Journal of the House ________________ MONDAY, MAY 1, 2000 At eleven o'clock minutes in the forenoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Speaker Michael Obuchowski of Rockingham. Pledge of Allegiance Speaker Michael Obuchowski of Rockingham led the House in the Pledge of Allegiance. Bill Referred to Committee on Appropriations H. 859 House bill, entitled An act relating to the Vermont Economic Progress Council; 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. H. R. 40 House resolution honoring public sector employees Offered by: The Committee on Government Operations Whereas, public sector employees are dedicated to performing their work conscientiously and effectively, and Whereas, public sector employees are providing services that are varied, essential, and frequently taken for granted, and Whereas, May 1 through 7 of this year has been designated as the 16th annual Public Service Recognition Week, which will provide a timely 1211 JOURNAL OF THE HOUSE 1212 opportunity to acknowledge the unique contributions of public sector employees, and Whereas, during the Public Service Recognition Week, the Governor will preside at a ceremony that will recognize those state employees who have performed their jobs in an especially exemplary manner, now therefore be it Resolved by the House of Representatives: That the House of Representatives is pleased to congratulate those state employees who are receiving special recognition from the Governor, and be it further Resolved: That the House of Representatives is pleased to recognize the outstanding contributions of all state employees on behalf of the citizens of Vermont. J.R.H. 254 Joint resolution congratulating the 1999 Brattleboro Union High School Colonels Division I baseball champions and the 1999 American Legion Post 5 Vermont state champions Offered by: Representatives Costello of Brattleboro, Bristol of Brattleboro and Milkey of Brattleboro Whereas, 1999 was an extraordinary year for Brattleboro‟s two leading baseball teams, the Brattleboro Union High School (BUHS) Colonels and the American Legion Post 5, as their mutual coach Chris Groeger guided each squad to its respective state championship title, and Whereas, from the moment on April 13, 1999, when the season‟s opening pitch was thrown, the highly competitive and skilled Colonels, under the direction of first year Coach Groeger and Assistant Coach Tom Finnell pursued their special goal to capture the Division I baseball championship, and Whereas, the BUHS team demonstrated a mighty offensive prowess throughout the regular season, swamping many of its opponents, including a 15-0 season opener against Wahconah, Massachusetts High School, and Whereas, the Colonels who finished the regular season as the 1999 Marble Valley Champions defeated outstanding challenges from Spaulding High School, Lyndon Institute and Mount Anthony Union High School during the preliminary Division I playoffs, and Whereas, the Colonels ultimately brought home the 1999 Division I championship to BUHS by defeating the Rice Memorial team in a thrilling 4-3 contest, at Centennial Field in Burlington, and 1213 MONDAY, MAY 1, 2000 Whereas, many of Brattleboro‟s boys of spring, assumed a new role as the community‟s illustrious boys of summer when, under the auspices of Brattleboro‟s Post 5, they won the American Legion Vermont state baseball championship, and Whereas, the Post 5 team completed the regular season as Southern Division champions and entered the Vermont American Legion baseball playoffs with a most impressive 20-1 record, and Whereas, the Post 5 players easily won their preliminary playoff games and earned their rightful place in the final series against their opponents from Essex, and Whereas, Post 5 overwhelmed Essex in the first game in the best of three series by a score of 16-1, and capped the series in a thrilling concluding 6-5 victory, and Whereas, all of these superb baseball sluggers from the Brattleboro area who played for one, or both teams, including Mike Bartlett, Jonathan Batchelder, Jed Beales, Ryan Brooks, Sean Condon, Shawn Cray, David Deyo, Seth Deyo, Chris Dixon, Jeff Dixon, Matt Fletcher, Vince Giamartino, Eric Libardoni, Ryan Paul, Caleb Record, Derek Root, Jeff Powell, Kaleb Sherman, Carlos Tilghman-Osborne, Emile Tilghman-Osborne, Josh Underwood and Jon Wood are to be commended for their outstanding athletic accomplishments, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly congratulates the players and coaches of the 1999 Brattleboro Union High School and American Legion Post 5 baseball teams for clinching their respective Vermont state championships, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to Chris Groeger at Brattleboro Union High School and to Post 5 of the American Legion in Brattleboro. J.R.H. 255 Joint resolution relating to public interest pay phones Offered by: Representatives Perry of Richford, Deen of Westminster, Edwards of Swanton, Milkey of Brattleboro, Milne of Washington, Paquin of Fairfax, Pike of Mendon and Young of Orwell Whereas, the availability of public pay telephones in every community is essential for public health, safety and welfare, and JOURNAL OF THE HOUSE 1214 Whereas, the effectiveness and integrity of the E-911 emergency reporting system relies on universal access to telephone service, and Whereas, the Federal Telecommunications Act of 1996 required the transition for regulation to competition for public telephone service in Vermont, and Whereas, telephone companies are now allowed by federal law to remove those public pay telephones unable to generate sufficient revenue, and Whereas, the Federal Communications Commission directed the states to evaluate the need for a public interest pay phone system by September 20, 1998, and Whereas, the Vermont Public Service Board opened docket no. 6012 to comply with this directive, and Whereas, the board ordered the following recommendations to the Department of Public Service by order entered September 22, 1998: (1) No publicly-funded, statewide program to provide public interest pay phones is necessary at this time; (2) For a period of two years, market monitoring of pay phone locations and removals should continue, with data provided in electronic form to facilitate analysis; (3) At the end of two years, the board should reopen this investigation to determine whether, and to what extent, the market has fulfilled unmet needs for public interest pay phones; (4) During that time, the Department of Public Service will undertake the creation and dissemination of a guide to securing pay phones in locations of unmet need. This guide will be distributed to towns, schools and colleges, chambers of commerce, other business groups, and other appropriate stakeholders, and Whereas, the Public Service Board has proposed to reopen the docket in October, 2000, and Whereas, public pay telephones are now being removed from rural locations in Vermont, leaving citizens without the essential means to report emergencies, obtain assistance, or get important information, and Whereas, this removal presents a threat to public health, safety and welfare, and 1215 MONDAY, MAY 1, 2000 Whereas, the state may have the need to establish a public interest pay phone program to provide pay phones in those areas losing service as a result of the competitive marketplace, now therefore be it Resolved by the Senate and House of Representatives: That the Public Service Board shall follow its order and complete its investigation into the unmet needs for pubic interest telephones, and be it further Resolved: That the Department of Public Service shall submit to the board‟s investigation, (1) those locations in need of public interest pay phones, (2) the best method to provide those phones, and (3) the possible resources to pay for them, and be it further Resolved: That the Public Service Board shall consider a Public Interest Pay Phone Program in accordance with the department‟s recommendations, and be it further Resolved: That the Department of Public Service and the Public Service Board shall report on the progress of this program to the legislature no later than January 5, 2001. J.R.H. 256 Joint resolution congratulating William and Phyllis Tabor on their 50th wedding anniversary and on their career as superb oxen exhibitors Offered by: Representative Nitka of Ludlow Whereas, Phyllis Stewart Tabor is a native of Wallingford, where she spent her youth, and William Harry Tabor was born in Shrewsbury, grew up in Quechee, and graduated from Vermont Technical College, and Whereas, on May 17, 1950, William Harry Tabor and Phyllis Stewart were married in Rutland, and for the last 32 years have been residents of Shrewsbury, and Whereas, during the last half century, they have raised six children, Theresa, Melody, Margo, Dane, Lance and Heidi, have become the grandparents of 14 wonderful grandchildren and most recently, the proud great-grandparents of three great-grandchildren, and Whereas, over the years, William Tabor has been employed in farming, the wood pulp industry and for 32 years at General Electric, while Phyllis was employed at Metro Mail for nearly 20 years before concluding her primary working career at General Electric, and JOURNAL OF THE HOUSE 1216 Whereas, aside from their busy working lives, raising a wonderful family, and maintaining a farm, for over 30 years, the Tabors have engaged in a very special avocation, raising and displaying oxen, that has brought great joy to thousands of persons in the northeastern United States, and Whereas, the Tabors, have exhibited their oxen at the Tunbridge Fair, the Fryeburg, Maine Fair, and other similar events, and won numerous ribbons in ox pulling competitions, and Whereas, the oxen have marched in many Vermont parades and are a favorite of the spectators, and Whereas, the Tabors also visit the Penfield Museum in Ticonderoga, New York where youngsters have thrilled in riding these animals which, for so many decades, were the stalwarts of agricultural production, and Whereas, the Tabors have derived much pleasure from meeting thousands of individuals along their travel path, many of whom have become long-time friends whose acquaintances are renewed on a regular basis, and Whereas, as the Tabors pause to joyfully celebrate their 50th wedding anniversary, they intend to continue their careers as oxen exhibitors extraordinaire, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly is delighted both to extend congratulations to William and Phyllis Tabor as they celebrate their 50th wedding anniversary, and to recognize them for their 30-plus years of outstanding work in raising and exhibiting prize winning oxen, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to William and Phyllis Tabor in Shrewsbury. J.R.H. 257 Joint resolution commemorating the 25th anniversary of the end of the Vietnam era Offered by: Representatives Morrissey of Bennington, Alfano of Calais, Allard of St. Albans Town, Anderson of Woodstock, Angell of Randolph, Aswad of Burlington, Atkins of Winooski, Baker of West Rutland, Barbieri of Wallingford, Barney of Highgate, Blanchard of Essex, Brooks of Montpelier, Brown of Walden, Buckland of Newport Town, Carmolli of Rutland City, Clark of St. Johnsbury, Cleland of Northfield, Colvin of Bennington, Costello of Brattleboro, Crawford of Burke, Cross of Winooski, Dakin of Colchester, Darrow of Newfane, Darrow of Dummerston, Deen of Westminster, DePoy of Rutland, Deuel of West Rutland, Dominick of Starksboro, Doyle of Richmond, 1217 MONDAY, MAY 1, 2000 Edwards of Swanton, Emmons of Springfield, Flaherty of South Burlington, Flory of Pittsford, Follett of Springfield, Fox of Essex, Freed of Dorset, Fyfe of Newport City, Gervais of Enosburg, Gretkowski of Burlington, Hathaway of Barton, Heath of Westford, Helm of Castleton, Holmes of Bethel, Hooker of Rutland City, Houston of Ferrisburgh, Howrigan of Fairfield, Hube of Londonderry, Hudson of Lyndon, Hyde of Fayston, Johnson of Canaan, Jordan of Middlesex, Kainen of Hartford, Kehler of Pomfret, Kinsey of Craftsbury, Koch of Barre Town, Krasnow of Charlotte, Krawczyk of Bennington, Kreitzer of Rutland City, LaBarge of Grand Isle, Lafayette of Burlington, Larocque of Barnet, Larrabee of Danville, Lehman of Hartford, Levin of Hartland, Lippert of Hinesburg, Little of Shelburne, Livingston of Manchester, Mallary of Brookfield, Marron of Stowe, Maslack of Poultney, Masland of Thetford, Mazur of South Burlington, Mazzariello of Rutland City, McGrath of Ferrisburgh, McNamara of Burlington, Metzger of Milton, Milkey of Brattleboro, Miller of Shaftsbury, Milne of Washington, Molloy of Arlington, Mullin of Rutland Town, Neiman of Georgia, Nitka of Ludlow, Nuovo of Middlebury, O'Donnell of Vernon, Palmer of Pownal, Paquin of Fairfax, Partridge of Windham, Peaslee of Guildhall, Pembroke of Bennington, Perry of Richford, Pike of Mendon, Poirier of Barre City, Postman of Brownington, Pugh of South Burlington, Quaid of Williston, Randall of Bradford, Richardson of Weathersfield, Rivero of Milton, Robb of Swanton, Rogers of Castleton, Rusten of Halifax, Schaefer of Colchester, Schiavone of Shelburne, Seibert of Norwich, Sheltra of Derby, Sherman of St. Johnsbury, Smith of New Haven, Smith of Sudbury, Starr of Troy, Steele of Waterbury, Stevens of Newbury, Suchmann of Chester, Sullivan of Burlington, Sweaney of Windsor, Sweetser of Essex, Towne of Berlin, Tracy of Burlington, Valsangiacomo of Barre City, Vincent of Waterbury, Vinton of Colchester, Voyer of Morristown, Waite of Pawlet, Weiss of Northfield, Westman of Cambridge, Wheeler of Burlington, Willett of St. Albans City, Winters of Williamstown, Wisell of Bristol, Wood of Brandon, Woodward of Johnson and Young of Orwell Whereas, on May 7, 1975, President Gerald R. Ford signed into law a bill officially ending the Vietnam era, and Whereas, on May 7, 2000, Vietnam era veterans will be observing the 25th anniversary of this historic legislation‟s signing, and Whereas, many citizens of the great state of Vermont honored this country by serving valiantly in our nation‟s armed forces during the Vietnam era, and Whereas, Vermonters understand that “freedom is not free” and that all generations have offered their young to serve in harm‟s way, and JOURNAL OF THE HOUSE 1218 Whereas, all of this state‟s Vietnam era veterans, and their family members, are to be commended highly for their service, sacrifice and devotion to duty during a most trying time in the history of the United States, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly highly commends all Vietnam era veterans and their families for their outstanding service to Vermont, the United States, Southeast Asia and the world, and be it further Resolved: That the General Assembly goes on record as recognizing that this generation of warriors did not lose in Vietnam, but were simply not allowed to win, and we heartily applaud their just and honorable duty, and be it further Resolved: That the General Assembly commends and applauds the upcoming May 7, 2000 25th anniversary of the ending of the Vietnam era, which will further honor this generation and their families, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont State Council of the Vietnam Veterans of America. 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 considered bills originating in the House of the following titles: H. 540. An act relating to holidays and payment of unemployment compensation benefits. H. 564. An act relating to truth in sentencing. H. 629. An act relating to containing special education costs while continuing to meet the needs of all Vermont students. H. 683. An act relating to the Vermont economic development authority. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. Proposal of Amendment Agreed to; Third Reading Ordered S. 303 1219 MONDAY, MAY 1, 2000 Rep. Severance of Colchester, for the committee on Health and Welfare, to which had been referred Senate bill, entitled An act relating to treatment of opiate addiction; Reported in favor of its passage with recommendation of proposal of amendment by striking all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 18 V.S.A. chapter 92 is added to read: Chapter 92. TREATMENT OF OPIATE ADDICTION § 4701. PURPOSE It is the purpose of this chapter to authorize the department of health to establish comprehensive guidelines for a regional system of opiate addiction treatment. §4702. ESTABLISHMENT OF GUIDELINES FOR OPIATE TREATMENT (a) The department of health, in collaboration with the opiate addiction treatment advisory committee, shall develop by rule comprehensive guidelines for a regional system of opiate addiction treatment. (b) The guidelines shall include the following requirements: (1) therapy; Patients shall receive appropriate, comprehensive behavioral (2) If pharmacological treatment is medically appropriate, a medical assessment shall be conducted for the appropriateness of treatment with buprenorphine, once it is federally approved for opiate addiction treatment, prior to prescribing methadone; (3) A routine medical assessment of the appropriateness for the patient of continued pharmacological treatment based on protocols designed to encourage cessation of pharmacological treatment as soon as medically appropriate for the individual treatment needs of the patient; (4) Federally approved pharmacological treatments for opiate addiction shall be dispensed only by authorized treatment programs; (5) Comprehensive education and training requirements shall be established, including relevant aspects of behavioral therapy and pharmacological treatment, for physicians, pharmacists, and certified or licensed alcohol and drug abuse counselors affiliated with an approved treatment program; JOURNAL OF THE HOUSE 1220 (6) Rules of conduct for patients, violation of which may result in discharge from the treatment program, shall include required urinalysis at such times as the program may direct, restrictions on medication dispensing designed to prevent diversion of medications and to diminish the potential for patient relapse, and such other rules of conduct as the department and the program may require; and (7) Opiate addiction treatment that includes the prescription of pharmacological therapy shall be operated only through treatment programs located in medical hospitals or medical school facilities, that have agreed to provide such treatment, in geographically well-suited locations in this state. (c) The commissioner shall report annually to the general assembly on or before January 1 on the effectiveness of this chapter in the treatment of opiate addiction. § 4703. OPIATE ADDICTION TREATMENT ADVISORY COMMITTEE (a) The opiate addiction treatment advisory committee shall be established for the purpose of working with the department of health to develop comprehensive guidelines for a regional system of opiate addiction treatment, in accordance with the provisions of this chapter. (b) The committee shall be comprised of the following members: (1) A representative appointed by the Vermont medical society. (2) A representative of the Brattleboro Retreat. (3) A representative appointed by the University of Vermont substance abuse treatment center. (4) A representative appointed by the chiefs of police association of Vermont. (5) A representative appointed by the harm reduction coalition. (6) A representative appointed by the department of public safety. (7) A physician, board certified in addiction, appointed by the commissioner of the department of health. (8) A certified or licensed alcohol and drug abuse counselor appointed by the commissioner of the department of health. (9) A representative of youth and family services appointed by the commissioner of the department of health. (10) A representative of the Vermont association of alcohol and drug abuse programs appointed by the commissioner of the department of health. 1221 MONDAY, MAY 1, 2000 (11) A representative appointed by the Vermont hospital association. (c) Members of the advisory committee shall be appointed to represent diverse geographic regions of the state of Vermont. Sec. 3. REPORT ON DRAFT RULES The commissioner of health and the opiate addiction treatment advisory committee shall report to the House and Senate Health and Welfare Committees on or before January 15, 2001 with draft rules for pharmacological treatment of opiate addiction based upon the guidelines established pursuant to Chapter 92 of Title 18. The report shall include a recommended appropriation and source of funding, which may include federal funds. The report also shall include recommendations concerning a comprehensive list of addiction treatment options. Unless such authority is rescinded or delayed by legislative enactment, the commissioner shall commence rule-making to establish such guidelines upon adjournment of the year 2001 session of the general assembly. Sec. 4. EFFECTIVE DATE The act shall take effect upon passage. This act and any rules adopted pursuant to this act are repealed two years after the date of authorization by the department of health of the first pharmacological treatment program established pursuant to the guidelines adopted under this act. 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 propose to the Senate to amend the bill as recommended by the committee on Health and Welfare? Rep. Poirier of Barre 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 propose to the Senate to amend the bill as recommended by the committee on Health and Welfare? was decided in the affirmative. Yeas, 114. Nays, 3. Those who voted in the affirmative are: Alfano of Calais Allard of St. Albans Town Anderson of Woodstock Angell of Randolph Aswad of Burlington Atkins of Winooski Barbieri of Wallingford Barney of Highgate Blanchard of Essex Bouricius of Burlington Brooks of Montpelier Brown of Walden Buckland of Newport Town Carmolli of Rutland City Clark of St. Johnsbury Colvin of Bennington Corren of Burlington Cross of Winooski Darrow of Newfane Darrow of Dummerston Deen of Westminster DePoy of Rutland Deuel of West Rutland Dominick of Starksboro Doyle of Richmond Flaherty of South Burlington Follett of Springfield Fox of Essex Freed of Dorset Gervais of Enosburg Ginevan of Middlebury Gray of Barre Town Gretkowski of Burlington JOURNAL OF THE HOUSE Heath of Westford Helm of Castleton Hingtgen of Burlington Hoag of Woodford Hooker of Rutland City Hube of Londonderry Hudson of Lyndon Hummel of Underhill Hyde of Fayston Jordan of Middlesex Kehler of Pomfret Kinsey of Craftsbury Kitzmiller of Montpelier Koch of Barre Town Krasnow of Charlotte Kreitzer of Rutland City LaBarge of Grand Isle Lafayette of Burlington Larocque of Barnet Larrabee of Danville Lehman of Hartford Levin of Hartland Livingston of Manchester Mallary of Brookfield Marron of Stowe Maslack of Poultney Masland of Thetford Mazur of South Burlington Mazzariello of Rutland City McNamara of Burlington Metzger of Milton Miller of Shaftsbury Milne of Washington Morrissey of Bennington Mullin of Rutland Town Neiman of Georgia Nitka of Ludlow O'Donnell of Vernon Osman of Plainfield Palmer of Pownal Paquin of Fairfax Partridge of Windham Peaslee of Guildhall Pembroke of Bennington Perry of Richford Poirier of Barre City Postman of Brownington Pugh of South Burlington Quaid of Williston Randall of Bradford Rivero of Milton Robb of Swanton Rusten of Halifax Schaefer of Colchester 1222 Schiavone of Shelburne Seibert of Norwich Severance of Colchester Sheltra of Derby Sherman of St. Johnsbury Smith of New Haven Stevens of Newbury Suchmann of Chester Sullivan of Burlington Sweaney of Windsor Sweetser of Essex Symington of Jericho Towne of Berlin Tracy of Burlington Valsangiacomo of Barre City Vincent of Waterbury Vinton of Colchester Waite of Pawlet Weiss of Northfield Westman of Cambridge Wheeler of Burlington Willett of St. Albans City Winters of Williamstown Wisell of Bristol Wood of Brandon Woodward of Johnson Zuckerman of Burlington Those who voted in the negative are: Dakin of Colchester Molloy of Arlington Young of Orwell Those members absent with leave of the House and not voting are: Baker of West Rutland Bourdeau of Hyde Park Bristol of Brattleboro Cleland of Northfield Costello of Brattleboro Crawford of Burke Edwards of Swanton Emmons of Springfield Flory of Pittsford Fyfe of Newport City Hathaway of Barton Holmes of Bethel Houston of Ferrisburgh Howrigan of Fairfield Johnson of Canaan Kainen of Hartford Keenan of St. Albans City Krawczyk of Bennington Lippert of Hinesburg Little of Shelburne Mackinnon of Sharon McGrath of Ferrisburgh Milkey of Brattleboro Nuovo of Middlebury Parizo of Essex Pike of Mendon Richardson of Weathersfield Rogers of Castleton Smith of Sudbury Starr of Troy Steele of Waterbury Voyer of Morristown Rep. Dakin of Colchester, explained her vote as follows: “Mr. Speaker: 1223 MONDAY, MAY 1, 2000 Several years ago I made a commitment to some constituents that I would vote “no” if ever I was asked to approve a methadone treatment program. I felt it was important to keep that promise. S. 303 as just passed by the House is a good bill. I hope it has the desired effect and I wish the beneficiaries of it well and good health.” Thereupon, third reading of the bill was ordered. Recess At twelve o‟clock and twenty-five minutes in the afternoon, the Speaker declared a recess until one „clock and thirty minutes in the afternoon. Afternoon. At one o‟clock and thirty minutes in the afternoon, the Speaker called the House to order. Action on Bill Postponed H. 343 House bill, entitled An act relating to nonpayment of rent and termination of residential tenancies; Was taken up and pending the question, Shall the House concur in the Senate proposal of amendment? on motion of Rep. Carmolli of Rutland City, action on the bill was postponed until the next legislative day. Bill Read Second Time; Third Reading Ordered; Rules Suspended; Bill Read the Third Time; Passed and Bill Ordered Messaged to Senate Forthwith H. 860 Rep. Dominick of Starksboro, for the committee on Local Government, to which had been referred House bill, entitled An act relating to the charter of the Essex Junction school district; 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. On motion of Rep. Freed of Dorset, the rules were suspended and the bill placed on all remaining stages of passage. The bill was read the third time and passed and, on motion of Rep. Freed of Dorset the rules were suspended and the bill was ordered messaged to the Senate forthwith. JOURNAL OF THE HOUSE Proposals of Amendment Agreed to; Third Reading Ordered S. 323 1224 Rep. Kreitzer of Rutland City, for the committee on Government Operations, to which had been referred Senate bill, entitled An act relating to participation in an interstate compact for emergency management; Reported in favor of its passage in concurrence with proposal of amendment as follows: First: In Sec. 1, in 20 V.S.A. chapter 4, by striking § 109 in its entirety and inserting in lieu thereof the following: § 109. EVACUATION - ARTICLE VIII The party states and their emergency management services directors shall develop and implement a plan for the orderly evacuation and interstate transport of any civilian population dislocated by any disaster or emergency. The plan shall include the mode of transport, the number of evacuees that can be received at each location, a method for providing the evacuees with food, clothing, housing, medical care, registration, notification of relatives, and other related services. The plan shall also include a provision for the party state sending evacuees to reimburse the party state receiving for expenses incurred to receive and care for the evacuees, and to provide transportation, food, clothing, medical care and housing. The party state sending the evacuees shall be responsible for the return of the evacuees. § 110. IMPLEMENTATION – ARTICLE IX (a) This compact shall be effective upon enactment into law by any two states. The compact shall be effective as to any other state upon enactment by that state. (b) Any party state may withdraw from this compact by repealing the law that enacted the compact. A withdrawal shall be effective 30 days after the governor of the withdrawing state has given written notice of the withdrawal to the governors of all other party states. Withdrawal shall not relieve the withdrawing state from obligations incurred prior to the effective date of withdrawal. (c) Authenticated copies of this compact and any supplementary agreements shall, at the time of approval, be provided to all other party states, and the Federal Emergency Management Agency and any other appropriate governmental agency of the United States. 1225 MONDAY, MAY 1, 2000 And by renumbering subsequent sections and articles to be numerically correct Second: In Sec. 6, 21 V.S.A § 491, by striking subsections (a) and (b) in their entirety and inserting in lieu thereof the following: (a) Any person who is a duly qualified member of the “reserve components of the armed forces,” who is a member of the ready reserve, who is a member of or an organized unit, and of the national guard who, in order to receive military training with the armed forces of the United States not to exceed fifteen days in any one calendar year, leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who shall give evidence defining notifies the employer of the date of departure and date of return for purposes of military training thirty 30 days prior to the date of departure and who shall further give or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay. If the employee provides evidence of the satisfactory completion of such the training immediately thereafter, and who upon return and is still qualified to perform the duties for such position, the employee shall be reinstated in that position with the same status, pay and seniority; provided also, that such, including seniority shall continue to accrue that accrued during such the period of absence. Such period of absence for military training shall be construed as an absence with leave and within the discretion of the employer said leave may be with or without pay. (b) A member of or an applicant for membership in the national guard in either federal or state status as defined in 20 V.S.A. §§ 366, 601, or 602, shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve. Third: In Sec. 6, in 21 V.S.A. § 492, by striking subsection (a) in its entirety and inserting in lieu thereof the following: (a) Such Any absence for military training or state active duty shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of his employment normally to be anticipated in his the employee‟s particular position. Fourth: By adding a new Sec. 6a to read as follows: Sec. 6a. 21 V.S.A. § 493 is amended to read as follows: § 493. ENFORCEMENT JOURNAL OF THE HOUSE 1226 (a) If any employer fails to comply with any of the provisions of this subchapter, the employee may, at his election, bring an action at law for damages for such noncompliance, or apply to the superior court for such equitable relief as may be just and proper under the circumstances. (b) The attorney general or a state‟s attorney may enforce the provisions of this subchapter by bringing an action in superior court for legal and equitable relief and may conduct civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this subchapter were an unfair act in commerce. Rep. Brooks of Montpelier for the committee on Appropriations, recommended that the bill ought to pass in concurrence with amended as recommended by the committee on Government Operations. The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposals of amendment offered by the committee on Government Operations agreed to and third reading ordered. Proposals of Amendment Agreed to; Third Reading Ordered S. 146 Rep. O’Donnell of Vernon, for the committee on Institutions, to which had been referred Senate bill, entitled An act relating to Vermont Independent School financing Authority; Reported in favor of its passage in concurrence with proposal of amendment as follows: First: On page 14, line 7, Sec. 1. §5265 of Title 24, subdivision (a)(4), after the following: “, of which revenues,” by inserting the following: up to Second: On page 37, by striking Sec. 2 in its entirety Rep. Symington of Jericho, for the committee on Ways and Means, recommends that the House propose to the Senate that the bill be amended as follows: On page 3, line 9, after “Austine School for the Deaf and Hard of Hearing” by striking “in Brattleboro”. Rep. Heath of Westford, for the committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the committees on Institutions and Ways and Means. 1227 MONDAY, MAY 1, 2000 The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposals of amendment offered by the committees on Institutions and Ways and Means were agreed to and third reading ordered. Rules Suspended; Senate Proposal of Amendment Concurred in; Action on the bill Ordered Messaged to the Senate Forthwith and Bill Delivered to the Governor Forthwith H. 584 On motion of Rep. Freed of Dorset, the rules were suspended and House bill, entitled An act relating to the Village of Hyde Park charter; Appearing on the Calendar for notice, was taken up for immediate consideration. The Senate proposes to the House to amend the bill as follows: First: In Sec. 2, § 7 of the charter, second sentence, by striking out the following: “five percent (5%)” and inserting in lieu thereof the following: “ten percent (10%)” Second: In Sec. 2, § 111 of the charter, subsection (c), by striking out the following: “five percent (5%)” and inserting in lieu thereof the following: “ten percent (10%)” Which proposals of amendment were considered and concurred in. On motion of Rep. Freed of Dorset, the rules were suspended and action on the bill was ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith. Adjournment At two o‟clock and ten minutes in the forenoon, on motion of Rep. Suchmann of Chester, the House adjourned until tomorrow at nine o‟clock and thirty minutes in the forenoon.
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