153 WEDNESDAY, JANUARY 31, 2001
Journal of the House
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WEDNESDAY, JANUARY 31, 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 Reverend Albert Collins of Websterville Baptist Church.
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. 32
Joint resolution designating February 14th as A Day for Hearts: Congenital Heart Defect Awareness Day
Offered by: Representative Sweaney of Windsor
Whereas, all too many youngsters are born with congenital heart defects, and
Whereas, for this dreaded early childhood disease medical science has achieved great strides, during the last quarter century, in developing new surgical remedies that offer these youngsters a chance at a normal and productive life, and
Whereas, in order for afflicted children to be promptly and properly treated, it is imperative that, at the first sign of symptoms, parents immediately arrange for cardiological examinations that can identify congenital heart defects, and
Whereas, treatment of congenital heart defects when a child is very young, will reduce the number of premature deaths among otherwise healthy adults, attributed to congenital heart disease, and
Whereas, in order to provide support to each other, and to educate the public regarding the realities of childhood congenital heart disease, the mothers and fathers of these youngsters are involved in an organization appropriately known as Parents in Heart to Heart, and
Whereas, on February 14, a day that focuses on matters of the heart, Parents in Heart to Heart, the Vermont chapter of the American Heart Association, medical specialists in cardiology, and the Vermont Department of Health are teaming together in a very special way to observe A Day for Hearts: Congenital Heart Defect Awareness Day, an event intended to increase public awareness concerning the perils of congenital heart defects and the continuously evolving treatments for this dreaded threat to promising new lives, and
Whereas, it is to everyone’s benefit that information regarding congenital heart disease be spread as broadly as possible, especially among parents of young children, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly, recognizing the importance of public education on matters relating to congenital heart disease, designates February 14th as A Day for Hearts: Congenital Heart Defect Awareness Day, and urges Vermonters to avail themselves of the public education opportunities that will be associated with this event, and be it further
Resolved: That the Secretary of State be directed to send copies of this resolution to Professor Cathy M. Frey of Barre Town, Julianne Nickerson of Burlington, Brenda Fife, RN BSN of Burlington, Nancy Drucker, MD of Burlington, Scott Yeager, MD of Burlington, Jo Yoder, Parent to Parent of Vermont and Sheri Turner of Bridgewater, Ma.
J.R.H. 33
Joint resolution honoring Wilson “Bill” Clark, Vermont’s very special “Mr.Maple”
Offered by: Representative Waite of Pawlet
Whereas, for the last 32 years, Wilson “Bill” Clark has epitomized the Vermont maple sugar making industry while serving as the highly respected president of the Vermont Maple Sugar Makers Association (VMSMA), and
Whereas, his passion for tromping in the snow on a mild March day to tap the majestic Vermont maples and celebrate the first rumblings of spring, long predates his professional activities, and
Whereas, Bill Clark’s life as an extraordinary maple sugar maker, deeply dedicated to extolling the glories of his craft to the younger generation, began as a 12-year-old’s lark at his family’s Tadmer Hill Farm in Pawlet during a prolonged mud season school closure, and
Whereas, the wonders and excitement of maple sugaring so enthralled young Bill that he soon realized he had discovered his life’s calling, and
Whereas, under his guidance, the number of trees he annually tapped grew to over 8,000, and
Whereas, Bill Clark’s acumen in tapping trees and boiling the sap at his Pawlet sugar house led, in 1969, to his becoming VMSMA’s president, and
Whereas, during his truly unprecedented 32-year tenure in this position, Bill Clark dynamically led the industry through serious challenges to its future by promoting major technical innovations, annually traveling to maple school sessions for sugar makers across the state, and staunchly advocating the absolute need for purity in Vermont’s maple sugar, and
Whereas, his wise leadership greatly helped to reinvigorate an industry that is now strategically well positioned to prosper in an incredibly competitive 21st century marketplace, and
Whereas, before his recent retirement from the VMSMA presidency, but most assuredly not from maple sugarmaking, Bill was festively honored at the association’s annual banquet held in conjunction with the 2001 Farm Show in Barre, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates Wilson “Bill” Clark on concluding a remarkable 32 years’ presidential tenure, consisting of inspired leadership, innovation and foresight, at the Vermont Maple Sugar Makers Association, and wishes both Bill and his wife Susan many future years of sweet sugarmaking at Tadmer Hill, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Wilson “Bill” Clark in Pawlet.
House Bills Introduced
House bills of the following titles were severally introduced, read the first time and referred as follows:
H. 161
By Reps. Howrigan of Fairfield, Hube of Londonderry, LaBarge of Grand Isle, Rosenquist of Georgia, Allard of St. Albans Town, Baker of West Rutland, Barney of Highgate, Brown of Walden, Cross of Winooski, Dostis of Waterbury, Endres of Milton, Hooker of Rutland City, LaVoie of Swanton, McGrath of Ferrisburgh, Metzger of Milton, Myers of Essex, Schiavone of Shelburne, Winters of Swanton and Winters of Williamstown,
An act relating to volunteer fire and rescue workers’ tax credit;
To the committee on Ways and Means.
H. 162
By Reps. Hube of Londonderry, Bourdeau of Hyde Park, Dakin of Colchester, O’Donnell of Vernon, Quaid of Williston, Schiavone of Shelburne, Starr of Troy, Towne of Berlin and Voyer of Morristown,
An act relating to income tax credit for adoption expenses;
To the committee on Ways and Means.
H. 163
By Rep. Hingtgen of Burlington,
An act relating to limited telephone service;
To the committee on Commerce.
H. 164
By Reps. Mazur of South Burlington and Colvin of Bennington,
An act relating to a study of the utility infrastructure;
To the committee on Commerce.
H. 165
By Rep. Nuovo of Middlebury,
An act relating to prohibiting sale, planting, or distribution of purple loosestrife;
To the committee on Judiciary.
H. 166
By Reps. Helm of Castleton, Howrigan of Fairfield, Larocque of Barnet, McGrath of Ferrisburgh and Rogers of Castleton,
An act relating to establishing a state wastewater and drinking water board, with a mandate to amend rules so as to encourage the use of new technology for treating wastewater;
To the committee on Fish, Wildlife and Water Resources.
H. 167
By Rep. Hingtgen of Burlington,
An act relating to prohibiting children who are under the age of 16 from pumping gasoline;
To the committee on General, Housing and Military Affairs.
H. 168
By Reps. Kirker of Essex and Stevens of Essex,
An act relating to the charter of the village of Essex Junction;
To the committee on Local Government.
Bill Amended; Third Reading Ordered
H. 80
Rep. Larrabee of Danville, for the committee on Institutions, to which had been referred House bill, entitled
An act relating to the Brattleboro Retreat;
Reported in favor of its passage when amended as follows:
On page 3, by striking lines 8 through 10.
The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Institutions agreed to and third reading ordered.
Joint Resolutions Adopted
Joint resolutions of the following titles were severally taken up and adopted on the part of the House;
J.R.H. 30
Joint resolution, entitled
Joint resolution in memory of Kim Bitterman;
J.R.H. 31
Joint resolution, entitled
Joint resolution honoring Lucy Nichol for her role in creating the Peace Park in Montpelier.
Joint Resolution Adopted in Concurrence
J.R.S. 19
Joint resolution, entitled
Joint resolution honoring the 50th anniversary of the Knoll Motel;
Was taken up and adopted in concurrence.
Sexual Harassment Policy Adopted
and Sexual Harassment Panel Appointed
Pursuant to Rule 90, the following Sexual Harassment Policy was adopted by the House Rules Committee and the Sexual Harassment Panel was appointed by the House Rules Committee.
Sexual Harassment Policy
It is the policy of the Vermont House of Representatives to provide a professional working environment free from discrimination. Therefore, without qualification, the harassment of anyone on the basis of sex is prohibited.
Scope of Policy
This policy covers the conduct of members of the House of Representatives and employees. The policy extends to the staff of the Legislature and members of the public, including lobbyists and members of the press, who allege sexual harassment.
Sexual harassment violates a person's basic civil rights, undermines the integrity of the workplace or work environment and may adversely affect workers and citizens, whether or not they are the direct subjects of the harassment. Sexual harassment may be verbal, physical, auditory or visual, subtle or overt. Sexual harassment is behavior which is not only unwelcome, but may also be personally offensive. Such behavior demonstrates a lack of respect for the rights of others, lowers moral, interferes with work effectiveness and violates a person's sense of well-being. Men or women may be victims of sexual harassment which may occur between equals as well as when one person has authority, or the appearance of authority, over another.
Sexual harassment, a form of sex discrimination, is prohibited by both state and federal law, therefore it is the duty of each House member and the Clerk of the House to provide a workplace free from harassment. This duty involves informing all employees and House members of this policy and that they are not required to endure sexual harassment, that such harassment is illegal and prohibited, that the sexual harassment policy will be enforced by speedy and impartial investigation of all complaints.
Definition of Sexual Harassment
"Sexual harassment" is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when it occurs under one or more of the following circumstances:
1. submission to such conduct is made either explicitly or implicitly a term or condition of employment;
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions of such individual, whether or not the harasser is the employer;
3. such conduct has the purpose or effect of unreasonably interfering with an individual's or employee's work performance or of creating an intimidating, hostile or offensive working environment.
Examples of sexual harassment include, but are not limited to, the following when the acts or behavior come within one of the above definitions:
- either explicitly or implicitly conditioning any term of employment (e.g. continued employment, wages, evaluation, advancement, assigned duties or shifts) on the provision of sexual favors;
- touching or grabbing a sexual part of a person's body;
- touching or grabbing any part of a person's body after that person has indicated that such physical contact is unwelcome;
- continuing to ask a person to socialize on or off-duty when that person has indicated a lack of interest;
- displaying or transmitting sexually suggestive pictures, objects, cartoons, posters or other visual matter if it is known or should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or should be known that the person does not welcome such behavior;
- referring to or calling a person a sexualized name if it is known or should be known that the person does not welcome such behavior;
- regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or should be known that the person does not welcome such behavior;
- retaliation of any kind for having filed or supported a complaint of sexual harassment (e.g. ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person's duties or work environment);
- derogatory or provocative remarks about or relating to a person's sex or sexual orientation;
- harassing acts or behavior directed against a person on the basis of the person's sex or sexual orientation;
- off-duty conduct which falls within the above definitions and affects the work environment.
Confidentiality
All investigations and efforts to resolve complaints under this procedure shall be conducted with as much confidentiality as possible without compromising the thoroughness of the investigation. The complaint procedure is designed to encourage the reporting of all incidents of sexual harassment by assuring confidentiality to the extent possible to protect the reputation of victims and anyone wrongfully accused and by prohibiting retaliation against anyone who files a complaint. Confidentiality cannot be assured if a person uses another forum to report or defend against a sexual harassment complaint. Notice will be given to anyone who is the subject of an investigation of a sexual harassment complaint.
Filing a Complaint
Anyone who believes that they have been sexually harassed by a member or an employee of the House has a number of avenues of resolution. Such a person is encouraged to informally address the problem by confronting the individual or having another person intervene to stop the offending behavior. This policy provides for a procedure if other options are ineffective or the person chooses not to attempt informal resolution.
A person may make a complaint to a member of the House Sexual Harassment Panel (SHP), who will thoroughly explain the complaint process and other options for resolution. If the person decides to pursue a complaint, it shall be made in writing and filed with the SHP which will investigate and take steps to resolve the situation with as much confidentiality as possible.