House Calendar
FRIDAY, JANUARY 17, 2003
10th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Consent Calendar for Concurrent Resolutions
The following joint concurrent resolutions will be adopted automatically unless a member requests floor consideration before the end of today’s legislative session. Requests for floor consideration should be communicated to the Clerk’s office or to a member of the Clerk’s office staff.
H.C.R. 1
House concurrent resolution congratulating Zachary A. Gazzaniga of Boy Scout Troop 205 in Sharon upon earning the rank of Eagle Scout
Offered by: Representative Adams of Hartland
Offered by: Senators Campbell, Dunne and Welch
Whereas, scouting is a movement that challenges, inspires, and guides young people toward high achievements and high values as expressed in the Scout oath, law, motto, and slogan, and
Whereas, Eagle is the highest rank in Boy Scouting, and requires mastery of difficult challenges in diverse areas, and
Whereas, to become an Eagle Scout requires demonstration of good character and community service, and
Whereas, only a minority of scouts ever achieves this special accomplishment, and
Whereas, Zachary A. Gazzaniga of Sharon has demonstrated a special commitment to the Boy Scouts, and has worked with great diligence to successfully complete the requirements for the rank of Eagle, and
Whereas, for his Eagle community service project, Zachary taught solar and mechanical engineering concepts to a fifth grade class as a prelude to these Sharon Elementary School students participating in the Junior Solar Sprint Program, and
Whereas, at a recentlyheld Eagle court of honor, Zachary was formally inducted into this special fraternity of extraordinary Boy Scouts, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates Zachary Gazzaniga on attaining the rank of Eagle Scout, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Zachary Gazzaniga in Sharon.
H.C.R. 2
House concurrent resolution congratulating Matthew D. Baldwin of Boy Scout Troop 205 in Sharon upon earning the rank of Eagle Scout
Offered by: Representative Adams of Hartland
Offered by: Senators Campbell, Dunne and Welch
Whereas, scouting is a movement that challenges, inspires, and guides young people toward high achievements and high values as expressed in the Scout oath, law, motto, and slogan, and
Whereas, Eagle is the highest rank in Boy Scouting, and requires mastery of difficult challenges in diverse areas, and
Whereas to become an Eagle Scout requires demonstration of good character and community service, and
Whereas, only a minority of scouts ever achieves this special accomplishment, and
Whereas, Matthew Baldwin of Sharon has demonstrated a special commitment to the Boy Scouts, and has worked with great diligence to successfully complete the requirements for the rank of Eagle, and
Whereas, for his Eagle community service project, Matthew raised funds for, and then supervised the construction of, six picnic tables located at different sites in the town of Sharon, and
Whereas, at a recentlyheld Eagle court of honor, Matthew was formally inducted into this special fraternity of extraordinary Boy Scouts, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates Matthew D. Baldwin on attaining the rank of Eagle Scout, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Matthew Baldwin in Sharon.
H.C.R. 3
House concurrent resolution honoring Brian R. Kent of Sharon on becoming an Eagle Scout
Offered by: Representative Adams of Hartland
Offered by: Senators Campbell, Dunne and Welch
Whereas, scouting is a movement that challenges, inspires, and guides young men toward high achievements and high values as expressed in the Scout oath, law, motto, and slogan, and
Whereas, the rank of Eagle is the highest rank in Boy Scouting, and
Whereas, attainment of Eagle rank requires mastery of difficult challenges in diverse areas, and
Whereas, attainment of Eagle rank also requires demonstration of good character and community service, and
Whereas, attainment of Eagle rank not only indicates difficult achievement itself, but also demonstrates the courage and tenacity to pursue a goal over a long period of time, and
Whereas, attainment of Eagle rank confers upon the Eagle Scout an honor that will dignify him for the rest of his life, and
Whereas, only a minority of scouts ever attains this rank, and
Whereas, Brian Kent, who is a member of Troop # 205 in Sharon, has attained the rank of Eagle Scout, and
Whereas, Brian was presented his Eagle Scout award at an Eagle recognition ceremony held in Sharon this past November, and
Whereas, Brian, a student at HartfordHigh School, completed a special service project promoting the flying of the American flag in Sharon, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates Brian R. Kent for his special achievement of attaining the rank of Eagle Scout, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Brian Kent in Sharon.
H.C.R. 4
House concurrent resolution congratulating the 2002 Bellows Falls Union High School Terriers’ Division II championship football team
Offered by: Representatives Obuchowski of Rockingham, Darrow of Dummerston, Deen of Westminster and Partridge of Windham
Whereas, the Bellows Falls Union High School Terriers’ undefeated football team, affectionately known as the Purple Curtain, met the Spaulding Union High School Crimson Tide to vie for the 2002 Division II championship title, and
Whereas, the contest began on an exciting note as quarterback Kyle Thibodeau returned the Crimson Tide’s opening kick for a breathtaking 92 yards to immediately place the Terriers on the scoreboard, and
Whereas, by the early third quarter, the Terriers had developed a 19-6 lead when the tireless Thibodeau sprinted for 73 yards, and with able assistance from his colleagues Brandon Allen and Tom Chisamore, widened the Purple Curtain commanding point margin to 26-6, and
Whereas, the amazing Terriers’ quarterback ultimately played a major role in securing 24 of the Purple Curtain’s 33 points, 245 total yards, and was responsible for four of the Terriers’ five touchdowns, and
Whereas, this championship contest will also be remembered for the Crimson Tide’s 24-point offensive surge in the fourth quarter, which nearly changed the game’s conclusion, and
Whereas, despite this unexpected finale, the Purple Gang proved durable and captured the 2002 Division II football title with a 33-30 victory, and triumphantly capped an 11-0 undefeated season, and
Whereas, each football Terrier, including co-captains Brandon Allen and Sean Griffin, and their colleagues Chris Sines, Chris Mack, Matt Brown, Joe Stoodley, Jacob Stoddard, Jacob Lawrence, Brian Chamberlin, Ben Woodbury, Dave Barbarow, Kyle Harper, Zach Howe, Tom Chisamore, Jon Sines, Joel Thurston, Kyle Thibodeau, Chris Dryden, Peter Bates, Dan Walsh, Dean Lansberry, Tim Williams, Justin Lynch, Lyle Aiken, Tristian Crawford, Jason Armstrong, Gordie Jacobs, Louis Garcia, Kyle Pierce, Russell Corliss, John Steuwe, Sean Williams and Tony Boccaccio, played superbly throughout the season, and
Whereas, outstanding Head Coach Bis Bisbee, assistant coaches Bob Lockerby and Jack Cohun, and team managers Mark and Peter Frink served an important role in the Terriers’ triumphant season, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates the 2002 Bellows Falls Union High School Terriers’ Division II championship football team, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Coach Bis Bisbee at BellowsFallsUnionHigh School.
H.C.R. 5
House concurrent resolution congratulating BellowsFallsUnionHigh School women’s basketball coach Jayne Barber on her 300th career victory
Offered by: Representatives Obuchowski of Rockingham, Partridge of Windham, Darrow of Dummerston and Deen of Westminster
Whereas, Jayne Barber, the veteran 22year coach of the Bellows Falls Union High School Terriers women’s basketball team, has inspired a generation of young women to play the game with passion and determination, and
Whereas, when at the young age of 23 she accepted the head coach’s position, she could hardly have imagined her masterful leadership style would lead to a truly illustrious courtside career, and
Whereas, the Terriers have studiously followed Coach Barber’s advice as her teams throughout the 1980s and 1990s, and into the 21st century, have consistently been among the leading contenders for the annual divisional championship and have actually clinched this coveted honor on four occasions, and
Whereas, at the start of the 2001-2002 season, the team moved up from its longtime home in Division II to the more challenging Division I, and
Whereas, despite the more demanding level of competition in the team’s new divisional home, Coach Barber’s Terriers quickly demonstrated their potency as Division I contenders when they continued in postseason play into the final game, and
Whereas, on December 12, 2002, the Terriers were especially prepared to meet their cross-state rivals and three-time divisional championship game opponents, the Fair Haven Slaters, in a personally pivotal contest for Coach Barber as a Terrier win would constitute her 300th career victory, and
Whereas, a gallant team effort, headed by senior twin-sister Terriers Dani and Jevy Rayner, who combined for 38 points, led to a 69-38 Bellows Falls victory and a memorable game for Coach Barber, and
Whereas, based on her impressive 300-161 career coaching record, Coach Barber has earned the accolades of both the Terrier hoopsters and her coaching colleagues from across the state, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly congratulates women’s basketball coach Jayne Barber on her 300th career victory as the superb mentor and guide of the Bellows Falls Union High School Terriers, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Jayne Barber at BellowsFallsUnionHigh School.
S.C.R. 1
By Senators Ide and Campbell
By Representatives Hudson of Lyndon and Crawford of Burke
S.C.R. 1. Senate concurrent resolution commending those persons who assisted at the scene and in the aftermath of the Corner Medical building fire.
Whereas, the Corner Medical building in Lyndon was constructed in 1872 and was originally the community’s elementary school, and
Whereas, for the last decade, Corner Medical has served as a vital outpatient health care facility, becoming affiliated with the DartmouthHitchcock Medical Center in 1995, and
Whereas, shortly before noon on Tuesday, November 19, 2002, smoke suddenly appeared in the building’s cupola, and
Whereas, Dr. John Elliott, a cofounder of Corner Medical, rushed to the fire’s source with the intent of quickly dousing the incipient blaze, but discovered shooting flames, and
Whereas, Corner Medical office manager Paula Gaskin efficiently managed the building’s complete evacuation in under seven minutes, after which Dr. Elliott bravely returned to save historic photos and a school desk, and
Whereas, Lyndonville Fire Chief Greg Hopkins and his crew quickly responded after the fire tone was sounded, as did Lyndon Rescue and fire companies from St.Johnsbury, Sheffield-Wheelock, Sutton, and East Burke while the West Burke fire crews covered, in part, for their busily engaged colleagues, and Waterford and Lisbon, New Hampshire crews stood by to assist, and
Whereas, despite the building’s complete destruction, miraculously neither staff nor patients of Corner Medical nor any public safety personnel were injured, and
Whereas, a second miracle occurred when after the fire’s flames had wrought their devastation, fire crews were able to retrieve, intact, health care records and medical equipment, and
Whereas, the destruction of the former Lyndon Corner Graded School building brought memories to Representative Cola Hudson who, as an employee of the Lyndon school system, had worked in the building, and
Whereas, the administration of the Northeastern Vermont Regional Hospital in St. Johnsbury has graciously agreed to temporarily house their marooned Lyndon colleagues while they search for an interim location, and
Whereas, Dr. Lloyd “Tim” Thompson, also a cofounder of Corner Medical and president of the Vermont Medical Society, is committed to Corner Medical’s continuing service to the residents of Lyndon, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly commends the many individuals, including the medical staff of Corner Medical, the responding fire and rescue companies, and the administration of the Northeastern Vermont Regional Hospital who so valiantly assisted both at the scene and in the aftermath of the Corner Medical fire, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the Corner Medical staff, to the NortheasternVermontRegionalHospital, and to each of the named fire and rescue departments.
NOTICE CALENDAR
Favorable with Amendment
H. 19
An act relating to attempting to elude an enforcement officer while operating a motor vehicle.
Rep. Grad of Moretown, for the Committee on Judiciary, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 23 V.S.A. § 1133 is amended to read:
§ 1133. ATTEMPTING TO ELUDE A POLICE OFFICER
(a) AnNo operator of a motor vehicle who failsshall fail to bring his or her vehicle to a stop in a manner, time and distance that is reasonable under the circumstances when signaled to do so by an enforcement officer:
(1)wearingdisplaying insignia identifying him or her as such,; or
(2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp, shall be imprisoned for not more than six months or fined not more than $500.00, or both.
(b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
(2) In the event that serious bodily injury to any person other than the operator occurs as a direct and proximate result of the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.
(c) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.
(d) As used in this section:
(1) “Operator” includes an operator who, after being signaled to stop under subsection (a) of this section, leaves the vehicle and attempts to elude the officer by other means.
(2) “Serious bodily injury” has the meaning defined in 13 V.S.A. §1021.
(Committee vote: 11-0-0)
J. R. H. 1
Joint resolution requesting the Vermont Attorney
General to investigate the antitrust issues associated with the proposed corporate merger between H. P. Hood, Inc. and National Dairy Holdings.
Rep. Starr of Troy, for the Committee on Agriculture, recommends that the resolution be amended by striking all after the sponsors and inserting in lieu thereof the following:
Whereas, historically, family dairy farms have played a central role in the Vermont economy and continue to perform this role in the 21st century, and
Whereas, Vermont’s agricultural economy generates one-half billion dollars a year from farm receipts and stimulates about $3 billion of economic activity in farm and farm-related businesses, and
Whereas, 74 percent of farm earnings in Vermont comes from milk, and
Whereas, most of Vermont’s dairy farmers are members of regional cooperatives such as St. Albans or Agri-Mark, and
Whereas, nearly all of the milk originating on Vermont’s dairy farms is marketed outside the state’s borders, and
Whereas, in order for a cooperative to obtain the most advantageous price for its milk, the cooperative must participate in the Northeast order under the federal milk marketing order system, and
Whereas, in order to participate in the Northeast order, a designated percentage of a cooperative’s milk must be shipped to fluid milk plants each fall, and
Whereas, for over a century, H.P. Hood Inc., one of New England’s largest milk processors, has been a principal recipient of the milk produced at Vermont’s dairy farms, and
Whereas, H.P. Hood has announced a merger with National Dairy Holdings (NDH) which is a partnership owned by Dairy Farmers of America (DFA) and several other investors, and
Whereas, NDH was created in 2002 and purchased the divested assets from the Dean Foods-Suiza merger, and
Whereas, in connection with the proposed H.P. Hood - NDH merger, DFA is being granted the exclusive right to supply milk to all H.P. Hood plants, including those which Agri-Mark and other cooperatives now supply, and
Whereas, DFA’s proposed exclusive supply agreement with H.P. Hood, along with its existing exclusive supply agreements with other milk processors, such as Dean Foods, will result in DFA controlling a substantial percentage of the milk supply in New England, and
Whereas, because of the expiration of the Northeast Dairy Compact in 2002, and the historically low milk price since the expiration, the state’s dairy industry is already in crisis, and
Whereas, DFA’s proposed role in the New England milk processing market may threaten the continued existence of Vermont’s local cooperatives and the independence of the state’s dairy farmers, and
Whereas, Attorney General William H. Sorrell is continuing an investigation, which was commenced in the fall of 2002, of the antitrust implications of the proposed H.P. Hood - NDH merger, now therefore be it
Resolved by the Senate and House of Representatives: