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Journal of the Senate

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Thursday, January 10, 2002

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend David Hall of Montpelier.

Message from the House No. 3

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

Mr. President:

I am directed to inform the Senate the House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on a Joint Senate Resolution of the following title:

J.R.S. 9. Joint resolution in opposition to the desecration of the United States Flag.

And has adopted the same on its part.

The House has adopted Joint Resolutions of the following titles:

J.R.H. 166. Joint resolution congratulating Tara Chaplin on winning the 2001 NCAA Division I cross country national championship.

J.R.H. 167. Joint resolution congratulating the 2001 Mt. Abraham Union High School Eagles Division II championship baseball team.

J.R.H. 168. Joint resolution congratulating the Bellows Falls Woman’s Club on the occasion of the Club’s centennial anniversary.

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

The House has considered Joint Resolutions originating in the Senate of the following titles:

J.R.S. 83. Joint resolution to provide for a Joint Assembly to hear the budget message of the Governor.

J.R.S. 84. Joint resolution relating to town meeting adjournment.

And has adopted the same in concurrence.

Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

S. 229.

By Senators Campbell and Bloomer,

An act relating to installation of an object in lieu of an air bag.

To the Committee on Judiciary.

S. 230.

By Senator Bloomer,

An act relating to predatory lending.

To the Committee on Finance.

S. 231.

By Senator Bloomer,

An act relating to prescription drug counter-detailing.

To the Committee on Health and Welfare.

S. 232.

By Senator Crowley,

An act relating to conveyances of real estate.

To the Committee on Judiciary.

S. 233.

By Senators Corrow, Ankeney, Costes and Greenwood,

An act relating to motor vehicle insurance premium discounts for senior citizens.

To the Committee on Finance.

S. 234.

By Senator Illuzzi,

An act relating to buildings and general services.

To the Committee on Institutions.

S. 235.

By Senator Chard (by request),

An act relating to expanding the scope of the redeemable beverage container law.

To the Committee on Natural Resources and Energy.

Joint Resolution Placed on Calendar

J.R.S. 91.

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

By Senator Costes,

J.R.S. 91. Joint resolution honoring Peter Hawksworth of Enosburg for his pioneering work as an Agri-Artist.

Whereas, Agri-Art is a unique artistic form, combining the special visual allure of historic agricultural implements and design creativity, and

Whereas, Peter Hawksworth, a self-taught sculptor, pioneered this unusual artistic medium when he noticed the remnants of a late-19th-century manure device on the ashes of a bonfire, and

Whereas, he immediately recognized the unique artistic potential of historic farming tools, and

Whereas, although Peter Hawksworth was not an experienced sculptor, he was closely following in the footsteps of the cubist and abstract art movements in which sculptors, such as Pablo Gargallo and Marcel Duchamp, employed iron as a primary medium for their works, and

Whereas, he has incorporated antique seeders, harrows and manure spreaders into his sculptured creations, and

Whereas, the process of creating one of Peter Hawksworth’s sculptures entails dismantling the original tool and reconfiguring the pieces in a new and dynamically-expressive format, and

Whereas, once the layout work is finished, he calls upon Larry Chalifoux, an Enosburg welder, to assemble the pieces according to the sculptor’s specific instructions, and

Whereas, a World War II veteran of the British Merchant Marines, and later a successful real estate entrepreneur, Hawksworth sees his artwork as a medium to promote Franklin County’s, and all of Vermont’s, proud agricultural heritage, and

Whereas, plans are in development, under the auspices of the All Arts Council, to display Hawksworth’s creations, either permanently in a Franklin County park, or as part of a traveling art exhibit rotating among park sites statewide, and

Whereas, the Hawksworth family is artistically inclined, as Peter’s son Tony Hawks is a prominent British writer and actor, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly commends Peter Hawksworth for his ingenuity and creativity in promoting our state’s agricultural heritage through sculpture, and be it further

Resolved: That the Secretary of State be directed to send copies of this resolution to Peter Hawksworth and Larry Chalifoux in Enosburg and Tony Hawks in London, England.

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

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

By Senator Shumlin,

J.R.S. 92. Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, January 11, 2002, it be to meet again no later than Tuesday, January 15, 2002, at ten o’clock in the forenoon.

Joint Resolutions Placed on Calendar

J.R.H. 162.

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

Joint resolution in memory of Abenaki Chief Homer St. Francis.

Whereas, Homer St. Francis was a descendant of Abenaki Chief Graylocks, and

Whereas, he honorably served in the United States Navy, the Marine Corps and the Vermont National Guard, and

Whereas, after completion of his active duty military service, Homer St. Francis dedicated his life to the reawakening of the long-suppressed Abenaki culture and political structure, and served as chief until his passing, and

Whereas, his leadership was highlighted by two terms of service as Chief of the St. Francis-Sokoki Band of the Abenaki Nation of Missisquoi from 1974-1980 and from 1987-1996, and

Whereas, he was a passionate advocate on behalf of his band, and sought, albeit without success, to promote its identity through distinctive systems of automotive and fishing licensing, and

Whereas, while he did not achieve either federal or permanent state recognition for the Abenaki, Homer St. Francis empowered his tribe in a manner it had not experienced since the first Europeans settled in Vermont, and

Whereas, Homer St. Francis triggered an awareness of Abenaki history among the citizens of Vermont, and

Whereas, his death marks the passing of Vermont’s leading defender of Native American rights, and

Whereas, the respect that Homer St. Francis had engendered in many quarters was symbolized by the attendance at his funeral of leaders in state government and representatives from many Native American tribes in the northeastern United States, and

Whereas, Homer St. Francis will be remembered as a determined Abenaki leader who was never deterred from promoting the advancement of his people, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its sincere condolences to the family of former Abenaki Chief Homer St. Francis, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to his daughter, Chief April Rushlow in Swanton.

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

J.R.H. 166.

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

Joint resolution congratulating Tara Chaplin on winning the 2001 NCAA Division I cross country national championship.

Whereas, cross country racing requires speed, agility, concentration and, most importantly, a well-planned pace, and

Whereas, Tara Chaplin of Middlesex, when a student at U-32 High School in East Montpelier, proved she could draw on all of these skills as she became one of Vermont’s outstanding female interscholastic cross country runners, and

Whereas, in 1998, after graduating from U-32, she entered the University of Arizona which is a member of the PAC-10 athletic conference and has one of the top women’s intercollegiate running programs in the nation, and

Whereas, on this new, and far more challenging, competitive plateau, far from the rolling hills of East Montpelier, Tara quickly demonstrated that her running prowess stretched from coast to coast, and

Whereas, she finished 2nd in her very first college race and 12th in the 1998 PAC-10 Championship, and

Whereas, her accomplishments as a member of the Arizona Wildcats women’s cross-country team continued as her PAC-10 tournament performances improved to fifth-place ranking in 1999 and first place in 2000, and

Whereas, the capstone of her years as a Wildcat cross country runner occurred in the fall of 2001, her senior year, as she swept both the PAC-10 and West Regional tournaments, winning the latter despite battling the flu, and

Whereas, in recognition of her outstanding running performance, she was named West Regional Athlete of the Year, and

Whereas, all of these wonderful accomplishments were a mere prelude to her capturing the NCAA Division I individual cross country championship in a course record time of 20:24, and

Whereas, she completed the race an impressive 16 seconds faster than she had run the identical six kilometer distance in the Western Regional tournament, and

Whereas, her spectacular running feat will be recorded in Arizona’s athletic annals as only the second time a Wildcat has won the individual national title, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to congratulate Tara Chaplin on her winning the 2001 NCAA women’s cross country individual championship and for her admirable cross country achievements as an Arizona Wildcat, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Tara Chaplin in Middlesex.

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

J.R.H. 167.

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

Joint resolution congratulating the 2001 Mt. Abraham Union High School Eagles Division II championship baseball team.

Whereas, since winning a divisional championship in 1974, the Mt. Abraham Union High School baseball team had battled on the three-base diamond in a determined quest to once again bring home the championship crown, and

Whereas, the Eagles played outstanding baseball throughout the season and were seeded third in the divisional playoff, and

Whereas, during the post-season tournament, they continued their slugfest toward the Division II championship which culminated in a final game showdown against their top-seeded rivals from Milton High School, and

Whereas, the Eagles, confronting a 5-4 fifth-inning deficit, took advantage of both the at-bat performances of starting pitcher Eric Wedge, who executed an essential suicide squeeze play, and reliever Tyler Pelland who slammed a triple into the outfield to surge forward to an ultimately insurmountable 9-5 lead, and

Whereas, the offensive power of Mt. Abraham was also boosted by Justin Butler’s triple, and

Whereas, Head Coach Jeff Stetson, who had played on the previous Eagle divisional championship baseball team in 1974, is truly proud of his entire squad, including Andy Barrett, Nick Castle, Bill Desorda, Noah Ketchledge, Dan Runcie, Justin Butler, Seth Davis, Jacob Forkas, Paul Fournier, Jason Griner, Eric Jewell, Tyler Pelland, Justin Tierney, Eric Wedge, Zach Laurie, and Sam Fox, and

Whereas, assistant coaches Bill Leggett and Dave Royce, along with Junior Varsity Coach Ray Beaver, offered invaluable support to Coach Stetson’s leadership, and

Whereas, bat boy Rob Stetson’s role in assisting the Eagles throughout the year must not be overlooked, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the 2001 Mt. Abraham Eagles Union High School Division II championship baseball team on its stellar athletic performance, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Jeff Stetson at Mt. Abraham Union High School.

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

J.R.H. 168.

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

Joint resolution congratulating the Bellows Falls Woman’s Club on the occasion of the club’s centennial anniversary.

Whereas, in September 1901, a group of civically-minded women in the village of Bellows Falls and surrounding communities established the Bellows Falls Woman’s Club, and elected Mrs. Josephine H. Arms as the club’s first president, and

Whereas, the newly-organized club’s purposes were "to promote education, literacy and community service," and

Whereas, from its earliest days, the Bellows Falls Woman’s Club devoted special attention to community health care by establishing a Visiting Nurses’ program in 1904, and

Whereas, seeking to provide the community with a full range of health care services, the club embarked on an effort to construct a hospital, and

Whereas, funds derived from sales of the 1910 "How Club Women Cooked," a delectable compendium of members’ favorite recipes, helped spur construction of the original 14-bed Rockingham Memorial Hospital, and

Whereas, more recent health-related activities have included the establishment of the Amy Searles Scholarship, which is awarded to a local student who aspires to a career in health care, and the recent issuing of a commemorative edition of "How Club Women Cooked" to support the former Rockingham Memorial Hospital which now serves as a comprehensive outpatient medical center, and

Whereas, the club’s literary mission continues to be fulfilled through the organization’s purchase of large print and audio materials for the Bellows Falls Public Library, individual members’ donations of library books to local schools, and the annual "Literary Fair" luncheon, and

Whereas, a special project of the Bellows Falls Woman’s Club is supporting the New England Kurn Hattin Homes which provides children from troubled homes with a loving residential environment and a first-class education, and

Whereas, on September 23, 2001, the Bellows Falls Woman’s Club joyously celebrated a century of community service, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the Bellows Falls Woman’s Club on the occasion of its centennial anniversary, and wishes the club every success during its second century, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Mrs. Sally McPhee, the President of the Bellows Falls Woman’s Club.

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

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

J.R.S. 9.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on joint Senate resolution entitled:

Joint resolution in opposition to the desecration of the American Flag.

Was taken up for immediate consideration.

Senator Sears, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon joint Senate resolution entitled:

J.R.S. 9. Joint resolution in opposition to the desecration of the American Flag.

Respectfully reports that it has met and considered the same and recommends that the resolution be amended by striking out all after the title and substituting in lieu thereof the following:

Whereas, the flag of the United States is one of the greatest symbols of our nation, and

Whereas, this symbol represents the defining principles of our country, and

Whereas, Americans have placed their lives in harm’s way and, in hundreds of thousands of cases, have sacrificed their lives defending these principles, and

Whereas, their willingness to sacrifice their lives in defense of these cherished principles demonstrates one of the purest and most commendable forms of patriotism, and

Whereas, these patriots have focused on the flag as the ultimate symbol for which they and their families have sacrificed, and

Whereas, the flag serves important ceremonial functions at public gatherings, funerals, celebrations of patriotic holidays, parades and countless other gatherings, and

Whereas, respect for the flag and the various protocols attendant thereto (such as proper display, proper folding, saluting, et cetera) serves as an introduction, for many young Americans to the symbol of our nation, and

Whereas, we the American people, accord our flag a unique position of respect, love and admiration for the principles it represents, and recognize the importance of providing dignity and honor to this symbol, and

Whereas, these principles include the protection of individual freedoms enumerated in the First Amendment to the United States Constitution including free speech, free press, peaceable assembly, and petitions for the redress of grievances, now therefore be it

Resolved By The Senate And House Of Representatives:

That the General Assembly expresses its respect and admiration for our United States Flag, and be it further

Resolved: That the General Assembly expresses its condemnation of all acts of flag desecration, and similar displays of disrespect for the United States Flag, and be it further

Resolved: That the General Assembly urges the Congress of the United States to ensure that proper respect and treatment will always be afforded to the United States Flag, and that the Congress explore all avenues available, which may include a constitutional amendment, a statutory change and a public education program, to protect the United States Flag from physical desecration, and be it further

Resolved: That the Secretary of State transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate and all members of the Vermont Congressional Delegation.

JOHN F. CAMPBELL

RICHARD W. SEARS, JR.

JOHN H. BLOOMER, JR.

Committee on the part of the Senate

MARGARET K. FLORY

AVIS L. GERVAIS

HARVEY B. OTTERMAN, JR.

Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative on a roll call, Yeas 22, Nays 6.

Senator Morrissey having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Bahre, Bartlett, Bloomer, Campbell, Canns, Condos, Corrow, Costes, Crowley, Cummings, Doyle, Gossens, Greenwood, Ide, Illuzzi, Kittell, Maynard, Mazza, Morrissey, Scott, Sears, Shumlin.

Those Senators who voted in the negative were: Ankeney, Chard, Leddy, McCormack, Munt, Welch.

Those Senators absent and not voting were: Lyons, Snelling.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o’clock and forty-five minutes in the morning.