The Senate Was Called to Order by the President Pro Tempore

Thursday, March 21, 2002 545

Journal of the Senate

______

Thursday, March 21, 2002

The Senate was called to order by the President pro tempore.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Joint Assembly

At ten o’clock and thirty minutes in the morning, the hour having arrived for the meeting of the two Houses in Joint Assembly pursuant to:

J.R.S. 108. Joint resolution providing for a Joint Assembly to vote on the retention of one Superior Judge, one Environmental Judge and three District Judges.

The Senate repaired to the hall of the House.

Having returned therefrom, at twelve o’clock and twenty minutes, the President pro tempore resumed the Chair.

Message from the House No. 35

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. 124. Joint resolution amending the Joint Rules of the Senate and House of Representatives related to joint congratulatory, commendatory and condolence resolutions.

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. 120. Joint resolution congratulating the Oldcastle Theatre Company of Bennington.

And has adopted the same in concurrence.

Joint Resolution Placed on Calendar

J.R.S. 122.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senator Crowley,

J.R.S. 122. Joint resolution congratulating the Fair Haven Union High School Slaters Division II championship boys basketball team.

Whereas, the final 2002 Division II basketball playoff game featured the two most worthy challengers for the championship title, the first-seeded Fair Haven Union High School Slaters and the secondseeded Woodstock Union High School Wasps, and

Whereas, as the Slaters took to the hardwood floor at the Barre Auditorium, they exuded great confidence, having defeated the Wasps twice during regular season competition, and

Whereas, the two tightly matched teams played a highly defensive game through the first three periods and into the fourth quarter, and

Whereas, with only 5:33 remaining in this low-scoring game, the Slaters were trailing 38-33 and in need of a quick offensive infusion, and

Whereas, Fair Haven senior and cocaptain Ryan Manovill, the Slaters’ top scorer in the game with 17 points, ignited a personal scoring spree, first with a two-point basket, followed by successfully engineering two consecutive three-point plays, and

Whereas, these pivotal fourthquarter baskets were the heart of a 12-1 Slater offensive drive in the game’s closing minutes that assured a Slater Division II championship victory, and

Whereas, the Slaters completed the 2001-2002 season with an outstanding record of 22-2, certainly the mark of a championship team, and

Whereas, this great squad of boys basketball players, featuring cocaptains Luke Vadnais and Ryan Manovill, and teammates Chris Knauer, Aaron Ruby, Matt Bean, Ben Hahn, Matt Steinke, Dustin Cummings, Steve Tudhope, Jim Madwick, Eli Clifford, James Dunleavy and Charlie Bartholomew, was a pacesetter on the basketball floor throughout the season, and it greatly appreciated the administrative support of team manager DJ Perry, and

Whereas, Head Coach Peter Porter and Assistant Coach Jack Clifford were always there to assist the players in their championship quest, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the 2002 Fair Haven Union High School Slaters Division II championship boys basketball team, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Peter Porter at Fair Haven Union High School.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Senate Resolutions Placed on Calendar

S.R. 21.

Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Shumlin, Bloomer, Campbell, Condos, Cummings, McCormack, Scott, and Sears,

S.R. 21. Senate resolution urging the United States to increase substantially its proposed contribution to the United Nations’ Global Fund to Fight AIDS, Tuberculosis and Malaria.

Whereas, the scourge of HIV/AIDS continues to manifest its deadly nature on the world’s population, especially in Africa and Asia, and

Whereas, as of the year 2001, worldwide, the staggering AIDS death toll had reached 25 million persons, 40 million were infected, and 13 million children had been orphaned due to AIDS-related deaths, and

Whereas, in the United States, just during the year 2001, 20,000 individuals perished from HIV/AIDS-related illnesses, and approximately 850,000 United States. residents are currently infected with HIV/AIDS, and

Whereas, HIV/AIDS’ victims are highly susceptible to tuberculosis and malaria, which remain potent and deadly diseases, and

Whereas, the United Nations General Assembly was convened in special session in June 2001 “as a matter of urgency” for “review of the problem of HIV/AIDS in all its aspects,” and

Whereas, this special session adjourned after formulating a Declaration of Commitment, subtitled “Global Crisis - Global Action,” and

Whereas, this commitment was the foundation for the establishment of the United Nations Global Fund to Fight AIDS, Tuberculosis and Malaria, and

Whereas, the fund will focus on prevention, education and treatment, and

Whereas, it is estimated a minimum of $7 to $10 billion, beyond current expenditures for each of the next ten years, is the minimum amount required to successfully battle just HIV/AIDS alone, and

Whereas, the United States’ $200 million pledge represents the smallest contribution, by percentage of a nation’s economy, of the world’s wealthiest nations, and is only one-fourth of Italy’s pledge based on per capita gross national product, and

Whereas, the United States’ world leadership must be exercised in combating dreaded diseases as an essential step in the prevention of future terrorism, and

Whereas, an increased United States’ financial contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria will stimulate greater contributions by other nations, and

Whereas, it has been proposed that the United States contribute $1.2 billion as its fair share for fiscal year 2003, now therefore be it

Resolved by the Senate:

That the Senate of the State of Vermont urges the United States Government, in fiscal year 2003, to contribute $1.2 billion to the United Nations’ “Global Fund to Fight AIDS, Tuberculosis and Malaria,” and be it further

Resolved: That the Secretary of the Senate be directed to send copies of this resolution to the President of the United States George W. Bush, Speaker of the U.S. House of Representatives Dennis Hastert, U.S. Senate Majority Leader Tom Daschle and Minority Leader Trent Lott, U.S. House Majority Leader Dick Armey and Minority Leader Richard Gephardt, to the Vermont Congressional Delegation and to Augustus Nasmith in Rutland.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

S.R. 22.

Senate resolution of the following title was offered, read the first time and is as follows:

By Senators Doyle, Cummings, and Scott,

S.R. 22. Senate resolution congratulating the 2002 Spaulding Union High School Crimson Tide Division I boys basketball championship team.

Whereas, Spaulding Union High School’s outstanding Division I boys basketball team repeatedly demonstrated throughout the season its determination to win the championship title, and

Whereas, after handily defeating rival title contenders from Rutland, Colchester and Essex, the Spaulding team was matched against the Brattleboro Colonels for the divisional title, and

Whereas, in the final contest, the Crimson Tide’s secondperiod decision to switch to a 1-3-1 zone defense proved decisive, and

Whereas, once the defensive strategy was altered, the boys from Spaulding were motivated as they executed a 15-0 scoring streak, which enabled them to assume a 29-18 lead, and

Whereas, when the final buzzer sounded at the University of Vermont’s Patrick Gymnasium, the Crimson Tide were victorious, winning the game 6555, and claiming their 12th state basketball championship, and

Whereas, during the playoff series, Spaulding’s opponents averaged 55 points per game, while the Crimson Tide’s equivalent tally was 69, and the comparable season-long statistics were 59.2 and 72 points, respectively, and

Whereas, Crimson Tide team members Michael Perez and David Ball reached the onethousandpoint mark this season, and

Whereas, all season long, Spaulding’s players were an outstanding example of cooperative teamwork, and

Whereas, many members had played together since the sixth grade and

Whereas, the team’s roster of players, Michael Blouin, Kellen George, Kurt Forcier, R.J. Brown, David Ball, Michael Perez, Dominic Vallerand, Chris Tallman, Tyler Thurston, Gregg Allen, Jamieson Pelkey, Alex Ibey, Jessie Blouin, Christ Prevost, and Corey LeBlanc, and able statistician John Adams, each dedicated himself to earning the divisional crown, and

Whereas, outstanding Head Coach Fran Pinard not only celebrated a divisional title as the highlight of his 28th season, he also marked his 400th Crimson Tide coaching victory, and

Whereas, Assistant Coaches David Batchelder, Michael Mislak, Guy Isabelle and Matt Bolles played an important role in the Crimson Tide’s success, now therefore be it

Resolved by the Senate:

That the Senate congratulates the Spaulding Union High School Crimson Tide 2002 Division I championship boys basketball team, and be it further

Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to Fran Pinard at Spaulding Union High School.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

By Senator Mazza,

J.R.S. 123. Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, March 22, 2002, it be to meet again no later than Tuesday, March 26, 2002, at ten o’clock in the forenoon.

Joint Resolution Referred

J.R.H. 124.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution amending the Joint Rules of the Senate and House of Representatives related to joint congratulatory, commendatory and condolence resolutions.

Whereas, the General Assembly, during the last decade, has been adopting an increasingly large number of resolutions that offer congratulations or condolences, and

Whereas, members of the House and Senate have sought to jointly cosponsor congratulatory and condolence joint resolutions, and

Whereas, joint cosponsorship of these congratulatory and condolence joint resolutions is not permitted under the rules of either the Senate or the House or the Joint Rules of the Senate and House of Representatives, and

Whereas, authorizing joint cosponsorships would eliminate duplicate resolutions, and

Whereas, the many congratulatory and condolence resolutions could

be effectively cited in the permanent journals of the House and Senate by title only with a cite to the Acts and Resolves for that year, and

Whereas, implementation of the findings of this resolution would effectuate the desire of members for joint cosponsorship of congratulatory and condolence resolutions, and expedite the editorial work associated with the annual preparation and publication of the permanent Senate and House Journals, now therefore be it

Resolved by the Senate and House of Representatives:

That Rule 16a of the Joint Rules of the Senate and House of Representatives be added to read:

16a. Resolutions that express sentiments of congratulations, commendations, condolences, or the like, and do not address matters related to public policy, the rules and operations of either or both houses of the General Assembly, or other matters, shall be styled as concurrent resolutions, and may be jointly cosponsored by members of the Senate and House. The Senate and House cosponsors shall appear separately on two distinctive sponsorship lists on the concurrent resolution. If members of the Senate and House cosponsor a concurrent resolution, it shall be introduced initially in the legislative body of the primary sponsor. A concurrent resolution shall be cited by title only in the permanent journals of the Senate and House with a cite to the Acts and Resolves for that session unless it has been treated as a bill, subject of a roll call vote, or upon a three-fourths’ majority vote of the Senate or House, in which case, the resolution shall be printed in the permanent journal of the voting legislative body., and be it further

Resolved: That Rule 16b of the Joint Rules of the Senate and House of Representatives be added to read:

16b. Upon introduction, the full text of concurrent resolutions shall be published in the calendar of the legislative body where introduced on the legislative day of introduction. The resolutions shall be considered as adopted, and transmitted to the other body, unless a member of the body requests consideration by the entire body prior to adjournment on the following legislative day., and be it further

Resolved: That Rule 16c of the Joint Rules of the Senate and House of Representatives be added to read:

16c. Upon receipt from the other body, joint concurrent resolutions shall follow the same procedure as set forth in Rule 16b., and be it further

Resolved: That Rule 16d of the Joint Rules of the Senate and House of Representatives be added to read:

16d. The provisions of joint rules 16a, 16b and 16c shall supercede any provision of the Rules and Orders of the Senate or the Rules and Orders of the House of Representatives that is inconsistent with these joint rules.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was treated as a bill and referred to the Committee on Rules.

Consideration Postponed

Senate bills entitled:

S. 245.

An act relating to making it clear that a municipality may use sewer allocation authority to implement its municipal plan.

S. 254.

An act relating to a Vermont health access plan buy-in program.

Were taken up.

Thereupon, without objection consideration of the bills was postponed until the next legislative day.

Bill Amended; Bill Passed

S. 224.