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Journal of the House

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THURSDAY, JANUARY 20, 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 David Hall of Christ Episcopal Church in Montpelier.

House Bills Introduced

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

H. 722

By Reps. Masland of Thetford, Brown of Walden, Hathaway of Barton, Rogers of Castleton and Sullivan of Burlington,

An act relating to motorboat fees and milfoil eradication;

To the committee on Fish, Wildlife and Water Resources.

H. 723

By Rep. Freed of Dorset,

An act relating to withdrawal from a supervisory union;

To the committee on Education.

H. 724

By Reps. Masland of Thetford, Darrow of Newfane, Krasnow of Charlotte, Lippert of Hinesburg and Stevens of Newbury,

An act relating to emotional abuse;

To the committee on Judiciary.

Senate Bill Referred

S. 211

Senate bill, entitled

An act relating to incompatible offices;

Was taken up, read the first time and referred to the committee on Local Government.

Joint Resolution Placed on Calendar

The Speaker placed before the House the following resolution which was read and in the Speaker's discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 164

Joint resolution thanking private landowners for hosting snowmobile trails

Offered by: Representatives Rusten of Halifax, Anderson of Woodstock, Atkins of Winooski, Barbieri of Wallingford, Barney of Highgate, Blanchard of Essex, Brown of Walden, Carmolli of Rutland City, Dominick of Starksboro, Doyle of Richmond, Edwards of Swanton, Flory of Pittsford, Freed of Dorset, Ginevan of Middlebury, Gray of Barre Town, Hathaway of Barton, Helm of Castleton, Holmes of Bethel, Hooker of Rutland County, Houston of Ferrisburg, Hyde of Fayston, Kainen of Hartford, Kehler of Pomfret, Kinsey of Craftsbury, Koch of Barre Town, Krasnow of Charlotte, Kreitzer of Rutland City, Larocque of Barnet, Larrabee of Danville, Lehman of Hartford, Lippert of Hinesburg, Livingston of Manchester, Maslack of Poultney, Mazur of South Burlington, Mazzariello of Rutland City, McNamara of Burlington, Milne of Washington, Nitka of Ludlow, Nuovo of Middlebury, Obuchowski of Rockingham, O'Donnell of Vernon, Palmer of Pownal, Parizo of Essex, Partridge of Windham, Peaslee of Guildhall, Quaid of Williston, Richardson of Weathersfield, Rivero of Milton, Rogers of Castleton, Schiavone of Shelburne, Severance of Colchester, Sherman of St. Johnsbury, Smith of Sudbury, Suchmann of Chester, Sweaney of Windsor, Symington of Jericho, Towne of Berlin, Tracy of Burlington, Voyer of Morristown, Westman of Cambridge, Willett of St. Albans City, Winters of Williamstown and Wisell of Bristol

Whereas, snowmobiling has become one of Vermont's foremost winter recreational activities, and

Whereas, under the auspices of the Vermont Association of Snow Travelers and its locally based associated clubs, a very extensive network of trails, essential for snowmobiling's existence, has evolved and now encompasses every area of the state, and

Whereas, much of this outstanding network of trails crosses private land, and

Whereas, private landowners are under no obligation to grant permission for snowmobile trails to be laid across their property, and

Whereas, there is no special benefit accruing to private landowners who have authorized the construction of snowmobile trials on their land, other than the goodwill of snowmobilers, and

Whereas, despite the obvious lack of incentives for private landowners to serve as hosts to snowmobile trails, many landowners across Vermont have generously consented to the requests of snowmobiling clubs and have allowed their land to be used, without compensation, for this purpose, and

Whereas, the snowmobiling community is very appreciative that so many private landowners have graciously agreed to host the trails that make this recreational pastime possible, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly expresses its appreciation to the many private landowners who have consented to the construction of snowmobile trails on their property, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution the Vermont Association of Snow Travelers in Berlin.

Resolutions Adopted

The following resolutions were severally taken up and adopted on the part of the House,

J.R.H. 162

Joint resolution authorizing the use of the State House by the Green Mountain Boys' State Program;

J.R.H. 163

Joint resolution congratulating Tim Comolli on being named National Technology Teacher of the year.

H.R. 30

House resolution commemorating the visit of the Bosnia-Herzegovina Youth Leadership delegation to the State House.

Bill Amended, Read Third Time and Passed

H. 12

House bill, entitled

An act relating to electroconvulsive therapy;

Was taken up and pending third reading of the bill, Rep. Bouricius of Burlington moved to amend the bill as follows:

First: In Sec. 1 §7408, by striking in the first sentence the word "may" and inserting in lieu thereof the word shall

Second: In Sec. 2, paragraph (c), by inserting after the word "report", the following: on consent materials and procedures and,

Rep. Bouricius of Burlington asked that the question be divided.

Thereupon, the first recommendation of amendment offered by Rep. Bouricius of Burlington was disagreed to and the second recommendation of amendment offered by Rep. Bouricius of Burlington was agreed to on a Division vote. Yeas, 57. Nays, 51.

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

Third Reading; Bill Passed With Title Amendment

H. 374

House bill, entitled

An act relating to banking regulations;

Was taken up, read the third time and pending the question, Shall the bill pass? Rep. Larrabee of Danville 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, 136. Nays, 4.

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

Bourdeau of Hyde Park

Brooks of Montpelier

Brown of Walden

Buckland of Newport Town

Carmolli of Rutland City

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Crawford of Burke

Cross of Winooski

Dakin of Colchester

Darrow of Dummerston

Darrow of Newfane

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

Fyfe of Newport City

Gervais of Enosburg

Ginevan of Middlebury

Gray of Barre Town

Gretkowski of Burlington

Hathaway of Barton

Heath of Westford

Helm of Castleton

Hoag of Woodford

Holmes of Bethel

Hooker of Rutland County

Houston of Ferrisburg

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Hummel of Underhill

Hyde of Fayston

Johnson of Canaan

Jordan of Middlesex

Kainen of Hartford

Keenan of St. Albans City

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

Larocque of Barnet

Lehman of Hartford

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Mallary of Brookfield

Marron of Stowe

Maslack of Poultney

Masland of Thetford Center

Mazur of South Burlington

McGrath of Ferrisburg

McNamara of Burlington

Metzger of Milton

Milkey of Brattleboro

Miller of Shaftsbury

Milne of Washington

Molloy of Arlington

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

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

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

Wheeler of Burlington

Willett of St. Albans City

Winters of Williamstown

Wisell of Bristol

Wood of Brandon

Woodward of Johnson

Young of Orwell

Those who voted in the negative are:

Bouricius of Burlington

Corren of Burlington

Hingtgen of Burlington

Zuckerman of Burlington

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

Bristol of Brattleboro

Costello of Brattleboro

Larrabee of Danville

Mazzariello of Rutland City

Morrissey of Bennington

Pugh of South Burlington

Sherman of St. Johnsbury

Westman of Cambridge

Pursuant to Rule 41 the title was amended to read as follows:

AN ACT RELATING TO THE MODERNIZATION OF THE LAWS RELATED TO BANKS AND BANKING

Third Reading; Bill Passed

H. 607

House bill, entitled

An act relating to investments of insurance companies;

Was taken up, read the third time and passed.

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 considered a bill originating in the House of the following title:

H. 255. An act relating to the requirement of 30 or more signatures on union school board nomination petitions.

And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the House is requested.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 75. 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. 157. Joint resolution honoring the Leland and Gray Union High School and Middle School's Journey East: A Sino-American Cultural Exchange.

J.R.H. 159. Joint resolution congratulating the Windsor High School Yellow Jackets 1999 Division III Championship Football Team.

J.R.H. 160. Joint resolution congratulating the Windsor High School 1999 Boys' and Girls Division III Championship Track Teams.

J.R.H. 161. Joint resolution requesting that the President and Congress increase the funds allocated to the U.S.D.A. Natural Resources Conservation Service for conservation technical assistance in Vermont.

And has adopted the same in concurrence.

Adjournment

At ten o'clock and thirty-five minutes in the forenoon, on motion of Rep. Fyfe of Newport City, the House adjourned until tomorrow at nine o'clock and thirty minutes in the forenoon.