321 THURSDAY, FEBRUARY 26, 2004
Journal of the House
______
THURSDAY, FEBRUARY 26, 2004
At one o'clock in the afternoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Reverend Michael Kriesel of Community Bible Church, South Burlington.
Joint Resolution Placed on Calendar
J.R.H. 40
Reps. Dostis of Waterbury, Amidon of Charlotte, Aswad of Burlington, Atkins of Winooski, Baker of West Rutland, Bohi of Hartford, Bolduc of Barton, Bostic of St. Johnsbury, Botzow of Pownal, Branagan of Georgia, Brennan of Colchester, Brooks of Montpelier, Carey of Chester, Chen of Mendon, Connell of Warren, Corcoran of Bennington, Cross of Winooski, Dakin of Colchester, Darrow of Dummerston, Deen of Westminster, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Errecart of Shelburne, Fallar of Tinmouth, Fisher of Lincoln, Flory of Pittsford, Freed of Dorset, French of Randolph, Gervais of Enosburg, Grad of Moretown, Head of South Burlington, Helm of Castleton, Hingtgen of Burlington, Houston of Ferrisburgh, Howrigan of Fairfield, Hube of Londonderry, Hummel of Underhill, Hunt of Essex, Jewett of Ripton, Johnson of South Hero, Johnson of Canaan, Keenan of St. Albans City, Kenyon of Bradford, Ketchum of Bethel, Kiss of Burlington, Kitzmiller of Montpelier, Klein of East Montpelier, Larson of Burlington, Lippert of Hinesburg, Livingston of Manchester, Maier of Middlebury, Marek of Newfane, Marron of Stowe, Martin of Springfield, Masland of Thetford, McAllister of Highgate, McCullough of Williston, McLaughlin of Royalton, Metzger of Milton, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Morrissey of Bennington, Nease of Johnson, Nitka of Ludlow, Nuovo of Middlebury, Obuchowski of Rockingham, O'Donnell of Vernon, Otterman of Topsham, Parent of St. Albans City, Partridge of Windham, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Pugh of South Burlington, Reese of Pomfret, Rodgers of Glover, Rogers of Castleton, Rusten of Halifax, Seibert of Norwich, Shand of Weathersfield, Sharpe of Bristol, Shaw of Derby, Smith of Morristown, Starr of Troy, Sweaney of Windsor, Symington of Jericho, Trombley of Grand Isle, Valliere of Barre City, Vincent of Waterbury, Waite of Pawlet, Westman of Cambridge, Winters of Williamstown, Young of Orwell and Zuckerman of Burlington offered a joint resolution, entitled
Joint resolution recognizing February 27, 2004 as Hunger Awareness Day and encouraging the promotion and maximization of efforts to eliminate hunger in Vermont;
Whereas, in Vermont, 10.1 percent of our population, or 67,000 people, lack access to enough food to meet fully basic needs at all times due to lack of financial resources, and
Whereas, 26,000 Vermont children are living in households where food scarcity and hunger are daily struggles, affecting their cognitive development, educational achievement, and potential for a productive adulthood, and
Whereas, last year, 130,000 Vermonters accessed Foodbank services through its network of 295 agencies, and
Whereas, 60 percent of food shelves had a 16 percent higher caseload than they did in 2001, and
Whereas, elderly households represent 23 percent of the Vermonters being helped at food shelves, and
Whereas, over 25,000 schoolage children count on free or reduced price school breakfast and school lunch to meet their basic needs, while 6,000 other eligible children are not able to access these basic programs, and
Whereas, 40,000 Vermonters use food stamps, while another 40,000 Vermonters live at or below 130 percent of the federal poverty level but are not receiving food stamp benefits, and
Whereas, hunger and undernutrition strain our state’s financial, medical, and educational resources, and
Whereas, February 27, 2004 is being observed as Hunger Awareness Day at the State House, providing a special opportunity to focus on the often hidden problems of hunger which exist in Vermont, now therefore be it
Resolved by the Senate and House of Representatives:
That it is in the best interests of Vermont to maximize the use of federal nutrition programs and for the state to create partnerships with businesses and organizations to ensure that adequate food and good nutrition are available and accessible to all Vermonters, and be it further
Resolved: That the secretary of state send a copy of this resolution to the Vermont Campaign to End Childhood Hunger, the Vermont Foodbank, the Vermont School Food Service Association, and the Northfield Boys and Girls Club.
Which was read and, in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.
Joint Resolution Referred to Committee
J.R.H. 41
Reps. Jewett of Ripton, Clark of Vergennes, Fisher of Lincoln, Houston of Ferrisburgh, Maier of Middlebury, Nuovo of Middlebury, Seibert of Norwich and Sharpe of Bristol offered a joint resolution, entitled
Joint resolution relating to the state appropriation for the regional marketing program;
Whereas, sustaining and enhancing Vermont’s tourism industry is essential to the state’s economic prosperity, and
Whereas, recently issued statistics demonstrate with great clarity tourism’s large slice of Vermont’s economic pie, and
Whereas, in a speech on November 19, 2003 before representatives of the Vermont travel industry, Governor Douglas reminded his audience that nearly 14 million visitors contribute to Vermont’s economy, and
Whereas, during 2002, United States tourists spent nearly $3 billion in the state and contributed to over 75,000 jobs, which equals 19 percent of the state’s total, and
Whereas, these visitors’ expenditures rank Vermont fifth among the 50 states with respect to tourist spending as a percentage of gross state product, and
Whereas, a critical source of regional information for tourists planning to visit Vermont and those who have already arrived is the regional marketing program now administered through the regional marketing organizations (RMOs), and
Whereas, this infrastructure is critical to the success of the travel industry in all regions of the state, and small businesses are dependent on this industry for their economic livelihood, and
Whereas, between fiscal years 2001 and 2004, the regional marketing program’s funding has been decreasing, and
Whereas, the proposed fiscal year 2005 state support for the regional marketing program is over $200,000.00 less than was appropriated for the current fiscal year, and
Whereas, the promotion of small business’s visitorrelated activities has generated revenue for the rooms and meals and sales taxes, providing funding for important state services accessible to all Vermonters, and
Whereas, the RMOs’ personnel are professionally qualified individuals who provide updated information in person, by telephone, and via the World Wide Web to Vermont’s visitors and individuals who are planning a journey to the green mountain state, and
Whereas, the state appropriation for the regional marketing program is not only important for the specific dollars it represents for the RMOs statewide, but of at least equal importance as a financial tool for leveraging additional private funds, and
Whereas, restoring the state appropriation for the regional marketing program to the level which existed prior to the recent decreases would benefit all Vermonters as the RMOs would have greater resources to attract visitors and their tax generating expenditures to our state, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly expresses its support for restoring the state appropriation for the regional marketing program to its fiscal year 2001 level, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Secretary of Commerce and Community Development, Kevin Dorn, Commissioner of Tourism and Marketing, Bruce Hyde, and to each regional marketing organization.
Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Commerce.
Bill Referred to Committee on Ways and Means
H. 412
House bill, entitled
An act relating to assessing a fee of one-half cent per gallon of heating oil sold in the state to be used to finance the cleanup of spills from aboveground storage tanks;
Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.
Bill Referred to Committee on Appropriations
H. 543
House bill, entitled
An act relating to composition of the liquor control board.
Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.
Committee Bill Introduced
H. 753
Rep. Hudson of Lyndon, for the committee on Government Operations, introduced a bill, entitled
An act relating to military service credits and stipends;
Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.
Favorable Report; Third Reading Ordered
H. 721
Rep. Howrigan of Fairfield, for the committee on General, Housing, and Military Affairs, to which had been referred House bill, entitled
An act relating to consumer protection for the purchase of manufactured homes;
Reported in favor of its passage.
Thereupon, the bill was read the second time and third reading ordered.
Third Reading; Bill Passed
H. 750
House bill, entitled
An act relating to public service billback authority and the regulation of telecommunications companies;
Was taken up, read the third time and passed.
Action on Bill Postponed
H. 752
House bill, entitled
An act relating to advance directives for health care;
Was taken up and pending second reading of the bill, on motion of Rep. Maier of Middlebury, action on the bill was postponed until Tuesday, March 16, 2004.
Bill Amended; Third Reading Ordered
H. 570
Rep. Metzger of Milton, for the committee on Local Government, to which had been referred House bill, entitled
An act relating to approval of the town of Williston charter;
Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. CHARTER APPROVAL
The Town of Williston charter is approved as provided in this act. The charter was approved by the voters on May 27, 2003.
Sec. 2. 24 App. V.S.A. chapter 156 is added to read:
Chapter 156. Town of Williston
§ 1. Incorporation
The inhabitants of the town of Williston are a body politic and corporate under the name of “Town of Williston,” and as such enjoy all rights, immunities, powers, and privileges and are subject to all the duties and liabilities now appertaining to or incumbent upon them as a municipal corporation.
§ 2. Application of general law; charter
(a) Except when modified by the provisions of this charter, or by any regulation or ordinance of the town adopted pursuant to special authority granted by this charter, all statutes of the state of Vermont relating to municipalities shall apply to the town of Williston.
(b) If any matter mentioned in this charter is said to be controlled by a statute, the reference to such statute shall include the statute as amended or renumbered or any statute substituted therefor and having a similar subject matter.
(c) In this charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers that the town would have if the particular power were not mentioned.
§ 3. Powers of the town
(a) The town of Williston shall have all the powers and functions conferred upon towns and villages by the constitution and general laws of the state and shall also have all implied powers necessary to implement such powers and functions. All powers and functions conferred or implied by the charter shall be in addition to the powers and functions conferred upon the town by laws now in force or hereinafter enacted.
(b) Nothing in this charter shall be construed as a limitation of such powers and functions incident to public and municipal corporations.
§ 4. Intergovernmental relations
The town may exercise any of its powers, or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any other towns, cities, and school systems, or one or more states or civil division or agencies thereof, or the United States or any agency thereof.
§ 5. Ordinances
(a) Town legislation. Town legislation shall be by ordinance. Ordinances and rules promulgated pursuant thereto shall have the full force of law embodied in this charter.
(b) Subjects of regulation. The selectboard may adopt ordinances on any subject authorized by statute or this charter.
(c) Ordinance adoption procedure. Ordinances shall be adopted in accordance with the provisions of chapter 59 of Title 24.
(d) The town may take actions necessary to prosecute any person who violates ordinances passed pursuant to this charter.
§ 6. Open meetings; public records
(a) The provisions of subchapter 2 of chapter 5 of Title 1 shall govern all meetings of boards and commissions, and their subcommittees, of the town of Williston.
(b) The provisions of subchapter 3 of chapter 5 of Title 1 shall govern all public records of the town of Williston.
§ 7. Ethics
(a) Policy statement. Accepting a position as a public official carries with it the acceptance of trust that the official will work to further the public interest. Maintaining that public trust is critical to the continued operation of good government. In addition, public decisionmaking should be open and accessible to the public at large. To preserve this public trust, there are five principles to which public officials should adhere:
(1) A public official should represent and work toward the public interest and not toward private or personal interests.
(2) A public official should accept and maintain the public trust (i.e., he or she must preserve and enhance the public’s confidence in its public officials).
(3) A public official should exercise leadership, particularly in the form of consistently demonstrating behavior that reflects the public trust.
(4) A public official should recognize the proper role of all government bodies and the relationships between the various government bodies.
(5) A public official should always demonstrate respect for others and for other positions.
(b) Policy or ordinance authorized. In order to promote these principles, the selectboard may adopt, by resolution or ordinance, a formal, binding policy or ordinance on ethics.
§ 8. Licenses; fees; charges; user fees; fees for service
(a) The selectboard shall have the sole authority for the setting of all fees, charges, user fees, or fees for services related to town government, except those prescribed by state statute relating to the office of the town clerk.