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Journal of the House

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THURSDAY, MARCH 16, 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 Stephen Doe of the Covenant Orthodox Presbyterian Church in Barre.

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 passed Senate bill of the following title:

S. 283. An act relating to the use of heart defibrillator machines with appropriate training.

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

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

H. 204. An act relating to standards for privatization of state jobs.

H. 234. An act relating to student members of the state board of education.

H. 597. An act relating to children working at baseball games.

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 bills originating in the House of the following titles:

H. 768. An act relating to recording and reporting local indebtedness.

H. 786. An act relating to election of road commissioners.

And has passed the same in concurrence.

Senate Bill Referred

S. 283

Senate bill, entitled

An act relating to the use of heart defibrillator machines with appropriate training;

Was taken up, read the first time and referred to the committee on Health and Welfare.

Joint Resolution Adopted

J.R.H. 205

Joint resolution urging Congress to fully subsidize all absentee ballot postal costs;

Was taken up and adopted on the part of the House.

Action on Joint Resolution Postponed

Until the End of the Orders of the Day

J.R.H. 206

Joint resolution, entitled

Joint resolution relating to Plymouth cheese factory

Was taken up and pending the question, Shall the resolution be adopted? on motion of Rep. Wood of Brandon, action on the bill was postponed until the end of the Orders of the Day.

Bill Amended; Third Reading Ordered

H. 540

Rep. Anderson of Woodstock, for the committee on Commerce, to which had been referred House bill, entitled

An act relating to waiting period and holidays and payment of unemployment compensation benefits;

Reported in favor of its passage when amended as follows:

By striking Sec. 2 in its entirety.

The Committee further recommends that after passage the title of the bill be amended to read: AN ACT RELATING TO HOLIDAYS AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFITS

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Commerce agreed to and third reading ordered.

Consideration Interrupted by Recess

H. 847

House bill, entitled

An act relating to civil unions;

Was taken up and pending third reading of the bill, Reps. Schiavone of Shelburne and Starr of Troy, moved to amend the bill as follows:

First: Sec. 23a. 15 V.S.A. § 1 is amended to read:

§ 1. MAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER MAN

A man shall not marry his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister *[or]*, mother's sister or another man.

Sec. 23b. 15 V.S.A. § 2 is amended to read:

§ 2. WOMAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER

WOMAN

A woman shall not marry her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother *[or]*, mother's brother or another woman.

Second: Sec. 24a. 15 V.S.A. § 5 is amended to read:

§ 5. MARRIAGE ENTERED INTO IN ANOTHER STATE

(a) If a person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and such person goes into another state or country and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state.

(b) This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction regarding legal marriage that does not also meet the requirements of sections 1, 2 and 1201(5) of Title 15.

Rep. Schiavone of Shelburne asked that the question be divided and that the first recommendation of amendment be taken up first.

Pending the question, Shall the House amend the bill as recommended by Reps. Schiavone of Shelburne and Starr of Troy in the first instance? Reps. Hyde of Fayston, and Marron of Stowe, moved to substitute an amendment for the first recommendation of amendment offered by Reps. Schiavone of Shelburne and Starr of Troy, as follows:

On page 7, following line 6, by inserting the following:

(5) "Marriage" means the legally recognized union of one man and one woman.

Which was agreed to.

Thereupon, the first recommendation of amendment offered by Reps. Schiavone of Shelburne and Starr of Troy, as substituted, was agreed to.

Pending the question, Shall the House amend the bill as recommended by Reps. Schiavone of Shelburne and Starr of Troy as recommended in the second instance? Rep. Schiavone of Shelburne demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Reps. Schiavone of Shelburne and Starr of Troy as recommended in the second instance? was decided in the negative. Yeas, 55. Nays, 89.

Those who voted in the affirmative are:

Allard of St. Albans Town

Angell of Randolph

Baker of West Rutland

Barney of Highgate

Blanchard of Essex

Brown of Walden

Buckland of Newport Town

Clark of St. Johnsbury

Cleland of Northfield

Crawford of Burke

DePoy of Rutland

Deuel of West Rutland

Flory of Pittsford

Gray of Barre Town

Gretkowski of Burlington

Helm of Castleton

Holmes of Bethel

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Koch of Barre Town

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

Maslack of Poultney

Mazur of South 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

Perry of Richford

Pike of Mendon

Quaid of Williston

Randall of Bradford

Richardson of Weathersfield

Robb of Swanton

Rogers of Castleton

Schiavone of Shelburne

Sheltra of Derby

Sherman of St. Johnsbury

Smith of New Haven

Starr of Troy

Towne of Berlin

Valsangiacomo of Barre City

Waite of Pawlet

Willett of St. Albans City

Winters of Williamstown

Wood of Brandon

Young of Orwell

Those who voted in the negative are:

Alfano of Calais

Anderson of Woodstock

Aswad of Burlington

Atkins of Winooski

Barbieri of Wallingford

Bouricius of Burlington

Bristol of Brattleboro

Brooks of Montpelier

Carmolli of Rutland City

Colvin of Bennington

Corren of Burlington

Costello of Brattleboro

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Follett of Springfield

Fox of Essex

Freed of Dorset

Fyfe of Newport City

Ginevan of Middlebury

Hathaway of Barton

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Hummel of Underhill

Hyde of Fayston

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Krasnow of Charlotte

Kreitzer of Rutland City

LaBarge of Grand Isle

Lafayette of Burlington

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Masland of Thetford

Mazzariello of Rutland City

McGrath of Ferrisburgh

McNamara of Burlington

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

Nitka of Ludlow

Nuovo of Middlebury

Osman of Plainfield

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Rivero of Milton

Schaefer of Colchester

Seibert of Norwich

Severance of Colchester

Smith of Sudbury

Steele of Waterbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Sweetser of Essex

Symington of Jericho

Tracy of Burlington

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Weiss of Northfield

Westman of Cambridge

Wheeler of Burlington

Wisell of Bristol

Woodward of Johnson

Zuckerman of Burlington

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

Bourdeau of Hyde Park

Gervais of Enosburg

Hoag of Woodford

Keenan of St. Albans City

Rusten of Halifax

Rep. Young of Orwell explained his vote as follows:

"Mr. Speaker:

Beware, the strongly organized opposition to this amendment proves but one thing to me. Many in this room don't want legislative intent in statute to cause them any problem in reaching their truly intended goal in Vermont."

Recess

At twelve o'clock and forty minutes in the afternoon, the Speaker declared a recess until one o'clock and forty-five minutes in the afternoon.

Afternoon

At one o'clock and forty-five minutes in the afternoon, the Speaker called the House to order.

Consideration Resumed; Bill Amended;

Read the Third Time and Passed

H. 847

Consideration resumed on House bill, entitled

An act relating to civil unions;

Pending third reading of the bill, Rep. Maslack of Poultney moved to amend the bill as follows:

First: In Sec. 5, page 14, after line 3, by adding a new statutory section, 18 V.S.A. § 5160a, to read as follows:

§ 5160a. MEDICAL CERTIFICATE

(a) Before a town clerk may accept an application for a civil union license, each party to the proposed civil union shall present the clerk with a medical certificate that states that the applicant has submitted to a serological test for the Human Immunodeficiency Virus (HIV) within 30 days prior to the application of the civil union license.

(b) The medical certificate shall state the name of the applicant and the results of the HIV test. A medical professional from the facility or laboratory where the test was administered shall sign and date the certificate.

(c) The clerk shall not retain the medical certificate, but shall review the certificate to ascertain its validity and return the certificate to the applicant.

(d) A clerk shall not issue a civil union license if one of the applicants tests positive for HIV and the other applicant tests negative for HIV. However, if both applicants test negative for HIV or both applicants test positive for HIV, a license shall be issued if the applicants otherwise meet the requirements for a civil union license.

(e) The commissioner of health shall prepare a medical certificate form and distribute such forms to all medical facilities that provide HIV testing services.

(f) A clerk shall not disclose the HIV status of any person who applies for a civil union license. A clerk who discloses an applicant's HIV status without authorization shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(g) A person making application to a clerk for a civil union license who knowingly provides false information regarding the HIV status of either party to the intended civil union shall be deemed guilty of perjury.

Second: By adding a new Sec. 24a to read as follows:

Sec. 24a. 18 V.S.A. § 5132 is added to read:

§ 5132. MEDICAL CERTIFICATE

(a) Before a town clerk may accept an application for a marriage license, each party to the proposed marriage shall present the clerk with a medical certificate that states that the applicant has submitted to a serological test for the Human Immunodeficiency Virus (HIV) within 30 days prior to the application of the marriage license.

(b) The medical certificate shall state the name of the applicant and the results of the HIV test. A medical professional from the facility or laboratory where the test was administered shall sign and date the certificate.

(c) The clerk shall not retain the medical certificate, but shall review the certificate to ascertain its validity and return the certificate to the applicant.

(d) A clerk shall not issue a marriage license if one of the applicants tests positive for HIV and the other applicant tests negative for HIV. However, if both applicants test negative for HIV or both applicants test positive for HIV, a license shall be issued if the applicants otherwise meet the requirements for a marriage license.

(e) The commissioner of health shall prepare a medical certificate form and distribute such forms to all medical facilities that provide HIV testing services.

(f) A clerk shall not disclose the HIV status of any person who applies for a marriage license. A clerk who discloses an applicant's HIV status without authorization shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(g) A person making application to a clerk for a marriage license who knowingly provides false information regarding the HIV status of either party to the intended marriage shall be deemed guilty of perjury.

Pending the question, Shall the House amend the bill as recommended by Rep. Maslack of Poultney? Rep. Maslack of Poultney 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. Maslack of Poultney? was decided in the negative. Yeas, 2. Nays, 136.

Those who voted in the affirmative are:

Maslack of Poultney

Sheltra of Derby

Those who voted in the negative are:

Alfano of Calais

Allard of St. Albans Town

Anderson of Woodstock

Angell of Randolph

Aswad of Burlington

Atkins of Winooski

Baker of West Rutland

Barbieri of Wallingford

Barney of Highgate

Blanchard of Essex

Bouricius of Burlington

Bristol of Brattleboro

Brooks of Montpelier

Brown of Walden

Buckland of Newport Town

Carmolli of Rutland City

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Corren of Burlington

Crawford of Burke

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

DePoy of Rutland

Deuel of West Rutland

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Flory of Pittsford

Follett of Springfield

Fox of Essex

Freed of Dorset

Gervais of Enosburg

Ginevan of Middlebury

Gretkowski of Burlington

Hathaway of Barton

Heath of Westford

Helm of Castleton

Hingtgen of Burlington

Holmes of Bethel

Hooker of Rutland City

Houston of Ferrisburgh

Hube of Londonderry

Hudson of Lyndon

Hummel of Underhill

Hyde of Fayston

Johnson of Canaan

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Koch of Barre Town

Krasnow of Charlotte

Krawczyk of Bennington

Kreitzer of Rutland City

LaBarge of Grand Isle

Lafayette of Burlington

Larrabee of Danville

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Masland of Thetford

Mazur of South Burlington

Mazzariello of Rutland City

McGrath of Ferrisburgh

McNamara of Burlington

Metzger of Milton

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

Morrissey of Bennington

Mullin of Rutland Town

Neiman of Georgia

Nitka of Ludlow

Nuovo of Middlebury

Osman of Plainfield

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Peaslee of Guildhall

Pembroke of Bennington

Perry of Richford

Pike of Mendon

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Quaid of Williston

Randall of Bradford

Rivero of Milton

Robb of Swanton

Rogers of Castleton

Rusten of Halifax

Schaefer of Colchester

Schiavone of Shelburne

Seibert of Norwich

Severance of Colchester

Sherman of St. Johnsbury

Smith of New Haven

Smith of Sudbury

Starr of Troy

Steele of Waterbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Sweetser of Essex

Symington of Jericho

Towne of Berlin

Tracy of Burlington

Valsangiacomo of Barre City

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Waite of Pawlet

Weiss of Northfield

Westman of Cambridge

Wheeler of Burlington

Willett of St. Albans City

Winters of Williamstown

Wisell of Bristol

Wood of Brandon

Woodward of Johnson

Young of Orwell

Zuckerman of Burlington

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

Bourdeau of Hyde Park

Costello of Brattleboro

Fyfe of Newport City

Gray of Barre Town

Hoag of Woodford

Howrigan of Fairfield

Keenan of St. Albans City

Larocque of Barnet

O'Donnell of Vernon

Palmer of Pownal

Richardson of Weathersfield

Rep. Randall of Bradford explained his vote as follows:

"Mr. Speaker:

The intent of this amendment is supportable to inform potential partners. But I believe it to be poorly drafted and goes far beyond intent. I don't want the state making personal decisions for anyone."

Pending third reading of the bill, Rep. Angell of Randolph moved to amend the bill as follows:

On page 9, line 5, by adding the following:

, (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety)

Pending the question, Shall the House amend the bill as recommended by Rep. Angell of Randolph? Rep. Deuel of West Rutland moved to recommit the bill to the committee on Judiciary.

Pending the question, Shall the House recommit the bill to the committee on Judiciary? Rep. Little of Shelburne moved to make a nondebatable question debatable.

Pending the question, Shall the House make a nondebatable question, debatable? Rep. Little of Shelburne 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 make a nondebatable question, debatable? was decided in the affirmative. Yeas, 140. Nays, 6. 110 votes needed to pass.

Those who voted in the affirmative are:

Alfano of Calais

Allard of St. Albans Town

Anderson of Woodstock

Angell of Randolph

Aswad of Burlington

Atkins of Winooski

Baker of West Rutland

Barbieri of Wallingford

Barney of Highgate

Blanchard of Essex

Bristol of Brattleboro

Brooks of Montpelier

Brown of Walden

Carmolli of Rutland City

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Corren of Burlington

Costello of Brattleboro

Crawford of Burke

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

DePoy of Rutland

Deuel of West Rutland

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Flory of Pittsford

Follett of Springfield

Fox of Essex

Freed of Dorset

Gervais of Enosburg

Ginevan of Middlebury

Gretkowski of Burlington

Hathaway of Barton

Heath of Westford

Helm of Castleton

Hingtgen of Burlington

Hoag of Woodford

Holmes of Bethel

Hooker of Rutland City

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Hummel of Underhill

Hyde of Fayston

Johnson of Canaan

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Krasnow of Charlotte

Krawczyk of Bennington

Kreitzer of Rutland City

LaBarge of Grand Isle

Lafayette of Burlington

Larocque of Barnet

Larrabee of Danville

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Maslack of Poultney

Masland of Thetford

Mazur of South Burlington

Mazzariello of Rutland City

McGrath of Ferrisburgh

McNamara of Burlington

Metzger of Milton

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

Morrissey of Bennington

Mullin of Rutland Town

Neiman of Georgia

Nitka of Ludlow

Nuovo of Middlebury

O'Donnell of Vernon

Osman of Plainfield

Palmer of Pownal

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Peaslee of Guildhall

Pembroke of Bennington

Perry of Richford

Pike of Mendon

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Quaid of Williston

Randall of Bradford

Richardson of Weathersfield

Rivero of Milton

Robb of Swanton

Rogers of Castleton

Rusten of Halifax

Schaefer of Colchester

Schiavone of Shelburne

Seibert of Norwich

Severance of Colchester

Sheltra of Derby

Sherman of St. Johnsbury

Smith of New Haven

Smith of Sudbury

Starr of Troy

Steele of Waterbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Sweetser of Essex

Symington of Jericho

Towne of Berlin

Tracy of Burlington

Valsangiacomo of Barre City

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Waite of Pawlet

Westman of Cambridge

Wheeler of Burlington

Willett of St. Albans City

Winters of Williamstown

Wisell of Bristol

Wood of Brandon

Woodward of Johnson

Young of Orwell

Zuckerman of Burlington

Those who voted in the negative are:

Bouricius of Burlington

Buckland of Newport Town

Deen of Westminster

Gray of Barre Town

Koch of Barre Town

Weiss of Northfield

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

Bourdeau of Hyde Park

Fyfe of Newport City

Keenan of St. Albans City

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

"Mr. Speaker:

Not only on this bill, but on virtually every other bill, I vote "no" on a motion to make a nondebatable question debatable. Every rule exists for a reason, and some procedural questions are properly decided without debate. Our frequent practice of suspending the rules in this regard makes the House less efficient and no more democratic. We are wasting time."

Pending the question, Shall the bill be recommitted? Rep. Deuel of West Rutland demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill be recommitted? was decided in the negative. Yeas, 53. Nays, 92.

Those who voted in the affirmative are:

Allard of St. Albans Town

Angell of Randolph

Baker of West Rutland

Barney of Highgate

Brown of Walden

Clark of St. Johnsbury

Cleland of Northfield

DePoy of Rutland

Deuel of West Rutland

Freed of Dorset

Gray of Barre Town

Gretkowski of Burlington

Hathaway of Barton

Helm of Castleton

Hoag of Woodford

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

Maslack of Poultney

Mazur of South Burlington

Mazzariello of Rutland City

McGrath of Ferrisburgh

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

Quaid of Williston

Randall of Bradford

Richardson of Weathersfield

Robb of Swanton

Rogers of Castleton

Schiavone of Shelburne

Sheltra of Derby

Sherman of St. Johnsbury

Smith of New Haven

Starr of Troy

Sweetser of Essex

Towne of Berlin

Valsangiacomo of Barre City

Waite of Pawlet

Willett of St. Albans City

Winters of Williamstown

Wood of Brandon

Young of Orwell

Those who voted in the negative are:

Alfano of Calais

Anderson of Woodstock

Aswad of Burlington

Atkins of Winooski

Barbieri of Wallingford

Blanchard of Essex

Bouricius of Burlington

Bristol of Brattleboro

Brooks of Montpelier

Buckland of Newport Town

Carmolli of Rutland City

Colvin of Bennington

Corren of Burlington

Costello of Brattleboro

Crawford of Burke

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Flory of Pittsford

Follett of Springfield

Fox of Essex

Gervais of Enosburg

Ginevan of Middlebury

Heath of Westford

Hingtgen of Burlington

Holmes of Bethel

Hooker of Rutland City

Hummel of Underhill

Hyde of Fayston

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Koch of Barre Town

Krasnow of Charlotte

Kreitzer of Rutland City

LaBarge of Grand Isle

Lafayette of Burlington

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Masland of Thetford

McNamara of Burlington

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

Nitka of Ludlow

Nuovo of Middlebury

Osman of Plainfield

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Perry of Richford

Pike of Mendon

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Rivero of Milton

Rusten of Halifax

Schaefer of Colchester

Seibert of Norwich

Severance of Colchester

Smith of Sudbury

Steele of Waterbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Weiss of Northfield

Wheeler of Burlington

Wisell of Bristol

Woodward of Johnson

Zuckerman of Burlington

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

Bourdeau of Hyde Park

Fyfe of Newport City

Keenan of St. Albans City

Westman of Cambridge

The recurring question, Shall the bill be amended as recommended by Rep. Angell of Randolph? was agreed to.

Pending third reading of the bill, Rep. Helm of Castleton moved to amend the bill as follows:

In Sec. 5, page 14, line 5, by inserting the following at the beginning of the first sentence: "(a)" and after line 8, by inserting new subdivisions (b) and (c) to read as follows:

(b) If a town clerk conscientiously or morally objects to the issuance of a civil union license, the clerk may refuse to issue the license to the applicants even if the applicants are otherwise qualified under the laws of the state to apply for a civil union license. Applicants who are denied a license based upon a town clerk's conscientious or moral objection, may apply for and receive a civil union license from any town clerk in the state.

(c) If a town clerk conscientiously or morally objects to the issuance of a civil union license, the clerk shall register with the secretary of state. The secretary of state shall keep a record of the towns that do not issue civil union licenses.

Which was disagreed to.

Pending third reading of the bill, Rep. Seibert of Norwich moved to amend the bill as follows:

First: In Sec. 2, page 6, line 10, subsection (b), after the following: "blood-relatives" by inserting the following: "or relatives related by adoption"

Second: In Sec. 26, page 31, lines 20 and 21, subsection (a), after the following: "blood-relatives" by inserting the following: "or related by adoption"

Third: In Sec. 26, page 33, line 12, subdivision (3), after the following: "by blood" by inserting the following" "or by adoption"

Which was agreed to.

Pending third reading of the bill, Rep. Severance of Colchester moved to amend the bill as follows:

In Sec. 37, by striking subdivision (c)(3) in its entirety and renumbering the remaining subdivisions to be numerically correct

Which was agreed to.

Pending third reading of the bill, Rep. Schiavone of Shelburne moved to amend the bill as follows:

First: In Sec 3, in §1202, on page 7, after line 13, by inserting the following:

(4) Be a resident of Vermont.

Second: In Sec. 5, in §5160 (a), on page 12, in line 20, by striking all after the period, and on page 13, by striking lines 1 and 2, and by inserting in lieu thereof the following: "The license shall be issued by the clerk of the municipality in which either party resides."

Which was disagreed to.

Pending third reading of the bill, Reps. Perry of Richford, Allard of St. Albans Town, Barney of Highgate, Deuel of West Rutland, Howrigan of Fairfield, Schiavone of Shelburne and Valsangiacomo of Barre City moved to amend the bill as follows:

By adding two new sections to read as follows:

Sec. 23a. 15 V.S.A. § 1 is amended to read:

§ 1. MAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER MAN

A man shall not marry his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister *[or]*, mother's sister or another man.

Sec. 23b. 15 V.S.A. § 2 is amended to read:

§ 2. WOMAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER

WOMAN

A woman shall not marry her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother *[or]*, mother's brother or another woman.

Rep. Deen of Westminster raised a Point of Order that the proposal of amendment is not germane to the bill, which Point of Order the Speaker ruled not well taken.

Pending the question, Shall the House amend the bill as recommended by Reps. Perry of Richford, et al? Rep. Perry of Richford demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Reps. Perry of Richford, et al? was decided in the negative. Yeas, 62. Nays, 83.

Those who voted in the affirmative are:

Allard of St. Albans Town

Angell of Randolph

Baker of West Rutland

Barney of Highgate

Blanchard of Essex

Brown of Walden

Clark of St. Johnsbury

Cleland of Northfield

Crawford of Burke

DePoy of Rutland

Deuel of West Rutland

Flory of Pittsford

Freed of Dorset

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

Hyde of Fayston

Johnson of Canaan

Koch of Barre Town

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

Maslack of Poultney

Mazur of South Burlington

McGrath of Ferrisburgh

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

Perry of Richford

Pike of Mendon

Quaid of Williston

Randall of Bradford

Richardson of Weathersfield

Robb of Swanton

Rogers of Castleton

Schaefer of Colchester

Schiavone of Shelburne

Sheltra of Derby

Sherman of St. Johnsbury

Smith of New Haven

Starr of Troy

Sweetser of Essex

Towne of Berlin

Valsangiacomo of Barre City

Waite of Pawlet

Weiss of Northfield

Willett of St. Albans City

Winters of Williamstown

Wood of Brandon

Those who voted in the negative are:

Alfano of Calais

Anderson of Woodstock

Aswad of Burlington

Atkins of Winooski

Barbieri of Wallingford

Bouricius of Burlington

Bristol of Brattleboro

Brooks of Montpelier

Buckland of Newport Town

Carmolli of Rutland City

Colvin of Bennington

Corren of Burlington

Costello of Brattleboro

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Follett of Springfield

Fox of Essex

Ginevan of Middlebury

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Hummel of Underhill

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Krasnow of Charlotte

Kreitzer of Rutland City

LaBarge of Grand Isle

Lafayette of Burlington

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Masland of Thetford

Mazzariello of Rutland City

McNamara of Burlington

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

Nitka of Ludlow

Nuovo of Middlebury

Osman of Plainfield

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Rivero of Milton

Rusten of Halifax

Seibert of Norwich

Severance of Colchester

Smith of Sudbury

Steele of Waterbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Westman of Cambridge

Wheeler of Burlington

Wisell of Bristol

Woodward of Johnson

Zuckerman of Burlington

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

Bourdeau of Hyde Park

Fyfe of Newport City

Keenan of St. Albans City

Young of Orwell

Rep. Hoag of Woodford explained his vote as follows:

"Mr. Speaker:

I voted yes because I submit it may be much easier to change the definition of a law than it would be to change the content or context of a law."

Pending third reading of the bill, Rep. Houston of Ferrisburgh moved to amend the bill by striking all after the enacting clause and inserting lieu thereof the following:

Sec. 1. VERMONT CIVIL UNION REVIEW COMMISSION

(a) The Vermont Civil Union Review Commission is established. The commission shall be comprised of 11 members, consisting of three members of the house designated by the Speaker of the House; three members of the senate designated by the Senate Committee on Committees; three members appointed by the Governor representing the public; one member appointed by the Vermont Bar Association, who shall be familiar with the procedures and operations of family court; and the Dean of the Vermont Law School or his or her designee.

(b) The commission members who were members of the House of Representatives or the Senate at the time of their appointment shall continue as members of the commission, notwithstanding a change in their status as elected officials. A member who resigns, dies or takes up residency in another state or country shall be replaced in the same manner as the member was first selected.

(c) The commission shall:

(1) review the opinion of the Supreme Court in Baker v. State;

(2) review the marriage laws of this state and the laws related thereto;

(3) collect information about the implementation, operation and effect of a civil union proposal that would provide the benefits, protections and responsibilities of marriage to same-sex couples, from members of the public, state agencies, and private and public sector businesses and organizations;

(4) explore and propose methods and techniques, including existing and emerging forms of alternative dispute resolution, to complement the judicial system for the appropriate resolution of questions or disputes that may arise concerning the interpretation, implementation and enforcement of a civil union proposal that would provide the benefits, protections and responsibilities of marriage to same-sex couples;

(5) encourage students, parents, teachers and education officials to develop and promote classroom and extracurricular programs to foster understanding of the rights and freedoms of the state constitution, including the Common Benefits Clause;

(6) report its findings, conclusions and recommendations to the general assembly by January 15, 2001.

(d) The commission shall hold 10 public meetings to gather information. The meetings shall be held in geographically diverse locations within the state.

(e) The commission shall elect a chair and vice chair, shall conduct its meetings pursuant to Robert's Rules of Order, and shall be subject to the public meeting laws pursuant to subchapter 2 of chapter 5 of Title 1.

(f) Members of the commission who are members of the General Assembly shall receive compensation for services and reimbursement of expenses pursuant to 2 V.S.A. § 406, and other members of the commission shall receive compensation for services and reimbursement of expenses pursuant to 32 V.S.A. § 1010.

(g) The commission may request and shall receive the assistance of any agency of the state of Vermont, and may solicit written comments from members of the public, civic organizations, businesses and others. The commission may hold public hearings throughout the state.

(h) The members of the commission shall have the assistance of the staff of legislative council and the joint fiscal office.

Sec. 2. EFFECTIVE DATE

This act shall take effect from passage.

Which was disagreed to.

Thereupon the bill was read the third time.

Pending the question, Shall the bill pass? Rep. McGrath of Ferrisburgh, demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 76. Nays, 69.

Those who voted in the affirmative are:

Alfano of Calais

Anderson of Woodstock

Aswad of Burlington

Barbieri of Wallingford

Bouricius of Burlington

Bristol of Brattleboro

Brooks of Montpelier

Carmolli of Rutland City

Corren of Burlington

Costello of Brattleboro

Cross of Winooski

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Dominick of Starksboro

Doyle of Richmond

Edwards of Swanton

Emmons of Springfield

Flaherty of South Burlington

Fox of Essex

Ginevan of Middlebury

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Hummel of Underhill

Hyde of Fayston

Jordan of Middlesex

Kainen of Hartford

Kehler of Pomfret

Kinsey of Craftsbury

Kitzmiller of Montpelier

Krasnow of Charlotte

Kreitzer of Rutland City

Lafayette of Burlington

Lehman of Hartford

Levin of Hartland

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mallary of Brookfield

Marron of Stowe

Masland of Thetford

Mazzariello of Rutland City

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Nitka of Ludlow

Nuovo of Middlebury

Osman of Plainfield

Paquin of Fairfax

Parizo of Essex

Partridge of Windham

Perry of Richford

Poirier of Barre City

Postman of Brownington

Pugh of South Burlington

Rivero of Milton

Rusten of Halifax

Seibert of Norwich

Severance of Colchester

Smith of Sudbury

Stevens of Newbury

Suchmann of Chester

Sullivan of Burlington

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Weiss of Northfield

Wheeler of Burlington

Wisell of Bristol

Woodward of Johnson

Zuckerman of Burlington

Those who voted in the negative are:

Allard of St. Albans Town

Angell of Randolph

Atkins of Winooski

Baker of West Rutland

Barney of Highgate

Blanchard of Essex

Brown of Walden

Buckland of Newport Town

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Crawford of Burke

DePoy of Rutland

Deuel of West Rutland

Flory of Pittsford

Follett of Springfield

Freed of Dorset

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

Koch of Barre Town

Krawczyk of Bennington

LaBarge of Grand Isle

Larocque of Barnet

Larrabee of Danville

Mackinnon of Sharon

Maslack of Poultney

Mazur of South Burlington

McGrath of Ferrisburgh

McNamara of Burlington

Metzger of Milton

Molloy of Arlington

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

Randall of Bradford

Richardson of Weathersfield

Robb of Swanton

Rogers of Castleton

Schaefer of Colchester

Schiavone of Shelburne

Sheltra of Derby

Sherman of St. Johnsbury

Smith of New Haven

Starr of Troy

Steele of Waterbury

Sweetser of Essex

Towne of Berlin

Valsangiacomo of Barre City

Waite of Pawlet

Westman of Cambridge

Willett of St. Albans City

Winters of Williamstown

Wood of Brandon

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

Bourdeau of Hyde Park

Fyfe of Newport City

Keenan of St. Albans City

Young of Orwell

Rep. DePoy of Rutland City explained his vote as follows:

"Mr. Speaker:

What are we doing Mr. Speaker? Are we this arrogant? We've declared ourselves omniscient. We've told the people of this state, "elect us and be quiet, we'll do what's best." We've declared ourselves a puppet of an activist Supreme Court. The Supreme Court didn't have the guts to make a decisive ruling on this issue. We didn't have the guts to call their bluff and make them. The Supreme Court has the Constitution to interpret, we have the people to interpret. My interpretation of the people is contrary to this bill. Some would call this legislation "LANDMARK", I would call this legislation a `LANDMINE."

Rep. Hathaway of Barton explained his vote as follows:

"Mr. Speaker"

Continuously throughout this debate the term civil rights has been used as the main argument for this legislation. Civil rights are defined as personal liberties guaranteed to all citizens of this country as outlined in the 14th and 15th amendments of the U.S. Constitution. Personal liberties are extended to and cannot be denied citizens because of race. Religion, creed or color. Marriage or any other type of union between two people is not referenced. The community of individuals asking for their civil rights already have them and I would be the last person to attempt to deny anyone those rights."

Rep. Hoag of Woodford explained his vote as follows:

"Mr. Speaker:

I voice strong opposition to this bill based on moral, religious and ethical beliefs in conjunction with the overwhelming opposition of my constituents to both the same sex and civil union proposals. Furthermore, I am concerned about the social divisiveness this legislation could create. How can a voluntary action be perceived as a civil right?"

Mr. Kinsey of Craftsbury explained his vote as follows:

"Mr. Speaker:

My grandmother could have told me much about my Indian ancestry but 65 years ago it was not popular to be an Indian. So she said nothing. My grandmother could have told me much about my Irish Catholic ancestry but that was not popular to half of our community back 65 years ago so she said nothing. Tomorrow I'm going to wear the Green in honor of my great-grandmother, an Irish Catholic. Tomorrow I'll carry my Abenaki nation card in honor of my great-great-grandmother. I wish my grandmother had felt that she could have told me about her mother and grandmother. This is the reason I have joined this fight. I now am ready to join any campaign to reduce discrimination found among my neighbors here in Vermont."

Rep. Metzger of Milton explained his vote as follows:

"Mr. Speaker:

Yesterday we voted against a broader application of benefits. Today, we voted against a stronger defense of marriage. Therefore, Mr. Speaker, I cannot support this bill."

Rep. Zuckerman of Burlington explained his vote as follows:

"Mr. Speaker:

Vermont's motto is freedom and unity. I hope we can all work in unity to go back to our communities and explain what this bill does. And I hope we will explain to the majority of our constituents, who this does not impact, why they should not be afraid and why this is the right thing to do. Many members have indicated they support this in concept, but it is too soon. I believe being a representative and a leader means going back to our people and to calm their fear and explain the law rather than to fuel anger and misperception."

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 passed Senate bill of the following title:

S. 304. An act relating to the class 2 town highway rehabilitation program.

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

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

H. 646. An act relating to merger of the town of West Rutland and the West Rutland fire district #1.

H. 779. An act relating to geographic information system.

And has passed the same in concurrence.

The Senate has on its part adopted joint resolutions of the following titles:

J.R.S. 92. Joint resolution congratulating retiring town clerk Rachel Westover on completing 32 years of outstanding municipal public service in Newport Town.

J.R.S. 94. Joint resolution relating to weekend adjournment.

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. 201. Joint resolution honoring the Public Service commitment of the men and women of the Vermont National Guard on the occasion of Muster 2000.

J.R.H. 202. Joint resolution congratulating the 2000 Colchester High School Lakers Division II Championship Ice Hockey Team.

J.R.H. 203. Joint resolution honoring the dedicated volunteers on the Windham County reparative justice panels.

And has adopted the same in concurrence.

Adjournment

At six o'clock and thirty minutes in the forenoon, on motion of Rep. Suchmann of Chester, the House adjourned until tomorrow at nine o'clock and thirty minutes in the forenoon.