Journal of the Senate

Wednesday, January 30, 2002

The Senate was called to order by the President.

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

Message from the House No. 12

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

H. 112. An act relating to financial institutions.

And has concurred therein.

The House has adopted a Joint Resolution of the following title:

J.R.H. 189. Joint resolution congratulating the Dari-Joy Restaurant of Bellows Falls on its Golden Anniversary.

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

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

J.R.S. 90. Joint resolution strongly urging that every Vermont public school provide the opportunity for all students to recite the pledge of allegiance to the American flag at the beginning of each day.

And has adopted the same in concurrence with proposal of amendment 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. 95. Joint resolution providing for Joint Assembly for the election of two legislative Trustees of the Vermont State Colleges Corporation.

J.R.S. 96. Joint resolution relating to establishing a procedure for the conduct of elections by plurality vote by the General Assembly.

And has adopted the same in concurrence.

Message from the House No. 13

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 Joint Resolutions originating in the Senate of the following titles:

J.R.S. 98. Joint resolution congratulating Brent C. Lederer of Arlington Boy Scout Troop #334 upon attainment of the rank of Eagle Scout.

J.R.S. 101. Joint resolution urging the United States Congress to actively facilitate sufficient famine relief to the people of Afghanistan.

And has adopted the same in concurrence.

Senate bill of the following title was introduced, read the first time and referred:

By Senators Sears, Chard and Shumlin,

An act relating to sympathomimetic medications for students.

To the Committee on Health and Welfare.

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

By Senators Sears, Ankeney, Bahre, Bartlett, Bloomer, Campbell, Canns, Chard, Condos, Corrow, Costes, Crowley, Cummings, Doyle, Gossens, Greenwood, Ide, Illuzzi, Kittell, Leddy, Lyons, Maynard, Mazza, McCormack, Morrissey, Munt, Scott, Shumlin, Snelling and Welch,

S.R. 15. Senate resolution relating to designating January 31, 2002, as teen advocacy day.

Whereas, youth, ages 12-17, comprise 38 percent of Vermont’s child population, and

Whereas, a significant number of issues directly impact youth, and

Whereas, youth are a vital resource to their families, schools and communities, and

Whereas, research shows that youth succeed when they are connected to their communities and valued by adults around them, and

Whereas, community participation promotes youth’s healthy development by giving them the chance to develop a sense of belonging, and further acquire and practice decision-making, interpersonal and leadership skills, and

Whereas, youth become key stakeholders in their communities when they are given a voice and meaningful opportunities to contribute positively to their own growth and that of their communities, and

Whereas, the Vermont Children’s Forum, the Vermont Coalition of Runaway and Homeless Youth Programs and the Vermont Coalition of Teen Centers work with youth and communities to elevate the awareness and understanding of youth issues, and

Whereas, the General Assembly has the unique opportunity to send a message to youth in Vermont that they are valued, now therefore be it

Resolved by the Senate:

That the Senate recognizes the distinct position, valuable perspective and unique challenges faced by Vermont’s youth, and designates January 31, 2002, as Teen Advocacy Day, and be it further

Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to the Vermont Children’s Forum, the Vermont Coalition of Runaway and Homeless Youth Programs and the Vermont Coalition of Teen Centers.

Thereupon, in the discretion of the President, 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 Senators Ide, Bartlett, Bloomer, Condos, Costes, Gossens, Greenwood, Leddy, Maynard, Mazza, Scott, Shumlin, Snelling, and Welch,

J.R.S. 102. Joint resolution honoring the Catamount Trail Association for developing, administering, maintaining and conserving the Catamount cross-country skiing trail.

Whereas, Vermont is well known for long, snowy winters, during which its people have traditionally enjoyed winter sports and recreation of all kinds, including cross-country skiing, and

Whereas, the Catamount Trail is North America's longest cross-country ski trail, running 300 miles, the length of Vermont from Massachusetts to Canada, and

Whereas, the Catamount Trail Association is dedicated to developing, administering, maintaining and conserving the Catamount Trail for the purpose of promoting a cross-country ski trail the length of Vermont, and for the contribution that winter recreation makes to the health and well-being of Vermonters of all ages, and

Whereas, the Catamount Trail Association is a member-supported, nonprofit organization founded in 1984 and incorporated under the laws of the State of Vermont, and

Whereas, the mission of the Catamount Trail Association is to enhance the physical and mental well-being of the public, and to provide a means for greater understanding and appreciation of Vermont's winter environment, and

Whereas, the state of Vermont seeks to foster the creation of public outdoor recreational opportunities, and to promote economic development of the state through tourism and winter recreation, and

Whereas, along its way, the Catamount Trail connects many of the state's finest cross-country ski centers and country inns, and encourages tourism in the state, now therefore be it

That the Catamount Trail Association continue to develop, administer, maintain and conserve the Catamount Trail for the purpose of promoting cross-country skiing, and for the contribution that winter recreation makes to the health and well-being of Vermonters of all ages, and be it further

Resolved: That the General Assembly applauds the outstanding work of the Catamount Trail Association, and be it further

Resolved: That the Catamount Trail Association be requested to conduct continuing efforts to conserve the Catamount Trail and report to the General Assembly from time to time regarding such action as it deems may be required to ensure the preservation, maintenance and proper use of the Catamount Trail for the benefit of the people of Vermont, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the chair of the Catamount Trail Association’s board of directors in Burlington.

Thereupon, in the discretion of the President, 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 Illuzzi, Doyle and Maynard

J.R.S. 103. Joint resolution relating to Woodstock Regional Correctional Facility.

Whereas, the joint fiscal committee at its November 15, 2001, meeting voted to adopt the fiscal year 2002 expenditure reduction plan submitted by the secretary of administration, pursuant to 32 V.S.A. § 704 ("rescission plan #2"), which included closure of the Woodstock Regional Correctional Facility by March 15, 2002, and

Whereas, closure of the Woodstock Regional Correctional Facility will not result in savings for the taxpayer, but will instead shift costs to the municipalities and the county sheriffs’ departments, and

Whereas, closure of the Woodstock Regional Correctional Facility will require the release of currently incarcerated individuals into the community, potentially causing a public safety crisis as already overburdened correctional officers are asked to supervise additional offenders, and

Whereas, it is crucial that the state maintain sufficient bed space in different regions of the state to ensure that offenders know there will be adverse and swift consequences for their errant behavior, and that they may be lodged in a correctional facility for violation of any condition of furlough, probation, or parole, or other sentence which is served in whole or in part in the community, and

Whereas, closure of the Woodstock Regional Correctional Facility will place additional burdens on the already inadequate supply of affordable housing available throughout the state, and

Whereas, prior to the joint fiscal committee’s actions on November 15, 2001, it had been generally understood among members of the general assembly and the public that the process of closing the Woodstock Regional Correctional Facility would be coordinated with the opening of the Southern Vermont Correctional Facility in Springfield, and

Whereas, the Senate is considering a bill proposed by its Committee on Institutions regarding closure of the Woodstock Regional Correctional Facility, and the House of Representatives will soon debate the issue in connection with the proposed budget adjustment act, and

Whereas, many members of the general assembly and the public desire to see a revised corrections budget, designed to meet the financial limits imposed on the department by rescission plan #2 that does not include a reduction in the bed capacity or staffing levels as they existed on January 1, 2002, at any state-operated correctional facility, now therefore be it

That the General Assembly urges the Governor and the Secretary of the Agency of Human Services to continue to operate the Woodstock Regional Correctional Facility at the bed capacity and staffing levels as they existed on January 1, 2002, until either the General Assembly is able to resolve this issue or July 1, 2002, whichever is earlier, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Governor and the Secretary of the Agency of Human Services.

Thereupon, the President, in his discretion, treated the joint resolution as a bill and referred it to the Committee on Institutions.

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

Joint resolution congratulating the Dari-Joy Restaurant of Bellows Falls on its golden anniversary.

Whereas, family-owned dining establishments were once a common sight in Vermont, and

Whereas, despite the invasion of chain food establishments, one of the truly enduring family eateries in Windham County is the Dari-Joy of Bellows Falls, and

Whereas, in 1952, interested in starting his own business, Josef DeMuzio constructed a small ice cream stand on a vacant lot adjacent to his home, and he named his creation Dari-Joy, and

Whereas, on opening day in 1952, the Dari-Joy offered hungry patrons the then-new delight, soft-serve vanilla ice cream, flowing out of a single ice cream machine, and the old favorite hot dogs, and

Whereas, from this modest beginning, the Dari-Joy has greatly expanded its clientele and menu, and

Whereas, as the crowds flocking to this popular culinary emporium increased, Josef DeMuzio realized that his physical facility was inadequate to serve his admiring patrons, and

Whereas, in the 1960s, he added a dining room to the original stand, and

Whereas, as the years passed, the Dari-Joy developed into a true family enterprise whose workforce includes Josef’s wife, son Richard, his daughters, and now a third generation in his grandson Philip, and

Whereas, unlike the limited offerings of 1952, the Dari-Joy now boasts a menu of 16 soft-serve ice cream flavors, sprouting forth from six serving machines, 21 hard ice cream choices, nonfat yogurt, sugar-free ice cream, and a wide selection of fast food items, and

Whereas, when the Big Joy Boy, the famous mascot who has sat atop the Dari-joy since the 1960s, reappears from winter hibernation, in the spring of 2002, Dari-Joy, and the three still enthusiastic generations of the DeMuzio family, will joyfully celebrate their restaurant’s golden anniversary, and

Whereas, resident and visiting ice cream aficionados alike in Bellows Falls are fortunate to have this wonderful retail establishment to satisfy their quest for a yummy summer treat, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is delighted to congratulate the DeMuzio family on the golden anniversary of the Dari-Joy Restaurant, a very delectable family enterprise, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Josef and Richard DeMuzio.

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

Pending entry on the Calendar for notice, on motion of Senator Sears, the rules were suspended, and particularly Senate Rule 50, and Senate bill entitled:

An act relating to sympathomimetic medications for students.

Was taken up for immediate consideration.

Thereupon, Senator Sears, on behalf of all of the sponsors of the bill, requested leave of the Senate to withdraw the bill. Without objection the bill was ordered withdrawn.

Senator Greenwood, for the Committee on General Affairs and Housing, to which was referred Senate bill entitled:

An act relating to transfer of a contract liquor agency.

Reported that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43. Pending the question, Shall the bill be read the third time?, Senator Greenwood, on behalf of the Committee on General Affairs and Housing, moved to amend the bill in Sec. 1, line 18, by striking out the second sentence in its entirety and inserting in lieu thereof the following: The department shall investigate and evaluate the buyer and the other applicants using the same standards.

Which was agreed to.

Thereupon, third reading of the bill as ordered.

Senate bills of the following titles were read the third time and passed:

An act relating to the unified health care budget, continuation of group health insurance coverage, and coverage of persons under the influence of alcohol or drugs.

An act relating to mental health insurance coverage.

House bill of the following title was read the third time and passed in concurrence:

An act relating to auxiliary members of clubs.

Senate bill entitled:

An act relating to allowing pedestrian recreational activities on the state-owned parcel of the so-called Champion lands and requiring legislative approval of any management plan concerning those lands.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until Friday, February 1, 2002.

Pursuant to the provisions of Senate Resolution 4 and temporary rule 24.1, the President, on behalf of the Committee on Committees, announced the appointment of the following Senators to serve on the Committee on Reappointment for this biennium:

Senator Sears

Senator Doyle

Senator Bloomer

Senator Condos

Senator Kittell

Senator Illuzzi

Senator Campbell

Pursuant to the provisions of 2 V.S.A. §501, the President, on behalf of the Committee on Committees, announced the appointment of the following Senator to serve on the Joint Fiscal Committee for the unexpired term ending February 1, 2003, to fill the vacancy created by the resignation of Senator Rivers and the ex officio appointment of Senator Shumlin (as chair of the Committee on Finance):

Senator Cummings

An act relating to professional regulation.

Was taken up. Pursuant to the request of the Senate, the President announced the appointment of

Senator Condos

Senator Bartlett

Senator Doyle

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

Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Shumlin, the following Gubernatorial appointment was confirmed by the Senate, without report given by the Committee on Natural Resources and Energy, to which it was referred and without debate:

The nomination of

of Bristol, as a Member of the Solid Waste and Air Quality Variance Board, for a term from and including Mary 18, 2001, to and including June 30, 2005, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The following Gubernatorial appointment was confirmed by the Senate, upon full report given by the Committee on Finance, to which it was referred:

The nomination of

of Shelburne, as a Member of the Public Service Board, for a term from and including March 1, 2001, to and including February 28, 2007, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

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