The Senate Was Called to Order by the President s4

Journal of the Senate ______THURSDAY, MARCH 11, 1999 The Senate was called to order by the President. Devotional Exercises Devotional exercises were conducted by the Reverend Paul Houde of Montpelier. Message from the House 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 passed a bill of the following title: H. 156. An act relating to Act 250 jurisdiction over the replacement, repair, and routine maintenance of communication structures that extend over 20 feet above the ground. 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. 52. Joint resolution congratulating Mike Baker upon his induction into the National High School Wrestling Hall of Fame. J.R.H. 53. Joint resolution congratulating the Randolph Union High School Ghosts 1999 Division II Championship Gymnastic Team and extending best wishes to retiring coach John Kenealy. 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. 26. Joint resolution relating to extolling the importance of civic education in a representative democracy. And has adopted the same in concurrence.

259 Printed on 100% Recycled Paper JOURNAL OF THE SENATE 4 Bill Referred House bill of the following title was read the first time and referred: H. 156. An act relating to Act 250 jurisdiction over the replacement, repair and routine maintenance of communication structures that extend over 20 feet above the ground. To the Committee on Natural Resources and Energy. Joint Resolution Placed on Calendar Joint Senate resolution of the following title was offered, read the first time and is as follows: By Senators McCormack, Ptashnik and Rivers, J.R.S. 29. Joint resolution congratulating Scout Michael McConnell for advancing to the rank of Eagle Scout. Whereas, Michael McConnell of Scout Troop 232, of the Town of White River Junction, has completed the requirements to advance to the rank of Eagle Scout, and Whereas, Eagle rank is the highest level of advancement in the scouting movement, and Whereas, in order to achieve this honor, a young man must master a wide variety of skills that are demanding tests of his physical strength, intelligence and moral character, and Whereas, such mastery (a valuable achievement in its own right) is evidence of a young man’s commitment to a chosen challenge, and Whereas, such commitment is evidence of his courage, his focus, and his ability to resist the temptations of discouragement, fatigue and distraction, and Whereas, an Eagle Scout is a living model of the principles of scouting as expressed in the Scout Oath, Law, Slogan and Motto, and Whereas, these principles define good personal character in all people, and Whereas, by achieving the rank of Eagle, a scout brings honor to his troop, his leaders, his community and his family, and Whereas, by achieving the rank of Eagle, a scout brings honor to himself, and Whereas, the distinction of being an Eagle Scout carries with it a well- earned prestige that will add luster to a scout’s name throughout his life, now therefore be it 5 THURSDAY, MARCH 11, 1999 RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the Legislature congratulates Michael McConnell on the occasion of his having earned Eagle rank, and be it further RESOLVED: That the Legislature thanks Michael McConnell for the honor he has given the State of Vermont which takes pride in the achievements of her sons and daughters, and be it further RESOLVED: That the Legislature thanks Michael McConnell for the inspiring example he sets for others, and be it further RESOLVED: That the Legislature wishes Michael McConnell, his family, and Troop #232, the best in the future, and be it further RESOLVED: That a copy of this resolution be forwarded to Michael McConnell on or before April 11, 1999. Thereupon, in the discretion of the Chair, 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. 30. Joint resolution relating to weekend adjournment. RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That when the two Houses adjourn on Friday, March 12, 1999, it be to meet again no later than Tuesday, March 16, 1999, at ten oclock in the forenoon. Joint Resolutions Placed on Calendar Joint Senate resolution of the following title was offered, read the first time and is as follows: By Senators Canns, Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin and Spaulding, J.R.S. 31. Joint resolution congratulating Beverly and Ken Robinson of St. Johnsbury on receiving the 1998 Highest Quality Dairy Award at the Vermont Farm Show in January. Whereas, the Robinson family has farmed in Passumpsic and Waterford for decades at Robin’s Nest Farm, and

JOURNAL OF THE SENATE 6 Whereas, the Robinsons are instilling the values of farming, stewardship of the land and caring for the environment in their children and grandchildren, and Whereas, the Robinsons currently milk 24 cows and are raising nine replacement heifers, almost all of which are Jerseys, and Whereas, the Robinsons exemplify the dedication to the highest standards of the dairy industry, and Whereas, they are members in good standing of Region 13 of the Agri- Mark milk cooperative, and Whereas, Agri-Mark awarded the Robinsons the Top Quality Producer Award for Region 13 for the sixth time from among over 1,600 producers at its meeting in February, and Whereas, the Robinsons received the state’s Highest Quality Dairy Award at the Vermont Farm Show in Barre in January for the seventh time, including the Lowest Somatic Cell Count Award, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly is pleased to congratulate Beverly and Ken Robinson for their awards and to thank them for helping set the standard for dairy farmers everywhere, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Beverly and Ken Robinson. Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow. Joint resolution originating in the House of the following title was read the first time and is as follows: J.R.H. 52. Joint resolution congratulating Mike Baker upon his induction into the National High School Wrestling Hall of Fame. Whereas, Mike Baker graduated from Norwich University in 1968, and he immediately commenced his high school wrestling coaching career by introducing the sport at Mount Mansfield Union High School, and Whereas, after a five-year tenure at Mount Mansfield, he accepted the challenging head coach position at Essex High School, and Whereas, during his 26-year tenure at Essex High School, Coach Baker’s impressive results have included three state team championships in 1985, 1987 and 1988, and 7 THURSDAY, MARCH 11, 1999 Whereas, an amazing 46 of Coach Baker’s young wrestlers have earned individual state championship honors, and Whereas, his cumulative career wins by 1996 had risen to 300, enabling Coach Baker to share this unusual distinction with only 28 other high school wrestling coaches in the United States, and Whereas, perhaps far more importantly than his outstanding history of team and individual championships is his dedication to maximizing each student’s potential on the wrestling mat, and Whereas, Coach Baker has served as a role model for both his students and other secondary school athletic coaches, and Whereas, in recognition of his exemplary career accomplishments, Coach Mike Baker was inducted into the National High School Wrestling Hall of Fame at a ceremony conducted, most appropriately, at Essex High School, and Whereas, Coach Baker is truly a worthy recipient for this special honor, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly is pleased to congratulate Coach Mike Baker of Essex High School on his induction into the National High School Wrestling Hall of Fame, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Coach Mike Baker at Essex High School. Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow. Joint resolution originating in the House of the following title was read the first time and is as follows: J.R.H. 53. Joint resolution congratulating the Randolph Union High School Ghosts 1999 Division II Championship Gymnastic Team, and extending best wishes to retiring coach John Kenealy. Whereas, the Randolph Union High School Ghosts gymnastic teams, under the direction and tutelage of their extraordinary coach, John Kenealy, have amassed one of the most enviable records in the history of interscholastic gymnastic competition in Vermont, and Whereas, the 1998-1999 Randolph Ghosts’ gymnastic team members were especially inspired to perform at their best because this was Coach Kenealy’s final season of his 18-year tenure, and

JOURNAL OF THE SENATE 8 Whereas, the championship tournament at Patrick Gym in Randolph proved to be a triumphant occasion for this dedicated team of highly-talented young women, and Whereas, on this special occasion, the Ghosts achieved their best single meet point tally of the season with a score of 124.025 as they competed for the Division II championship crown against their challenging competitors from Middlebury Union High School, St. Johnsbury Academy and South Burlington High School, and Whereas, Emily Barron won top individual honors and Kate Eddy’s personal score was the third highest at the tournament, and Whereas, each Randolph team member contributed to the championship victory with an outstanding performance throughout the season, including Kali Bey, April Densmore, Larissa Eaton, Lindsay Meyer, team captain Cacia McClain, Emily Melanchuck, Ashley Moore, Katie O’Donnell, Rachel Osha, Jen Perrin, Marie Semundseth, Katya Sokolskikh, Beth Tardie and Payson Warlick, and Whereas, team manager Billy Shaw provided efficient and invaluable assistance to her colleagues whenever her services were needed, and Whereas, Coach Kenealy and Assistant Coach Kristin Peterson have reason to be extremely proud of these 1999 Division II winners, and Whereas, during his nearly two-decade tenure as gymnastics coach at Randolph Union High School, Coach John Kenealy has exemplified the finest attributes in the coaching and teaching professions, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly is pleased to congratulate the Randolph High School Ghosts 1999 Division II Championship Gymnastic Team and extends best wishes to Coach John Kenealy on the conclusion of his stupendous coaching career, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Coach Kenealy at Randolph Union High School. Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow. Bills Passed Senate bills of the following titles were severally read the third time and passed: S. 49. An act relating to municipal civil ordinance penalties. 9 THURSDAY, MARCH 11, 1999 S. 104. An act relating to the temporary operation of all-terrain vehicles in Beecher Falls. Bill Passed in Concurrence House bill of the following title was read the third time and passed in concurrence: H. 47. An act relating to the charter of the Town of Barre. Third Reading Ordered Senator MacDonald, for the Committee on Finance, to which was committed Senate committee bill entitled: S. 137. An act relating to the ability of the Public Service Board to require that energy conservation services be developed and provided by an entity appointed by the board. Reported that the bill ought to pass. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and, pending the question, Shall the bill be read the third time? Senator Brownell moved to amend the bill in Sec. 1, in §209(d) of 30 V.S.A., by adding at the end of subdivision (3) a new sentence to read as follows: The total charge to all customers in any calendar year shall not exceed $25,000,000. Which was disagreed to on a roll call, Yeas 10, Nays 20. 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, Brownell, Canns, Costes, Crowley, Ide, Illuzzi, Maynard, Morrissey. Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Chard, Cummings, Doyle, Greenwood, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Thereupon, pending the recurring question, Shall the bill be read the third time? Senator Brownell moved to amend the bill in Sec. 1, in §209(d) of 30 V.S.A., by adding at the end of subdivision (3) a new sentence to read as follows:

JOURNAL OF THE SENATE 10 The board will annually provide the legislature with a report detailing the revenues collected and the expenditures made for energy-efficiency programs under this section. Thereupon, pending the question, Shall the bill be amended as moved by Senator Brownell? Senator Brownell requested and was granted leave to withdraw his recommendation of amendment. Thereupon, the recurring question, Shall the bill be read the third time? was decided in the affirmative. Joint Resolutions Adopted in Concurrence Joint House resolution entitled: J.R.H. 49. Joint resolution in memory of Ruby Murin Gaines. 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. Joint House resolution entitled: J.R.H. 50. Joint resolution relating to Family Week. 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. Joint House resolution entitled: J.R.H. 51. Joint resolution extending the reporting deadline of the Judicial Retention Committee. 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 eleven oclock and thirty minutes in the morning. 11 THURSDAY, MARCH 11, 1999 *************************************************************** Journal Correction For the Senate Journal of February 23, 1999, the roll call vote for the amendment offered by Senators Illuzzi, Canns, Greenwood and Ide, pertaining to restrictions for the Champion land transaction, was in error and should read as follows: The amendment was disagreed to on a vote of Yeas 9, Nays 21. Senator Illuzzi, 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, Crowley, Greenwood, Ide, Illuzzi, Maynard, Morrissey. Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Brownell, Chard, Costes, Cummings, Doyle, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators absent and not voting were: None. ***************************************************************