Journal of the House
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THURSDAY, MARCH 25, 1999
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 Daniel Rupp of St.
Monica's Catholic Church of Barre.
Bill Referred to Committee on Appropriations
H. 213
House bill, entitled
An act relating to homestead exemption in connection with Medicaid
recovery;
Appearing on the Calendar, carrying an appropriation, under rule 35a, was
referred to the Committee on Appropriations.
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. 66
Joint resolution congratulating the 1999 Prudential Spirit of Community
Award Winners from Vermont
Offered by: Representatives Brooks of Montpelier, Blanchard of Essex,
Colvin of Bennington, Fox of Essex, Ginevan of Middlebury, Heath of
Westford, Jordan of Middlesex, Kitzmiller of Montpelier, Miller of Shaftsbury,
Nuovo of Middlebury, Parizo of Essex, Pembroke of Bennington and Sweetser
of Essex
Whereas, the Prudential Life Insurance Company and the National
Association of Secondary School Principals annually present the Prudential
Spirit of Community Awards to young persons in all 50 states who have
committed themselves to organizing and implementing a volunteer activity that
has positively benefited their respective communities, and
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Whereas, each of these award winners engaged in his or her selected
endeavor without any personal motivation or desire to seek public recognition,
and
Whereas, Brad Luck, a 17-year old senior at Essex High School established
the Essex Teen Center as a place where his contemporaries could gather for
regular and special events, and
Whereas, Brad led a $45,000.00 fundraising drive, secured the location and
was instrumental in developing a center whose innovative program schedule
has attracted a visit from U.S. Attorney General Janet Reno, and
Whereas, Patty Schultz, a 13 year-old eighth grader at Mount Anthony
Union Middle School, has for the last two years volunteered as an instructor at
a therapeutic horse-riding program, and
Whereas, through this activity, she has brought a bit of hope and a desire to
succeed to many physically challenged children, and
Whereas, in addition to these two state finalists who will travel to a national
award’s ceremony in Washington, D.C., two other outstanding Vermont young
persons were recognized as distinguished finalists in the awards’ competition,
and
Whereas, one of these finalists was Garrett Graff, a 17-year old senior at
Montpelier High School, who created the “492 Challenge” as an effort to
motivate all the students in his high school to perform a weekly hour of
community service, and
Whereas, the other distinguished finalist in Vermont is Jamaica Burns, a
17-year old senior at Middlebury Union High School, who established an
animal awareness club at her high school that works with the Addison County
Humane Society to promote the proper treatment of animals, now therefore be
it
Resolved by the Senate and House of Representatives:
That the General Assembly takes great pride in congratulating each of these
outstanding young Vermonters who have been awarded a 1999 Prudential
Spirit of Community Award, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Brad Luck of Essex Junction, Patty Schultz of North Bennington,
Garrett Graff of Montpelier and Jamaica Burns of Middlebury.
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THURSDAY, MARCH 25, 1999
J.R.H. 67
Joint resolution congratulating the Townshend Public Library on its
centennial anniversary
Offered by: Representative Darrow of Newfane
Whereas, in the waning moments of the twentieth century, the Townshend
Public Library commemorates the conclusion of its own first century of
serving the citizens of Townshend, with a literary menu that has educated,
enlightened and entertained readers both young and old, and
Whereas, the original home of the Townshend Public Library, when, in
1899, it triumphantly inaugurated its invaluable community role, was a small
corner of the Townshend grade school, and
Whereas, as the library’s collection expanded, both in quantity and
bibliographic scope, it moved across the common to a more commodious
location at the Townshend Town Hall, and
Whereas, by the late 1960’s, the library had once again become spatially
confined, and in 1969, it commenced a new existence in a building constructed
exclusively for the library’s use and longevity, and
Whereas, the staff and trustees of the Townshend Public Library are
rightfully proud of their facility’s extensive reference and children’s
departments which are vital cornerstones for a thriving public library, and
Whereas, the Townshend Public Library is far more than a fine edifice
housing an admirable collection of books and periodicals; it is also a
community center which provides a convenient meeting place for many local
events and organizations, and
Whereas, Townshend librarian Marilee Attley directs the daily operations of
the library in an incomparable manner that has brought great credit to this
venerable community institution, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly is pleased to congratulate the staff, trustees, and
patrons of the Townshend Public Library, who have striven to create a very
special place that on its centennial anniversary is as vital a community resource
as the day in 1899 when this very special public library initially opened, and be
it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Marilee Attley at the Townshend Public Library.
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J.R.H. 68
Joint resolution congratulating the Woodstock Union High School 1999
champion athletic and forensic teams
Offered by: Representatives Anderson of Woodstock, Dunne of Hartland,
Flory of Pittsford, Holmes of Bethel, Kehler of Pomfret, Pike of Mendon and
Sweaney of Windsor
Whereas, the students of Woodstock Union High School have excelled in
their athletic and intellectual pursuits, garnering four impressive state
championships during the current academic year, and
Whereas, the Woodstock Wasps Division II boys’ basketball team
concluded the season by winning 13 consecutive games, and repeated as state
champions by soundly defeating the Randolph Galloping Ghosts by the score
of 69-56, and
Whereas, the teamwork of the entire Wasp squad, including Caleb Turner,
Ryan Kilcullen, Jacob Crane, Lucas Ballard, Jordan Witko, Patrick Franzen,
Jesse Moore, Frederick Turner, Kenneth Hinchey, Christopher Hoskinson,
Shane Lawton and Scott Sargent, and the leadership of Coach Wayne Ramey
and Assistant Coach Scott Winham all contributed to the well-deserved
Division II championship title, and
Whereas, in alpine skiing competition Coach Karen Dalury was leading the
outstanding Wasp Boys’ and Girls’ teams to triumphant seasons as state
champions, and
Whereas, the boys’ team included Jonathan Souter, Benjamin LeBreque,
Benjamin Brettel, Scott Dunn, Michael Cronin, Edward Kinney, Joseph Dunn,
Colby Stetson, Patrick Clunnan and Samuel Shallow, and
Whereas, the Wasp girls’ team included Kristin Pontecorvo, Suki Dalury,
Cassandra Savelberg, Julia Brettel and Ashleigh Tucker, and
Whereas, while the alpine skiers and boys’ basketball team were garnering
their state championships, the Woodstock Union High School Forensics Team
demonstrated that their skills in the art of public speaking were second to none,
as they were crowned state champions, and
Whereas, the forensic team members included Leah Cole, Drew Cummings,
Tita Ferick, Megan Hike and Aiden O’Neil who were under the expert
guidance of Coach Gordon Ladd, now therefore be it
Resolved by the Senate and House of Representatives:
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THURSDAY, MARCH 25, 1999
That the General Assembly is delighted to congratulate the multi-talented
championship teams of Woodstock Union High School, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Coaches Wayne Ramey, Karen Dalury and Gordon Ladd at
Woodstock Union High School.
J.R.S. 38
By Senators Cummings, Doyle and Spaulding,
Joint resolution relating to congratulating Robert R. Pellon on his retirement
as a legislative doorkeeper.
Whereas, Robert R. Pellon, after having attended Spaulding High School
and the University of Vermont, chose a career in law enforcement by
becoming an officer in the Vermont State Police, and
Whereas, during the course of his career, he was a highly-respected
homicide investigator, and
Whereas, always seeking to improve the professional performance of his
duties, Robert R. Pellon completed specialized law enforcement courses at the
Harvard Medical School, Babson College and the Federal Bureau of Narcotics
Training School, and
Whereas, after concluding his service with the Vermont State Police, he
came to work at the State House as a legislative doorkeeper, and
Whereas, his cheerful countenance was always a welcomed sight on the
chambers’ floors, particularly in the Senate where he was most frequently
assigned, and
Whereas, at the conclusion of the 1998 legislative session, Robert R. Pellon
decided to retire and devote his time to his family and many community
interests, including his role as a member of the Barre City Board of Cemetery
Commissioners, and
Whereas, he will be missed by his many friends in the General Assembly,
now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly extends best wishes to Robert R. Pellon on the
occasion of the completion of his tenure as a legislative doorkeeper, and be it
further
RESOLVED: That the Secretary of State be directed to send a copy of this
resolution to Robert R. Pellon.
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448
Joint Resolutions Referred to Committee
J.R.S. 27
By Senators Bahre, Ide, Ready and Shumlin,
Joint resolution urging the United States Army Corps of Engineers and the
Federal Emergency Management Administration to adopt new regulations to
fully integrate the Corps into the emergency management process, and in the
alternative, requesting the United States Congress to enact statutory changes to
accomplish this goal.
Whereas, in June of 1998, the Mad River Valley of Vermont, and, in
particular, the town of Granville, sustained severe flooding damage, and
Whereas, the resulting damage to agricultural land, roads and private
manufacturing locations was among the most serious in decades, and
Whereas, Governor Howard Dean, after visiting the damaged sites,
promptly issued a state of emergency declaration, and
Whereas, President Clinton then quickly issued the corresponding federal
declaration that authorized the provision of various forms of federal assistance
to the stricken families, municipalities, farms and businesses, and
Whereas, because these declarations were issued with such rapidity after the
flood, state and federal authorities were able to initiate emergency programs
for the stricken victims in a matter of days, and
Whereas, nearly all of the federal, state and volunteer agencies that offered
their specialized services and programs in the Mad River Valley, including the
Federal Emergency Management Administration (FEMA), the Vermont
Natural Resources Conservation Service, the Vermont Department of
Environmental Conservation, the Vermont Agency of Transportation and the
American Red Cross performed their responsibilities in a magnificent and
extremely timely fashion, displaying courtesy, understanding and patience as
they earnestly tried to alleviate the innumerable problems that developed
during the days and weeks after the flooding, and
Whereas, this wonderful cooperative process of state, federal and volunteer
organizations working in tandem to expedite all necessary repair and
restoration work was shattered when river and stream repairs were ready for
implementation, and
Whereas, in the town of Hancock, a private landowner named Larry Bettis,
whose property is situated at the confluence of the White River and its
tributary, the Hancock Branch, was nearly set to begin necessary stream repairs
resulting from flood-related damage, and
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THURSDAY, MARCH 25, 1999
Whereas, he had received the full cooperation of nearly all the state and
federal authorities responsible for stream reconstruction, and
Whereas, at nearly the last moment, Mr. Bettis received a certified letter
from the U.S. Corps of Army Engineers, informing him that because his
proposal involved river dredging, a Corps permit was required and would be
conditioned on the presentation of numerous pieces of documentation, and
Whereas, when Mr. Bettis contacted the Corps explaining that his repair
work was necessitated by damage resulting from an unanticipated flooding
emergency, he was told that the Corps, pursuant to the Clean Water Act, had
jurisdiction over this project, and that no distinction was made for
emergency-related repairs, and
Whereas, because of the Corps objections, this critical repair project was
not completed before the winter of 1999-2000, and it may be more complex
and expensive should new flooding occur this spring, and
Whereas, the Granville Manufacturing Company (GMC) instituted
emergency repair work along the White River, without the Corps’ intervention,
only to be faced months later with a notice of violation from the Corps, stating
that fines in the range of $50,000.00 might be assessed, and
Whereas, had the Corps been involved in the immediate post-flooding
discussions, then many of the problems that have arisen in these and other
similar cases might have been avoided, and
Whereas, federal regulations must be changed, and, if necessary, statutory
modifications enacted, that will require the U.S. Army Corps of Engineers to
be a coordinating agency with FEMA from the moment the President issues an
emergency declaration, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly strongly urges the United States Army Corps of
Engineers and the Federal Emergency Management Administration to begin a
federal rules adoption procedure that will fully integrate the Corps into the
post-emergency declaration administrative process, and be it further
Resolved: That, should either agency lack the statutory authority to adopt
rules to implement this needed federal policy change, Congress should enact
the needed statutory amendments to enable these agencies to proceed, and be it
further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Lt. General Joe N. Ballard, Commander-in-Chief, United States
Army Corps of Engineers; James Lee Witt, Director of the Federal Emergency
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450
Management Administration; 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 General, Housing and Military Affairs.
J.R.S. 28
The Speaker placed before the House a joint resolution, entitled
Joint resolution relating to relating to urgently requesting the United States
government to immediately enter into negotiations with all other nuclear
nations for the adoption of a verifiable treaty to abolish nuclear weapons;
By Senators Shumlin, Ankeney, MacDonald, Ready and Rivers,
Whereas, even though the Cold War between the United States and the
former Soviet Union has ended, its worse remnant, the stockpiles of nuclear
weapons that still dot the face of the earth, remains an immediate and
horrendous threat to every person on the planet, and
Whereas, in 1998, the Indian subcontinent emerged as a new and potentially
devastating nuclear battle zone when, within a period of weeks, first India and
then Pakistan exploded nuclear devices, and
Whereas, in recognition of this terrible reality, on March 2, 1999, at their
respective town meetings, the citizens of 33 Vermont municipalities, including
Andover, Bakersfield, Bradford, Braintree, Brookfield, Burlington, Calais,
Charlotte, Chelsea, Colchester, Craftsbury, East Montpelier, Jericho, Johnson,
Marlboro, Marshfield, Montpelier, Newark, Norwich, Plainfield, Peacham,
Putney, Randolph, Rochester, St. Johnsbury, Shelburne, Stannard, Thetford,
Underhill, Vershire, Walden, Westford and Williston, voted to “call upon the
U.S. government and governments of all nuclear weapons states to secure on
an urgent basis a nuclear weapons abolition treaty. . .” that “must include an
early timetable for the elimination of nuclear weapons in a manner that is
mutual and verifiable among all nations”, and
Whereas, the voters of these towns also urged their local state legislators to
introduce a resolution in the General Assembly to this effect and to have the
adopted resolution forwarded to the Vermont Congressional Delegation, now
therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly calls upon the United States government to
enter into immediate negotiations with all nuclear weapons states for a
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THURSDAY, MARCH 25, 1999
verifiable treaty that establishes an early timetable for the abolition of nuclear
weapons, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution 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 General, Housing and Military Affairs.
Committee Bills Introduced
Committee bills of the following titles were severally introduced, read
the first time and, under the rule, placed on the Calendar for notice tomorrow.
H. 552
Rep. Little of Shelburne, for the committee on Judiciary, introduced a bill,
entitled
An act relating to the duties of magistrates;
H. 553
Rep. Starr of Troy, for the committee on Agriculture, introduced a bill
entitled
An act relating to discrimination in employment and housing.
Senate Bill Referred
S. 174
Senate bill, entitled
An act relating to a study of accessibility standards for residential housing;
Was taken up, read the first time and referred to the Committee on General,
Housing and Military Affairs.
Action on Bill Postponed
H. 548
House bill, entitled
An act relating to equal education opportunity omnibus act;
Was taken up and pending the reading of the report of the committees on
Ways and Means and Appropriations, on motion of Rep. Deen of
Westminster, action on the bill was postponed until the next legislative day.
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452
Joint Resolutions Adopted
Joint resolutions of the following titles were severally taken up and adopted
on the part of the House:
J.R.H. 63
Joint resolution congratulating the Enosburg Falls High School Hornets
1999 Division III girls’ basketball team;
J.R.H. 64
Joint resolution honoring registered nurses
J.R.H. 65
Joint resolution requesting the Governor and the Vermont Congressional
Delegation to support the White River Junction Veterans’ Administration
Medical and Regional Office Center (VAMROC), to strengthen its capacity to
provide Vermont’s veterans with medical care and benefit services, to serve as
a premier teaching facility, and to engage i essential research to benefit
veterans and the practice of medicine in Vermont.
Bill Amended, Read Third Time and Passed
H. 66
House bill, entitled
An act relating to obtaining search warrants for photographic surveillance
on private property;
Was taken up and pending third reading of the bill, Reps. Darrow of
Dummerston, Corren of Burlington, Maslack of Poultney, Osman of
Plainfield, Richardson of Weathersfield, Starr of Troy and Waite of
Pawlet moved to amend the bill as follows:
First: By striking the word “photographic” each time it appears in the
proposal
Second: In Sec. 1, the first paragraph, first sentence, after the words
“equipment on” by striking the word “certain”
Third: In Sec. 2, 13 V.S.A. § 4704(a) by striking the second sentence in its
entirety and inserting in lieu thereof the following:
This requirement shall apply if:
(1) the equipment is to be placed upon private property that is the
subject of the surveillance to record that property or activity on that property,
or both; or
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THURSDAY, MARCH 25, 1999
(2) the equipment is to be placed upon private property that is not the
subject of the surveillance to record another person’s private property or
activity on that property, or both.
Fourth: In Sec. 2, 13 V.S.A. § 4704(d), after the words “still cameras” by
inserting the following: “, audio recorders”, and after the following: “visual
image,” by adding the words “an audio recording”
Pending the question, Shall the House amend the bill as recommended by
Reps. Darrow of Dummerston, Corren of Burlington, Maslack of Poultney,
Osman of Plainfield, Richardson of Weathersfield, Starr of Troy and Waite of
Pawlet? Rep. Carmolli of Rutland City 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. Darrow of Dummerston, Corren of Burlington, Maslack of Poultney,
Osman of Plainfield, Richardson of Weathersfield, Starr of Troy and Waite of
Pawlet? was decided in the affirmative. Yeas, 94. Nays, 48.
Those who voted in the affirmative are:
Alfano of Calais
Allard of St. Albans Town
Baker of West Rutland
Bourdeau of Hyde Park
Bouricius of Burlington
Bristol of Brattleboro
Brown of Walden
Buckland of Newport Town
Clark of St. Johnsbury
Corren of Burlington
Costello of Brattleboro
Crawford of Burke
Darrow of Newfane
Darrow of Dummerston
Deen of Westminster
DePoy of Rutland City
Doyle of Richmond
Dunne of Hartland
Emmons of Springfield
Flory of Pittsford
Freed of Dorset
Ginevan of Middlebury
Gray of Barre Town
Hathaway of Barton
Heath of Westford
Helm of Castleton
Hingtgen of Burlington
Hoag of Woodford
Holmes of Bethel
Houston of Ferrisburg
Howrigan of Fairfield
Hube of Londonderry
Hudson of Lyndon
Hummel of Underhill
Johnson of Canaan
Keenan of St. Albans City
Kehler of Pomfret
Kinsey of Craftsbury
Kitzmiller of Montpelier
Krasnow of Charlotte
Krawczyk of Bennington
Kreitzer of Rutland City
LaBarge of Grand Isle
Larocque of Barnet
Larrabee of Danville
Mackinnon of Sharon
Marron of Stowe
Maslack of Poultney
Mazur of South Burlington
Mazzariello of Rutland City
McGrath of Ferrisburg
Metzger of Milton
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Morrissey of Bennington
Mullin of Rutland Town
Neiman of Georgia
Osman of Plainfield
Palmer of Pownal
Paquin of Fairfax
Partridge of Windham
Peaslee of Guildhall
Pike of Mendon
Postman of Brownington
Pratt of Castleton
Pugh of South Burlington
Quaid of Williston
Randall of Bradford
Richardson of Weathersfield
Rivero of Milton
Robb of Swanton
Rusten of Halifax
Seibert of Norwich
Sheltra of Derby
Sherman of St. Johnsbury
Smith of Sudbury
Starr of Troy
Stevens of Newbury
Suchmann of Chester
Sweetser of Essex
Symington of Jericho
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Waite of Pawlet
Weiss of Northfield
JOURNAL OF THE HOUSE
Westman of Cambridge
Willett of St. Albans City
Winters of Williamstown
Wisell of Bristol
Woodward of Johnson
Young of Orwell
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Zuckerman of Burlington
Those who voted in the negative are:
Anderson of Woodstock
Angell of Randolph
Aswad of Burlington
Atkins of Winooski
Barbieri of Wallingford
Barney of Highgate
Blanchard of Essex
Brooks of Montpelier
Carmolli of Rutland City
Cleland of Northfield
Colvin of Bennington
Cross of Winooski
Dakin of Colchester
Dominick of Starksboro
Edwards of Swanton
Flaherty of South Burlington
Follett of Springfield
Fox of Essex
Fyfe of Newport City
Gervais of Enosburg
Gretkowski of Burlington
Jordan of Middlesex
Kainen of Hartford
Lafayette of Burlington
Lehman of Hartford
Lippert of Hinesburg
Little of Shelburne
Livingston of Manchester
Mallary of Brookfield
Masland of Thetford
McNamara of Burlington
Molloy of Arlington
Moore of Rutland City
Nitka of Ludlow
Nuovo of Middlebury
O'Donnell of Vernon
Parizo of Essex
Perry of Richford
Schaefer of Colchester
Schiavone of Shelburne
Severance of Colchester
Steele of Waterbury
Sullivan of Burlington
Sweaney of Windsor
Towne of Berlin
Vinton of Colchester
Voyer of Morristown
Wheeler of Burlington
Those members absent with leave of the House and not voting are:
Deuel of West Rutland
Hyde of Fayston
Koch of Barre Town
Pembroke of Bennington
Poirier of Barre City
Smith of New Haven
Wood of Brandon
Pending third reading of the bill, Reps. Darrow and Maslack of Poultney
moved to amend the bill as follows:
In Sec. 1, second paragraph, second sentence by striking the following “, on
private property to record the property or activity of the property” and inserting
in lieu thereof after the words “law enforcement” the following: “on private
property”
Which was agreed to.
Thereupon, the bill was read the third time and passed.
Third Reading; Bills Passed
House bills of the following titles were severally taken up, read the third
time and passed:
H. 420
An act relating to health insurance;
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THURSDAY, MARCH 25, 1999
H. 451
An act relating to confidentiality of HIV reporting.
Bill Read Second Time; Third Reading Ordered
H. 550
House bill entitled
An act relating to changing of the name of the town of Sherburne to the
town of Killington;
Having appeared on the Calendar one day for notice, was taken up, read the
second time and third reading ordered.
Bill Amended; Third Reading Ordered
H. 41
Rep. Voyer of Morristown, for the Committee on Judiciary, to which had
been referred House bill, entitled
An act relating to children coping with separation and divorce;
Reported in favor of its passage when amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. Rule 14 of the Vermont Rules For Family Proceedings is revised to
read:
Rule 14. Litigant Education Programs in Family Court
(a) In General.
(1) The judges of the Family Court in each county are authorized and
encouraged to develop litigant education programs of the following types:
(A) Orientation of litigants to court procedure in order to aid their
understanding of the litigation process.
(B) Orientation of litigants to the benefits and availability of mediation
and other methods of alternative dispute resolution; provided that, when
domestic violence is involved in an action, the litigants shall not be required to
attend such an orientation program.
(C) Education concerning the legal and social aspects of the substantive
matters underlying certain types of litigation, such as that involving parental
rights and responsibilities or domestic violence.
(D) Orientation and referral to available community and social services.
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456
(2) All Family Court litigant education programs should have the basic
goal of rendering the courts and the legal system more accessible and more
humane in their effect on litigants and others affected by litigation and should
respond to the particular needs of the population of the community and region
in which each court sits.
(b) Assessment and Evaluation. There should be a method for ongoing
assessment and evaluation of the program and its effect on litigants, with
provision for annual summarization of the results in reports to the Court
Administrator.
(c) Local Advisory Committee. In each county, the Family Court should
establish a local advisory committee on litigant education programs with
representatives of the community at large, organizations representing groups
who are affected by the programs, the local bar, and community social service
agencies. The function of the advisory committees is to assist the judges and
case managers of each court in devising programs that satisfy the criteria of
subdivision (a) (2) of this order.
(d) Waiver of Attendance. Each program should contain appropriate
provisions permitting the court to waive any requirement of attendance on a
showing by a litigant of a constitutionally protected interest that would be
invaded by participation in a particular program, or a personal disability or
vulnerability that would render participation onerous or dangerous.
(e) Fees. Litigants may be charged fees for participation when necessary to
meet the cost of a program, but provision must be made to permit attendance
by individuals who cannot afford the fees.
(f) Unless granted a waiver under subsection (d) of this section or good
cause is shown for nonattendance, the court shall require that parties with
minor children attend a coping with separation and divorce program within
three months of the filing of a complaint in an action for divorce. The program
shall be approved by the court and shall address issues and concerns relating to
the impact of separation and divorce on children, including the following:
(1) Understanding separation and divorce.
(2) Parenting skills to deal with the stresses and challenges of separation
and divorce.
(3) Managing family conflict.
(4) The effects on children of disruption of parent-child contact.
(5) Economic hardship.
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(6) The effects of domestic abuse and violence on victims and the
resources and services available for victims in Vermont.
(g) The court may require attendance at other programs when appropriate.
(h) The parties shall be given notice of the requirements of this subsection
and the sanctions for noncompliance. A party who is required to attend a
program under this section shall not have to attend the program with the other
party and shall be so informed by the court.
(f)(i) Sanctions. The court may require attendance at a program when
appropriate, but the sanctions for nonattendance at a program ordered by the
court by an individual who is not granted a waiver may not include dismissal
or default or other sanctions that materially impair rights at stake in the
litigation or prevent the proper presentation of a claim or defense.
The bill, having appeared on the Calendar one day for notice, was taken up,
read the second time, report of the committee on Judiciary agreed to and third
reading ordered.
Bill Amended; Third Reading Ordered
H. 180
Rep. Metzger of Milton, for the committee on Agriculture, to which had
been referred House bill, entitled
An act relating to agricultural credit;
Reported in favor of its passage when amended as follows:
First: On page 11, line 6, by striking “;TAX EXEMPTION”
Second: On page 11, line 7 by striking “(a)”
Third: On page 11, by striking line 9 through line 17
Fourth: On page 15, line 11 by inserting after the period
Notwithstanding the repeal of 10 V.S.A. § 363, the full faith and credit
of the state of Vermont continues to be pledged to secure repayment of the
certificates issued by the authority through June 30, 1998 pursuant to 10
V.S.A. § 362 as repealed by Sec. 3 of this act.
Fifth: On page 15, line 13 by inserting after the word “program”
and debt stabilization program
Rep. Mazur of South Burlington, for the committee on Commerce,
recommends the bill be amended as follows:
First: On page 14, line 9, by inserting after the period:
JOURNAL OF THE HOUSE
458
Sec. 1a. 10 V.S.A. § 227 is amended to read:
§ 227. ACQUISITION AND DISPOSAL OF PROPERTY
The authority may take assignments of leases, notes and mortgages securing
notes and other forms of security. It may take title to, or possession of, any
mortgaged property by foreclosure or conveyance, provided however, that all
real and personal property to which the authority may take title by foreclosure
or voluntary conveyance in lieu thereof shall, as long as it is not leased or
rented, be exempt from all taxes and assessments of the state and all local
municipal property taxes for the remaining balance of the tax year in which
title becomes vested in the authority and the entire next succeeding year,
provided however, that thereafter the authority shall pay 50 percent of the local
municipal property taxes of the authority's ownership, and may sell, lease or
rent such mortgaged property for a use other than that specified in the
definition of "eligible facility" in this chapter, in accordance with the terms of
the insurance contract or an assignment of the mortgage.
Rep. Perry of Richford, for the Committee on Ways and Means,
recommends the bill ought to pass when amended as recommended by the
committees on Agriculture and Commerce.
The bill, having appeared on the Calendar one day for notice, was taken up,
read the second time, the reports of the committees on Agriculture, Commerce
and Ways and Means, agreed to and third reading ordered.
Favorable Report; Third Reading Ordered
H. 532
Rep. Mallary of Brookfield, for the committee on Ways and Means, to
which had been referred House bill, entitled
An act relating to professions and occupations;
Reported in favor of its passage. The bill, having appeared on the Calendar
one day for notice, was taken up, read the second time and third reading
ordered.
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 adopted a
joint resolution of the following title:
459
THURSDAY, MARCH 25, 1999
J.R.S. 40. 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.S. 63. Joint resolution congratulating the Enosburg Falls High School
Hornets 1999 Division III girls’ basketball team.
And has adopted the same in concurrence.
Adjournment
At eleven o’clock and fifty 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.