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Journal of the House

FRIDAY, JANUARY 26, 1996

At nine o’clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional exercises were conducted by Reverend Wayne Jones of the United Methodist Church in Northfield.

House Bills Introduced

House bills of the following titles were severally introduced, read the first time and referred as follows:

H. 717

By Rep. Christiansen of East Montpelier,

An act relating to requiring that disbursements from the petroleum cleanup fund may be made only to persons with no financial affiliation with the responsible party and only pursuant to a competitive bidding process;;

To the Committee on Natural Resources and Energy.

H. 718

By Reps. Kreitzer of Rutland City, Moore of Rutland City and Harris of Windsor,

An act relating to veterans’ property tax exemption;

To the committee on Ways and Means.

H. 719

By Reps. Hallowell of Burlington, Aswad of Burlington and Sullivan of Burlington,

An act relating to civil enforcement of municipal ordinances;

To the committee on Local Government.

H. 720

By Reps. Emmons of Springfield, Bohi of Hartford, Bjerke of Burlington and Crocker of Woodstock,

An act relating to termination of employees;

To the committee on General, Housing and Military Affairs.

H. 721

By Reps. Freidin of New Haven, Keenan of St. Albans City, Allard of St. Albans Town, Brady of Bennington, Buckland of Newport Town, Christiansen of East Montpelier, Deuel of West Rutland, Fyfe of Newport City, Howrigan of Fairfield, Kinsey of Craftsbury, Kitzmiller of Montpelier, Krasnow of Charlotte, Kreitzer of Rutland City, Kurt of Colchester, Martin of Middlebury, Maslack of Poultney, Milkey of Brattleboro, Molloy of Arlington, Murphy of Ludlow, Rivero of Milton, Shea of Shaftsbury, Starr of Troy, Sweetser of Essex, Talbott of Monkton, Tracy of Burlington and Yarnell of Colchester,

An act relating to extension of fuel gross receipts tax to fund the home weatherization assistance program;

To the committee on Ways and Means.

House Resolution Adopted

H.R. 22

Reps. Pugh of South Burlington, Flaherty of South Burlington, Mazur of South Burlington and Hallowell of Burlington, offered a House resolution, entitled

House resolution honoring the memory of Donald C. Duell, Sr.

Whereas, Donald C. Duell was a native of Burlington and had resided for many years in South Burlington, and

Whereas, he was a proud veteran of 32 years of combined military service in the United States Air Force and Army Reserve, and

Whereas, he was chief operating officer of the Bartlett’s Bay wastewater facility in South Burlington, and

Whereas, Donald C. Duell spent his life trying to improve the lives of his fellow Vermonters, especially young people, and

Whereas, he was a past president of the South Burlington High School Booster’s Club, and

Whereas, Donald C. Duell established the nation’s first Jaycee chapter for the physically challenged at the former Brandon School, and

Whereas, perhaps most significantly, Donald C. Duell was a tireless advocate for the cause of AIDS awareness and spent many hours talking to youngsters across Vermont on the importance of taking the necessary precautions to prevent the spread of this still incurable and fatal disease, and

Whereas, he had recently, along with his loving wife Lois, succeeded in bringing the nationally traveled AIDS Memorial Quilt to St. Michael’s College, where through Project Remembrance, Vermonters were able to reflect on the preciousness and beauty of every life lost to AIDS, and

Whereas, his unexpected death has left a void, both for his family and his many friends, and

Whereas, his wife, children and grandchildren who survive him should be proud of the legacy of helping others that is his cherished memory, now therefore be it

Resolved by the House of Representatives:

That the members of this body extend their sincere condolences to the family of Donald C. Duell Sr. on the occasion of his death, and be it further

Resolved: That the Clerk of the House be directed to send a copy of this resolution to his widow, Lois Duell.

Which was read and adopted.

Joint Resolutions Adopted

The Speaker placed before the House the following Joint resolutions, which were read and adopted on the part of the House.

J.R.H. 80

Rep. Livingston of Manchester, offered a joint resolution, entitled

Joint resolution in memory of the life of Falcomb Nicklewhite;

Whereas, Falcomb "Fred" Nicklewhite was born over a century ago on the Island of Eleuthera in the Bahamas, on February 2, 1892, and

Whereas, he lived in the United States since age six and for over three-quarters of a century in Manchester, Vermont, and

Whereas, Fred became known as a tailor to the many notables who vacationed at both the Equinox Hotel in Manchester and during the winter at the DoncesarHotel in St. Petersburg, Florida, and

Whereas, as a great jazz aficionado, he was proud of his enduring friendships with many jazz greats, including Duke Ellington and Cab Calloway, and

Whereas, Fred was religiously devout and much admired by the citizens of Manchester who will fondly remember his camaraderie and good company, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends to his family and many friends sympathy on the passing of Falcomb "Fred" Nicklewhite who lived a most fulfilling and extraordinary life, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to his nieces Ruth N. Powell, Andree Sweeting and Cleola Smith.

J.R.H. 81

Reps. Almy-Smith of Underhill, Bressor of Richmond and Cochran of Jericho offered a Joint resolution, entitled

Joint resolution congratulating the 1995 Mt. Mansfield Soccer Cougars;

Whereas, the nucleus of the 1995 Mt. Mansfield Boys’ Soccer Cougars consisted of ten outstanding players who had reached the 1994 semi-finals of the Division I championships, and

Whereas, the team and its many loyal fans were anticipating a triumphant campaign after the veteran Cougar squad compiled a fine preseason performance, and

Whereas, the Cougars began their 1995 regular season play with two resounding shutout victories over Harwood and Mt. Abraham, and

Whereas, despite their impressive regular season record of ten victories, three defeats and two ties, they were unfortunately assigned the unenviable sixth seed in the Division I Playoffs, and

Whereas, having been ranked as the sixth seeded squad, their championship journey would require defeating the top three rated Division I soccer teams, and

Whereas, determined to quiet any skepticism that a sixth seeded team merited the championship title, the Mt. Mansfield Cougars paved a victorious path by successively defeating eleventh ranked Middlebury, then third ranked Hartford and finally second ranked Burlington as their admission price to the champion match against the perennial soccer powerhouse and top seeded Champlain ValleyUnion, and

Whereas, the Cougars undeniably proved that they merited the Division I Boys’ Soccer Title by resoundingly defeating Champlain Valley Union by a score of 3-0, and

Whereas, team members Tim Schaeffler was named Vermont Soccer Player of the Year, and was also named along with teammate Justin Pease to the 1995 Metro Conference All-Star First Team, while Morgan Lamphere, Charlie Pennypacker, Dan Schaeffler and Chris Wilson were each given honorable mention by the Metro Conference for their season performances, and

Whereas, seniors Ben Harlow, Duncan Long, Peter Hirschfeld, Jamie Grasso and Dagan Wolcott also had outstanding seasons, and

Whereas, Coach Phil Jacobs and his wife and special team assistant, Cindy Jacobs, can be proud of these fine young athletes, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the 1995 Division I boys’ soccer champions, the Mt. Mansfield Cougars, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Coach Phil Jacobs at Mt. Mansfield Union High School.

J.R.H. 82

Reps. Almy-Smith of Underhill, Bressor of Richmond and Cochran of Jericho offered a joint resolution, entitled

Joint resolution congratulating the Mt. Mansfield Baseball Cougars;

Whereas, the 1995 Mt. Mansfield Baseball Cougars compiled a regular season record of merely seven victories as compared to eight defeats and one tie, earning only the tenth ranked seed in the Division I playoffs, and

Whereas, divisional rankings this low do not usually foreshadow a state championship team, and

Whereas, determined to demonstrate that historical odds must never be taken for granted, the Mt. Mansfield Baseball Cougars proceeded to soundly defeat Colchester, Hartford and Springfield in the first three rounds of the divisional playoffs, and

Whereas, the players were determined to capture the Division I baseball crown after reaching the final game in both 1991 and 1993, and

Whereas, this special motivation was additionally inspired by the knowledgethat to win the state championship would also be Coach Bob Slayton’s 200th varsity coaching victory, and

Whereas, appropriately teamed against the first seeded Mt. Anthony, the Cougars won the championship game by the convincing score of 8 to 4, and

Whereas, the impressive pitching of team Captain Corey Hevrin led to his being named Vermont Baseball Player of the Year, and

Whereas, Coach Bob Slayton’s post-season rallying effort earned him the designation as Vermont Baseball Coach of the Year, and

Whereas, Matt Sargent was named to the first All-Metro team having achieved the second highest league batting average, and

Whereas, Shawn Holbrook was named to the All-Metro second team and the other senior players Brad Carlson, Jack Dustin, Brad Hunt, Bill LaPorte and Jason Revoir each compiled outstanding seasonal performances, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its heartiest congratulations to the 1995 Mt. Mansfield Baseball Cougars for their surprising but richly deserved Division I championship, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Coach Bob Slayton at Mt. Mansfield Union High School.

Joint Resolution Adopted in Concurrence

J.R.S. 59

The Speaker placed before the House a joint resolution, entitled

Joint resolution relating to weekend adjournment;

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That when the two Houses adjourn on Friday, January 26, 1996, it be to meet again no later than Tuesday, January 30, 1996, at ten o’clock in the forenoon.

Which was read and adopted in concurrence.

Bill Amended, Read Third Time and Passed

H. 112

House bill, entitled

An act relating to nonprofit corporations;

Was taken up and pending third reading of the bill, Reps. Bouricius of Burlington, Corren of Burlington, Christiansen of East Montpelier, Murphy of Ludlow, Stafford of Brighton and Brady of Bennington moved to amend the bill as follows:

On page 150, after line 6, by adding a new Sec. 4 to read:

Sec. 4. 1 V.S.A. 310(3) is amended to read:

(3) "Public body" means any board, council or commission of the state or one or more of its political subdivisions, any board, council or commission of any agency, authority or instrumentality of the state or one or more of its political subdivisions, or any committee of any of the foregoing boards, councils or commissions, except that "public body" does not include councils or similar groups established by the governor for the sole purpose of advising the governor with respect to policy. "Public body" also includes the board of directors, and any subcommittee of the board of directors of any public benefit nonprofit corporation with revenues derived from business activity in Vermont in excess of $25,000,000.00 per calendar year.

Which was disagreed to.

Pending third reading of the bill, Rep. Young of Orwell moved that the bill be amended on page 147, after line 10, by inserting the following:

(e) A nonprofit corporation shall not solicit or receive funds from any state agency, department or office, or from any municipality or other instrumentality of this state, unless the corporation has filed with the secretary of state a biennial report under this section that includes a complete financial report, on a form prescribed by the secretary of state, including expenses and income for the preceding and current fiscal years, salaries, wages, benefits and compensation paid to directors and principal officers and employees, a complete listing of all assets, bank accounts, and funds of any sort held by the corporation, and a copy of any form required for tax exempt organizations by the Internal Revenue Service to be filed and disclosed. Reports filed under this section shall be available for public inspection and copying, provided that the corporation may impose a reasonable copying charge.

Pending the question, Will the House amend the bill as recommended by Rep. Young of Orwell? Rep. Morrissey of Bennington demanded the Yeas and Nays, which demand was sustained by the Constitutional number.

Pending the call of the roll by the Clerk, Rep. Baker of Randolph moved that the recommendation of amendment offered by Rep. Young of Orwell, be amended as follows:

First: by striking all after the word "inspector" in the next to last line through the end of the sentence

Second: in the first line, by striking the words "solicit or"

Which was agreed to.

The Clerk proceeded to call the roll and the question, Will the House amend the bill as recommended by Rep. Young of Orwell, as amended? was decided in the negative. Yeas, 58. Nays, 81.

Those who voted in the affirmative are:

Angell of Randolph

Baker of Randolph

Blanchard of Essex

Booth of Barre Town

Bouricius of Burlington

Brunelle of Winooski

Christiansen of East Montpelier

Conner of Rutland City

Corey of Franklin

Corren of Burlington

Crawford of Burke

Dwyer of Thetford

Edwards of Swanton

Flaherty of South Burlington

Freed of Dorset

Gray of Barre Town

Hall of St. Johnsbury

Hallowell of Burlington

Harris of Windsor

Hathaway of Barton

Helm of Castleton

Holmes of Bethel

Houston of Ferrisburg

Howrigan of Fairfield

Hudson of Lyndon

Hudson of East Montpelier

Hyde of Fayston

Knox of Northfield

LaBarge of Grand Isle

Larkin of Fair Haven

Larocque of Barnet

Larrabee of Danville

Lindgren of Springfield

Madkour of Bennington

Martin of Barre City

Maslack of Poultney

Mazur of South Burlington

Morrissey of Bennington

Peaslee of Guildhall

Perry of Richford

Pike of Mendon

Richardson of Weathersfield

Robb of Swanton

Schiavone of Shelburne

Spain of Bradford

Stafford of Georgia

Steele of Waterbury

Sweetser of Essex

Towne of Berlin

Voyer of Morristown

Walker of Brownington

Weeks of Wallingford

Westman of Cambridge

Willett of St. Albans City

Winters of Williamstown

Wisell of Bristol

Wood of Brandon

Young of Orwell

Those who voted in the negative are:

Alberico of Rutland City

Alderman of Middlebury

Allard of St. Albans Town

Almy-Smith of Underhill

Aswad of Burlington

Babcock of Burlington

Baird of Burlington

Beyer of Moretown

Bjerke of Burlington

Bohi of Hartford

Brady of Bennington

Bressor of Richmond

Bristol of Brattleboro

Brooks of Montpelier

Buckland of Newport Town

Campbell of Rockingham

Carmolli of Rutland City

Casavant of Winooski

Cillo of Hardwick

Clarkson of Newfane

Cleveland of Pittsford

Cochran of Jericho

Coleman of Londonderry

Costello of Brattleboro

Crocker of Woodstock

Darrow of Putney

Deen of Westminster

Deuel of West Rutland

Emmons of Springfield

Farrar of Chester

Fox of Essex

Freidin of New Haven

Fyfe of Newport City

Heath of Westford

Howard of Rutland Town

Keenan of St. Albans City

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Klopchin of Clarendon

Krasnow of Charlotte

Kreitzer of Rutland City

Kristensen of Guilford

Kurt of Colchester

Lafayette of Burlington

Larsen of Wilmington

Lehman of Hartford

Lippert of Hinesburg

Little of Shelburne

Mackinnon of Sharon

Mallary of Newbury

Manahan of Enosburg

Martin of Middlebury

McNamara of Burlington

Milkey of Brattleboro

Milne of Washington

Molloy of Arlington

Moore of Rutland City

Murphy of Ludlow

Paquin of Fairfax

Parizo of Essex

Pembroke of Bennington

Pugh of South Burlington

Reidel of Ferrisburg

Rivero of Milton

Rose of Williston

Seibert of Norwich

Shea of Shaftsbury

Simpers of Colchester

Spaulding of Stowe

Stafford of Brighton

Starr of Troy

Sullivan of Burlington

Talbott of Monkton

Tracy of Burlington

Valsangiacomo of Barre City

Vincent of Waterbury

Waite of Pawlet

Woodward of Johnson

Yacovone of Wolcott

Yarnell of Colchester

Those members absent with leave of the House and not voting are:

Cobis of St. Johnsbury

Conant of Colchester

Dunne of Hartland

Gossens of Salisbury

Hill of Milton

Kane of Bennington

Livingston of Manchester

Palmer of Pownal

Scribner of Middlesex

Sheltra of Derby

Pending third reading of the bill Rep. Little of Shelburne moved to amend the bill by adding a new section to be numbered Sec. 2 to read as follows:

Sec. 2. The secretary of state shall prepare and distribute a pamphlet for use by nonprofit organizations summarizing the new law, explaining in simple terms its requirements, and how it changes existing law.

Which was agreed to.

Thereupon, the bill was read the third time and passed.

Senate Proposal of Amendment to

House Proposal of Amendment Concurred in

J.R.S. 55

The Senate concurs with the House proposal of amendment with an amendment, as follows:

In the new Resolved clause, after the word "That" by inserting the words this General Assembly requests that

Which proposal of amendment was considered and concurred in.

Message from Senate

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. 57. An act relating to liability of persons involved in equine activities.

In the passage of which the concurrence of the House is requested.

Adjournment

At eleven o’clock and forty-five minutes in the forenoon, on motion of Rep. Manahan of Enosburg, the House adjourned until Tuesday, January 30, 1996, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 59.