737 Friday, April 16, 1999
Journal of the House
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Friday, April 16, 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 members of the Newark Balkan Chorus.
Joint Resolution Adopted
J.R.H. 89
Rep. Johnson of Canaan offered a joint resolution, entitled
Joint resolution congratulating the Newark Balkan Chorus on its appearances at the 1999 National Association of Performing Arts Educators’ Winter Choral Festival
Offered by: Representative
Whereas, Balkan choral singing is melodious music that choral ensembles from that part of the world have proudly sung for generations, and
Whereas, this unique repertoire is now finding appreciative audiences in North America, and
Whereas, under the skillful direction of Newark Street School teacher Evanne Weirich, nine young women choristers, including Elly Barksdale, Erin Barksdale, Barbara Bedor, Jericho Bicknell, Chelsea Gonyer, Adah Holeman, Iris Leslie, Nichole Wimbiscus and Anna Winsor proudly and beautifully perform this historically descriptive and inspiring a capella music under the banner of the Newark Balkan Chorus, and
Whereas, the young singers of the Newark Balkan Chorus have earned a reputation for outstanding musicianship that has spread beyond the borders of Vermont, and
Whereas, as evidence of their outstanding performance skills, they were honored with an invitation to participate in the prestigious 1999 National Association of Performing Arts Educators’ Winter Choral Festival in New York City, and
Whereas, the Newark Balkan Chorus’ festival performances were on Broadway and at Carnegie Hall, one of the world’s most famous concert venues, and
Whereas, the Newark Balkan Chorus was one of only eight North American musical organizations to be honored with a festival invitation, and
Whereas, the Newark Balkan Chorus has proudly placed the town of Newark, Vermont on the nation’s musical map, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates choral director Evanne Weirich and the members of the Newark Balkan Chorus on being selected to perform at the 1999 National Association of Performing Arts Educators’ Winter Choral Festival and extends its best wishes to this fine musical organization for continued success, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Evanne Weirich at the Newark Street School.
Which was read and adopted on the part of the House.
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. 90
Joint resolution commending Barry M. Costello upon his selection as an Admiral in the United States Navy
Offered by: Representatives Carmolli of Rutland City, DePoy of Rutland City, Kreitzer of Rutland City, Mazzariello of Rutland City and Moore of Rutland City
Whereas, Captain Barry M. Costello, U.S.N., a native of Rutland Vermont, has been selected as an Admiral in the United States Navy, the finest navy in the world, and
Whereas, he is the fourth son of Bartley J. Costello and Catherine O. Costello of Rutland, Vermont, and
Whereas, he attended Mount St. Joseph Academy, graduated from Holy Cross College and was commissioned as an ensign through the NROTC Program in 1973, and
Whereas, his first assignment was as Communications Officer, Combat Information Center Officer and Navigator on the U.S.S. Brownson (DD 868), and
Whereas, after a tour at Navy Recruiting District Boston, he attended Albany Law School where he earned a juris doctorate degree in 1981 and was admitted to the New York State Bar, and
Whereas, he returned to the United States Navy Surface Line Community in 1981, graduated from Surface Weapons Operations (SWOS) Department Head School, and reported to the U.S.S. Whipple (FF 1062) as weapons officer, and
Whereas, this assignment was followed by additional sea tours as operations officer of Destroyer Squadron 5 and executive officer on the U.S.S. Harry W. Mill (DD 986), and
Whereas, he then attended the College of Naval Command and Staff where he was elected as honor graduate, graduated with distinction and earned a master of arts degree in foreign affairs, and
Whereas, Captain Costello was assigned as a joint planner in the Operational Plans and Interoperability Directorate (J-7), of the United States Joint Chiefs of Staff, and
Whereas, in recognition of his outstanding service, he was appointed as the commanding officer of the U.S.S. Elliott, where he participated in the United States operations in the Middle East, keeping the sea lanes open, and won the “E” for excellence, the top honor among all west coast ships, and
Whereas, he was then named Commodore, Destroyer Squadron Five and led his squadron in operations in the Middle East and responded to the crisis off Taiwan with a sprint from the Middle East to preserve free elections, and
Whereas, he has most recently served as the Navy liaison to the United States Senate, and
Whereas, Commander Costello’s personal decorations include the Joint Meritorious Service Medal, the Meritorious Service Medal and the Navy Communications Medal with Gold Star, and
Whereas, he is married to the former LuAnne Golombowski of Durango, Colorado and they have two sons, Aidan and Brendan, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates United States Naval Captain Barry Costello on his selection for promotion to the rank of Admiral, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Captain and Mrs. Barry Costello in McLean, Virginia and to Captain Costello’s parents, Mr. and Mrs. Bartley Costello in Rutland, Vermont.
J.R.H. 91
Joint resolution urging Congress to reverse the United States Department of Agriculture’s proposed revisions to the federal milk pricing system and requesting Congress to direct the department to adopt instead the Option 1A revisions to the pricing system
Offered by: The Committee on Agriculture
Whereas, the continued viability of dairy farming in Vermont is absolutely essential to Vermont’s economic well-being and the preservation of the state’s magnificent working landscape, and
Whereas, on a daily basis, Vermont’s dairy exports are worth in excess of $1 million dollars, and
Whereas, the working landscape that Vermont’s dairy farmers have so diligently striven to maintain attracts many visitors, artists, scholars and new businesses, all of whom increase the state’s economic prosperity, and
Whereas, most unfortunately, the United States Department of Agriculture (U.S.D.A.) has recently proposed an alleged reform of the milk marketing pricing system which would substantially reduce the price that Vermont farmers are annually paid for their milk by a projected $6,000.00 per farm, and
Whereas, this proposal would annually cost dairy farmers in the northeastern United States between $80 million and $120 million, and
Whereas, while this proposal creates a new pricing structure that is economically devastating for Vermont’s dairy farmers and does not reduce milk prices for most consumers in the United States, and
Whereas, this alleged milk pricing reform would directly contradict the historic underlying principle of the federal milk pricing system that the freshest possible milk be delivered to urban markets in an orderly manner, and
Whereas, while the federal proposal is being promoted as a reform, in reality it will create a severe financial hardship for the transporters of milk by discouraging them from supplying the urban markets, and
Whereas, the U.S.D.A. had previously developed several alternative pricing systems, including Option 1A, which treated all areas of the country equitably and had geographically broad support in Congress, and
Whereas, Option 1A included many real reforms to the federal milk pricing system that would be beneficial to both dairy farmers and consumers, and
Whereas, it is imperative that this legislature declare its strong opposition for the U.S.D.A. proposal that could result in the closing of many Vermont dairy farms, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly strongly urges the United States Congress to reverse the final decision of the United States Department of Agriculture to implement the proposed revisions to the federal milk pricing system that are so economically inequitable to Vermont’s dairy farmers and to direct the department to adopt instead the much fairer Option 1A, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the Chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, Senator Richard Lugar of Indiana, the Chair of the U.S. House Committee on Agriculture, Representative Larry Combest of Texas and to each member of the Vermont Congressional Delegation.
Joint Resolution Adopted in Concurrence
J.R.S. 48
The Speaker placed before the House a joint resolution, entitled
Joint resolution relating to weekend adjournment;
By Senator Shumlin,
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That when the two Houses adjourn on Friday, April 16, 1999, it be to meet again no later than Tuesday, April 20, 1999, at ten o’clock in the forenoon.
Which was read and adopted in concurrence.
Senate Bill Referred
S. 144
Senate bill, entitled
An act relating to creating a 20-year statute of limitations for enforcement of municipal land use permits and to providing that noncompliance with or failure to obtain these permits does not create a cloud on title;
Was taken up, read the first time and referred to the committee on Local Government.
Joint Resolution Adopted
J.R.H. 84
Joint resolution congratulating the outstanding 1999 Norwich University Cadets Hockey Team;
Was taken up and adopted on the part of the House.
Bill Ordered to Lie
H. 187
Rep. Richardson of Weathersfield, for the committee on Government Operations, to which had been referred House bill, entitled
An act relating to podiatry;
Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 26 V.S.A. § 321(3) is amended to read:
(3) "Practice of podiatry" means the medical, mechanical, surgical, electrical, manipulation, strapping and bandaging treatment of the ailments pertaining to the human foot, not requiring amputation of the foot or toes. Podiatrists may administer local anesthetics in conjunction with treatment for which they are licensed. “Practice of podiatry,” by a podiatric physician, means any medical, mechanical, surgical, electrical, manipulation, strapping or bandaging treatment of the ailments pertaining to the human foot and lower leg distal to the myotendinous junction of the triceps surac. In the case of surgical treatment above the ankle, the following limitations on the podiatrist’s scope of practice shall apply:
(A) if the podiatrist has hospital privileges, practice shall be consistent with those privileges;
(B) if the podiatrist is board eligible or certified, practice shall be consistent with such eligibility or certification; or
(C) practice shall be consistent with an endorsement by the board of medical practice based on the podiatrist’s level of education, training and experience.
If spinal or general anesthesia is required, it shall be administered by a health care professional regulated under this title who is authorized to administer anesthesia within the scope of his or her practice.
Pending the question, Shall the bill be amended as recommended by the committee on Government Operations? Rep. Richardson of Weathersfield, moved that the bill be ordered to lie, which was agreed to.
Bill Amended, Read Third Time and Passed
H. 97
House bill, entitled
An act relating to a graduated driver license program;
Was taken up and pending third reading of the bill, Rep. Heath of Westford moved to amend the bill as follows:
In Sec. 4. 23 V.S.A. § 614(a) after the second sentence by striking the remainder of the subsection and inserting in lieu thereof the following:
For the first six months, a junior operator license allows unsupervised driving from one half hour before sunrise until one half hour after sunset. At all other times during the first six months, the junior operator must be supervised by a licensed operator at least 21 years of age. Following the first six months, a junior operator license allows unsupervised driving at all times.
Which was disagreed to.
Pending third reading of the bill, Rep. Freed of Dorset and Mullin of Rutland Town, moved to amend the bill as follows:
In Sec. 4, 23 V.S.A. § 614(a), by adding 2 new sentences at the end of the section to read: The restrictions to hours of operation contained in this section shall be reduced to six months for junior operators who have maintained a minimum of a B plus average, or its numeric equivalent, in school for a period of at least the immediately preceding academic or calendar year, and have in their possession a department of motor vehicles good scholar certification card that bears the signature of their school’s principal or headmaster. The department of motor vehicles shall design, produce and distribute, directly to school principals and headmasters, a good scholar certification card that, when signed by a junior operator’s principal or headmaster, reduces for him or her the restrictions to hours of operation imposed by this section to a period of six months from the date of issuance of the junior operator’s license.
Pending the question, Shall the House amend the bill as recommended by Reps. Freed of Dorset and Mullin of Rutland Town? Rep. Pratt of Castleton 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. Freed of Dorset and Mullin of Rutland Town? was decided in the negative. Yeas, 54. Nays, 86.
Those who voted in the affirmative are:
737 Friday, April 16, 1999
Angell of Randolph
Baker of West Rutland
Barney of Highgate
Brown of Walden
Buckland of Newport Town
Cleland of Northfield
Colvin of Bennington
Crawford of Burke
Darrow of Dummerston
DePoy of Rutland City
Dunne of Hartland
Edwards of Swanton
Flaherty of South Burlington
Follett of Springfield
Freed of Dorset
Ginevan of Middlebury
Gray of Barre Town