Download this document in MS Word 97 format

Journal of the Senate

________________

Tuesday, January 16, 2001

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Wayne Jones of Northfield.

Pledge of Allegiance

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

Bills Introduced

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

S. 14.

By Senator Leddy,

An act relating to child labor.

To the Committee on General Affairs and Housing.

S. 15.

By Senators Rivers and Doyle,

An act relating to limitations on campaign contributions and accountability for related expenditures.

To the Committee on Government Operations.

S. 16.

By Senators Rivers, Ankeney and McCormack,

An act relating to public financing of campaigns for state Senate.

To the Committee on Government Operations.

Message from the Governor

A message was received from His Excellency, the Governor, by Kate O’Connor, Secretary of Civil and Military Affairs, as follows:

Mr. President:

I am directed by the Governor to deliver to the Senate communications in writing which require action to be taken thereon by the Senate.

Appointments Referred

The following communications from the Governor were read and referred:

"June 30, 1998

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JAN EASTMAN

of Peacham, as a Member of the Waste Facility Panel, for a term from and including June 30, 1998, to June 30, 2002, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Natural Resources and Energy.

"June 30, 1998

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

RUTH EINSTEIN

of Worcester, as a Member of the Waste Facility Panel, for a term from and including June 30, 1998, to June 30, 2002, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Natural Resources and Energy.

"June 30, 1998

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

GARY KJELLEREN

of South Hero, as a Member of the Waste Facility Panel, for a term from and including June 30, 1998, to June 30, 2002, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Natural Resources and Energy.

"May 11, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

VAUGHN CARNEY

of Essex, as a Member of the Human Services Board, for a term from and including May 11, 2000, to February 28, 2003, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"June 30, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

NANCY PRICE GRAFF

of Montpelier, as a Member of the Board of Libraries, for a term from and including June 30, 2000, to June 30, 2004, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Education.

"June 30, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

ELISE MARTIN

of Barre, as a Member of the Vermont Lottery Commission, for a term from and including June 30, 2000, to June 30, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"June 30, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

THOMAS SCALA

of Brattleboro, as a Member of the Vermont Lottery Commission, for a term from and including June 30, 2000, to June 30, 2003, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"July 2, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JANET ANCEL

of Montpelier, as Commissioner of the Department of Taxes, for a term from and including July 2, 2000, to February 28, 2001, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Finance.

"July 2, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

SEAN CAMPBELL

of Saxtons River, as Commissioner of the Department of Finance and Management, for a term from and including July 2, 2000, to February 28, 2001, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Government Operations.

"July 2, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

SCOTT JOHNSTONE

of Burlington, as Secretary of the Agency of Natural Resources, for a term from and including July 2, 2000, to February 28, 2001, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Natural Resources and Energy.

"July 27, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

ALLEN ROBINSON

of Burlington, as Commissioner of the Vermont State Housing Authority, for a term from and including July 27, 2000, to February 28, 2003, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"August 8, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

ROBERT PEEPLES

of Brattleboro, as a Member of the Vermont State Colleges Board of Trustees, for a term from and including August 8, 2000, to February 28, 2001, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Education.

"August 25, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JOANNA WHITCOMB

of Waitsfield, as a Member of the Passenger Tramway Board, for a term from and including March 31, 1999, to March 31, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"August 29, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

MICHAEL T. McADOO

of Williston, as a Member of the Children and Family Council for Prevention Programs, for a term from and including August 29, 2000, to September 30, 2001, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"August 29, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JOHN ROSENTHAL

of Charlotte, as a Member of the Board of Libraries, for a term from and including August 29, 2000, to June 30, 2002, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Education.

"August 31, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

THOMAS DONAHUE

of Rutland, as a Member of the Sustainable Jobs Fund Board of Directors, for a term from and including August 31, 2000, to August 31, 2005, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"September 6, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

DOUGLAS HYDE

of Burlington, as a Member of the Vermont State Colleges Board of Trustees, for a term from and including September 6, 2000, to February 28, 2001, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Education.

"September 7, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

DAVID YACAVONE

of Morrisville, as a Member of the Public Oversight Commission, for a term from and including September 7, 2000, to July 25, 2002, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"September 15, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

KENNETH D. McEWAN

of Mendon, as a Member of the Vermont Economic Development Authority, for a term from and including September 15, 2000, to June 30, 2006, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Finance.

"September 29, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

TOBY YOUNG

of Putney, as a Member of the Public Oversight Commission, for a term from and including September 29, 2000, to July 25, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"September 30, 2001

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

BARBARA ZANDER

of St. Johnsbury, as Magistrate of the Family Court, for a term from and including October 1, 2000, to September 30, 2006, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Judiciary.

"October 19, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

PETER GREGORY

of Hartland, as a Member of the State Infrastructure Bank Board, for a term from and including October 19, 2000, to October 19, 2005, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Finance.

"October 31, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

POLLY BILLINGS

of Woodstock, as a Member of the Capitol Complex Commission, for a term from and including October 31, 2000, to October 31, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Institutions.

"October 31, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JULIE BRESSOR

of Montpelier, as a Member of the Capitol Complex Commission, for a term from and including October 31, 2000, to October 31, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Institutions.

"October 31, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

ERIN KELLY

of Montpelier, as a Member of the Children and Family Council for Prevention Programs, for a term from and including October 31, 2000, to September 30, 2001, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"November 13, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

MARDEE SANCHEZ

of Randolph, as a Member of the Water Resources Board, for a term from and including November 13, 2000, to February 28, 2003, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Natural Resources and Energy.

"November 17, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

CONRAD C. S. REINING

of East Thetford, as a Member of the Sustainable Jobs Fund Board of Directors, for a term from and including November 17, 2000, to August 31, 2004, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on General Affairs and Housing.

"November 28, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

ROBERT YOUNG

of Proctor, as a Member of the Board of Trustees of the University of Vermont and State Agricultural College, for a term from and including November 21, 2000, to February 28, 2003, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Education.

"December 8, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JOHN BURKE

of Castleton, as a Member of the Public Service Board, for a term from and including December 8, 2000, to February 28, 2003, and until his successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Finance.

Oath Administered to Thirtieth Senate Member

The President stated that Senator-elect Gerald P. Morrissey was present in the Senate Chamber and was ready to receive the oath of office. The President directed the Secretary to administer the oath of office to the thirtieth member, the Senator-elect from Bennington District, Gerald P. Morrissey.

Thereupon, Senator-elect Gerald P. Morrissey presented himself at the bar of the Senate and was duly sworn by the Secretary and subscribed the oath of office.

Joint Resolution Placed on Calendar

J.R.S. 8.

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

By Senators Crowley, Maynard and Bloomer,

J.R.S. 8. Joint resolution honoring the Rutland High School Raiders 2000 Division I championship football team.

Whereas, the 2000 Rutland High School football Raiders entered the Division I championship game against the Essex High School Hornets, having not sustained any losses to a Vermont team, and

Whereas, having last captured the ultimate gridiron victory in 1997, the Raiders were anxious to regain the championship, and

Whereas, from the opening kickoff, these nearly evenly-matched teams were engaged in an extremely close contest, and

Whereas, the Raider defense proved alert and nimble, as Andrew Pisanelli suddenly intercepted an Essex offensive pass in the end zone with less than two minutes left in the first half, a feat which earned him the game ball, and

Whereas, a scoreless tie continued until late in the last quarter when Raider quarterback Sean Hurley, confronted with a strategically difficult fourth down with 14 yards to go for a first down, threw the ball for a touchdown to Josh Finley, who, despite three Hornet defensemen in his immediate midst, caught the ball in the end zone for perhaps the most historic catch in the history of Rutland High School football, and an ultimate 7-0 game victory, and

Whereas, the strong season-long performances of every Raider team member, including Andrew Pisanelli, Mike Casella, Ben Barone, Justin Davis, Joshua Finley, Quinn Meisinger, Ryan Sharp, Neiman Groce, Sean Hurley, Jesse Rowe, Brendan Lawes, Mike Delehanty, Samuel Conway, Macky McLeod, Corey Czarnecki, Matthew Austin, Preston Nicholas, George Cesarski, Ryan Chamberlain, Bryan Clark, Ross Campbell, Scott Drew, James Thomson, David Sly, John Carpenter, Mike Potter, Jon Reynolds, Jake Ward, Timothy Williamson, Anthony Purdy, Adam Root, Andrew Traynor, George Foster, Greg Wallett, Mike Fredette, Thomas Potash, Jonathan Merrifield, Daniel Pratico, Nick Marro, Pat Hackett, Dennis Duby, Josh Lind and Daniel Riter, resulted in the team’s 2000 Division I championship title, and

Whereas, Head Coach Mike Norman, and his able assistant coaches Mickey Calaguiri, Ron Sabataso and Tom Jacques, truly inspired the Raiders on to victory, and

Whereas, the administrative and technical assistance from students Trista Harder, Jessica Gartner, Nicki Nickerson, Sean Pelletier, Liza Rogers and Dawn Shippee was always efficient and helpful, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly heartily congratulates the 2000 Division I football champions, the Rutland High School Raiders, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Head Coach Mike Norman at Rutland High School.

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

Joint Resolution Referred

J.R.S. 9.

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

By Senators Campbell, Ankeney, Bartlett, Bloomer, Chard, Condos, Cummings, Gossens, Kittell, Leddy, Lyons, McCormack, Munt, Rivers, Sears and Shumlin,

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

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, these ideals also include the democratic principles of individual freedom enumerated and protected by the United States Constitution, especially by those amendments known collectively as the Bill of Rights, 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 the first introduction, for many young Americans, to the concept of patriotism, and

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

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly expresses its respect, love 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 respectfully urges the Congress of the United States to take whatever legislative action it deems necessary and appropriate to honor and safeguard the United States Flag, 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.

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

Joint Resolution Adopted in Concurrence

J.R.H. 15.

Joint House resolution entitled:

Joint resolution in memory of former Representative Maud-Ann Durgin.

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

Thereupon, the pending question, Shall the joint resolution be adopted in concurrence? was decided in the affirmative.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until one o’clock and thirty minutes in the afternoon on Wednesday, January 17, 2001.