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Journal of the Senate ______TUESDAY, APRIL 20, 1999 The Senate was called to order by the President. Devotional Exercises Devotional exercises were conducted by the Reverend David M. Hall of Montpelier. Pledge of Allegiance The President then led the members of the Senate in the Pledge of Allegiance. 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. 177. An act relating to telecommunications service providers. 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. 119. An act relating to the state employees’, the municipal employees’ and the teachers’ retirement systems. 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 Rep. Bourdeau of Hyde Park Rep. Atkins of Winooski Rep. Kreitzer of Rutland City The House has adopted Joint Resolutions of the following titles:

473 Printed on 100% Recycled Paper JOURNAL OF THE SENATE 218 J.R.H. 84. Joint resolution congratulating the outstanding 1999 Norwich University Cadets Hockey Team. J.R.H. 88. Joint resolution honoring the Vermont Scholars and Faculty of Whitcomb Junior-Senior High School. J.R.H. 89. Joint resolution congratulating the Newark Balkan Chorus on its appearances at the 1999 National Association of Performing Arts Educators’ Winter Choral Festival. 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. 48. Joint resolution relating to weekend adjournment. And has adopted the same in concurrence. Bill Referred House bill of the following title was read the first time and referred: H. 177. An act relating to telecommunications service providers. To the Committee on Finance. 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. 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. Whereas, the fostering of democracy and inter-American cooperation through mutually beneficial and rewarding agricultural, cultural, economic, educational, governmental and medical exchanges between the people of the United States and our hemispheric neighbors to the south was President Kennedy’s dream when, in 1961, he launched the “Alliance for Progress” (the Alliance) which in turn was based on President Franklin Roosevelt’s “Good Neighbor Policy”, and Whereas, the success of the Alliance on a national level inspired Governor Phil Hoff and a dedicated group of Vermonters to establish a parallel program, “Vermont-Honduras Partners of the Americas” (the Partners), that, since 1966, 219 TUESDAY, APRIL 20, 1999 through a one-state-to-one-nation relationship between the people of Vermont and the people of the Central American nation of Honduras, has far exceeded the original goals and expectations of the Alliance, and Whereas, the Partners has successfully developed close and cooperative relationships between Vermonters and Hondurans, including artists, dentists, doctors, farmers, educators, musicians, public officials and students by mobilizing resources at the community level and drawing on the personal involvement of private citizens to participate in mutually beneficial self-help projects, and Whereas, a stellar example of a Partners’ exchange that reflects the organization’s fundamental belief that people can work together to facilitate cross-cultural understanding is the visiting delegation of distinguished Honduran leaders that is comprised of Mayor Hermino Garcia of the city of Lepaera, Mayor Antonio Henriquez of the city of Tomala, Mayor Ricardo Leopoldo Hernandez of the city of Erandique, Mayor Aura Escalante of the city of Mapaluca, Congressman Juan Orlando Hernandez, a member of the Honduran Parliament from the city of Lempira, and Gustavo Perez, a member of the board of directors of a regional hospital, and Whereas, its visit to the Vermont State House symbolizes the delegation’s mission to observe the governing process in our state, the manner in which public policy is devised and implemented, and, in particular, the fundamental role of citizen government, be it in the General Assembly, at Town Meeting, on locally-elected legislative bodies and, most importantly, in the daily lives of Vermonters, and Whereas, the delegation’s members intend to record their observations so that when they return to Honduras they can continue to strengthen their nation’s young and still-evolving democratic political institutions, and Whereas, the greatest challenge for the Partners has been the devastation that Hurricane Mitch left in the wake of its severe battering of the Honduran countryside and urban areas, and Whereas, in response to this unparalleled disaster in Honduran history that resulted in 7,000 deaths, 2,000,000 Hondurans (more than one-third of the population) being left homeless, and a severe battering of the nation’s infrastructure and natural resources, the Partners have raised nearly $100,000.00, all of which has been donated directly to Hondurans in need of medical and other assistance, and Whereas, following in the Partners’ footsteps, Vermont’s Rotary Clubs, as part of their long tradition of “service above self,” and under the direction of Rotary District Governor Richard Bielefield, have adopted all of the Rotary

JOURNAL OF THE SENATE 220 Clubs in Honduras and have begun a major fundraising effort to finance community rebuilding projects as part of a long-term commitment to the people of Honduras, and Whereas, symbolizing Vermonters’ continuing concern for the Honduran people who are struggling to recover from a natural disaster of a previously unimagined magnitude, a group of students and faculty from the University of Vermont is preparing to embark on a journey to the most remote area of Honduras to build homes for families whose meager financial resources prevent them from building adequate housing, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly is honored to welcome to the State House and its legislative chambers the distinguished delegation of Honduran leaders who are visiting Vermont to observe our unique democratic institutions and the process that so closely involves Vermonters in the governance of their state, and be it further RESOLVED: That Vermont-Honduras Partners and the Vermont Rotary Clubs are congratulated for their continuing commitment to aid the hurricane-ravaged Honduran people and to foster inter-American exchanges between our peoples, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Vermont-Honduras Partners of the Americas, to Richard Bielefield, and to the members of the distinguished delegation of Honduran leaders that is visiting the State House. Joint Resolutions Placed on Calendar Joint resolution originating in the House of the following title was read the first time and is as follows: J.R.H. 84. Joint resolution congratulating the outstanding 1999 Norwich University Cadets Hockey Team. Whereas, the Norwich University Cadets commenced the 1998-1999 hockey season with high expectations for success, and Whereas, the entire Norwich University community anticipated the opening of the Kreitzberg Arena that would provide a state-of-the-art venue for the Cadet hockey players and their devoted fans, and Whereas, the Cadets’ strong regular season performance consisting of a resounding 23 victories and only one tie and one defeat, easily earned them the No. 1 seed in the Eastern Collegiate Athletic Conference (ECAC) East hockey 221 TUESDAY, APRIL 20, 1999 tournament, the final round of which was played on the now familiar Kreitzberg Arena ice, and Whereas, the Cadets proved worthy of this lofty placement as they triumphantly skated through the tournament and earned the right to face off against a formidable opponent from Williams College for the ECAC championship title, and Whereas, in the final ECAC game, from the face-off, the Cadets were in command rapidly jumping to a 3-0 lead by the 4:16 mark of the first period and continuing forward to win the game by a convincing score of 7-3, and Whereas, the Cadets’ stellar ECAC performance earned the Norwich team a berth in the National Collegiate Athletic Association (NCAA) Division III Hockey Tournament which was also held at the Northfield campus, and Whereas, although they did not win the NCAA title, the Cadets reached the semifinal round, and their many fans in central Vermont and around the nation were very proud of their marvelous athletic accomplishment, and Whereas, the entire squad, including Keith Aucoin, Marc Bellemare, Curt Healey, Jim Nagle, Bryce Herperger, Michael Ludwar, Warren Ayers, Greg Ducluzeau, Matt Moran, Jason Lumsden, Keith Maurice, Aaron Phelan, Casey Beaulac, Lynn Beedle, Shane Combres, Eric Marchand, Jason Mone, Dan Stone, Rob Jackson, Sean Young, Nate Eusko, Bryan Beers, Jim Mahoney, and Zig Ivanic, under the superb hockey tutelage of Coach Mike McShane, brought great honor to Norwich University and repeatedly demonstrated its hockey prowess before delighted crowds at Kreitzberg Arena, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly extends its congratulations to the Norwich University Hockey Team on winning the 1999 ECAC Hockey East title and for its fine performance in the NCAA Division III tournament, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Coach Mike McShane at Norwich University. 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. 88. Joint resolution honoring the Vermont Scholars and Faculty of Whitcomb Junior-Senior High School.

JOURNAL OF THE SENATE 222 Whereas, Whitcomb Junior-Senior High School in Bethel, although one of the smaller secondary schools in the state, has a well-deserved reputation for educational excellence, and Whereas, the academic caliber of a high school’s curriculum can be measured by the scholarly accomplishments of individual students, and Whereas, the Vermont Scholars’ Program is a very special award, honoring and providing partial scholarships for outstanding high school seniors who will be entering the University of Vermont, and Whereas, Vermont Scholars are not only academic achievers but also leading participants in extracurricular activities, and Whereas, Whitcomb Junior-Senior High School’s proud tradition of representation in the Vermont Scholars’ Program is being continued in 1999 with the selection of Kathryn Hughes as a scholarship recipient, and Whereas, she is following in the footsteps of Whitcomb Junior-Senior High School alumni Ryan Andrews from the class of 1998 and Kylie Daniels, Roman Stanchak and SuAnn Taplin from the class of 1997, and Whereas, this third consecutive year of Whitcomb Junior-Senior High School’s representation in the Vermont Scholars’ Program reflects the faculty’s dedication to enabling students to achieve their maximum academic potential, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly congratulates Kathryn Hughes on being named a 1999 Vermont Scholar, and the faculty of Whitcomb Junior-Senior High School for its continuing effort to promote scholarly achievement, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to William Elberty, principal of Whitcomb Junior-Senior High School, and to Kathryn Hughes. 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. 89. Joint resolution congratulating the Newark Balkan Chorus on its appearances at the 1999 National Association of Performing Arts Educators’ Winter Choral Festival. 223 TUESDAY, APRIL 20, 1999 Whereas, Balkan choral singing is melodious music that choral ensembles from that part of the world have proudly sung for generations, and Whereas, this unique repertoire is now finding appreciative audiences in North America, and Whereas, under the skillful direction of Newark Street School teacher Evanne Weirich, nine young women choristers, including Elly Barksdale, Erin Barksdale, Barbara Bedor, Jericho Bicknell, Chelsea Gonyer, Adah Holeman, Iris Leslie, Nichole Wimbiscus and Anna Winsor proudly and beautifully perform this historically-descriptive and inspiring a capella music under the banner of the Newark Balkan Chorus, and Whereas, the young singers of the Newark Balkan Chorus have earned a reputation for outstanding musicianship that has spread beyond the borders of Vermont, and Whereas, as evidence of their outstanding performance skills, they were honored with an invitation to participate in the prestigious 1999 National Association of Performing Arts Educators’ Winter Choral Festival in New York City, and Whereas, the Newark Balkan Chorus’ festival performances were on Broadway and at Carnegie Hall, one of the world’s most famous concert venues, and Whereas, the Newark Balkan Chorus was one of only eight North American musical organizations to be honored with a festival invitation, and Whereas, the Newark Balkan Chorus has proudly placed the Town of Newark, Vermont on the nation’s musical map, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly congratulates choral director Evanne Weirich and the members of the Newark Balkan Chorus on being selected to perform at the 1999 National Association of Performing Arts Educators’ Winter Choral Festival and extends its best wishes to this fine musical organization for continued success, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Evanne Weirich at the Newark Street School. Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow. Bill Amended; Third Reading Ordered; Remarks Journalized

JOURNAL OF THE SENATE 224 Senator Illuzzi, for the Committee on Judiciary, to which was referred Senate bill entitled: S. 70. An act relating to suits by state against firearms manufacturers. Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 12 V.S.A. § 5784 is added to read: § 5784. FINDINGS (a) The Vermont Constitution (Ch. I, Art. 16) specifies "That the people have a right to bear arms for the defence of themselves and the State. . . ." In addition, the Constitution (Ch. II § 67) declares that "the inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on the other lands not inclosed. . . .” (b) In recent months, certain cities, among them Chicago, Cleveland, and New Orleans, have filed suits against the firearms industry for the purpose of obtaining millions of dollars in damages. (c) Unlike the tobacco industry, whose product when used as intended by the manufacturer produces serious adverse effects on the health of the user, the firearms industry produces a product which, when used as intended by the manufacturer, enables citizens to exercise important constitutional rights. (d) The recent firearms lawsuits by governmental entities will impose substantial legal defense costs upon the defendant industry, thereby threatening the financial solvency of those in the industry, whether or not liability is found. Sec. 2. 12 V.S.A. § 5785 is added to read: § 5785. FIREARMS INDUSTRY LITIGATION (a) As used in this section: (1) “Dealer” means a person who is engaged in the business of selling ammunition or firearms at wholesale or retail and is licensed under the provisions of Chapter 44 of Title 18 of the United States Code. (2) “Firearm” means any weapon which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, or shotgun. (3) “Importer” means a person who is engaged in the business of importing or bringing firearms or ammunition into the United States for the purpose of sale or distribution and is licensed under the provisions of Chapter 44 of Title 18 of the United States Code. 225 TUESDAY, APRIL 20, 1999 (4) “Manufacturer” means a person who is engaged in the business of manufacturing firearms or ammunition for the purpose of sale or distribution and is licensed under the provisions of Chapter 44 of Title 18 of the United States Code. (b) A firearm dealer, importer, or manufacturer shall not be liable in any civil action by the state, a county, or a municipality for any claim or allegation for damages, injuries, or other remedy when the claim or allegation arises from an incident involving the criminal, reckless, negligent, or improper use of a firearm or ammunition by another person, unless the damage is the result of knowing, willful and intentional misconduct of the firearm dealer, importer or manufacturer. (c) This section shall not apply to either of the following: (1) An action for breach of warranty with respect to specific firearms purchased and owned by the state, county or a municipality. (2) A consumer fraud action with respect to firearms sold to consumers within the state. And that when so amended the bill ought to pass. The Committee further recommends that after passage of the bill the title be amended to read as follows: AN ACT RELATING TO LITIGATION BY PUBLIC BODIES WITH RESPECT TO FIREARMS. Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered on a roll call, Yeas 29, Nays 1. Senator Canns, 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, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin. Those Senators who voted in the negative were: Spaulding. ****During debate of the measure, Senator Illuzzi addressed the Chair in delivering his report for the Committee on Judiciary, and, on motion of Senator Canns, his remarks were ordered enter in the Journal, and are as follows:

JOURNAL OF THE SENATE 226 “Mr. President: “The intent of this bill is to prohibit the recovery of damages based on any legal theory of negligence. “The legal standard of proof in the Senate Judiciary Committee strike-all amendment to S.70 containing the standard of “ . . knowing, willful and intentional misconduct . . .” is as strong as it gets, short of prohibiting a lawsuit altogether, which was not politically feasible. “The Senate Judiciary Committee version will make a frivolous lawsuit very difficult, if not impossible, to sustain beyond a defense motion for summary judgment. “In order to prove willful and intentional misconduct, any plaintiff will have to prove not only that the defendants acted intentionally, but that they also intended the results. Black’s definitions for the words used in this amendment were reviewed by the committee and they were used to prevent any type of negligence lawsuit from prevailing beyond a defense motion for summary judgment. “I don’t believe anything can prevent an extortion lawsuit. For example, let’s say the General Assembly enacted a bill that prohibited the state, county and municipalities from filing any such lawsuit. A county or municipality might be able to argue the law was unconstitutional. The plaintiff can still file suit and force the defendants to litigate the constitutionality of the law, possibly all the way up to the U.S. Supreme Court. If the law is held unconstitutional, where has that gotten anyone? Then there would be no protection whatsoever, and the legal fees could be ten times as much. “By that time, I suspect there will be a less friendly General Assembly, and a future bill on this subject would probably not be as strong.” Bill Passed in Concurrence House bill entitled: H. 60. An act relating to reimbursement for job-related losses. Was taken up. Thereupon, the bill was read the third time and passed in concurrence 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 227 TUESDAY, APRIL 20, 1999 Those Senators who voted in the affirmative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: None: Those Senators absent and not voting were: Ptashnik. Bills Passed in Concurrence House bills of the following titles were severally read the third time and passed in concurrence: H. 233. An act relating to the City of South Burlington charter. H. 550. An act relating to changing the name of the Town of Sherburne to the Town of Killington. Third Reading Ordered Senator Maynard, for the Committee on Government Operations, to which was referred House bill entitled: H. 83. An act relating to review of administrative rules. Reported that the bill ought to pass in concurrence. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered. Consideration Interrupted by Adjournment Senator Ankeney, for the Committee on Education, to which was referred Senate bill entitled: S. 76. An act relating to the crime of hazing. Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 13 V.S.A. § 609 is added to read: § 609. HAZING (a) As used in this section: (1) “Educational institution” means a public or independent school in this state or in another state which offers all or part of a secondary school education in grades 9-12, or a postsecondary school in this state or in another state which offers or operates a program of college or professional education for credit or a degree.

JOURNAL OF THE SENATE 228 (2) “Pledge” means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in any organization. (3) “Pledging” means any action or activity related to becoming a member of an organization. (4) “Student” means any person who: (A) is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation. (5) “Organization” means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members are primarily students at an educational institution, and which is operating under the sanction of or recognized as an organization by an educational institution. (6) “Hazing” means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. The term includes each of the following: (A) Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity. (B) Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student. (C) Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of the student. (D) Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the student from entering or remaining 229 TUESDAY, APRIL 20, 1999 registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the educational institution rather than submit to acts described in this subsection. (E) Any activity that induces, causes, or requires the student to perform a duty or task which involves the commission of a crime or a violation of subsection (b) of this section. (b) A person commits the crime of hazing if the person does any of the following: (1) Engages in hazing. (2) Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing. (3) Intentionally, knowingly, or recklessly permits hazing to occur. (c)(1) A person who commits the crime of hazing shall be fined not more than $500.00. (2) If bodily injury, as defined in section 1021(1) of this title, results to any person, the person who commits the crime of hazing shall be imprisoned not more than 90 days or fined not more than $1,000.00, or both. (3) If serious bodily injury, as defined in section 1021(2) of this title, results to any person, the person who commits the crime of hazing shall be imprisoned not more than one year or fined not more than $2,000.00, or both. (4) If the death of any person results, the person who commits the crime of hazing shall be imprisoned not more than two years or fined not more than $5,000.00, or both. (d) It is not a defense to a prosecution for the crime of hazing that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. (e) Nothing in this section shall limit or affect the right of an educational institution to enforce its own penalties against hazing. (f)(1) Treatment of a student who may have been subjected to hazing activities may be reported to the police or other law enforcement officials. The doctor or medical practitioner so reporting shall be immune from civil suit or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice. (2) Any person who violates subdivision (1) of this subsection shall be fined not more than $500.00.

JOURNAL OF THE SENATE 230 (g)(1) Each Vermont educational institution shall adopt a written anti- hazing policy and rules prohibiting students and other persons associated with any educational institution from engaging in any activity that can be described as hazing as defined in this section. (2) Each Vermont educational institution shall provide a program for the enforcement of its hazing rules and shall adopt appropriate penalties for violations of those rules. (h)(1) Each educational institution shall cause to be distributed to each student during the first three weeks of each semester a summary of the provisions of this section and the institution’s anti-hazing policy and rules. (2) The educational institution shall publish or distribute in the same manner a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the educational institution during the previous three years. (i) Nothing in this section shall limit or preclude a criminal prosecution for another crime based on acts that may constitute a violation of this section. And that when so amended the bill ought to pass. Senator Sears, for the Committee on Judiciary, to which the bill was committed (with report intact), reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 16 V.S.A. chapter 1, subchapter 9 is added to read: Subchapter 9. Hazing § 151. POLICY Each Vermont educational institution shall adopt a written anti-hazing policy prohibiting any organization, student or person associated with any educational institution from engaging in any activity that can be described as hazing as defined in this subchapter. The policy shall be substantially as set forth in this subchapter, but the sanction or penalty shall be in the discretion of the educational institution. § 152. DEFINITIONS As used in this section: (1) “Educational institution” means a public or independent school in this state or in another state which offers all or part of a secondary school education in grades 9-12, or a postsecondary school in this state or in another 231 TUESDAY, APRIL 20, 1999 state which offers or operates a program of college or professional education for credit or a degree. (2) “Pledge” means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in any organization. (3) “Pledging” means any action or activity related to becoming a member of an organization. (4) “Student” means any person who: (A) is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation. (5) “Organization” means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members are primarily students at an educational institution, and which is operating under the sanction of or recognized as an organization by an educational institution. (6) “Hazing” means any intentional, knowing, or reckless act, directed against a student, that causes mental impairment or bodily injury to a student and that is for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. Such act may occur on or off the campus of an educational institution and may be by one person alone or acting with others. The term includes each of the following: (A) Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity. (B) Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student. (C) Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm.

JOURNAL OF THE SENATE 232 (D) Any activity that threatens the student with extreme mental stress or that causes a student to leave an educational institution rather than submit to the acts described in this subsection. (E) Any activity that induces, causes, or requires the student to perform a duty or task which involves the commission of a crime or an act of hazing. (7) Hazing shall not include any activity that is normal and customary in a program sanctioned by an educational institution, including athletics, physical education, military training, or other similar programs. § 153. HAZING (a) A person commits the act of hazing if the person does any of the following: (1) Engages in hazing. (2) Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing. (3) Intentionally, knowingly, or recklessly permits hazing to occur. (b) It is not a defense in an action under this section that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. § 154. CIVIL PENALTY; JUDICIAL BUREAU; WAIVER PENALTY (a) A person who commits the act of hazing shall be subject to a civil penalty of not more than $1,000.00. (b) Any law enforcement officer may issue a summons and complaint for an act of hazing, which shall be heard by the judicial bureau pursuant to the procedures provided in chapter 29 of Title 4. (c) The administrative judge shall appoint a panel of judicial bureau hearing officers to establish a waiver penalty for an act of hazing. (d) Nothing in this section shall limit or affect the right of an educational institution to enforce its own penalties against hazing. § 155. REPORT BY EDUCATIONAL INSTITUTION TO LAW ENFORCEMENT AGENCY An act of hazing shall be reported by the educational institution to a municipal, county or state law enforcement agency if there is reason to believe a crime was committed. § 156. SANCTION OR PENALTY 233 TUESDAY, APRIL 20, 1999 (a) Each Vermont educational institution shall provide a program for the enforcement of its hazing policy and shall adopt an appropriate administrative penalty or sanction for any violation of its policy. (b) Such penalty or sanction shall include revocation or suspension for any organization to operate on the property of the educational institution or receive any other benefit of affiliation with the educational institution if that organization authorizes, permits, or otherwise condones hazing. § 157. DISTRIBUTION OF POLICY Each educational institution shall cause to be distributed to each student during the first three weeks of each semester a summary of the provisions of this section and the institution’s anti-hazing policy. § 158. CRIMINAL PROSECUTION AND CIVIL ACTION Nothing in this subchapter shall limit or preclude a criminal prosecution for any criminal or civil action based on any act that may constitute hazing. And that when so amended 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 amended as recommended by the Committee on Education? on motion of Senator Shumlin, the Senate adjourned until three o’clock and thirty minutes in the afternoon. AFTERNOON The Senate was called to order by the President. Rules Suspended; Bills Messaged On motion of Senator Shumlin, the rules were suspended and the following bills were ordered messaged to the House forthwith: H. 60, H. 233, H. 550. Consideration Resumed; Bill Amended; Third Reading Ordered Consideration was resumed on Senate bill entitled: S. 76. An act relating to the crime of hazing. Thereupon, pending the question, Shall the bill be amended as recommended by the Committee on Education? Senator Ankeney, on behalf of the Committee on Education, requested and was granted leave to withdraw the recommendation of amendment of the Committee on Education. Thereupon, pending the question, Shall the bill be amended as recommended by the Committee on Judiciary? Senator McCormack moved to

JOURNAL OF THE SENATE 234 amend the recommendation of amendment of the Committee on Judiciary, as follows: First: In Sec. 1, in §153 of 16 V.S.A., by striking out subsection (b) in its entirety and in subsection (a) by striking out the designation “(a)”. Second: In Sec. 1, in 16 V.S.A. by striking out §154 in its entirety and renumbering the remaining statutory sections to be numerically correct. Thereupon, the second amendment of Senator McCormack to the recommendation of amendment of the Committee on Judiciary was disagreed to on a roll call, Yeas 9, Nays 21. 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: Backus, Bahre, Canns, MacDonald, McCormack, Munt, Ptashnik, Rivers, Spaulding. Those Senators who voted in the negative were: Ankeney, Bartlett, Bloomer, Brownell, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, Maynard, Mazza, Morrissey, Ready, Riehle, Sears, Shumlin. Thereupon, the first amendment of Senator McCormack to the recommendation of amendment of the Committee on Judiciary was disagreed to on a roll call, Yeas 5, Nays 25. 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, MacDonald, McCormack. Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Brownell, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, Maynard, Mazza, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Thereupon, the recurring question, Shall the bill be amended as recommended by the Committee on Judiciary? was decided in the affirmative. Thereupon, the pending question, Shall the bill be read the third time? was decided in the affirmative on a roll call, Yeas 26, Nays 4. 235 TUESDAY, APRIL 20, 1999 Senator Bloomer, having demanded the yeas and nays, they were taken and are as follows:

JOURNAL OF THE SENATE 236 Roll Call Those Senators who voted in the affirmative were: Ankeney, Bartlett, Bloomer, Brownell, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Backus, Bahre, Canns, McCormack. Rules Suspended; Proposals of Amendment; Third Reading Ordered Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 537. An act relating to the state’s transportation capital program and project development plan. Was taken up for immediate consideration. Senator Mazza, for the Committee on Transportation, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows: First: On page 1, line 19, by adding after the period, the following sentence: The secretary of transportation shall make every effort to ensure that the schedule for each transportation project, as amended by this act, is maintained. Second: On page 5, line 7, by striking “$6,135,990” and by inserting in lieu thereof “$6,635,990” and on line 8, after “$3,220,000” by adding the following: “By striking the federal figure of $2,048,355 and inserting in lieu thereof $2,548,355” Third: On page 5, line 10, by striking the figure “$1,000,000” and inserting in lieu thereof “$1,500,000”, on line 11, by striking the figure “$55,662,911” and inserting in lieu thereof “$55,162,911”, on line 12, by striking the figure “$58,162,911” and inserting in lieu thereof “$57,662,911”, and on line 14, by striking the figure “$11,576,739” and inserting in lieu thereof “$11,076,739” Fourth: On page 5, line 21, by striking “$1,806,296” and inserting in lieu thereof “$1,831,296 and by striking the state figure of $0.00 and inserting in lieu thereof $5,000” and on page 6, line 2, by striking “$1,445,037” and inserting in lieu thereof “$1,465,037” Fifth: On page 6, line 7, by striking “$4,682,000” and inserting in lieu thereof “$4,722,000” and on line 8, by striking “$468,200” and inserting in 237 TUESDAY, APRIL 20, 1999 lieu thereof “$476,200” and on line 9, by striking “$3,745,600 and inserting in lieu thereof “$3,777,600” Sixth: On page 6, after line 10, by adding a new subdivision (b)(12) to read: (12) A new project is added in the rail and aviation program for assistance to the New England Central Railroad. The sum of up to $100,000 is appropriated from federal funds to the agency of transportation rail and aviation program (account # 0408813300) which shall be matched by the New England Central Railroad for preliminary engineering, to make the railroad suitable for double stack traffic, including the tunnel at Bellows Falls. Seventh: On page 6, by adding a new subdivision (b)(13) to read: (13) The schedule for the statewide technical services program is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $6,175,000 and inserting in lieu thereof $6,065,000 respectively, by striking the state figure $2,725,000 and inserting in lieu thereof $2,675,000 and by striking the federal figure $3,450,000 and inserting in lieu thereof $3,390,000. Eighth: On page 6, by adding a new subdivision (b)(14) to read: (14) The schedule for the statewide enhancements program is amended as follows: in budget year fiscal year 2000 by striking the figure “other” and the total figure of $4,890,243 and inserting in lieu thereof $4,640,243 respectively, and by striking the state figure $250,000. Ninth: On page 6, by adding a new subdivision (b)(15) to read: (15) The schedule for program “other” statewide project development is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $4,381,845 and inserting in lieu thereof $4,331,845 respectively, and by striking the state figure $2,892,965 and inserting in lieu thereof $2,842,965. Tenth: On page 6, by adding a new subdivision (b)16) to read: (16) The schedule for program for the statewide maintenance program is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $43,628,956 and inserting in lieu thereof $43,378,956 respectively, and by striking the state figure $36,428,956 and inserting in lieu thereof $36,178,956. Eleventh: On page 6, by adding a new subdivision (b)(17) to read:

JOURNAL OF THE SENATE 238 (17) The schedule for the statewide airport master plan is deleted and the agency of transportation shall enter this project under aeronautical on the development and evaluation list. Twelfth: On page 6, by adding a new subdivision (b)(18) to read: (18) A new project is added in the rail and aviation program for the state airport in Franklin County to install an automated surface observation system. The sum of $200,000 is appropriated to the rail and aviation program (account #04088133001) from the transportation fund for that purpose. Thirteenth: On page 6, by adding a new subdivision (b)(19) to read: (19) A new project is added in the rail and aviation program for the state airport in Caledonia County to install an automated surface observation system. The sum of $200,000 is appropriated to the rail and aviation program (account #04088133001) from the transportation fund for that purpose. Fourteenth: On pages 8 and 9, by striking Secs. 5 and 6 and inserting in lieu thereof new Secs. 5 and 6 to read: * * * Central Garage * * * Sec. 5. 19 V.S.A. § 13 is amended to read: § 13. CENTRAL GARAGE REVOLVING FUND (a) There is created a central garage revolving fund which shall be used: (1) to furnish equipment on a rental basis to the districts and other sections of the agency for use in construction, maintenance and operation of highways or other transportation activities; and (2) to provide a general equipment repair and major overhaul service as well as furnish necessary supplies for the operation of the equipment; and (3) to provide storage facilities. (b) New additional equipment as distinguished from new replacement equipment shall not be acquired except by legislative approval. To maintain a safe, reliable equipment fleet, new or replacement highway maintenance equipment may be acquired, using internal equipment funds, lease, lease- purchase or other funding methods determined to be in the best interests of the state. The agency is authorized to acquire replacement pieces for existing highway equipment, or new, additional equipment equivalent to equipment already owned, as dictated by mission requirements; however, the agency shall not increase the total number of permanently assigned or authorized motorized or self-propelled vehicles without legislative approval. 239 TUESDAY, APRIL 20, 1999 (c) In each fiscal year, net income of the fund earned during that fiscal year shall be retained in the fund. (d) The fiscal year of the central garage for computing net worth and net income shall be the year ending June 30. (e) Annually the auditor of accounts shall conduct an examination of the central garage revolving fund and report his or her findings in accordance with 32 V.S.A. § 163(5). (f) For purposes of this section, “equipment” means registered motor vehicles and highway maintenance equipment assigned to the central garage revolving fund. Sec. 6. LEASE-PURCHASE OF REPLACEMENT HEAVY EQUIPMENT To relieve the problem of obsolete maintenance equipment, the agency of transportation is authorized to purchase up to $5,000,000 of replacement equipment, using the “lease-purchase” method. Funds required for lease payments shall derive from revenue acquired and designated for the central garage revolving fund. Fifteenth: On page 9, by striking Sec. 7 and inserting in lieu thereof a new Sec. 7 to read: Sec. 7. ACQUISITION AND REHABILITATION OF BOSTON & MAINE RAILROAD LINE FROM WHITE RIVER JUNCTION TO WELLS RIVER (a) The secretary of transportation, as agent for the state of Vermont, is authorized to acquire the Boston and Maine Corporation’s railroad line between Hartford (White River Junction) and Newbury (Wells River), to lease the line for continued railroad operation and to assist with rehabilitating the line to repair washouts and to remedy deferred maintenance. (b) For the purposes of subsection (a) of this section, the agency may add a new project to the transportation capital program for fiscal year 1999. (c) Notwithstanding any other law to the contrary, should an agreement be reached for acquiring the Boston and Maine Corporation’s railroad line between Hartford (White River Junction) and Newbury (Wells River), the secretary of transportation is authorized and directed to transfer an amount of any unexpended state funds appropriated to the agency of transportation in FY 1999 to the rail, air and public transit appropriation line, excluding funds appropriated for town highways, up to the amount required for such acquisition and rehabilitation of the line to repair washouts and to remedy deferred maintenance. The amount transferred to the rail, air and public transit

JOURNAL OF THE SENATE 240 appropriation line shall be used for the purposes contained in subsection (a) of this section. (d) Prior to the release of any funds in accordance with subsection (c) of this section, the secretary of transportation shall brief the joint fiscal committee on the details of the acquisition and committee approval shall be necessary before the expenditure of any funds. Sixteenth: On page 10, by striking Sec. 8 and inserting in lieu thereof a new Sec. 8 to read: Sec. 8. 5 V.S.A. chapter 57 is added to read: CHAPTER 57. RAIL PASSENGER SERVICE LIABILITY INSURANCE § 3201. DEFINITIONS The following words and phrases as used in this chapter shall have the following meanings: (1) “Rail passenger service” shall include all services performed by a railroad pursuant to a contract with the state of Vermont in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines owned or leased by any such railroad. (2) “Railroad” shall include any person, company or other legal entity in the business of providing rail transportation, including but not limited to the Chittenden County transportation authority created under Act No. 122 of 1973, a mass transportation authority or regional transit district created under 24 V.S.A. chapter 127, or the Vermont transportation authority created under 29 V.S.A. chapter 16, which contracts with the state of Vermont for the provision of rail passenger services. § 3202. RAILROAD LIABILITY INSURANCE Agreements between the state of Vermont and a railroad for the provision of rail passenger service shall provide for the state of Vermont or the railroad to secure and maintain a railroad liability insurance policy covering the liability for property damage, personal injury, bodily injury and death arising out of the rail passenger service. The insurance policy shall name the railroad as named insured, and the state of Vermont as an additional insured, shall have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually, and shall be subject to self-insured retention in an amount determined by the commissioner of buildings and general services. In no event shall any named insured or additional insured be liable in excess of the coverage limits of the insurance policy for any and all 241 TUESDAY, APRIL 20, 1999 claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury and death arising out of the rail passenger service. § 3203. NONWAIVER OF IMMUNITY This chapter shall not be construed as a waiver of any existing governmental or official immunity that otherwise might be asserted by the state of Vermont, its political subdivisions or any of their officers or employees. Seventeenth: On page 14, by adding a new Sec. 12a to read: Sec. 12a. ALTERNATIVE METHODS OF VEGETATION CONTROL ALONG RAILROAD RIGHTS-OF-WAY; ACCEPTANCE OF FEDERAL GRANT (a) The agency of transportation may accept from the United States Department of Transportation, Federal Transit Administration, a grant of up to $250,000, as authorized by the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105-277, 112 Stat. 2681, 2681-452 (Oct. 21, 1998), for a survey of alternative methods of vegetation control along railroad rights-of-way. (b) The agency of transportation shall administer the grant in consultation with the department of agriculture, food and markets and may enter into grant agreements with one or more railroads operating in Vermont. Eighteenth: On page 16, by adding a new Sec. 15a to read: Sec. 15a. VERMONT TRANSPORTATION AUTHORITY The Vermont Transportation Authority shall determine the costs associated with operating passenger rail service between St. Albans, Vermont and Montreal, Quebec. The authority shall report its finding to the Senate committee on transportation on January 15, 2000. Nineteenth: On page 16, by adding a new Sec. 16a to read: Sec. 16a. RUTLAND STATE AIRPORT (a) The sum of $125,000 is appropriated to the agency of transportation rail and aviation program (account #0408813300) from the transportation fund, to be used to mitigate the adverse impact of the Federal Aviation Administration’s new Doppler VOR system on adjacent properties (lots 13 and 14) in the Airport Industrial Park owned by the Rutland Economic Development Corporation (REDC). REDC shall remit to the agency of transportation any monies received from the sale, lease or development of lots 13 and 14 up to the sum of $125,000.

JOURNAL OF THE SENATE 242 (b) The agency of transportation is directed to enter into a land exchange with the John A. Russell Corporation whereby Lot 15 in the REDC Industrial Park (owned by the John A. Russell Corporation) is deeded to the state of Vermont, agency of transportation, and land located adjacent to the main runway at the Rutland airport currently owned by the state of Vermont, agency of transportation, is permitted and deeded to the John A. Russell Corporation. The value of the land to be conveyed to the John A. Russell Corporation shall be comparable to the value of Lot 15 to be conveyed to the agency of transportation, said value of lot 15 to be determined without giving effect to the impact the installation of the DVOR system at the airport will have upon Lot 15. Twentieth: On page 17, line 21, after the word “commissions” by adding the following: “the Chittenden County Metropolitan Planning Organization,” Twenty-first: On page 21, by adding a new Sec. 23a to read as follows: Sec. 23a. PILOT PROJECT; ROUTE 7; PERMIT STUDY (a) The general assembly finds that Route 7 is a portion of the National Highway System that has been under significant strain for many years due to steadily increasing truck and automobile traffic without sufficient improvements in many areas to adequately safeguard the travelling public. The general assembly further finds that the construction of such improvements is long overdue, and that it is in the public interest for such improvements that can be made within the general corridor of Route 7 to be constructed with all deliberate speed, consistent with federal and state laws. (b) The agency of transportation, the agency of natural resources, and the agency of commerce and community development shall take all steps necessary to ensure that the construction of roadway improvements on Route 7 necessary to provide adequate safety to the travelling public is commenced no later than the close of the 2000 construction season. The secretaries of these agencies shall cooperate fully to ensure the success of this project, and the secretary of administration shall provide whatever necessary assistance can be provided consistent with the law. (c) The secretaries of the agencies mentioned in subsection (b) of this section shall report to the legislature by January 15, 2000 on their progress in meeting the goal of this section and on whether systemic or structural changes, including changes to the permit process for transportation projects, are advisable as a result of the experience gained under this section. Twenty-second: On page 22, line 10, after “Agencies,” by adding the following: “the Chittenden County Metropolitan Planning Organization,” and on page 24, by striking line 15 and inserting in lieu thereof the following: 243 TUESDAY, APRIL 20, 1999 “organizations, the regional planning commissions and the Chittenden County Metropolitan Planning Commission.” Twenty-third: On page 21, line 20, by adding before the word “In” the following: “(a)” and on page 22, after line 2, by adding the following: (b) The sum of $60,000 is appropriated from the transportation fund to the agency of transportation policy and planning program (account #0408811900) to offset fiscal year 2000 operations and maintenance costs of the Rutland multimodal center. This appropriation is contingent upon the certification by the commissioner of buildings and general services to the secretary of transportation that a satisfactory agreement has been executed by all parties with the commissioner relating to the rental, operation, maintenance and fiscal management of the Rutland multimodal center. Twenty-fourth: On page 25, by adding a new Sec. 26a to read as follows: Sec. 26a. PUBLIC TRANSIT CAPITAL COST ALLOWANCES The agency of transportation shall establish for fiscal year 2001, a policy for state cost allowances for public transit capital purchases. Such cost allowances are intended to establish the maximum amount that the state will fund, utilizing federal and state funds for the purchase of public transit capital items. Twenty-fifth: On page 36, by striking Sec. 35 and by inserting in lieu thereof a new Sec. 35 to read: Sec. 35. TRANSPORTATION FUND TRANSFERS Notwithstanding any other provisions of law, the fiscal year 1999 unreserved undesignated transportation fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 1999, is hereby transferred as follows: (1) First, the necessary portion of the balance shall be transferred to the transportation fund budget stabilization reserve to attain its statutory maximum. (2) Second, of any remaining fund balance after subdivision (1) of this section, up to $1,100,000 shall be appropriated to the department of finance and management for the purchase of the new state finance system. Twenty-sixth: On page 37, by striking lines 17 through 21 and inserting in lieu thereof the following: (2) Site design of a possible Vermont welcome center in Bennington at the systems interchange of Routes U.S. 7 and VT Route 9. Construction of the infrastructure of this facility shall be coordinated with the construction of the

JOURNAL OF THE SENATE 244 interchange by the agency of transportation under project BENNINGTON NH - F 019-1(5). Twenty-seventh: On page 38, by striking lines 1 and 2 and “(B)” on line 3 and by adding after line 5 a new subdivision (3) to read as follows: (3) The department of buildings and general services is authorized to operate rest areas, information and welcome centers as state or private facilities. Twenty-eighth: On page 38, by striking Sec. 41 Twenty-ninth: On page 38, by striking Sec. 41c Thirtieth: On page 38b, by adding new Secs. 41e, 41f and 41g to read as follows: * * * Highway Signs * * * Sec. 41e. 10 V.S.A. § 494(6) is amended to read: The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title: * * * (6) Official traffic control signs, including signs on limited access highways consistent with the manual on uniform traffic control devices, adopted under 23 V.S.A. § 1025, directing people to official state visitor information centers, nonprofit museums, fairgrounds or exposition sites or nonprofit diploma granting educational institutions for the people who are language delayed and postsecondary educational institutions, subject to rules adopted by the travel information council that: (A) are open a minimum of 120 days each year, and (B) are located within fifteen 15 miles of an interstate highway exit, and (C) reimburse the agency of transportation for the actual cost of fabrication, installation and yearly maintenance. Sec. 41f. TRANSITION PROVISION All signs erected pursuant to 10 V.S.A. § 494(13) and in place before passage of this act shall be removed no later than November 30, 2001. Sec. 41g. REPEAL; REDESIGNATION (a) 10 V.S.A. § 490 (types and arrangement of signs) is repealed. 245 TUESDAY, APRIL 20, 1999 (b) 10 V.S.A. § 490a (types and arrangement of signs) is redesignated as 10 V.S.A. § 490. (c) 10 V.S.A. § 494(13) (supplemental guide signs) is repealed. Thirty-first: On page 38b, by adding a new Sec. 41h to read as follows: Sec. 41h. 10 V.S.A. § 495(e) is added to read: (e) Except on those highways maintained exclusively by the agency of transportation and on limited access facilities, the limitation established by subsection (d) of this section shall not apply to the signs and devices referred to in subdivisions 494(9) and (11) of this title. Thirty-second: On page 38b, by adding a new Sec. 41i to read as follows: * * * Municipal Highway Building Equipment - Registration Exemption * * * Sec. 41i. 23 V.S.A. § 4(19) is amended to read: Except as may be otherwise provided herein, and unless the context otherwise requires in statutes relating to motor vehicles and enforcement of the law regulating vehicles, as provided in this title and part 5 of Title 20, the following definitions shall apply: * * * (19) "Motorized highway building equipment" shall include all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, compressors, power shovels, excavators, dumptors, concrete mixers, bucket loaders, snow loaders, rooters and scarifiers, except road oilers and bituminous distributors, which contain as an integral part thereof and within the same unit facilities for generating motor power for propelling the same and while being used exclusively for the building, repair or maintenance of highways, or being transported or moved from job to job in connection with the building, repair or maintenance of highways; or, for purposes of registration only, if owned and operated by a municipality, while being used exclusively for municipal purposes; however, the town road commissioner, or comparable municipal officer, shall report annually to the legislative body of the municipality that the equipment is in good repair; tractors used exclusively as a power unit in drawing road making appliances or in the transportation of same or of such tractor from job to job in connection with the building, repair or maintenance of highways; Thirty-third: On page 38b, by adding a new Sec. 41j to read as follows:

JOURNAL OF THE SENATE 246 * * * Corridor Preservation * * * Sec. 41j. CORRIDOR PRESERVATION (a) On or before January 15, 2000, the agency of transportation shall provide the Senate and House committees on transportation with a corridor preservation action plan addressing the following: (1) development of access category standards; (2) development of design and construction standards and specifications; and (3) use of the agency of transportation’s existing rulemaking authority under 19 V.S.A. § 1111(b). (b) In preparing its action plan, the agency of transportation shall consult with municipalities, the Chittenden County Metropolitan Planning Organization and, in regions other than Chittenden County, with the regional planning commissions. Thirty-fourth: On page 38b, by adding a new Sec. 41k to read as follows: * * * Review of Roadway Projects * * * Sec. 41k. CONTINUED REVIEW OF ROADWAY PROJECTS During the remainder of calendar year 1999, the agency of transportation shall continue to work with the Chittenden County Metropolitan Planning Organization and, in regions other than Chittenden County, with the regional planning commissions to develop and apply criteria for identifying those roadway projects that merit advancement to the construction phase, given a realistic assessment of fiscal constraints, staff resources, environmental permitting and other relevant factors. In accordance with Sec. 2 of this act, the agency shall present the general assembly, on or before January 15, 2000, with a list of those roadway projects recommended for cancellation. Thirty-fifth: On page 38b, by adding a new Sec. 41m to read as follows: * * * Expediting Right-of-Way Acquisition * * * Sec. 41m. 19 V.S.A. § 507(a) is amended to read: (a) At the time and place appointed for the hearing, the court, consisting of the superior judge signing the order or the other superior judge as may be assigned and, if available within the meaning of 4 V.S.A. § 112, the assistant judges of the county in which the hearing is held shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the land to be taken or affected appears and objects to the necessity of taking the land included within the survey or any part of the survey, then the court 247 TUESDAY, APRIL 20, 1999 shall require the agency of transportation to proceed with the introduction of evidence of the necessity of the taking. The burden of proof of the necessity of the taking shall be upon the agency of transportation and shall be established by a fair preponderance of the evidence, and the exercise of reasonable discretion upon the part of the agency shall not be presumed, except that the agency shall be entitled to a presumption that it is reasonably necessary to acquire land and rights lying within 66 feet of either side of the centerline of any route that has been designated as part of the National Highway System by the United States Department of Transportation under 23 U.S.C. § 103(b). The court may cite in additional parties including other property owners whose interest may be concerned or affected and shall cause to be notified, the legislative body of all adjoining cities, towns, villages, or other municipal corporations affected by any taking of land or interest in land based on any ultimate order of the court. The court shall make findings of fact and file them and any party in interest may appeal under the rules of appellate procedure adopted by the supreme court. The court shall, by its order, determine whether the necessity of the state requires the taking of the land and rights as set forth in the petition and may find from the evidence that another route or routes are preferable in which case the agency shall proceed in accordance with section 502 of this title and this section and may modify or alter the proposed taking in such respects as to the court may seem proper. Thirty-sixth: On page 38b, by adding a new Sec. 41n to read as follows: * * * Town Highway Grants * * * Sec. 41n. TOWN HIGHWAY GRANTS There is appropriated $2,000,000 from the transportation fund to the agency of transportation for the town highway grant program. Thirty-seventh: On page 38b, by adding a new Sec. 41o to read as follows: * * * Project Development Process * * * Sec. 41o. PROJECT DEVELOPMENT PROCESS (a) The agency of transportation, in consultation with the agency of natural resources and the division for historic preservation within the agency of commerce and community development, shall review the interagency processes related to transportation project approval, develop measures to expedite transportation projects that are currently in the agency of transportation’s project development process and identify state statutes and rules that delay construction of transportation projects. (b) The agency of transportation, in consultation with the agency of natural resources and the division for historic preservation within the agency of

JOURNAL OF THE SENATE 248 commerce and community development, shall establish an appropriate timetable for each project to move onto the next phase of the project development process for those projects currently in the agency of transportation’s project development process. The agency of transportation shall sort all of the transportation projects in the agency of transportation’s project development process according to where they are in the process. (c) The agency of transportation shall report on their efforts and progress in complying with subsections (a) and (b) of this section to the joint transportation oversight committee. Such reports shall begin prior to August 1, 1999 and shall be on a monthly basis until the end of the calendar year. The task force shall submit a final report to the Senate Committee on Transportation no later than January 15, 2000, identifying legislative or administrative action needed to improve the project development process. Thirty-eighth: On page 38b, by adding a new Sec. 41p to read as follows: * * * Chittenden County Circumferential Highway * * * Sec. 41p. CHITTENDEN COUNTY CIRCUMFERENTIAL HIGHWAY (VT 289) On or before January 15, 2000, the agency of transportation shall provide the Senate and House committees on transportation with a coordinated action plan for the remainder of the Chittenden County Circumferential Highway (VT 289), including, but not limited to, the estimated time frames for obtaining or renewing environmental permits and completing right-of-way acquisition. Thirty-ninth: On page 38b, by adding a new Sec. 41q to read as follows: * * * Highway Garages * * * Sec. 41q. HIGHWAY GARAGES (a) The sum of $2,512,350 is appropriated from the transportation fund to the department of buildings and general services for the agency of transportation for: (1) Colchester (Chimney Corners), highway garage complex, design and construction: $1,582,350. (2) Waitsfield, highway garage complex, construction: $ 600,000. (3) Ludlow, highway garage complex, construction: $ 330,000. (b) The sum of $150,000 appropriated by Sec. 17(a)(3) of No. 148 of the Acts of 1997 (Adjourned Session) (transportation facility) is reallocated to the department of buildings and general services for design and construction of the Derby highway garage complex. 249 TUESDAY, APRIL 20, 1999 (c) The commissioner of buildings and general services, with the approval of the secretary of transportation, may transfer funds between individual projects authorized in this section. Fortieth: On page 38b, by adding a new Secs. 41r and 41s to read as follows: * * * Paving Program; Liquidated Damages * * * Sec. 41r. 19 V.S.A. § 10c(j) is added to read: (j) Upon final payment of a contract with the agency of transportation which contains liquidated damages from a paving contractor for failure to complete work on time, 50 percent of the damages shall be paid by the agency of transportation to the town or towns in which the work was not completed on time. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of uncompleted work. Sec. 41s. LIQUIDATED DAMAGES; PAVING PROJECTS AFFECTED The provisions of Sec. 41r of this act shall affect paving projects funded in fiscal year 1999 and thereafter. Forty-first: On page 38b, by adding a new Sec. 41t to read as follows: * * * Information Centers * * * Sec. 41t. INFORMATION CENTERS (a) There is appropriated $100,000 from the transportation fund to the department of buildings and general services for the design and construction of a downtown information center pilot project in White River Junction. The department of buildings and general services shall not build any other downtown information centers until the effectiveness of the White River Junction downtown information center is determined. On January 15, 2001, the department of buildings and general services shall report to the senate committee on transportation on the effectiveness of the White River Junction downtown information center. (b) There is appropriated $100,000 from the transportation fund to the department of buildings and general services for the interior fit-up of welcome and information centers. Forty-second: On page 38b, by adding a new Sec. 41u to read as follows:

JOURNAL OF THE SENATE 250 * * * Riding Bicycles on Roadway * * * Sec. 41u. 23 V.S.A. § 1139(b) is amended to read: (b) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or except as otherwise permitted by the commissioner of public safety in connection with a public sporting event in which case the commissioner shall be authorized to adopt such rules as the public good requires. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. Forty-third: On page 38b, by adding a new Sec 41v to read as follows: * * * Transportation Enhancement Advisory Authority * * * Sec. 41v. TRANSPORTATION ENHANCEMENT ADVISORY COMMITTEE (a) The Vermont transportation enhancement advisory committee is created and shall be comprised of the secretary of transportation or his or her designee, a representative from the division of historic preservation, one member to be appointed by the secretary of transportation to represent the tourism and marketing industry, a representative of the agency of natural resources, three municipal representatives designated by the Vermont league of cities and towns, two members from the house designated by the speaker and two members from the senate designated by the committee on committees. Municipal and legislative members shall serve concurrently for two-year terms and the initial appointments of these members shall be made in a manner which allows for them to serve a full legislative biennium. In the event a municipal or legislative member ceases to serve on the committee prior to the full term, the appointing authority shall fill the position for the remainder of the term. The committee shall, to the greatest extent practicable, encompass a broad geographic representation of Vermont. (b) There is appropriated $2,000,000 in federal funds for fiscal year 2000 to the agency of transportation project development program (account # 0408810700) for the local enhancement program. The transportation enhancement advisory committee shall review all of the enhancement applications funded under this section, as well as all future enhancement applications. For fiscal year 2001 and thereafter, at least 75 percent of the minimum surface transportation apportionment enhancement set-aside shall be expended on transportation projects that have been reviewed by the transportation enhancement advisory committee. Forty-forth: On page 38b by adding a new Sec. 41w to read: 251 TUESDAY, APRIL 20, 1999 * * * Town Culverts * * * Sec. 41w. TOWN CULVERTS The agency of transportation shall determine which culverts located on town highways throughout the state were originally installed as a requirement for the construction of the interstate highway system. The agency shall conduct an examination of town culverts starting with the towns first affected by the construction of the interstate highway system and the examination shall include consultation with the appropriate town officials. The agency shall report to the senate committee on transportation, on or before January 15, 2000, the number and location of such culverts in each town. Forty-fifth: On page 39, by renumbering Sec. 42 to be Sec. 43 and by adding a new Sec. 42 to read: * * * Sunset Provision * * * Sec. 42. SUNSET The provisions of Sec. 7 of this act shall expire on January 1, 2000. Forty-sixth: On page 39, by striking subsection (a) of renumbered Sec. 43 and inserting in lieu thereof the following: “(a) Secs. 1(b)(12), (18) and (19), 16a, 20, 25(b), 35, 41a, 41b, 41n, 41q, 41t, and 41v shall take effect July 1, 1999.” And by renumbering all sections of the bill to be numerically correct. And that the bill ought to pass in concurrence with such proposals of amendment. Senator Ide, for the Committee on Appropriations, to which the bill was referred, reported that the bill ought to pass in concurrence. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and, pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Transportation? Senator Mazza, on behalf of the Committee on Transportation, moved to amend the proposals of amendment of the Committee on Transportation and that the Senate further propose to the House to amend the bill, as follows: First: In Sec. 26, page 24, by adding a new subdivision (a)(17) to read as follows: (17) An examination of the Chittenden County Transportation Association and such examination shall include, but not be limited to, the existing governance structure, the use of local, state and federal funds, the requirements for new communities to receive transit services, the plan for

JOURNAL OF THE SENATE 252 expanding transit services to communities currently not receiving such services and the impact of all of the above on the provision of transit services on a countywide basis. The examination shall also review the integration of transit services with other modes of travel. Second: In the thirty-ninth proposal of amendment, in Sec. 41q, subsection (b), by striking “1997” and inserting in lieu thereof “1998” Third: In the fortieth proposal of amendment, by striking Secs. 41r and 41s and inserting new Secs. 41r and 41s to read as follows: * * * Paving Program * * * Sec. 41r. 19 V.S.A. § 10c(j) is added to read: (j) Upon final payment of a paving contract with the agency of transportation which contains liquidated damages from a paving contractor for failure to complete work on time, such damages shall be paid by the agency of transportation to the town or towns in which the work was not completed on time. In no case shall the liquidated damages paid to a town or towns exceed the state share of those liquidated damages for that paving project. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of the state share of uncompleted work. Sec. 41s. LIQUIDATED DAMAGES; PAVING PROJECTS AFFECTED The provisions of Sec. 41r of this act shall affect paving projects commenced in the 1999 construction season and thereafter. Fourth: By adding a new section to be numbered Sec. 41x to read as follows: Sec. 41x. Sec. 93 of No. 1 of the Acts of 1999 is amended to read: Sec. 18. TRANSPORTATION FUND APPROPRIATIONS In fiscal year 1999, the maximum amount of transportation funds that may be appropriated for the support of government, other than for the Agency of Transportation, transportation pay act funds, the cost of maintaining and staffing interstate rest areas, and transportation debt service, shall not exceed 25% of the total of the prior fiscal year transportation fund appropriations. In fiscal year 2000 and thereafter, the maximum amount of transportation funds that may be appropriated for the support of government, other than for the Agency of Transportation, transportation pay act funds, the cost of maintaining and staffing interstate rest areas, construction of transportation capital facilities used by the agency of transportation, and transportation debt service, shall not exceed 24.5% of the total of the prior fiscal year transportation fund 253 TUESDAY, APRIL 20, 1999 appropriations (less amounts appropriated that are supported by indirect cost reimbursement from federal agencies). Fifth: By adding a new section to be numbered Sec. 41y to read as follows: * * * Ticket To Ride * * * Sec. 41y. TICKET TO RIDE PROGRAM The sum of $45,000 is appropriated from federal funds to the agency of transportation for reimbursement of eligible expenses for the Ticket to Ride program operating in Washington County for direct transportation services for the elderly and disabled. Sixth: In the forty-sixth proposal of amendment, after “41t” by striking the word “and” and after “41v” by inserting the following: , and 41y Which was agreed to. Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Transportation, as amended? Senator Mazza, on behalf of the Committee on Transportation, requested and was granted leave to withdraw the sixteenth proposal of amendment of the Committee on Transportation. Thereupon, the first through fifteenth, seventeenth through forty-first, and forty-third through forty-sixth proposals of amendment of the Committee on Transportation were collectively agreed to. Thereupon, the forty-second proposal of amendment of the Committee on Transportation was severally agreed to on a division of the Senate, Yeas 20, Nays 8. Thereupon, pending the question, Shall the bill be read the third time? Senator Ready moved that the Senate further propose to the House to amend the bill in Sec. 1, subsection (b), by adding a new subdivision (20) (relating to funding for the Bennington Bypass) to read as follows: (20) In the project development program (roadway projects) statewide project by amending budget year fiscal year 2000 as follows: by striking the total figure $5,382,600 and inserting in lieu thereof $2,305,000 and by striking the state figure $697,532 and inserting in lieu thereof $115,250 and by striking the federal figure $4,685,068 and inserting in lieu thereof $2,189,750. Which was disagreed to on a roll call, Yeas 2, Nays 26. Senator Brownell, having demanded the yeas and nays, they were taken and are as follows:

JOURNAL OF THE SENATE 254 Roll Call Those Senators who voted in the affirmative were: McCormack, Ready. Those Senators who voted in the negative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, Morrissey, Munt, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators absent and not voting were: Canns, Chard. Thereupon, the recurring question, Shall the bill be read the third time? was decided in the affirmative. Bill Called Up Senate bill of the following title was called up by Senator Bartlett, and, under the rule, placed on the Calendar for action tomorrow: S. 139. An act to increase the minimum wage. Adjournment On motion of Senator Shumlin, the Senate adjourned until one o’clock in the afternoon on Wednesday, April 21, 1999.

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