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Journal of the Senate

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WEDNESDAY, APRIL 21, 1999

The Senate was called to order by the President.

Devotional Exercises

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

Message from the House

Mr. President:

H. 97. An act relating to a graduated driver license program.

H. 446. An act relating to water commissioners.

H. 557. An act relating to an omnibus fish and wildlife act.

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

The House has adopted Joint Resolutions of the following titles:

J.R.H. 90. Joint resolution commending Barry M. Costello upon his selection as an Admiral in the United States Navy.

J.R.H. 91. Joint resolution urging Congress to reverse the United States Department of Agriculture's proposed revisions to the federal milk pricing system and requesting Congress to direct the department to adopt instead the Option 1A revisions to the pricing system.

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. 49 Joint resolution honoring the delegation of distinguished Honduran leaders that is visiting Vermont under the auspices of the Vermont-Honduras Partners of the Americas exchange program and the Vermont Rotary Clubs; and the extraordinary humanitarian response of these organizations to the devastation in Honduras that resulted from Hurricane Mitch.

And has adopted the same in concurrence.

Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 17. An act relating to motor vehicle dealers.

The Speaker has appointed as members of such Committee on the part of the House

Message from the House

Mr. President:

H. 290. An act relating to an endowment trust fund to provide financial aid to Vermont postsecondary students and institutions.

H. 302. An act relating to designating the state pie and the state fruit.

H. 549. An act relating to miscellaneous adjustments to the state, teachers and municipal retirement systems.

H. 555. An act relating to City of Barre charter.

H. 558. An act relating to allowing the use of snowmobiles on the Waterbury Reservoir.

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. 169. An act relating to farm employee housing.

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

Bills Referred

House bills of the following titles were severally read the first time and referred:

H. 97. An act relating to a graduated driver license program.

To the Committee on Transportation.

H. 290. An act relating to an endowment trust fund to provide financial aid to Vermont postsecondary students and institutions.

To the Committee on Education.

H. 302. An act relating to designating the state pie and the state fruit.

To the Committee on General Affairs and Housing.

H. 446. An act relating to water commissioners.

To the Committee on Government Operations.

H. 549. An act relating to miscellaneous adjustments to the state, teachers and municipal retirement systems.

To the Committee on Government Operations.

H. 555. An act relating to City of Barre charter.

To the Committee on Government Operations.

H. 557. An act relating to an omnibus fish and wildlife act.

To the Committee on Natural Resources and Energy.

H. 558. An act relating to allowing the use of snowmobiles on the Waterbury Reservoir.

To the Committee on Natural Resources and Energy.

Bill Referred to Committee on Appropriations

Senate bill of the following title, appearing on the Calendar for notice, and carrying an appropriation, under the rule, was referred to the Committee on Appropriations:

S. 184. An act relating to health care.

Joint Resolution Placed on Calendar

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

Whereas, Captain Barry M. Costello, U.S.N., a native of Rutland, Vermont, has been selected as an Admiral in the United States Navy, the finest navy in the world, and

Whereas, he is the fourth son of Bartley J. Costello and Catherine O. Costello of Rutland, Vermont, and

Whereas, he attended Mount St. Joseph Academy, graduated from Holy Cross College and was commissioned as an ensign through the NROTC Program in 1973, and

Whereas, his first assignment was as Communications Officer, Combat Information Center Officer and Navigator on the U.S.S. Brownson (DD 868), and

Whereas, after a tour at the Navy Recruiting District in Boston, he attended Albany Law School where he earned a juris doctorate degree in 1981 and was admitted to the New York State Bar, and

Whereas, he returned to the United States Navy Surface Line Community in 1981, graduated from Surface Weapons Operations (SWOS) Department Head School, and reported to the U.S.S. Whipple (FF 1062) as weapons officer, and

Whereas, this assignment was followed by additional sea tours as operations officer of Destroyer Squadron 5 and executive officer on the U.S.S. Harry W. Mill (DD 986), and

Whereas, he then attended the College of Naval Command and Staff where he was elected as honor graduate, graduated with distinction and earned a master of arts degree in foreign affairs, and

Whereas, Captain Costello was assigned as a joint planner in the Operational Plans and Interoperability Directorate (J-7), of the United States Joint Chiefs of Staff, and

Whereas, in recognition of his outstanding service, he was appointed as the commanding officer of the U.S.S. Elliott, where he participated in the United States operations in the Middle East, keeping the sea lanes open, and won the "E" for excellence, the top honor among all west coast ships, and

Whereas, he was then named Commodore, Destroyer Squadron Five and led his squadron in operations in the Middle East and responded to the crisis off Taiwan with a sprint from the Middle East to preserve free elections, and

Whereas, he has most recently served as the Navy liaison to the United States Senate, and

Whereas, Commander Costello's personal decorations include the Joint Meritorious Service Medal, the Meritorious Service Medal and the Navy Communications Medal with Gold Star, and

Whereas, he is married to the former LuAnne Golombowski of Durango, Colorado and they have two sons, Aidan and Brendan, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly congratulates United States Naval Captain Barry Costello on his selection for promotion to the rank of Admiral, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Captain and Mrs. Barry Costello in McLean, Virginia and to Captain Costello's parents, Mr. and Mrs. Bartley Costello in Rutland, Vermont.

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

Joint Resolution Referred

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

Whereas, the continued viability of dairy farming in Vermont is absolutely essential to Vermont's economic well-being and the preservation of the state's magnificent working landscape, and

Whereas, on a daily basis, Vermont's dairy exports are worth in excess of $1 million dollars, and

Whereas, the working landscape that Vermont's dairy farmers have so diligently striven to maintain attracts many visitors, artists, scholars and new businesses, all of whom increase the state's economic prosperity, and

Whereas, most unfortunately, the United States Department of Agriculture (U.S.D.A.) has recently proposed an alleged reform of the milk marketing pricing system which would substantially reduce the price that Vermont farmers are annually paid for their milk by a projected $6,000.00 per farm, and

Whereas, this proposal would annually cost dairy farmers in the northeastern United States between $80 million and $120 million, and

Whereas, while this proposal creates a new pricing structure that is economically devastating for Vermont's dairy farmers and does not reduce milk prices for most consumers in the United States, and

Whereas, this alleged milk pricing reform would directly contradict the historic underlying principle of the federal milk pricing system that the freshest possible milk be delivered to urban markets in an orderly manner, and

Whereas, while the federal proposal is being promoted as a reform, in reality it will create a severe financial hardship for the transporters of milk by discouraging them from supplying the urban markets, and

Whereas, the U.S.D.A. had previously developed several alternative pricing systems, including Option 1A, which treated all areas of the country equitably and had geographically broad support in Congress, and

Whereas, Option 1A included many real reforms to the federal milk pricing system that would be beneficial to both dairy farmers and consumers, and

Whereas, it is imperative that this Legislature declare its strong opposition for the U.S.D.A. proposal that could result in the closing of many Vermont dairy farms, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly strongly urges the United States Congress to reverse the final decision of the United States Department of Agriculture to implement the proposed revisions to the federal milk pricing system that are so economically inequitable to Vermont's dairy farmers and to direct the department to adopt instead the much fairer Option 1A, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the Chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, Senator Richard Lugar of Indiana, the Chair of the U.S. House Committee on Agriculture, Representative Larry Combest of Texas and to each member of the Vermont Congressional Delegation.

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

Joint Resolution Placed on Calendar

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

Whereas, in the decades following the Civil War, millions of Americans labored and toiled in physically-demanding jobs for barely subsistence compensation, and

Whereas, on September 5, 1882, the New York Central Labor Union, inspired by the leadership of Peter J. McGuire, the founder of the Brotherhood of Carpenters and Joiners, staged the first unofficial celebration in honor of America's laborers, and

Whereas, these commemorative ceremonies became increasingly popular, and in 1894 the United States Congress adopted legislation, designating the first Monday in September as a new federal holiday to be called Labor Day, and

Whereas, in recognition of the significant contribution that thousands of men and women made by their daily labors in such locations as the mills of Springfield and Winooski and the quarries of Barre Town, Representative George T. Swasey of Barre introduced legislation that the General Assembly enacted as No. 51 of the Laws of 1898, designating the first Monday in September as Labor Day, and

Whereas, the first Labor Day in Vermont was commemorated enthusiastically at Cherryville Park in Barre City on September 4, 1899, where orations were delivered by Representative Swasey, Barre City Mayor John W. Gordon and James Duncan of Baltimore, Maryland, the General Secretary and Treasurer of the Granite Cutters National Union, and many festivities were held, including games, concerts and dancing, and

Whereas, while the conditions and compensation provided to the workforce have vastly improved over the last century, laboring Vermonters' dedicated efforts are still not fully appreciated, and

Whereas, Labor Day celebrations afford Vermonters the opportunity to salute the working men and women of Vermont for their outstanding achievements, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly is honored to recognize the working men and women of Vermont on the centennial anniversary of Vermont's first Labor Day celebration, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the Vermont chapter of the AFL-CIO and to the Aldrich Public Library in Barre City.

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

Bill Passed in Concurrence with Proposals of Amendment

House bill entitled:

H. 537. An act relating to the state's transportation capital program and project development plan.

Was taken up.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment on a roll call, Yeas 29, Nays 0.

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

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: Ide.

Bill Amended; Bill Passed

Senate bill entitled:

S. 139. An act to increase the minimum wage.

Having been called up, was taken up.

Thereupon, pending the question, Shall the bill be amended as firstly moved by Senator Bartlett? Senator Bartlett requested and was granted leave to withdraw her first recommendation of amendment.

Thereupon, Senator Bartlett requested and was granted leave to withdraw her second recommendation of amendment.

Thereupon, pending third reading of the bill, Senator Costes moved to amend the bill as follows:

First: In Sec. 1, in §384 of 21 V.S.A., by adding at the end of subsection (a) the following:

The minimum wage required under this subsection shall not be required to be paid to a newly-hired employee for the first 90 consecutive calendar days of initial employment provided:

(1) The employee is under 20 years of age and has no prior experience in the duties required in this type of employment.

(2) The employer has taken no action to displace other employees, including partial displacement such as reduction in hours, wages or benefits, in order to hire the inexperienced employee. During this 90-day period, the employer shall pay the employee not less than $5.25 per hour, or the federal minimum wage, whichever is greater.

Second: In Sec. 2, subsection (a), at the end of the second sentence, after the words "Social Responsibility" and before the period by inserting the following: and one of whom shall be a representative from the Vermont business roundtable

Third: By adding a new section to be numbered Sec. 3 to read as follows:

Sec. 3. SUNSET

The provision of 21 V.S.A. § 384(a) that permits payment of a $5.25 per hour to newly-hired employees who are under the age of 20 years shall terminate on September 30, 2001.

And by renumbering the remaining section of the bill to be numerically correct.

Thereupon, the first and third recommendations of amendment of Senator Costes were collectively disagreed to on a roll call, Yeas 8, Nays 21.

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

Roll Call

Those Senators who voted in the affirmative were: Bahre, Bloomer, Costes, Greenwood, Maynard, Mazza, Morrissey, Sears.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Brownell, Canns, Chard, Crowley, Cummings, Doyle, Illuzzi, Kittell, Leddy, MacDonald, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Shumlin, Spaulding.

Those Senators absent and not voting were: Ide.

Thereupon, the second recommendation of amendment of Senator Costes was severally agreed to.

Thereupon, pending third reading of the bill, Senators Morrissey and Bloomer moved to further amend the bill in Sec. 3, by striking out the figure "$60,000.00" and inserting in lieu thereof the figure $30,000.00

Which was disagreed to on a roll call, Yeas 13, Nays 16.

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, Bloomer, Brownell, Canns, Costes, Crowley, Doyle, Greenwood, Illuzzi, Maynard, Mazza, Morrissey, Spaulding.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Chard, Cummings, Kittell, Leddy, MacDonald, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin.

Those Senators absent and not voting were: Ide.

Thereupon, pending third reading of the bill, Senators Bloomer and Morrissey moved to further amend the bill in Sec. 1, in 384 of 21 V.S.A., subsection (a), after the second sentence by adding a new sentence to read as follows: A company incorporated in Vermont shall investigate whether all its domestic, foreign and international corporations, subsidiaries and affiliates pay a minimum wage at least equal to Vermont's minimum wage and if not take steps to insure that all such businesses pay a minimum wage equal to or greater than Vermont's minimum wage.

Which was disagreed to on a roll call, Yeas 10, Nays 19.

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

Roll Call

Those Senators who voted in the affirmative were: Bahre, Bloomer, Canns, Costes, Crowley, Greenwood, Leddy, Maynard, Morrissey, Sears.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Brownell, Chard, Cummings, Doyle, Illuzzi, Kittell, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Shumlin, Spaulding.

Those Senators absent and not voting were: Ide.

Thereupon, pending third reading of the bill, Senators Morrissey, Bloomer, Mazza and Spaulding moved to further amend the bill in Sec. 3, by striking out the figure "$60,000.00" and inserting in lieu thereof the figure $45,000.00

Which was agreed to on a roll call, Yeas 16, Nays 13.

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, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Doyle, Greenwood, Illuzzi, Kittell, Leddy, Maynard, Mazza, Morrissey, Spaulding.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Cummings, MacDonald, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin.

Those Senators absent and not voting were: Ide.

Thereupon, the bill was read the third time and passed on a roll call, Yeas 29, Nays 0.

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

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: Ide.

Rules Suspended; Bills Messaged

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

S. 139, H. 537.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o'clock in the morning