447 THURSDAY, MARCH 15, 2001

Journal of the House

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THURSDAY, MARCH 15, 2001

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend David Hall of Christ Episcopal Church in Montpelier.

Joint Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 64

Joint resolution congratulating the Essex High School Hornets Division I cheerleading team on winning a tenth consecutive state championship

Offered by: Representatives Heath of Westford, Kirker of Essex, Myers of Essex, Stevens of Essex and Sweetser of Essex

Whereas, cheerleading is a team sport requiring exactitude and precision, and

Whereas, competitive cheerleading is a mixture of enthusiasm, perfect coordination, and group solidarity, and

Whereas, Essex High School’s cheerleading is at the pinnacle among high school cheerleading teams in Vermont, and very possibly the nation, and

Whereas, on January 27, before a capacity crowd at the St. Michael’s gymnasium, the Essex High School Hornets cheerleading team captured an absolutely unprecedented tenth consecutive Division I state championship title, and

Whereas, the Hornets’ near-perfect performance was wonderfully displayed as they were awarded 198 of a possible 200 points in the final round, and

Whereas, this decade of championships is part of a longer outstanding history, as the Hornets have won 14 Division I titles since the cheerleading championships were inaugurated in 1983, and since 1985, have never finished the season lower than second place, and

Whereas, the 2001 team of amazing Essex cheerleaders included co-captains Paige Hess and Liz Abrams and their great teammates, Katie Hill, Kee Gibson, Tori Ung, Ashley Correia, Bethany Sheldon, Maria Lavalle, Sarah Gaboriault, Sarah Slocum, Alia Whitehead, Crystal Gallo, Erica Gawrys, Brittany Sheffert, Lisa Maranville, Marcy Brownell, Hillary Burrows, Ashley Lords, Rachel Vitale, and Missy Lawrence, with invaluable support from team manager Marty Burrows, and

Whereas, Coach Lissa McDonald’s superb training regimen and leadership skills have proven essential ingredients for the Essex Hornets’ continued reign as the state’s undisputed high school cheerleading champions, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is pleased to extend congratulations to the Essex High School Hornets tenth consecutive Division I cheerleading championship team, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Coach Lissa McDonald at Essex High School.

J.R.S. 38

By Senators McCormack and Campbell,

Joint resolution honoring Travis Filiault of Troop 232, White River Junction, upon his attainment of the rank of Eagle Scout.

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, 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 small minority of scouts ever attain this rank, and

Whereas, Travis Filiault of Troop 232 of White River Junction has attained the rank of Eagle Scout, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly honors and offers its congratulations to Travis Filiault for his rare achievement of attaining the rank of Eagle Scout, and be it further

Resolved: That the General Assembly congratulates Travis Filiault’s family and scout leaders for their support of his efforts, and be it further

Resolved: That the General Assembly thanks Travis Filiault for the honor he brings to our community, and for the inspiration he offers others, and be it further

Resolved: That the Secretary of State shall send a copy of this resolution to Susan Laurin of the Eagle Scout Committee on or before his Court of Honor in White River Junction on April 12, 2001.

J.R.S. 39

By Senators Doyle, Cummings, Scott, Illuzzi, Ide and Mazza,

Joint resolution in memory of former Senator Donald Ladd Smith of Washington County.

Whereas, Donald L. Smith was an outstanding public servant who, for many decades, served his lifelong hometown of Barre, the state of Vermont and the nation with great distinction, and

Whereas, he was a successful businessman, political party leader, family farm supporter, and active member of numerous fraternal and community organizations, and

Whereas, Donald L. Smith’s first role under the golden dome was as a legislative page during the 1937 session of the General Assembly, and

Whereas, after graduating from Spaulding High School and the University of Massachusetts, Amherst, he embarked on a multiplicity of careers in agriculture, the insurance industry, and most importantly in public service, and

Whereas, Donald L. Smith first stood for election to a Barre Town municipal office in 1950, when he was elected a justice of the peace, a position he retained for the remainder of his life, and

Whereas, for 30 years, he presided over the Barre Town Meeting as the municipality’s moderator, and served for three years on the selectboard, and

Whereas, in 2000, Donald L. Smith received a special award from the Secretary of State, for his half-century of service on behalf of Barre Town, and

Whereas, he so enjoyed his tenure as a legislative page that, in 1954, he won election to the Vermont Senate, becoming one of the youngest members in the chamber’s history, and

Whereas, Donald L. Smith’s tenure in the Senate from 1955 through 1958, and again from 1965 until 1980, was one of thoughtful and constructive representation, including chairing, during his first term, the Senate Committee on Institutions, and subsequently chairing the Legislative Council, and

Whereas, he was an outstanding leader of the Washington County Senate delegation, and

Whereas, he also served the citizens of Vermont as a member of the State Board of Education and the Vermont Civil Defense Board, and

Whereas, Donald L Smith served from 1959 through 1962 as the Vermont State Director of the Federal Housing Administration, and

Whereas, he played pivotal roles in the leadership of the Vermont Republican Party, serving as the organization’s executive secretary, finance chair, sitting on the state committee, organizing the Vermont Young Republican Club and energetically participating in Republican politics on the local and county levels, and

Whereas, Donald L. Smith’s life extended far beyond politics and public service to the insurance industry as he established, in 1961, the Smith Insurance Agency, was a 50-year member of the Cooperative Insurance Company Board of Directors, and, since 1973, served as president of the Farmers Cooperative Insurance Company, and

Whereas, his agricultural interests ranged from his ownership of the Windy Wood Orchard, serving as executive secretary of the Vermont Council on Farm Cooperatives, and active roles in the Grange and the Vermont and Washington County Farm Bureau, and

Whereas, among his many other memberships were the Barre Rotary Club, the Masons and the Vermont Children’s Aid Society, on whose board he served, and

Whereas, for 53 years he was married to Ruth Smith, and they have a son Donald R. and a daughter Rebecca, and two granddaughters, and

Whereas, the citizens of Barre Town, and all of Vermont, have lost a civic leader who was truly devoted to serving his community, state and nation, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly mourns the passing of its much esteemed friend and past colleague, former Senator Donald Ladd Smith of Barre Town, and extends its deepest sympathies to his family, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to former Senator Donald L. Smith’s widow Ruth Smith in Barre Town.

J.R.S. 40

By Senators Ide, Bloomer, Corrow, and Crowley

Joint resolution in memory of former Supreme Court Justice F. Ray Keyser.

Whereas, F. Ray Keyser, although he was born across the Connecticut River in Woodsville, New Hampshire, was truly one of the 20th century’s most respected Vermonters, and

Whereas, in a life that spanned over three different centuries, he served in all three branches of state government and many municipal positions, and

Whereas, although he did not initially plan to practice law, F. Ray Keyser devoted over six decades to a most distinguished legal career, and

Whereas, following attendance at Norwich University, honorable military service during World War I, and brief stints as a banker and teacher, he selected the law as his true vocational calling, and in 1929, the future justice was admitted to the Vermont Bar, and

Whereas, while in private legal practice, F. Ray Keyser also served the town of Chelsea in many elected and appointed positions, including school director, selectboard member, moderator, auditor, tax collector, municipal attorney and as a member of the Chelsea Fire District 1’s Prudential Committee, and

Whereas, in the legislative branch of state government, he represented the town of Chelsea in the House of Representatives, and

Whereas, F. Ray Kaiser’s executive branch tenure included election as Orange County State’s Attorney and appointment as Secretary of Civil and Military Affairs during the administration of Governor Lee Emerson, and

Whereas, during World War II, F. Ray Keyser temporarily left Vermont to serve as the chief law enforcement officer for the federal Office of Price Administration, and

Whereas, his judicial service began in 1956 when he was appointed to the Vermont Superior Court bench, and in 1964, after demonstrating his exemplary judicial temperament and decision-making ability, F. Ray Keyser was appointed a justice of the Vermont Supreme Court, and

Whereas, Justice F. Ray Keyser sat on the Vermont Supreme Court bench until 1974, when a newly-adopted constitutional amendment required him to retire, and

Whereas, despite this impediment to the justice’s continuing his full-time judicial duties, Justice Keyser became an extraordinarily active retiree, regularly deciding cases on special assignment from the Vermont Judicial System until the dawn of his 10th decade, and

Whereas, Justice Keyser’s abiding passion for baseball was manifested by his role as a catcher for the Chelsea town team, as a local umpire, and as a diehard Boston Red Sox fan, and

Whereas, he was married for over half a century to his wife Ellen, and they were the parents of a son, former Governor F. Ray Keyser Jr. and a daughter Natalie, and

Whereas, after Justice Keyser’s first wife’s passing, he was married for 21 years to Ruby Keyser, and

Whereas, he was the grandfather of six grandchildren and the great-grandfather of nine great-grandchildren, and

Whereas, with his passing, one of Vermont’s truly great jurists has left our midst, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its most sincere condolences to the members of the late Justice F. Ray Keyser’s family, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to former Governor F. Ray Keyser Jr. in Proctor and to Natalie Keyser Niles in Concord, Massachusetts.

Senate Bills Referred

Senate bills of the following titles were severally taken up, read the first time and referred as follows:

S. 11

Senate bill, entitled

An act relating to the threat of infection resulting from sexual offenses;

To the committee on Judiciary.

S. 14

Senate bill, entitled

An act relating to child labor;

To the committee on General, Housing and Military Affairs.

S. 43

Senate bill, entitled

An act relating to children’s product safety

To the committee on Health and Welfare.

S. 64

Senate bill, entitled

An act relating to applicants for motor vehicle colored light permits, registration of snowmobiles, all-terrain vehicles and motorboats, and certificates of title;

To the committee on Transpiration.

S. 165

Senate bill, entitled

An act relating to designation of one or more independent or public schools at the elementary and secondary public schools of the St. George Ladd Smith of Washington County;

To the committee on Education.

Consideration Resumed;

Bill Amended and Third Reading Ordered

H. 198

The House resumed consideration of House bill, entitled

An act relating to apprenticeship training;

Rep. Dostis of Waterbury, for the committee on Commerce, to which the bill had been referred reported in favor of its passage.

Rep. Symington of Jericho, for the committee on Ways and Means, reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 21 V.S.A. § 1103(b) is amended to read:

(b) The department of employment and training may charge fees to the employers of apprentices registered in Vermont and to nonregistered individuals to help offset the cost of apprenticeship related instruction provided by the department. The charges shall not exceed $1.50 per classroom hour for Vermont registered apprentices and $3.00 per classroom hour for all others. An employer shall not charge any apprentice for any of the fees charged to the employer under this section, nor shall an employer reduce an employee’s compensation in any manner in order to recover these fees from any apprentice. The fees shall be used, in conjunction with other approved funds, to provide classroom instruction primarily for Vermont registered apprentices. The Vermont department of employment and training may adopt rules to carry out this provision.

Sec. 2. EFFECTIVE DATE

This act shall take effect upon passage.

Pending the question, Shall the House amend the bill as recommended by the committee on Ways and Means? Rep. Quaid of Williston moved to amend the proposal of amendment offered by the committee on Ways and Means as follows:

In Sec. 1 by striking the following: “An employer shall not charge any apprentice for any of the fees charged to the employer under this section, nor shall an employer reduce an employee’s compensation in any manner in order to recover these fees from any apprentice.”