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Journal of the House

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THURSDAY, FEBRUARY 20, 2003

At one o'clock in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Dan VanLuven, Roadside Chapel, Rutland .

Message from the Senate No. 22

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has on its part adopted joint resolutions of the following titles:

J.R.S. 17. Joint resolution strongly urging the GlaxoSmithKline Corporation to immediately resume prescription drug deliveries to Canadian-based mail-order pharmacies.

J.R.S. 18. Joint resolution relating to weekend adjournment.

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

The Senate has considered a joint resolution originating in the House of the following title:

J.R.H. 1. Joint resolution requesting the Vermont Attorney General to investigate the antitrust issues associated with the proposed corporate merger between H. P. Hood, Inc. and National Dairy Holdings.

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

Joint Resolution Referred to Committee

J.R.H. 9

Reps. Nuovo of Middlebury, Zuckerman of Burlington, Anderson of Woodstock, Aswad of Burlington, Atkins of Winooski, Audette of South Burlington, Bohi of Hartford, Botzow of Pownal, Branagan of Georgia, Brooks of Montpelier, Chen of Mendon, Clark of Vergennes, Connell of Warren, Cross of Winooski, Dakin of Colchester, Darrow of Dummerston, Deen of Westminster, Donahue of Northfield, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, Fallar of Tinmouth, Fisher of Lincoln, French of Randolph, Gervais of Enosburg, Grad of Moretown, Head of South Burlington, Heath of Westford, Hingtgen of Burlington, Howrigan of Fairfield, Hummel of Underhill, Hunt of Essex, Jewett of Ripton, Johnson of South Hero, Kainen of Hartford, Keenan of St. Albans City, Keogh of Burlington, Kiss of Burlington, Kitzmiller of Montpelier, Klein of East Montpelier, Larson of Burlington, Lippert of Hinesburg, Maier of Middlebury, Marek of Newfane, Martin of Springfield, Masland of Thetford, McAllister of Highgate, McCullough of Williston, McLaughlin of Royalton, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Monti of Barre City, Myers of Essex, Nease of Johnson, Obuchowski of Rockingham, Partridge of Windham, Pillsbury of Brattleboro, Reese of Pomfret, Rodgers of Glover, Rusten of Halifax, Seibert of Norwich, Severance of Colchester, Shand of Weathersfield, Sharpe of Bristol, Starr of Troy, Sweaney of Windsor, Sweeney of Colchester, Symington of Jericho, Tracy of Burlington, Trombley of Grand Isle, Vincent of Waterbury and Waite of Pawlet offered a joint resolution, entitled

Joint resolution strongly urging the President to revise executive orders and policies, and for Congress to amend provisions of the U.S.A. Patriot Act, which seriously erode fundamental civil liberties

Whereas, on September 11, 2001, for the first time since the War of 1812, the continental United States was subjected to an attack from abroad when terrorists commandeered four commercial airliners and destroyed the World Trade Center in New York City and caused significant damage to the Pentagon, and

Whereas, in response to these tragic and devastating events, which cost nearly 3,000 innocent American lives, Congress adopted the U.S.A. Patriot Act (Public Law 107-56) which is intended to enable the federal government to act more authoritatively in preventing future attacks, and

Whereas, while the prevention of future terrorist attacks is a critical national priority, it is equally important to preserve the fundamental civil liberties and personal freedoms which were enshrined in the Bill of Rights over 200 years ago, and which have been preserved through a constant vigilance and outcry against periodic threats to their existence, and

Whereas, while sunset review dates were attached to certain provisions, the final bill remains, perhaps, the most severe legislative attack on civil liberties since the passage of the Alien and Sedition Acts in the 1790s, and

Whereas, under the auspices of both the U.S.A. Patriot Act and related executive orders, persons from the Middle East and South Asia have been unjustly targeted for interrogation and possible deportation, and

Whereas, the ability of the Central Intelligence Agency to engage in domestic spying activities, with tragic repercussions, fortunately halted in the 1970s, but is now being revived pursuant to sections 223 and 901 of the Act, and

Whereas, section 213 greater lowers the threshold required for a court to issue a search warrant, and

Whereas, section 216 nearly eliminates judicial supervision of telephone and internet surveillance, and

Whereas, section 411 gives the U.S. Attorney General extraordinarily broad authority to designate domestic groups as “terrorist organizations,” and

Whereas, both sections 411 and 412 subject noncitizens to indefinite detention or deportation even if they have not committed a crime, and

Whereas, several sections of the bill, including 215, 218, 358, and 508, permit law enforcement authorities to have broad access to sensitive mental health, library, business, financial, and educational records despite the existence of previously adopted state and federal laws which were intended to strengthen the protection of these types of records, and

Whereas, there has been an especially strong outcry in Vermont against the ability of federal authorities, under section 215 of the Act, to obtain

judicially-issued warrants for library or bookstore patron records based on minimal information, and the accompanying prohibition on librarians and bookstore personnel from revealing any information regarding the request, and

Whereas, this provision runs directly counter to the intent of the Vermont General Assembly to protect the privacy of a library patron’s records as codified in Title 3 § 317(c)(19) of the Vermont Statutes Annotated, and the code of ethics of the American Library Association, and

Whereas, both the Fletcher Free Library Commission and the Vermont Library Association have expressed their strongest possible concerns that the U.S.A. Patriot Act undermines constitutionally-guaranteed rights and the privacy of library patrons, and

Whereas, Congressman Bernard Sanders has announced his intention to sponsor legislation to exempt libraries and booksellers from the disclosure requirements of the U.S.A. Patriot Act, and

Whereas, a number of municipal legislative bodies, including the Burlington City Council, have expressed their deep concerns relative to the U.S.A. Patriot Act’s historic degradation of civil liberties, and

Whereas, the law gravely threatens the civic values, personal freedoms, and rights that constitute the foundation of our national existence, now therefore

be it

Resolved by the Senate and House of Representatives:

That the General Assembly strongly urges the President and members of the executive branch to review and revise executive orders and policies which have been adopted since September 11, 2001, and be it further

Resolved: That the General Assembly strongly urges the United States Congress to revise the U.S.A. Patriot Act in order to restore and protect our nation’s fundamental civil liberties, and, in particular, to enact Representative Sanders’ proposal to exempt libraries and bookstores from the provisions of the Act, and be it further

Resolved: That the General Assembly requests that the office of the Vermont Attorney General offer legal support to any public library which is subject to a federal suit or administrative enforcement action for refusing to comply with the provisions of the Act related to library patrons’ records, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the President of the United States, to each member of the Vermont Congressional Delegation, and to Keith M. Fiels, Executive Director of the American Library Association, in Chicago.

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

Joint Resolution Referred to Committee

J.R.S. 17

The Speaker placed before the House a joint resolution, entitled

Joint resolution strongly urging the GlaxoSmithKline corporation to immediately resume prescription drug deliveries to Canadian based mail-order pharmacies;

By Senators Sears, Ayer, Bartlett, Bloomer, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Greenwood, Illuzzi, Leddy, Lyons, MacDonald, Mazza, Miller, Munt, Scott, Welch, and White,

Whereas, Americans are forced to pay prescription drug prices which far exceed those in any other nation, and

Whereas, these extraordinarily high prices have a severe economic impact on senior citizens, who are least able to afford the costs of essential medications, and

Whereas, Canadian pharmacies are a critical resource for Vermonters to purchase prescription drugs at up to 80 percent less than the United States, and

Whereas, one of the major suppliers to Canadian‑based mail-order pharmacies is the British GlaxoSmithKline corporation, the world’s second largest drug manufacturer, whose total annual sales for the most recently measured 12‑month period were $29.5 billion, and

Whereas, on January 21, 2003, GlaxoSmithKline suspended all shipments of prescription drugs to these Canadian pharmacies, including popular medications such as the antidepressant Paxil and the allergy drug Flonase, and

Whereas, this suspension will severely affect the medical needs of many Vermont seniors, and

Whereas, GlaxoSmithKline is also the manufacturer of many popular nonprescription consumer products, including Tums antacid and Aquafresh toothpaste, and

Whereas, in retaliation against the corporation’s suspension of prescription deliveries to Canadian pharmacies, many senior citizen organizations are participating in the “Turn down” boycott of GlaxoSmithKline’s products, and

Whereas, a major rally protesting the company’s actions is scheduled to occur on February 20 outside GlaxoSmithKline’s American headquarters in Philadelphia, and

Whereas, GlaxoSmithKline claims the drug supply stoppage was instigated to protect American consumers against unsafe or counterfeit medications, which would certainly not include brand‑name drugs which are packaged and identified as GlaxoSmithKline products, and

Whereas, the assertion of GlaxoSmithKline officials that Americans may be violating United States drug laws must be balanced against repeated assurances from U.S. Food and Drug Administration officials that individuals importing prescription drugs from Canada, for exclusively personal use, have no need to fear that the federal government will interfere in their Canadian drug purchases, and

Whereas, it is apparent that the company’s motivation is premised on the loss of profits it has experienced from the shift of purchases from U.S. to Canadian pharmacies, and

Whereas, if other major drug manufacturers perceive GlaxoSmithKline’s actions as successful, they may quickly follow suit, and

Whereas, it is imperative that GlaxoSmithKline resume its shipments of prescription drugs to Canadian pharmacies, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly strongly urges the GlaxoSmithKline corporation to immediately resume all the prescription drug deliveries to Canadian pharmacies suspended on January 21, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the U.S. headquarters of GlaxoSmithKline in Philadelphia and to the members of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the Committee on Health and Welfare.

House Bills Introduced

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

H. 240

By Reps. Grad of Moretown, Brooks of Montpelier, Donahue of Northfield, Gervais of Enosburg, Sweetser of Essex and Tracy of Burlington,

An act relating to military pension income tax exemption;

To the committee on General, Housing and Military Affairs.

H. 241

By Rep. Myers of Essex,

An act relating to passing and no-passing zones on highways;

To the committee on Transportation.

H. 242

By Reps. Bohi of Hartford, Fisher of Lincoln and Pugh of South Burlington,

An act relating to unsolicited electronic mail advertisements;

To the committee on Commerce.

H. 243

By Rep. Lavoie of Swanton,

An act relating to aggravated cruelty to animals;

To the committee on Judiciary.

H. 244

By Reps. Branagan of Georgia and Pillsbury of Brattleboro (By Request),

An act relating to providing candidates for elected office equal access to media;

To the committee on Local Government.

H. 245

By Reps. Hudson of Lyndon, LaVoie of Swanton, Duffy of Rutland City, Baker of West Rutland, Wright of Burlington, Adams of Hartland, Allaire of Rutland City, Bartlett of Dover, Bolduc of Barton, Bostic of St. Johnsbury, Branagan of Georgia, Brown of Walden, Carey of Chester, Crowley of West Rutland, DePoy of Rutland City, Donaghy of Poultney, Endres of Milton, Errecart of Shelburne, Flory of Pittsford, Gervais of Enosburg, Gray of Barre Town, Haas of Rutland City, Helm of Castleton, Johnson of Canaan, Kainen of Hartford, Kennedy of Chelsea, Keogh of Burlington, Ketchum of Bethel, Kirker of Essex, Koch of Barre Town, Krawczyk (Albert) of Bennington, Krawczyk (Joseph) of Bennington, Larocque of Barnet, Livingston of Manchester, Mazur of South Burlington, Morrissey of Bennington, Myers of Essex, Otterman of Topsham, Peaslee of Guildhall, Robinson of Richmond, Rogers of Castleton, Schiavone of Shelburne, Severance of Colchester, Shaw of Derby, Sheltra of Derby, Sweetser of Essex, Towne of Berlin, Valliere of Barre City, Waite of Pawlet and Webster of Randolph,

An act relating to appointment of the commissioner of education by the Governor;

To the committee on Government Operations.

H. 246

By Rep. Young of Orwell,

An act relating to access to potable water in public buildings;

To the committee on Institutions.

H. 247

By Reps. Hall of Newport City, Cross of Winooski, Haas of Rutland City, Helm of Castleton, Kilmartin of Newport City, Myers of Essex and Robinson of Richmond,

An act relating to removing fallen trees from watercourses;

To the committee on Natural Resources and Energy.

H. 248

By Reps. Klein of East Montpelier and Young of Orwell,

An act relating to promotion of energy efficiency and renewable electric generation;

To the committee on Commerce.

H. 249

By Reps. Metzger of Milton and Wright of Burlington,

An act relating to a statewide teachers’ contract;

To the committee on Education.

H. 250

By Reps. Winters of Swanton, Gray of Barre Town, Parent of St. Albans City and Peaslee of Guildhall,

An act relating to removal of motor vehicles from state and municipal highways and property and enforcement of liens to collect towing and storage charges;

To the committee on Transportation.

H. 251

By Rep. Metzger of Milton,

An act relating to limiting future use of agricultural land;

To the committee on Agriculture.

Committee Relieved of Consideration

and Resolution Placed on Calendar for Notice

J.R.S. 17

Rep. Miller of Shaftsbury moved that the Committee on Health and Welfare be relieved of Joint resolution, entitled

Joint resolution strongly urging the GlaxoSmithKline corporation to immediately resume prescription drug deliveries to Canadian based mail-order pharmacies;

Pending the question, Shall the House relieved the committee on Health and Welfare of J.R.S. 17? Rep. Tracy 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, Pending the question, Shall the House relieved the committee on Health and Welfare of J.R.S. 17? was decided in the affirmative. Yeas, 68. Nays 66.

Those who voted in the affirmative are:

Adams of Hartland

Amidon of Charlotte

Anderson of Woodstock

Atkins of Winooski

Audette of South Burlington

Bohi of Hartford

Botzow of Pownal

Brooks of Montpelier

Chen of Mendon

Connell of Warren

Corcoran of Bennington

Cross of Winooski

Dakin of Colchester

Darrow of Dummerston

Deen of Westminster

Donaghy of Poultney

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

French of Randolph

Gervais of Enosburg

Head of South Burlington

Heath of Westford

Hingtgen of Burlington

Howrigan of Fairfield

Hummel of Underhill

Jewett of Ripton

Johnson of South Hero

Kenyon of Bradford

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Larson of Burlington

Lippert of Hinesburg

Maier of Middlebury

Marek of Newfane

Martin of Springfield

Masland of Thetford

McCullough of Williston

McLaughlin of Royalton

Miller of Shaftsbury

Molloy of Arlington

Monti of Barre City

Morrissey of Bennington

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

Partridge of Windham

Pelham of Calais

Pillsbury of Brattleboro

Pugh of South Burlington

Reese of Pomfret

Rodgers of Glover

Rusten of Halifax

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Starr of Troy

Sweaney of Windsor

Symington of Jericho

Tracy of Burlington

Trombley of Grand Isle

Vincent of Waterbury

Zuckerman of Burlington

Allaire of Rutland City

Allard of St. Albans Town

Baker of West Rutland

Bartlett of Dover

Bolduc of Barton

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Brown of Walden

Carey of Chester

Clark of St. Johnsbury

Clark of Vergennes

Crawford of Burke

Crowley of West Rutland

DePoy of Rutland City

Donahue of Northfield

Duffy of Rutland City

Dunsmore of Georgia

Endres of Milton

Errecart of Shelburne

Flory of Pittsford

Gray of Barre Town

Haas of Rutland City

Hall of Newport City

Helm of Castleton

Houston of Ferrisburgh

Hube of Londonderry

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, A. of Bennington

Krawczyk, J. of Bennington

Larrabee of Danville

LaVoie of Swanton

Livingston of Manchester

Marron of Stowe

Mazur of South Burlington

McAllister of Highgate

Miller of Elmore

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Parent of St. Albans City

Robinson of Richmond

Rogers of Castleton

Schiavone of Shelburne

Severance of Colchester

Shaw of Derby

Sheltra of Derby

Smith of New Haven

Sunderland of Rutland Town

Sweeney of Colchester

Sweetser of Essex

Towne of Berlin

Valliere of Barre City

Webster of Randolph

Westman of Cambridge

Winters of Swanton

Winters of Williamstown

Wood of Brandon

Wright of Burlington

Thereupon, under the rule, the bill was placed on the Calendar for notice tomorrow.

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

“Mr. Speaker:

Prior to this motion being made, I had already asked our committee assistant to schedule time tomorrow afternoon to work on this resolution. This is an important issue, and I intend to give it our highest priority. We should, however, check out the facts and be sure the resolution properly addresses the problem before rushing to a vote.”

Rep. Brown of Walden explained his vote as follows:

“Mr. Speaker:

I voted no because my constituents know I work hard for them on all health care issues! I will not play party political trickery with their health. They are too important to me.”

Third Reading; Bills Passed

House bills of the following titles were severally taken up, read the third time and passed:

H. 5

House bill, entitled

An act relating to requiring that a municipal plan include an economic development element;

H. 127

House bill, entitled

An act relating to the merger of East Barre Fire District No. 1 into the Town of Barre.

Bill Amended; Third Reading Ordered

H. 123

Rep. Head of South Burlington, for the committee on Commerce, to which had been referred House bill, entitled

An act relating to lowering the minimum nonforfeiture rate of interest;

Reported in favor of its passage when amended as follows:

By adding new Secs. 2 and 3 to read as follows:

Sec. 2. 8 V.S.A. § 3750(d)(A) is amended to read:

(A) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of ~~one and one-half~~ three percent per annum of percentages of the net considerations (as hereinafter defined) paid prior to such time,:

(i) decreased by the sum of:

(I) any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of ~~one and one-half~~ three percent per annum; and

* * *

Sec. 3. EFFECTIVE DATE

This act, except for Sec. 2, shall be effective upon passage and shall apply to all contracts of annuity subject to 8 V.S.A. § 3750 issued after that date. Sec. 2 shall be effective January 1, 2005.

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.

Favorable Report; Third Reading Ordered

S. 2

Rep. Atkins of Winooski, for the committee on Government Operations, to which had been referred Senate bill, entitled

An act relating to the management of archival records;

Reported in favor of its passage in concurrence. The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Adjournment

At two o’clock and ten minutes in the afternoon, on motion of Rep. Houston of Ferrisburgh, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.