843 FRIDAY, APRIL 12, 2002
Journal of the House
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FRIDAY, APRIL 12, 2002
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 Tony Longe, Senior Pastor, Hunger Mountain Christian Assembly, Waterbury Center, VT.
Message from the Senate No. 50
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 a joint resolution originating in the Senate of the following title:
J.R.S. 133. Joint resolution relating to weekend adjournment.
And has adopted the same in concurrence.
The Senate has considered a joint resolution originating in the House of the following title:
J.R.H. 124. Joint resolution amending the Joint Rules of the Senate and House of Representation related to joint congratulatory, commendatory and condolence resolutions.
And has adopted the same in concurrence with proposals of amendment 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.H. 254. Joint resolution congratulating Justin Sorrell on his selection as a member of the National Wind Ensemble.
And has adopted the same in concurrence.
Joint Resolution Placed on Calendar
The Speaker placed before the House the following resolution which was read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.
J.R.H. 256
Joint resolution congratulating Derek Knapp of Northfield Boy Scout Troop #759 upon attainment of the rank of Eagle Scout
Offered by: Representatives Grad of Moretown and Cleland of Northfield
Whereas, scouting is a movement that challenges, inspires and guides young people 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 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, only a minority of scouts ever attains this rank, and
Whereas, Derek Knapp, a member of Northfield Boy Scout Troop #759, has been involved in scouting since he joined the Cub Scouts at age eight, and
Whereas, in the summer between the 8th and 9th grades, he was a member of the People to People program, traveling to Australia and New Zealand, and
Whereas, he is a senior at Northfield High School where he has been an honor roll student during most of the last four years, and
Whereas, Derek has been active in interscholastic sports as a player on the varsity soccer, basketball and golf teams, and as manager of the hockey team, and
Whereas, he is a member of the United Church of Northfield, and
Whereas, he has demonstrated that he is a leader and outstanding citizen in his community, and
Whereas, for his Eagle Community Service project, he worked with the local American Legion and the town of Northfield to rebuild the Northfield Falls Honor Roll Memorial for fallen World War II veterans, and
Whereas, on Sunday, April 7, 2002, at an Eagle Court, Derek was officially inducted into the select group of Boy Scouts who has attained the rank of Eagle, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates Derek Knapp for his special achievement of attaining the rank of Eagle Scout, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Derek Knapp in Northfield.
Joint Resolution Referred to Committee
J.R.H. 257
Rep. Obuchowski of Rockingham offered a joint resolution, entitled
Joint resolution urging the Attorney General, the Public Service Board, and the Public Service Department to investigate any Vermontbased financial or operational misconduct of the Adelphia Communications Corporation;
Whereas, in 1952, the Rigas family established the Adelphia Communications Corporation (Adelphia) in Coudersport, Pennsylvania, and
Whereas, during the next half-century, Adelphia has expanded to become the nation’s sixthlargest cable television company, with over 5.7 million subscribers, from Vermont to California, and
Whereas, Adelphia is now the dominant cable television provider in the state of Vermont, serving in excess of 100,000 customers, totaling 80 percent of the state’s cable television market, and
Whereas, in Vermont, the Public Service Department (“the department”) acts as the consumers’ advocate in utility-related matters, including cable television, and the Public Service Board (“the board”) serves as the quasijudicial adjudicator of complaints related to the conduct of utilities in the state, and as the grantor of rights, permits and licenses to utilities to operate in this state, and
Whereas, Adelphia’s past financial and operational activities in Vermont were the subject of a major department enforcement action, which resulted in a board stipulation, later incorporated into a legallybinding order, and
Whereas, under the order, Adelphia “committed to a detailed and extensive set of measures intended to ensure that it would recognize and comply with its obligations under Vermont law,” and
Whereas, subsequently, in board Docket No. 6223, the department petitioned the board to impose financial penalties of between $741,000.00 and $2.2 million against Adelphia “because of numerous alleged violations of statutes, regulatory standards, prior commitments and a past stipulation” (referring to the legallybinding order), and
Whereas, pursuant to board Docket No. 6101, Adelphia simultaneously sought an 11year renewal of its authority to operate cable television systems in the state of Vermont, and
Whereas, in a decision combining the two more recent dockets, the board, on April 28, 2000, based on commitments made by Adelphia, granted the corporation’s “request for an 11-year renewal of its right to provide cabletelevision service in Vermont,” and it also imposed on Adelphia a penalty of $567,500.00 of which some or all was deemed waivable, and
Whereas, over the past few weeks, it has been disclosed that Adelphia is now the subject of a federal Securities and Exchange Commission (SEC) investigation, and
Whereas, this investigation was triggered as a result of the corporation’s report that it had incurred at least $2.3 billion, and possibly as much as $2.7billion, in debt, by guaranteeing loans to Highland Holdings, an entity which the Rigas family privately controls, and
Whereas, it has been reported in the press that some of this money was used by the Rigas family to purchase Adelphia stock and bonds, and
Whereas, Adelphia has separately accumulated over $14 billion in debt from the purchase of cable systems and upgrading of its infrastructure, and
Whereas, Adelphia has delayed the issuance of its SECrequired 10-K financial report as a result of the debtrelated issues, and
Whereas, these developments have also prompted the filing of several federal shareholders’ lawsuits which accuse Adelphia of misleading stockholders regarding the corporation’s financial condition, and
Whereas, Adelphia has hired financial consultants to assist in the possible sale of corporate assets, and
Whereas, Adelphia’s weakened economic condition has led to the concern, that the corporation may not be able to meet all of its legal and financial obligations in Vermont, and
Whereas, the Adelphia situation has potential direct and immediate implications for over 100,000 Vermont cable television customers with respect to the provision and cost of the service, and
Whereas, it is imperative that Vermont’s regulatory and law enforcement authorities be fully informed, and, if necessary, prepared to act quickly on any Adelphiarelated issues, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges the Attorney General, the Department of Public Service, and the Public Service Board to initiate legal and regulatory inquiries, as are appropriate for each of their respective jurisdictions, regarding the Vermontbased and impacted activities of the Adelphia Communications Corporation, and that it be further
Resolved: That, upon completion of these inquiries, the Attorney General, the Department of Public Service, and the Public Service Board initiate any regulatory or law enforcement proceedings, authorized under their respective jurisdictions, which are deemed necessary to protect Vermont’s cable television consumers, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Attorney General William Sorrell, Christine S. Salembier, Commissioner of the Department of Public Service, and Michael Dworkin, Chair of the Public Service Board.
Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Commerce.
Joint Resolution Adopted in Concurrence
J.R.S. 133
Joint resolution, entitled
Joint resolution relating to weekend adjournment;
By Senator Mazza,
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, April 12, 2002, it be to meet again no later than Tuesday, April 16, 2002, at ten o’clock in the forenoon.
Was taken up read and adopted in concurrence.
Bill Called Up
H. 61
Rep. Peaslee of Guildhall called up House bill, entitled
An act relating to the operation of snowmobiles;
Which had been ordered to lie. Thereupon, under the rule, the bill was ordered placed on the Calendar for action on the next legislative day.
Joint Resolutions Adopted
Joint resolutions of the following titles were severally taken up and adopted in concurrence.
J. R. S. 130
Joint resolution, entitled
Joint resolution in memory of former Representative John P. Connarn of Northfield.
J. R. S. 131
Joint resolution, entitled
Joint resolution congratulating Ray Burke on his stellar career as the Vermont agency of Transportation’s indomitable dispatcher.
Third Reading; Bill Passed
H. 769
House bill, entitled
An act relating to creation of a process for separation of municipalities;
Was taken up, read the third time and passed.
Bill Amended; Third Reading Ordered
H. 755
Rep. Bourdeau of Hyde Park spoke for the committee on Government Operations.
Rep. Little of Shelburne, for the committee on Ways and Means, to which had been referred House bill, entitled
An act relating to oversight and management of the Board of Medical Practice;
Reported in favor of its passage when amended as follows:
First: In Sec. 5, 26 V.S.A. § 1351, in subdivision (c)(5), by adding a final sentence to read:
To ensure that revenues derived by the department are adequate to offset the cost of regulation, the commissioner shall review fees from time to time, and present proposed fee changes to the general assembly.
Second: By striking Sec. 13 in its entirety and inserting in lieu thereof a new Sec. 13 to read:
Sec. 13. 26 V.S.A. § 1401a is amended to read:
§ 1401a. FEES
(a) The board department of health shall collect the following fees:
* * *
(b) The department of health may charge the following fees:
(1) Late renewal penalty of $25.00 for a renewal submitted less than 30 days late. Thereafter, the department may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided, the total penalty for a late renewal shall not exceed $100.00.
(2) Reinstatement of revoked or suspended license, $20.00.
(3) Replacement of license, $20.00.
(4) Verification of license, $20.00.
Third: By adding a new Sec. 18 to read:
Sec. 18. REPEAL OF SUNSET
Sec. 210 of No. 49 of the Acts of 1999 (medical practice board fees; sunset) is repealed in its entirety so that 26 V.S.A. § 1401a shall not expire.
Rep. Mazur of South Burlington, for the committee on Appropriations, recommends the bill ought to pass when amended as recommended by the committee on Ways and Means.
The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committees on Ways and Means and Appropriations agreed to.
Pending the question, Shall the bill be read the third time? Rep. Bourdeau of Hyde Park 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 bill be read the third time? was decided in the affirmative. Yeas, 136. Nays, 1.
Those who voted in the affirmative are:
843 FRIDAY, APRIL 12, 2002
Alfano of Calais
Allaire of Rutland City
Allard of St. Albans Town
Angell of Randolph
Aswad of Burlington
Atkins of Winooski
Baker of West Rutland
Barney of Highgate
Bohi of Hartford
Bolduc of Barton
Bolognani of Readsboro
Bostic of St. Johnsbury
Bourdeau of Hyde Park
Brooks of Montpelier
Brown of Walden
Carey of Chester
Clark of St. Johnsbury
Cleland of Northfield
Colvin of Bennington
Connell of Warren
Crawford of Burke
Cross of Winooski
Crowley of West Rutland
Dakin of Colchester
Darrow of Newfane
Darrow of Dummerston
Davis of Cavendish
Deen of Westminster
Donovan of Burlington
Dostis of Waterbury
Doyle of Richmond
Driscoll of Burlington
Duffy of Rutland City
Emmons of Springfield
Endres of Milton
Fisher of Lincoln
Flory of Pittsford
Follett of Springfield
George of Middlebury
Gervais of Enosburg
Goodridge of Albany
Grad of Moretown
Gray of Barre Town
Haas of Rutland City
Hall of Newport City
Heath of Westford
Helm of Castleton
Hooker of Rutland City
Houston of Ferrisburgh
Howrigan of Fairfield
Hube of Londonderry
Hudson of Lyndon
Hummel of Underhill
Johnson of Canaan
Jordan of Middlesex
Kainen of Hartford
Keenan of St. Albans City
Kennedy of Chelsea
Keogh of Burlington
Ketchum of Bethel
Kilmartin of Newport City
Kiss of Burlington
Kitzmiller of Montpelier
Koch of Barre Town
Krawczyk of Bennington
Larocque of Barnet
Larose of Richford
Larrabee of Danville
Larson of Burlington
LaVoie of Swanton
Lippert of Hinesburg
Little of Shelburne
Livingston of Manchester
Mackinnon of Sharon
Mann of Leicester
Marron of Stowe
Maslack of Poultney
Masland of Thetford
Mazur of South Burlington
Metzger of Milton
Milkey of Brattleboro
Miller of Shaftsbury
Molloy of Arlington
Monti of Barre City
Morrissey of Bennington
Mullin of Rutland Town