Journal of the Senate

Tuesday, May 29, 2001

The Senate was called to order by the President pro tempore.

A moment of silence was observed in lieu of devotions.

The President pro tempore then led the members of the Senate in the Pledge of Allegiance.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Ankeney, Corrow, Kittell, Leddy, Maynard, and McCormack ,

J.R.S. 75. Joint resolution relating to establishment of a committee to study out-of-school programs.

Whereas, research shows that children and youth who, during nonschool hours, cannot go to either a home with a caring adult in it or another safe, nurturing environment, are most likely to engage in unsafe and unhealthy activities, and

Whereas, many Vermont communities are already providing safe, appropriate activities for children and youth in fifth grade through high school during nonschool hours, using federal grants which are about to expire or other one-time or limited funds, and

Whereas, many of these community organizations are working hard to become funded entirely by local funds, but need another year or two of state assistance in order to keep operating as they make the transition, and

Whereas, other communities would also like to begin to provide similar activities, and are also in need of funds to begin such programs, now therefore be it

That the Legislative Council shall gather information about Vermont community-run programs which currently provide out-of-school services to youth from fifth grade through high school, using federal or state funds, including information about how many children are served, cost of each program, whether each program involves young people in program planning and implementation, and whether each program has the potential capacity to continue programming without state funds in the future, and be it further

Resolved: That the general assembly shall establish a committee made up of one member from each of the following committees chosen by the chair of the committee: Senate and House Committees on Appropriations, and Senate and House Committees on Education; and one other member from each house chosen by the President of the Senate and the Speaker of the House, and be it further

Resolved: That the committee may meet up to three times to review the information-gathering work of the legislative council, to provide further direction to the council about its information-gathering, and to determine appropriate legislative action to support the work of communities which are providing successful programs; and that the committee members shall receive per diem and expenses pursuant to 2 V.S.A. § 406, and be it further

Resolved: That the committee shall present the results of the information gathered by the council and its recommendations for legislative action to the Senate and House Committees on Appropriations and on Education on or before January 15, 2002.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Bahre, Gossens, Doyle, and Illuzzi,

J.R.S. 76. Joint resolution commemorating the 225th anniversary of the establishment of the Revolutionary War fortification of Mount Independence.

Whereas, in 1776, while the Continental Congress was meeting in Philadelphia to set the political course of the fledgling nation, critical military developments were occurring in the Champlain Valley, and

Whereas, American forces were retreating south after their unsuccessful 1775 invasion of Canada, and

Whereas, by July 2, 1776, the approximately 5,200 men who comprised the American force, 2,800 of whom were sick from smallpox or fatigue, had reached the western shore of Lake Champlain at Crown Point, and

Whereas, halting the southward march of the British forces under the command of Sir Guy Carleton was a strategic imperative, and

Whereas, the American military leadership, under the able command of Major General Horatio Gates, determined that Crown Point was not a good position to establish a line of fortification against the British forces, and that the best course of action was to proceed southward to Fort Ticonderoga, and

Whereas, General Gates and his colleagues found Fort Ticonderoga to be in a state of disrepair, and they decided to construct a new fortification across the lake on a high promenade then known locally as Rattlesnake Hill, and

Whereas, by July 8, 1776, the first reconnaissance of the new site had been made, and

Whereas, on July 28, 1776, the assembled troops learned that the Continental Congress had declared independence, and they named the new outpost Mount Independence in honor of this momentous event, and

Whereas, in October 1776, the combined military presence at Fort Ticonderoga and the newly-constructed Mount Independence fortification easily persuaded Sir Guy Carleton and his forces to reverse course and head north, and

Whereas, although British and Hessian forces burned the now-evacuated fortification at Mount Independence in November 1777, it served a vital role in the early months of the Revolutionary War, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly commemorates the 225th anniversary of the fortification of Mount Independence, and commends both the Vermont Division for Historic Preservation and the Mount Independence Coalition for their outstanding educational programs at Mount Independence, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont Division for Historic Preservation and the Mount Independence Coalition.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Doyle, Cummings and Scott,

J.R.S. 77. Joint resolution honoring Lyman Amsden on his retirement as the superintendent of the Barre Supervisory Union.

Whereas, Lyman Amsden is one of Vermont’s most respected educational administrators, and

Whereas, in choosing his professional path, he proudly continued, for a third generation, a family tradition in public education, and

Whereas, Lyman Amsden has now devoted nearly four decades as a Vermont-based public school educational leader, and

Whereas, upon graduating from Keene State College in 1962, he commenced his professional career as a teacher at Northfield High School, where he was an energetic and enthusiastic industrial arts instructor and actively participated in many extracurricular activities, and

Whereas, while teaching at Northfield High School, Lyman Amsden earned a master’s degree from the University of Connecticut with a concentration in secondary education administration, and

Whereas, in 1966, after completing his advance degree, he accepted the first of several administrative posts as principal of Williamstown High School, and

Whereas, after four successful years as the principal of Williamstown High School, Lyman Amsden proceeded to serve as principal, at Oxbow Union High School in Bradford and then at U-32 High School in East Montpelier, and

Whereas, in 1986, having served two decades as a high school principal, he assumed two superintendent positions, initially at the Washington Central Supervisory Union and more recently at the Barre Supervisory Union, and

Whereas, Lyman Amsden’s educational managerial philosophy has focused on an enriched curriculum, fiscal accountability, and broad community participation in the decision-making process, and

Whereas, he has now decided to conclude his very successful career as an educational administrator, and will be missed by his professional colleagues who considered him a leader in their field, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to honor Lyman Amsden as he concludes a career in public education which will serve as an exemplary model for his colleagues to emulate, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Lyman Amsden at the Barre Supervisory Union.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Senator Kittell, for the Committee on Agriculture, to which was referred House bill entitled:

An act relating to roadside dog sales.

Reported recommending that the Senate propose to the House to amend the bill in Sec. 1, 13 V.S.A. § 366, by striking out subsection (d) in its entirety and inserting in lieu thereof the following:

(c)]*(d) A person who violates this section shall be subject to a *[fine]* civil administrative penalty of not more than *[$250.00]* $1,000.00, which may be assessed through the issuance of a civil ticket by an enforcement officer as defined in subdivision 4(11) of Title 23.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was disagreed to, and third reading of the bill was ordered.

Senator Kittell, for the Committee on Agriculture, to which was referred House bill entitled:

An act relating to regulatory efforts of the department of agriculture, food and markets.

Reported recommending that the Senate propose to the House to amend the bill by adding a new Sec. 6 to read as follows:

Sec. 6. 6 V.S.A. chapter 207 is amended to read:

CHAPTER 207. STATE AGENCIES AND STATE-FUNDED INSTITUTIONS TO PURCHASE VERMONT PRODUCTS

§ 4601. VERMONT PRODUCTS

The commissioner of buildings and general services *[and]*, the chief of administration and any state-funded institutions shall, when purchasing agricultural products *[for any state agency]* *[shall]*, other considerations being equal, purchase products grown or produced in Vermont when available and when they meet quality standards established by the commissioner of agriculture, food and markets.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Joint Senate resolutions entitled:

Joint resolution relating to greenhouse gas emissions.

Joint resolution honoring Margaret A. Picard on her retirement as the South Burlington City Clerk and Treasurer.

Having been placed on the Calendar for action, were taken up and adopted collectively on the part of the Senate.

Joint House resolutions entitled:

Joint resolution honoring William M. "Bill" Austin III.

Joint resolution in support of Katie Hill’s role as a delegate to the Juvenile Diabetes Foundation Children’s Congress 2001.

Having been placed on the Calendar for action, were taken up.

Thereupon, the resolutions were adopted collectively in concurrence.

Appearing on the Calendar for notice, on motion of Senator Rivers, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to the regulation of insurance companies.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill as follows:

First: In Sec. 1, 8 V.S.A. § 22(b), by striking out the word "and" at the end of subdivision (2) by striking out the period at the end of subdivision (3) and inserting in lieu thereof the following: ; and and in subdivision (4), by striking out the following: "subsection (b)(1) of this section" and inserting in lieu thereof the following: subdivision (1) of this subsection, and in subsection (f), by striking out the word "chapters" and inserting in lieu thereof the word chapter

Second: In Sec. 3, 8 V.S.A. § 3315, in the third sentence, by striking out the following: "comply with the terms of any agreement or contract entered into" and inserting in lieu thereof the following: enter into agreements or contracts concerning the coordination and cooperation contemplated by this section

Third: In Sec. 4, 8 V.S.A. § 3361(b), in the second sentence, by striking out the word "agents’" and inserting in lieu thereof the word producers’

Fourth: By striking out Sec. 7 in its entirety and inserting in lieu thereof a new Sec. 7 to read as follows:

Sec. 7. 8 V.S.A. § 3578(b) is amended to read:

(b) Audit report. *[The accountant shall prepare an annual audit report which conforms to statutory accounting practices and contains at least the following]* The audited financial report shall include:

* * *

(6) notes to financial statements required by the National Association of Insurance Commissioners’ Annual Statement Instructions *[or generally accepted accounting principles]* and the National Association of Insurance Commissioners’ Accounting Practices and Procedures Manual. The notes shall include, but are not limited to, a written *[report reconciling any differences]* reconciliation of differences, if any, between the audited statutory financial statements and the annual statement filed pursuant to section 3561 of this title with a written description of the nature of those differences;

* * *

Fifth: In Sec. 14, 8 V.S.A. § 7081(1), in the first sentence, after the word "during" by inserting the following: conservation,

Sixth: By adding two new sections to be numbered Secs. 13a and 16a to read as follows:

Sec. 13a. 8 V.S.A. § 6014(j) is added to read:

Sec. 16a. SUNSET

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Rivers, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

On motion of Senator Mazza, the Senate adjourned until three o’clock and thirty minutes in the afternoon.

The Senate was called to order by the President pro tempore.

Message from the House No. 83

A message was received from the House of Representatives by Mr. Bertrand, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has adopted Joint Resolutions of the following titles:

J.R.H. 140. Joint resolution commemorating Vermont’s 20th anniversary as a captive insurance domicile.

J.R.H. 141. Joint resolution in memory of former representative Thomas A. Neiman of Georgia.

J.R.H. 145. Joint resolution honoring Charles and Evelyn Monroe, Poultney’s Green Up Day volunteer heroes.

In the passage of which the concurrence of the Senate is requested.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 119. An act to amend and clarify certain provisions of the Uniform Commercial Code.

And has concurred therein.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 198. An act relating to apprenticeship training.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such committee on the part of the House

Rep. Colvin of Bennington

Rep. Dostis of Waterbury

Rep. Young of Orwell

The House has considered Senate proposal of amendment to House bill of the following title:

H. 229. An act relating to the underground utility damage prevention system

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such committee on the part of the House

Rep. Colvin of Bennington

Rep. Follett of Springfield

Rep. Rosenquist of Georgia

The House has considered a bill originating in the Senate of the following title:

S. 9. An act relating to unlawfully sheltering and aiding a runaway child.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered a bill originating in the Senate of the following title:

S. 30. An act relating to sales tax exemption for mobility devices.

And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered a bill originating in the Senate of the following title:

S. 64. An act relating to applicants for motor vehicle colored light permits; registration of snowmobiles, all-terrain vehicles and motorboats; and certificates of title.

And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered Senate proposal of amendment to House proposal of amendment to a bill originating in the Senate of the following title:

S. 200. An act relating to the provision of money services and funded settlements at real estate closings.

And has concurred therein.

The Governor has informed the House of Representatives that on the twenty-fifth day of May, 2001, he approved and signed bills originating in the House of the following titles:

H. 314. An act to ensure that every union school board follows the proportional representation principle.

H. 464. An act relating to the Historic Preservation Officer.

H. 503. An act relating to the legislative apportionment.

Senate resolution of the following title was offered, read the first time and is as follows:

By Senator Chard,

S.R. 12. Senate resolution honoring John C. Hoy for his work on behalf of higher education.

Whereas, institutions of higher education are academic and economic catalysts of our society, and

Whereas, the New England region is internationally acclaimed as the home of many outstanding institutions of higher education, and

Whereas, John C. Hoy began his journey through the fields of academe as a student at Wesleyan College, and

Whereas, after completing bachelor’s and master’s degrees, he served his alma mater in several administrative posts, and

Whereas, after subsequently spending nearly a decade as vice chancellor for university and student affairs at the University of California at Irvine, John Hoy longed to return to the Atlantic seaboard, and

Whereas, in 1978, he made a pivotal career move and accepted the presidency of the congressionally established New England Board of Higher Education (NEBHE), an organization that develops collaborative endeavors among the region’s more than 250 public and private institutions of higher education and the six New England state governments, which are mutually beneficial, and

Whereas, during the course of his tenure, the longest in the organization’s history, John Hoy truly fulfilled the board’s mission, and

Whereas, among his earliest initiatives was the establishment of a Commission on Higher Education and the Economy of New England, and

Whereas, among his other important accomplishments were the development of a New England-South African Student Scholarship Program, which funded black students attending "open universities" in South Africa during the waning years of apartheid; the empanelling of the Commission on Academic Medical Centers and the Economy of New England; and the formation of a New England Technical Education Partnership, which focused on improving the region’s two-year college programs and support for emerging industries, and

Whereas, after 23 years, John Hoy is concluding his energetic and inspirational leadership of NEBHE, now therefore be it

Resolved by the Senate:

That the Senate of the State of Vermont is pleased to honor John C. Hoy for his outstanding tenure as president of the New England Board of Higher Education and wishes him an enjoyable and fulfilling retirement, and be it further

Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to John C. Hoy at the New England Board of Higher Education in Boston.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the resolution was placed on the Calendar for action tomorrow.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senator Greenwood,

J.R.S. 78. Joint resolution congratulating Jenny Boquet on being named Miss Achievement Ambassador 2000.

Whereas, there are many types of competitions for young women in which titles are awarded, such as Miss America or Miss U.S.A., and

Whereas, these competitions or pageants traditionally focus primarily on a competitor’s appearance and attractiveness, and

Whereas, the Miss Achievement Ambassador competition, which Jenny Boquet of Hinesburg won in the year 2000, is unique among contests that confer titles to young women, and

Whereas, in this contest, she did not parade in a swimsuit or gown before television cameras, but, rather, made documented personal appearances at parades and other civic and charitable functions, and

Whereas, in order to meet the preliminary threshold for the Miss Achievement Ambassador crown, Jenny first needed to win one of the state, regional or national titles sponsored by Coronation, Inc. which developed the Achievement Ambassador program, and

Whereas, she met this preliminary requirement by winning the Miss Northeastern U.S. Achievement 2000 title, and

Whereas, earning the first title motivated Jenny to compete internationally for the title of Miss Achievement Ambassador 2000, and

Whereas, the enthusiasm which she demonstrated in developing a public appearance portfolio made her an ideal choice for this special honor, and

Whereas, Jenny Boquet’s designation as Miss Achievement Ambassador 2000 was well deserved and recognized the skillful and professional manner she employed in developing her portfolio, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to congratulate Jenny Boquet of Hinesburg on winning the Miss Achievement Ambassador 2000 award, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Jenny Boquet in Hinesburg.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution Joint resolution commemorating Vermont’s 20th anniversary as a captive insurance domicile.

Whereas, in 1981, the General Assembly recognized the potential benefits to Vermont of encouraging captive insurance companies to establish legal domiciles in the state, and

Whereas, to meet this goal, the General Assembly enacted Act No. 28 of 1981, "An Act relating to captive, associated and affiliated insurance companies" which was signed into law by Governor Richard Snelling on April 17, 1981, and

Whereas, the state’s, legislators, regulators, and professionals continue to work cooperatively in order to adequately understand, regulate and support the needs of the captive insurance industry, and

Whereas, the captive insurance industry has developed into an integral part of our state’s economy as evidenced by Vermont’s status as the nation’s largest, and the world’s third largest, captive insurance domicile, and

Whereas, the department of banking, insurance, securities, and health care administration will soon license Vermont’s 500th captive insurance company, and

Whereas, the Vermont Captive Insurance Association is one of the captive insurance industry’s major trade organizations, and annually hosts the world’s largest captive conference each August, and

Whereas, 2001 marks the 20th anniversary of the enactment of Act No. 28 which established Vermont as the leading captive insurance domicile in the United States, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the captive insurance industry on this special occasion, and takes note of the industry’s many achievements over the last 20 years, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont Captive Insurance Association.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution in memory of former Representative Thomas A. Neiman of Georgia.

Whereas, Thomas A. Neiman was a dedicated public servant in both military and civilian life, and

Whereas, after attending St. Michael's College, he entered the U. S. Air Force and gallantly flew tanker refueling planes in Vietnam, a tricky piloting responsibility in the best of circumstances, and an even more dangerous assignment in a war zone, and

Whereas, upon successfully completing his military service, Thomas A. Neiman returned to the Green Mountain State and settled with his wife in the Franklin County community of Georgia, and

Whereas, he then commenced a decade-long tenure as a water fluoridation officer at the Vermont Department of Health, and

Whereas, fascinated by the intricacies and technicalities of mechanical processes, Thomas A. Neiman qualified as a patent agent authorized to represent inventors seeking patents from the U. S. Patent Office, and

Whereas, while guiding inventors through the patent process, he developed an interest in community affairs, and he served for a decade on the Franklin County Regional Planning Commission, and

Whereas, Thomas A. Neiman was equally attentive to local and state level issues, winning two consecutive terms on the Georgia Selectboard and, ultimately, a seat in the Vermont House of Representatives, and

Whereas, he quickly earned the reputation as a conscientious and attentive legislator, and

Whereas, the members of the General Assembly, and the citizens of Georgia, were saddened to learn of his unexpected death, and

Whereas, Thomas A. Neiman will be missed by his legislative colleagues, family, and many friends, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its profound sympathy to his wife Dina Neiman and his two children Lara and Joshua, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Dina Neiman in Georgia.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution honoring Charles and Evelyn Monroe, Poultney’s Green Up Day volunteer heroes.

Whereas, Vermonters take great pride in the beauty of our state, and

Whereas, maintaining pristine roadways requires constant vigilance and the special annual statewide volunteer effort on the first Saturday in May that is known as Green Up Day, and

Whereas, in many communities across Vermont, there exist dedicated volunteers who are truly the catalyst for Green Up Day’s three decades of success, and

Whereas, if there were a Green Up Day Hall of Fame, Charlie and Evelyn Monroe would be among the initial inductees, and

Whereas, their annual Green Up adventure extends for an entire week and not just a single morning, and

Whereas, Evelyn Monroe’s Green Up territory has consisted of Hampshire Hollow Road, while Charlie has concentrated on Route 140 from the Middletown Springs’ municipal line to East Poultney, and

Whereas, the Monroes have made an invaluable contribution to the beauty of Vermont, and

Whereas, the Monroes, who both have attained the wisdom of being 80 years young, are retiring from their farm machinery business, and will very possibly be concluding their 28 years of Green Up volunteer activity, and

Whereas, their prolonged dedication to cleansing the state’s byways deserves laudatory acclaim, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly expresses its sincere appreciation to Charlie and Evelyn Monroe for 28 outstanding years of community service as Green Up volunteers, and wishes them every happiness in the years ahead, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Charlie and Evelyn Monroe in Poultney.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

House bill entitled:

An act to stimulate the development of affordable housing.

Was taken up.

Thereupon, pending third reading of the bill, Senator Munt, on behalf of the Committee on Finance, moved that the Senate propose to the House to amend the bill by adding a new section to be numbered Sec. 7 to read as follows:

Sec. 7. 32 V.S.A. § 5930u(g) is amended to read:

(g) In any calendar year the state board shall not award a total amount of tax credits to all applicants under this subchapter in excess of *[$100,000.00 ]*$150,000.00.

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and House bill entitled:

An act relating to the commission on higher education funding and the higher education endowment trust fund.

Was taken up for immediate consideration.

Senator Maynard, for the Committee on Education, to which the bill was referred reported that the bill ought to pass in concurrence.

Senator Cummings, for the Committee on Finance, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows:

First: In Sec. 1, in subsections (c) and (d) of § 2885 of 16 V.S.A., after the words "at the end of each quarter for the most recent 12 quarters" each time they appear, by inserting the following: , or all quarters of operation, whichever is less

Second: By striking out Sec. 3 in its entirety.

Third: In Sec. 6(a) by striking out the number "3" and inserting in lieu thereof the number 2

Fourth: By renumbering the current Sec. 6 as Sec. 7, and adding a new section to be numbered Sec. 6 to read as follows:

Sec. 6. 16 V.S.A. § 2823(f) is added to read:

(f) The corporation is authorized to borrow money and issue its debt obligations to further the governmental and public purposes set forth in this chapter, including the purchase, construction, renovation, reconstruction, rehabilitation, improvement, furnishing and equipping of office or other business space to be owned or leased by the corporation for use by the corporation to further the governmental and public purposes set forth in this chapter. Notwithstanding section 2868(i) of this chapter, notes, bonds or other obligations issued under this section may be direct and general obligations of the corporation and may be otherwise secured as the corporation shall determine, including by a mortgage. Such obligations shall not be deemed to constitute a debt or liability or obligation of the state of Vermont or of any political subdivision of it, nor shall they be deemed to constitute a pledge of the faith and credit of the state or of any political subdivision thereof. Each obligation issued by the corporation under this section shall contain on its face a statement to the effect that neither the faith and credit nor the taxing power of the state of Vermont or any political subdivision of it is pledged to the payment of the principal or the interest on these obligations.

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment of the Committee on Finance were collectively agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Pending entry on the Calendar for action tomorrow, on motion of Senator Mazza, the rules were suspended and House bill entitled:

An act relating to roadside dog sales.

Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Kittell, on behalf of the Committee on Agriculture, moved that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 366 is amended to read:

§ 366. PROHIBITED USE OF ANIMALS

(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.

(b) No live fowl, turtles or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.

(c) A person who violates subsection (a) or (b) of this section shall be subject to a *[fine]* civil administrative penalty of not more than $250.00, which may be assessed through the issuance of a civil ticket by an enforcement officer as defined in subdivision 4(11) of Title 23.

Sec. 2. 4 V.S.A. § 1102(b)(11) is added to read:

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as recommended by Senator Kittell on behalf of the Committee on Agriculture?, on motion of Senator Sears the bill was committed to the Committee on Judiciary.

Pending entry on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and House bill entitled:

An act relating to eliminating mandatory retirement for sheriffs.

Was taken up for immediate consideration.

Senator Morrissey, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 3 V.S.A. § 455(9) is amended to read:

(9) "Employee" shall mean (A) any regular officer or employee of the Vermont historical society or in a department other than a person included under (B) of this subdivision, who is employed for not less than 40 calendar weeks in a year, and (B) any regular officer or employee of the department of public safety assigned to police and law enforcement duties, including the commissioner of public safety appointed before July 1, 2000; but, irrespective of the member’s classification, shall not include any member of the general assembly as such, any person who is covered by the Vermont teachers’ retirement system, any person engaged under retainer or special agreement or C beneficiary employed by the department of public safety for not more than 208 hours per year, or any person whose principal source of income is other than state employment. In all cases of doubt, the retirement board shall determine whether any person is an employee as defined in this subchapter. Also included under (B) of this subdivision are employees of the department of liquor control who exercise law enforcement powers, employees of the department of fish and wildlife assigned to law enforcement duties, and motor vehicle inspectors *[including the commissioner of motor vehicles, sheriffs]*, full-time deputy sheriffs employed by the state of Vermont, investigators employed by the office of the attorney general, department of state’s attorneys *[and]* or office of the secretary of state, who are law enforcement officers as defined in subdivision 2358(c)(1) of Title 20, who have attained full-time certification from the Vermont criminal justice training council, and who are required to perform law enforcement duties as the primary function of their employment, and full-time firefighters employed by the state of Vermont, who are first included in membership of the system on or after July 1, 2000.

Sec. 2. 3 V.S.A. § 459(a)(2) is amended to read:

(2) Group C members. Any group C member who is an officer or employee of the department of public safety assigned to police and law enforcement duties, including the commissioner of public safety appointed before July 1, 2000, and who has reached his or her normal retirement date may retire on a normal retirement allowance, on the first day of any month after he or she may have separated from service, by filing an application in the manner outlined in subdivision (3) of this subsection. Any group C member in service shall be retired on a normal retirement allowance on the first day of the calendar month next following *[his]* attainment of age *[fifty-five]* 55. Notwithstanding, it is provided that any such member who is an official appointed for a term of years may remain in service until the end of his or her term of office or any extension thereto, resulting from reappointment.

Sec. 3. LEGISLATIVE STUDY COMMITTEE ON ELIGIBILITY CRITERIA FOR PLANS OF THE VERMONT STATE RETIREMENT SYSTEM

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Bloomer, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

On motion of Senator Mazza, the rules were suspended and the following bills were ordered messaged to the House forthwith:

Pending entry on the Calendar for notice, on motion of Senator Doyle, the rules were suspended and House bill entitled:

An act relating to compensation for certain state employees.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Government Operations, Senator Doyle moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Appropriations with the report of the Committee on Government Operations intact,

Which was agreed to.

Pending entry on the Calendar for notice, on motion of Senator Sears, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to unlawfully sheltering and aiding a runaway child.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 2406 is amended to read:

§ 2406. UNLAWFUL RESTRAINT IN THE SECOND DEGREE

(a) A person commits the crime of unlawful restraint in the second degree if the person:

(1) not being a relative of, and being at least 18 years of age and at least two years older than a person under the age of *[16 ]*18, knowingly takes, entices, or harbors that person, without the consent of the person’s custody, knowingly that he or she has no right to do so, or

(2) knowingly takes or entices from lawful custody or harbors any mentally incompetent person, or other person entrusted by authority of law to the custody of another person or an institution, without the consent of the person or institution, knowing that he or she has no right to do so; or

(3) knowingly restrains another person; or

(4) knowingly takes, entices or harbors a child who has run away from home, with the intent of committing a criminal act involving the child or with the intent of enticing or forcing the child to commit a criminal act.

(b) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the person from imminent physical *[danger]* or emotional harm.

(c) Unlawful restraint in the second degree is punishable by imprisonment for not more than five years or a fine of not more than $25,000.00, or both.

Sec. 1a. 13 V.S.A. § 2404 is amended to read:

§ 2404. DEFINITIONS

As used in this chapter:

* * *

(3) "Restrain" means to restrict substantially the movement of another person without the person's consent or other lawful authority by

(A) removing the restrained person from the person's residence or place of business, or from a hospital or school; or

(B) moving the restrained person a substantial distance from the place where the restriction on the person's movement commenced; or

(C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.

(4) A restraint is "without consent" of the restrained person if it is accomplished

(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or

(B) by force, threat or deception.

Sec. 2. 33 V.S.A. § 5511 is amended to read:

§ 5511. RELEASE, SHELTER OR DELIVERY TO COURT

(a) The person taking a child alleged to be a delinquent child or a child in need of care or supervision into custody shall immediately and without first taking the child elsewhere:

(1) Release the child to his or her parents, guardian or custodian; or

(2) Deliver the child to the juvenile court or to a location designated by the commissioner of social and rehabilitation services and immediately file written notice thereof with the court, together with a statement of the reason for taking the child into custody*[; or]*.

(3)]*(b) In the event that a law enforcement officer has reasonable grounds to believe that a minor child has run away from his or her parents, guardian or legal custodian, the law enforcement officer may take and deliver the child to any organization designated by the commissioner of social and rehabilitation services as qualified to assist children who have run away for the purpose of reuniting them with their parents, guardian or legal custodian.

Sec. 3. 13 V.S.A. § 2802 is amended to read:

§ 2802. DISSEMINATING INDECENT MATERIAL TO *[MINORS]* A MINOR IN THE PRESENCE OF A MINOR

* * *

(b) No person may, with knowledge of the character and content of a motion picture, show or other presentation, including any such motion picture, show or presentation which is communicated, transmitted, or stored electronically, which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors:

(1) Exhibit such a motion picture, show or other presentation to a minor; or

(2) Sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation; or

(3) Admit a minor to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation.

Sec. 4. 13 V.S.A. § 2802a is added to read:

§ 2802a. DISSEMINATING INDECENT MATERIAL TO A MINOR OUTSIDE THE PRESENCE OF A MINOR

Sec. 5. 13 V.S.A. § 2805 is amended to read:

§ 2805. PRESUMPTION AND DEFENSE

(a) A person who engages in conduct prohibited by sections 2802, 2802a, 2803, 2804, 2804a, or 2804b is presumed to do so with knowledge of the character and content of the material, or the motion picture, show or presentation exhibited or to be exhibited.

* * *

Sec. 6. 13 V.S.A. § 2807 is amended to read:

§ 2807. PENALTY

A person who violates any provision of section 2802, 2802a, 2803, 2804, 2804a or 2804b shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Sears, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

An act relating to the regulation of insurance companies.

Was taken up. Pursuant to the request of the House, the President pro tempore announced the appointment of

Senator Crowley

Senator Munt

Senator Rivers

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

An act relating to apprenticeship training.

Was taken up. Pursuant to the request of the House, the President pro tempore announced the appointment of

Senator Munt

Senator Greenwood

Senator Chard

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

An act relating to act 250 appeals on the record and other technical matters.

Was taken up. Pursuant to the request of the House, the President pro tempore announced the appointment of

Senator McCormack

Senator Snelling

Senator Leddy

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

An act relating to executive branch fees.

Was taken up. Pursuant to the request of the House, the President pro tempore announced the appointment of

Senator Crowley

Senator Rivers

Senator Cummings

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

On motion of Senator Mazza, the Senate adjourned until ten o’clock in the morning.