The Senate Was Called to Order by the President s1

Journal of the Senate ______TUESDAY, MARCH 30, 1999 The Senate was called to order by the President. Devotional Exercises Devotional exercises were conducted by the Reverend Ward Wilson of Wells River. 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. Bertrand, its Second Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has passed bills of the following titles: H. 66. An act relating to obtaining search warrants for surveillance equipment on private property. H. 420. An act relating to health insurance. H. 451. An act relating to confidentiality of HIV reporting. 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. 66. Joint resolution congratulating the 1999 Prudential Spirit of Community Award Winners from Vermont. J.R.H. 67. Joint resolution congratulating the Townshend Public Library on its centennial anniversary. J.R.H. 68. Joint resolution congratulating the Woodstock Union High School 1999 champion athletic and forensic teams. In the adoption of which the concurrence of the Senate is requested.

352 Printed on 100% Recycled Paper JOURNAL OF THE SENATE 97 The House has considered Joint Resolutions originating in the Senate of the following titles: J.R.S. 38. Joint resolution relating to congratulating Robert R. Pellon on his retirement as a legislative doorkeeper. J.R.S. 40. Joint resolution relating to weekend adjournment. And has adopted the same in concurrence. The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: H. 130. An act relating to providing adjustments in the amounts appropriated for the support of government And has accepted and adopted the same on its part. 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 bills of the following titles: H. 41. An act relating to children coping with separation and divorce. H. 180. An act relating to agricultural credit. H. 532. An act relating to professions and occupations. H. 550. An act relating to changing the name of the Town of Sherburne to the Town of Killington. 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. 112. An act relating to the medical practice board. 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. Rusten of Halifax Rep. Sweaney of Windsor Rep. Richardson of Weathersfield 98 TUESDAY, MARCH 30, 1999 Committee Bill Introduced Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice tomorrow: By the Committee on Judiciary, S. 206. An act relating to law enforcement access to 911 information in emergencies. Bills Referred House bills of the following titles were severally read the first time and referred: H. 41. An act relating to children coping with separation and divorce. To the Committee on Judiciary. H. 66. An act relating to obtaining search warrants for surveillance equipment on private property. To the Committee on Judiciary. H. 180. An act relating to agricultural credit. To the Committee on Agriculture. H. 420. An act relating to health insurance. To the Committee on Health and Welfare. H. 451. An act relating to confidentiality of HIV reporting. To the Committee on Health and Welfare. H. 532. An act relating to professions and occupations. To the Committee on Government Operations. H. 550. An act relating to changing the name of the Town of Sherburne to the Town of Killington. To the Committee on Government Operations. 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. 66. Joint resolution congratulating the 1999 Prudential Spirit of Community Award Winners from Vermont. Whereas, the Prudential Life Insurance Company and the National Association of Secondary School Principals annually present the Prudential

JOURNAL OF THE SENATE 99 Spirit of Community Awards to young persons in all 50 states who have committed themselves to organizing and implementing a volunteer activity that has positively benefited their respective communities, and Whereas, each of these award winners engaged in his or her selected endeavor without any personal motivation or desire to seek public recognition, and Whereas, Brad Luck, a 17-year old senior at Essex High School established the Essex Teen Center as a place where his contemporaries could gather for regular and special events, and Whereas, Brad led a $45,000.00 fundraising drive, secured the location and was instrumental in developing a center whose innovative program schedule has attracted a visit from U.S. Attorney General Janet Reno, and Whereas, Patty Schultz, a 13 year-old eighth grader at Mount Anthony Union Middle School, has for the last two years volunteered as an instructor at a therapeutic horse-riding program, and Whereas, through this activity, she has brought a bit of hope and a desire to succeed to many physically challenged children, and Whereas, in addition to these two state finalists who will travel to a national award’s ceremony in Washington, D.C., two other outstanding Vermont young persons were recognized as distinguished finalists in the awards’ competition, and Whereas, one of these finalists was Garrett Graff, a 17-year old senior at Montpelier High School, who created the “492 Challenge” as an effort to motivate all the students in his high school to perform a weekly hour of community service, and Whereas, the other distinguished finalist in Vermont is Jamaica Burns, a 17-year old senior at Middlebury Union High School, who established an animal awareness club at her high school that works with the Addison County Humane Society to promote the proper treatment of animals, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly takes great pride in congratulating each of these outstanding young Vermonters who have been awarded a 1999 Prudential Spirit of Community Award, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Brad Luck of Essex Junction, Patty Schultz of North Bennington, Garrett Graff of Montpelier and Jamaica Burns of Middlebury. 100 TUESDAY, MARCH 30, 1999 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. 67. Joint resolution congratulating the Townshend Public Library on its centennial anniversary. Whereas, in the waning moments of the twentieth century, the Townshend Public Library commemorates the conclusion of its own first century of serving the citizens of Townshend, with a literary menu that has educated, enlightened and entertained readers both young and old, and Whereas, the original home of the Townshend Public Library, when, in 1899, it triumphantly inaugurated its invaluable community role, was a small corner of the Townshend grade school, and Whereas, as the library’s collection expanded, both in quantity and bibliographic scope, it moved across the common to a more commodious location at the Townshend Town Hall, and Whereas, by the late 1960’s, the library had once again become spatially confined, and in 1969, it commenced a new existence in a building constructed exclusively for the library’s use and longevity, and Whereas, the staff and trustees of the Townshend Public Library are rightfully proud of their facility’s extensive reference and children’s departments which are vital cornerstones for a thriving public library, and Whereas, the Townshend Public Library is far more than a fine edifice housing an admirable collection of books and periodicals; it is also a community center which provides a convenient meeting place for many local events and organizations, and Whereas, Townshend librarian Marilee Attley directs the daily operations of the library in an incomparable manner that has brought great credit to this venerable community institution, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: That the General Assembly is pleased to congratulate the staff, trustees, and patrons of the Townshend Public Library, who have striven to create a very special place that on its centennial anniversary is as vital a community resource as the day in 1899 when this very special public library initially opened, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Marilee Attley at the Townshend Public Library.

JOURNAL OF THE SENATE 101 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. 68. Joint resolution congratulating the Woodstock Union High School 1999 champion athletic and forensic teams. Whereas, the students of Woodstock Union High School have excelled in their athletic and intellectual pursuits, garnering four impressive state championships during the current academic year, and Whereas, the Woodstock Wasps Division II boys’ basketball team concluded the season by winning 13 consecutive games, and repeated as state champions by soundly defeating the Randolph Galloping Ghosts by the score of 69-56, and Whereas, the teamwork of the entire Wasp squad, including Caleb Turner, Ryan Kilcullen, Jacob Crane, Lucas Ballard, Jordan Witko, Patrick Franzen, Jesse Moore, Frederick Turner, Kenneth Hinchey, Christopher Hoskinson, Shane Lawton and Scott Sargent, and the leadership of Coach Wayne Ramey and Assistant Coach Scott Winham all contributed to the well-deserved Division II championship title, and Whereas, in alpine skiing competition Coach Karen Dalury was leading the outstanding Wasp Boys’ and Girls’ teams to triumphant seasons as state champions, and Whereas, the boys’ team included Jonathan Souter, Benjamin LeBreque, Benjamin Brettel, Scott Dunn, Michael Cronin, Edward Kinney, Joseph Dunn, Colby Stetson, Patrick Clunnan and Samuel Shallow, and Whereas, the Wasp girls’ team included Kristin Pontecorvo, Suki Dalury, Cassandra Savelberg, Julia Brettel and Ashleigh Tucker, and Whereas, while the alpine skiers and boys’ basketball team were garnering their state championships, the Woodstock Union High School Forensics Team demonstrated that their skills in the art of public speaking were second to none, as they were crowned state champions, and Whereas, the forensic team members included Leah Cole, Drew Cummings, Tita Ferick, Megan Hike and Aiden O’Neil who were under the expert guidance of Coach Gordon Ladd, now therefore be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES: 102 TUESDAY, MARCH 30, 1999 That the General Assembly is delighted to congratulate the multi-talented championship teams of Woodstock Union High School, and be it further RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Coaches Wayne Ramey, Karen Dalury and Gordon Ladd at Woodstock Union High School. Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow. Third Reading Ordered Senator Morrissey, for the Committee on Government Operations, to which was referred Senate bill entitled: H. 543. An act relating to the Vermont Veterans’ Home. 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. Bill Read Second Time; Ordered to Lie Senator Brownell, for the Committee on Government Operations, to which was referred Senate bill entitled: S. 62. An act relating to regulation of public assemblies. Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 20 V.S.A. § 4501 is amended to read: § 4501. DEFINITIONS As used in this chapter: (1) "permit" means a written statement, issued by the commissioner of public safety or his designee permit officer, authorizing the holding of a commercial public assembly under stated conditions as to time, place and manner; (2) "permit officer" means the commissioner of public safety or officer designated by him the commissioner to issue permits, or the legislative body of a political subdivision that has demonstrated to the commissioner that: (A) an ordinance and process for issuing permits is in place locally; and

JOURNAL OF THE SENATE 103 (B) the commissioner has been notified in writing that the political subdivision has assumed jurisdiction of issuing permits for public assemblies held within that political subdivision; * * * [Text Not Reproduced] * * * (5) "commercial public assembly" or "assembly" means a gathering of two thousand or more individuals in a public place which the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value; * * * [Text Not Reproduced] * * * Sec. 2. 20 V.S.A. § 4502 is amended to read: § 4502. PERMIT; WHEN TO OBTAIN Any person who intends to hold or organizes or promotes a commercial public assembly shall obtain a permit to do so. Sec. 3. 20 V.S.A. § 4511 is amended to read: § 4511. PENALTIES (a) A person who wilfully: (1) violates a condition imposed in a permit to hold an assembly with knowledge of the provision; or (2) conducts, organizes or promotes an assembly without applying for a permit, may be fined not more than $2,000.00, or imprisoned for not more than two years, or both. (b) In the case of a permit issued by a political subdivision, the political subdivision may elect to enforce its ordinance under the provisions of this section or as a violation of its ordinance. Sec. 4. 24 V.S.A. § 2291(20) is added to read: (20) To regulate public assemblies in accordance with, and to the extent authorized by, the provisions of chapter 201 of Title 20. 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 Government Operations? on motion of Senator Backus the bill was ordered to lie. 104 TUESDAY, MARCH 30, 1999 Joint Resolution Adopted on the Part of the Senate Joint Senate resolution entitled: J.R.S. 41. Joint resolution urging the United States Congress to enact the Retirement Portability Account Act introduced by Senator James Jeffords. Having been placed on the Calendar for action, was taken up. Thereupon, the pending question, Shall the joint resolution be adopted on the part of the Senate? was decided in the affirmative. Joint Resolutions Adopted in Concurrence Joint House resolution entitled: J.R.H. 64. Joint resolution honoring registered nurses. 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. 65. Joint resolution requesting the Governor and the Vermont Congressional Delegation to support the White River Junction Veterans’ Administration Medical and Regional Office Center (VAMROC), to strengthen its capacity to provide Vermont’s veterans with medical care and benefit services, to serve as a premier teaching facility, and to engage in essential research to benefit veterans and the practice of medicine in Vermont. 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. Committee of Conference Appointed The President laid before the Senate, House bill entitled: H. 112. An act relating to the medical practice board. And, pursuant to the request of the House, announced the appointment of Senator Doyle Maynard Ankeney as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

JOURNAL OF THE SENATE 105 Adjournment On motion of Senator Shumlin, the Senate adjourned until one oclock and thirty minutes in the afternoon on Wednesday, March 31, 1999.