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Journal of the House

_____________________

FRIDAY, APRIL 10, 1998

At nine o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend David Stertzbach of Trinity Baptist Church in Williston.

House and 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.

H.R. 38

House resolution in support of United States Armed Forces assigned to overseas duty and international military conventions

Offered by: Representatives Lindgren of Springfield and Murphy of Ludlow

Whereas, on January 2, 1991, in El Salvador, two American soldiers, Lieutenant Colonel David H. Pickett and Private First Class Earnest Dawson, Jr., were murdered by Marxist guerrillas in El Salvador, and

Whereas, El Salvador refused to bring the confessed murderers to trial in contravention of the Geneva Conventions, and other international agreements, to which it is a signatory, and

Whereas, despite being requested by United States diplomats, El Salvador adamantly refused to comply with legally binding international agreements, and the El Salvador Supreme Court failed to provide justice by refusing to try the murders, releasing them on a hurriedly enacted Salvadoran amnesty law, and

Whereas, because the United States government only applied the most minimal of diplomatic pressure, El Salvador was effectively allowed to commit a travesty of justice and to violate human rights, ignoring the pleas of the American military and these fine servicemen's families, and

Whereas, the State Department, the Department of Defense, Congressionalleaders and others have voiced their disapproval of El Salvador's actions, and

Whereas, Lawrence J. Korb, Director of the Center for Public Policy Education, and a former Assistant Secretary of Defense, states a principle that Americans have always believed in, that American service personnel stationed abroad are an extension of the sovereignty of the United States, and therefore, when they are attacked, while acting in their official capacity, it is the same as an attack on the United States, and

Whereas, our military forces, including Reserve and National Guard units from Vermont will continue to be deployed overseas, and

Whereas, claiming political complexity, American officials have refused to initiate any steps to preclude a similar occurrence from happening elsewhere overseas, now therefore be it

Resolved by the House of Representatives:

That the Congress of the United States, and President Bill Clinton, should issue strong public condemnations of El Salvador's violations of the Geneva Conventions, and that public condemnation is specifically important to let the American military know our country cares about justice for all, and be it further

Resolved: That the President, supported by the United States Congress, should withdraw all military personnel, regardless of how few, from El Salvador until legal safeguards are in place to preclude any similar violations from occurring in the future, and that other sanctions in the form of reduced military aid, no matter how small, should be considered, and be it further

Resolved: That the Department of Defense, in consultation with the Department of State, should review and report to Congress status of all forces and country agreements to ensure that the legal rights of the United States military are properly protected, recognizing that constitutional amendments in foreign countries may be required to provide appropriate protection for our military, and that the United States should use all possible leverage to insist upon workable legal remedies, and be it further

Resolved: That the Department of Defense should provide written factual assurances to the United States Congress, the United States military, and the public that legal protections are in place for any future deployments, and be it further

Resolved: That in light of El Salvador's violations, the United States Administration, together with the International Red Cross, should examine the Geneva Conventions to determine if there are any loopholes and take action toclose any that are discovered, and in particular, they should examine the use and consequences of amnesty laws to circumvent the intent of the Conventions, and that the lack of adequate convention coverage of internal conflicts should be addressed, and be it further

Resolved: That the Congress of the United States and the United States Administration should enact a statute to prevent the recognition of any amnesty enacted by a foreign power that forgives or fails to bring to trial those guilty of murder or assassination, and that the United States must take the high moral ground in this regard and should remove the State Department's insistence on the need for flexibility, and be it further

Resolved: That the foregoing actions, and the status of each of these actions, should be made the matter of quarterly public reports to the American citizens and the United States military until the necessary safeguards for the legal protection of our military are in place, and that such reports would strengthen the idea of keeping faith with the American military and enhance the morale of our military and their families, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to each member of the Vermont Congressional Delegation.

J.R.H. 171

Joint resolution honoring Llewellyn Roberts of Danville on his 90th Birthday

Offered by: Representative Larrabee of Danville

Whereas, it is with great pride and honor that the General Assembly recognizes the occasion of the 90th birthday on August 3, 1998 of a most distinguished Vermonter, Llewellyn Roberts of Danville, Vermont, and

Whereas, Llewellyn Roberts was born in Fair Haven, Vermont, on August 3, 1908 to Owen and Catherine Mary Roberts, who immigrated from Wales in 1907, as the third of their six children and their first born in the United States, and

Whereas, Llewellyn Roberts has been a lifelong Vermonter, who was educated at Fair Haven High School, received his bachelor's degree from Middlebury College and his master's degree from the University of Vermont; and who in turn has dedicated his professional career to educating others in this state as a teacher and principal in Danby, as a principal in Wallingford, and for 35 years as superintendent of schools for the Caledonia Central Supervisory Union, and

Whereas, Llewellyn Roberts has served his community in many other ways, including service as Danville Town Lister, Deacon of the Danville Congregational

Church, member of the Masonic Order, and in many state and local educational societies, and

Whereas, Llewellyn Roberts has a fine, strong, and devoted family which has included marriage to Louise Pierce of Castleton, who passed away in 1944; marriage to Barbara Hamilton of Danville in 1951; six children, Priscilla Carpenter, Prudence Westerberg, Polly Rowland, John Roberts, Judith Roberts, and Jeanne Adams; 14 grandchildren and 14 great-grandchildren, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly of the State of Vermont congratulate Llewellyn Roberts on his upcoming ninetieth birthday and, on behalf of the people of Vermont, thank him for his lifetime of service to the people of the state and his devotion to the education of Vermonters and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Llewellyn Roberts.

J.R.H. 172

Joint resolution congratulating the Blue Mt. Grange on its Centennial Anniversary

Offered by: Representative Nelson of Ryegate

Whereas, as stated in the charter of the Blue Mt. Grange No. 263, "on the 28th of April in 1898, a dispensation was granted to certain parties therein to organize and hold a Subordinate Grange of the Patrons of Husbandry in the town of Ryegate, County of Caledonia and State of Vermont under the name of Blue Mt. Grange No. 263," and

Whereas, these parties were, "empowered to confer degrees of a Subordinate Grange agreeably to the Constitution of the National Grange of Patrons of Husbandry and the Ritual of the Order," and

Whereas, the strength of the Grange lies in its belief that people can achieve happiness, satisfaction and prosperity through unity of action, and

Whereas, the Blue Mt. Grange has over the last several years received numerous certificates of achievement for membership development, and

Whereas, the Master of the Blue Mt. Grange was awarded the National Certificate of Achievement as the 1997 National Grange's Most Valuable Recruiter, and

Whereas, the Blue Mt. Grange No. 263 was named the 1997 All-Star Grange at both the state and national levels, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to congratulate the Blue Mt. Grange No. 263 as it proudly celebrates its centennial anniversary of outstanding service to the farm families of Ryegate, Vermont and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Masters of the National, Vermont State and Blue Mt. Granges.

J.R.H. 173

Joint resolution honoring public sector employees

Offered by: The Committee on Government Operations

Whereas, public sector employees are dedicated to performing their daily tasks to the very best of their capacities, and

Whereas, public sector employees are providing services that are essential and frequently taken for granted, and

Whereas, May 4 through 10 of this year has been designated as the 13th annual Public Service Recognition Week, which will provide a timely opportunity to acknowledge the unique contributions of public sector employees, and

Whereas, during Public Service Recognition Week, the Governor will preside at a ceremony that will recognize those state employees who have performed their jobs in an especially exemplary manner, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to congratulate those state employees who are receiving special recognition from the Governor, and be it further

Resolved: That the General Assembly is pleased to recognize the outstanding efforts of all state employees on behalf of the citizens of Vermont.

J.R.H. 174

Joint resolution congratulating Linda Ward for her fundraising efforts on behalf of the March of Dimes

Offered by: Representatives Allard of St. Albans Town, Keenan of St. Albans City, and Willett of St. Albans City

Whereas, the March of Dimes has for the past 60 years been a leading financialsource for medical research that is directed at the elimination of birth defects, including the historic and successful fight against polio, and

Whereas, for 28 years, the March of Dimes has annually conducted, in many communities across the United States, its exciting Walk-America fundraisier that provides a special chance for thousands of persons to contribute to the continuing fight against birth defects, and

Whereas, since 1990, Linda Ward, the owner of Linda's Pub in St. Albans, has, with the enthusiastic support of over 240 team members, raised over $150,000.00 on behalf of this worthy cause, and

Whereas, nationally, Linda ranks fifth in the nation as a March of Dimes fundraiser, and

Whereas, her wonderful accomplishment has benefited important medical research that will lead to new and significant cures for the problems of birth defects, and

Whereas, Linda is a marvelous promoter of this important medical charity, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is proud and delighted to congratulate Linda Ward for her outstanding dedication to the March of Dimes and its annual Walk-America event, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Linda Ward in St. Albans.

J.R.H. 175

Joint resolution congratulating the Twinfield Union School Division III Odyssey of the Mind " Pageant Wagon" Vermont State Championship Team

Offered by: Representatives Osman of Plainfield and Alfano of Calais

Whereas, the Odyssey of the Mind program is a worldwide competition dedicated to stimulating self-confidence, creative problem solving and independent thinking in a team environment, and

Whereas, the team of Owen Bissex, Jennifer Ertel, Leah Jamele, Stephan Jamele and Emily Youngbaer won the state of Vermont Division III competition in their division on March 21, and

Whereas, Chris Riddell, a former Odyssey of the Mind World Finalist and now

a Goddard College student has ably coached the Twinfield team throughout the competition, and

Whereas, Willis, the Dragon, garnered the coveted Ranatra Fusca certificate for creativity, despite beheading one team member and removing the arm of another, and

Whereas, this exceptional Twinfield team will participate in the Odyssey of the Mind World Finals at Disney World in Orlando, Florida where it will have challenging competition from the other 49 states and over 40 countries, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the Twinfield Odyssey of the Mind Division III "Pageant Wagon" Vermont State Championship Team on its magnificent accomplishments and wishes all of its members the very best of luck at the World Finals, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Twinfield Union School.

Committee Not Relieved of Consideration

H. 279

Rep. Knox of Northfield moved that the Committee on Judiciary be relieved of further consideration on House bill, entitled

An act relating to the penalty for the crime of false public alarms;

And under the rule, be placed on the Calendar for notice on the succeeding legislative day.

Pending the question, Shall the committee on Judiciary be relieved of House bill H. 279? Rep. Ranney of Castleton 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 committee on Judiciary be relieved of House bill H. 279? was decided in the negative. Yeas, 50. Nays, 84.

Those who voted in the affirmative are:

Angell of Randolph

Barney of Highgate

Bourdeau of Hyde Park

Bouricius of Burlington

Brady of Bennington

Brunelle of Winooski

Buckland of Newport Town

Clark of St. Johnsbury

Coleman of Londonderry

Crawford of Burke

Dominick of Starksboro

Freed of Dorset

Ginevan of Middlebury

Grant of Groton

Gray of Barre Town

Hathaway of Barton

Hoag of Woodford

Houston of Ferrisburgh

Hudson of Lyndon

Hyde of Fayston

Johnson of Canaan

Kendall of Woodstock

Kinsey of Craftsbury

Knox of Northfield

Koch of Barre Town

LaBarge of Grand Isle

Larrabee of Danville

Lindgren of Springfield

Livingston of Manchester

Marron of Stowe

Maslack of Poultney

Mazur of South Burlington

McGrath of Ferrisburgh

Molloy of Arlington

Morrissey of Bennington

Palmer of Pownal

Peaslee of Guildhall

Ranney of Castleton

Richardson of Weathersfield

Robb of Swanton

Schiavone of Shelburne

Sheltra of Derby

Simpers of Colchester

Suchmann of Chester

Sweetser of Essex

Towne of Berlin

Walker of Brownington

Willett of St. Albans City

Wisell of Bristol

Young of Orwell

Those who voted in the negative are:

Alberico of Rutland City

Alfano of Calais

Allard of St. Albans Town

Bjerke of Burlington

Blanchard of Essex

Bohi of Hartford

Bristol of Brattleboro

Brooks of Montpelier

Carmolli of Rutland City

Cillo of Hardwick

Corren of Burlington

Costello of Brattleboro

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Doyle of Richmond

Dunne of Hartland

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Fox of Essex

Freidin of New Haven

Fyfe of Newport City

Gervais of Enosburg

Gretkowski of Burlington

Heath of Westford

Holmes of Bethel

Howard of Rutland Town

Howrigan of Fairfield

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

Lippert of Hinesburg

Little of Shelburne

Mackinnon of Sharon

Mazzariello of Rutland City

McNamara of Burlington

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

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

Poirier of Barre City

Pugh of South Burlington

Rivero of Milton

Rose of Williston

Rusten of Halifax

Seibert of Norwich

Sinnott of Bennington

Smith of Sudbury

Snyder of Pittsford

Soboleski of Rockingham

Starr of Troy

Steele of Waterbury

Sullivan of Burlington

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Valsangiacomo of Barre City

Vincent of Waterbury

Vinton of Colchester

Waite of Pawlet

Weiss of Northfield

Westman of Cambridge

Wheeler of Burlington

Winters of Williamstown

Wood of Brandon

Woodward of Johnson

Yarnell of Colchester

Zuckerman of Burlington

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

Aswad of Burlington

Baker of Randolph

Barbieri of Wallingford

Buchdahl of Georgia

Casavant of Winooski

Deuel of West Rutland

Dwyer of Thetford

Helm of Castleton

Krasnow of Charlotte

Metzger of Milton

Pembroke of Bennington

Pike of Mendon

Scribner of Middlesex

Sherman of St. Johnsbury

Voyer of Morristown

Rep. Blanchard of Essex explained his vote as follows:

"Mr. Speaker:

I voted NO, but I wish to state that I do feel strongly that bomb scares are a problem and should be dealt with by imposing tougher penalties. My hope is that this problem will be a priority in the next session."

Proposal of Amendment Agreed to;

Bill Read the Third Time and

Passed in Concurrence with Proposal of Amendment

S. 49

Senate bill, entitled

An act relating to timely payment of insurance claims;

Was taken up, and pending third reading of the bill, Rep. Alfano of Calais moved that the House propose to the Senate to amend the bill as follows:

By adding two new sections to the bill as follows:

Sec. 2. 18 V.S.A. § 9418 is added to read:

§ 9418. PAYMENT FOR HEALTH CARE SERVICES

(a) As used in this section,

(1) "Health plan" means a health insurer, disability insurer, health maintenance organization, medical or hospital service corporation or a workers' compensation policy of a casualty insurer licensed to do business in Vermont. "Health plan" also includes a health plan that requires its medical groups, independent practice associations or other independent contractors to pay claims for the provision of health care services.

(2) "Claim" means any claim, bill or request for payment for all or any portion of provided health care services that is submitted by:

(A) A health care provider or a health care facility pursuant to a contract or agreement with the health plan; or

(B) A health care provider, a health care facility or a patient covered by the health plan.

(3) "Contest" means the circumstance in which the health plan was not provided with:

(A) Sufficient information needed to determine payer liability; or

(B) Reasonable access to information needed to determine the liability or basis for payment of the claim.

(4) "Denied" or "denial" means the circumstance in which the plan asserts that it has no liability to pay a claim, based on eligibility status of the patient, coverage of a service under the health plan, medical necessity of a service, liability of another payer or other grounds.

(b) No later than 30 days following receipt of a claim, a health plan shall do one of the following:

(1) Pay or reimburse the claim.

(2) Notify the claimant in writing that the claim is contested or denied. The notice shall include specific reasons supporting the contest or denial and a description of any additional information required for the health plan to determine liability for the claim.

(1) The health plan shall within 30 days following receipt of the claim:

(A) pay or reimburse the claim; or

(B) notify in writing the claimant and the commissioner of labor and industry that the claim is contested or denied. The notice shall include specific reasons supporting the contest or denial and a description of any additional information required for the health plan to determine liability for the claim.

(2) Disputes regarding any claims under this subsection shall be resolved pursuant to the provisions of chapters 9 and 11 of Title 21.

(3) The commissioner of labor and industry may assess interest and penalties as provided in subsections (e) and (f) of this section against a health plan that fails to comply with the provisions of this section or any order of the commissioner. These remedies are in addition to any other penalties available under Title 8 and chapters 9 and 11 of Title 21.

(d) If a claim is contested because the health plan was not provided with sufficient information to determine payer liability and for which written notice has been provided as required by subdivision (b)(2) of this section, then the health plan shall have 30 days after receipt of the additional information to complete consideration of the claim.

(e) Interest shall accrue on a claim at the rate of 12 percent per annum calculated as follows:

(1) For a claim that is uncontested, from the first calendar day following the 30-day period following the date the claim is received by the health plan.

(2) For a contested claim, for which notice was provided as required by this section, from the first calendar day after the 30-day period following the date that sufficient additional information is received.

(3) For a contested claim for which notice was not provided as required by this section or for which notice was provided later than the 30 days required by subdivision (b)(2) of this section, from the first calendar day after the 30-day period following the date the original claim was received by the health plan.

(4) For a claim that was denied, from the first calendar day after the

30-day period following the date of a final arbitration award, judgment or administrative order that found a plan to be liable for payment of the claim.

(f) All payments shall be made within the time periods provided by this section unless otherwise specified in the contract between the health plan and the health care provider or the health care facility. The health plan shall provide notice as required by subsection (b) of this section and pay interest on uncontested and contested claims as required in subsection (d) of this section from the day following the contract payment period, unless otherwise specified in the contract.

(g) Any dispute concerning payment of a claim or interest on a claim, arising out of or relating to the provisions of this section shall, at the option of either party, be settled by arbitration in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the arbitrator's award may be entered in any court having jurisdiction.

(h) If the commissioner finds, after notice and hearing, that a health plan has violated this section, the commissioner may impose a civil penalty against the health plan of no more than $500.00 per day for each day a claim remains unpaid, with a maximum penalty for each claim of $5,000.00, assessed from the day after the date payment or reimbursement was due. Each claim for payment or reimbursement for which payment or reimbursement or notice is not provided as required by this section shall constitute a separate violation.

Sec. 3. EXTENSION OF SUNSET

Sec. 14a of Act No. 54 (1997) is repealed. Notwithstanding any other provision of law, 8 V.S.A. § 5107(g)(health maintenance organization formed as limited liability company) is repealed on July 1, 1999. This section shall take effect on passage.

Rep. Freed of Dorset raised a Point of Order that the amendment is not germane to the bill, which Point of Order the Speaker ruled not well taken in that the amendment and the bill deal with the same subject area.

Rep. Kenyon of Bradford raised a Point of Order that this amendment is in violation of Rule 77 in that the same language was contained in H. 672 which this House passed earlier this year, which Point of Order the Speaker ruled well taken.

Pending third reading of the bill, Rep. Freed of Dorset moved that the House propose to the Senate to amend the bill as follows:

In Sec. 1, section 2140, by adding a new subsection (c) to read:

(c) In the event the provisions of this section become relevant to any litigation, the party prevailing in that litigation, whether plaintiff or defendant, shall also be entitled to reasonable attorney's fees, in addition to any other damages, interest or costs awarded. Attorney's fees shall be approved by the presiding judge, where appropriate.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Freed of Dorset? Rep. Bjerke of Burlington raised a Point of Order that the amendment is not germane to the bill, which Point of Order the Speaker ruled not well taken in that the Senate bill deals with attorney's fees, among other issues.

Thereupon, the recurring question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Freed of Dorset, was disagreed to.

Pending third reading of the bill, Rep. Alfano of Calais moved to propose to the Senate to amend the bill as follows:

Sec. 2. 18 V.S.A. § 9418 is added to read:

§ 9418. PAYMENT FOR HEALTH CARE SERVICES

(a) As used in this section,

(2) "Claim" means any claim, bill or request for payment for all or any portion of provided health care services that is submitted by:

(A) A health care provider or a health care facility pursuant to a contract or agreement with the health plan; or

(B) A health care provider, a health care facility or a patient covered by the health plan.

(3) "Contest" means the circumstance in which the health plan was not provided with:

(A) Sufficient information needed to determine payer liability; or

(B) Reasonable access to information needed to determine the liability or basis for payment of the claim.

(b) No later than 30 days following receipt of a claim, a health plan shall do one of the following:

(1) Pay or reimburse the claim.

(1) The health plan shall within 30 days following receipt of the claim:

(A) pay or reimburse the claim; or

(2) Disputes regarding any claims under this subsection shall be resolved pursuant to the provisions of chapters 9 and 11 of Title 21.

(e) Interest shall accrue on a claim at the rate of 12 percent per annum calculated as follows:

(1) For a claim that is uncontested, from the first calendar day following the 30-day period following the date the claim is received by the health plan.

(4) For a claim that was denied, from the first calendar day after the 30-day period following the date of a final arbitration award, judgment or administrative order that found a plan to be liable for payment of the claim.

Sec. 3. EXTENSION OF SUNSET

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Alfano of Calais? Rep. Poirier of Barre 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 propose to the Senate to amend the bill as recommended by Rep. Alfano of Calais? was decided in the affirmative. Yeas, 85. Nays, 51.

Those who voted in the affirmative are:

Alberico of Rutland City

Alfano of Calais

Allard of St. Albans Town

Barbieri of Wallingford

Bjerke of Burlington

Blanchard of Essex

Bohi of Hartford

Bouricius of Burlington

Brady of Bennington

Bristol of Brattleboro

Brooks of Montpelier

Carmolli of Rutland City

Cillo of Hardwick

Coleman of Londonderry

Corren of Burlington

Costello of Brattleboro

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Deuel of West Rutland

Doyle of Richmond

Dunne of Hartland

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Fox of Essex

Freidin of New Haven

Fyfe of Newport City

Gervais of Enosburg

Gretkowski of Burlington

Heath of Westford

Hoag of Woodford

Howard of Rutland Town

Hummel of Underhill

Keenan of St. Albans City

Kehler of Pomfret

Kitzmiller of Montpelier

Klopchin of Clarendon

Kreitzer of Rutland City

Kristensen of Guilford

Lafayette of Burlington

Lippert of Hinesburg

Little of Shelburne

Mackinnon of Sharon

Mazzariello of Rutland City

McNamara of Burlington

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

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

Poirier of Barre City

Pugh of South Burlington

Rivero of Milton

Rose of Williston

Rusten of Halifax

Seibert of Norwich

Sinnott of Bennington

Smith of Sudbury

Snyder of Pittsford

Soboleski of Rockingham

Starr of Troy

Sullivan of Burlington

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Valsangiacomo of Barre City

Vincent of Waterbury

Vinton of Colchester

Waite of Pawlet

Weiss of Northfield

Wheeler of Burlington

Wisell of Bristol

Woodward of Johnson

Yarnell of Colchester

Zuckerman of Burlington

Those who voted in the negative are:

Angell of Randolph

Barney of Highgate

Bourdeau of Hyde Park

Brunelle of Winooski

Buckland of Newport Town

Clark of St. Johnsbury

Crawford of Burke

Dominick of Starksboro

Freed of Dorset

Ginevan of Middlebury

Gray of Barre Town

Hathaway of Barton

Holmes of Bethel

Houston of Ferrisburgh

Howrigan of Fairfield

Hyde of Fayston

Johnson of Canaan

Kendall of Woodstock

Kenyon of Bradford

Kinsey of Craftsbury

Knox of Northfield

Koch of Barre Town

LaBarge of Grand Isle

Larrabee of Danville

Lehman of Hartford

Lindgren of Springfield

Livingston of Manchester

Marron of Stowe

Maslack of Poultney

Mazur of South Burlington

McGrath of Ferrisburgh

Morrissey of Bennington

Palmer of Pownal

Peaslee of Guildhall

Pike of Mendon

Ranney of Castleton

Richardson of Weathersfield

Robb of Swanton

Schiavone of Shelburne

Sheltra of Derby

Simpers of Colchester

Steele of Waterbury

Suchmann of Chester

Sweetser of Essex

Towne of Berlin

Voyer of Morristown

Walker of Brownington

Westman of Cambridge

Willett of St. Albans City

Winters of Williamstown

Wood of Brandon

Young of Orwell

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

Aswad of Burlington

Baker of Randolph

Buchdahl of Georgia

Casavant of Winooski

Dwyer of Thetford

Grant of Groton

Helm of Castleton

Hudson of Lyndon

Krasnow of Charlotte

Metzger of Milton

Pembroke of Bennington

Scribner of Middlesex

Sherman of St. Johnsbury

Rep. Koch of Barre Town explained his vote as follows:

"Mr. Speaker:

I supported this proposal in committee, and I supported it on the floor. But I do not support it as an amendment to S. 49.

We passed a bill that the Senate did not have enough time to act on. To try to hang it on as an amendment to S. 49 at this point in the session, is just playing games. Some may say that's how the system works. I say that's one of the ways the system is broken."

Thereupon, the bill was read the third time and passed on a Division vote. Yeas, 71. Nays, 54.

Third Reading; Bill Passed in Concurrence

With Proposals of Amendment

S. 202

Senate bill, entitled

An act relating to enforcement of municipal civil ordinances;

Was taken up, read the third time and passed in concurrence with proposals of amendment.

Third Reading; Proposal of Amendment Agreed to and

Bill Passed in ConcurrenceWith Proposal of Amendment

S. 232

Senate bill, entitled

An act relating to recording of instruments and documents required to determine marketability of record title;

Was taken up, and pending third reading of the bill, Rep. Sinnott of Bennington moved that the House propose to the Senate to amend the bill as follows:

First: In Sec. 1, 24 V.S.A. § 1154 , by redesignating the subdivisions in subsection (b) as 1, 2, 3 and 4

Second: In Sec. 3, 24 V.S.A. § 4443(c), by adding after the citation "subsection 1154(a)" the following: or (b)

Third: In Sec. 4, 24 V.S.A. § 4496, by striking out subsection (a) in its entirety and inserting a new subsection (a) to read as follows:

(a) Except as provided in subsections (b) and (c) of this section, an action, injunction or other enforcement proceeding under sections 1974a, 4444 or 4445 of this title shall be commenced within ten years from the date the alleged violation first occurred, and not thereafter, except that for violations alleged to have first occurred after June 30, 1988 and prior to the effective date of this section, the action shall be commenced within six years of the effective date of this section, and not thereafter. The burden of proving the date the alleged violation first occurred shall be on the current owner or occupant.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Third Reading; Bill Passed in Concurrence

With Proposal of Amendment

S. 248

Senate bill, entitled

An act relating to a probationary period for new teachers;

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Action on Bill Postponed

H. 569

House bill, entitled

An act relating to the offender work program;

Was taken up and pending the reading of the report of the Committee on Institutions, on motion of Rep. Blanchard of Essex, action on the bill was postponed until the next legislative day.

Action on Bill Postponed

S. 749

Senate bill, entitled

An act relating to recover of tobacco-related Medicaid expenditures;

Was taken up and pending the question, Shall the House concur in the Senate proposal of amendment? on motion of Rep. Poirier of Barre City, action on the bill was postponed until the next legislative day.

Action on Bill Postponed

S. 73

Senate bill, entitled

An act relating to rbST labeling;

Was taken up and pending the question, Shall the House adopt the report of the Committee of Conference? on motion of Rep. Nelson of Ryegate, action on the bill was postponed until the next legislative day.

Joint Resolutions Adopted

Joint resolutions of the following titles were taken up and adopted on the part of the House.

J.R.H. 168

Joint resolution authorizing the Vermont State Debate and Forensics league;

J.R.H. 169

Joint resolution congratulating railroad companies for their initiative to find alternatives to herbicidal week control;

J.R.H. 170

Joint resolution congratulating the seventh annual North Country Moose Festival.

House Resolution Adopted

H. R. 37

House resolution relating to relating to the creation of a Vermont Commission to study preference voting;

Was taken up and adopted.

Bills Messaged to Senate Forthwith

On motion of Rep. Freed of Dorset, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

S. 202

An act relating to enforcement of municipal civil ordinances;

S. 232

An act relating to recording of instruments and documents required to determine marketability of record title;

S. 248

An act relating to a probationary period for new teachers.

Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

and Messaged to the Senate Forthwith

H. 680

On motion of Rep. Freed of Dorset, the rules were suspended and House bill, entitled

An act relating to consumption of beer and wine;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposes to the House to amend the bill as follows:

First: In Sec. 1, in §2(15) of 7 V.S.A., by adding two final sentences to read as follows: A licensed manufacturer or rectifier of vinous beverages may sell up to 2,000 gallons of vinous beverages manufactured in Vermont on invoice directlyto second class licensees. The beverages may be delivered to the second class licensee by common carrier or the manufacturer or rectifier's own vehicles

Second: By adding a new Sec. 3 to read as follows:

Sec. 3. 7 V.S.A. § 602 is amended to read:

§ 602. --EXHIBITION OF CARD

A person shall exhibit a liquor control identification card, a *[~~Vermont~~]* valid photographic operator's license*[~~, a Vermont~~]* or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport upon demand of a licensee, or of an employee of a licensee, or of a law enforcement officer*[~~, and on~~]* . On the failure of a person to produce and exhibit a liquor control identification card, a *[~~Vermont~~]* valid photographic operator's license*[~~, a Vermont~~]* or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport upon demand of a licensee the licensee shall be entitled to refuse to sell the person any alcoholic beverage. Sale or furnishing of any alcoholic beverages by a licensee to a person exhibiting a liquor control identification card, a *[~~Vermont~~]* valid photographic operator's license*[~~, a Vermont~~]* or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport bearing the photograph and signature of the person shall be prima facie evidence of such licensee's compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors.

Third: By adding three new sections to the bill, to be numbered Secs. 4, 5 and 6 to read as follows:

Sec. 4. 7 V.S.A. § 2(30) is added to read:

(30) "Home-fermented beverages" means malt or vinous beverages produced at home and not for sale.

Sec. 5. 7 V.S.A. § 65 is added to read:

§ 65. HOME-FERMENTED MALT AND VINOUS BEVERAGES; TASTING EVENT

(a) A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home-fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§ 5053 and 5042.

(b) Home-fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition or competition held for home-fermented beverages, provided all the following conditions are met:

(1) The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event. The notice shall include a description of the delineated area in which the tastings will be offered.

(2) The public is not charged a fee for the tastings or for admission to the event, exhibition or competition. However, the sponsor may charge a fee to the producers of home-fermented beverages for their participation in the event.

(3) Tastings of home-fermented beverages are offered only within the delineated area specified in the notice to the department.

(4) The home-fermented beverages are served only to individuals of legal age.

(5) No home-fermented beverages are served to any individual who is apparently under the influence of alcohol.

(6) No more than two ounces of any single vinous beverage and no more than four ounces of any single malt beverage is provided to any individual for tasting.

(7) The sponsor has provided an individual who has successfully completed the department's enforcement seminar within the preceding three years to be present at all times to monitor the event and ensure compliance with applicable rules and provisions of this chapter.

(c) A person who sponsors an organized event, exhibition or competition under this section or participates in the event as a producer of home-fermented beverages who violates any provision of this section may be fined not more than $1,000.00.

Sec. 6. 7 V.S.A. § 2(31) is added to read:

(31) "Legal age" means 21 years of age or older.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Morrissey of Bennington 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. Molloy of Arlington

Rep. Morrissey of Bennington

Rep. Bouricius of Burlington

On motion of Rep. Freed of Dorset, the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Action on Bill Postponed

H. 776

On motion of Rep. Freed of Dorset , the rules were suspended and House bill, entitled

An act relating to the charter of the Bennington School district;

Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Howrigan of Fairfield, for the committee on Local Government reported favorably, the bill was read the second time and pending the question, Shall the bill be read a third time? on motion of Rep. Howrigan of Fairfield, action on the bill was postponed until the next legislative day.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 198

On motion of Rep. Freed of Dorset, the rules were suspended and House bill, entitled

An act relating to eligibility for licensure as a clinical mental health counselor;

Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Parizo of Essex, for the Committee on Government Operations, to which had been referred Senate bill, entitled

Reported in favor of its passage in concurrence with proposal of amendment as follows:

First: In Sec. 1, subsection (d), on page 1 line 14, by striking the phrase "July 1, 2002" and inserting in lieu thereof "September 1, 2001"

Second: In Sec. 1, subsection (d), on page 2 line 3, by striking the figure "1997" and inserting in lieu thereof the figure "1999"

Thereupon, the bill was read the second time and the recommendation ofamendment offered by the committee on Government Operations was agreed to and third reading ordered.

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 bill originating in the House of the following title:

H. 359. An act relating to certification of athletic trainers.

And has passed the same in concurrence.

The Senate has considered a bills originating in the House of the following titles:

H. 101. 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.

H. 594. An act relating to creating new revolving funds for the improvement and protection of public water supplies.

H. 766. An act relating to the charter of the city of Burlington.

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 a joint resolution originating in the House of the following title:

J.R.H. 166. Joint resolution commemorating the 20th anniversary of Camp E-Wen-Akee in Benson, Vermont.

And has adopted the same in concurrence.

The Senate has considered House proposal of amendment to Senate proposal of amendment to House bill of the following title:

H. 621. An act relating to development of a disaster.

And has concurred therein.

Pursuant to the request of the House for a Committee of Conference on the disagreeing votes of the two Houses on House bill entitled:

H. 475. An act relating to criminal record checks of education employees

The President has appointed as members of such Committee on the part of the Senate

Senator Chard

Senator Ankeney

Senator Maynard

Adjournment

At eleven o'clock and fifty-two minutes in the forenoon, on motion of Rep. Fyfe of Newport City, the House adjourned until Monday, April 13, 1998, at one o'clock in the afternoon.