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THURSDAY, FEBRUARY 12, 1998
At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.
Devotional exercises were conducted by Rep. Thomas Koch of Barre Town .
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 considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon House bill of the following title:
H. 637. An act providing adjustments in the amount appropriated for the support of government.
And has accepted and adopted the same on its part.
House Resolution Referred to Committee
H.R. 29
Rep. Murphy of Ludlow offered a joint resolution, entitled
Joint resolution urging the United States Congress to enact legislation to prohibit the hiring of replacement workers as an alternative to negotiations and settlements of labor disputes;
Whereas, while the history of organized labor has often been marked by difficulties and controversy over the years, working women and men bargaining in good faith through formal labor negotiations have brought many benefits to our state and nation, and
Whereas, the standard of living for working families is higher than it could possibly be without the efforts of organized labor, and
Whereas, for responsible companies, the steady supply of reliable workers also brings many rewards and long-term stability, and
Whereas, in recent years companies have been initially responding to labor disputes by hiring replacement workers instead of negotiating with the existing employees, and
Whereas, the hiring of replacement workers hinders communications between labor and management, resulting in an escalating series of actions that are mutually harmful, now therefore be it
Resolved by the House of Representatives:
That the United States Congress is urged to enact legislation to prohibit the hiring of replacement workers as an alternative to negotiations and settlements of labor disputes, and be it further
Resolved: that the Clerk of the House be directed to send a copy of this resolution to the President of the United States, the Speaker of the United States House of Representatives and to the members of Vermont's Congressional Delegation.
Resolved: That the Clerk of House be directed to send a copy of this resolution to the President of the United States, the Speaker of the United States House of Representatives and to the members of Vermont's Congressional Delegation.
Which was read and, in the Speaker's discretion, treated as a bill and referred to the Committee on General, Housing and Military Affairs.
Member Replaced on Committee of Conference
S. 158
The Speaker announced that he has appointed Rep. McNamara of Burlington to replace Rep. Hummel of Underhill on the Committee of Conference on Senate bill, entitled
An act relating to miscellaneous changes to Vermont's transportation statutes.
Joint Resolutions Adopted
Joint resolutions of the following titles were severally taken up and adopted on the part of the House.
J.R.H. 117
Joint resolution relating to the use of the State House for a celebration of elected and appointed women in local and state government;
J.R.H. 118
Joint resolution in memory of former Representative Stanton S. Lazarus.
Joint Resolutions Adopted in Concurrence
Joint resolutions of the following titles were severally taken up and adopted in concurrence.
J.R.S. 75
Joint resolution congratulating the North Country Chorus on its 50th Anniversary;
J.R.S. 76
Joint resolution providing for a Joint Assembly for the election of two legislative Trustees of the Vermont State Colleges Corporation.
Third Reading; Bill Passed
H. 101
House bill, entitled
An act relating to requiring a permit before mining for gold in a watercourse and allowing only the panning for gold pursuant to such a permit;
Pending third reading of the bill, Rep. Brady of Bennington moved to amend the bill as follows:
In Sec. 2, 10 V.S.A. § 1021(h)(1)(A) following the words "shall not operate" by deleting the words "suction dredges" and inserting in lieu thereof "a suction dredge over two inches in diameter"
Pending the question, Shall the House amend the bill as recommended by Rep. Brady of Bennington? Rep. Deen of Westminster demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Brady of Bennington? Was decided in the negative. Yeas, 56. Nays, 72.
Those who voted in the affirmative are:
Allard of St. Albans Town
Angell of Randolph
Barbieri of Wallingford
Barney of Highgate
Blanchard of Essex
Bourdeau of Hyde Park
Brady of Bennington
Brunelle of Winooski
Buckland of Newport Town
Clark of St. Johnsbury
Dwyer of Thetford
Emmons of Springfield
Flaherty of South Burlington
Ginevan of Middlebury
Grant of Groton
Gray of Barre Town
Gretkowski of Burlington
Helm of Castleton
Hoag of Woodford
Houston of Ferrisburg
Hudson of Lyndon
Hyde of Fayston
Kendall of Woodstock
Kinsey of Craftsbury
Knox of Northfield
Koch of Barre Town
LaBarge of Grand Isle
Larrabee of Danville
Livingston of Manchester
Maslack of Poultney
Mazur of South Burlington
McGrath of Ferrisburgh
McNamara of Burlington
Molloy of Arlington
Morrissey of Bennington
Peaslee of Guildhall
Pembroke of Bennington
Ranney of Castleton
Richardson of Weathersfield
Robb of Swanton
Schiavone of Shelburne
Sheltra of Derby
Simpers of Colchester
Sinnott of Bennington
Starr of Troy
Steele of Waterbury
Towne of Berlin
Voyer of Morristown
Waite of Pawlet
Westman of Cambridge
Willett of St. Albans City
Winters of Williamstown
Wisell of Bristol
Wood of Brandon
Woodward of Johnson
Young of Orwell
Those who voted in the negative are:
Alberico of Rutland City
Alfano of Calais
Aswad of Burlington
Bjerke of Burlington
Bohi of Hartford
Bouricius of Burlington
Buchdahl of Georgia
Carmolli of Rutland City
Casavant of Winooski
Cillo of Hardwick
Coleman of Londonderry
Corren of Burlington
Costello of Brattleboro
Dakin of Colchester
Darrow of Newfane
Darrow of Dummerston
Deen of Westminster
Doyle of Richmond
Dunne of Hartland
Fox of Essex
Freidin of New Haven
Gervais of Enosburg
Hathaway of Barton
Heath of Westford
Holmes of Bethel
Howard of Rutland Town
Hummel of Underhill
Keenan of St. Albans City
Kehler of Pomfret
Kenyon of Bradford
Kitzmiller of Montpelier
Klopchin of Clarendon
Kreitzer of Rutland City
Kristensen of Guilford
Lafayette of Burlington
Lehman of Hartford
Lindgren of Springfield
Lippert of Hinesburg
Mackinnon of Sharon
Marron of Stowe
Mazzariello of Rutland City
Milkey of Brattleboro
Miller of Shaftsbury
Moore of Rutland City
Murphy of Ludlow
Nelson of Ryegate
Nuovo of Middlebury
Osman of Plainfield
Paquin of Fairfax
Parizo of Essex
Perry of Richford
Pike of Mendon
Pugh of South Burlington
Rivero of Milton
Rose of Williston
Rusten of Halifax
Seibert of Norwich
Smith of Sudbury
Snyder of Pittsford
Soboleski of Rockingham
Suchmann of Chester
Sweaney of Windsor
Sweetser of Essex
Symington of Jericho
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Voyer of Morristown
Walker of Brownington
Weiss of Northfield
Wheeler of Burlington
Yarnell of Colchester
Zuckerman of Burlington
Those members absent with leave of the House and not voting are:
Baker of Randolph
Bristol of Brattleboro
Brooks of Montpelier
Crawford of Burke
Deuel of West Rutland
Dominick of Starksboro
Edwards of Swanton
Freed of Dorset
Fyfe of Newport City
Howrigan of Fairfield
Johnson of Canaan
Krasnow of Charlotte
Little of Shelburne
Metzger of Milton
Milne of Washington
Palmer of Pownal
Poirier of Barre City
Scribner of Middlesex
Sherman of St. Johnsbury
Sullivan of Burlington
Vinton of Colchester
Thereupon, the bill was read the third time and passed.
Bill Amended, Read Third Time and Passed
H. 134
House bill, entitled
An act relating to oversight of county budgets and performance audits of county administration;
Was taken up and pending third reading of the bill, Reps. Bjerke of Burlington, Angell of Randolph, Kristensen of Guilford and Little of Shelburne moved to amend the bill as follows:
By striking Sec. 1 in its entirety and inserting in lieu thereof the following:
Sec. 1. 24 V.S.A. § 131a is added to read:
§ 131a. COUNTY DUTIES OF PROBATE JUDGE
(a) In the event the assistant judges are unable to agree on a matter relating to county business and one of the assistant judges informs the county clerk that the judges have reached an impasse, the clerk shall notify the most senior probate judge of that county that an impasse exists.
(b) Upon receipt of notice under subsection (a) of this section, the probate judge shall review the matter at issue and meet with the assistant judges to vote on the issue. The time and place of the meeting shall be set by the probate judge. The sole business to be transacted at the meeting shall be the matter that is the subject of the impasse, which shall be resolved by majority vote of the two assistant judges and the probate judge. The result of a vote taken under this section shall not be subject to reconsideration by the assistant judges.
Which was disagreed to.
Pending third reading of the bill, Rep. Richardson of Weathersfield moved to amend the bill as follows:
First: In Sec. 2, § 133(d) of 24 V.S.A., after the words "deemed expedient" by inserting the following: and if approved by a majority of the county budget committee,
Second: In Sec. 2, § 133 of 24 V.S.A., by adding a new subsection (i) to read as follows:
(i) A county budget committee is created. The legislative body of each town within the county shall appoint one of its members to serve on the committee. County budget committee members shall serve for one year or until their successors are appointed.
Which was disagreed to.
Pending third reading of the bill, Rep. Bourdeau of Hyde Park moved to amend the bill as follows:
First: In Sec. 2, 24 V.S.A. § 133(b), after the third sentence, by inserting a new sentence to read:
"If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county."
Second: In Sec. 2, 24 V.S.A. § 133(c), after the second sentence, by inserting a new sentence to read:
"If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county."
Which was agreed to.
Thereupon, the bill was read the third time and passed with a title amendment as follows:
An act relating to County Government
Third Reading; Bill Passed
H. 571
House bill, entitled
An act relating to standing requests for absentee ballots;
Was taken up, read the third time and passed.
Favorable Report; Third Reading Ordered
H. 684
Rep. Molloy of Arlington, for the Committee on General, Housing and Military Affairs, to which had been referred House bill, entitled
An act relating to naming the Vermont Veterans' Memorial Cemetery Chapel;
Reported in favor of its passage. The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.
Senate Proposal of Amendment Concurred in with an Amendment
H. 503
The Senate proposes to the House to amend House bill, entitled
An act relating to the teacher's retirement system and calculation of retirement benefits;
By striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 16 V.S.A. § 1937(b)(4) is amended to read:
(4) Beginning July 1, 1989, the service retirement allowance shall be not less than the larger of $4,550.00 a year or fifty percent of the member's average final compensation for any member or beneficiary who has completed thirty years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than thirty years of creditable service. Beginning July 1, 1998, the service retirement allowance shall be not less than the larger of $6,600.00 a year or fifty percent of the member's average final compensation for any member or beneficiary who has completed thirty years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least ten years, but less than thirty years, of creditable service. For this purpose any annuity derived from the member's contributions transferred from the existing system under section 1934(c) of this title and from additional contributions made under section 1944(b)(5) and (6) of this title shall not be included as part of the retirement allowance.
Sec. 2. 3 V.S.A. § 459(f) is amended to read:
(f) Beginning July 1, 1989, the normal retirement allowance for group A members shall be not less than the larger of $3,000.00 a year or 50 percent of his or her average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service. Beginning July 1, 1998, the service retirement allowance shall be not less than the larger of $4,200.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service.
Sec. 3. 3 V.S.A. § 455(a)(11)(D) and (E) are amended to read:
(D) "Group D members" shall mean justices of the supreme court, superior judges, district judges and probate judges *[elected prior to July 1, 1987]*.
(E) "Group F member" shall mean any person who is first included in the membership of the system on or after January 1, 1991, *[probate judges elected or]* *[appointed for the first time on or after January 1, 1991,]* any person who was a group E member on December 31, 1990 who was in service on that date, and any person who was a group E member on December 31, 1990 who was absent from service on that date who returns to service on or after January 1, 1991.
Sec. 4. ELECTION
A probate judge who, prior to the effective date of this act was a member of group F, shall remain in group F unless, within 60 days of the effective date of this act, he or she elects to become a member of group D. Any probate judge who so elects shall deposit in the annuity savings fund by a single contribution the amount or amounts the member would have contributed if he or she had been a member of group D instead of a member of group F.
Sec. 5. 3 V.S.A. § 650 is amended to read:
§ 650. DEFINITIONS
The following definitions shall apply throughout this chapter unless the context requires otherwise:
(1) "Board" means the Vermont state retirement board.
(2) "Deferred compensation agreement" means any agreement authorized by this chapter entered into between a public agency and an employee of that agency providing for a reduction in the employee's compensation in return for the agency's promise to make deferred payments in the future.
*[(2)]*(3) "Employee" means any employee of a public agency whether appointed, elected or under contract to whom compensation is paid.
*[(3)]*(4) "Public agency" means:
(A) the state, acting as a single unit employer on behalf of the general assembly and state agencies, departments, boards or commissions;
(B) any county or municipality as defined in section 4303(4) of Title 24; and
(C) any school district as defined in section 11(a)(10) of Title 16.
Sec. 6. 3 V.S.A. § 651 is amended to read:
§ 651. DEFERRED COMPENSATION PLANS AUTHORIZED
* * * [Text Not Reproduced] * * *
(b) *[A public agency may:]*
*[(1) purchase a fixed or variable life insurance or annuity contract from any life insurance company licensed to engage in business in the state for the purpose of funding a deferred compensation program for an employee, or may purchase shares of a regulated investment company for an employee; or]*
(*[2) a plan may be established and administered by the Vermont state retirement]* The board may establish and administer a plan for the purpose of providing a deferred compensation program for state employees, including members of the general assembly, and for the employees of other public agencies that elect to participate in the state plan.
(c) *[In lieu of proceeding under subsection (b) of this section, a plan of deferred compensation for state employees, including members of the general assembly, may be established subject to collective bargaining rights and administered by the Vermont state retirement board]* Other public agencies may establish and administer a plan for the purpose of providing a deferred compensation program for their employees.
(d) The board and other public agencies, which have or will establish a defined contribution plan, shall create a trust to conform with Section 457 of the Internal Revenue Code.
(e) All assets and income which have been or shall be withheld or deferred by the state of Vermont or its political subdivisions shall be held in trust in any funding vehicle permitted by Section 457 of the Internal Revenue Code for the exclusive benefit of the plan's participants and their beneficiaries until such time as the funds are distributed to the participant or the beneficiary of the participant in accordance with the terms of the deferred compensation plan.
(f) For state employees, including members of the general assembly, the board shall be the trustees of the deferred compensation plan and the state treasurer shall be the custodian of the funds in the trust. All payments from such funds shall be made by the state treasurer or the treasurer's authorized agent.
(g) Any political subdivision administering a plan as a trust shall be required to name one or more persons as trustees of such plan, and to establish provisions relating to the removal or resignation of a trustee, the appointment of a successor and the methods by which the trustee may take necessary action as required underthe plan.
Sec. 7. This act shall take effect upon passage.
The Senate further proposes to the House that the title of the bill be amended to read: AN ACT RELATING TO RETIREMENT BENEFITS AND DEFERRED COMPENSATION PLANS FOR TEACHERS AND STATE EMPLOYEES
Rep. Kreitzer of Rutland City moved that the House concur with the Senate Proposal of Amendment with the following amendment thereto:
First: By striking Sec. 7 in its entirety
Second: By adding the following Secs. to read as follows:
Sec. 7. 3 V.S.A. § 473(f) is added to read:
(f) Contributions paid by state. Notwithstanding the provisions of subdivision (b)(2) of this section to the contrary and pursuant to the provisions of section 414(h) of the Internal Revenue Code, the state shall pick up and pay the contributions required to be paid by members with respect to service rendered on and after January 1, 1998. Contributions picked up by the state shall be designated for all purposes as member contributions, except that they shall be treated as state contributions in determining tax treatment of a distribution. Each member's compensation shall be reduced by an amount equal to the amount picked up by the state. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subsection shall be credited to the annuity savings fund. To ensure that the provisions of this subsection are cost neutral to the state, the contributions rates established under section 473(b)(2) of this title shall be increased by one-tenth of one percent of compensation.
Sec. 8. 3 V.S.A. § 473a is added to read:
§ 473a. PERIODIC ACTUARIAL REPORTS
The board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 473(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the state for such members cost neutral to the general fund. The actuarial reevaluation shall consider all relevant factors, including federal tax law changes. The board shall report the results of the actuarial reevaluation to the general assembly together with any recommendations for adjustment in the members' contribution rate under subdivision 473(b)(2).
Sec. 9. 3 V.S.A. § 458(d) is amended to read:
(d) Creditable service of a member shall consist of his or her membership service and the prior service, if any, which is credited to him or her under subsection (a) of this section, plus, in the case of a group A member hired prior to July 1, 1978, three years and in the case of a group F member, up to three years of the period served as a state employee prior to 1978 for which the member received no credit provided that the employee served continuously since 1978 until retirement. Creditable service shall also include service as an exempt employee for any period or periods of less than three years prior to 1978, whether or not continuous.
Sec. 10. EFFECTIVE DATE
This act shall take effect on the first day of the first month immediately following passage.
Which proposal of amendment was considered and concurred in.
Senate Proposal of Amendment Not Concurred in;
Committee of Conference Requested and Appointed
J.R.H. 113
The Senate proposes to the House to amend Joint resolution, entitled
Joint resolution relating to the use of the State House for the Green Mountain Girls' State Program;
In the last Resolved Clause by striking out the period and inserting in lieu thereof the following: , and be it further
And by adding two new Resolved Clauses to read as follows:
RESOLVED: That the organizers of Girl State are urged to revise the program's civic educational component in order that it is equal to, and as comprehensive, as the curriculum that is offered at Boys' State, and be it further
RESOLVED: That the Secretary of State be directed to forward a copy of this resolution to the department headquarters of the American Legion Auxiliary located at 126 State Street in Montpelier.
Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Mazzariello of Rutland City moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:
Rep. Mazzariello of Rutland City
Rep. Steele of Waterbury
Rep. Kitzmiller of Montpelier
Adjournment
At eleven o'clock and twenty-five minutes in the forenoon, on motion of Rep. Clark of St. Johnsbury, the House adjourned.