1607 SunDAY, JUNE 3, 2001
Journal of the House
________________
SATURDAY, JUNE 2, 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. 85
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 a bill originating in the House of the following title:
H. 506. An act relating to compensation for certain state employees.
And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.
The Senate has considered House proposal of amendment to Senate bill of the following title:
S. 122. An act relating to guardianship services for people with developmental disabilities.
And has concurred therein with an amendment in the passage of which the concurrence of the House is requested.
The Senate has considered House proposal of amendment to Senate proposal of amendment to House bill of the following title:
H. 176. An act relating to the commission on higher education funding and the higher education endowment trust fund.
And has concurred therein.
The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon Senate bill of the following title:
S. 139. An act relating to the regulation of insurance companies.
And has accepted and adopted the same on its part.
House Resolution Referred to Committee
H.R. 28
Reps. Sheltra of Derby, Randall of Bradford, Goodridge of Irasburg, Haas of Rutland City and Hall of Newport City offered a joint resolution, entitled
House resolution requesting the immediate convening of hearings to consider the impeachment of the Justices of the Vermont Supreme Court;
Whereas, the government of Vermont organized into three separate divisions of power, each exercising the exclusive powers constitutionally granted to it, is fundamental to the establishment and maintenance of our democratic republic, and is a paramount necessity for a people to remain free and self-governing, and
Whereas, Chapter II, § 5 of the Vermont State Constitution clearly states, “The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the others”, and clearly states in Chapter II, § 2, “That Supreme Legislative power shall be exercised by a Senate and a House of Representatives”, and
Whereas, the Vermont Supreme Court itself acknowledged this fundamental truth in re: D.L. 164 VT. 223 (1995), an opinion written by Justice Dooley and joined by Justices Morse and Johnson which held that “The Legislative power is the power that formulates and enacts the laws; the executive power enforces them; and the judicial power interprets and applies them”, the division of power “serves to create a structure resistant to forces of tyranny”, and
Whereas, the Vermont Supreme Court with this clear understanding of these liberty-protecting constraints and its authority did, after holding as a matter of law, that Vermont’s marriage statute did not include same-sex couples and held explicitly and unequivocally that the marriage law, in restricting marriage to the union of one man and one woman, did not violate the Vermont Constitution, then ordered that the legislature enact statutory changes to grant all the legal benefits of marriage to same sex couples a relationship which has never existed in this state, or any other state of the union, in clear violation of the Vermont Supreme Court’s constitutional authority and the separation of powers, and it is thus without legal effect, and
Whereas, this Order was a deliberate and willful attempt to usurp the powers of the legislature and the citizens of Vermont, and the General Assembly’s hasty acquiescence by the adoption of Act 91 during its 2000 session aided and abetted the court in establishing itself as an all powerful oligarchy, in violation of our state’s constitution, laws, history and the Constitution of the United States, and
Whereas, succumbing to this unconstitutional Order of the court severely undermined and mocked the Judeo-Christian moral foundation of our society; furthermore, forcing Act 91 on an unwilling populace constituted a dereliction of duty on the part of the legislature by not protecting the people and their exclusive right, through their legislators, to determine what shall be enacted into law, within constitutional restraints, and
Whereas, appearances of the Vermont Supreme Court initiated collusion between itself, the executive branch of Vermont government, the then chairman of the Senate Committee on Judiciary and the then chairman of the House Committee on Judiciary, in a conspiracy to usurp the provisions of the Vermont constitutional separation of powers of the distinct branches of Vermont government, and to negate judicial accountability plus other alleged acts of judicial impropriety, such as coaching litigants, which are, if true, acts of official lawlessness, and
Whereas, such perceptions, when held by the citizens of the state of Vermont, cause severe erosion of confidence in the integrity of our court system and of government in general, that the validity of such appearances must not remain unresolved, and
Whereas, as the legislature is constitutionally charged with the responsibility to discover the truth or falseness of such appearances, and to deal with the findings as prescribed by constitutional law, now therefore be it
Resolved by the House of Representatives:
That this legislative body immediately convene hearings to consider the impeachment of all Justices of the Vermont Supreme Court complicit in the Baker v. State opinion, on the basis of unconstitutional usurpation of authority and other appearances of impropriety in violation of their oath to uphold and defend the Constitution of the State of Vermont.
Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Judiciary.
Committee Bill Introduced
H. 508
Rep. Marron of Stowe, for the committee on Ways and Means, introduced a bill, entitled
An act relating to Vermont income taxation;
Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.
Resolutions Adopted
Resolutions of the following titles were severally taken up and adopted on the part of the House;
J. R. H. 155
Joint resolution designating June 19, 2001 as Juneteenth Day.
H. R. 24
House resolution honoring Benjamin Herreid on becoming an Eagle Scout.
H. R. 25
House resolution honoring Jason Call on becoming an Eagle Scout.
H. R. 26
House resolution congratulating the Windsor High School Yellow Jackets 2001 Division III championship girls’ and boys’ track and field teams.
H. R. 27
House resolution congratulating Tony Valente on his designation as 2000 Coach of the Year in Boys’ soccer.
Rules Suspended; Senate Proposal of Amendment Not Concurred in;
Committee of Conference Requested and Appointed;
Rules Suspended; Bill Messaged to Senate Forthwith
H. 506
On motion of Rep. Doyle of Richmond, the rules were suspended and House bill, entitled
An act relating to compensation for certain state employees;
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. 1, 32 V.S.A. § 1003, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The annual salaries of the officers of the judicial branch named below shall be as follows:
Annual Annual
Salary Salary
as of as of
July 4, July 2,
1999 2000 and
thereafter
(1) Chief justice of supreme $99,538 $104,316
court
(2) Each associate justice 94,932 99,489
(3) Administrative judge 94,932 99,489
(4) Each superior judge 90,176 94,505
(5) Each district judge 90,176 94,505
(6) Each magistrate 67,633 70,879
(7) Each judicial bureau
hearing officer 67,633 70,879
Annual Annual Annual
Salary Salary Salary
as of as of as of
July 1, January 13, July 14,
2001 2002 2002
(1) Chief justice of $107,421 $107,941 $113,316
supreme court
(2) Each associate justice 102,499 103,019 108,149
(3) Administrative judge 102,499 103,019 108,149
(4) Each superior judge 97,416 97,936 102,813
(5) Each district judge 97,416 97,936 102,813
(6) Each magistrate 73,322 73,842 77,519
(7) Each judicial bureau 73,322 73,842 77,519
hearing officer
Second: By inserting three new sections to be numbered Secs. 2a, 2b and 2c to read as follows:
Sec. 2a. 32 V.S.A. § 1051 is amended to read:
§ 1051. SPEAKER OF THE HOUSE; PRESIDENT PRO TEMPORE
(a) The For service between sessions of the general assembly, the president pro tempore of the senate and the speaker of the house shall receive annual compensation of $9,172.00 for the 1999 biennial 2003 biennial session and thereafter to be paid in biweekly payments.
(b) In addition to the annual compensation for intersession service under subsection (a) of this section, the president pro tempore and the speaker shall receive:
(1) $593.00 a week for the 1999 biennial session and thereafter, to be paid in biweekly payments during the regular and adjourned sessions of the general assembly;
(2) $118.00 a day during a special session of the general assembly which is called at any time following the 1999 biennial session; and
(3) the annual salary for services at a legislative session provided to members of the general assembly under subsection 1052(a) of this title, and shall be entitled to reimbursement for meals and rooms expenses as provided to members of the general assembly under subsection 1052(b) of this title during the regular, adjourned and special sessions of the general assembly and in addition such other actual and necessary expenses incurred while engaged in duties imposed by law.
(b) If the speaker of the house succeeds to the governorship, he or she shall receive the salary and allowances of the governor.
(c) The president pro tempore of the senate shall receive:
(1) $593.00 a week for the 1999 biennial session and thereafter, to be paid in biweekly payments and expenses as provided to members of the general assembly under subsection (b) of section 1052 of this title during the regular and adjourned sessions of the general assembly;
(2) $118.00 a day and expenses as provided to members of the general assembly under subsection (b) of section 1052 during a special session which is called at any time following the 1999 biennial session; and
(3) $118.00 a day for any day following the 1999 biennial session and actual and necessary expenses while engaged in duties imposed by law while the general assembly is not in session.
Sec. 2b. 32 V.S.A. § 1052(a) is amended to read:
(a) Each member of the general assembly, other than the speaker and the president pro tempore of the senate, is entitled to a weekly salary of $536.00 for the 1999 biennial an annual salary of $15,000.00 for each annual session of the general assembly commencing with the 2003 biennial session and thereafter. The salary of members shall be paid in biweekly installments for the period of 16 weeks following the commencement of each annual session in January. During a special session a member is entitled to $105.00 a day for each day of a special session which is called at any time following the 1999 biennial session, for each day on which the house of which he or she is a member shall sit.
Sec. 2c. EFFECTIVE DATE; LEGISLATIVE COMPENSATION
Secs. 2a and 2b of this act shall take effect January 1, 2003.
Third: By striking out Sec. 3 in its entirety and inserting in lieu thereof a new Sec. 3 to read as follows:
Sec. 3. 32 V.S.A. § 1141(a) is amended to read:
(a) Each assistant judge of the superior court shall receive $105.14 $111.22 a day as of July 4, 1999 and $110.18 a day as of July 2, 2000 and thereafter July 1, 2001, $113.22 a day as of January 13, 2002, and $118.86 a day as of July 14, 2002 for time spent in the performance of official duties and necessary expenses as allowed to classified state employees.
Fourth: By striking out Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:
Sec. 4. 32 V.S.A. § 1142(a) is amended to read:
(a) The annual salaries of the judges of probate in the several probate districts, which shall be paid by the state in lieu of all fees or other compensation, shall be as follows:
Annual Annual
Salary Salary
as of as of
July 4, July 2,
1999 2000 and
thereafter
(1) Addison $42,783 $44,836
(2) Bennington 36,993 38,769
(3) Caledonia 42,783 44,836
(4) Chittenden 66,709 69,911
(5) Essex 20,059 21,022
(6) Fair Haven 31,053 32,544
(7) Franklin 42,783 44,836
(8) Grand Isle 20,059 21,022
(9) Hartford 42,783 44,836
(10) Lamoille 31,053 32,544
(11) Manchester 31,053 32,544
(12) Marlboro 36,993 38,769
(13) Orange 36,993 38,769
(14) Orleans 36,993 38,769
(15) Rutland 55,116 57,762
(16) Washington 55,116 57,762
(17) Westminster 31,053 32,544
(18) Windsor 36,993 38,769
Annual Annual Annual
Salary Salary Salary
as of as of as of
July 1, January 13, July 14,
2001 2002 2002
(1) Addison $46,764 $47,284 $49,639
(2) Bennington 40,577 41,097 43,144
(3) Caledonia 46,764 47,284 49,639
(4) Chittenden 72,335 72,855 76,483
(5) Essex 22,478 22,998 24,143
(6) Fair Haven 34,228 34,748 36,478
(7) Franklin 46,764 47,284 49,639
(8) Grand Isle 22,478 22,998 24,143
(9) Hartford 46,764 47,284 49,639
(10) Lamoille 34,228 34,748 36,478
(11) Manchester 34,228 34,748 36,478
(12) Marlboro 40,577 41,097 43,144
(13) Orange 40,577 41,097 43,144
(14) Orleans 40,577 41,097 43,144
(15) Rutland 59,946 60,466 63,477
(16) Washington 59,946 60,466 63,477
(17) Westminster 34,228 34,748 36,478
(18) Windsor 40,577 41,097 43,144
Fifth: By striking out Sec. 5 in its entirety and inserting in lieu thereof a new Sec. 5 to read as follows:
Sec. 5. 32 V.S.A. § 1181 is amended to read:
§ 1181. COUNTY CLERKS
The annual salaries of the county clerks in the respective counties which shall be paid by the state in lieu of all fees or other compensation paid by the state, shall be as follows:
Annual Annual
Salary Salary
as of as of
July 4, July 2,
1999 2000 and
thereafter
(1) Addison county $44,055 $48,984
(2) Bennington county 44,055 48,984
(3) Caledonia county 44,055 48,984
(4) Chittenden county 56,855 59,584
(5) Essex county 24,733 25,920
(6) Franklin county 44,055 48,984
(7) Grand Isle county 24,733 25,920
(8) Lamoille county 44,055 48,984
(9) Orange county 44,055 48,984
(10) Orleans county 44,055 48,984