VT Journal of the House

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TUESDAY, APRIL 27, 2004

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Steve Berry of First Congregational Church of Manchester.

Pledge of Allegiance

Page Molly Taylor of Bethel led the House in the Pledge of Allegiance.

Message from Governor

A message was received from His Excellency, the Governor, by Mr. Neale Lunderville, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the twenty-sixth day of April, 2004, he approved and signed a bill originating in the House of the following title:

H. 777  An act relating to genetically engineered seed

Bill Referred to Committee on Appropriations

H. 558

House bill, entitled

An act relating to licensing standards for the Vermont state hospital;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

House 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.

H.R.  34

House resolution designating May 3-9, 2004 as Public Service Recognition Week in Vermont

Offered by:  Representatives Tracy of Burlington, Adams of Hartland, Allaire of Rutland City, Allard of St. Albans Town, Anderson of Woodstock, Audette of South Burlington, Baker of West Rutland, Bohi of Hartford, Bolduc of Barton, Bostic of St. Johnsbury, Botzow of Pownal, Brennan of Colchester, Brooks of Montpelier, Carey of Chester, Chen of Mendon, Connell of Warren, Cross of Winooski, Crowley of West Rutland, Dakin of Colchester, Darrow of Dummerston, Deen of Westminster, Donaghy of Poultney, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, Endres of Milton, Fallar of Tinmouth, Fisher of Lincoln, Flory of Pittsford, French of Randolph, Gervais of Enosburg, Haas of Rutland City, Head of South Burlington, Heath of Westford, Helm of Castleton, Hingtgen of Burlington, Hudson of Lyndon, Hummel of Underhill, Hunt of Essex, Jewett of Ripton, Johnson of South Hero, Keenan of St. Albans City, Kennedy of Chelsea, Ketchum of Bethel, Kirker of Essex, Kitzmiller of Montpelier, Klein of East Montpelier, Koch of Barre Town, Krawczyk, A. of Bennington, Larocque of Barnet, Larson of Burlington, Lippert of Hinesburg, Maier of Middlebury, Marek of Newfane, Marron of Stowe, Masland of Thetford, McCullough of Williston, McLaughlin of Royalton, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Monti of Barre City, Morrissey of Bennington, Myers of Essex, Nease of Johnson, Nuovo of Middlebury, Obuchowski of Rockingham, O’Donnell of Vernon, Otterman of Topsham, Partridge of Windham, Peaslee of Guildhall, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Pugh of South Burlington, Reese of Pomfret, Robinson of Richmond, Rodgers of Glover, Rusten of Halifax, Seibert of Norwich, Shand of Weathersfield, Sharpe of Bristol, Sheltra of Derby, Shouldice of Calais, Smith of Morristown, Sunderland of Rutland Town, Sweaney of Windsor, Sweetser of Essex, Symington of Jericho, Trombley of Grand Isle, Valliere of Barre City, Vincent of Waterbury, Waite of Pawlet and Zuckerman of Burlington

Whereas, since 1985, the first week of May has been celebrated as Public Service Recognition Week in honor of the men and women who serve the United States as federal, state, and local government employees, and

Whereas, Congress and President Bush have designated Public Service Recognition Week to educate citizens concerning the essential nature of the services which public employees perform for and provide to the citizenry, and

Whereas, public employees serve Vermonters every day, and our citizens have consistently endorsed the quality and accessibility of Vermont’s public services, and

Whereas, public sector employees maintain our roads and bridges; deliver essential services to families, the elderly, veterans, persons with disabilities, and other Vermonters in need; ensure quality education for our children; preserve our natural environment and historic heritage; guarantee the public safety through law enforcement activities and emergency response services; promote economic development, including assisting Vermonters in finding jobs and improving their employment skills; safeguard our public health; and care for the most vulnerable in our society, and

Whereas, without dedicated civil servants, there would not be any continuity of governmental services when changes occur within the elected leadership structures of our democracy, and

Whereas, recognition of governmental employees encourages more persons to consider public service as an honorable career choice, now therefore be it

Resolved by the House of Representatives:

That this legislative body is pleased to recognize the dedication and outstanding contributions of all Vermont’s federal, state, and municipal employees on behalf of the citizens of Vermont, and be it further

Resolved:  That this legislative body designates the week of May 3-9, 2004 as Public Service Recognition Week in Vermont, and be it further

Resolved:  That the Clerk of the House be directed to send a copy of this resolution to Governor James Douglas, the Vermont State Employees’ Association, the Vermont NEA, and the Vermont AFL-CIO as the representatives of these dedicated public servants.

Third Reading; Bill Passed in Concurrence

with Proposal of Amendment

S. 42

Senate bill, entitled

An act relating to creating an office of land recycling, and otherwise revising the brownfields reclamation program;

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Bill Amended; Third Reading Ordered

H. 629

Rep. Hingtgen of Burlington, for the committee on Education, to which had been referred House bill, entitled

An act relating to bullying prevention policies;

Reported in favor of its passage when amended as by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  16 V.S.A. § 11(a)(32) is added to read:

(32)  “Bullying” means any overt act or combination of acts directed against a student by another student or group of students and which:

(A)  is repeated over time;

(B)  is intended to ridicule, humiliate, or intimidate the student; and

(C)  occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity.

Sec. 2.  16 V.S.A. § 1161a(a)(6) is amended to read:

(a)  Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior.  To the extent appropriate, the plan shall promote the positive development of youth.  The plan shall include:

* * *

(6)  a description of behaviors on and off school grounds which constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors which may be grounds for expulsion.  The plan shall include a description of misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this title which, although serious, does not rise to the level of harassment or bullying as that term is those terms are defined therein; and

* * *

Sec. 3. UPDATE OF MODEL SCHOOL PLAN ON STUDENT                                              DISCIPLINE TO INCLUDE BULLYING PREVENTION;                              COMMISSIONER OF  EDUCATION; REPORT

(a)  By January 1, 2005, the commissioner of education shall update and distribute to all superintendents, school boards, and principals a model school plan on student discipline, as required by Sec. 15(a) of No. 113 of the Acts of the 1999 Adj. Sess. (2000), for use in addressing bullying in schools.  The model plan shall:

(1)  state that bullying, as defined in subdivision 11(a)(32) of Title 16, is a form of dangerous and disrespectful behavior that will not be permitted or tolerated;

(2)  enable students to report anonymously to teachers and school administrators acts of bullying;

(3)  enable parents or guardians of students to file written reports of suspected bullying;

(4)  require teachers and other school staff who witness acts of bullying or receive student reports of bullying to notify school administrators;

(5)  require school administrators to investigate any written reports filed and to review any anonymous reports;

(6)  include an intervention strategy for school staff to deal with bullying;

(7)  include the prohibition against bullying in the student or school handbook and otherwise make students aware of the prohibition against bullying, the penalties therefor, and the procedures for reporting bullying;

(8)  require the school to notify the parent or guardian of a student who

commits a verified act of bullying of the response of the school staff and consequences that may result from further acts of bullying; and

(9)  to the extent permitted under the Family Educational Rights and

Privacy Act of 1974 (P.L. 93-380) and as amended, require the school to notify the parent or guardian of a student who is a victim of bullying of the action taken to prevent any further acts of bullying; and

(10)  require the school to collect data on the number of reported incidents of bullying and the number of incidents that have been verified and to make such data available to the commissioner and to the public.

(b)  On or before January 15, 2007, the commissioner of education shall report to the senate and house committees on education on implementation of this section.  The report shall include pertinent data such as incidences of bullying gathered by school districts.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House amend the bill as recommended by the committee on Education? Rep. Hingtgen of Burlington 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 the committee on Education?  was decided in the affirmative.  Yeas, 130.  Nays, 9.

 

Those who voted in the affirmative are:


Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Amidon of Charlotte

Anderson of Woodstock

Aswad of Burlington

Atkins of Winooski

Audette of South Burlington

Bailey of Hyde Park

Baker of West Rutland

Bartlett of Dover

Bohi of Hartford

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Brennan of Colchester

Brooks of Montpelier

Brown of Walden

Carey of Chester

Chen of Mendon

Clark of St. Johnsbury

Clark of Vergennes

Connell of Warren

Corcoran of Bennington

Cross of Winooski

Crowley of West Rutland

Dakin of Colchester

Darrow of Dummerston

Deen of Westminster

DePoy of Rutland City

Donaghy of Poultney

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Duffy of Rutland City

Dunsmore of Georgia

Edwards of Brattleboro

Emmons of Springfield

Endres of Milton

Errecart of Shelburne

Fisher of Lincoln

Flory of Pittsford

French of Randolph

Gervais of Enosburg

Haas of Rutland City

Head of South Burlington

Heath of Westford

Helm of Castleton

Hingtgen of Burlington

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Hummel of Underhill

Hunt of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Kennedy of Chelsea

Kenyon of Bradford

Keogh of Burlington

Ketchum of Bethel

Kirker of Essex

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Krawczyk, A. of Bennington

Krawczyk, J. of Bennington

Larrabee of Danville

Larson of Burlington

LaVoie of Swanton

Lippert of Hinesburg

Maier of Middlebury

Marek of Newfane

Marron of Stowe

Martin of Springfield

Masland of Thetford

Mazur of South Burlington

McAllister of Highgate

McCullough of Williston

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Miller of Elmore

Molloy of Arlington

Monti of Barre City

Morrissey of Bennington

Myers of Essex

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Otterman of Topsham

Partridge of Windham

Peaslee of Guildhall

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Pugh of South Burlington

Reese of Pomfret

Robinson of Richmond

Rodgers of Glover

Rusten of Halifax

Schiavone of Shelburne

Seibert of Norwich

Severance of Colchester

Shand of Weathersfield

Sharpe of Bristol

Shouldice of Calais

Smith of New Haven

Smith of Morristown

Starr of Troy

Sunderland of Rutland Town

Sweaney of Windsor

Sweeney of Colchester

Sweetser of Essex

Symington of Jericho

Towne of Berlin

Tracy of Burlington

Trombley of Grand Isle

Valliere of Barre City

Vincent of Waterbury

Waite of Pawlet

Webster of Randolph

Westman of Cambridge

Winters of Swanton

Wood of Brandon

Wright of Burlington

Zuckerman of Burlington


Those who voted in the negative are:


Bolduc of Barton

Gray of Barre Town

Hall of Newport City

Johnson of Canaan

Kilmartin of Newport City

Parent of St. Albans City

Sheltra of Derby

Winters of Williamstown

Young of Orwell


Those members absent with leave of the House and not voting are:


Crawford of Burke

Fallar of Tinmouth

Grad of Moretown

Kainen of Hartford

Koch of Barre Town

Larocque of Barnet

Livingston of Manchester

Metzger of Milton

Rogers of Castleton

Shaw of Derby


 

    Rep. Kirker of Essex explained her vote as follows:

“Mr. Speaker:

    H. 629 is a bill that I have struggled with.  I believe that bullying is a symptom of larger, pervasive, social and cultural issues in our society.

    This bill is one more example of the state expecting schools to assume parental responsibilities.

    However, I support the bill in the hope that a clear message about the importance of respect in our society will be brought to the forefront.  Let us all remember that children learn from adults who model behaviors and set expectations for right and wrong.”

    Rep. Young of Orwell explained his vote as follows:

“Mr. Speaker:

    The childhood poem “sticks and stones will break my bones, but names will never hurt me”, is hereby repealed.”

Bill Amended; Third Reading Ordered

H. 779

Rep. Sweeney of Colchester, for the committee on Local Government, to which had been referred House bill, entitled

An act relating to the charter of the city of Winooski;

Reported in favor of its passage when amended as follows:

    First:  By striking Sec. 1 in its entirety and inserting in lieu thereof the following:

Sec. 1.  CHARTER AMENDMENT

Notwithstanding the certification requirements of 17 V.S.A. § 2645, the Charter of the City of Winooski is amended as it appears in this act. The voters approved the amendments on March 4, 2003 except for the amendment repealing § 5.20 related to the Gilbrook Property which the voters approved on November 5, 2002.

    Second: In Sec. 16, 24 App. V.S.A. chapter 17 § 2.17 by striking subsection (c).

    Third: By adding a new Sec. 19a to read:

Sec. 19a. 24 App V.S.A. chapter 17 § 5.12 is amended to read:

§ 5.12. Property sales and leases

(a) The city council may authorize the sale of real or personal estate belonging to the city when the same shall not exceed in value ten thousand dollars, or may lease the same for a term not exceeding one year and all conveyances, grants and leases of any such real estate shall be executed by the