1547 FRIDAY, JUNE 1, 2001
Journal of the House
______
FRIDAY, JUNE 1, 2001
At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Speaker Walter Freed of Dorset.
Message from the Senate No. 82
A message was received from the Senate by Mr. Gibson, its Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles:
H. 124. An act relating to the Vermont wage board.
H. 144. An act relating to sex offender registration and community notification.
H. 198. An act relating to apprenticeship training.
H. 229. An act relating to the underground utility damage prevention system.
And has accepted and adopted the same on its part.
The Senate has considered House proposal of amendment to Senate bill entitled:
S. 9. An act relating to unlawfully sheltering and aiding a runaway child.
And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;
The President pro tempore announced the appointment as members of such Committee on the part of the Senate:
Senator Sears
Senator Campbell
Senator Bloomer
Memorial Service
The Speaker placed before the House the following name of a member of past sessions of the Vermont General Assembly who had passed away recently:
Edward C. Lucas of Bridgewater
Sessions 1979 - 1992
Thereupon, the members of the House rose for a moment of prayer in memory of the deceased member. The Clerk was thereupon directed to send a copy of the House Journal to the bereaved family.
Joint Resolution Referred to Committee on Appropriations
J.R.S. 75
Joint resolution bill, entitled
An act relating to establishment of a committee to study out-of-state school programs;
Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.
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. 155
Joint resolution designating June 19, 2001 as Juneteenth Day
Offered by: Representatives Larson of Burlington, Brooks of Montpelier, Driscoll of Burlington, Kiss of Burlington, Rogers of Castleton and Schaefer of Colchester
Whereas, slavery was banned in Vermont pursuant to Chapter 1, § 1 of the Vermont Constitution, as it was originally adopted on July 2, 1777 in Windsor, and
Whereas, unlike in the enlightened republic, and later state of Vermont, many other jurisdictions permitted and encouraged slavery until the practice was finally abolished during the Civil War, and
Whereas, on January 1, 1863, President Abraham Lincoln signed the “Emancipation Proclamation” that abolished slavery throughout the Confederacy, but which was only enforced in those Confederate states that were under the control of the Union Army, and
Whereas, it was only upon enactment of the 13th Amendment to the United States Constitution, and the receipt of the news on June 19, 1865 (known as Juneteenth Day), that the last enslaved African Americans, in the states of Arkansas, California, Louisiana, Oklahoma and Texas finally gained their freedom and basic human dignity, and
Whereas, the final elimination of slavery in the United States is an event surely worthy of commemoration, and
Whereas, observing Juneteenth Day in Vermont would provide an opportunity to commemorate the abolishment of slavery in our nation, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly designates June 19, 2001 as Juneteenth Day, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Roy Hill in Essex.
H. R. 24
House resolution honoring Benjamin Herreid on becoming an Eagle Scout
Offered by: Representative Larocque of Barnet
Whereas, scouting is a movement that challenges, inspires and guides young men toward high achievements and high values as expressed in the Scout oath, law, motto and slogan, and
Whereas, the rank of Eagle is the highest rank in Boy Scouting, and
Whereas, attainment of Eagle rank requires mastery of difficult challenges in diverse areas, and
Whereas, attainment of Eagle rank also requires demonstration of good character and community service, and
Whereas, attainment of Eagle rank not only indicates difficult achievement itself, but also demonstrates the courage and tenacity to pursue a goal over a long period of time, and
Whereas, attainment of Eagle rank confers upon the Eagle Scout an honor that will dignify him for the rest of his life, and
Whereas, only a minority of scouts ever attain this rank, and
Whereas, Benjamin Herreid of Waterford who is a member of Troop # 707 in St. Johnsbury has attained the rank of Eagle Scout, and
Whereas, Benjamin Herreid was recently presented his Eagle Scout award at an Eagle recognition ceremony held in St. Johnsbury, now therefore be it
Resolved by the House of Representatives:
That this legislative body congratulates Benjamin Herreid for his special achievement of attaining the rank of Eagle Scout, and be it further
Resolved: That the Clerk of the House be directed to send a copy of this resolution to Benjamin Herreid in Waterford
H. R. 25
House resolution honoring Jason Call on becoming an Eagle Scout
Offered by: Representative Larocque of Barnet
Whereas, scouting is a movement that challenges, inspires and guides young men toward high achievements and high values as expressed in the Scout oath, law, motto and slogan, and
Whereas, the rank of Eagle is the highest rank in Boy Scouting, and
Whereas, attainment of Eagle rank requires mastery of difficult challenges in diverse areas, and
Whereas, attainment of Eagle rank also requires demonstration of good character and community service, and
Whereas, attainment of Eagle rank not only indicates difficult achievement itself, but also demonstrates the courage and tenacity to pursue a goal over a long period of time, and
Whereas, attainment of Eagle rank confers upon the Eagle Scout an honor that will dignify him for the rest of his life, and
Whereas, only a minority of scouts ever attain this rank, and
Whereas, Jason Call of Waterford who is a member of Troop # 707 in St.Johnsbury has attained the rank of Eagle Scout, and
Whereas, Jason Call was recently presented his Eagle Scout award at an Eagle recognition ceremony held in St. Johnsbury, now therefore be it
Resolved by the House of Representatives:
That this legislative body congratulates Jason Call for his special achievement of attaining the rank of Eagle Scout, and be it further
Resolved: That the Clerk of the House be directed to send a copy of this resolution to Jason Call in Waterford
Joint Resolution Adopted
J.R.H. 156
The Entire Membership offered a joint resolution, entitled
Joint resolution commemorating the 57th anniversary of the Normandy Invasion;
Whereas, the allied victory in World War II over the European Axis Powers was an unparalleled feat of military strategy and accomplishment that halted the vicious spread of Nazi tyranny, and
Whereas, the pivotal event that foreshadowed the inevitable military collapse of the Axis Powers in Europe was the massive Allied invasion on the morning of June 6, 1944 on the beaches in Normandy, France, and
Whereas, this invasion, which is commonly known as D Day, represented the combined efforts of the allied governments and the partisan underground, and
Whereas, countless brave Americans and other Allied Forces participated in this momentous invasion, and
Whereas, despite the allied victory at Normandy, many valiant individuals, including numerous Vermonters, were either severely wounded or killed in Normandy, and
Whereas, 2001 marks the 57th Anniversary of the D Day Invasion, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly pays homage to the allied veterans who fought so brilliantly in the D Day Invasion, and remembers with special reverence those brave soldiers and sailors who sacrificed their precious lives in Normandy, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont headquarters of the American Legion and the Veterans of Foreign Wars, the Vermont Department of Veterans’ Affairs and to the Adjutant General, Major General Martha T. Rainville.
Which was read and adopted on the part of the House.
Committee of Conference Appointed
S. 9
Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled
An act relating to unlawfully sheltering and aiding a runaway child;
The Speaker appointed as members of the Committee of Conference on the part of the House:
Rep. Vinton of Colchester
Rep. Grad of Moretown
Rep. Kilmartin of Newport City
Resolutions Adopted
Resolutions of the following titles were severally taken up and adopted on the part of the House;
J. R. H. 151
Joint resolution honoring Aly Richards on her appointment to the state board of education.
J. R. H. 154
Joint resolution honoring the Burlington Police Department.
J. R. S. 76
Joint resolution commemorating the 225th anniversary of the establishment of the Revolutionary War fortification of Mount Independence.
J. R. S. 77
Joint resolution honoring Lyman Amsden on his retirement as the superintendent of the Barre Supervisory Union.
J. R. S. 78
Joint resolution congratulating Jenny Boquet on being named Miss Achievement Ambassador 2000.
H. R. 22
Joint resolution honoring John C. Hoy for his work on behalf of higher education.
Third Reading; Bill Passed in Concurrence
With Proposals of Amendment
S. 122
Senate bill, entitled
An act relating to guardianship services for people with developmental disabilities;
Was taken up, and pending third reading of the bill Rep. Hingtgen of Burlington moved the House propose to the Senate to amend the bill as follows:
First: In 18 V.S.A. §9310(a)(4), by striking the last sentence, and by inserting in lieu thereof the following: Nothing in this chapter shall be interpreted as giving the commissioner authority to consent to sterilization, lobotomy, involuntary administration of psychotropic medications, surgery of the brain for the purpose of modifying behavior, or electroconvulsive therapy.
Second: By striking Sec. 2, and by inserting a new Sec. 2 to read:
Sec. 2. 33 V.S.A. §6913 (d) is amended to read:
(d) Any caregiver who engages in any sexual activity with an elderly or disabled adult at a caregiving facility or program or while providing a service for which he or she receives financial compensation, or any person who engages in exploitation as defined in subdivision 6902(7)(D) of this title, shall be fined not more than $10,000.00 or be imprisoned not more than two years, or both. These penalties shall not apply to a caregiver who is the spouse of the person, or to any caregiver of the person who has been engaged in a sexual relationship with the person prior to employment as a caregiver to the person.
Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Hingtgen of Burlington? Rep. Hingtgen of Burlington moved to amend the recommendation of proposal of amendment as follows:
In the first recommendation of proposal of amendment, In Sec. 18, V.S.A. §9310(a)(4), by inserting after the word “therapy” the words for the respondent
Which was agreed to.
Thereupon, the recurring question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Hingtgen of Burlington, as amended? was agreed to, the bill was read the third time and passed in concurrence with proposals of amendment.
Rules Suspended; Report of Committee of Conference Adopted
H. 144
On motion of Rep. Doyle of Richmond, the rules were suspended and House bill, entitled
An act relating to sex offender registration and community notification;
Appearing on the Calendar for notice, was taken up for immediate consideration.
The Speaker placed before the House the following Committee of Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposals of amendment and that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
It is not the intention of the general assembly that this act create any new duty for a member of the public to disclose any knowledge of information contained in the sex offender registry.
Sec. 2. 13 V.S.A. § 5401 is amended to read:
§ 5401. DEFINITIONS
As used in this subchapter:
* * *
(10) “Sex offender” means:
* * *
(B) A person who is convicted of any of the following offenses against a victim who is a minor, except that, for purposes of this subdivision, conduct which is criminal only because of the age of the victim shall not be considered an offense for purposes of the registry if the perpetrator is under the age of 18:
(i) any offense listed in subdivision (A);
(ii) kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);
(iii) lewd and lascivious conduct with a child as defined in 13V.S.A. § 2602;
(iv) white slave traffic as defined in 13 V.S.A. §2635;
(v) sexual exploitation of children as defined in 13 V.S.A. chapter 64; or
(vi) or procurement or solicitation as defined in 13 V.S.A. §2632(a)(6);
(vii) an attempt to commit any offense listed in this subdivision; except that, for purposes of this subdivision, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is under the age of 18.
(C) A person who takes up residence within this state, other than within a correctional facility, and who has been convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court, for a sex crime the elements of which would constitute a crime under subdivision (10)(A) or (B) of this section if committed in this state.