstown Helm of Castleton O'Donnell of Vernon Wood of Brandon Howrigan of Fairfield Otterman of Topsham Wright of Burlington Hube of Londonderry Palmer of Pownal Young of Orwell Those members absent with leave of the House and not voting are: Adams of Hartland Davis of Cavendish Pillsbury of Brattleboro Baker of West Rutland DePoy of Rutland City Reese of Pomfret Barney of Highgate Grad of Moretown Seibert of Norwich Bolognani of Readsboro Haas of Rutland City Vincent of Waterbury Darrow of Newfane Peaslee of Guildhall Woodward of Johnson

JOURNAL OF THE HOUSE 250 Rep. Goodridge of Albany explained his vote as follows: “Mr. Speaker: The good people of the Orleans-Caledonia 1 District elected me to serve them and protect their best interest. They did not elect me to be the Governor or some agency’s puppet.” Rep. Krawczyk of Bennington explained his vote as follows: “Mr. Speaker: Passage of S. 27 has a bad smell to it.” Rep. Sheltra of Derby explained her vote as follows: “Mr. Speaker: I cannot vote for legislation that negatively impacts the low to moderate income citizens of Vermont while giving more jurisdiction and power to the ANR which they are forced to support through their hard-earned tax dollars.” Third Reading; Bill Passed in Concurrence With Proposals of Amendment S. 151 Senate bill, entitled An act relating to abandoned motor vehicles; Was taken up and pending third reading of the bill, Reps. Darrow of Dummerston and Brown of Walden moved to amend the House proposal of amendment as follows: In Sec. 1. §2151(a)(1), by striking the word “eight” and inserting in lieu thereof the following: 24 Pending the question, Shall the House amend the House proposal of amendment as offered by Reps. Darrow of Dummerston and Brown of Walden? Rep. Darrow of Dummerston asked and was granted leave of the House to withdraw the pending amendment. Pending third reading of the bill, Rep. Palmer of Pownal moved to amend the House proposal of amendment in Sec. 1 of the First proposal of amendment by striking subdivision (1) and in Sec. 1 of the bill by striking subdivision (1) and in subdivision (2), by striking the following: (2) Which was agreed to. 251 FRIDAY, MAY 31, 2002 Pending third reading of the bill, Reps. Randall of Bradford and George of Middlebury moved to amend the House proposal of amendment as follows: First: In Sec. 1, 23 V.S.A. § 2155(a)(2), at the end, by inserting “The owner or agent of the owner of private property shall be reimbursed for the towing fee by any person who reclaims the abandoned motor vehicle.” Second: In Sec. 1, 23 V.S.A. § 2156(a), at the end, by inserting “Funds received from the sale or salvage of an abandoned motor vehicle by the towing service in excess of the storage charges shall be used to reimburse the payor of the towing fee.” Which was agreed to. Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment. Bill Not Messaged to Senate Forthwith Rep. Tracy of Burlington moved the rules be suspended to message forthwith Senate bill, entitled S. 27 Senate bill, entitled An act relating to increasing the technologies that may be used in the state for on-site disposal of wastewater; Pending the question, Shall the House suspend the rules to message the bill to the Senate forthwith? Rep. Hall of Newport City 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 suspend the rules to message the bill to the Senate forthwith? was decided in the negative. Yeas, 93. Nays, 45. A three-quarters vote of 104 needed. Those who voted in the affirmative are: Alfano of Calais Connell of Warren Gervais of Enosburg Amidon of Charlotte Crawford of Burke Grad of Moretown Anderson of Woodstock Cross of Winooski Heath of Westford Angell of Randolph Dakin of Colchester Helm of Castleton Aswad of Burlington Darrow of Dummerston Hingtgen of Burlington Atkins of Winooski Davis of Cavendish Hooker of Rutland City Audette of South Burlington Deen of Westminster Houston of Ferrisburgh Bohi of Hartford Donovan of Burlington Howrigan of Fairfield Bostic of St. Johnsbury Dostis of Waterbury Hummel of Underhill Brooks of Montpelier Doyle of Richmond Johnson of Canaan Brown of Walden Emmons of Springfield Jordan of Middlesex Cleland of Northfield Fisher of Lincoln Kainen of Hartford Colvin of Bennington George of Middlebury Keenan of St. Albans City

JOURNAL OF THE HOUSE 252 Keogh of Burlington Molloy of Arlington Schaefer of Colchester Ketchum of Bethel Monti of Barre City Scribner of Bristol Kiss of Burlington Morrissey of Bennington Seibert of Norwich Kitzmiller of Montpelier Myers of Essex Severance of Colchester LaBarge of Grand Isle Nitka of Ludlow Sweaney of Windsor Larocque of Barnet Nuovo of Middlebury Symington of Jericho Larrabee of Danville O'Donnell of Vernon Tracy of Burlington Larson of Burlington Obuchowski of Rockingham Valliere of Barre City LaVoie of Swanton Osman of Plainfield Vincent of Waterbury Lippert of Hinesburg Palmer of Pownal Vinton of Colchester Little of Shelburne Paquin of Fairfax Voyer of Morristown Livingston of Manchester Partridge of Windham Webster of Brattleboro Mackinnon of Sharon Pembroke of Bennington Webster of Randolph Marron of Stowe Pike of Mendon Wheeler of Burlington Masland of Thetford Pugh of South Burlington Winters of Williamstown Mazur of South Burlington Reese of Pomfret Wood of Brandon Milkey of Brattleboro Rusten of Halifax Woodward of Johnson Miller of Shaftsbury Ryan of Waltham Zuckerman of Burlington Those who voted in the negative are: Allaire of Rutland City Hall of Newport City Rogers of Castleton Allard of St. Albans Town Hudson of Lyndon Rosenquist of Georgia Baker of West Rutland Kennedy of Chelsea Schiavone of Shelburne Bolduc of Barton Kilmartin of Newport City Shaw of Derby Bourdeau of Hyde Park Kirker of Essex Sheltra of Derby Carey of Chester Koch of Barre Town Smith of New Haven Clark of St. Johnsbury Krawczyk of Bennington Starr of Troy Crowley of West Rutland Larose of Richford Stevens of Essex DePoy of Rutland City Mann of Leicester Sweetser of Essex Duffy of Rutland City Maslack of Poultney Towne of Berlin Endres of Milton Metzger of Milton Waite of Pawlet Flory of Pittsford Mullin of Rutland Town Weeks of Wallingford Follett of Springfield Otterman of Topsham Willett of St. Albans City Goodridge of Albany Quaid of Williston Winters of Swanton Gray of Barre Town Randall of Bradford Young of Orwell Those members absent with leave of the House and not voting are: Adams of Hartland Driscoll of Burlington Pillsbury of Brattleboro Barney of Highgate Haas of Rutland City Westman of Cambridge Bolognani of Readsboro Hube of Londonderry Wright of Burlington Darrow of Newfane Peaslee of Guildhall

Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bill Delivered to the Governor Forthwith On motion of Rep. Tracy of Burlington, the rules were suspended and action on the bill was ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith. 253 FRIDAY, MAY 31, 2002 H. 708 House bill, entitled An act relating to high school diplomas for World War II, Korean Conflict and Vietnam War veterans; Bill Messaged to Senate Forthwith On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith. S. 151 Senate bill, entitled An act relating to abandoned motor vehicles; Third Reading; Bill Passed in Concurrence With Proposal of Amendment; Rules Suspended; Bill Ordered Messaged to the Senate Forthwith S. 241 Senate bill, entitled An act relating to auricular acupuncture for the treatment of alcoholism, substance abuse or chemical dependency; Was taken up and pending third reading of the bill, Rep. Sweaney of Windsor moved to amend the bill as follows: In Sec. 2, § 3412 of 26 V.S.A., subsection (d), by striking the last sentence in its entirety. Which was agreed to. Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment. On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith. Recess At eleven o’clock and fifty-five minutes in the forenoon, the Speaker declared a recess until one o’clock and thirty minutes in the afternoon. Afternoon At two o’clock and five minutes in the afternoon, the Speaker called the House to order.

JOURNAL OF THE HOUSE 254 Senate Proposal of Amendment Not Concurred in; Committee of Conference Requested H. 519 The Senate proposes to the House to amend House bill, entitled An act relating to emergency generating facilities; By striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. FINDINGS; PURPOSE The general assembly finds there is a remote possibility that sets of circumstances could occur, causing sudden problems with electric power transmission or generating systems or natural gas facilities. In addition, there is the possibility a terrorist incident elsewhere could create difficulties with energy distribution within Vermont. These situations require a faster process than the required statutory process for obtaining a certificate of public good before commencing work. Even when the governor declares a state of emergency on account of anything other than an enemy attack to Vermont, existing statutes could seriously slow repairing electric or natural gas systems in the state. This act provides an expedited process to keep these essential systems operating in these emergency situations, while still providing for a subsequent review process to determine the fixes are in the public good. Sec. 2. 30 V.S.A. § 248(k) is amended to read: (k)(1) Notwithstanding any other provisions of this section, the board may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of an electric transmission facility contained in this section or a generation facility necessary to assure the stability or reliability of the electric system or a natural gas facility, pending full review under this section. (2) A person seeking a waiver under this subsection shall file a petition with the board and shall provide copies to the department of public service and the agency of natural resources. Upon receiving the petition, the board shall conduct an expedited preliminary hearing, upon such notice to the governmental bodies listed in subdivision (a)(4)(C) of this section as the board may require. (3) An order granting a waiver may include terms, conditions and safeguards, including the posting of a bond or other security, as the board deems proper, considering the scope and duration of the requested waiver. (4) A waiver shall be granted only upon a showing that: 255 FRIDAY, MAY 31, 2002 (A) good cause exists because an emergency situation has occurred; (B) the waiver is necessary to provide adequate and efficient service or to preserve the property of the public service company devoted to public use; and (C) measures will be taken, as the board deems appropriate, to minimize significant adverse impacts under the criteria specified in subdivisions (b)(5) and (8) of this section; and (C)(D) taking into account any terms, conditions and safeguards that the board may require, the waiver will promote the general good of the state. (5) Upon the expiration of a waiver, if a certificate of public good has not been issued under this section, the board shall require the removal, relocation or alteration of the facilities subject to the waiver, as it finds will best promote the general good of the state. Sec. 3. 30 V.S.A. § 248(l) is added to read: (l) Notwithstanding other provisions of this section, and without limiting any existing authority of the governor, and pursuant to subdivisions 9(10) and (11) of Title 20, when the governor has proclaimed a state of emergency pursuant to section 9 of Title 20, the governor, in consultation with the chair of the public service board and the commissioner of the department of public service, or their designees, may waive the prohibitions contained in this section upon site preparation for or construction of an electric transmission facility or a generation facility necessary to assure the stability or reliability of the electric system or a natural gas facility. Waivers issued under this subsection shall be subject to such conditions as are required by the governor, and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the governor. Upon the expiration of a waiver under this subsection, if a certificate of public good has not been issued under this section, the board shall require the removal, relocation, or alteration of the facilities, subject to the waiver, as the board finds will best promote the general good of the state. Sec. 4. 3 V.S.A. § 2822(c) and (d) are added to read: (c) If a waiver has been granted by the public service board under subsection 248(k) of Title 30, the secretary or the secretary’s designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to assure the stability or

JOURNAL OF THE HOUSE 256 reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or chapter 11 of Title 29. Such authorization shall be given only after findings by the secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, u pon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the public service board. A permit issued under this subsection shall be subject to such conditions as are required by the secretary, and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the secretary or the commissioner of environmental conservation, the secretary may seek enforcement under applicable law. (d) The secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in subdivision 9(11) of Title 20. Sec. 5. 20 V.S.A. § 9 is amended to read: § 9. EMERGENCY POWERS OF GOVERNOR Subject to the provisions hereinafter stated, in the event of a natural disaster, a radiological incident, hazardous chemical or substance incident or an enemy attack upon the United States or Canada, any of which causes or may cause substantial damage or injury to persons or property within the bounds of the state in any manner, the governor may proclaim a state of emergency within the entire state or any portion or portions of the state. Thereafter, the governor shall have, and may exercise for such period as he or she shall find the emergency exists, the following additional powers within such area or areas: * * * (10) As provided in section 248(l) of Title 30, in consultation with the chair of the public service board and the commissioner of the department of public service or their designees, to waive the prohibitions contained in section 248 of Title 30 upon site preparation for or construction of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility. Waivers issued under this subdivision shall be subject to such conditions as are required by the governor, and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the governor. Upon the expiration of a waiver under this subdivision, if a certificate of public good has 257 FRIDAY, MAY 31, 2002 not been issued by the public service board under section 248 of Title 30, the board shall require the removal, relocation, or alteration of the facilities, subject to the waiver, as the board finds will best promote the general good of the state. (11 ) In consultation with the secretary of the agency of natural resources or designee, to authorize the agency to issue temporary emergency permits, with appropriate conditions to minimize significant adverse environmental impacts, after limited or no opportunity for public comment, allowing site preparation for, construction of or operation of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility. A permit issued under this subdivision shall be subject to such conditions as are required by the governor, and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the governor. Upon the expiration of a temporary emergency permit under this subdivision, if any applicable permits have not been issued by the secretary or the commissioner of environmental conservation, the secretary may seek enforcement under applicable law. Sec. 6. 10 V.S.A. § 912 is added to read: § 912. TEMPORARY EMERGENCY PERMITS The secretary or the secretary’s designee shall expedite and may authorize temporary emergency permits under this title, pursuant to 3 V.S.A. § 2822(c). Sec. 7. 29 V.S.A. § 408(d) is added to read: (d) Temporary emergency permits may be issued, pursuant to 3 V.S.A. § 2822(c). Sec. 8. 30 V.S.A. chapter 14 is revised to read: CHAPTER 14. CITY OF BURLINGTON AND, VILLAGE OF LYNDONVILLE AND TOWN OF ROCKINGHAM ACQUISITION OF FACILITIES Sec. 9. 30 V.S.A. § 604 is amended to read: § 604. ADDITIONAL AUTHORITY (a) Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of electric utilities or any limitation imposed by their charters, the city of Burlington and, the village of Lyndonville acting through its board of trustees, and the town of Rockingham shall each have the following additional powers:

JOURNAL OF THE HOUSE 258 (1) jointly or separately to plan, finance, construct, purchase, operate, maintain, use, share costs of, own, mortgage, lease, sell, dispose of or otherwise participate in electric power generating and transmission facilities or portions thereof within or without the state or the product or service therefrom or securities issued in connection with the financing of such facilities or portions thereof; (2) to enter into and perform contracts for such joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, disposal of or other participation in electric power generating and transmission facilities, or portions thereof, within or without the state of the product or service therefrom, or securities issued in connection with the financing of electric power facilities or portions thereof, including, without limitation, contracts for the payment of obligations imposed without regard to the operational status of a facility or facilities and contracts for the sale or purchase of electricity from an electric power facility or facilities for long or short periods of time or for the life of a specific electric generating unit or units. (b) Other electric utilities, whether cooperative, municipal or privately owned, may enter into and perform contracts with the city of Burlington for the purposes of this section. The provisions of this chapter shall not otherwise affect the jurisdiction of the public service board regarding the activities of the Burlington electric light department and of the village of Lyndonville electric light department, or any municipal utility formed by the town of Rockingham, within the state of Vermont. (c) Cooperative and municipal electric utilities, in accordance with chapter 83 of this title, and other electric utilities may enter into and perform contracts with the city of Burlington and, the village of Lyndonville, and the town of Rockingham for the purposes of this section. (d) The town of Rockingham shall have the authority, if duly authorized by its voters in accordance with the procedures set forth in chapter 79 of this title for the formation of a municipal utility, whether such vote or authorization occurs before or after the effective date of this section, and after obtaining a certificate of public good pursuant to section 248 of this title, including compliance with subsection 248(c) of this title, to acquire, own, and operate the hydroelectric generating facilities located at Bellows Falls, Vermont, notwithstanding the fact the output of such facilities may exceed the electric needs of the town and its municipal utility, and to sell that portion of the output of such facilities that exceeds the needs of the town in serving its own municipal utility and such municipal utility’s own customers. The town shall not have the authority to acquire the hydroelectric generating facilities located 259 FRIDAY, MAY 31, 2002 at Bellows Falls, Vermont by eminent domain. In selling any of the output of such generating facilities, the town of Rockingham shall not have the authority to seek or obtain treatment as a “qualifying facility” under 18 C.F.R. § 292.201-207 or subdivision 209(a)(8) of this title, and Rockingham shall not have the authority to own or operate such facilities or a portion of such facilities if such facilities otherwise obtain treatment as a “qualifying facility”. Sec. 10. 30 V.S.A. §§ 605, 606 and 607 are amended to read: § 605. CONTRACTS Contracts under section 604 of this title may be for a term or for an indefinite period; may provide for the sale or other disposition of by-products byproducts of electric power facilities; and may contain provisions for arbitration, delegation and other matters deemed necessary or desirable to carry out their purposes. Any party, public or private, desiring to purchase or use by-products byproducts of electric power facilities financed, constructed or operated under this chapter may enter into contracts therefor for short or long terms. The obligation of the city and, village and town under contracts referred to in this section shall not be included in the debt of the city and, village and town for the purpose of ascertaining its borrowing capacity. § 606. TENANCY IN COMMON If the city of Burlington, or the village of Lyndonville, or the town of Rockingham, acquires or owns an interest as a tenant in common with one or more other electric utilities in any electric power facilities, the surrender or waiver by any party of its right to partition such property for a period not exceeding the period for which the property is used or useful for electric utility purposes shall not be invalid or unenforceable by reason of the length of such period, or as unduly restricting the alienation of such property. § 607. CONSENT TO APPLICATION OF LAWS OF OTHER STATES (a) Legislative consent is hereby given to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof to the city of Burlington or, the village of Lyndonville, or the town of Rockingham, to the extent either that any such municipality acquires or has an interest in an electric power facility, real or personal, situated without outside the state or to the extent it owns or operates electric power facilities without outside the state pursuant to authority granted in this chapter. (b) Legislative consent is hereby given to the application of regulatory and other laws of other states and of the United States to the city of Burlington or, the village of Lyndonville, or the town of Rockingham to the extent it owns or

JOURNAL OF THE HOUSE 260 operates electric power facilities without the state pursuant to authority granted in this chapter. * * * Sec. 11. 30 V.S.A. § 610 is added to read: § 610. BONDING AUTHORITY– TOWN OF ROCKINGHAM (a) The town of Rockingham, when authorized as provided in chapter 53 of Title 24, may pledge its credit by issuing its negotiable orders, warrants, notes or bonds for project costs, or its share of project costs, of electric power facilities authorized pursuant to section 604(d) of this title. Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes relating to the acquisition of facilities under this chapter, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, planning, engineering, financial advisory and legal services, administrative expenses, prepayments under contracts made pursuant to section 604 of this title, the funding of notes issued for project costs, and all other expenses incidental to the determination of the feasibility of any project, or to carrying out the project, or to placing the project in operation. (b) The obligations shall be issued in accordance with chapter 53 of Title 24. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the town. (c) The bonding authority of the town of Rockingham set forth by this section shall be subject to the following: (1) The town of Rockingham shall not incur indebtedness in order to support the acquisition of the hydroelectric facility specified in subsection 604(d) of this title except in the form of bonds issued under subchapter 2 of chapter 53 of Title 24, payable solely from the net revenues from that hydroelectric facility, nor shall the town have the authority to use the Vermont Municipal Bond Bank to assist with the town’s acquisition of that hydroelectric facility; provided, however, the foregoing limitations shall not restrict the town from using whatever financing options, or combinations of financing options, otherwise legally available to it for purposes of acquiring, repairing, improving or maintaining any other parts of a municipal plant as defined in chapter 79 of Title 30, or for purposes of repairing, improving, or maintaining the hydroelectric facility after the town owns the hydroelectric facility. 261 FRIDAY, MAY 31, 2002 (2) Revenue bonds issued for purposes of the town’s acquisition of the hydroelectric facility shall not be deemed to constitute a debt or liability or obligation of the town, the state or of any political subdivision of it, nor shall those revenue bonds be deemed to constitute a pledge of the faith and credit of the town, the state or of any political subdivision, but shall be payable solely from the revenues from the hydroelectric facility. Any revenue bond issued by the town to support the town’s acquisition of the hydroelectric facility shall contain on its face a statement to the effect the town shall not be obligated to pay the same nor the interest on it, except from the revenues or assets pledged for those purposes, and neither the faith and credit nor the taxing power of the town, the state or of any political subdivision of it is pledged to the payment of the principal of or the interest on such obligations. (3) The state does hereby pledge to agree with the holders of the notes and bonds issued under this section that the state will not limit or restrict the rights hereby vested in the town to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes. Neither will the state in any way impair the rights and remedies of the holders until the notes and bonds, together with interest on them, and interest on any unpaid installments of interest, are fully met, paid and discharged. The town is authorized to execute this pledge and agreement of the state in any agreement with the holders of the notes or bonds. Sec. 12. 30 V.S.A. § 611 is added to read: § 611. STAGING OF PROCESSES OF ACQUISITION OF HYDROELECTRIC AND OTHER ASSETS In connection with a municipalization effort by the town of Rockingham that includes an effort to acquire the hydroelectric facilities referred to in section 604(d) of this chapter, neither the town nor a utility shall commence proceedings under sections 2909 or 2910 of this title for the town to take by eminent domain or for the public service board to set a value for the electric transmission and distribution plant within the town unless and until the town has first reached a written agreement with the owner of the hydroelectric facilities, signed by the town and the owner of the hydroelectric facilities, that establishes the owner’s willingness to sell those facilities at a particular price. No person shall be considered to be prejudiced in any manner by any effect this section may have on such person’s ability to otherwise comply with any procedural, substantive, or timing requirement of chapter 79 of this title. This section shall not impede or limit the town’s ability to acquire any utility plant, in any manner authorized by law, in connection with any municipalization effort that clearly does not involve a then- present effort to acquire the hydroelectric facilities referred to in section 604(d) of this chapter.

JOURNAL OF THE HOUSE 262 Sec. 13. 30 V.S.A. § 2909 is amended to read: § 2909. HEARING BEFORE BOARD ON FAILURE TO AGREE If the municipality does not ratify such agreement for the purchase in the manner provided in section 2908 of this title or if the price cannot be agreed upon or if it cannot be agreed as to how much, if any, of such plant and property lying without such municipality the public interest requires such municipality to purchase, either the municipality or the utility may petition the board for a determination of these questions. The board, after proper notice and hearing, shall decide the amount of just compensation and any other matters in dispute, and shall also, when required to fix the price to be paid for such plant and property, determine the amount of damages, if any, caused by the severance of the plant and property proposed to be purchased from the other plant and property of the utility. The board shall make its determinations on or before 12 months after the filing of the petition. The board may extend the time for determination an additional six months upon agreement of all of the parties or, absent such an agreement, upon a finding by the board, after notice and hearing, that such an extension is necessary to prevent injustice to one or more of the parties. From such determinations, there shall be the right of appeal to the supreme court on all matters involved as provided in chapter 1 of this title. Sec. 14. 32 V.S.A. § 5404b is amended to read: § 5404b.HYDRO-ELECTRIC PROPERTY; CONSERVATION EASEMENTS; TRANSFERS Notwithstanding any other provision of law, including the provisions of 32 V.S.A. § subdivisions 3481(1), and the provisions of 32 V.S.A. § 3802(1) of this title: (1) any real property subject to conservation easements granted pursuant to the terms of any agreement executed on or after January 1, 1997 between companies owning real property used for hydro-electric generation in this state and the state of Vermont shall continue to be assessed and property taxes collected as if such property were not subject to such easements; and (2) any real property purchased by the state pursuant to the terms of any agreement executed on or after January 1, 1997 between companies owning real property used for hydro-electric generation in this state and the state of Vermont, which property continues to be owned by the state, or by some successor owner which would otherwise be exempt from property taxes, shall continue to be assessed and property taxes collected as if such property were not so purchased by the state; and 263 FRIDAY, MAY 31, 2002 (3) any real property and fixtures used for hydro-electric generation and purchased by the town of Rockingham on or after January 1, 2002, which property and fixtures continue to be owned by the town of Rockingham and used for purposes of hydro-electric generation, shall continue to be assessed as if such property were not so purchased by the town of Rockingham. The town shall, in lieu of property taxes, pay to any governmental body authorized to levy property taxes the amount which would be assessable as property taxes on the real and tangible personal property if that property were the property of a utility. These payments shall be due, and bear interest if unpaid, as in the case of taxes on the property of a utility. For purposes of these payments in lieu of taxes, the assessors of the taxing authority shall make a valuation and assessment of the property, and determine the tax that would be assessable if the property were owned by a utility. Payments in lieu of taxes made under this chapter shall be treated in the same manner as taxes for the purposes of all procedural and substantive provisions of law, including appeals, now and hereinafter in effect applicable to assessment and taxation of real and personal property, collection and abatement of these taxes and the raising of public revenues. Sec. 15. EFFECTIVE DATE This act shall take effect upon passage. And that the title of the bill be amended to read as follows: AN ACT RELATING TO EMERGENCY GENERATING FACILITIES, AND TO THE TOWN OF ROCKINGHAM AND ELECTRIC GENERATING FACILITIES Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Colvin of Bennington moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to. Third Reading; Bill Passed in Concurrence With Proposals of Amendment S. 300 Senate bill, entitled An act relating to redistricting the Vermont Senate; Was taken up and pending third reading of the bill Rep. Howrigan of Fairfield moved the House propose to the Senate to amend the bill as follows: By adding a new Sec. 2(b) (3) to read: (3) FRANKLIN-2 is subdivided into the following districts:

JOURNAL OF THE HOUSE 264 FRANKLIN 2-1. The towns of Fairfield, Fletcher and that portion of St. Albans Town bounded by a line beginning on the west at the intersection of the Fairfield town line and Fairfield Hill Road (VT Route 36), then proceeding northwesterly along Fairfield Hill Road to Fisher Pond Road, then southerly to Grace Bridge road to the border of St, Albans City, then along the border of St. Albans City in a southwesterly direction to the intersection of Ethan Allen Highway (Georgia Road), then along Ethan Allen Highway southwesterly to its intersection with the town line of the town of Georgia, then easterly along the town line of Georgia to the intersection of the town lines of Georgia, Fairfax and Fairfield, then along the town line of Fairfield northeasterly to the point of beginning. 1 FRANKLIN 2-2 That portion of St. Albans town which is not in FRANKLIN 2-1. 1 Which was disagreed to. Rep. LaBarge of Grand Isle in Chair. Pending third reading of the bill Reps. Hingtgen of Burlington, Wright of Burlington and Quaid of Williston moved the House propose to the Senate to amend the bill as follows: In Sec. 1. §1881, by striking subdivision (4), and by inserting a new subdivision (4) to read: (4) Chittenden senatorial district, composed of the towns of Bolton, Buel’s Gore, Burlington, Charlotte, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, South Burlington, Underhill, Westford, Williston, Winooski...... six; (A) Chittenden senatorial district #1, composed of the cities of Burlington, South Burlington and Winooski………… three. (B) Chittenden senatorial district #2, composed of the towns of Charlotte, Essex, Hinesburg, Jericho, Milton, Richmond, Shelburne, St. George, Underhill, Westford and Williston……. three. and striking subdivision (11), and by inserting a new subdivision (11) to read: (11) Washington senatorial district, composed of the towns of Barre City, Barre Town, Berlin, Bolton, Buel’s Gore, Cabot, Calais, Duxbury, East Montpelier, Fayston, Huntington, Marshfield, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury and Worcester...... three; 265 FRIDAY, MAY 31, 2002 Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Reps. Hingtgen of Burlington, et al? Rep. Hingtgen of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. Speaker Freed of Dorset back in Chair. The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill as recommended by Reps. Hingtgen of Burlington, et al? was decided in the negative. Yeas, 56. Nays, 84. Those who voted in the affirmative are: Allaire of Rutland City Koch of Barre Town Severance of Colchester Amidon of Charlotte Larose of Richford Shaw of Derby Bourdeau of Hyde Park LaVoie of Swanton Sheltra of Derby Brown of Walden Livingston of Manchester Smith of New Haven Cleland of Northfield Mann of Leicester Stevens of Essex Crowley of West Rutland Maslack of Poultney Sweetser of Essex DePoy of Rutland City Mazur of South Burlington Towne of Berlin Duffy of Rutland City Metzger of Milton Valliere of Barre City Endres of Milton Mullin of Rutland Town Voyer of Morristown Flory of Pittsford Myers of Essex Waite of Pawlet George of Middlebury O'Donnell of Vernon Webster of Randolph Goodridge of Albany Otterman of Topsham Weeks of Wallingford Gray of Barre Town Palmer of Pownal Winters of Swanton Hall of Newport City Quaid of Williston Winters of Williamstown Hingtgen of Burlington Randall of Bradford Wood of Brandon Kainen of Hartford Rogers of Castleton Wright of Burlington Kennedy of Chelsea Rosenquist of Georgia Young of Orwell Kilmartin of Newport City Schaefer of Colchester Zuckerman of Burlington Kirker of Essex Schiavone of Shelburne Those who voted in the negative are: Adams of Hartland Cross of Winooski Hooker of Rutland City Alfano of Calais Dakin of Colchester Houston of Ferrisburgh Anderson of Woodstock Darrow of Dummerston Howrigan of Fairfield Angell of Randolph Davis of Cavendish Hube of Londonderry Aswad of Burlington Deen of Westminster Hudson of Lyndon Atkins of Winooski Donovan of Burlington Hummel of Underhill Audette of South Burlington Dostis of Waterbury Johnson of Canaan Baker of West Rutland Doyle of Richmond Jordan of Middlesex Bohi of Hartford Driscoll of Burlington Keenan of St. Albans City Bolduc of Barton Emmons of Springfield Keogh of Burlington Bostic of St. Johnsbury Fisher of Lincoln Ketchum of Bethel Brooks of Montpelier Follett of Springfield Kiss of Burlington Carey of Chester Gervais of Enosburg Kitzmiller of Montpelier Colvin of Bennington Grad of Moretown Krawczyk of Bennington Connell of Warren Heath of Westford LaBarge of Grand Isle Crawford of Burke Helm of Castleton Larocque of Barnet

JOURNAL OF THE HOUSE 266 Larrabee of Danville Nitka of Ludlow Scribner of Bristol Larson of Burlington Nuovo of Middlebury Seibert of Norwich Lippert of Hinesburg Obuchowski of Rockingham Starr of Troy Little of Shelburne Osman of Plainfield Sweaney of Windsor Mackinnon of Sharon Paquin of Fairfax Symington of Jericho Marron of Stowe Partridge of Windham Tracy of Burlington Masland of Thetford Peaslee of Guildhall Vincent of Waterbury Milkey of Brattleboro Pembroke of Bennington Vinton of Colchester Miller of Shaftsbury Pugh of South Burlington Webster of Brattleboro Molloy of Arlington Reese of Pomfret Westman of Cambridge Monti of Barre City Rusten of Halifax Wheeler of Burlington Morrissey of Bennington Ryan of Waltham Woodward of Johnson Those members absent with leave of the House and not voting are: Allard of St. Albans Town Clark of St. Johnsbury Pike of Mendon Barney of Highgate Darrow of Newfane Pillsbury of Brattleboro Bolognani of Readsboro Haas of Rutland City Willett of St. Albans City

Rep. Metzger of Milton explained his vote as follows: “Mr. Speaker: The Chittenden County Senate District is the largest State Senate district in the nation. Having a district so disproportionately large to the other districts in the state deprives thousands upon thousands of Vermonters of their rights to equal representation. I am confident that when a suit is filed to declare this district unconstitutional, the court will see fit to uphold the rights of all Vermonters.” Thereupon, the bill was read the third time. Pending the question, Shall the bill pass in concurrence with proposal of amendment? Rep. LaBarge of Grand Isle 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 in concurrence with proposal of amendment? was decided in the affirmative. Yeas, 93. Nays, 48. Those who voted in the affirmative are: Adams of Hartland Bourdeau of Hyde Park DePoy of Rutland City Allaire of Rutland City Brown of Walden Duffy of Rutland City Allard of St. Albans Town Carey of Chester Endres of Milton Amidon of Charlotte Clark of St. Johnsbury Fisher of Lincoln Anderson of Woodstock Cleland of Northfield Flory of Pittsford Angell of Randolph Crawford of Burke Follett of Springfield Baker of West Rutland Crowley of West Rutland George of Middlebury Bolduc of Barton Dakin of Colchester Goodridge of Albany Bostic of St. Johnsbury Davis of Cavendish Gray of Barre Town 267 FRIDAY, MAY 31, 2002 Hall of Newport City Mackinnon of Sharon Schiavone of Shelburne Helm of Castleton Mann of Leicester Scribner of Bristol Hingtgen of Burlington Marron of Stowe Severance of Colchester Houston of Ferrisburgh Maslack of Poultney Shaw of Derby Hube of Londonderry Mazur of South Burlington Sheltra of Derby Hudson of Lyndon Metzger of Milton Smith of New Haven Johnson of Canaan Morrissey of Bennington Stevens of Essex Kainen of Hartford Mullin of Rutland Town Sweetser of Essex Keenan of St. Albans City Myers of Essex Towne of Berlin Kennedy of Chelsea Nitka of Ludlow Valliere of Barre City Ketchum of Bethel O'Donnell of Vernon Vinton of Colchester Kilmartin of Newport City Otterman of Topsham Voyer of Morristown Kirker of Essex Palmer of Pownal Waite of Pawlet Kiss of Burlington Peaslee of Guildhall Webster of Randolph Koch of Barre Town Pembroke of Bennington Weeks of Wallingford Krawczyk of Bennington Pugh of South Burlington Westman of Cambridge LaBarge of Grand Isle Randall of Bradford Winters of Swanton Larocque of Barnet Rogers of Castleton Winters of Williamstown Larrabee of Danville Rosenquist of Georgia Wood of Brandon LaVoie of Swanton Rusten of Halifax Wright of Burlington Little of Shelburne Ryan of Waltham Young of Orwell Livingston of Manchester Schaefer of Colchester Zuckerman of Burlington Those who voted in the negative are: Alfano of Calais Gervais of Enosburg Monti of Barre City Aswad of Burlington Grad of Moretown Nuovo of Middlebury Atkins of Winooski Heath of Westford Obuchowski of Rockingham Audette of South Burlington Hooker of Rutland City Osman of Plainfield Bohi of Hartford Howrigan of Fairfield Paquin of Fairfax Brooks of Montpelier Hummel of Underhill Partridge of Windham Colvin of Bennington Jordan of Middlesex Reese of Pomfret Connell of Warren Keogh of Burlington Seibert of Norwich Cross of Winooski Kitzmiller of Montpelier Starr of Troy Darrow of Dummerston Larose of Richford 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 Molloy of Arlington Woodward of Johnson Those members absent with leave of the House and not voting are: Barney of Highgate Haas of Rutland City Quaid of Williston Bolognani of Readsboro Pike of Mendon Willett of St. Albans City Darrow of Newfane Pillsbury of Brattleboro

Rep. Wright of Burlington explained his vote as follows: “Mr. Speaker:

JOURNAL OF THE HOUSE 268 This bill represents the best compromise possible in a difficult map. It represents fairness for both Winooski and Burlington, which would share a district with a 50/50 split, leaving both towns with an equal chance to win the seat. Some alternatives would leave Burlington unfairly under-represented.” House Resolution Adopted H.R. 65 Rep. O’Donnell of Vernon offered a House resolution, entitled House resolution congratulating Ed Sprague on receipt of the Boy Scouts of America Silver Beaver Award for leadership; Whereas, Ed Sprague, for 40 years, has played a pivotal leadership role in sustaining the activities of Boy Scout Troop #421 in Vernon, and Whereas, he served a long and successful tenure as the troop’s much admired scoutmaster, and Whereas, Ed has held other significant troop leadership posts, including committee chair and member-at-large, and Whereas, throughout his four decades as a scout leader, he has exemplified the highest ideals of the Boy Scouts, and Whereas, the Green Mountain Council of the Boy Scouts of America is presenting the Silver Beaver Award, the most prestigious honor given to Boy Scout leaders, to Ed, now therefore be it Resolved by the House of Representatives: That the House of Representatives congratulates Ed Sprague on his most deserved receipt of the Silver Beaver Award, and be it further Resolved: That the Assistant Clerk of the House be directed to send a copy of this resolution to Ed Sprague in Vernon. Which was read and adopted.

Bill Not Messaged to Senate Forthwith S. 27 Rep. Tracy of Burlington moved the rules be suspended to message to the Senate forthwith Senate bill, entitled 269 FRIDAY, MAY 31, 2002 An act relating to increasing the technologies that may be used in the state for on-site disposal of wastewater; Pending the question, Shall the House suspend the rules to message the bill to the Senate forthwith? 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 suspend the rules to message the bill to the Senate forthwith? was decided in the negative. Yeas, 102. Nays, 35. A three-quarters vote of 103 needed. Those who voted in the affirmative are: Alfano of Calais Hooker of Rutland City O'Donnell of Vernon Amidon of Charlotte Houston of Ferrisburgh Obuchowski of Rockingham Anderson of Woodstock Howrigan of Fairfield Osman of Plainfield Angell of Randolph Hube of Londonderry Palmer of Pownal Aswad of Burlington Hummel of Underhill Paquin of Fairfax Atkins of Winooski Johnson of Canaan Partridge of Windham Audette of South Burlington Jordan of Middlesex Pembroke of Bennington Bohi of Hartford Kainen of Hartford Pugh of South Burlington Bostic of St. Johnsbury Keenan of St. Albans City Reese of Pomfret Brooks of Montpelier Keogh of Burlington Rogers of Castleton Brown of Walden Ketchum of Bethel Rosenquist of Georgia Cleland of Northfield Kiss of Burlington Rusten of Halifax Colvin of Bennington Kitzmiller of Montpelier Ryan of Waltham Connell of Warren LaBarge of Grand Isle Schaefer of Colchester Crawford of Burke Larocque of Barnet Schiavone of Shelburne Cross of Winooski Larrabee of Danville Scribner of Bristol Dakin of Colchester Larson of Burlington Seibert of Norwich Darrow of Dummerston LaVoie of Swanton Severance of Colchester Davis of Cavendish Lippert of Hinesburg Sweaney of Windsor Deen of Westminster Little of Shelburne Symington of Jericho Donovan of Burlington Livingston of Manchester Tracy of Burlington Dostis of Waterbury Mackinnon of Sharon Valliere of Barre City Doyle of Richmond Marron of Stowe Vincent of Waterbury Driscoll of Burlington Masland of Thetford Vinton of Colchester Emmons of Springfield Mazur of South Burlington Voyer of Morristown Fisher of Lincoln Metzger of Milton Webster of Brattleboro Flory of Pittsford Milkey of Brattleboro Webster of Randolph George of Middlebury Miller of Shaftsbury Westman of Cambridge Gervais of Enosburg Molloy of Arlington Wheeler of Burlington Grad of Moretown Monti of Barre City Winters of Williamstown Gray of Barre Town Morrissey of Bennington Wood of Brandon Heath of Westford Myers of Essex Woodward of Johnson Helm of Castleton Nitka of Ludlow Wright of Burlington Hingtgen of Burlington Nuovo of Middlebury Zuckerman of Burlington Those who voted in the negative are: Adams of Hartland Allaire of Rutland City Allard of St. Albans Town

JOURNAL OF THE HOUSE 270 Bolduc of Barton Kennedy of Chelsea Shaw of Derby Bourdeau of Hyde Park Kilmartin of Newport City Sheltra of Derby Carey of Chester Kirker of Essex Smith of New Haven Clark of St. Johnsbury Koch of Barre Town Starr of Troy Crowley of West Rutland Krawczyk of Bennington Stevens of Essex Duffy of Rutland City Larose of Richford Sweetser of Essex Endres of Milton Mann of Leicester Towne of Berlin Follett of Springfield Maslack of Poultney Waite of Pawlet Goodridge of Albany Otterman of Topsham Winters of Swanton Hall of Newport City Peaslee of Guildhall Young of Orwell Hudson of Lyndon Randall of Bradford Those members absent with leave of the House and not voting are: Baker of West Rutland DePoy of Rutland City Pillsbury of Brattleboro Barney of Highgate Haas of Rutland City Quaid of Williston Bolognani of Readsboro Mullin of Rutland Town Weeks of Wallingford Darrow of Newfane Pike of Mendon Willett of St. Albans City

Bill Not Messaged to Senate Forthwith S. 300 Rep. Tracy of Burlington moved the rules be suspended to message to the Senate forthwith Senate bill, entitled An act relating to redistricting the Vermont Senate; Pending the question, Shall the House suspend the rules to message the bill to the Senate forthwith? 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 suspend the rules to message the bill to the Senate forthwith? was decided in the negative. Yeas, 82. Nays, 56. A three-quarters vote of 104 needed. Those who voted in the affirmative are: Adams of Hartland Crowley of West Rutland Hube of Londonderry Allaire of Rutland City Davis of Cavendish Hudson of Lyndon Allard of St. Albans Town DePoy of Rutland City Johnson of Canaan Amidon of Charlotte Driscoll of Burlington Kainen of Hartford Angell of Randolph Duffy of Rutland City Kennedy of Chelsea Baker of West Rutland Endres of Milton Ketchum of Bethel Bolduc of Barton Flory of Pittsford Kilmartin of Newport City Bostic of St. Johnsbury Follett of Springfield Kirker of Essex Bourdeau of Hyde Park George of Middlebury Kiss of Burlington Brown of Walden Goodridge of Albany Koch of Barre Town Carey of Chester Gray of Barre Town Krawczyk of Bennington Clark of St. Johnsbury Helm of Castleton LaBarge of Grand Isle Cleland of Northfield Hingtgen of Burlington Larocque of Barnet Crawford of Burke Houston of Ferrisburgh Larose of Richford 271 FRIDAY, MAY 31, 2002 LaVoie of Swanton Palmer of Pownal Valliere of Barre City Little of Shelburne Peaslee of Guildhall Voyer of Morristown Livingston of Manchester Rogers of Castleton Waite of Pawlet Mann of Leicester Rosenquist of Georgia Webster of Randolph Marron of Stowe Schaefer of Colchester Weeks of Wallingford Maslack of Poultney Schiavone of Shelburne Westman of Cambridge Mazur of South Burlington Scribner of Bristol Winters of Swanton Metzger of Milton Shaw of Derby Winters of Williamstown Morrissey of Bennington Sheltra of Derby Wood of Brandon Mullin of Rutland Town Smith of New Haven Wright of Burlington Myers of Essex Stevens of Essex Young of Orwell O'Donnell of Vernon Sweetser of Essex Zuckerman of Burlington Obuchowski of Rockingham Towne of Berlin Otterman of Topsham Tracy of Burlington Those who voted in the negative are: Alfano of Calais Grad of Moretown Nuovo of Middlebury Anderson of Woodstock Hall of Newport City Osman of Plainfield Aswad of Burlington Heath of Westford Paquin of Fairfax Atkins of Winooski Hooker of Rutland City Partridge of Windham Audette of South Burlington Howrigan of Fairfield Pembroke of Bennington Bohi of Hartford Hummel of Underhill Reese of Pomfret Brooks of Montpelier Jordan of Middlesex Rusten of Halifax Colvin of Bennington Keenan of St. Albans City Ryan of Waltham Connell of Warren Keogh of Burlington Seibert of Norwich Cross of Winooski Kitzmiller of Montpelier Severance of Colchester Dakin of Colchester Larson of Burlington Starr of Troy Darrow of Dummerston Lippert of Hinesburg Sweaney of Windsor Deen of Westminster Mackinnon of Sharon Symington of Jericho Donovan of Burlington Masland of Thetford Vincent of Waterbury Dostis of Waterbury Milkey of Brattleboro Vinton of Colchester Doyle of Richmond Miller of Shaftsbury Webster of Brattleboro Emmons of Springfield Molloy of Arlington Wheeler of Burlington Fisher of Lincoln Monti of Barre City Woodward of Johnson Gervais of Enosburg Nitka of Ludlow Those members absent with leave of the House and not voting are: Barney of Highgate Larrabee of Danville Quaid of Williston Bolognani of Readsboro Pike of Mendon Randall of Bradford Darrow of Newfane Pillsbury of Brattleboro Willett of St. Albans City Haas of Rutland City Pugh of South Burlington

Rules Suspended; Bill Amended and Third Reading Ordered H. 761 On motion of Rep. Tracy of Burlington, the rules were suspended to interrupt the orders of the day and House bill, entitled An act relating to professional regulation;

JOURNAL OF THE HOUSE 272 Appearing on the Calendar for notice, was taken up for immediate consideration. Rep. Atkins of Winooski, for the committee on Government Operations, to which the bill had been referred, reported in favor of its passage. Rep. Little of Shelburne, for the committee on Ways and Means, recommended the bill be amended as follows: First: In Sec. 2, 3 V.S.A. § 129a(c), in the last sentence, by striking the words “professional regulatory fee fund established under section 124 of this title” and inserting in lieu thereof the words “general fund” Second: In Sec. 15, 26 V.S.A. § 1252, by striking subsection (d) in its entirety and inserting a new subsection (d) to read as follows: (d) Removal personnel. Any person who desires to engage in removals shall register with the board of funeral service and pay the fee established in subsection 1256(d) of this title. The applicant shall have attained the age of majority, be of good moral character, and be directly employed by a licensed funeral or crematory establishment. The board may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in infectious diseases in programs approved by the board. Registrants under this section are authorized to perform removals only, as defined by this chapter. Unregistered personnel may accompany registered personnel to assist in removals so long as they have been instructed in handling and precautionary procedures prior to the call. Third: In Sec. 23, 26 V.S.A. § 2404, by striking “section 352” and inserting in lieu thereof “sections 352 and 352a” Fourth: In Sec. 29, 26 V.S.A. § 3175a(c), by striking subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows: (2) The application fee established in subdivision 3178a(5)(A) of this title. Fifth: In Sec. 29, 26 V.S.A. § 3175a(d), by striking subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows: (2) The application fee established in subdivision 3178a(5)(A) of this title. Sixth: In Sec. 29, 26 V.S.A. § 3175a, by striking subsection (e) in its entirety and insert in lieu thereof a new subsection (e) to read as follows: (e) Instructors licensed under this section are subject to the same renewal requirements as others licensed under this chapter, and prior to renewal are 273 FRIDAY, MAY 31, 2002 required to show proof of current instructor licensure and pay the renewal fee established in subdivision 3178a(5)(B) of this title . Seventh: By adding a new Sec. 29a to read as follows: Sec. 29a. 26 V.S.A. § 3178a(5) is added to read: (5) Instructor licensure (A) Application for licensure $100.00 Thereupon, the bill was read the second time. Pending the question, Shall the House amend the bill as recommended by the committee on Ways and Means? Rep. Little of Shelburne asked and was granted leave to withdraw the recommendation of amendment offered by the committee on Ways and Means. Rep. Waite of Pawlet, for the committee on Appropriations, recommended that the bill be amended when amended as recommended by the committee on Ways and Means. Thereupon, Rep. Waite of Pawlet asked and was granted leave of the House to withdraw the report of the committee on Appropriations. Pending the question, Shall the bill be read the third time? Rep. Atkins of Winooski moved to amend the bill as follows: First: In Sec. 2, 3 V.S.A. § 129a(c), in the last sentence, by striking the words “professional regulatory fee fund established under section 124 of this title” and inserting in lieu thereof the words “general fund” Second: By adding a new Sec. 9a to read as follows: Sec. 9a. 26 V.S.A. § 805 is amended to read: § 805. LICENSING NONRESIDENTS (a) In its discretion, upon a satisfactory practical examination demonstrating his proficiency, the board may issue a license to a dentist who has been lawfully in practice in another state for at least five years, upon the payment of the required fee, if the applicant presents a certificate from the board of dental examiners or other like board of the state in which he has practiced, certifying to his competency and good moral character. (b) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a dentist who holds an unrestricted license in all jurisdictions in which the dentist is currently licensed, and who certifies to the Vermont board of dental examiners that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in

JOURNAL OF THE HOUSE 274 Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The dentist shall file with the board, on forms provided by the board, information on dental qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the licensee to practice dentistry on a voluntary basis in Vermont. Third: In Sec. 14, 26 V.S.A. § 1251, by striking the last sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: “Except as otherwise permitted by law, no person may perform a removal unless registered with the board of funeral service.”

Fourth: In Sec. 15, 26 V.S.A. § 1252, by striking subsection (d) in its entirety and inserting a new subsection (d) to read as follows: (d) Removal personnel. Any person who desires to engage in removals shall register with the board of funeral service and pay the fee established in subsection 1256(d) of this title. The applicant shall have attained the age of majority, be of good moral character, and be directly employed by a licensed funeral or crematory establishment. The board may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in infectious diseases in programs approved by the board. Registrants under this section are authorized to perform removals only, as defined by this chapter. Unregistered personnel may accompany registered personnel to assist in removals so long as they have been instructed in handling and precautionary procedures prior to the call. Fifth: By adding two new sections, Secs. 19a and 19b, to read as follows: Sec. 19a. 26 V.S.A. § 1395(c) is added to read: (c) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a physician who holds an unrestricted license in all jurisdictions where the physician is currently licensed, and who certifies to the Vermont board of medical practice that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee health care clinic in Vermont, shall be licensed by the board within 30 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. A license granted under this subsection shall authorize the licensee to practice medicine or surgery on a voluntary basis in Vermont. 275 FRIDAY, MAY 31, 2002 Sec. 19b. 26 V.S.A. § 1576(e) is added to read: (e) Notwithstanding the provisions of this section and any other provision of law, a nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, and who certifies to the Vermont board of nursing that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The nurse shall file with the board, on forms provided by the board, information on nursing qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the licensee to practice nursing on a voluntary basis in Vermont. Sixth: By striking Sec. 23 in its entirety Seventh: In Sec. 24, 26 V.S.A. § 2405, after the word “renders” by inserting the word “uncompensated” Eighth: In Sec. 29, 26 V.S.A. § 3175a(c), by striking subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows: (2) The application fee established in subdivision 3178a(5)(A) of this title. Ninth: In Sec. 29, 26 V.S.A. § 3175a(d), by striking subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows: (2) The application fee established in subdivision 3178a(5)(A) of this title. Tenth: In Sec. 29, 26 V.S.A. § 3175a, by striking subsection (e) in its entirety and insert in lieu thereof a new subsection (e) to read as follows: (e) Instructors licensed under this section are subject to the same renewal requirements as others licensed under this chapter, and prior to renewal are required to show proof of current instructor licensure and pay the renewal fee established in subdivision 3178a(5)(B) of this title . Eleventh: By adding a new Sec. 29a to read as follows: Sec. 29a. 26 V.S.A. § 3178a(5) is added to read: (5) Instructor licensure (A) Application for licensure $100.00 (B) Biennial renewal $150.00

JOURNAL OF THE HOUSE 276 Twelfth: By adding new Secs. 45-51 to read as follows: Sec. 45. 26 V.S.A. chapter 87 is added to read: CHAPTER 87. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS § 4451. DEFINITIONS As used in this chapter: (1) “Audiologist” means a person licensed to practice audiology under this chapter. (2) “Audiology” means the application of principles, methods and procedures related to hearing and the disorders of hearing, and to related language and speech disorders, which includes all conditions that impede the normal process of human communication, including disorders of auditory sensitivity, acuity, function or processing. (3) “Board” means the state board of education unless the context clearly requires otherwise. (4) “Department” means the department of education. (5) “Director” means the director of the office of professional regulation. (6) “Disciplinary action” means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant for licensure under this chapter, premised on a finding that the person has engaged in unprofessional conduct. “Disciplinary action” includes all sanctions of any kind, including obtaining injunctions, refusal to give an examination, refusal to grant or renew a license, suspension or revocation of a license, placement of limitations or restrictions upon a license, issuance of warnings, ordering restitution and other similar sanctions. (7) “Hearing aid” means an amplifying device to be worn by a hearing - impaired person to improve hearing, including any accessories specifically used in connection with such a device, but excluding theater or auditorium wide-area listening devices, telephone amplifiers, or other devices designed to replace a hearing aid for restricted situations. (8) “Practice of audiology” includes: (A) facilitating the conservation of auditory system function, and developing and implementing environmental and occupational hearing conservation programs; 277 FRIDAY, MAY 31, 2002 (B) screening, identifying, assessing and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunctions; (C) providing and interpreting behavioral and electro-physiological measurements of auditory, vestibular and facial nerve functions; (D) selecting, fitting and dispensing of hearing aids, amplification, assistive listening and alerting devices, implantable devices, and other systems, and providing training in their use; (E) dispensing hearing aids, including conducting and interpreting hearing tests for the purpose of selecting suitable hearing aids; (F) making ear molds or impressions; (G) providing instruction to patients on the care and use of hearing aids, auditory system functions, and hearing conservation; (H) all acts pertaining to selling, renting, leasing, pricing, delivering and giving warranties for hearing aids; (I) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families; (J) screening of speech-language and other factors affecting communication function for the purposes of an audiologic evaluation, or initial identification of individuals with other communication disorders; and (K) management of cerumen. (9) “The practice of speech-language pathology” includes: (A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, and preventing disorders of language and speech, including disorders involving articulation, fluency, and voice; (B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function, including dysphagia and related disorders; (C) screening, identifying, assessing and interpreting, diagnosing and rehabilitating communication disorders; (D) assessing, selecting and developing augmentative and alternative communication systems, and providing training in their use; (E) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families;

JOURNAL OF THE HOUSE 278 (F) enhancing speech-language proficiency and communication effectiveness, including accent reduction; and (G) screening of hearing and other factors for the purpose of speech - language evaluation, or the initial identification of individuals with other communication disorders. (10) “Private practice” means any work performed by a licensed speech - language pathologist or audiologist that is not within the jurisdiction of the state board of education. (11) “Secretary” means the secretary of state. (12) “Speech-language pathologist” means a person licensed to practice speech-language pathology under this chapter. (13) “Speech-language pathology” means the application of principles, methods and procedures related to the development and disorders of human communication, which include any and all conditions that impede the normal process of human communication. (14) “Within the jurisdiction of the state board of education” means conduct or work performed by a licensed speech-language pathologist or audiologist on behalf of a supervisory union or public school district in Vermont or an independent school approved for special education purposes, or conduct otherwise subject to discipline under the state board of education licensing rules. § 4452. PROHIBITIONS; PENALTIES (a) No person shall: (1) practice or attempt to practice audiology or speech-language pathology or hold oneself out as being permitted to do so in this state unless the person is licensed in accordance with this chapter; (2) use in connection with the person’s name, an insignia or any letters or words which indicate the person is an audiologist or a speech-language pathologist unless the person is licensed in accordance with this chapter; or (3) practice audiology or speech-language pathology after the person’s license under this chapter has been suspended or revoked. (b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation may be imprisoned not more than 90 days or fined not more than $5,000.00, or both. § 4453. EXEMPTIONS 279 FRIDAY, MAY 31, 2002 The provisions of section 4452 of this title shall not apply to the following persons: (1) A person enrolled in a course of study leading to a degree or certificate in audiology or speech-language pathology at a school accredited by the American Speech-Language Hearing Association, provided: (A) the activities and services performed constitute part of a supervised course of study; (B) the person is designated by a title which clearly indicates the person’s student or trainee status; and (C) the person is under the direct supervision of an audiologist or speech-language pathologist licensed in this state. (2) A hearing aid dispenser performing services within the scope of a license under chapter 67 of this title. § 4454. CONSTRUCTION (a) This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation which is regulated by this state from performing services within the scope of his or her professional practice. (b) This chapter shall not be construed to limit the authority of the state board of education to determine and evaluate the qualifications of, issue licenses to, or discipline licensees who are within the jurisdiction of the state board of education or the Vermont standards board for professional educators. § 4455. ADVISOR APPOINTEES (a) The secretary, in consultation with the commissioner of education, shall appoint two individuals to serve as advisors in matters related to audiology and speech-language pathology. One advisor shall be a licensed speech-language pathologist, and one advisor shall be an audiologist. Advisors who are speech-language pathologists or audiologists shall have not less than three years’ experience as audiologists or speech-language pathologists immediately preceding appointment, and shall be actively engaged in the practice of audiology or speech-language pathology in Vermont during incumbency. The advisors shall be appointed for staggered terms of three years, and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than a three-year term. (b) The secretary shall seek the advice of the individuals appointed under this section in matters related to qualifications or alleged misconduct not within the jurisdiction of the state board of education. The advisors shall be

JOURNAL OF THE HOUSE 280 entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for meetings called by the director. (c) The secretary may seek the advice of other audiologists and speech - language pathologists licensed under this chapter. § 4456. COMMISSIONER OF EDUCATION; DUTIES (a) The commissioner of education shall administer the application and renewal process for all licensees under this chapter, and shall: (1) provide information to applicants for licensure under this chapter; (2) administer fees collected under this chapter; (3) explain appeal procedures to licensees and applicants, and explain complaint procedures to the public; (4) explain sanctions, including license revocation and suspension, which may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate; (5) receive applications for licensure, grant licensure under this chapter, renew licenses and deny, revoke, suspend, reinstate or condition licenses as directed by the administrative law officer; (6) refer all complaints and disciplinary matters not within the jurisdiction of the state board of education to the secretary of state; (7) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter; (8) prepare and maintain a registry of licensed speech-language pathologists and audiologists; and (9) issue to each person licensed a certificate of licensure which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed audiologist or speech-language pathologist, subject to the conditions and limitations of this chapter. (b) The department may contract with the secretary for provision of adjudicative services of one or more administrative law officers and other investigative, legal and administrative services related to licensure and discipline of speech-language pathologists and audiologists. § 4457. LICENSURE; APPLICATIONS; ELIGIBILITY Applicants for licenses under this chapter shall submit an application to the department on a form furnished by the department, along with payment of the 281 FRIDAY, MAY 31, 2002 specified fee and evidence of the eligibility qualifications established by the state board of education which shall include, at a minimum: (1) A master’s degree or equivalent in audiology or speech-language pathology from an educational institution approved by the department with course work completed in areas specified by rule. (2) Completion of a supervised clinical practicum, the length and content of which shall be established by rule. (3) Completion of a period, as determined by rule, of postgraduate professional training as approved by the department. (4) Passing an examination in audiology or speech-language pathology approved by the department, which, in the case of the audiology examination, shall include a section which is equivalent to the hearing aid dispensers examination described in section 3295 of this title. Audiologists who have passed an examination chosen by the department are not required to take the hearing aid dispensers examination required by section 3295. § 4458. RENEWALS; CONTINUING EDUCATION (a) A license shall be renewed at an interval determined by the state board of education which shall be no fewer than every two years and no more than every seven years upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the department or the Vermont standards board for professional educators, during the interval. The board shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter. (b) At the time interval required for renewal, the department shall forward a renewal form to each licensee. Upon receipt of the completed application and the renewal fee, the department shall issue a new license. § 4459. FEES (a) Each applicant and licensee shall be subject to the following fees: (1) Initial processing of application $35.00 (2) Issuance of initial license $35.00 per year for the term of the license (3) Renewal of license $35.00 per year for the term of the renewal (4) Replacement of license $10.00

JOURNAL OF THE HOUSE 282 (5) Duplicate license $3.00 (b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of Title 32, and shall be available to the department to offset the costs of providing those services. § 4460. RECORDS AND EQUIPMENT (a) A licensee in private practice shall maintain records relating to goods and services provided by the licensee, and, upon request, shall make such records available to the director for review. A licensee shall maintain records required to be kept under this section for a period of at least seven years from the date the goods or services were provided. (b) A licensee shall make testing equipment available for periodic inspection by the director or the director’s designee, and shall have all testing equipment calibrated annually by the manufacturer or a qualified testing service in accordance with the American National Standards Institute specifications. (c) The secretary shall adopt rules implementing the provisions of this section. § 4461. PRICES TO BE DISCLOSED A licensee in private practice shall disclose in a clear and conspicuous manner the range of prices charged for goods and services. The disclosure schedule shall be posted in each licensee’s office, and a written copy given to each client prior to any sale. Disclosures shall be in the manner set forth by the department, by rule. § 4462. TERMS OF SALE; 45-DAY TRIAL PERIOD (a) All sales contracts for equipment sold by licensees in private practice to persons in this state, including, but not limited to, hearing aids and augmentative communications devices, shall contain a clause which requires the licensee to refund the full product price of the equipment, except for the cost of ear molds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment or aid if, in the opinion of the consumer, the equipment or aid is not satisfactory. If the returned equipment or aid is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage. The equipment or aid may not be sold thereafter as new. For purposes of this subsection, “cost of service” means the actual cost of the service provided to fit 283 FRIDAY, MAY 31, 2002 the hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater. (b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold and such other information as the director may require, shall be disclosed, in writing, to the consumer before the sale is completed. (c) If the equipment or hearing aid is in the possession of the licensee, manufacturer, repair person or their agents during the trial period, the period of time the equipment or hearing aid is in such possession shall not be included in the calculation of the 45-day trial period. § 4463. MAINTENANCE OF BUSINESS ADDRESS; DISPLAY OF LICENSE A licensee in private practice shall maintain a Vermont business address, office and telephone number at which the licensee can normally be reached, and shall conspicuously display a copy of the license at each place of business the licensee maintains. § 4464. UNPROFESSIONAL CONDUCT (a) A licensee or applicant shall not engage in unprofessional conduct. (b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3: (1) Willfully making or filing false reports or records in the practice of audiology, dispensing hearing aids or speech-language pathology, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper report or record; (2) Aiding or abetting a person, directly or indirectly, to commit an unauthorized practice; (3) Giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee; (4) Advertising or making a representation which is intended or has a tendency to deceive the public, including: (A) advertising a particular type of service, equipment or hearing aid when the particular service, equipment or hearing aid is not available; (B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment;

JOURNAL OF THE HOUSE 284 (C) advertising or making any statement related to the practice of speech-language pathology or audiology which is intended to or tends to deceive or mislead the public; (D) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation; (5) Engaging in any unfair or deceptive act or practice within the meaning of section 2453 of Title 9, relating to consumer fraud; (6) Willfully failing to honor any representation, promise, agreement or warranty to a client or consumer; (7) Professional negligence or malpractice; (8) Any of the following, except when reasonably undertaken in an emergency situation in order to protect life or health: (A) practicing or offering to practice beyond the scope permitted by law; (B) accepting and performing professional or occupational responsibilities which the licensee knows or has reason to know the licensee is not competent to perform; or (C) performing professional or occupational services which have not been authorized by the consumer or his or her legal representative; (9) Failing to make available, upon request of a person using the licensee’s services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting persons; (10) Sexual harassment of a patient or client; (11) Engaging in a sexual act as defined in section 3251 of Title 13 with a patient; (12) Conviction of a crime related to the practice of audiology or speech-language pathology; (13) Discouraging clients or consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law; 285 FRIDAY, MAY 31, 2002 (14) Failing to inform a consumer prior to sale of a hearing aid that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer’s best health interest; (15) Engaging in fraud in connection with any state or federally-assisted medical assistance programs; or (16) Violating any part of the Code of Ethics of the American Speech - Language Hearing Association. Sec. 46. TRANSITIONAL PROVISIONS (a) The department shall waive the education, practicum or professional training requirement set forth in section 4457 of Title 26 for applicants in private practice who meet the following conditions: (1) Provision of proof of employment as an audiologist or speech - language pathologist in this state on the effective date of this act. (2) Passage of the examination. (3) Application for a license under chapter 87 of Title 26 within one year after the effective date of this act. (b) Waivers under subsection (a) of this section shall expire five years after the effective date of this act. (c) Notwithstanding the provisions of section 4455 of Title 26, requiring that the speech-language pathologist and audiologist advisor appointees be licensed under chapter 87 of Title 26, initial appointees shall be qualified for licensure under subdivisions 4457(1), (2) and (3) of Title 26, and shall become licensed during incumbency. (d) Speech-language pathologists and audiologists within the jurisdiction of the board on the effective date of this act shall meet the licensure renewal requirements of the board. Sec. 47. 26 V.S.A. § 3291(c) is added to read: (c) Audiologists licensed pursuant to chapter 87 of this title may dispense hearing aids consistent with the requirements of that chapter. Licensed audiologists are not required to obtain a separate license to dispense hearing aids. Sec. 48. 26 V.S.A. § 3102(b) is amended to read: (b) The following laws are subject to review: * * * (28) Chapter 67 of Title 26 on hearing aid dispensers.;

JOURNAL OF THE HOUSE 286 (29) Chapter 79 of Title 26 on tattooists.; (30) Chapter 81 of Title 26 on naturopathic physicians.; (31) Chapter 83 of Title 26 on athletic trainers; (32) Chapter 87 of Title 26 on audiologists and speech-language pathologists. Sec. 49. 3 V.S.A. § 122(41) is added to read: (41) Audiologists and speech-language pathologists. Sec. 50. 16 V.S.A. § 164(5) is amended to read: (5) Make regulations governing the licensing and qualification of all public school teachers, administrators, speech-language pathologists and audiologists as provided in chapter 87 of Title 26, and other school personnel who are subject to licensing as determined by the state board, and for the recognition of teacher or administrator licenses issued by other states which will qualify a person to teach or administer in this state, provided such other state shall recognize by substantially reciprocal regulations or laws, licenses issued by this state. A license may be revoked for cause by the state board. Sec. 51. EFFECTIVE DATES; APPLICATION (a) This act shall take effect on July 1, 2002, except that the provisions of section 4452 of Title 26 (prohibitions and penalties for unauthorized practice and use of title for speech-language pathologists and audiologists) shall take effect from passage. (b) No license shall be issued under sections 45-50 of this act prior to July 1, 2003. Pending the question, Shall the House amend the bill as recommended by Rep. Atkins of Winooski? Rep. Hingtgen of Burlington moved to amend the recommendation of amendment offered by Rep. Atkins of Winooski, as follows: By striking Sec. 24 in its entirety and inserting in lieu thereof a new Sec. 24 to read as follows: Sec. 24. 26 V.S.A. § 2405 is added to read: § 2405. IMMUNITY FROM LIABILITY FOR GOOD SAMARITAN ACTS (a) For purposes of this section, an “emergency” shall include a fire, flood, storm or other natural disaster, hazardous chemical or substance incident, vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life. 287 FRIDAY, MAY 31, 2002 (b) A veterinarian licensed by the board or any other person who, in good faith, provides care and treatment to an animal during an emergency shall not be held liable for civil damages by the owner of the animal, unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration. (c) Nothing contained in this section shall alter existing law with respect to tort liability of a practitioner of veterinary medicine for acts committed in the ordinary course of his or her practice. Rep. LaBarge of Grand Isle in Chair. Which was agreed to. Pending the question, Shall the House amend the bill as recommended by Rep. Atkins of Winooski, as amended? Rep. Cross of Winooski moved to amend the recommendation of amendment offered by Rep. Atkins of Winooski, as amended, as follows: First: By striking Sec. 51 in its entirety and inserting in lieu thereof a new Sec. 51 to read as follows: Sec. 51. EFFECTIVE DATES; APPLICATION (a) This act shall take effect on July 1, 2002, except that the provisions of section 4452 of Title 26 (prohibitions and penalties for unauthorized practice and use of title for speech-language pathologists and audiologists) shall take effect from passage and sections 45-50 of this act shall take effect on July 1, 2003. (b) No license shall be issued under sections 45-50 of this act prior to July 1, 2004. Second: By adding new Sec. 51a to read as follows: Sec. 51a. COMMISSIONER OF EDUCATION; REPORT The commissioner of the department of education shall study and evaluate the potential impacts which licensing speech-language pathologists and audiologists as proposed in this act may have on schools. The commissioner shall file a report of this evaluation with the General Assembly by January 15, 2003. Which was agreed to. Thereupon, the question, Shall the House amend the bill as recommended by Rep. Atkins of Winooski, as amended? was decided in the affirmative. Pending the question, Shall the bill be read the third time? Rep. Larocque of Barnet moved to amend the bill as follows:

JOURNAL OF THE HOUSE 288 By adding a new Sec. 32a to read as follows: Sec. 32a. REPEAL 26 V.S.A. § 3283a (physician evaluation requirement for hearing aid dispensers) is repealed in its entirety. Which was agreed to. Pending the question, Shall the bill be read the third time? Rep. Atkins of Winooski moved to amend the bill as follows: In Sec. 31, by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall license instructors of such training courses, and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs. An approved firearms training program shall be for a minimum of 80 hours, shall include a written assessment, marksmanship skills assessment and decision-making assessment, and shall cover the following subjects: (1) firearms liability; (2) use of force continuum policies; (3) deadly force application and policies; (4) case law reviews; (5) handgun safety, including storage at home and office; (6) handgun maintenance; (7) handgun marksmanship skill; and (8) instructional leadership skills. Which was disagreed to. Pending the question, Shall the bill be read the third time? Rep. Waite of Pawlet moved to amend the bill as follows: In Sec. 31, 26 V.S.A. § 3175a, by adding a new subsection (f) to read as follows: (f) Hunter safety instructors shall be exempt from the licensure requirements of this section for the purpose of hunter safety instruction. Which was agreed to. Pending the question, Shall the bill be read the third time? Rep. Voyer of Morristown moved to amend the bill as follows: 289 FRIDAY, MAY 31, 2002 First: In Sec. 9, 26 V.S.A. § 533(a)(1), by striking “is in possession of good moral character,” Second: In Sec. 15, 26 V.S.A. § 1252(a), by striking the second complete sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: “The applicant shall have attained the age of majority, be a citizen of the United States, a resident of the state of Vermont and be of good moral character and hold a high school or general educational development diploma or its equivalent.” Third: In Sec. 15, 26 V.S.A. § 1252(d), line 17, by striking “, be of good moral character,” Fourth: By striking Sec. 16 in its entirety and inserting in lieu thereof a new Sec. 16 to read as follows: Sec. 16. 26 V.S.A. § 1254 is amended to read: § 1254. ISSUANCE OR DENIAL OF LICENSE If, upon examination, it is found that the applicant is of a good moral character and possessed of possesses sufficient skill and knowledge of the business, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director or crematory establishment, and shall register license him or her as a duly licensed funeral director. All applications shall be granted or denied within ninety 90 days from the making thereof. Pending the question, Shall the House amend the bill as recommended by Rep. Voyer of Morristown? Rep. Webster of Randolph demanded the Yeas and Nays, which demand was sustained by the Constitutional number. Speaker Freed of Dorset back in Chair. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Voyer of Morristown? was decided in the affirmative. Yeas, 81. Nays, 53.

Those who voted in the affirmative are: Adams of Hartland Atkins of Winooski Cleland of Northfield Alfano of Calais Audette of South Burlington Connell of Warren Allard of St. Albans Town Baker of West Rutland Crawford of Burke Amidon of Charlotte Bohi of Hartford Darrow of Dummerston Angell of Randolph Bolduc of Barton Davis of Cavendish Aswad of Burlington Bostic of St. Johnsbury Deen of Westminster

JOURNAL OF THE HOUSE 290 DePoy of Rutland City Larose of Richford Pembroke of Bennington Donovan of Burlington Larson of Burlington Pugh of South Burlington Dostis of Waterbury Lippert of Hinesburg Reese of Pomfret Doyle of Richmond Livingston of Manchester Rogers of Castleton Driscoll of Burlington Mackinnon of Sharon Ryan of Waltham Emmons of Springfield Marron of Stowe Scribner of Bristol Endres of Milton Masland of Thetford Seibert of Norwich Fisher of Lincoln Mazur of South Burlington Severance of Colchester Grad of Moretown Metzger of Milton Sweaney of Windsor Gray of Barre Town Milkey of Brattleboro Symington of Jericho Heath of Westford Miller of Shaftsbury Tracy of Burlington Hooker of Rutland City Molloy of Arlington Vincent of Waterbury Houston of Ferrisburgh Monti of Barre City Vinton of Colchester Hummel of Underhill Myers of Essex Voyer of Morristown Johnson of Canaan Nitka of Ludlow Waite of Pawlet Jordan of Middlesex Nuovo of Middlebury Webster of Brattleboro Kainen of Hartford O'Donnell of Vernon Westman of Cambridge Kiss of Burlington Obuchowski of Rockingham Wheeler of Burlington Kitzmiller of Montpelier Osman of Plainfield Woodward of Johnson LaBarge of Grand Isle Palmer of Pownal Wright of Burlington Larocque of Barnet Partridge of Windham Zuckerman of Burlington

Those who voted in the negative are: Allaire of Rutland City Hube of Londonderry Randall of Bradford Anderson of Woodstock Hudson of Lyndon Rosenquist of Georgia Bourdeau of Hyde Park Kennedy of Chelsea Rusten of Halifax Brooks of Montpelier Keogh of Burlington Schaefer of Colchester Brown of Walden Ketchum of Bethel Schiavone of Shelburne Carey of Chester Kilmartin of Newport City Shaw of Derby Clark of St. Johnsbury Kirker of Essex Sheltra of Derby Colvin of Bennington Koch of Barre Town Smith of New Haven Crowley of West Rutland Krawczyk of Bennington Starr of Troy Dakin of Colchester LaVoie of Swanton Stevens of Essex Duffy of Rutland City Little of Shelburne Sweetser of Essex Flory of Pittsford Mann of Leicester Towne of Berlin Follett of Springfield Maslack of Poultney Valliere of Barre City George of Middlebury Morrissey of Bennington Webster of Randolph Goodridge of Albany Mullin of Rutland Town Winters of Swanton Hall of Newport City Otterman of Topsham Winters of Williamstown Helm of Castleton Paquin of Fairfax Wood of Brandon Howrigan of Fairfield Peaslee of Guildhall Those members absent with leave of the House and not voting are: Barney of Highgate Haas of Rutland City Pillsbury of Brattleboro Bolognani of Readsboro Hingtgen of Burlington Quaid of Williston Cross of Winooski Keenan of St. Albans City Weeks of Wallingford Darrow of Newfane Larrabee of Danville Willett of St. Albans City Gervais of Enosburg Pike of Mendon Young of Orwell 291 FRIDAY, MAY 31, 2002

Pending the question, Shall the bill be read the third time? Reps. DePoy of Rutland City, Crowley of West Rutland, Duffy of Rutland City, Hall of Newport City, Kennedy of Chelsea, Kilmartin of Newport City, Kirker of Essex, Schiavone of Shelburne, Scribner of Bristol, Sheltra of Derby, Webster of Randolph and Willett of St. Albans City moved that the bill be amended by adding a new section, Sec. 42a, to read as follows: * * * Tattooing and Body Piercing * * * Sec. 42a. 26 V.S.A. § 4102(c) is amended to read: (c) A tattooist An operator shall not tattoo or perform body piercing on a minor without the written consent, and in the presence, of the parent or guardian of the minor. The parent or guardian shall verify to the operator that he or she is the custodial parent or guardian of the minor. Pending the question, Shall the House amend the bill as recommended by Rep. DePoy of Rutland City, et al? Rep. Atkins of Winooski raised a Point of Order alleging that the pending amendment would substantially negate an amendment previously adopted by the House in H. 501 and therefore in violation of House rule 61, which Point of Order the Speaker ruled was not well taken as the pending amendment was substantially different from the amendment in H. 501. Rep. LaBarge of Grand Isle in Chair. Pending the question, Shall the House amend the bill as recommended by Rep. DePoy of Rutland City, et al? Rep. Doyle of Richmond raised a Point of Order alleging that the pending amendment is not germane to the bill, which Point of Order the Speaker ruled not well taken. Pending the question, Shall the House amend the bill as recommended by Rep. DePoy of Rutland City, et al? Rep. Hall of Newport City 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. DePoy of Rutland City, et al? was decided in the negative. Yeas, 32. Nays, 99. Those who voted in the affirmative are: Adams of Hartland Flory of Pittsford Maslack of Poultney Allaire of Rutland City Goodridge of Albany Metzger of Milton Allard of St. Albans Town Hall of Newport City Mullin of Rutland Town Darrow of Dummerston Howrigan of Fairfield O'Donnell of Vernon DePoy of Rutland City Kilmartin of Newport City Otterman of Topsham Duffy of Rutland City Kirker of Essex Peaslee of Guildhall Endres of Milton Larose of Richford Randall of Bradford

JOURNAL OF THE HOUSE 292 Rosenquist of Georgia Starr of Troy Winters of Williamstown Scribner of Bristol Stevens of Essex Wood of Brandon Shaw of Derby Webster of Randolph Wright of Burlington Sheltra of Derby Winters of Swanton Those who voted in the negative are: Alfano of Calais Heath of Westford Morrissey of Bennington Amidon of Charlotte Helm of Castleton Myers of Essex Anderson of Woodstock Hooker of Rutland City Nitka of Ludlow Angell of Randolph Houston of Ferrisburgh Nuovo of Middlebury Aswad of Burlington Hube of Londonderry Obuchowski of Rockingham Atkins of Winooski Hudson of Lyndon Osman of Plainfield Audette of South Burlington Hummel of Underhill Palmer of Pownal Baker of West Rutland Johnson of Canaan Paquin of Fairfax Bohi of Hartford Jordan of Middlesex Partridge of Windham Bostic of St. Johnsbury Kainen of Hartford Pembroke of Bennington Bourdeau of Hyde Park Keenan of St. Albans City Pugh of South Burlington Brooks of Montpelier Kennedy of Chelsea Reese of Pomfret Brown of Walden Keogh of Burlington Rogers of Castleton Clark of St. Johnsbury Ketchum of Bethel Rusten of Halifax Cleland of Northfield Kiss of Burlington Ryan of Waltham Colvin of Bennington Kitzmiller of Montpelier Schaefer of Colchester Connell of Warren Koch of Barre Town Schiavone of Shelburne Crawford of Burke Krawczyk of Bennington Seibert of Norwich Crowley of West Rutland Larocque of Barnet Severance of Colchester Dakin of Colchester Larson of Burlington Smith of New Haven Darrow of Newfane LaVoie of Swanton Sweaney of Windsor Davis of Cavendish Lippert of Hinesburg Sweetser of Essex Deen of Westminster Little of Shelburne Towne of Berlin Donovan of Burlington Livingston of Manchester Tracy of Burlington Dostis of Waterbury Mackinnon of Sharon Valliere of Barre City Doyle of Richmond Mann of Leicester Vincent of Waterbury Driscoll of Burlington Marron of Stowe Vinton of Colchester Emmons of Springfield Masland of Thetford Waite of Pawlet Fisher of Lincoln Mazur of South Burlington Webster of Brattleboro Follett of Springfield Milkey of Brattleboro Wheeler of Burlington George of Middlebury Miller of Shaftsbury Woodward of Johnson Grad of Moretown Molloy of Arlington Young of Orwell Gray of Barre Town Monti of Barre City Zuckerman of Burlington

Those members absent with leave of the House and not voting are: Barney of Highgate Gervais of Enosburg Quaid of Williston Bolduc of Barton Haas of Rutland City Symington of Jericho Bolognani of Readsboro Hingtgen of Burlington Voyer of Morristown Carey of Chester Larrabee of Danville Weeks of Wallingford Cross of Winooski Pike of Mendon Westman of Cambridge Freed of Dorset Pillsbury of Brattleboro Willett of St. Albans City 293 FRIDAY, MAY 31, 2002 Rep. Bourdeau of Hyde Park explained her vote as follows: “Mr. Speaker: While I support this amendment, I voted against it to save H. 501 which has been over 1 year and three committees of conference in the making.” Rep. Koch of Barre Town explained his vote as follows: “Mr. Speaker: I wholeheartedly support this amendment, but in view of the fact that its adoption would probably kill a good bill, I have to vote “no”.” Thereupon, third reading was ordered. Recess At five o’clock and forty-five minutes in the afternoon, the Speaker declared a recess until seven o’clock in the evening. Evening At seven o’clock and fifteen minutes in the evening, 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: Mr. 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. 8. An act relating to benefits for the survivors of firefighters. And has concurred therein. The Senate has considered a bill originating in the House of the following title: H. 61. An act relating to the operation of snowmobiles. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon Senate bill of the following title: S. 222. An act relating to improving restitution procedures. And has accepted and adopted the same on its part.

JOURNAL OF THE HOUSE 294 The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles: H. 501. An act relating to professional regulations. H. 568. An act relating to claims against municipal officers. H. 753. An act relating to income and estate taxes. H. 767. An act relating to executive branch fees. And has accepted and adopted the same on its part. The Senate has considered the report of the Second Committee of Conference upon the disagreeing votes of the two Houses upon House bill of the following title: H. 679. An act relating to aggravated cruelty to animals. And has accepted and adopted the same on its part. Pursuant to the request contained therein for a Third Committee of Conference, the President has appointed as members of such Third Committee on the part of the Senate: Senator Lyons Senator Campbell Senator Illuzzi The Senate has on its part adopted joint concurrent resolutions originating in the House of the following titles: J.C.R.H. 35. Joint concurrent House resolution congratulating the Johnson Woolen Mills on the occasion of the company’s 160th anniversary. J.C.R.H. 36. Joint concurrent House resolution congratulating Windsor State Street School teachers Linda Parker and Marie Carmichael on winning Presidential Awards for Excellence in Mathematics and Science Teaching. J.C.R.H. 37. Joint concurrent House resolution congratulating KG Lyford on her retirement as executive director of the Northfield Senior Center. J.C.R.H. 38. Joint concurrent House resolution congratulating the City of Rutland Public Schools’ music department on its role in Rutland City’s listing as one of the 2002 Best 100 Communities for Music Education in America. J.C.R.H. 39. Joint concurrent House resolution congratulating Allan D. Gilmour on designation as Chief Financial Officer of the Ford Motor Company. 295 FRIDAY, MAY 31, 2002 J.C.R.H. 40. Joint concurrent House resolution congratulating Glenn L. Olson on designation as the 2001-2002 Vermont Athletic Director of the Year. J.C.R.H. 41. Joint concurrent House resolution congratulating Joshua Tabor of Boy Scout Troop #113 in Clarendon upon becoming an Eagle Scout. J.C.R.H. 42. Joint concurrent House resolution in memory of Rodney T. Gallipo, Sr. J.C.R.H. 43. Joint concurrent House resolution congratulating Wild Apple Graphics, Ltd. Of Woodstock on being named the recipient of the 2002 Deane C. Davis Award for Outstanding Vermont Business of the year. J.C.R.H. 44. Joint concurrent House resolution honoring the Vermont Sportswriters and Sportscasters Association’s Athletes of the Month. J.C.R.H. 45. Joint concurrent House resolution congratulating the outstanding athletic coaches at Rutland High School. J.C.R.H. 46. Joint concurrent House resolution congratulating Brattleboro Police Department Detective, Sergeant Joseph W. Pineau on his retirement. J.C.R.H. 47. Joint concurrent House resolution congratulating Jonathon D. Yarnall on his retirement from the Vergennes Union High School Faculty. J.C.R.H. 48. Joint concurrent House resolution congratulating Sharah Ploof and Violet Smith on being named Miss Vermont National Teen-Agers in their respective age division. J.C.R.H. 49. Joint concurrent House resolution congratulating Rachel Phelps on winning First Place Honors for grade nine in the 10th annual University of Vermont Honors Writing Competition. J.C.R.H. 50. Joint concurrent House resolution congratulating the South Burlington High School Speech team on winning the 2002 State Forensics Tournament. J.C.R.H. 51. Joint concurrent House resolution congratulating the students and teachers at the Albert D. Lawton School who created the project “Freedom Quilt.” And has adopted the same in concurrence. Third Reading; Bill Passed in Concurrence With Proposals of Amendment S. 138 Senate bill, entitled An act relating to standards for labeling of electricity for resale;

JOURNAL OF THE HOUSE 296 Was taken up and pending third reading of the bill, Rep Johnson of Canaan moved the House propose to the Senate to amend the bill as follows: By adding a new section to be Sec. 5, to read as follows: Sec. 5. 30 V.S.A. § 219a is amended to read: § 219a. SELF-GENERATION AND NET METERING (a) As used in this section: (1) “Customer” means a retail electric consumer who uses a net metering system. (2) “Net metering” means measuring the difference between the electricity supplied to a customer and the electricity fed back by a net metering system during the customer’s billing period: (A) using a single, nondemand meter or such other meter that would otherwise be applicable to the customer’s usage but for the use of net metering; or (B) on farm systems, using multiple meters as specified in this chapter . The calculation will be made by converting all meters to a nondemand, nontime-of-day meter, and equalizing them to the tariffed kilowatt - hour rate. (3) “Net metering system” means a facility for generation of electricity that: (A) is of no more than 15 kilowatts (AC) capacity, or is a farm system; (B) operates in parallel with facilities of the electric distribution system; (C) is intended primarily to offset part or all of the customer’s own electricity requirements; (D) is located on the customer’s premises; and (E) employs a renewable energy source and utilizes a photovoltaic array, wind turbine or, fuel cell, biomass gasification and farm electrical generating technology, or is a farm system. (4) “Farm system” means a facility of no more than 125 150 kilowatts (AC) capacity that generates electric energy on a farm operated by a person principally engaged in the business of farming, as that term is defined in Regulation 1.175-3 of the Internal Revenue Code of 1986, from the anaerobic digestion of agricultural waste produced by farming, and which is located on a 297 FRIDAY, MAY 31, 2002 farm products, byproducts or wastes, or other renewable sources as defined in subdivision (3)(E) of this subsection, intended to offset the meters designated under subdivision (g)(1)(A) of this section on the farm. (b) A customer shall pay the same rates, fees or other payments and be subject to the same conditions and requirements as all other purchasers from the electric company in the same rate-class, except as provided for in this section, and except for appropriate and necessary conditions approved by the board for the safety and reliability of the electric distribution system. (c) By March 1, 1999 the The board shall establish by rule or order standards and procedures governing application for, and issuance or revocation of a certificate of public good for net metering systems under the provisions of section 248 of this title. A net metering system shall be deemed to promote the public good of the state if it is in compliance with the criteria of this section, and board rules or orders. In developing such rules or orders, the board: (1) may waive the requirements of section 248 of this title that are not applicable to net metering systems, including, but not limited to, criteria that are generally applicable to public service companies as defined in this title; (2) may modify notice and hearing requirements of this title as it deems appropriate; (3) shall seek to simplify the application and review process as appropriate; and (4) shall find that such rules are consistent with state power plans. (d) An applicant for a certificate of public good for a net metering system shall be exempt from the requirements of section subsection 202(f) of this title. Any certificate issued under this section shall be automatically transferred to any subsequent owner of the property served by the net metering system, provided, in accordance with rules adopted by the board, the board and the electric company are notified of the transfer, and the subsequent owner agrees to comply with the terms and conditions of the certificate. (e) Consistent with the other provisions of this title, electric energy measurement for net metering systems using a single nondemand meter that are not farm systems shall be calculated in the following manner: (1) The electric company which serves the net metering customer shall measure the net electricity produced or consumed during the customer’s billing period, in accordance with normal metering practices. (2) If the electricity supplied by the electric company exceeds the electricity generated by the customer and fed back to the electric distribution

JOURNAL OF THE HOUSE 298 system during the billing period, then the customer shall be billed for the net electricity supplied by the electric company, in accordance with normal metering practices. (3) If electricity generated by the customer exceeds the electricity supplied by the electric company: (A) The customer shall be billed for the appropriate charges for that month, in accordance with subsection (b) of this section; and (B) The customer shall be credited for the excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on the bill for the following billing period.; and (C) At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year shall revert to the electric company, without any compensation to the customer. (4) For net metering systems using time of day, demand or other types of metering, the board shall specify the manner of measurement and the application of bill credits for the electric energy produced or consumed in a manner substantially similar to that specified in this subsection for use with a single nondemand meter. (f) Consistent with the other provisions of this title, electric energy measurement for net metering farm systems shall be calculated in the following manner: (1) Net metering customers that are farm systems may credit on-site generation against all meters designated to the farm system under subdivision (g)(1)(A) of this section; (2) Electric energy measurement for farm systems shall be calculated by subtracting total usage of all meters included in the farm system from total generation by the farm system. If the electricity generated by the farm system is less than the total usage of all meters included in the farm system during the billing period, the farm system shall be credited for any accumulated kilowatt - hour credit and then billed for the net electricity supplied by the electric company, in accordance with the procedures in subsection (g) of this section. (3) If electricity generated by the farm system exceeds the electricity supplied by the electric company: (A) The farm system shall be billed for the appropriate charges for each meter for that month, in accordance with subsection (b) of this section. 299 FRIDAY, MAY 31, 2002 (B) Excess kilowatt-hours generated during the billing period shall be added to the accumulated balance with this kilowatt-hour credit appearing on the bill for the following billing period. (C) Any accumulated kilowatt-hour credits shall be used within 12 months or shall revert to the electric company without any compensation to the farm system. (g)(1) In addition to any other requirements of section 248 of this title and this section and board rules thereunder, before a net metering farm system including more than one meter may be formed and served by an electric company, the proposed net metering farm system shall file with the board, with copies to the department and the serving electric company, the following information: (A) the meters to be included in the farm system, which shall be associated with the farm buildings and residences owned or occupied by the person operating the farm system, the person’s family or farm employees, identified by account number and location; (B) a method for adding and removing meters included in the farm system; (C) a designated person responsible for all communications from the farm system to the serving electric company, for receiving and paying bills for any service provided by the serving electric company for the farm system, and for receiving any other communications regarding the farm system net metering; and (D) a binding process for the resolution of any disputes within the farm system relating to net metering that does not rely on the serving electric company, the board or the department. (2) The farm system shall, at all times, maintain a written designation to the serving electric company of a person who shall be the sole person authorized to receive and pay bills for any service provided by the serving electric company, and for receiving any other communications regarding the farm system or net metering. (3) The serving utility shall implement appropriate changes to the farm system net metering within 30 days after receiving written notification from the designated person. However, written notification of a change in the person designated under subdivision (2) of this subsection shall be effective upon receipt by the serving utility. The serving utility shall not be liable for action based on such notification, but shall make any necessary corrections and bill adjustments to implement revised notifications.

JOURNAL OF THE HOUSE 300 (4) Pursuant to subsection 231(a) of this title, after such notice and opportunity for hearing as the board may require, the board may revoke a certificate of public good issued to a farm system. (h)(1) An electric company: (1)(A) Shall make net metering available to any customer using a net metering system or farm system on a first-come, first-served basis until the cumulative generating capacity of net metering systems equals 1.0 percent of the distribution company's peak demand during 1996. An electric company may interconnect additional net metering systems above this capacity if found by the board to be in the public interest; or the peak demand during the most recent full calendar year, whichever is less; provided, however, an electric company and a farm system may jointly petition the board to exceed this capacity. In determining whether to exceed the cap, the board shall consider the following: (i) the costs and benefits of net metering systems already connected to the system; and (ii) the potential costs and benefits of exceeding the cap, including potential short and long-term impacts on rates, distribution system costs and benefits, reliability and diversification costs and benefits; (2)(B) Shall allow net metering systems to be interconnected using a kilowatt-hour meter capable of registering the flow of electricity in two directions or such other comparably equipped meter that would otherwise be applicable to the customer’s usage but for the use of net metering; (3)(C) May, at its own expense, and with the written consent of the customer, install one or more additional meters to monitor the flow of electricity in each direction; and (4)(D) Shall charge the customer a minimum monthly fee that is the same as other customers of the electric distribution company in the same rate class, but shall not charge the customer any additional standby, capacity, interconnection, or other fee or charge; (E) May charge reasonable fees for interconnection, establishment, special meter reading, accounting, account correcting and account maintenance of farm system net metering arrangements; (F) May charge, if the capacity of the distribution system is insufficient for the designed generation, subject to determination by the board, a reasonable fee to cover the cost of electric company improvements necessary to distribute power; 301 FRIDAY, MAY 31, 2002 (G) May require that all meters included within a farm system be read on the same billing cycle; (H) May book and defer, with carrying costs, additional incremental costs, to the extent that such costs are not recovered through charges, authorized in subdivisions (D), (E) and (F) of this subdivision (1), directly related to implementing farm system net metering; (I) Shall receive from a farm system, which is designed to produce less energy than the total annual load of the meters identified in subdivision (g) (1)(A) of this section, any tradeable renewable credits for which the farm system is eligible. All other farm systems shall retain any tradeable renewable credits for which the farm is eligible; (2) All such requirements shall be pursuant to and governed by a tariff approved by the board and any applicable board rule, which tariffs and rules shall be designed in a manner reasonably likely to facilitate net metering. (g)(i)(1) A net metering system using photovoltaic generation shall conform to applicable electrical safety, power quality, and interconnection requirements established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories. The customer shall be responsible for installation, testing, accuracy, and maintenance of net metering equipment. (2) By March 1, 1999, the board shall adopt, by rule or order, electrical safety, power quality, and interconnection requirements for net metering equipment which uses generation technologies other than photovoltaic technology. In developing safety rules, and any amendments to those rules, the board shall solicit input from representatives of utilities and agents representing line workers. (3) The board may adopt, by rule or order, additional safety, power quality, and interconnection requirements for customers that the board determines are necessary to protect public safety and system reliability. (4) Pending the effective date of requirements adopted by the board under subsection (c) of this section and subdivision (2) of this subsection, an electric company may allow a customer to interconnect a net metering system, to be operated as provided in this section, if the company is reasonably satisfied concerning the safety and power quality of the system. The customer may then operate the net metering system pending application for and receipt of a certificate of public good under subsection (c) of this section, provided such application shall be made within three months after the effective date of requirements adopted by the board under subsection (c).

JOURNAL OF THE HOUSE 302 (5) An electric company may, at its own expense, and upon reasonable written notice to the customer, perform such testing and inspection of a net metering system in order to confirm that the system conforms to applicable electrical safety, power quality, and interconnection requirements. (h)(j) Notwithstanding the provisions of this section that define a net metering system as being of no more than 15 kilowatts (AC) capacity, the board may allow net metering for up to five ten systems per year for customers that produce more than 15 kilowatts (AC) capacity, but do not produce more than 100 150 kilowatts of power and do not use methane gas are not farm systems. (k) Notwithstanding the provisions of subsections (f) and (g) of this section, an electric company may contract to purchase all or a portion of the output products from a farm system, provided: (1) the farm system obtains a certificate of public good under the terms of subsections (c) and (d) of this section; (2) any contracted power shall be subject to the limitations set forth in subdivision (h)(1) of this section; (3) any contract shall be subject to interconnection and metering requirements in subdivisions (h)(1)(C) and (i)(2) and (3) of this section; (4) any contract may permit all or a portion of the tradeable renewable energy credits for which the farm system is eligible to be transferred to the electric company. Pending the question, Rep. Hummel of Underhill raised a Point of Order that the amendment was not germane to the bill, which Point of Order the Speaker ruled not well taken in that the scope of the bill was substantially expanded when the House agreed to the proposal of amendment of the committee on Commerce which included provisions to affect the cost of electricity. Thereupon, the proposal of amendment offered by Rep. Johnson of Canaan was agreed to. Pending third reading of the bill, Reps. Milkey of Brattleboro, Bostic of St. Johnsbury, Colvin of Bennington, Dakin of Colchester, Dostis of Waterbury, Little of Shelburne, Rosenquist of Georgia, Webster of Brattleboro, and Young of Orwell moved the House propose to the Senate to amend the bill by adding a new section, to be Sec. 5, to read as follows: Sec. 5. 32 V.S.A. § 9741(46) is amended to read: (46) Tangible personal property to be incorporated into: 303 FRIDAY, MAY 31, 2002 (A) a net metering system as defined in 30 V.S.A. § 219a; (B) a home or business energy system on a premises not connected to the electric distribution system of a utility regulated under Title 30 and that otherwise meets the requirements of 30 V.S.A. § 219a(a)(7)(A), (C), (D), and (E); or (C) a hot water heating system that converts solar energy into thermal energy used to heat water, but limited to that property directly necessary for and used to capture, convert, or store solar energy for this purpose. Which was agreed to. Thereupon, the bill was read a third time and passed in concurrence with proposals of amendment. Rules Suspended; Report of Committee of Conference Adopted H. 31 On motion of Rep. Tracy of Burlington, the rules were suspended and House bill, entitled An act relating to prescription drug cost containment and affordable access; 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 upon the bill, respectfully reports that it has met and considered the same and recommend that the House accede to the Senate proposal of amendment and that the bill be further amended as follows: First: In Sec. 1, in § 1998(a), by striking subdivision (4) and renumbering the remaining subdivisions to be numerically correct, in Sec. 1, in § 1998(f), by striking subdivision (4) and renumbering the remaining subdivisions to be numerically correct, in Sec. 1, in § 1999(e), by striking subdivision (7), and in Sec. 1, by striking § 2004. Second: In Sec. 1, in § 1998(a), by inserting the following: (6) Alternative pricing mechanisms, including consideration of using maximum allowable cost pricing for generic and other prescription drugs. (7) Alternative coverage terms, including consideration of providing coverage of over-the-counter drugs where cost-effective in comparison to

JOURNAL OF THE HOUSE 304 prescription drugs, and authorizing coverage of dosages capable of permitting the consumer to split each pill if cost-effective and medically appropriate for the consumer. and by renumbering the remaining subdivision to be numerically correct Third: In Sec. 1, in § 1998, by striking subsection (b) and inserting in lieu thereof the following: (b) The commissioner shall implement the pharmacy best practices and cost control program for Medicaid and all other state public assistance program health benefit plans to the extent permitted by federal law. Fourth: In Sec. 1, in § 1998(c), by inserting the following: (7) The commissioner, the commissioner of personnel, the commissioner of banking, insurance, securities and health care administration, and the secretary of human services shall establish a collaborative process with the Vermont Medical Society, pharmacists, health insurers, consumers, employer organizations and other health benefit plan sponsors, the Northeast Legislative Association on Prescription Drug Pricing, pharmaceutical manufacturer organizations, and other interested parties designed to consider and make recommendations to reduce the cost of prescription drugs for all Vermonters. Fifth: In Sec. 1, in § 1998(d), by adding a second, third and fourth sentence to read: "The commissioner shall supervise the implementation and operation of the pharmacy best practices and cost control program, including developing and maintaining the preferred drug list, to carry out the provisions of the subchapter. The commissioner may include such insured or self-insured health benefit plans as agree to use the preferred drug list or otherwise participate in the provisions of this subchapter. The purpose of this subchapter is to reduce the cost of providing prescription drugs while maintaining high quality in prescription drug therapies." Sixth: In Sec. 1, in § 1998(f)(5), by striking the following: “newly- approved” and inserting in lieu thereof the following: “newly approved” Seventh: In Sec. 1, in § 1999, by striking subsection (a) and inserting in lieu thereof the following: (a)(1) The pharmacy best practices and cost control program shall authorize pharmacy benefit coverage when a patient’s health care provider prescribes a prescription drug not on the preferred drug list, or a prescription drug which is 305 FRIDAY, MAY 31, 2002 not the list’s preferred choice, if either of the circumstances set forth in subdivision (2) or (3) of this subsection applies. (2)(A) The program shall authorize coverage under the same terms as coverage for preferred choice drugs if the prescriber determines, after consultation with the pharmacist, or with the participating health benefit plan if required by the terms of the plan, that: (i) the preferred choice has not been effective, or with reasonable certainty is not expected to be effective, in treating the patient’s condition; or (ii) the preferred choice causes or is reasonably expected to cause adverse or harmful reactions in the patient. (B) The prescriber’s determination concerning whether the standards established in this subdivision (2) have been demonstrated shall be final. (3) The program shall authorize coverage if the patient agrees to pay any additional cost in excess of the benefits provided by the patient’s health benefit plan which is participating in the program. The provisions of this subdivision (3) shall not apply to the extent that they may be inconsistent with any federal Medicaid laws and regulations. The provisions of this subdivision (3) shall not affect implementation by a participating health benefit plan of tiered copayments or other similar cost sharing systems. Eighth: In Sec. 1, in § 1999, by striking subsection (d) and inserting in lieu thereof the following: (d) The program’s prior authorization process shall not apply to prescription drugs prescribed for the treatment of severe and persistent mental illness including schizophrenia, severe depression, or bipolar disorder. Ninth: In Sec. 1, in § 1999(e), by striking subdivision (5) and inserting in lieu thereof the following: (5) In emergency circumstances, or if the response to a request for prior authorization is not provided within the time period established in subdivision (4) of this subsection, a 72-hour supply of the drug prescribed shall be deemed to be authorized by the program or the participating health benefit plan, provided it is a prescription drug approved by the Food and Drug Administration, and provided, for drugs dispensed to a Medicaid beneficiary, it is subject to a rebate agreement with the Centers for Medicare and Medicaid Services. Tenth: In Sec. 1, in § 2002, by striking subsection (b) and inserting in lieu thereof the following:

JOURNAL OF THE HOUSE 306 (b) The commissioner shall negotiate supplemental rebates, price discounts, and other mechanisms to reduce net prescription drug costs by means of any negotiation strategy which the commissioner determines will result in the maximum economic benefit to the program and to consumers in this state, while maintaining access to high quality prescription drug therapies. The provisions of this subsection do not authorize agreements with pharmaceutical manufacturers whereby financial support for medical services covered by the Medicaid program is accepted as consideration for placement of one or more prescription drugs on the preferred drug list. The January 1, 2003 report of the commissioner pursuant to subsection 2001(d) of this title shall include a cost-benefit analysis of alternative negotiation strategies, including the strategy used by the State of Florida to secure supplemental rebates, the strategy used by the State of Michigan to secure supplemental rebates, and any other alternative negotiation strategy that might secure lower net prescription drug costs. c) The commissioner and the department shall prohibit the public disclosure of information revealing company-identifiable trade secrets (including rebate and supplemental rebate amounts, and manufacturer’s pricing) obtained by the department, and by any officer, employee or contractor of the department in the course of negotiations conducted pursuant to this section. Such confidential information shall be exempt from public disclosure under subchapter 3 of Chapter 5 of Title 1, Vermont Statutes Annotated (open records law). Eleventh: In Sec. 1, in § 2003, by striking subsection (b) and inserting in lieu thereof the following: (b) The pharmacy discount plan authorized by this section shall include a program implemented as a Section 1115 Medicaid waiver, wherein the state makes a payment toward the cost of the drugs dispensed to individuals enrolled in this program of at least two percent of the cost of each prescription or refill, consistent with the appropriation for the program established by this section. Twelfth: In Sec. 1, by striking § 2005 and inserting in lieu thereof the following: § 2005. PHARMACEUTICAL MARKETERS (a)(1) Annually on or before January 1 of each year, every pharmaceutical manufacturing company shall disclose to the Vermont board of pharmacy the value, nature and purpose of any gift, fee, payment, subsidy or other economic benefit provided in connection with detailing, promotional or other marketing activities by the company, directly or through its pharmaceutical marketers, to any physician, hospital, nursing home, pharmacist, health benefit plan 307 FRIDAY, MAY 31, 2002 administrator or any other person in Vermont authorized to prescribe, dispense, or purchase prescription drugs in this state. Disclosure shall be made on a form and in a manner prescribed by the board. Initial disclosure shall be made on or before January 1, 2004 for the 12 month period ending June 30, 2003. The board shall provide to the office of the attorney general complete access to the information required to be disclosed under this subsection. The office of the attorney general shall report annually on the disclosures made under this section to the general assembly and the governor on or before March 1. (2) Each company subject to the provisions of this section shall also disclose to the board, on or before October 1, 2002 and annually thereafter, the name and address of the individual responsible for the company’s compliance with the provisions of this section. (3) The Vermont board of pharmacy and the office of the attorney general shall keep confidential all trade secret information, as defined by subdivision 317(b)(9) of Title 1. The disclosure form prescribed by the board shall permit the company to identify any information that is a trade secret. (4) The following shall be exempt from disclosure: (A) free samples of prescription drugs intended to be distributed to patients; (B) the payment of reasonable compensation and reimbursement of expenses in connection with bona fide clinical trials. As used in this subdivision, “clinical trial” means an approved clinical trial conducted in connection with a research study designed to answer specific questions about vaccines, new therapies or new ways of using known treatments; (C) any gift, fee, payment, subsidy or other economic benefit the value of which is less than $25.00; and (D) scholarship or other support for medical students, residents and fellows to attend a significant educational, scientific or policy-making conference of a national, regional, or specialty medical or other professional association if the recipient of the scholarship or other support is selected by the association. (b) The attorney general may bring an action in Washington superior court for injunctive relief, costs, and attorneys fees, and to impose on a pharmaceutical manufacturing company that fails to disclose as required by subsection (a) of this section a civil penalty of no more than $10,000.00 per violation. Each unlawful failure to disclose shall constitute a separate violation. (c) As used in this section:

JOURNAL OF THE HOUSE 308 (1) “Pharmaceutical marketer” means a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in pharmaceutical detailing, promotional activities, or other marketing of prescription drugs in this state to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe, dispense, or purchase prescription drugs . The term does not include a wholesale drug distributor or the distributor’s representative who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug. (2) “Pharmaceutical manufacturing company” means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drugs, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of prescription drugs. The term does not include a wholesale drug distributor or pharmacist licensed under chapter 36 of Title 26. Thirteenth: By striking Sec. 2 and inserting in lieu thereof the following: Sec. 2. SECTION 1115 WAIVER FOR PHARMACEUTICAL PROGRAMS (a) The commissioner shall request a Section 1115 waiver or waiver amendment in order to maximize federal financial participation in Vermont’s state pharmaceutical assistance programs, and in order to preserve Vermonters’ continued access to such programs, unless the commissioner determines that such waiver or waiver amendment will not provide a financial benefit to the state of Vermont over the long term. The commissioner shall report to the health access oversight committee if she determines not to apply for such a waiver, or if she determines to apply for a waiver that is not consistent with the principles established in subsection (b) of this section in whole or in part. (b) The waiver request shall conform to the following principles unless deviation is necessary to conduct successful negotiations with the Centers for Medicare and Medicaid Services: (1) The waiver request shall propose a financially sustainable program designed to provide access to medically necessary prescription drugs for low income, elderly and disabled Vermonters. (2) The waiver request shall propose to include all beneficiaries enrolled in the VScript-Expanded program (175 to 225 percent of the federal poverty level) in the Medicaid waiver population group. 309 FRIDAY, MAY 31, 2002 (3) The waiver request shall consolidate and streamline program administration of and eligibility for Vermont’s pharmaceutical assistance programs. (4) The benefit plan and cost sharing provisions shall be designed to provide financial assistance and benefits based on the beneficiary’s household income. Sec. 2a. APPLICATION OF PREFERRED DRUG LIST TO NURSING HOME PATIENTS During fiscal year 2003, the preferred drug list of the department of prevention, assistance, transition and health access shall not apply to Medicaid coverage of prescriptions for beneficiaries residing in a nursing home, including the Vermont Veterans Home until the department proposes and the health access oversight committee approves a plan to notify and educate nursing home patients, their prescribers, and their pharmacy concerning the preferred drug list and the prior authorization process, and to ensure that Medicaid is securing the best price for cover drugs prescribed for nursing home residents. The department shall propose a plan to the committee by July 1, 2002. Fourteenth: By adding a new section to read: Sec. 2b. 26 V.S.A. § 2032(c)(5) is added to read: (c) The board of pharmacy shall also have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness, and disease: * * * (4) The issuance of certificates of registration and licenses of drug outlets; (5) The development of criteria for a standardized tamper-resistant prescription pad that can be used by all health care providers who prescribe drugs. Such criteria shall be developed in consultation with pharmacists, hospitals, nursing homes, physicians and other prescribers, and other affected parties. Fifteenth: By striking Sec. 3 Sixteenth: By striking Sec. 5 and inserting in lieu thereof the following: Sec. 5. EFFECTIVE DATE This act shall take effect on passage, except that:

JOURNAL OF THE HOUSE 310 (1) Sec. 1, 33 V.S.A. § 1999 (consumer protection rules), shall take effect 60 days after passage; and (2) Sec. 1, 33 V.S.A. § 1999(d) (prior authorization and drugs used to treat mental illness) shall be repealed on July 1, 2004. Seventeenth: In Sec. 6, in subsection (a), by striking the first sentence and inserting in lieu thereof the following: “Vermont's health care policies shall promote outcomes based assessment and treatment through the development of a statewide quality assurance system and an effective quality improvement process that integrates best practices research, functional status assessment, patient satisfaction measurements and cost containment goals.” Peter Shumlin Nancy Chard John Bloomer Committee on the part of the Senate Thomas F. Koch Kevin J. Mullin Patricia O’Donnell Committee on the part of the House Which was considered and adopted on the part of the House. Rules Suspended; Report of Committee of Conference Adopted S. 298 On motion of Rep. Doyle of Richmond, the rules were suspended and Senate bill, entitled An act relating to crimes and procedures involving terrorism; 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 upon the bill respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment, and that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following: 311 FRIDAY, MAY 31, 2002 Sec. 1. SHORT TITLE This act shall be known as, and may be cited as, the Vermont Public Safety Act of 2002. Sec. 2. STATEMENT OF PURPOSE (a) The events of September 11, 2001 require the State of Vermont to have the legal means to respond to acts of terrorism against its citizens. Although such attacks remain unlikely, Vermont should have the ability to protect the public health and safety of its citizens in state courts under state law in the event that terrorist acts occur here. Vermont will be best able to work with other states and the federal government to efficiently and effectively prosecute these crimes if a statutory scheme is in place criminalizing certain acts of terrorism. A Vermont law will achieve this goal by providing a necessary complement to state and federal laws in the fight against terrorism, and by better protecting all citizens from terrorist acts. (b) It is not the intent of the General Assembly, however, that this bill in any way infringe on our constitutionally-guaranteed rights, such as the freedoms of speech, religion, assembly and association. Sacrificing these hard-won rights in the name of fighting terrorism would play into the hands of terrorists by compromising the very values we seek to defend. (c) The Vermont Public Safety Act of 2002 is, therefore, intended to provide the state with tools to protect it and its citizens against terrorism, to allow Vermont to cooperate with other states and the federal government to prevent acts of terrorism, and to achieve these goals without infringing upon the constitutional and civil rights which make both our nation and our state so worth defending. Sec. 3. 13 V.S.A. chapter 76 is added to read: CHAPTER 76. WEAPONS OF MASS DESTRUCTION § 3501. DEFINITIONS (a) As used in this chapter: (1) “Chemical warfare agents” means: (A) Any weaponized toxic or poisonous chemical, including the following agents or any analog of the following agents: (i) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD), GF, and VX. (ii) Choking agents, including Phosgene (CG) and Diphosgene (DP).

JOURNAL OF THE HOUSE 312 (iii) Blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA). (iv) Blister agents, including mustards (H, HD (sulfur mustard), HN - 1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite (L), urticants, such as CX, and incapacitating agents, such as BZ. (B) A dangerous chemical or hazardous material generally utilized in an industrial or commercial process when a person knowingly and intentionally utilizes the material with the intent to cause harm, and the use places persons at risk of serious bodily injury or death, or endangers the environment. (2) “Health care provider” means a person, partnership, corporation, facility or institution, licensed, certified or authorized, by law, to provide professional health care service in this state to an individual during that individual’s medical care, treatment or confinement. (3) “Hoax weapon” means any substance, compound, or other item intended to convey the physical appearance or chemical properties of a weapon of mass destruction or asserted to contain a weapon of mass destruction, which is not a weapon of mass destruction or does not contain a weapon of mass destruction. (4) “Law enforcement agency” means: (A) A federal law enforcement agency, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, Military Police or Military Criminal Investigative Division, United States Marshals Service, Secret Service, Federal Emergency Management Agency, or the Department of Defense Threat Reduction Agency. (B) One of the following Vermont law enforcement agencies: (i) The department of public safety. (ii) A municipal police department. (iii) A sheriff’s department. (iv) The attorney general’s office. (v) A state’s attorney’s office. (vi) The capitol police department. (5) “Nuclear or radiological agents” means any improvised nuclear device (IND) which is any explosive device designed to cause a nuclear yield, any radiological dispersal device (RDD) which is any explosive device utilized 313 FRIDAY, MAY 31, 2002 to spread radioactive material, or a simple radiological dispersal device (SRDD) which is any container designed to release radiological material as a weapon without an explosion. (6) “Vector” means a living organism or a molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host. (7) “Weapon of mass destruction ” means a chemical warfare agent, weaponized biological or biologic warfare agent, nuclear agent, or radiological agent. (8) “Weaponization” means the deliberate processing, preparation, packaging, or synthesis of any substance or agent for use as a weapon or munition. “Weaponized agents” means those agents or substances that have been prepared for dissemination through any explosive, thermal, pneumatic, mechanical or other means. (9) “Weaponized biological or biologic warfare agents” means: (A) weaponized pathogens, including bacteria, viruses, rickettsia, yeasts, or fungi; (B) genetically-engineered pathogens; (C) weaponized toxins; (D) weaponized vectors; and (E) weaponized endogenous biological regulators (EBRs). (b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, or commercial purposes is not proscribed by this chapter. § 3502. POSSESSION AND USE OF WEAPONS OF MASS DESTRUCTION (a) A person who knowingly and without lawful authority possesses, develops, manufactures, produces, transfers, acquires, or stockpiles any weapon of mass destruction shall be imprisoned not more than 20 years or fined not more than $100,000.00, or both. (b) A person who uses or directly employs against other persons a weapon of mass destruction in a form that may cause disabling illness or injury in human beings shall be imprisoned not less than 20 years nor more than life and fined not more than $250,000.00.

JOURNAL OF THE HOUSE 314 (c) A person who uses a weapon of mass destruction in a form that may cause widespread damage to or disruption of water or food supplies shall be imprisoned not less than five years nor more than 30 years and fined not more than $250,000.00. (d) A person who uses a weapon of mass destruction against livestock or crops with the intent to cause widespread and substantial damage to livestock or crops shall be imprisoned not more than 30 years and fined not more than $250,000.00. (e) A person who uses a weapon of mass destruction in a form that may cause widespread and significant damage to public or private property shall be imprisoned not more than 30 years and fined not more than $250,000.00. (f) A person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for the purpose of creating a weapon of mass destruction shall be imprisoned not more than 20 years or fined not more than $250,000.00, or both. (g) A person who knowingly and intentionally places a hoax weapon in any public place, building, house, residence, facility of public transport, vehicular conveyance, train, ship, boat, aircraft, dam or reservoir for storing water, shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (h) No university, research institution, private company, individual, or hospital engaged in scientific or public health research and, as required, registered with the Centers for Disease Control and Prevention (CDC) pursuant to part 113 (commencing with Section 113.1) of subchapter E of chapter 1 of Title 9 or pursuant to Part 72 (commencing with Section 72.1) of Subchapter E of Chapter 1 of Title 42 of the Code of Federal Regulations, or any successor provisions, shall be subject to this section. (i) Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws. § 3503. THREATS (a) No person shall communicate a threat to use a weapon of mass destruction, knowing that the threat is likely to cause: (1) evacuation of a building, place of assembly, or facility of public transport; or (2) a person to fear serious bodily injury. (b) A person who violates this section shall: 315 FRIDAY, MAY 31, 2002 (1) For a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both. (2) For a second or subsequent offense, be imprisoned for not more than five years or fined not more than $10,000.00, or both. (c) It shall not be a defense to a prosecution under this section that the defendant did not have the capability or means of committing the specified offense or that the threat was not made to a person who was a subject thereof. The foregoing shall not impair a defendant’s right to assert a defense based upon insanity or diminished capacity. (d) Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws. § 3504. REPORTING ILLNESSES, DISEASES, INJURIES AND DEATHS ASSOCIATED WITH WEAPONS OF MASS DESTRUCTION (a)(1) Illness, disease, injury or death. A health care provider shall report all cases of persons who exhibit any illness, disease, injury or death identified by the department of health as likely to be caused by a weapon of mass destruction, which may include illnesses, diseases, injuries or deaths which: (A) can result from bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human fatalities or incidents of permanent or long-term disability; or (B) may be caused by the biological agents listed in 42 C.F.R. Part 72, Appendix A. (2) This section does not authorize, nor shall it be interpreted to authorize, unreasonable searches and seizures by public health care employees; nor does this section authorize performance of diagnostic tests or procedures for the specific purpose of incriminating patients, unless the patient consents to such specific tests or procedures after notice of his or her constitutional rights and knowing waiver of them. (3) Health care providers who make good faith reports to the department of health under this section shall be immune from prosecution, suit, administrative or regulatory sanctions for defamation, breach of confidentiality or privacy, or any other cause of action based on such reports or errors contained in such reports. (b) Pharmacists. A pharmacist shall report any unusual or increased prescription requests, unusual types of prescriptions, or unusual trends in

JOURNAL OF THE HOUSE 316 pharmacy visits that may result from bioterrorist acts, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to: (1) an unusual increase in the number of prescriptions to treat fever, respiratory or gastrointestinal complaints; (2) an unusual increase in the number of prescriptions for antibiotics; (3) an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory or gastrointestinal complaints; and (4) any prescription that treats a disease that is relatively uncommon and may be the result of bioterrorism. (c)(1) Manner of reporting. A report made pursuant to subsection (a) or (b) of this section shall be made in writing within 24 hours to the commissioner of health, or designee. (2) The report shall include as much of the following information as is available: (A) The patient’s name, date of birth, sex, race and current address (including city and county). (B) The name and address of the health care provider, and of the reporting individual, if different. (C) Any other information as determined by the commissioner of health. (3) The department of health shall establish a form, which may be filed electronically, for use in filing the reports required by this subsection. (d)(1) Animal diseases. Every veterinarian, livestock owner, veterinary diagnostic laboratory director or other person having the care of animals, shall report animals having or suspected of having any disease that can result from bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human and animal fatalities or incidents of permanent or long-term disability. (2) A report made pursuant to this subsection shall be made, in writing, within 24 hours to the commissioner of health or designee, and shall include as much of the following information as is available: the location or suspected 317 FRIDAY, MAY 31, 2002 location of the animal, the name and address of any known owner, and the name and address of the reporting individual. (e) Laboratories. For purposes of this section only, the term “health care provider” shall also include out-of-state medical laboratories that have agreed to the reporting requirements of this state. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out - of - state laboratory is also responsible for reporting results. (f) Enforcement. The department of health may enforce the provisions of this section in accordance with chapters 3 and 11 of Title 18. (g) Disclosure. Information collected pursuant to this section and in support of investigations and studies undertaken by the commissioner in response to reports made pursuant to this section shall be privileged and confidential. This subsection shall not apply to the disclosure of information to a law enforcement agency for a legitimate law enforcement purpose. (h) Rulemaking. The commissioner of health shall, after consultation with the commissioner of public safety, adopt rules to implement this section. The rules adopted pursuant to this subsection shall include methods to ensure timely communication from the department of health to the department of public safety. Sec. 4. REPORT The administration shall, after studying the issue collaboratively with the attorney general, the department of state’s attorneys, the defender general, the department of health, health care professionals and the American Civil Liberties Union of Vermont, report to the senate and house committees on judiciary on or before December 1, 2002 on whether there is a need for additional legislation in Vermont to address threats to public safety posed by terrorism. Harvey Otterman Duncan Kilmartin Sylvia Kennedy Committee on the part of the House Richard Sears John Bloomer John Campbell Committee on the part of the Senate Which was considered and adopted on the part of the House. Rules Suspended; Bill Amended, Read Third Time and Passed

JOURNAL OF THE HOUSE 318 H. 761 On motion of Rep. Doyle of Richmond, the rules were suspended and the bill placed on all remaining stages of passage on House bill, entitled An act relating to professional regulations; Pending third reading of the bill, Reps. Palmer of Pownal and Doyle of Richmond moved to amend the bill as follows: Sec. 44a. 21 V.S.A. § 144(a) is amended to read: § 144. ELEVATOR SAFETY REVIEW BOARD; MEMBERS; DUTIES (a) The elevator safety review board is established within the department, and shall consist of six members, one of whom shall be the commissioner or the commissioner’s designee, and four members to be appointed by the governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; and an individual who actually installs, maintains and repairs conveyances; a person who is disabled or represents people with a disability; and a representative of a manufacturer of accessibility lifts. The members appointed by the governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010. Sec. 44b. 21 V.S.A. §141(10) is added to read: (10) “Lift mechanic” means an individual who is licensed by the commissioner to erect, construct, install, alter, service, repair and maintain platform lifts and stairway chairlifts. Sec. 44c. 21 V.S.A. §145 is amended to read: § 145. ELEVATOR MECHANIC LICENSE AND LIFT MECHANIC LICENSE An individual shall submit to the commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the board that the applicant meets the qualifications established by the board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license. Sec. 44d. 21 V.S.A. § 143 is amended to read: 319 FRIDAY, MAY 31, 2002 § 143. LICENSE REQUIRED No person shall erect, construct, wire, alter, replace or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator mechanic, except that a person who is licensed as a lift mechanic may erect, construct, wire, alter, replace or maintain any platform lift or stairway chairlift in any public building. Sec. 44e. 21 V.S.A. § 148(c)(3) is added to read: (3) Lift mechanic license: $50.00. Sec. 44f. 26 V.S.A. § 908(b) is amended to read: (b) All journeyman and master electricians shall, as a condition of license renewal, complete 15 hours of instruction, approved by the board, on the national electrical code during the preceding 36-month period. All holders of a type-S journeyman license shall, as a condition of renewal, complete eight hours of instruction, approved by the board, on the subject of the license holder’s specialty during the preceding 36 months. Which was agreed to. Thereupon, the bill was read the third time and passed. 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. 66 House resolution supporting increased state and federal coordination of Vermont’s farming and wetland policies Offered by: Committee on Agriculture Whereas, farming and wetlands are each equally critical to the preservation of Vermont’s natural heritage, landscape, environment and economy, and Whereas, in the last 30 years, the percentage of Vermont’s land used for farming has decreased by more than 30 percent, and Whereas, farming practices now require greater percentages of cropland be devoted to haylage, silage and nutrient management, and the practices and amount of land so dedicated can be expected to vary over time, and Whereas, farmers are improving nutrient management techniques, increasing buffer areas for sensitive habitat, wetlands and streams, and implementing management practices to avoid animal damage to the environment, and

JOURNAL OF THE HOUSE 320 Whereas, managing crops for maximum animal nutrient value requires well- drained soils and regularly-shaped fields to support efficient harvesting equipment, and Whereas, timely harvesting of crops maximizes the feed value of forages, reducing reliance on supplemental feed brought in from outside Vermont, and Whereas, by importing animal feed from other regions, there is a corresponding reduction in farm phosphorus recycling and an increase in phosphorus loads on farms, and Whereas, bottomlands are often the most fertile and manageable lands for crops, and are often unsuitable for other forms of development due to soil percolation rates and flooding, and Whereas, Vermont wetland laws require maintenance of wetland functions and values, in significant wetlands which often exist on, or in close proximity to farmland, and Whereas, there are separate, and at times conflicting, state and federal regulations concerning the conversion of wetlands to cropland, and this creates confusion among the regulated community, and Whereas, farmland which is ditched and tiled for drainage, but not significantly altered in topography, may revert to wetland conditions over time if the hydrology is restored, and Whereas, farming in some wet areas on farms is practical, necessary for the survival of the farm, and may be performed in a manner which protects Vermont’s wetlands, streams and other natural resources, and Whereas, crop rotation is necessary to reduce soil erosion and nutrient runoff, now therefore be it Resolved by the House of Representatives: That the House of Representatives supports, the conversion of wet, seasonally-saturated areas, such as pastures, meadows and woodland, on farms which have been in production as of the last half of the 20th century (“wet areas on farms”) without requirements for mitigation or compensation if the land reverts to its wetland condition when no longer used for agriculture, and be it further Resolved: That the House of Representatives supports the protection of significant wetlands by ensuring ongoing protection and preservation of wetlands, such as swamps, bogs, cedar swamps, forested wetlands and vernal pools, and other wetlands necessary to protect valuable wetland functions and values, to avoid impacts to these areas wherever feasible, and to require 321 FRIDAY, MAY 31, 2002 mitigation and compensation for the diminution of natural land functions and related aesthetic values when there is no alternative to adversely affecting them consistent with Vermont and federal wetland laws, regulations and rules, and be it further Resolved: That the House of Representatives supports the Commissioner of Agriculture, Food and Markets and the Commissioner of Environmental Conservation in their joint negotiations with the U.S. Army Corps of Engineers to obtain a general federal wetlands permit for Vermont which authorizes the limited conversion of a farm’s qualifying “wet areas” to agricultural activities, provided, the conversion entails rotating the land in and out of crop production, and only limited and replaceable wetland functions and aesthetic values be involved; and be it further Resolved: That the state shall prohibit the land from being dedicated to other forms of development or permanent wetland destruction through appropriate measures, and be it further Resolved: That the Commissioner of Agriculture, Food and Markets and the Commissioner of Environmental Conservation continue to work with Vermont’s farmers to educate them regarding the importance of conserving wetland functions and values, proper nutrient management, appropriateness of buffer areas for wetlands, rivers and streams, and to understand and participate in the permit process at the state and federal levels in order to avoid compliance problems and frustration by both the regulated and regulatory communities, and be it further Resolved: That the Commissioner of Agriculture, Food and Markets and the Commissioner of Environmental Conservation educate farmers regarding the importance of taking all feasible steps to recognize and protect wetlands and their functions, values and habitat which are located in close proximity to their active farm operations, and be it further Resolved: That the Commissioner of Environmental Conservation is strongly urged to continue to dedicate one staff member to providing user- friendly coordination and assistance to farmers, assisting them through the state and federal regulatory processes, as appropriate, and be it further Resolved: That grass and legume forages should be considered commodity crops, under federal Farm Bill programs, recognized for their nutritional value, and that flexibility be provided in land management options in order to maintain required sodbuster-swampbuster compliance, and be it further Resolved: That the Commissioner of Agriculture, Food and Markets and the Commissioner of Environmental Conservation encourage the various federal agencies with wetland management jurisdiction, including the Army

JOURNAL OF THE HOUSE 322 Corps of Engineers, the Environmental Protection Agency, the Fish and Wildlife Service, the Farm Service Agency of the United States Department of Agriculture, and the Natural Resources Conservation Service, to identify and resolve conflicts within their programs which may cause regulatory, management or financing conflicts on farms, and be it further Resolved: That the Assistant Clerk of the House be directed to send a copy of this resolution to Commissioner of Agriculture, Food and Markets Leon Graves to Commissioner of Environmental Conservation Christopher Recchia and to U.S. Secretary of Agriculture, Ann Veneman, U.S. Environmental Protection Agency Administrator, Christie Whitman, and to the Commander and Chief of Engineers of the U.S. Army Corps of Engineers, Lt. General Robert B. Flowers. 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: S. 298 Senate bill, entitled An act relating to crimes and procedures involving terrorism; S. 138 Senate bill, entitled An act relating to standards for labeling of electricity for resale;

H. 761 House bill, entitled An act relating to professional regulation. Adjournment At eight o’clock and forty minutes in the evening, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon. Joint Concurrent Resolution Adopted The following Joint concurrent resolution, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, is hereby adopted in concurrence. 323 FRIDAY, MAY 31, 2002 J.C.R.S. 11 Joint concurrent Senate resolution, entitled Joint concurrent resolution congratulating William A. "Bill" Bartlett on his retirement as executive director of the Water Resources Board. [The full text of the Joint concurrent resolutions appeared in the House Calendar on the preceding legislative day and will appear in the volume of the Public Acts and Resolves to be published for this adjourned session of the sixty-sixth adjourned session.]

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