Journal of the Senate
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Thursday, February 24, 2005
Pursuant to Rule. 8 of the Senate Rules, in the absence of the President and the President pro tempore, the time for convening of the Senate having been set at 4:00 P.M., the Senate was called to order by David A. Gibson, Secretary of the Senate.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Pledge of Allegiance
The Secretary of the Senate then led the members of the Senate in the Pledge of Allegiance.
Presiding Officer Elected
Thereupon, pursuant to the provisions of Rule 8 of the Senate Rules, in the absence of the President and the President pro tempore, the Senate proceeded to the election of an acting President pro tempore to preside.
Nominations being in order, Senator Bartlett of Lamoille District nominated Senator Richard T. Mazza of Grand Isle District.
There being no further nominations, on motion of Senator Bartlett, the nominations were closed, and the Assistant Secretary was instructed to cast one ballot for Senator Richard T. Mazza to serve as presiding officer until the return of the President or the President pro tempore.
Senator Mazza Assumes the Chair
Bills Introduced
Senate bills of the following titles were severally introduced, read the first time and referred:
S. 123.
By Senators Mullin and Shepard,
An act relating to the purchase of health insurance.
To the Committee on Finance.
S. 124.
By Senators White, Gander and MacDonald,
An act relating to a certificate of public good for extending the operating license of a nuclear power plan.
To the Committee on Finance.
S. 125.
By Senators Miller, Campbell, Collins, Condos, Doyle, Dunne, Flanagan, Illuzzi, Kittell, Lyons, MacDonald, Mullin and White,
An act relating to chiropractic coverage in Medicaid and VHAP.
To the Committee on Health and Welfare.
Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice the next legislative day:
S. 126.
By the Committee on Agriculture,
An act relating to the agricultural and forest land use value program.
Bill Amended; Bill Passed
S. 52.
Senate bill entitled:
An act relating to renewable energy portfolio standards, appliance efficiency standards, distributed electricity, and a customer petition for independent status.
Was taken up.
Thereupon, pending third reading of the bill, Senator Cummings, on behalf of the Committee on Finance, moved that the bill be amended in Sec. 2, 30 V.S.A. §8002(2)(C), by striking out the number “80” and inserting in lieu thereof the number 200
Which was agreed to.
Thereupon, pursuant to Senate Rule 40, the title of the bill was amended by the Secretary to read as follows:
“AN ACT RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS, APPLIANCE EFFICIENCY STANDARDS, AND DISTRIBUTED ELECTRICITY.”
Thereupon, the bill was read the third time and passed.
Appointment of Senate Members to the Council on Education Governance
Pursuant to the provisions of Act No. 68 of the Acts of 2003, the President pro tempore, on behalf of the Committee on Committees, announced the appointment of the following Senators to serve on the Council on Education Governance:
Senator Collins
Senator Giard
Senator Wilton
Remarks Journalized
Without objection, remarks of Senator Illuzzi at funeral services of Senator Julius D. Canns of Caledonia District, who passed away on February 20, 2005, were ordered to be journalized:
“Today, we say farewell to our friend, Jules. I am honored to be one of the people asked speak. I wish to thank Senator Peter Welch and House Speaker Gaye Symington for suspending House and Senate sessions this morning to enable us to be here. I note most of the members of the Vermont Senate are present, many members of the House and a large number of former colleagues.
“How do you sum up Julius’ life in just a few minutes?
“Each one of us here today may have different memories of Julius, but we can all agree on two things -- he was a nice man and a friend to all.
“A self-made businessman with a ready smile, Julius was never a country club Republican. He was a working class conservative. A proud man. A proud record with a proud heritage. He was always in touch with his people. And you ask, who were his people?
“His people were the working men and women of the Northeast Kingdom. They sent him to Montpelier because they could count on him to look out for the little guy. As you heard here today, he was awfully tight with a dollar. I fondly recall one afternoon when the folks from the Paramount Theater in Rutland came before the Institutions Committee looking for a grant to start restoring the old theater. Andy Snyder and Sen. Hull Maynard made passionate pleas for financial help as Jules dozed. When they finished, I called the roll and when it was Jules turn to vote, Sen. Dick Mazza nudged him. Jules woke up, voted no, and dozed off again.
“His people were the sportsmen and sportswomen . He fought for traditional uses on the Champion Lands, like hunting, fishing and logging.
“His people were the military veterans, who, like Julius did in World War II, put their lives on the line for a country they dearly loved. He fought to ban public desecration of the flag that so many American servicemen have followed into battle. And in the end, his perseverance won the day.
“His people were the descendents of the Abenaki Nation. Although Julius was not Abenaki, but part Cherokee, his dying wish was for state recognition of Vermont’s Abenakis, who have been yearning for their due recognition for decades.
“He was particularly loyal to these groups and passionate on their issues, and he had a good sense of humor.
“Julius once joked that he was a man before his own time. People familiar with his voting record questioned that statement. He finally explained that he was the first color television repairman in northern Vermont before color TV broadcast was available in Vermont.
“Julius was never afraid to speak from the heart, and his positions surprised some.
“He opposed the war in Iraq. In a floor speech in support of a resolution against the war, he said that in many ways, our country is a bigger threat to world peace than Saddam Hussein. He warned it is all too easy for a civilian government to be all too brave with the lives of the men and women in uniform.
“Julius wasn’t an environmentalist, but he understood the environment. Several years ago, a bill was introduced by Sen. Elizabeth Ready at the request of the sixth grade class in Cornwall in Addison County to make the leopard frog the state amphibian. Although some thought it was a small, trifling bill, Julius treated both the students and the issue they raised with foremost dignity and respect. He explained to the kids that while some may think of the leopard frogs as an inconsequential species, the deformities they manifest make them the canaries in the mine, warning us humans of a larger problem with the environment.
“Although some environmentalists saw an opportunity to convert Jules after his floor speech, their soaring minds were soon snapped back to reality. Former Sen. Richard McCormack rushed over and offered to get Julius an application to join the Sierra Club. Julius pulled his glasses down his nose and replied: Dick, let's not get carried away with this!
“His work on that simple resolution naming the frog the state amphibian exemplified what those of us who worked with him every day could see -- that despite his reputation as a hard right conservative, he had an open mind and he was willing to grow and learn.
“In the Vermont Legislature, it's possible to disagree on issues and still develop personal respect and affection for one another. Julius was personally respected and as well liked by those who didn't agree with him on almost anything as well as by those who did.
“Funerals are for the living. To the family, I suggest that over time, your grief will turn into a sense of loss. However, you will be left with your memories. Those memories will never leave you.
“As the years go by, you will remain very proud of what Julius accomplished during his lifetime. Service to country. Service to state. Service to veterans. Service to community. Lending a helping hand to those who seek to be recognized for who they are and from where they came.
“And for many like me, when we look at the Flag of our Nation snapping in the breeze in front of the Statehouse, we will fondly recall what he stood for and what he accomplished during his full life of service.
“I don’t know what tomorrow brings, but I do know that our lives today are better because Julius Canns passed this way.”
Message from the House No. 20
A message was received from the House of Representatives by Mr. Otterman, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has passed a bill of the following title:
H. 118. An act relating to amending the charter of the city of Burlington.
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. 143. An act relating to fiscal year 2005 budget adjustments.
And has concurred therein with a further 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 bill of the following title:
H. 6. An act relating to clinical trials for cancer patients.
And has concurred therein.
The House has adopted concurrent resolution of the following title:
H.C.R. 60. Concurrent resolution welcoming home from deployment in Iraq members of the Vermont National Guard’s 1st Battalion, 86th Field Artillery Regiment.
In the adoption of which the concurrence of the Senate is requested.
Adjournment
On motion of Senator Kittell, the Senate adjourned until eleven o’clock and thirty minutes in the morning.