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Journal of the House

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THURSDAY, APRIL 4, 2002

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 Enoch Rowell of Harvest Christian Assembly of Coventry, Vt.

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.H. 252

Joint resolution congratulating the Windsor High School Yellow Jackets 2001 Division II Field Hockey team

Offered by: Representatives Sweaney of Windsor and Adams of Hartland

Whereas, the agile and swift young women of the Windsor High School Yellow Jackets 2001 field hockey team were dedicated to performing their very best, and

Whereas, throughout the fall, the Yellow Jackets applied their combined offensive and defensive skills to produce a coordinated team effort which opponents were hard-pressed to surpass, and

Whereas, their familiarity with every nuance of field hockey play was consistently on display, and

Whereas, the Yellow Jackets had compiled an enviable 12-3-2 record as they began the Division II Championship game against rival U-32 High School at the University of Vermont’s Post Field, and

Whereas, their season-long outstanding team play was once again exhibited as Anna Honsinger and Molly Matteson scored the two goals necessary to clinch a championship victory, and

Whereas, goalies Lindsey Sammel’s and Jodi Ouelette’s defensive prowess kept their U-32 opponents’ scoring to a mere single point, and

Whereas, the 2001 season was truly a team effort as Yellow Jackets Morgan Hathorn, Molly Matteson, Lindsey Sammel, Corry Brush, Jen Furman, Hannah George, Anna Honsinger, Hilary Jarvis, Jodi Ouelette, Jessie Palatucci, Ashley Rose, Kara White, Meagan Ebare, Courtney Hathorn, Brodie Ladue, Kristen LeClair, Brandi Murray, Nicole Olmstead, Audrey Tetu, Amanda Beaulieu, Meghan Farnsworth and Jill Hughes each contributed towards the Division II Championship, and

Whereas, Molly Matteson and Lindsey Sammel were awarded All-Marble Valley League recognition, and

Whereas, special recognition is due to Head Coach Sandy Clary and Assistant Coach Amy Fish, whose game strategy and advice proved invaluable, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the 2001 Windsor High School Yellow Jackets Division II Field Hockey team, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Bob Hingston, Athletic Director at Windsor High School.

J.R.H. 253

Joint resolution in memory of former Representative and Senator Gertrude R. Mallary of Fairlee

Offered by: Representative Masland of Thetford

Whereas, Gertrude Mallary, though a native of Massachusetts, by anyone’s measure, was an exemplary Vermonter, and

Whereas, her successful careers as an outstanding and dedicated public servant, innovative Holstein-Friesian breeder, and esteemed Vermont bibliophile were individually worthy of special commendation, and

Whereas, in 1942, Gertrude Mallary moved permanently to Fairlee, and, with her husband, R. Dewitt Mallary, she established the Mallary Farm which became one of the nation’s leading centers for the breeding of Holstein-Friesian cattle, and

Whereas, she founded the New England Holstein Bulletin, served as secretary of the New England Holstein-Friesian Association, and was president of the Vermont Holstein Club, and

Whereas, Gertrude Mallary was a public-spirited woman, and the voters of Fairlee wisely elected her to the House of Representatives in 1952 and 1954, and

Whereas, in 1956, her reputation as Fairlee’s honest and thoughtful state representative catapulted her into Orange County’s State Senate seat, and

Whereas, during her single Senate term, Gertrude Mallary spearheaded the establishment of the state’s Little Hoover Commission which laid the groundwork for a significant reorganization of Vermont state government’s structure to better meet the emerging needs of an increasingly complex society, and

Whereas, perhaps Gertrude Mallary’s greatest love was for the history of her adopted state, which she manifested through the development of an extraordinary collection of Vermontonia for which the University of Vermont awarded her an honorary degree, and which also served as the basis for her election as one of the American Antiquarian Society’s pioneer female members, and

Whereas, through her nearly century-long life’s journey, she bequeathed a marvelous legacy to her sons, R. Dewitt Mallary Jr., former Speaker of the House Richard W. Mallary, her seven grandchildren and 11 great-grandchildren, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly fondly remembers former Representative and Senator Gertrude R. Mallary of Fairlee for her many distinguished accomplishments, and be it further

Resolved: That the Secretary of State be directed to send copies of this resolution to the Rev. R. DeWitt Mallary in Fairlee, to former Speaker of the House Richard Mallary in Brookfield and to former Representative Peter Mallary in Newbury.

Senate Bill Referred

S. 241

Senate bill, entitled

An act relating to practicing auricular acupuncture for the treatment of alcoholism, substance abuse or chemical dependency;

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

Bill Referred to Committee on Appropriations

H. 716

House bill, entitled

An act relating to school choice;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Remarks Journalized

On motion of Rep. Howrigan of Fairfield, the following remarks by Rep. Atkins of Winooski given yesterday in the debate on Senate bill S. 275, the so-called Champion Lands bill, were ordered printed in the Journal:

"Mr. Speaker,

I'm going to approach this problem from a different perspective. At first, this whole question was about woods and roads, After thinking about it for months, I finally realized I wasn't just upset over some trees or camps or roads or easements.

The member from Shaftsbury introduced us to the Frost poem" Stopping by Woods on a Snowy Evening" The first two lines of this poem really got me thinking.

"Who's wood these are I think I know,

His house is in the village though."

Mr. Speaker, Robert Frost was wrong. The owner of this land does not just live in a village. The owners live in the towns, in the cities, in the villages and in every house in this state. And no matter what happens with this vote today or tomorrow, the purchase of this piece of land will still remain the best piece of legislation that I, and most of us in this chamber, will ever be associated with.

So why am I still so upset.

I found the answer in the last stanza of Frost's poem

"The woods are lovely, dark and deep

But I have promises to keep

And miles to go before I sleep

And miles to go, before I sleep."

I'm upset because of what we were promised or what we were lead to believe we were promised. "We looked down" all these roads, "We've taken the other as just as fair," and "We kept the other for another day." Well, Mr. Speaker, this is the other day and we do have promises to keep.

I have spent most of my adult life explaining the balance of power in our three branches of government to 10 and 11 year olds. However, every time that I explained it, the checks and balances always seemed to work and we ended our discussion with a well balanced government that worked perfectly. Now, I have to find everyone of those kids to tell them it just doesn't work that way in real life.

In this life, a few years ago, the Judiciary branch pulled the balance of power over to their position and we, the legislators, had to find new ways to fund education. It worked so well the first time, the Judiciary did it again and this time we had to find new ways to define marriage. Did the Judiciary overstep their bounds? Maybe not. Did they pull that balance off center and over to their side? I think so.

And then, Mr. Speaker, we have the Executive branch. Could I explain to my students how this branch, in the Champion Land deal, tugged the power away from the ideal balance? If we allow this small tug to go unchallenged, what's next.

Maybe some agency will try to change the ten acre loop hole by rule because we, the elected lawmakers, have not been willing to change it by law. Are we going to abdicate our legislative powers in this area also?

Where will it end?

Robert Frost has another poem that I really like; it's called, "The Road not Taken." I'd love to say the whole poem but I've taken up too much of your time. So here's the last stanza:

"I shall be telling this with a sigh,

Somewhere ages and ages hence.

Two roads diverged in a wood, and I,

I took the one less traveled by

And that has made all the difference."

A fifth grade boy made this statement about the poem.

"Mr. Atkins, I know that this poem is about choices and the man made a very big decision in his life, but the last paragraph says his decision made all the difference. Did he mean, "Phew, I'm glad I made the right choice," or does he mean "Oh man, I wish I had made a better choice?"

I explained to him that Frost once told me that a "Poem means what it means." He was even less happy with that answer than I was when it was given to me.

The question today, in this house, at this time in history, on this issue, is how will you feel "Somewhere ages and ages hence" about your vote today. Will you be saying, "Oh man, I wish that I had..." Or will it be "Phew, am I ever glad that I..."

That, and only that, will make all the difference.

I urge you to vote YES on S. 275 and to send a message to the other two branches of government; a message that is very clear. "We were elected to legislate-- not abdicate—and we will tug that balance back to the center where it should be. Send this message for all the other legislators to come so they will not have to face this same problem.

Mr. Speaker, we do have "Miles to go" before we put this problem to sleep. But, please let's remember that we also have "Promises to keep!"

Thank you Mr. Speaker."

Joint Resolutions Adopted

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

J. R. H. 247

Joint resolution, entitled

Joint resolution congratulating the Green Mountain Prevention Projects on its 20th anniversary.

J. R. H. 248

Joint resolution, entitled

Joint resolution congratulating the Catamount Elementary School of Bennington on winning a national Creative Ticket National School of Distinction Award.

J. R. H. 249

Joint resolution, entitled

Joint resolution in memory of Peter Donovan Jr. of Bennington.

J. R. H. 250

Joint resolution, entitled

Joint resolution congratulating Amy Marie Johnson on her being named Miss Vermont for 2001.

J. R. H. 251

Joint resolution, entitled

Joint resolution honoring the establishment of the Manchester Film Festival.

 

Bill Read Third Time and Passed

H. 757

House bill, entitled

An act relating to the timing of candidate filings and primary elections;

Was taken up and pending third reading of the bill, Reps. Quaid of Williston and Webster of Randolph moved to amend the bill as follows:

By adding a new Sec. 7 to read as follows:

Sec. 7. 17 V.S.A. § 2121 is amended to read:

§ 2121. Eligibility of voters

(a) Any person who, on election day*[:

(1)]* is a citizen of the United States;

*[

(2)]* is a resident of the state of Vermont;

*[

(3)]* has taken the voter's oath; and

*[

(4)]* is 18 years of age or more may register to vote in the town of his or her residence in any election held in a political subdivision of this state in which he or she resides.

(b) A person who holds a license to operate a motor vehicle shall not be eligible to vote in this state, nor shall his or her name be maintained on a voter checklist in this state, unless he or she holds a motor vehicle operator’s license issued by this state.

Rep. Metzger of Milton raised a Point of Order that the amendment was 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. Quaid of Williston and Webster of Randolph? Rep. Webster of Randolph moved to amend the recommendation of amendment offered by Reps. Quaid of Williston and Webster of Randolph, as follows:

By striking the words "license to operate a motor vehicle" and inserting in lieu thereof the words a motor vehicle operator’s license issued by a state or the District of Columbia

Which was disagreed to on a division vote. Yeas, 31. Nays, 56.

Pending the question, Shall the House amend the bill as recommended by Reps. Quaid of Williston and Webster of Randolph? Rep. Tracy of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number.

Pending the call of the roll, Rep. Quaid of Williston asked and was granted leave of the House to withdraw the amendment.

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

Bill Amended; Third Reading Ordered

H. 181

Rep. Masland of Thetford, for the committee on Natural Resources and Energy, to which had been referred House bill, entitled

An act relating to seasonal employees of the department of forests, parks and recreation;

Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 3 V.S.A. § 631(d) is added to read:

(d) Notwithstanding any other provision of this section to the contrary, and in addition to the powers and duties described in sections 2852 and 2853 of this title and section 2603 of Title 10, the commissioner of the department of forests, parks and recreation is authorized to expend funds for purposes of continuing employee medical insurance benefits provided to seasonal temporary state employees by their off-season employers. Any such expenditure shall be subject to the following limitations:

(1) funds may be paid either directly to the benefit provider or to the

off-season employer as a reimbursement;

(2) the total amount paid for any temporary employee medical insurance reimbursement shall not exceed the costs of group medical benefits for a permanent state employee as determined by the commissioner of personnel, and it shall be within the discretion of the commissioner of the department of forests, parks and recreation to pay some lesser amount than the maximum;

(3) the commissioner of the department of forests, parks and recreation shall establish written policy guidelines regarding the administration of this program, subject to the approval of the commissioner of personnel;

(4) the amount expended by the commissioner for this program shall be limited to the amount directly saved by the department of forests, parks and recreation on expenses such as advertising, unemployment compensation, and training as a result of encouraging the return to state seasonal employment by seasonal employees who have consistent off-season employment;

(5) this subsection shall expire on July 1, 2004, unless sooner extended; and

(6) the commissioner of the department of forest, parks and recreation shall report to the legislature on the effectiveness of this program, to include information on the number of employees affected, the amounts spent to pay for benefits, and any amounts saved by the department of forests, parks and recreation.

Rep. Larocque of Barnet, for the committee on Appropriations, recommends the bill ought to pass when amended as recommended by the committee on Natural Resources and Energy.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House amend the bill as recommended by the committee on Natural Resources and Energy? Reps. Dakin of Colchester, Johnson of Canaan, Schiavone of Shelburne and Wood of Brandon moved to amend the recommendation of amendment offered by the committee on Natural Resources and Energy, as follows:

In Sec. 1, 3 V.S.A. §631(d) (3) by striking the word "policy" .

Which was agreed to.

Thereupon, the report of the committees on Natural Resources and Energy, as amended, and Appropriations, were agreed to and third reading ordered.

Action on Bill Postponed

H. 712

House bill, entitled

An act relating to fees in the Market Vermont Program;

Was taken up and pending the reading of the report of the committees on Commerce and Ways and Means, on motion of Rep. Colvin of Bennington, action on the bill was postponed until Tuesday, April 9, 2002.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 234

Rep. Wood of Brandon, for the committee on Institutions, to which had been referred Senate bill, entitled

An act relating to buildings and general services;

Reported in favor of its passage when amended as follows:

First: in Sec. 1, subsection (c), by striking the words "executed an agreement addressing" and inserting in lieu thereof the words "a plan that addresses"

Second: in Sec. 1, subdivision (c)(1), before the colon, by inserting the words "as outlined in either plan A or plan B presented during the 2002 session by the commissioner of buildings and general services"

Third: in Sec. 1, subdivision (c)(3), before the word "loss" by inserting the word "net"

Rep. Morrissey of Bennington, for the committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the committee on Institutions.

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

Favorable Report; Proposal Adopted

Proposal 4

Rep. Hingtgen of Burlington, for the committee on Government Operations, to which had been referred Proposal 4, an amendment to allow the General Assembly to prescribe a mandatory age for justices of the Supreme Court and judges of all subordinate courts;

Recommended the House adopt in concurrence Proposal 4 to the Vermont Constitution, which reads as follows:

Sec. 1. PURPOSE

This proposal would allow the general assembly to prescribe a mandatory retirement age for justices of the Supreme Court and judges of all subordinate courts.

Sec. 2. Section 35 of Chapter II of the Vermont Constitution is amended to read:

§ 35. [Mandatory retirement]

All justices of the Supreme Court and judges of all subordinate courts shall be retired at such age, not less than seventy years of age, as the General Assembly may prescribe by law, or, if the General Assembly has not so provided by law, at the end of the calendar year in which they attain seventy years of age or at the end of the term of election during which they attain seventy years of age, as the case may be, and shall be pensioned as provided by law. The chief justice may from time to time appoint retired justices and judges to special assignments as permitted under the rules of the Supreme Court.

Sec. 3. EFFECTIVE DATE; TRANSITION

This proposal of amendment shall take effect upon ratification and adoption by the people of this state in accordance with the provisions of chapter 32 of Title 17, and shall apply to justices and judges in office at the time this proposal becomes a part of the constitution, and to justices and judges subsequently appointed.

Thereupon, Proposal 4 was read the second time.

Pending the question, Shall the House adopt Proposal 4? Rep. Hingtgen of Burlington 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 adopt Proposal 4? was decided in the affirmative. Yeas, 125. Nays, 7.

Those who voted in the affirmative are:

Adams of Hartland

Alfano of Calais

Allaire of Rutland City

Allard of St. Albans Town

Anderson of Woodstock

Angell of Randolph

Aswad of Burlington

Atkins of Winooski

Baker of West Rutland

Barney of Highgate

Bohi of Hartford

Bolduc of Barton

Bolognani of Readsboro

Bostic of St. Johnsbury

Bourdeau of Hyde Park

Brooks of Montpelier

Brown of Walden

Carey of Chester

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Connell of Warren

Crawford of Burke

Cross of Winooski

Crowley of West Rutland

Dakin of Colchester

Darrow of Newfane

Darrow of Dummerston

Davis of Cavendish

Deen of Westminster

Donovan of Burlington

Doyle of Richmond

Driscoll of Burlington

Duffy of Rutland City

Emmons of Springfield

Endres of Milton

Fisher of Lincoln

Flory of Pittsford

George of Middlebury

Gervais of Enosburg

Goodridge of Albany

Grad of Moretown

Gray of Barre Town

Haas of Rutland City

Hall of Newport City

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Hummel of Underhill

Johnson of Canaan

Jordan of Middlesex

Kennedy of Chelsea

Keogh of Burlington

Ketchum of Bethel

Kirker of Essex

Kitzmiller of Montpelier

Koch of Barre Town

LaBarge of Grand Isle

Larocque of Barnet

Larose of Richford

Larrabee of Danville

Larson of Burlington

LaVoie of Swanton

Lippert of Hinesburg

Livingston of Manchester

Mackinnon of Sharon

Marron of Stowe

Maslack of Poultney

Masland of Thetford

Mazur of South Burlington

Metzger of Milton

Milkey of Brattleboro

Miller of Shaftsbury

Molloy of Arlington

Monti of Barre City

Morrissey of Bennington

Myers of Essex

Nitka of Ludlow

Nuovo of Middlebury

O'Donnell of Vernon

Otterman of Topsham

Palmer of Pownal

Paquin of Fairfax

Partridge of Windham

Peaslee of Guildhall

Quaid of Williston

Randall of Bradford

Reese of Pomfret

Rogers of Castleton

Rosenquist of Georgia

Rusten of Halifax

Ryan of Waltham

Schaefer of Colchester

Schiavone of Shelburne

Scribner of Bristol

Shaw of Derby

Sheltra of Derby

Smith of New Haven

Starr of Troy

Stevens of Essex

Sweaney of Windsor

Sweetser of Essex

Symington of Jericho

Towne of Berlin

Tracy of Burlington

Valliere of Barre City

Vincent of Waterbury

Vinton of Colchester

Voyer of Morristown

Waite of Pawlet

Webster of Brattleboro

Webster of Randolph

Weeks of Wallingford

Westman of Cambridge

Willett of St. Albans City

Winters of Swanton

Winters of Williamstown

Wood of Brandon

Woodward of Johnson

Wright of Burlington

Zuckerman of Burlington

Those who voted in the negative are:

Keenan of St. Albans City

Kilmartin of Newport City

Little of Shelburne

Pugh of South Burlington

Seibert of Norwich

Wheeler of Burlington

Young of Orwell

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

Amidon of Charlotte

Audette of South Burlington

DePoy of Rutland City

Dostis of Waterbury

Follett of Springfield

Helm of Castleton

Kainen of Hartford

Kiss of Burlington

Krawczyk of Bennington

Mann of Leicester

Mullin of Rutland Town

Obuchowski of Rockingham

Osman of Plainfield

Pembroke of Bennington

Pike of Mendon

Pillsbury of Brattleboro

Severance of Colchester

Recess

At twelve o’clock and fifteen minutes in the afternoon, the Speaker declared a recess until one o’clock and thirty minutes in the afternoon.

Afternoon

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

Message from the Senate No. 46

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. 128. 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. 242. Joint resolution congratulating the 2002 Richford High School Falcons Division IV boys’ basketball team.

J.R.H. 243. Joint resolution honoring Vermont’s school bus drivers.

J.R.H. 245. Joint resolution honoring Vermonters who participated in September 11-related rescue and security missions, both in the United States and in the Southwest Asian Military Theater.

And has adopted the same in concurrence.

Rep. LaBarge of Grand Isle in Chair.

Bill Amended, Read Third Time and Passed

S. 275

Senate bill, entitled

An act relating to allowing pedestrian recreational activities on the state-owned parcel of the so-called Champion Lands;

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

In Sec. 2, by striking subdivision (a)(5)(B), and inserting the following:

(B) No plan shall be implemented until one year after the U.S. Fish and Wildlife Service management plan for the Silvio Conti Refuge has been adopted.

Rep. Deen of Westminster raised a Point of Order that the amendment substantially negates action taken yesterday by this body when it approved Sec. 1 and Sec. 2 a-c of the proposal of amendment, which Point of Order the Speaker ruled not well taken.

Thereupon the recommendation of proposal of amendment offered by Rep. Vinton of Colchester was disagreed to.

Pending third reading of the bill, Rep. Driscoll of Burlington moved the House propose to the Senate to amend the bill as follows:

First: in Sec. 2, by striking subdivision (a)(3) and inserting the following:

(3) Protection of natural resources, traditional public recreation and timber harvesting for the purposes of fostering game and wildlife habitat shall be permitted throughout the WMWMA, as wildlife management areas have historically been managed in the state and shall continue to be managed through this act.

Second: by inserting a new section 4 to read:

Sec.4. 10 V.S.A. § 2613 is added to read:

§ 2613. MANAGEMENT OF WEST MOUNTAIN WILDLIFE MANAGEMENT AREA

Without first obtaining specific authority by an act of the legislature, neither the secretary of the agency of natural resources, nor any employee of the agency, shall convey any easement on West Mountain wildlife management area that limits any traditional recreational activities including but not limited to hunting, fishing, or trapping.

And by renumbering the remaining section to be numerically correct.

Rep. Driscoll of Burlington asked that the question be divided and the second recommendation of proposal of amendment be taken up first.

Rep. Fisher of Lincoln moved to amend the recommendation of proposal of amendment offered by Rep. Driscoll of Burlington as follows:

By striking the House proposal of amendment and inserting the following, along with Rep. Driscoll of Burlington’s second proposal of amendment.

Sec. 1. 10 V.S.A. § 2613 is added to read:

§ 2613. MANAGEMENT OF STATE LANDS

(a) The commissioner of forests, parks and recreation and the commissioner of fish and wildlife shall assure that state-owned lands they manage are not subject to prohibitions on legal hunting, fishing and trapping or prohibitions on pedestrian recreational access on those lands. On purchasing or otherwise obtaining ownership of land on behalf of the state, the commissioner shall not agree to covenants, easements, or other legally binding requirements that would restrict pedestrian recreational access on those lands or that would restrict the ability of the public to legally hunt, fish, or trap on those lands.

(b) Notwithstanding the provisions of subsection (a) of this section, the commissioners may accept land or interests in land which restrict any combination of hunting, fishing, trapping, and pedestrian access when either or both of the following criteria are met:

(1) the acquisition is the completion of or connection to lands for which a significant public investment has been made;

(2) the location of the land or interest in land is in a developed or populated area.

(c) With regard to the so-called "Champion lands" and any other state-owned lands managed by the commissioners that, as of July 1, 2002, are subject to covenants, easements or other legally binding requirements that may restrict pedestrian recreational access or the ability of the public to legally hunt, fish, or trap on those lands, the appropriate commissioner shall negotiate with the other parties in interest with respect to those covenants, easements or other legally binding requirements in order to procure amendments to the documents in question that would remove the potential restrictions on pedestrian recreational access and the restrictions on the ability of the public to legally hunt, fish, or trap on the lands in question.

Rep. Angell of Randolph asked that Rep. Fisher of Lincoln amendment be divided and that Sec. 1 (a) and (b) be taken up first and Sec. 1 (c) be taken up second.

Rep. Angell of Randolph raised a Point of Order that Rep. Fisher of Lincoln amendment in the first instance was not germane to the bill, which Point of Order the Speaker ruled well taken in that the amendment of Rep. Fisher of Lincoln refers to management of all state lands and the bill deals only with clarifying Legislative intent on the Champion Lands. Then Rep. Fisher of Lincoln asked and was granted leave of the House to withdraw the second instance of proposal of amendment.

The recurring question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Driscoll of Burlington in the second instance? Was agreed to on a division vote. Yeas, 43. Nays, 37.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Driscoll of Burlington in the first instance? Rep. Shaw of Derby 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. Driscoll of Burlington in the first instance? was decided in the negative. Yeas, 21. Nays, 115.

Those who voted in the affirmative are:

Aswad of Burlington

Bohi of Hartford

Bolognani of Readsboro

Cross of Winooski

Darrow of Newfane

Driscoll of Burlington

Emmons of Springfield

Fisher of Lincoln

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Hummel of Underhill

Larson of Burlington

Milkey of Brattleboro

Molloy of Arlington

Nitka of Ludlow

Pillsbury of Brattleboro

Rogers of Castleton

Rusten of Halifax

Sweaney of Windsor

Zuckerman of Burlington

Those who voted in the negative are:

Adams of Hartland

Alfano of Calais

Allaire of Rutland City

Allard of St. Albans Town

Anderson of Woodstock

Angell of Randolph

Atkins of Winooski

Baker of West Rutland

Barney of Highgate

Bolduc of Barton

Bostic of St. Johnsbury

Bourdeau of Hyde Park

Brooks of Montpelier

Brown of Walden

Carey of Chester

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Connell of Warren

Crawford of Burke

Crowley of West Rutland

Dakin of Colchester

Darrow of Dummerston

Davis of Cavendish

Deen of Westminster

DePoy of Rutland City

Donovan of Burlington

Dostis of Waterbury

Doyle of Richmond

Duffy of Rutland City

Endres of Milton

Flory of Pittsford

George of Middlebury

Gervais of Enosburg

Goodridge of Albany

Grad of Moretown

Gray of Barre Town

Haas of Rutland City

Hall of Newport City

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Jordan of Middlesex

Keenan of St. Albans City

Kennedy of Chelsea

Keogh of Burlington

Ketchum of Bethel

Kilmartin of Newport City

Kirker of Essex

Kitzmiller of Montpelier

Koch of Barre Town

Krawczyk of Bennington

LaBarge of Grand Isle

Larocque of Barnet

Larose of Richford

Larrabee of Danville

Lippert of Hinesburg

Little of Shelburne

Livingston of Manchester

Mackinnon of Sharon

Marron of Stowe

Maslack of Poultney

Masland of Thetford

Mazur of South Burlington

Metzger of Milton

Miller of Shaftsbury

Monti of Barre City

Morrissey of Bennington

Myers of Essex

Nuovo of Middlebury

O'Donnell of Vernon

Obuchowski of Rockingham

Osman of Plainfield

Otterman of Topsham

Palmer of Pownal

Paquin of Fairfax

Partridge of Windham

Peaslee of Guildhall

Pike of Mendon

Quaid of Williston

Randall of Bradford

Reese of Pomfret

Rosenquist of Georgia

Ryan of Waltham

Schaefer of Colchester

Schiavone of Shelburne

Scribner of Bristol

Seibert of Norwich

Shaw of Derby

Sheltra of Derby

Smith of New Haven

Starr of Troy

Stevens of Essex

Sweetser of Essex

Symington of Jericho

Towne of Berlin

Tracy of Burlington

Valliere of Barre City

Vincent of Waterbury

Voyer of Morristown

Waite of Pawlet

Webster of Brattleboro

Webster of Randolph

Weeks of Wallingford

Westman of Cambridge

Wheeler of Burlington

Willett of St. Albans City

Winters of Swanton

Winters of Williamstown

Wood of Brandon

Woodward of Johnson

Wright of Burlington

Young of Orwell

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

Amidon of Charlotte

Audette of South Burlington

Follett of Springfield

Helm of Castleton

Kainen of Hartford

Kiss of Burlington

LaVoie of Swanton

Mann of Leicester

Mullin of Rutland Town

Pembroke of Bennington

Pugh of South Burlington

Severance of Colchester

Vinton of Colchester

Pending the question, Shall the bill pass? Rep. Scribner of Bristol 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, 90. Nays, 47.

Those who voted in the affirmative are:

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Angell of Randolph

Atkins of Winooski

Baker of West Rutland

Barney of Highgate

Bolduc of Barton

Bostic of St. Johnsbury

Bourdeau of Hyde Park

Brown of Walden

Carey of Chester

Clark of St. Johnsbury

Cleland of Northfield

Colvin of Bennington

Crawford of Burke

Crowley of West Rutland

Dakin of Colchester

Davis of Cavendish

DePoy of Rutland City

Driscoll of Burlington

Duffy of Rutland City

Endres of Milton

Flory of Pittsford

Follett of Springfield

George of Middlebury

Gervais of Enosburg

Goodridge of Albany

Gray of Barre Town

Haas of Rutland City

Hall of Newport City

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kainen of Hartford

Kennedy of Chelsea

Keogh of Burlington

Ketchum of Bethel

Kilmartin of Newport City

Kirker of Essex

Koch of Barre Town

Krawczyk of Bennington

LaBarge of Grand Isle

Larocque of Barnet

Larose of Richford

Larrabee of Danville

LaVoie of Swanton

Livingston of Manchester

Marron of Stowe

Maslack of Poultney

Mazur of South Burlington

Metzger of Milton

Monti of Barre City

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Palmer of Pownal

Peaslee of Guildhall

Pike of Mendon

Pillsbury of Brattleboro

Quaid of Williston

Randall of Bradford

Rogers of Castleton

Rosenquist of Georgia

Schaefer of Colchester

Schiavone of Shelburne

Scribner of Bristol

Shaw of Derby

Sheltra of Derby

Smith of New Haven

Starr of Troy

Stevens of Essex

Sweetser of Essex

Towne of Berlin

Valliere of Barre City

Voyer of Morristown

Waite of Pawlet

Webster of Randolph

Weeks of Wallingford

Westman of Cambridge

Wheeler of Burlington

Willett of St. Albans City

Winters of Swanton

Winters of Williamstown

Wood of Brandon

Wright of Burlington

Young of Orwell

Those who voted in the negative are:

Alfano of Calais

Anderson of Woodstock

Aswad of Burlington

Bohi of Hartford

Bolognani of Readsboro

Brooks of Montpelier

Connell of Warren

Darrow of Newfane

Darrow of Dummerston

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Doyle of Richmond

Emmons of Springfield

Fisher of Lincoln

Grad of Moretown

Heath of Westford

Hingtgen of Burlington

Hooker of Rutland City

Hummel of Underhill

Jordan of Middlesex

Keenan of St. Albans City

Kitzmiller of Montpelier

Larson of Burlington

Lippert of Hinesburg

Little of Shelburne

Mackinnon of Sharon

Masland of Thetford

Milkey of Brattleboro

Miller of Shaftsbury

Molloy of Arlington

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

Osman of Plainfield

Paquin of Fairfax

Partridge of Windham

Reese of Pomfret

Rusten of Halifax

Ryan of Waltham

Seibert of Norwich

Sweaney of Windsor

Tracy of Burlington

Vincent of Waterbury

Webster of Brattleboro

Woodward of Johnson

Zuckerman of Burlington

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

Amidon of Charlotte

Audette of South Burlington

Cross of Winooski

Helm of Castleton

Kiss of Burlington

Mann of Leicester

Mullin of Rutland Town

Pembroke of Bennington

Pugh of South Burlington

Severance of Colchester

Symington of Jericho

Vinton of Colchester

Rep. Bourdeau of Hyde Park explained her vote as follows:

"Mr. Speaker:

I long for the Vermont where a man’s word was his bond and a handshake took the place of an attorney."

Rep. Donovan of Burlington explained her vote as follows:

"Mr. Speaker:

My mother taught me to always receive a gift graciously and I am convinced that the Champion lands are a wonderful gift to all the people of Vermont for generations to come."

Rep. Sheltra of Derby explained her vote as follows:

"Mr. Speaker:

I voted yes because we are clarifying and enforcing the Legislative intent of 1999. This has been a bitter-sweet process, but it has proven that citizen involvement can be the key to effecting significant Legislative action.

The tireless efforts of the Federation of Sportsman and other groups along with Steve McCloud, Clint Gray and Mary Mastaler, have sent a message that outweighs even the value of this legislation."

Adjournment

At four o’clock and fifteen minutes in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.