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									      Journal of the Senate
                               ________________
                        THURSDAY, MARCH 28, 2002
   The Senate was called to order by the President pro tempore.
                             Devotional Exercises
  Devotional exercises were conducted by the Reverend Angel Silva of
Orange.
                       Message from the House No. 39
   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 adopted a Joint Resolution
of the following title:
   J.R.H. 237. Joint resolution congratulating Sylvia Fraser on her retirement
as the Norwich public librarian.
   In the passage of which the concurrence of the Senate is requested.
             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 Mazza,
   J.R.S. 126. Joint resolution relating to weekend adjournment.
   Resolved by the Senate and House of Representatives:
   That when the two Houses adjourn on Friday, March 29, 2002, it be to meet
again no later than Tuesday, April 2, 2002, at ten o’clock in the forenoon.
                   Senate Resolutions Placed on Calendar
                                       S.R. 23.
   Senate resolution of the following title was offered, read the first time and is
as follows:
   By Senators Doyle, Cummings, and Scott,
   S.R. 23. Senate resolution congratulating the United Church of Cabot on its
bicentennial.
                                       636
                           Printed on 100% Recycled Paper
                        THURSDAY, MARCH 28, 2002                           637
   Whereas, in August 1801, the local citizenry in Cabot formed the
Congregational Religious Society which was formally incorporated the
following October, and
   Whereas, while the institutional structure was established for the holding of
worship services and the gathering of the congregation for other religious
purposes, construction of the church’s physical edifice, in the center of Cabot,
did not commence until 1804, and
   Whereas, the spiritual needs of the community took precedence over the
church’s physical home, as the building was merely a frame until 1812, when it
became suitable for summer worship, and
   Whereas, the lack of a year-round abode did not deter the congregation, as it
found the homes of its parishioners to be conducive locations for prayer, and
   Whereas, in 1826, the still-incomplete building was relocated to Cabot
Village, and
   Whereas, the church was moved to its current location in 1849 after
construction was completed, and
   Whereas, the religious diversity of Cabot was reflected in the 1830
construction of a Methodist Church, and
   Whereas, the Methodist Church was rebuilt and moved in 1852, and
   Whereas, religious harmony prevailed in Cabot as the two congregations
merged in 1928 as the United Church of Cabot, and alternated their services
between the two buildings, and
  Whereas, in 1938, the Methodist Church concluded its role as a house of
worship, and the organ, chandelier and other furniture were moved to the
Congregational Church building which has served as the United Church’s
home ever since, and
   Whereas, time capsules marking important milestones in the church’s
history were buried in 1901 on the occasion of the church’s centennial, and
again in 1951 when its 150th anniversary was observed, and
   Whereas, the United Church of Cabot’s handsome edifice, which includes
beautiful stained glass windows, houses a still-vibrant religious community
which, in 2001, marked the bicentennial of the congregation’s founding and
incorporation, now therefore be it
   Resolved by the Senate:
  That the Senate of the State of Vermont congratulates the United Church of
Cabot on the occasion of its bicentennial, and be it further
638                       JOURNAL OF THE SENATE
   Resolved: That the Secretary of the Senate be directed to send a copy of
this resolution to Marvie Domey at the United Church of Cabot.
   Thereupon, in the discretion of the President pro tempore, under Rule 51,
the resolution was placed on the Calendar for action tomorrow.
                                      S.R. 24.
   Senate resolution of the following title was offered, read the first time and is
as follows:
   By Senator Doyle, Cummings, and Scott,
  S.R. 24. Senate resolution congratulating the 2002 Spaulding Union High
School Crimson Tide Division II state championship girls ice hockey team.
   Whereas, Spaulding Union High School’s superlative women’s ice hockey
team improved throughout the season, with a record of 18-4-1, to gain the
number one seed in the inaugural state championship tournament, and
   Whereas, it defeated Rice and Missisquoi on the way to the state final, and
    Whereas, in the championship game, Spaulding faced off against Northfield
for the fourth time this season, and emerged victorious, 6-0, bringing home the
first Division II state girls ice hockey championship, and
  Whereas, three seniors on the team, Melissa Cox, Casey Greemore and
Calley Picken, were selected to play in the Essex Rotary Club’s senior all-star
game, and
   Whereas, two players, Casey Greemore and Sophie Leclerc, were selected
to participate in the New England Yankee Conference All Star Festival in
Burlington, March 29-31, and
  Whereas, one player, Casey Greemore, was selected to help represent
Vermont in the Make-a-Wish game against New Hampshire on July 13, and
   Whereas, team members on the offense, Andrea Hutchins, Johanna LaPerle,
Jackie LeBlanc, Andee Hulbert, Ashley Thygesen, Molly Gardner, Emily
Belcher, Dominique Lafond, Meagan Noury, and on the defense, Ashley
White, Morgan Bancroft, Lauren McKinstry, and Karissa Trepanier also
contributed significantly all season to the success of the team, and
  Whereas, goalies Sarah LeClair and Hillary Hirt denied opponents access to
Spaulding’s goal all season long, and
  Whereas, they had the support and help of their managers, Logan Henry and
Andrew Trembley, and
   Whereas, coaches Dave Lamarre and Brad Bessette ably guided the team to
this historic victory, now therefore be it
                         THURSDAY, MARCH 28, 2002                           639
   Resolved by the Senate:
  That the Senate of the State of Vermont congratulates the Spaulding Union
High School Crimson Tide 2002 Division II championship women’s ice
hockey team, and be it further
   Resolved: That the Secretary of the Senate be directed to send copies of
this resolution to Shawn Woods, Athletic Director of Spaulding Union High
School, and Dave Lamarre and Brad Bessette, coaches at Spaulding Union
High School.
   Thereupon, in the discretion of the President pro tempore, under Rule 51,
the resolution was placed on the Calendar for action tomorrow.
                    Joint Resolution Placed on Calendar
                                    J.R.H. 237.
    Joint resolution originating in the House of the following title was read the
first time and is as follows:
  Joint resolution congratulating Sylvia Fraser on her retirement as the
Norwich public librarian.
    Whereas, a public library is a community’s bibliographic gateway to
innumerable reference and literary resources which provide valued information
and pleasure for a diverse patronage, ranging from schoolchildren to senior
citizens, and
   Whereas, an essential ingredient for a successful public library is the
librarian, whose public and technical service duties are at the core of the
library’s daily operations, and
   Whereas, for the last 18 years, Sylvia Fraser has served as the outstanding
librarian at the Norwich Public Library, and
   Whereas, her personal efforts have spearheaded the continuing development
and high quality of the library’s collection and user-support services, and
   Whereas, in 1958, Sylvia Foxwoerth Fraser earned a degree in library
science from the University of South Carolina, and
   Whereas, beginning in 1972, her generous offer to volunteer her time and
expertise at the Norwich Public Library was gratefully accepted, and
   Whereas, Sylvia’s presence proved an invaluable addition to the library, and
   Whereas, when the Norwich Public Library was searching for a replacement
for its retiring librarian, she was the obvious choice, and
640                      JOURNAL OF THE SENATE
   Whereas, over the past 18 years, Sylvia has maintained the Norwich Public
Library’s statewide reputation for excellence in all its services, and
  Whereas, the town of Norwich is grateful for Sylvia’s wonderful work as a
public librarian, and is saddened by the news of her impending retirement, and
  Whereas, Sylvia’s husband of 38 years, Jack, one of the proprietor of
Norwich’s incomparable Dan and Whits General Store, and her daughters
Wendy, Cindy and Scheri, are all looking forward to having more family time,
now therefore be it
  Resolved by the Senate and House of Representatives:
   That the General Assembly is pleased to congratulate Sylvia Fraser, one of
Vermont’s foremost public librarians, on the occasion of her retirement from
the Norwich Public Library, and wishes her every future success, and be it
further
   Resolved: That the Secretary of State be directed to send a copy of this
resolution to Sylvia Fraser in Norwich.
   Thereupon, in the discretion of the President pro tempore, under Rule 51,
the joint resolution was placed on the Calendar for action tomorrow.
 Rules Suspended; Committees Relieved of Further Consideration; Bills
                            Committed
                                     S. 287.
   On motion of Senator Chard, the rules were suspended, and S. 287 was
taken up for immediate consideration, for the purpose of relieving the
Committee on Health and Welfare from further consideration of the bill.
Thereupon, pending entry on the Calendar for notice tomorrow, the Senate bill
entitled:
  An act relating to sympathomimetic medications for students, on motion of
Senator Chard, was committed to the Committee on Education.
                                    H. 722.
    On motion of Senator McCormack, the rules were suspended, and H. 722
was taken up for immediate consideration, for the purpose of relieving the
Committee on Natural Resources and Energy from further consideration of the
bill. Thereupon, pending entry on the Calendar for notice tomorrow, the
House bill entitled:
   An act relating to the Vermont department of tourism and marketing
regional marketing program, on motion of Senator McCormack, was
committed to the Committee on General Affairs and Housing.
                         THURSDAY, MARCH 28, 2002                          641
  Proposal of Amendment; Bill Passed in Concurrence with Proposals of
                             Amendment
                                      H. 749.
  House bill entitled:
  An act relating to redistricting the house of representatives.
  Was taken up.
   Thereupon, pending third reading of the bill, Senator Morrissey moved that
the Senate propose to the House to amend the bill by adding two new sections
to be numbered Secs. 4 and 5 to read as follows:
Sec. 4. REPEAL
   17 V.S.A. § 1881 (Apportionment of Senators – number to be elected) is
repealed.
Sec. 5. 17 V.S.A. § 1881a is added to read:
§ 1881a. SENATORIAL DISTRICTS; NUMBER TO BE ELECTED
  Senatorial districts with two senators to be elected from each are as follows:
     (1) Addison senatorial district, composed of the towns of Addison,
Panton, Bridport, Ferrisburgh, Charlotte, Monkton, Vergennes, Waltham,
Cornwall, New Haven, Weybridge, Middlebury, Salisbury, Leicester, Brandon,
Goshen, Hancock, Ripton, Bristol, Lincoln, Starksboro and Granville.
     (2) Bennington senatorial district, composed of the towns of Rupert,
Dorset, Peru, Landgrove, Sandgate, Manchester, Winhall, Arlington,
Sunderland, Shaftsbury, Glastenbury, Bennington, Woodford, Searsburg,
Wilmington, Pownal, Stamford, Readsboro and Whitingham.
     (3) Burlington senatorial district, composed of the City of Burlington.
      (4) Caledonia senatorial district, composed of the towns of Sutton,
Sheffield, Wheelock, Stannard, Walden, Cabot, Hardwick, Peacham, Groton,
Topsham, Corinth, West Fairlee, Fairlee, Bradford, Newbury, Ryegate, Barnet,
Waterford, Danville, St. Johnsbury, Lyndon, Kirby, Burke and Newark.
     (5) Chittenden-Grand Isle senatorial district, composed of the towns of
Colchester, Winooski, Milton, South Hero, Grand Isle, North Hero, Isle
LaMotte and Alburg.
      (6) Chittenden senatorial district, composed of the towns of Williston,
Jericho, Richmond, Hinesburg, St. George, Shelburne and South Burlington.
642                     JOURNAL OF THE SENATE
     (7) Essex-Orleans senatorial district, composed of the towns of Canaan,
Lemington, Bloomfield, Brunswick, Maidstone, Guildhall, Lunenburg,
Concord, Victory, East Haven, Brighton, Lewis, Averill, Ferdinand, Granby,
Warren’s Gore, Warner’s Grant, Avery’s Gore, Norton, Holland, Morgan,
Charleston, Derby, Newport Town, Newport City, Troy, Jay, Richford,
Montgomery, Westfield, Lowell, Coventry, Irasburg, Albany, Craftsbury,
Eden, Wolcott, Greensboro, Glover, Barton, Brownington and Westmore.
     (8) Franklin senatorial district, composed of the towns of Berkshire,
Franklin, Highgate, Swanton, Sheldon, Enosburg, Bakersfield, Fairfield, St.
Albans Town, St. Albans City, Georgia and Fairfax.
     (9) Lamoille senatorial district, composed of the towns of Fletcher,
Waterville, Belvidere, Cambridge, Johnson, Hyde Park, Morristown,
Underhill, Westford and Essex.
     (10) Orange senatorial district, composed of the towns of Barre City,
Barre Town, Orange, Northfield, Williamstown, Washington, Roxbury,
Brookfield, Chelsea, Vershire, Braintree, Randolph, Tunbridge and Stratford.
     (11) Rutland senatorial district, composed of the towns of Shoreham,
Whiting, Orwell, Sudbury, Benson, Hubbardton, Pittsford, West Haven, Fair
Haven, Castleton, Proctor, West Rutland, Rutland City, Rutland Town and Ira.
     (12) Rutland-Windsor senatorial district, composed of the towns of
Rochester, Bethel, Chittenden, Pittsfield, Stockbridge, Mendon, Killington,
Plymouth, Ludlow, Mount Holly, Wallingford, Tinmouth, Wells, Middletown
Springs, Poultney, Shrewsbury, Clarendon, Pawlet, Danby, Mount Tabor,
Weston, Andover, Chester and Springfield
     (13) Washington senatorial district, composed of the towns of Stowe,
Bolton, Huntington, Buel’s Gore, Warren, Waitsfield, Fayston, Duxbury,
Moretown, Berlin, Montpelier, East Montpelier, Middlesex, Plainfield,
Marshfield, Calais, Woodbury, Elmore, Worcester and Waterbury.
      (14) Windham senatorial district, composed of the towns of Vernon,
Guilford, Halifax, Marlboro, Brattleboro, Dummerston, Newfane, Dover,
Somerset, Stratton, Wardsboro, Brookline, Putney, Westminster, Athens,
Townshend, Jamaica, Londonderry, Windham, Grafton and Rockingham.
     (15) Windsor senatorial district, composed of the towns of Royalton,
Sharon, Thetford, Norwich, Barnard, Pomfret, Hartford, Bridgewater,
Woodstock, Hartland, Reading, West Windsor, Windsor, Cavendish, Baltimore
and Weathersfield.
  Which was disagreed to on a roll call, Yeas 10, Nays 18.
                       THURSDAY, MARCH 28, 2002                         643
   Senator Morrissey 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, Corrow, Costes, Crowley, Greenwood, Ide, Maynard, Morrissey.
  Those Senators who voted in the negative were: Ankeney, Bartlett,
Campbell, Chard, Condos, Cummings, Doyle, Gossens, Illuzzi, Kittell, Leddy,
Lyons, Mazza, McCormack, Munt, Scott, Sears, Snelling.
  Those Senators absent or not voting were: Shumlin (presiding), Welch.
  *Senator Bloomer explained his vote as follows:
   “Mr. President: I vote yes not because the plan is perfect - indeed it has
many problems - but because the citizens of Vermont do not want us here in
June working on reapportionment. By passing a bill which would contain
plans for both the Senate and House I believe we would facilitate timely
adjournment.”
   Thereupon, the bill was read the third time and passed in concurrence with
proposals of amendment on a roll call, Yeas 17, Nays 11.
   Senator Sears having demanded the yeas and nays, they were taken and are
as follows:
                                 Roll Call
   Those Senators who voted in the affirmative were: Ankeney, Bartlett,
Bloomer, Campbell, Chard, Condos, Cummings, Doyle, Gossens, Kittell,
Leddy, Lyons, McCormack, Morrissey, Munt, Scott, Sears.
  Those Senators who voted in the negative were: Bahre, Canns, Corrow,
Costes, Crowley, Greenwood, Ide, Illuzzi, Maynard, Mazza, Snelling.
  Those Senators absent or not voting were: Shumlin (presiding), Welch.
                               Adjournment
   On motion of Senator Mazza, the Senate adjourned until one o’clock and
thirty minutes in the afternoon.
                                 Afternoon
  The Senate was called to order by the President pro tempore.
644                        JOURNAL OF THE SENATE
                                   Bill Passed
   Senate bill of the following title was read the third time and passed:
                                      S. 245.
   An act relating to making it clear that a municipality may use sewer
allocation authority to implement its municipal plan.
                           Bill Amended; Bill Passed
                                      S. 264.
   Senate bill entitled:
   An act relating to promotion of energy efficiency and renewable electric
energy.
   Was taken up.
  Thereupon, pending third reading of the bill, Senator Bloomer moved to
amend the bill as follows:
   First: In Sec. 2, 30 V.S.A. § 8002(2), by adding a new subdivision (C) to
read:
        (C) For purposes of this chapter, hydroelectric power may be
considered renewable.
   Second: In Sec. 2, 30 V.S.A. § 8003(c), by adding a new sentence at the end
of the subsection to read: Any renewable pricing program shall require that any
costs of power in excess of the company’s alternative cost of power shall be
borne solely by those customers who elect to participate in the renewable
pricing program.
   Third: In Sec. 2, 30 V.S.A. § 8004 (g) at the end of the subsection by
adding the following: In order to limit potential rate impacts of this standard,
the board may set an alternative payment to be made in lieu of acquiring
tradeable credits under this standard. Such alternative payments shall be made
in a manner directed by the Board and shall be used for the purposes set out in
this section.
   Which was agreed to.
   Thereupon, pending third reading of the bill, Senator Leddy moved to
amend the bill by adding two new sections to be numbered Secs. 4a and 4b to
read as follows:
Sec. 4a. 32 V.S.A. § 8902(12) is added to read:
      (12)(A) “Alternative fuel vehicle” means a self-propelled vehicle that is
registered and titled in this state for operation on the highways, that meets
                         THURSDAY, MARCH 28, 2002                                 645
emission standards established for the California Super Ultra Low Emissions
Vehicle (SULEV), and that is propelled primarily by:
            (i) Liquefied petroleum gas.
            (ii) Natural gas.
            (iii) Hydrogen.
            (iv) Electricity.
            (v) Solar energy.
          (B) “Alternative fuel vehicle” does not include bifuel vehicles, which
are capable of operating on either gasoline or an alternative fuel but are not
capable of operating on a mixture of two or more fuel types; but it does include
dedicated vehicles, which are vehicles that are capable of operating only on a
single alternative fuel. If the vehicle is powered by electricity, it may include
an onboard auxiliary motor that is designed and used to recharge batteries.
          (C) “Alternative fuel vehicle” does not include vehicles such as a
golf cart, an implement of husbandry, a motorized wheelchair, or a forklift,
that are not designed primarily for operation on highways.
Sec. 4b. 32 V.S.A. § 8911 is amended to read:
§ 8911. EXCEPTIONS
   The tax imposed by this chapter shall not apply to:
                                       ***
      (21) alternative fuel vehicles, as defined in section 8902 of this title.
   Which was disagreed to.
   Thereupon, the bill was read the third time and passed on a roll call, Yeas
27, Nays 1.
   Senator Gossens having demanded the yeas and nays, they were taken and
are as follows:
                                    Roll Call
   Those Senators who voted in the affirmative were: Ankeney, Bartlett,
Bloomer, Campbell, Canns, Chard, Condos, Corrow, Costes, Crowley,
Cummings, Doyle, Gossens, Ide, Illuzzi, Kittell, Leddy, Lyons, Maynard,
Mazza, McCormack, Morrissey, Munt, Scott, Sears, Snelling, Welch.
   Those Senators who voted in the negative were: Bahre.
646                     JOURNAL OF THE SENATE
   Those Senators absent or not voting were: Greenwood, Shumlin
(presiding).
                        Bill Passed in Concurrence
                                    H. 723.
   House bill of the following title was read the third time and passed in
concurrence:
  An act relating to state of Vermont marketing database applications.
                     Rules Suspended; Bill Messaged
   On motion of Senator Mazza, the following bill was ordered messaged to
the House forthwith:
  H. 749.
                               Adjournment
   On motion of Senator Mazza, the Senate adjourned until eleven o’clock in
the morning.

								
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