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Journal of the House ______WEDNESDAY, FEBRUARY 6, 2002 At one o'clock in the afternoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Reverend Steven Garvey, First Congregational Church, Essex Message from the Senate No. 17 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 on its part passed Senate bill of the following title: S. 275. An act relating to allowing pedestrian recreational activities on the state owned parcel of the so-called Champion lands. In the passage of which the concurrence of the House is requested. The Senate has on its part adopted a joint resolution of the following title: J.R.S. 105. Joint resolution congratulating the Northfield Rotary, of Northfield, Vermont, on the occasion of its 75th anniversary. In the adoption of which the concurrence of the House is requested. Joint Resolutions Placed on Calendar The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52. J.R.H. 197 Joint resolution congratulating Vermont Public Radio on its silver anniversary Offered by: Representatives Sweaney of Windsor, Schaefer of Colchester, Seibert of Norwich, Severance of Colchester and Vinton of Colchester

242 JOURNAL OF THE HOUSE 243 Whereas, as the State of Vermont was born in the town of Windsor, Vermont Public Radio’s (VPR) inaugural broadcast day on August 13, 1977, at 89.5 FM with the call letters WVPA (subsequently redesignated WVPR), originated in this same historic municipality from studios located in the Windsor House and a transmitting tower high atop Mt. Ascutney, and Whereas, despite the initial skepticism of public radio officials in Washington, D.C., interest in VPR rapidly increased, and the breadth of the service’s geographic coverage expanded with the addition of WVPS (107.9 FM) Burlington in 1980, WRVT (88.7 FM) Rutland in 1989, WVPA (88.5 FM) St. Johnsbury in 1999 and, most recently, WBTN (94.3 FM) Bennington also in 1999, giving VPR nearly statewide coverage, and Whereas, seeking to produce more locally-based public affairs and cultural programs, in October 1995, VPR, while maintaining a technical presence at Windsor House, moved its primary broadcast and administrative facilities to a state-of-the-art complex housed in the former veterinary hospital at Fort Ethan Allen in Colchester, and then, in the fall of 1996, VPR opened a regional studio in Norwich at the King Arthur Flour Company, and Whereas, VPR has provided tremendous on-air support of the region’s artistic community by publicizing local musical concerts and other activities, and regularly showcasing the work of Vermont artists on the VPR Artist Mug, and Whereas, over the past quarter-century, VPR has aired live Vermont Symphony Orchestra, and other classical, folk and jazz concerts, both from its studios, and remote locations across the state, including the Flynn Theater, the Barre Opera House and the University of Vermont, and Whereas, VPR has established an award-winning news department, aired live Switchboard call-in discussion programs and legislative sessions from Montpelier, and has expanded its capital presence with a new full-time VPR studio in Montpelier, and Whereas, while VPR has inaugurated innovative services, including Internet audio streaming of its signal on an ever-expanding World Wide Web site, and a highly informative international news service, called World Channel, in cooperation with St. Michael’s College’s radio station, long-time favorites, such as Peter Fox Smith’s opera broadcasts and the Eye on the Sky weather reports from the Fairbanks Museum, remain a vibrant part of the station’s schedule, and Whereas, VPR has been named as one of the top public radio stations in the country, based on listeners per capita, now therefore be it 244 WEDNESDAY, FEBRUARY 6, 2002 Resolved by the Senate and House of Representatives: That the Senate and House of Representatives are pleased to congratulate Vermont Public Radio on the occasion of its silver anniversary, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to Mark Vogelzang at Vermont Public Radio in Colchester. J.R.H. 198 Joint resolution congratulating Alice Watson on her centennial birthday Offered by: Representatives Krawczyk of Bennington, Colvin of Bennington, Morrissey of Bennington and Pembroke of Bennington, Whereas, a centennial birthday is a grand reason to celebrate, especially if much of the person’s 100-year life has been spent in the glorious Green Mountain state of Vermont, and Whereas, Alice Cook was born on a West Fairlee farm, in the midst of a harsh Vermont winter, on February 17, 1902, a sure sign of her future stamina and longevity, and Whereas, upon graduating from the Lyndon Institute, she temporarily migrated to the metropolis of Springfield, Massachusetts, and earned a business degree from the Bay Path Institute, and Whereas, Alice then accepted a teaching position in Spencer, Massachusetts where she met her future husband, LeRoy P. Watson, and they were married on September 24, 1924, and Whereas, they moved to Bennington in the early 1930s and slightly further northward to North Bennington in 1944, and Whereas, Alice was on the faculty of North Bennington High School, and Mt. Anthony Union High School, and then served as secretary of the United Methodist Church in Bennington until her 89th birthday when she opted for early retirement, and Whereas, she has served as president of the local Church Women United, and was an active member of the North Bennington Congregational Church where she directed the Sunday School, and Whereas, when not working or volunteering, she enjoys many leisure activities, including sewing, knitting, solving crossword puzzles and reading, in addition to taking trips to Maine, and Whereas, ever youthful, Alice embarked on one of her most memorable excursions at age 99 to Richmond, Virginia in order to witness her

JOURNAL OF THE HOUSE 245 granddaughter Colleen’s being awarded a master’s degree in business administration, and Whereas, she was privileged to be present twice for the arrival of Haley’s Comet, in 1910 and again in 1986, and Whereas, she is the mother of two children, Richard and Deborah, the grandmother of three grandchildren, Andrew, Colleen and Amy and the great grandmother of five great-grandchildren, Whitney, Andrew Paul, Benjamin, Alexis and Abbagail, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly extends congratulations to Alice Watson as she celebrates her very special centennial birthday, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to Alice Watson in Bennington. House Bills Introduced House bills of the following titles were severally introduced, read the first time and referred as follows: H. 740 By Rep. Colvin of Bennington, An act relating to a funding formula for the department of tourism and marketing; To the committee on Commerce. H. 741 By Reps. Marron of Stowe, Livingston of Manchester, Little of Shelburne, Mazur of South Burlington, Mullin of Rutland town, Nitka of Ludlow and Pugh of South Burlington, An act relating to Education funding; To the committee on Ways and Means. H. 742 By Reps. Woodward of Johnson, Darrow of Dummerston, DePoy of Rutland City, Hingtgen of Burlington, Hummel of Underhill, Maslack of Poultney, Obuchowski of Rockingham, Tracy of Burlington, Vinton of Colchester and Zuckerman of Burlington, An act relating to the rental of motor vehicles; 246 WEDNESDAY, FEBRUARY 6, 2002 To the committee on Commerce. Committee Relieved of Consideration and Bill Committed to Other Committee H. 380 Rep. Koch of Barre City moved that the committee on Health and Welfare be relieved of House bill, entitled An act relating to child care workforce development; And that the bill be committed to the committee on Education, which was agreed to. Resolution Called Up J.R.H. 190 Rep. Monti of Barre City called up Joint resolution, entitled Joint resolution in memory of former Barre City Mayor Wilfred “Willy” J. Fisher; Which had been ordered to lie. Thereupon, under the rule, the bill was ordered placed on the Calendar for action on the next legislative day. Bill Amended, Read Third Time and Passed; Rules Suspended; Bill Ordered Messaged to Senate Forthwith H. 646 House bill, entitled An act relating to providing adjustments in the amounts appropriated for the support of government; Was taken up and pending third reading of the bill, Rep. Young of Orwell moved to amend the bill as follows: By striking Sec. 59 and renumbering the remaining sections to be numerically correct. Which was agreed to. Pending third reading of the bill, Reps. Little of Shelburne, Amidon of Charlotte, Schiavone of Middlebury and Quaid of Williston moved to amend the bill as follows: In Sec. 53 (Reversions), on page 43, in line 5, by striking the figure “7,500” and by inserting in lieu thereof the figure “2,462”. Which was agreed to.

JOURNAL OF THE HOUSE 247 Pending third reading of the bill, Reps. Zuckerman of Burlington and Seibert of Norwich moved to amend the bill as follows: By striking Sec. 52 (Fund Transfers) in its entirety. Pending the question, Shall the House amend the bill as recommended by Reps. Zuckerman of Burlington and Seibert of Norwich? 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 Reps. Zuckerman of Burlington and Seibert of Norwich? was decided in the negative. Yeas, 28. Nays, 113. Those who voted in the affirmative are: Alfano of Calais Driscoll of Burlington Nuovo of Middlebury Aswad of Burlington Emmons of Springfield Osman of Plainfield Atkins of Winooski Grad of Moretown Partridge of Windham Bohi of Hartford Hingtgen of Burlington Seibert of Norwich Colvin of Bennington Hooker of Rutland City Starr of Troy Connell of Warren Jordan of Middlesex Sweaney of Windsor Cross of Winooski Kiss of Burlington Woodward of Johnson Darrow of Newfane Larson of Burlington Zuckerman of Burlington Darrow of Dummerston Mackinnon of Sharon Donovan of Burlington Milkey of Brattleboro Those who voted in the negative are: Adams of Hartland Duffy of Rutland City Keogh of Burlington Allaire of Rutland City Endres of Milton Ketchum of Bethel Allard of St. Albans Town Fisher of Lincoln Kilmartin of Newport City Amidon of Charlotte Flory of Pittsford Kirker of Essex Anderson of Woodstock Follett of Springfield Kitzmiller of Montpelier Angell of Randolph George of Middlebury Koch of Barre Town Audette of South Burlington Gervais of Enosburg Krawczyk of Bennington Baker of West Rutland Goodridge of Albany LaBarge of Grand Isle Barney of Highgate Gray of Barre Town Larocque of Barnet Bolognani of Readsboro Haas of Rutland City Larose of Richford Bostic of St. Johnsbury Hall of Newport City Larrabee of Danville Bourdeau of Hyde Park Heath of Westford LaVoie of Swanton Brooks of Montpelier Helm of Castleton Little of Shelburne Carey of Chester Houston of Ferrisburgh Livingston of Manchester Clark of St. Johnsbury Howrigan of Fairfield Mann of Leicester Cleland of Northfield Hube of Londonderry Marron of Stowe Crowley of West Rutland Hudson of Lyndon Maslack of Poultney Dakin of Colchester Hummel of Underhill Masland of Thetford Davis of Cavendish Johnson of Canaan Mazur of South Burlington DePoy of Rutland City Kainen of Hartford Metzger of Milton Dostis of Waterbury Keenan of St. Albans City Miller of Shaftsbury Doyle of Richmond Kennedy of Chelsea Molloy of Arlington 248 WEDNESDAY, FEBRUARY 6, 2002 Monti of Barre City Reese of Pomfret Valliere of Barre City Morrissey of Bennington Rogers of Castleton Vincent of Waterbury Mullin of Rutland Town Rosenquist of Georgia Vinton of Colchester Myers of Essex Rusten of Halifax Voyer of Morristown Nitka of Ludlow Ryan of Waltham Waite of Pawlet O'Donnell of Vernon Schaefer of Colchester Webster of Brattleboro Obuchowski of Rockingham Schiavone of Shelburne Webster of Randolph Otterman of Topsham Scribner of Bristol Westman of Cambridge Palmer of Pownal Shaw of Derby Wheeler of Burlington Paquin of Fairfax Sheltra of Derby Willett of St. Albans City Peaslee of Guildhall Smith of New Haven Winters of Swanton Pembroke of Bennington Stevens of Essex Winters of Williamstown Pike of Mendon Sweetser of Essex Wood of Brandon Pugh of South Burlington Symington of Jericho Wright of Burlington Quaid of Williston Towne of Berlin Young of Orwell Randall of Bradford Tracy of Burlington Those members absent with leave of the House and not voting are: Bolduc of Barton Deen of Westminster Severance of Colchester Brown of Walden Lippert of Hinesburg Weeks of Wallingford Crawford of Burke Pillsbury of Brattleboro

Pending third reading of the bill, Rep. Larson of Burlington, moved to amend the bill as follows: On page 9, line 21 and page 10, line 1, by striking the words “without the participation of the prisoner; while others may be held” Thereupon, Rep. Larson of Burlington asked and was granted leave of the House to withdraw his amendment. Pending third reading of the bill, Rep. Hingtgen of Burlington moved to amend the bill as follows: On page 11, line 9, by striking lines 9 and 10. Pending the question, Shall the House amend the bill as recommended by Rep. Hingtgen of Burlington? Rep. Hingtgen of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Hingtgen of Burlington? was decided in the negative. Yeas, 30. Nays, 107. Those who voted in the affirmative are: Alfano of Calais Doyle of Richmond Hummel of Underhill Bohi of Hartford Driscoll of Burlington Jordan of Middlesex Brooks of Montpelier Fisher of Lincoln Kiss of Burlington Cross of Winooski Hingtgen of Burlington Kitzmiller of Montpelier Darrow of Newfane Howrigan of Fairfield Larson of Burlington

JOURNAL OF THE HOUSE 249 Little of Shelburne Osman of Plainfield Sweaney of Windsor Mackinnon of Sharon Paquin of Fairfax Tracy of Burlington Milkey of Brattleboro Partridge of Windham Webster of Brattleboro Nuovo of Middlebury Pugh of South Burlington Wheeler of Burlington Obuchowski of Rockingham Seibert of Norwich Zuckerman of Burlington Those who voted in the negative are: Adams of Hartland Heath of Westford Otterman of Topsham Allaire of Rutland City Helm of Castleton Palmer of Pownal Amidon of Charlotte Hooker of Rutland City Peaslee of Guildhall Anderson of Woodstock Houston of Ferrisburgh Pembroke of Bennington Angell of Randolph Hube of Londonderry Pike of Mendon Atkins of Winooski Hudson of Lyndon Quaid of Williston Audette of South Burlington Johnson of Canaan Randall of Bradford Baker of West Rutland Kainen of Hartford Reese of Pomfret Barney of Highgate Keenan of St. Albans City Rogers of Castleton Bolognani of Readsboro Kennedy of Chelsea Rosenquist of Georgia Bostic of St. Johnsbury Keogh of Burlington Rusten of Halifax Bourdeau of Hyde Park Ketchum of Bethel Ryan of Waltham Carey of Chester Kilmartin of Newport City Schaefer of Colchester Clark of St. Johnsbury Kirker of Essex Schiavone of Shelburne Cleland of Northfield Koch of Barre Town Scribner of Bristol Colvin of Bennington Krawczyk of Bennington Shaw of Derby Connell of Warren LaBarge of Grand Isle Sheltra of Derby Crowley of West Rutland Larocque of Barnet Smith of New Haven Dakin of Colchester Larose of Richford Starr of Troy Darrow of Dummerston Larrabee of Danville Stevens of Essex Davis of Cavendish LaVoie of Swanton Sweetser of Essex DePoy of Rutland City Livingston of Manchester Towne of Berlin Donovan of Burlington Mann of Leicester Valliere of Barre City Dostis of Waterbury Marron of Stowe Vincent of Waterbury Duffy of Rutland City Maslack of Poultney Vinton of Colchester Emmons of Springfield Masland of Thetford Voyer of Morristown Endres of Milton Mazur of South Burlington Waite of Pawlet Flory of Pittsford Metzger of Milton Webster of Randolph Follett of Springfield Miller of Shaftsbury Westman of Cambridge George of Middlebury Molloy of Arlington Willett of St. Albans City Gervais of Enosburg Monti of Barre City Winters of Swanton Goodridge of Albany Morrissey of Bennington Winters of Williamstown Grad of Moretown Mullin of Rutland Town Wood of Brandon Gray of Barre Town Myers of Essex Wright of Burlington Haas of Rutland City Nitka of Ludlow Young of Orwell Hall of Newport City O'Donnell of Vernon Those members absent with leave of the House and not voting are: Allard of St. Albans Town Crawford of Burke Severance of Colchester Aswad of Burlington Deen of Westminster Symington of Jericho Bolduc of Barton Lippert of Hinesburg Weeks of Wallingford Brown of Walden Pillsbury of Brattleboro Woodward of Johnson 250 WEDNESDAY, FEBRUARY 6, 2002 Thereupon, the bill was read the third time. Pending the question, Shall the bill pass? Rep. Seibert of Norwich demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 90. Nays, 51. Those who voted in the affirmative are: Adams of Hartland Hube of Londonderry Peaslee of Guildhall Allaire of Rutland City Hudson of Lyndon Pembroke of Bennington Allard of St. Albans Town Johnson of Canaan Pike of Mendon Amidon of Charlotte Kainen of Hartford Quaid of Williston Anderson of Woodstock Kennedy of Chelsea Randall of Bradford Angell of Randolph Ketchum of Bethel Rogers of Castleton Baker of West Rutland Kilmartin of Newport City Rosenquist of Georgia Barney of Highgate Kirker of Essex Rusten of Halifax Bostic of St. Johnsbury Koch of Barre Town Schaefer of Colchester Bourdeau of Hyde Park Krawczyk of Bennington Schiavone of Shelburne Brooks of Montpelier LaBarge of Grand Isle Scribner of Bristol Carey of Chester Larocque of Barnet Shaw of Derby Clark of St. Johnsbury Larose of Richford Sheltra of Derby Cleland of Northfield Larrabee of Danville Smith of New Haven Colvin of Bennington LaVoie of Swanton Starr of Troy Crowley of West Rutland Little of Shelburne Stevens of Essex Davis of Cavendish Livingston of Manchester Sweetser of Essex DePoy of Rutland City Mann of Leicester Towne of Berlin Duffy of Rutland City Marron of Stowe Valliere of Barre City Endres of Milton Maslack of Poultney Vinton of Colchester Flory of Pittsford Mazur of South Burlington Voyer of Morristown Follett of Springfield Metzger of Milton Waite of Pawlet George of Middlebury Molloy of Arlington Webster of Randolph Goodridge of Albany Monti of Barre City Westman of Cambridge Gray of Barre Town Morrissey of Bennington Willett of St. Albans City Haas of Rutland City Mullin of Rutland Town Winters of Swanton Hall of Newport City Myers of Essex Winters of Williamstown Heath of Westford Nitka of Ludlow Wood of Brandon Helm of Castleton Otterman of Topsham Wright of Burlington Houston of Ferrisburgh Palmer of Pownal Young of Orwell Those who voted in the negative are: Alfano of Calais Darrow of Newfane Grad of Moretown Aswad of Burlington Darrow of Dummerston Hingtgen of Burlington Atkins of Winooski Donovan of Burlington Hooker of Rutland City Audette of South Burlington Dostis of Waterbury Howrigan of Fairfield Bohi of Hartford Doyle of Richmond Hummel of Underhill Bolognani of Readsboro Driscoll of Burlington Jordan of Middlesex Connell of Warren Emmons of Springfield Keenan of St. Albans City Cross of Winooski Fisher of Lincoln Keogh of Burlington Dakin of Colchester Gervais of Enosburg Kiss of Burlington

JOURNAL OF THE HOUSE 251 Kitzmiller of Montpelier Obuchowski of Rockingham Sweaney of Windsor Larson of Burlington Osman of Plainfield Symington of Jericho Mackinnon of Sharon Paquin of Fairfax Tracy of Burlington Masland of Thetford Partridge of Windham Vincent of Waterbury Milkey of Brattleboro Pugh of South Burlington Webster of Brattleboro Miller of Shaftsbury Reese of Pomfret Wheeler of Burlington Nuovo of Middlebury Ryan of Waltham Woodward of Johnson O'Donnell of Vernon Seibert of Norwich Zuckerman of Burlington Those members absent with leave of the House and not voting are: Bolduc of Barton Deen of Westminster Severance of Colchester Brown of Walden Lippert of Hinesburg Weeks of Wallingford Crawford of Burke Pillsbury of Brattleboro Rep. Amidon of Charlotte explained his vote as follows: “Mr. Speaker: I voted for H. 646 because it represents a considered and reasonable response to our immediate cash flow problems. However, for the record, I oppose section 60 as it seems to elevate the needs of loggers above the needs of other taxpayers of our state.” Rep. Dostis of Waterbury explained his vote as follows: “Mr. Speaker: I commend the work of the Appropriations committee to balance the budget during these fiscally challenging times, and do it in a manner to minimize the impact on any one section of government services. They were forced to make difficult choices. Unfortunately, because of the language that puts at risk a well balanced plan for the Champion lands, A plan that balances the needs between logging, hunting and other traditional uses and environmental protection, I must vote against H. 646.” Rep. Randall of Bradford, explained his vote as follows: “Mr. Speaker: I vote for this budget reluctantly as the level of spending and taxation is unconscionable. However, I understand the political reality is that if we fail to pass it we are likely to end up with something that is even more obnoxious.” Rep. Symington of Jericho, explained her vote as follows: “Mr. Speaker: As a member of the joint fiscal committee I reluctantly approved the Governor’s proposed rescissions last summer and fall. Were it not for the Champion lands language, I might have voted for this budget adjustment. In 252 WEDNESDAY, FEBRUARY 6, 2002 all these cases we are faced with managing to limited revenues. But as we face the 2003 budget, we have the opportunity to address revenue shortfalls to provide stability in programs that serve vulnerable Vermonters. I hope that prior to this body’s discussion of the 2003 budget, we will have the opportunity to discuss those state revenues in a way that addresses Vermont’s needs responsibly.” On motion of Rep. Westman of Cambridge, the rules were suspended and the bill was ordered messaged to the Senate forthwith. Bill Committed H. 567 House bill, entitled An act relating to the West Mountain Wildlife Management Area; Appearing on the Calendar for action, was taken up and pending the reading of the report of the committees on Fish, Wildlife and Water Resources and Natural Resources and Energy, on motion of Rep. Angell of Randolph, the bill was committed to the committee on Institutions. Adjournment At three o’clock and ten minutes in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.