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FRIDAY, FEBRUARY 4, 2000
At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Reverend Wayne Jones of the United Methodist Church in Northfield.
Message from the 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 adopted joint resolutions of the following titles:
J.R.S. 78. Joint resolution relating to the need for national leadership to address the high cost of medically necessary prescription drugs.
J.R.S. 79. Joint resolution relating to weekend adjournment.
J.R.S. 80. Joint resolution relating to federal preemption of Vermont's consumer protection standards and regulation of health insurance
In the adoption of which the concurrence of the House is requested.
The Senate has considered joint resolutions originating in the House of the following titles:
J.R.H. 172. Joint resolution relating to a joint VT-NH legislative resolution on Connecticut River cooperation.
J.R.H. 173. Joint resolution in memory of former Representative Merritt I. Thomas.
J.R.H. 174. Joint resolution in memory of Howard Shortsleeve, Jr.
J.R.H. 175. Joint resolution authorizing the Vermont Association of Education Office Professionals to hold its 2000 annual meeting in the State House.
And has adopted the same in concurrence.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate O'Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the third day of February, 2000, he approved and signed a bill originating in the House of the following title:
H. 255 An act relating to the requirement of 30 or more signatures in union school board nomination petitions
House Bills Introduced
House bills of the following titles were severally introduced, read the first time and referred or placed on the Calendar as follows:
H. 831
By the committee on Local Government,
An act relating to processing small claims court fees;
Under the rule, placed on the Calendar for notice.
H. 832
By the committee on Fish, Wildlife and Water Resources,
An act relating to access areas for nonmotorized boats;
Under the rule, placed on the Calendar for notice.
H. 833
By Reps. Hooker of Rutland City, Alfano of Calais, Aswad of Burlington, Buckland of Newport Town, Cross of Winooski, Emmons of Springfield, Hummel of Underhill, Jordan of Middlesex, Kehler of Pomfret, Kitzmiller of Montpelier, Krasnow of Charlotte, Kreitzer of Rutland City, Lafayette of Burlington, Mazzariello of Rutland City, McNamara of Burlington, Milkey of Brattleboro, Miller of Shaftsbury, Morrissey of Bennington, Nuovo of Middlebury, Osman of Plainfield, Partridge of Windham, Poirier of Barre City, Postman of Brownington, Pugh of South Burlington, Seibert of Norwich, Smith of Sudbury, Stevens of Newbury, Suchmann of Chester, Sullivan of Burlington, Vinton of Colchester, Westman of Cambridge and Zuckerman of Burlington,
An act relating to early intervention for at-risk children between zero and five years of age;
To the committee on Health and Welfare.
House Resolution Referred to Committee
H. R. 34
Reps. Schiavone of Shelburne, Starr of Troy, Allard of St. Albans Town, Angell of Randolph, Atkins of Winooski, Baker of West Rutland, Barney of Highgate, Blanchard of Essex, Bourdeau of Hyde Park, Brown of Walden, Buckland of Newport Town, Clark of St. Johnsbury, Cleland of Northfield, Crawford of Burke, DePoy of Rutland, Flory of Pittsford, Follett of Springfield, Freed of Dorset, Fyfe of Newport City, Gervais of Enosburg, Gray of Barre Town, Gretkowski of Burlington, Hathaway of Barton, Helm of Castleton, Hoag of Woodford, Holmes of Bethel, Houston of Ferrisburgh, Howrigan of Fairfield, Hube of Londonderry, Hudson of Lyndon, Johnson of Canaan, Kinsey of Craftsbury, Koch of Barre Town, Krawczyk of Bennington, LaBarge of Grand Isle, Larocque of Barnet, Larrabee of Danville, Lehman of Hartford, Marron of Stowe, Maslack of Poultney, Mazur of South Burlington, McGrath of Ferrisburgh, McNamara of Burlington, Metzger of Milton, Morrissey of Bennington, Mullin of Rutland Town, Neiman of Georgia, O'Donnell of Vernon, Palmer of Pownal, Peaslee of Guildhall, Pembroke of Bennington, Pike of Mendon, Quaid of Williston, Richardson of Weathersfield, Robb of Swanton, Rogers of Castleton, Schaefer of Colchester, Severance of Colchester, Sherman of St. Johnsbury, Smith of New Haven, Sweetser of Essex, Towne of Berlin, Valsangiacomo of Barre City, Willett of St. Albans City, Winters of Williamstown, Wisell of Bristol, Wood of Brandon and Young of Orwell offered a House resolution, entitled
House resolution relating to the Supreme Court ruling in Baker v. State of Vermont;
Whereas, the Supreme Court stated that, "the evidence demonstrates a clear legislative assumption that marriage under our statutory scheme consists of a union between a man and a woman" and "that there is no doubt that the plain and ordinary meaning of `marriage' is the union of one man and one woman as husband and wife," and
Whereas, the Supreme Court found that statutes that exclude anyone who wishes to marry someone of the same sex does not contravene Chapter I, Article 7th of the Vermont Constitution, and that inclusion of same sex couples in marriage law is not necessary for the continued constitutionality of our current law, provided an analogous statutory alternative exists, and
Whereas, the legislature recognizes the need to unify the electorate on this most difficult issue, and is appreciative of the Supreme Court's recognition of the primacy of the legislature in deciding how their rulings shall be carried out, now therefore be it
Resolved by the House of Representatives:
That the legislature will direct its efforts toward addressing the Supreme Court's opinion while reaffirming and sustaining the definition and positive values of traditional marriage and protecting them from alteration by actions taken in other states.
Which was read and, in the Speaker's discretion, referred to the committee on Judiciary.
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.S. 78
By Senators Morrissey, Sears, Ankeney, Bloomer, Brownell, Canns, Chard, Crowley, Cummings, Doyle, Greenwood, Ide, Leddy, MacDonald, Maynard, Mazza, McCormack, Munt, Ptashnik, Riehle, Rivers, and Shumlin,
Joint resolution relating to the need for national leadership to address the high cost of medically necessary prescription drugs.
Whereas, medically necessary prescription drugs are unaffordable for many Americans, especially seniors, the disabled, and the uninsured, and
Whereas, prescription drugs are a major factor in escalating health care cost inflation trends for private and public health insurance plans, and state Medicaid programs, and
Whereas, the United States stands virtually alone among the major economies of the world in recognizing and protecting the legitimate patent rights of companies that discover new prescription drugs, but in placing no reciprocal obligations on such companies to provide reasonable and affordable access to those patented drugs, and
Whereas, the United States Congress has enacted legislation protecting its financial interests in connection with prescription drug costs, such as through the Medicaid rebate program and through the Federal Supply Schedule for the veterans' health benefit plan, but has refused to grant similar powers to the states to allow them to protect their interests and the health and welfare of their citizens, and
Whereas, while states are aggressively pursuing promising strategies to lower prescription drug prices, the federal government can address the problem of high prescription drug costs more easily than the states because of the multistate and international nature of the pharmaceutical industry, and the complex marketplace for prescription drugs, and
Whereas, the problem of high prescription drug costs is a national problem calling for leadership at the national level, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the State of Vermont hereby calls upon the United States Congress and the President to lead the nation, and immediately address the problem of high prescription drug costs for all Americans, and be it further
Resolved: That the Secretary of State is directed to send a copy of this resolution to the House and the Senate of each state, with a request that a similar resolution be adopted in each of the 50 states no later than July 1, 2000, and with notification that Vermont will undertake to deliver on July 4, 2000, a copy of all resolutions to the United States Congress, the President of the United States, and the Congressional Delegation of each of the states that have adopted the resolution.
J.R.S. 80
By the Committee on Finance,
Joint resolution relating to federal preemption of Vermont's consumer protection standards and regulation of health insurance.
Whereas, Vermont has traditionally had the authority to regulate insurance providers operating in this state and has exercised this authority with great care and diligence, and
Whereas, Vermont has established an integrated set of statutes to protect consumers and insure adequate insurance coverage is available to all Vermonters, and
Whereas, Vermont has the experience and expertise to regulate health insurance organizations, and
Whereas, the Congress of the United States is considering legislation that would allow association health plans, HealthMarts, and multiple employer welfare arrangements (MEWA's) to avoid these well-thought-out state regulations, and
Whereas, the Congress of the United States is also considering legislation which would preempt Vermont's carefully crafted external appeals process, and could undermine Vermont's authority to resolve consumer grievances and enforce consumer protection laws, and
Whereas, adequate consumer safeguards are not available, absent these state regulations, and
Whereas, Vermont's approach to ensuring access to affordable health care insurance would be undermined by this legislation, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly opposes any effort to reduce or restrict Vermont's traditional authority to regulate insurance providers and protect consumers, and be it further
RESOLVED: That the General Assembly strongly urges the members of the Vermont Congressional Delegation to vigorously oppose any legislation that would weaken Vermont's authority to regulate insurance providers and protect consumers, and be it further
RESOLVED: That the Secretary of State send a copy of this resolution to each member of the Vermont Congressional Delegation.
Joint Resolution Adopted in Concurrence
J.R.S. 79
The Speaker placed before the House a joint resolution, entitled
Joint resolution relating to weekend adjournment.
By Senator Shumlin,
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That when the two Houses adjourn on Friday, February 4, 2000, it be to meet again no later than Tuesday, February 8, 2000, at ten o'clock in the forenoon.
Which was read and adopted in concurrence.
Petition Referred to Committee
The Speaker placed before the House the following Petition, which was referred to the committee on Judiciary.
"PETITION REGARDING TRADITIONAL MARRIAGE
This Petition is directed to Governor Howard Dean
and to members of the Legislature of the State of Vermont
We stand opposed to any legislation in support of same-sex marriage and/or domestic partnerships. We, the undersigned, believe that traditional marriage is sacred and is intended by God only to be between a man and a woman. We ask you to reject the improper reasoning and demands that have been made by the Vermont Supreme Court to the Legislature, to stand up for what is right and to show the moral courage and leadership that we expect from you.
PETITIONERS:
"Signed: Muriel Burgen, et al
Remarks Journalized
On motion of Rep. Stevens of Newbury, the following remarks by Rep. Partridge of Windham were ordered printed in the Journal:
"Mr. Speaker:
Whose birthday this is, I'm sure I know.
His "House" is in Montpelier, though.
He'll clearly mind me stopping here
To make his birthday a bit of a show.
His friendship I hold very dear.
His character just has no peer.
His car, well heck, it always breaks.
Buy a new car, Obie, for goodness sakes.
A harder worker I've never known.
As a compassionate human, he stands alone.
His care for Vermonters is very deep.
To large dogs, he throws a bone (or me).
You're 48, but do not weep.
There's work to do, promises to keep.
The climb is long, the road is steep
And we've miles to go before we sleep."
Third Reading; Bills Passed
House bills of the following titles were severally taken up, read the third time and passed:
H. 768
An act relating to recording and reporting local indebtedness;
H. 772
An act relating to the hospital budget review process.
Favorable Reports; Third Reading Ordered
H. 636
An act relating to creating a qualified escrow fund for tobacco manufacturers not participating in the tobacco master settlement agreement;
Was taken up. Rep. Kitzmiller of Montpelier, for the committee on Health and Welfare, and Rep. Milne of Washington, for the committee on Ways and Means, reported favorably, the bill was read the second time and third reading ordered.
Adjournment
At ten o'clock in the forenoon, on motion of Rep. Fyfe of Newport City, the House adjourned until Tuesday, February 8, 2000, at ten o'clock in the forenoon, pursuant to the provisions of J.R.S. 79.