Journal of the House

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

Devotional exercises were conducted by Reverend David Hall of Christ Episcopal Church of Montpelier.

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 a joint resolution of the following title:

J.R.S. 6. Joint resolution designating Dr. William H. Bloom as an honorary native Vermonter.

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. 2. Joint resolution in memory of Victor Borge.

J.R.H. 3. Joint resolution in memory of Thomas C. Ryan.

J.R.H. 5. Joint resolution designating July 8, 2002 as Windham Meeting House Day.

And has adopted the same in concurrence.

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.

Joint resolution in memory of former Representative Maud-Ann Durgin

Offered by: Representatives Hall of Newport City, Kilmartin of Newport City and Obuchowski of Rockingham

Whereas, Maud-Ann Durgin was a vibrant community leader in Newport City and Orleans County, where her presence was most welcomed in the many organizations to which she belonged, and

Whereas, a native of Rutland, she earned her college degree at the University of Vermont, then resided in the Palau Islands while her husband, Dr. Delmer Durgin, served his nation during the Korean War, and

Whereas, she relocated to Newport City in 1953 as she came north with her husband who was starting a new medical practice in Vermont's most northerly city, and

Whereas, Maud-Ann Durgin was an active participant and leader in many community organizations, including the Vermont Girl Scouts Council, the Orleans County Historical Society, the Newport Federated Women's Club (of which she had served as president), and the American Legion Auxiliary, and

Whereas, her interests in health care were reflected in her memberships in the Northeast Kingdom Mental Health Association, of which she had served as a vice president and the North Country Hospital Auxiliary of which she had served as president, and

Whereas, Maud-Ann Durgin’s political interests prompted her to join the Newport City Republican Committee and to serve as an elected official, first on the municipal level as a Newport City Justice of the Peace and later for three terms in the Vermont House of Representatives, and

Whereas, aside from her community and political endeavors, Maud-Ann Durgin had a special passion for flying and earned her private pilot's license, and

Whereas, the citizens of Newport City have lost a dedicated community leader who devoted her time and effort to improving the quality of life in Vermont's north country, now therefore be it

Resolved by the Senate and House of Representatives:

That the general assembly extends its sympathy to the family of former Representative Maud-Ann Durgin of Newport City, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to her brother, Harry B. Wiggins, in Scottsdale, Arizona.

Rep. Randall of Bradford offered a joint resolution, entitled

Joint resolution rescinding all prior requests to the United States Congress for a federal constitutional convention;

Whereas, the Vermont General Assembly, pursuant to the provisions of Article V of the United States Constitution, and acting with the best of intentions, has periodically requested that the United States Congress convene a constitutional convention to adopt either a single amendment to, or generally amend, the United States Constitution, and

Whereas, former United States Supreme Court Chief Justice Warren E. Burger and Associate Justice Arthur J. Goldberg, as well as many legal scholars, have written that any limitations placed on a constitutional convention in state petitions for such a convention are unenforceable, and

Whereas, the inability of the states to limit the amendments that a convention is authorized to consider would result in imminent peril to the well-established rights of the citizens of the United States and the duties of the various levels of the U.S. government, and

Whereas, without convening a constitutional convention, the United States Constitution has been amended many times in the history of this nation and may be similarly amended in the future, and

Whereas, for more than 200 years, the interpreters of the United States Constitution have found it to be a sound document which protects the lives and liberties of our nation’s citizens, and

Whereas, there is no need for, indeed there is great danger in, either sweepingly amending the constitution or adopting a new constitution, and

Whereas, either course of action would create legal chaos in this nation and begin the process of another two centuries of litigation and interpretation over the meaning of a new or a substantially changed constitution, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly rescinds all prior requests to the United States Congress that it convene a constitutional convention, and be it further

Resolved: That the General Assembly urges every other state legislature to adopt a similar resolution rescinding all previous applications to the United States Congress that requested the convening of a constitutional convention, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the presiding officer of each state legislative chamber, to the Vice President of the United States, to the Speaker of the United States House of Representatives, to the members of the Vermont Congressional Delegation, and to the administrator of the United States General Services Administration.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Judiciary.

Rep. Randall of Bradford offered a joint resolution, entitled

Joint resolution supporting the preservation of the electoral college;

Whereas, the founders of our nation fully realized and appreciated that, while it is wrong for a dictatorship or monarchy to violate basic human rights, it is equally wrong for an unrestrained majority to do so, and

Whereas, our nation’s government was established as a Republic, to be governed by the rule-of-law, rather than by an overbearing majority, to protect us from the excesses of unlimited democracy, and

Whereas, a system of political checks and balances was put in place to protect and preserve our Republic, the rules of justice and the rights of minorities, and

Whereas, the electoral college was the method established to choose a president in a manner to reflect equal representation while preserving the interests of individual states and minorities, and is in complete accord with our system of limited government and an integral part of our system of checks and balances, and

Whereas, the State of Vermont is a primary benefactor of the institution of the electoral college which more than triples its influence in presidential elections, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly fully supports the continuance and preservation of the electoral college system for the selection of the President of the United States, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Governor Howard Dean, Attorney General William Sorrell, the members of the Vermont Congressional Delegation, the Speaker of the United States House of Representatives, Representative Dennis Hastert of Illinois, the Minority Leader of the United States House of Representatives, Representative Richard Gephardt of Missouri, the Majority Leader of the United States Senate, Senator Trent Lott of Mississippi, and the Minority Leader of the United States Senate, Senator Thomas Daschle of South Dakota.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Government Operations.

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.

By Senator Crowley of Rutland District,

Joint resolution designating Dr. William H. Bloom as an honorary native Vermonter.

Whereas, individuals who were born in the Green Mountain State are rightfully proud of their special status as native Vermonters, and

Whereas, while a flatlander may reside in Vermont for nearly an entire lifetime, and make an indelible contribution to the quality of life in this state, a flatlander still has not earned the right to be called a native Vermonter, and

Whereas, although Dr. William Bloom did not actually enter this world within the geographic confines of Vermont, having been born at his parents’ home in Granville, New York, he was, however, conceived in Poultney and, had it not been for a blizzard, would have been born at the Rutland Hospital, and

Whereas, Dr. Bloom, a prominent neurosurgeon, put pen to paper when he wrote of his life in the medical field in the book, "After All, It’s Only Brain Surgery," and in his authorship of several poetry volumes, and

Whereas, Dr. Bloom renewed his ties to Vermont in October 2000 upon his appointment to the newly-formed Board of Visitors of Green Mountain College, and

Whereas, Dr. Bloom’s lifelong love for Vermont, and the meteorological disturbance that prevented his birth in Rutland, as originally intended, are both persuasive reasons for awarding him status as an "honorary native Vermonter," now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly extends the status of "honorary native Vermonter" to Dr. William H. Bloom, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Dr. William Bloom in Bayshore, New York.

House bills of the following titles were severally introduced. Pending first reading of the bills, on motion of Rep. Houston of Ferrisburgh, the rules were suspended and the bills were read the first time by number and referred as follows:

By Rep. Bourdeau of Hyde Park,

An act relating to eliminating mandatory retirement for sheriffs;

To the committee on Government Operations.

By Reps. Brooks of Montpelier, Jordan of Middlesex and Kitzmiller of Montpelier,

An act relating to the charter of the city of Montpelier;

To the committee on Local Government.

By Rep. Brooks of Montpelier,

An act relating to bank fees;

To the committee on Commerce.

By Reps. Brooks of Montpelier, Connell of Warren, Darrow of Dummerston, Deen of Westminster, Fisher of Lincoln, Heath of Westford, Hooker of Rutland City, Jordan of Middlesex, Kitzmiller of Montpelier, Little of Shelburne, Seibert of Norwich, Severance of Colchester, Starr of Troy and Voyer of Morristown,

An act relating to diversity counseling;

To the committee on Judiciary.

By Reps. Obuchowski of Rockingham and Partridge of Windham,

An act relating to stem cell harvest;

To the committee on Health and Welfare.

By Reps. Rusten of Halifax, Hooker of Rutland City and Winters of Williamstown,

An act relating to recovering money lost due to state employee error;

To the committee on Government Operations.

By Reps. Follett of Springfield, Adams of Hartland, Baker of West Rutland, Bohi of Hartford, Carey of Chester, Colvin of Bennington, Duffy of Rutland City, Emmons of Springfield, Flory of Pittsford, George of Middlebury, Larocque of Barnet, Milkey of Brattleboro, Nitka of Ludlow, Obuchowski of Rockingham, O’Donnell of Vernon, Palmer of Pownal, Partridge of Windham, Pike of Mendon, Rosenquist of Georgia, Rusten of Halifax, Smith of New Haven and Sweaney of Windsor,

An act relating to the regulation of phosphorus discharge, and the availability of state assistance grants;

To the committee on Fish, Wildlife and Water Resources.

By Rep. Mazur of South Burlington,

An act relating to uninsured and felonious motorists;

To the committee on Transportation.

By Reps. Helm of Castleton, Brown of Walden, Rogers of Castleton, Sheltra of Derby and Young of Orwell,

An act relating to the operation of snowmobiles;

To the committee on Transportation.

By Reps. Towne of Berlin, Brooks of Montpelier, Kitzmiller of Montpelier and Monti of Barre City,

An act relating to including among state highways, a portion of town highway #8 in Berlin;

To the committee on Transportation.

By Reps. Milkey of Brattleboro, Adams of Hartland, Anderson of Woodstock, Atkins of Winooski, Bohi of Hartford, Darrow of Newfane, Darrow of Dummerston, Deen of Westminster, Emmons of Springfield, Gervais of Enosburg, Hooker of Rutland City, Keenan of St. Albans City, Masland of Thetford, O'Donnell of Vernon, Obuchowski of Rockingham, Partridge of Windham, Pillsbury of Brattleboro, Rusten of Halifax, Seibert of Norwich, Sweaney of Windsor and Webster of Brattleboro,

An act relating to sales tax exemption for shoes;

To the committee on Ways and Means.

By Rep. Howrigan of Fairfield,

An act relating to pharmacological treatment of sex offenders;

To the committee on Judiciary.

By Reps. Helm of Castleton, Angell of Randolph, Baker of West Rutland, Brown of Walden, Metzger of Milton, Mullin of Rutland Town, Rogers of Castleton, Shaw of Derby, Sheltra of Derby, Smith of New Haven and Winters of Williamstown,

An act relating to expansion of youth hunting day;

To the committee on Fish, Wildlife and Water Resources.

Joint resolution of the following title was taken up and adopted on the part of the House;

Joint resolution in memory of former Representative William Blanchard;

At nine o’clock and forty minutes in the forenoon, the Speaker declared a recess until ten o’clock and twenty-five minutes in the forenoon.

At ten o’clock and twenty-five minutes in the forenoon, the Speaker called the House to order.

At ten o’clock and thirty minutes in the forenoon, the hour for the Joint Assembly having arrived, pursuant to the provisions of joint resolution, entitled

J.R.S. 4. Joint resolution to provide for a Joint Assembly to hear the budget message of the Governor;

The Senate appeared in the Hall of the House.

Thereupon, the Joint Assembly having concluded its session, at eleven o’clock and five minutes in the forenoon, the Speaker resumed the Chair.

Rep. Palmer of Pownal moved that the committee on General, Housing and Military Affairs be relieved of House bill, entitled

An act relating to monetary benefits and college tuition waivers for the survivors of firefighters who die in the line of duty or from occupation-related diseases;

And that the bill be committed to the committee on Government Operations, which was agreed to.

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 a joint resolution of the following title:

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

J.R.H. 6. Joint resolution in memory of Edward E. Horton, Jr..

J.R.H. 7. Joint resolution congratulating the Old Tavern at Grafton on the occasion of its Bicentennial Anniversary..

J.R.H. 8. Joint resolution congratulating the Green Street School, the Newton School, and South Burlington High School on being named the 2000 Vermont Business Roundtable Gold Medallion Schools.

J.R.H. 9. Joint resolution in memory and celebration of the life of Aundrie Robinson.

J.R.H. 10. Joint resolution in honor of Morton "Lucky" and Louise Diamond.

J.R.H. 11. Joint resolution congratulating the 2000 Montpelier High School Solons on winning the First Division II Lacrosse Championship.

And has adopted the same in concurrence.

At eleven o’clock and ten minutes in the forenoon, on motion of Rep. Kiss of Burlington, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.