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Journal of the Senate

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Wednesday, April 24, 2002

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

Devotional Exercises

Devotional exercises were conducted by the Reverend Stephen Berry of East Brookfield.

Senate Resolution Placed on Calendar

S.R. 30.

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

By Senators Doyle, Cummings and Scott,

S.R. 30. Senate resolution commemorating the dedication of the Harriet Hinkson Holmes Memorial.

Whereas, Harriet Hinkson Holmes, born in Worcester on July 28, 1843, was of 100 percent Algonquin lineage, and

Whereas, she resided her entire life in Washington County until her death in Northfield on August 5, 1945 at the age of 102, and

Whereas, with the outbreak of hostilities in 1861 between the Union and the rebellious states, the death of her infant son, and her husband’s military enlistment, she volunteered to nurse wounded Vermont soldiers home from the field of battle, and

Whereas, for little, if any, compensation, she remained faithful to her nursing commitment until the hostilities ended in 1865, and

Whereas, Harriet was a proud member of the Montpelier Daughters of Union Veterans, and she is believed to have been the last living Vermonter who directly played a role in the state’s gallant struggle to preserve the Union, and

Whereas, ever a humble person, Harriet never applied for a pension, and

Whereas, in 2001, her great-granddaughter Louise Blodgett, and her husband Floyd, discovered that Harriet had been denied a place in the family’s lot at the Worcester Cemetery where her father Lyman and brother Calvin, both Civil War veterans, are buried, and

Whereas, they, further, learned that Harriet was laid to rest in an unmarked grave in the nearby lot of the family of one of her sons, and

Whereas, in an effort to correct a longstanding historic injustice, and as a commemoration of the dedicated public service which Harriet gave to her state and nation, on Saturday, April 27, 2002, a special ceremony will be held at the Worcester Cemetery, where a double marble stone memorial will be dedicated in her memory, and

Whereas, the pageantry accompanying this dedication will be magnificent, as the planned program is to include a Color Guard of members of the Sons of Union Veterans of the Civil War, and a speech that Professor Jay S. Hoar, the author of "Our Last Known Civil War Nurses", will deliver in Harriet’s memory, now therefore be it

Resolved by the Senate:

That the Senate joins with the descendants and many others who will be in attendance at the Worcester dedication ceremony in memory of Harriet Hinkson Holmes in commemorating her exemplary contribution to Vermont’s role in preserving the Union during the Civil War, and be it further

Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to Louise and Floyd Blodgett.

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

Consideration Resumed; Proposal of Amendment; Third Reading Ordered

H. 708.

Consideration was resumed on House bill entitled:

An act relating to high school diplomas for World War II, Korean conflict and Vietnam war veterans.

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Education?, Senator Corrow, on behalf of the Committee on Education, requested and was granted leave to withdraw the Committee’s proposal of amendment.

Thereupon, Senator Corrow, on behalf of the Committee on Education, moved that the Senate propose to the House to amend the bill in Sec. 1, 16 V.S.A. §563(25) by striking out the words "an honorary high school diploma" where it twicely appears and inserting in lieu thereof the words: a high school diploma

Which was agreed to on a roll call, Yeas 22, Nays 7.

Senator Corrow having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Bahre, Bloomer, Campbell, Canns, Chard, Condos, Corrow, Costes, Crowley, Doyle, Gossens, Greenwood, Ide, Illuzzi, Kittell, Maynard, Mazza, Morrissey, Scott, Sears, Snelling.

Those Senators who voted in the negative were: Bartlett, Cummings, Leddy, Lyons, McCormack, Munt, Welch.

The Senator absent or not voting was: Shumlin (presiding).

Thereupon, the recurring question, Shall the bill be read the third time?, was decided in the affirmative.

Point of Order; Bill Committed

S. 258.

Senate bill entitled:

An act relating to the discovery and management of Native American remains.

Was taken up.

Thereupon, pending third reading of the bill, Senator Canns moved that the bill be amended by adding a new section to be numbered Sec. 3 to read as follows:

Sec. 3. RECOGNITION OF TRIBAL STATUS OF THE ABENAKI TRIBE

(a) The General Assembly does hereby recognize the Abenaki Indian Tribe as being long-term residents of Vermont, having a history of residency here in the State of Vermont for over 200 years.

(b) The recognition is not intended to confer any special rights upon the Abenaki people, such as claims to Vermont lands or privileges not extended to other minority groups, it is intended to ensure that the Abenaki people receive the same recognition and privileges extended by the State of Vermont to any other minority group.

Thereupon, pending the question, Shall the bill be amended as recommended by Senator Canns?, Senator Sears raised a point of order under Sec. 402 of Mason’s Manual of Legislative Procedure on the grounds that the amendment offered by Senator Canns was not germane to the bill and therefore could not be considered by the Senate.

Thereupon, the President pro tempore sustained the point of order and ruled that the amendment offered by Senator Canns was not germane in that the proposed amendment

(1) introduced a different topic or subject;

(2) unreasonably or unduly expanded the subject of the bill;

(3) introduced an independent question;

(4) was not in a natural or logical sequence to the subject matter of the bill; and

(5) would change the purpose and scope of the original bill.

Therefore, the President pro tempore declared that the amendment offered by Senator Canns could not be considered by the Senate and the amendment was ordered stricken.

Thereupon, Senator Canns appealed the ruling of the Chair. Pending the question, Shall the ruling of the Chair be sustained?, Senator Canns requested and was granted leave to withdraw the appeal of the Chair’s ruling.

Thereupon, on motion of Senator Illuzzi, the bill was committed to the Committee on Institutions.

Bill Passed in Concurrence

H. 451.

House bill of the following title was read the third time and passed in concurrence:

An act relating to the permanent telecommunications relay service.

Proposal of Amendment; Third Reading Ordered

H. 213.

Senator Bloomer, for the Committee on Judiciary, to which was referred House bill entitled:

An act relating to a pilot project for combating drug crimes.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that:

(1) Substance abuse by youth under the age of 21 is on the rise and contributing to an increase in criminal activity committed by these youths.

(2) The traditional punitive approach to combat criminal and delinquent activity by youth with substance abuse problems, although sometimes useful as a short term rehabilitation tool to encourage treatment, will be unsuccessful if it is not combined with appropriate treatment services.

(3) Criminal and juvenile justice practitioners and substance abuse treatment providers share the common goals of stopping illicit drug use and abuse of all addictive substances, and curtailing related criminal activity.

(4) The criminal and juvenile justice systems have the unique ability to influence a youth with a substance abuse problem shortly after a significant triggering event such as an arrest or citation, or violation of condition of probation, parole or community sentence, and thus compel the youth to enter or continue with treatment.

(5) Immediate sanctions and services for youths whose actions suggest a possible criminal pathway and who carry multiple risk factors for crime and delinquency are essential.

(6) A "drug docket" in the Chittenden County district court shows promise for success in providing treatment options to defendants with substance abuse problems.

Sec. 2. PILOT PROJECT FOR DRUG COURT INITIATIVE COMMITTEES

(a) Establishment. A pilot project, creating six drug court initiative committees, is established for the purpose of developing an approach to provide accountability, assessment and suitable services for persons who have been charged with committing a crime or a delinquent act and who have a substance abuse problem. Such an approach shall be applicable to defendants of any age, but there shall be an emphasis on providing coordinated services for youth under the age of 21. The court administrator shall select the six counties to participate in the project.

(b) Committee Composition. Each committee shall be composed of the following persons:

(1) a district court judge presiding in such county, appointed by the administrative judge;

(2) the family court judge presiding in such county, if the family court judge is different from the district court judge;

(3) a representative from the district office of the department of corrections;

(4) the state’s attorney;

(5) a representative from the district office of the office of the defender general, or in counties not served by a district office, an attorney under contract with the office of the defender general, to perform legal services for the indigent, appointed by the defender general;

(6) a representative from the district office of the department of social and rehabilitation services;

(7) a representative from the office of alcohol and drug abuse programs;

(8) two representatives from local substance abuse provider organizations, family counseling service organizations, or any other appropriate service providers, appointed by the office of alcohol and drug abuse programs.

(c) Committee Chair. Each committee shall be convened and chaired by the district court judge.

(d) Consultation with Treatment Organizations. Each committee shall consult with local substance abuse provider organizations, family counseling service organizations, and any other appropriate service providers to share information and develop essential communication and coordination between the criminal and juvenile justice systems and the treatment community.

(e) Report. On or before January 15, 2003 and January 15, 2004, the court administrator shall report to the general assembly on the progress and outcomes of each committee on achieving the goals of the pilot project.

Sec. 3. APPLICATION FOR FEDERAL FUNDS

The court administrator and the agency of human services shall seek federal funds and other available funding, including grants to implement a drug court or other programs to develop an approach to provide accountability, assessment and suitable services for persons who have committed a crime or a delinquent act, and who have a substance abuse problem.

Sec. 4. APPROPRIATION

The amount of $50,000.00 shall be appropriated to the judiciary for coordinating and reporting on the pilot project required by Sec. 2 of this act and the application for federal funding for drug court and other similar programs as designated in Sec. 3 of this act.

Sec. 5. SUNSET PROVISION

This act shall be repealed on February 1, 2004.

Sec. 6. EFFECTIVE DATE

This act shall take effect upon passage.

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Sears, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Judiciary with the following amendment thereto:

By striking out Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:

Sec. 4. APPROPRIATION

The amount of $50,000.00 shall be appropriated to the judiciary for coordinating and reporting on the pilot project required by Sec. 2 of this act and the application for federal funding for drug court and other similar programs as designated in Sec. 3 of this act. Of the $50,000.00 appropriated in this section, $10,000.00 shall be general funds. The remaining $40,000.00 shall be from tobacco funds and shall not be released until the joint fiscal committee has approved a plan for the pilot project submitted by the court administrator.

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of proposal of amendment of the Committee on Judiciary was amended as recommended by the Committee on Appropriations.

Thereupon, the proposal of amendment recommended by the Committee on Judiciary, as amended, was agreed to and third reading of the bill was ordered.

Consideration Postponed

H. 326.

House bill entitled:

An act relating to recovery of municipal taxes from the sale of an abandoned mobile home.

Was taken up.

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

Proposal of Amendment; Third Reading Ordered

H. 239.

Senator Welch, for the Committee on Finance, to which was referred House bill entitled:

An act relating to the financial services development tax credit.

Reported recommending that the Senate propose to the House to amend the bill by striking out Sec. 3, and inserting in lieu thereof six new sections as follows:

Sec. 3. 32 V.S.A. § 5930b is amended to read:

§ 5930b. ECONOMIC ADVANCEMENT TAX INCENTIVES

A *[person who operates a]* business may request approval of not more than three of the five economic incentives provided in sections 5930c, 5930d, 5930e, 5930f and 5930g this subchapter. A high-tech business may, in the alternative, request approval of not more than three of the five economic incentives as provided in section 5930k of this subchapter. Approval of the Vermont economic progress council pursuant to this subchapter may be for up to five years.

Sec. 4. 32 V.S.A. § 5930k is added to read:

§ 5930k. HIGH-TECH GROWTH INCENTIVES

(a) For purposes of this section, "high-tech business" means a business whose activity in Vermont is certified by the commissioner of economic development to be exclusively in design, development and manufacture of:

(1) Computer hardware or software, and information and communication technologies, such as high-level software languages, graphics hardware and software, speech and optical character recognition, high-volume information storage and retrieval, and data compression.

(2) Electronic devices involving microelectronics, semiconductors, electronic equipment and instrumentation; radio frequency, microwave and millimeter electronics; optical and optic-electrical devices; and data and digital communication and imaging devices.

(3) Medical devices, including medical, surgical or dental equipment, and excluding pharmaceutical products.

(4) Energy technology involving sources other than fossil fuels.

(5) Electric vehicles which draw propulsion energy only from an on-board source of electrical energy, alternative fuel vehicles, or hybrid vehicles which draw propulsion energy from both a consumable fuel and a rechargeable energy storage system.

(b) A high-tech business may request approval of not more than three of the following incentives provided in this chapter: sections 5930c (payroll tax), 5930d (research and development), 5930f (export incentive), 5930g (investment tax credit, but limited to investments in plants or facilities), and 5930k(c) (high-tech credit growth incentives).

(c) A high-tech business, upon obtaining the approval of the Vermont Economic Progress Council pursuant to section 5930a of this title, shall be entitled to the following set of tax benefits as one of its three incentives:

(1) Machinery and equipment. A credit of up to $100,000.00 per year against the income tax liability imposed under this chapter in an amount up to six percent (as determined under the cost-benefit analysis for the applicant) of its total investments within the state of Vermont during the period approved by the Vermont Economic Progress Council, in machinery and equipment excluding expenditures for renovation of existing facilities to provide cable, fiber or telecommunications access.

(2) Technology infrastructure. A credit against the income tax liability imposed under this chapter in an amount up to six percent (as determined under the cost-benefit analysis for the applicant) of its total investments within the state of Vermont during the period approved by the Vermont Economic Progress Council, in renovation of existing facilities to provide cable, fiber or telecommunications access.

(3) Workforce development. A credit against the income tax liability imposed under this chapter in an amount equal to that allowed under section 5930e of this chapter, except that award of a credit under this subdivision shall not be limited to industrial manufacturing entities.

(4) Sales and use tax exemption for approved personal computers and software under subdivision 9741(47) of this title.

(d) Incentives under this section shall be subject to provisions of this subchapter, including authorization limits, reporting requirements, and application, cost-benefit analysis and approval requirements under section 5930a of this chapter.

Sec. 5. 32 V.S.A. § 9741(47) is added to read:

(47) Sales of new personal computers and included software packages, for use exclusively in the Vermont business and directly in the activities defined in section 5930(k) of this title, if purchased by a high-tech business as approved by the Vermont Economic Progress Council.

Sec. 6. 32 V.S.A. § 5930f is amended to read:

§ 5930f. Vermont export tax incentive

*[

An entity]* A person doing business in Vermont and one or more other states, upon obtaining the approval of the Vermont economic progress council pursuant to section 5930a of this title, may receive a credit against its income taxes imposed by this chapter.

(1) For a C corporation, the credit is in an amount equal to the difference between a calculation of its income tax under the formula for apportionment provided in section 5833 of this title and a calculation of its income tax under the formula for apportionment provided in section 5833, except that such calculation shall be determined (i) without regard to that portion of *[section]* subdivision 5833(a)(3) which provides that sales of property shipped from this state are sales of tangible personal property made in this state; and (ii) by doubling the sales factor in *[section]* subdivision 5833(a)(3).

(2) For persons other than C corporations, the credit is equal to the difference between the amount computed by applying the corporate income tax rates provided in section 5832 of this chapter to the income attributable to Vermont determined using the two apportionment methods set out in subdivision (1) of this section as if the income attributable to Vermont were taxed at the entity level.

Sec. 7. 32 V.S.A. § 5930g(4) is added to read:

(4) A person is not required to acquire an ownership interest with its investment to be eligible to receive an income tax credit under this section, provided that the Vermont economic progress council has approved a long-term capital lease as an investment eligible to receive an income tax credit and the person’s investment has been made in the form of a long-term capital lease that meets the lease accounting criteria established by Financial Accounting Standard No. 13 as promulgated by the Financial Accounting Standards Board. The person’s investment shall be the present value, at the time the lease is executed, of the minimum lease payments over the period of the lease, excluding executory costs, as outlined in the Financial Accounting Standard No. 13.

Sec. 8. EFFECTIVE DATES

This act shall take effect upon passage except as follows:

(a) Secs. 3, 4 and 5 of this act (high-tech growth incentives) shall apply to taxable years beginning on or after January 1, 2002, and to purchases on or after July 1, 2002.

(b) Sec. 7 of this act shall take effect from passage, and shall apply to leases entered into after that date.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Proposal of Amendment; Bill Committed

H. 357.

Senator Maynard, for the Committee on Education, to which was referred House bill entitled:

An act relating to renewal of contracts for purchase of services by a school district.

Reported recommending that the Senate propose to the House to amend the bill in Sec. 1, 16 V.S.A. § 559(e)(7), by striking out subdivision (7) in its entirety and inserting in lieu thereof a new subdivision (7) to read:

(7) nothing in this section shall require a school board or supervisory union board to invite or advertise for bids if it is renewing a contract entered into pursuant to subsection (a) of this section, for the purpose of purchasing or leasing transportation equipment or services, provided:

(A) annual costs shall not increase beyond the most recent Cumulative Price Index, as of December 1, for state and local government purchases of goods and services;

(B) the total amount of the contract shall not exceed an increase of 30 percent more than the total amount of the original contract; and

(C) the contract for the renewal period allows termination by the board following an annual review of performance.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Education?, Senator Sears moved that the bill be committed to the Committee on Transportation with the report of the Committee on Education, intact, which was agreed to.

Proposal of Amendment; Third Reading Ordered

H. 489.

Senator Sears, for the Committee on Judiciary, to which was referred House bill entitled:

An act relating to roadside dog sales.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 366 is amended to read:

§ 366. PROHIBITED USE OF ANIMALS

(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.

(b) No live fowl, turtles or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.

(c) No dog, puppy, cat or kitten shall be offered for sale, sold, displayed or given away on the side of any highway, as defined in 19 V.S.A. § 1, except by the owner or lessor of the abutting land. It shall be an affirmative defense under this subsection that a transaction involving a sale or giving away of a puppy, dog, cat or kitten was previously arranged by the parties, and the sale or giving away on the side of the highway was only for the convenient transfer of the animal.

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(c)]*(d) A person who violates this section shall be subject to a fine of not more than $250.00.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Proposal of Amendment; Third Reading Ordered

H. 679.

Senator Illuzzi, for the Committee on Judiciary, to which was referred House bill entitled:

An act relating to aggravated cruelty to animals.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 352a is amended to read:

§ 352a. AGGRAVATED CRUELTY TO ANIMALS

A person commits the crime of aggravated cruelty to animals if the person:

(1) intentionally kills an animal by means causing the animal undue pain or suffering; or

(2) intentionally, maliciously and without just cause tortures, mutilates, maims or cruelly beats an animal.

Sec. 2. 13 V.S.A. § 351 is amended to read:

§ 351. DEFINITIONS

As used in this chapter:

* * *

(15) "Animal hoarder" means a person who meets all of the following criteria:

(A) possesses five or more animals;

(B) fails to provide for the animals in violation of subdivision 352(4) of this title;

(C) keeps the animals in a severely overcrowded environment; and

(D) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the animals are living, and the deleterious impact they have on the animals’ health and well-being.

Sec. 3. 13 V.S.A. § 353 is amended to read:

§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION

* * *

(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:

* * *

(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant’s residence. If the court determines that the defendant qualifies as an animal hoarder as defined in subdivision 351(15) of this title or that a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court shall order the defendant or the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.

* * *

Sec. 4. 13 V.S.A. § 362 is amended to read:

§ 362. EXPOSING POISON ON THE LAND

A person who deposits any poison or substance poisonous to animals on his or her premises or on the premise or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision *[352(a)(2)]* 352(2) of this title. This section shall not apply to control of wild pests, protection of crops from insects, mice and plant diseases, or the department of fish and wildlife and employees and agents of the state forest service in control of destructive wild animals.

Sec. 5. 13 V.S.A. § 363 is amended to read:

§ 363. SHOOTING BIRDS FOR AMUSEMENT

Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields or other areas to be used for such shooting purposes, shall be in violation of subdivision *[352(a)(1)]* 352(1) of this title.

Sec. 6. 13 V.S.A. § 365 is amended to read:

§ 365. SHELTER OF ANIMALS

* * *

(c)(1) A dog, whether chained or penned, shall be provided *[three feet by four feet for 25 pound dogs, four feet by four feet for 35 pound dogs and four feet by five feet for 50 pound and larger dogs]* approximate minimum living space based on the following formula: one dimension of the primary enclosure should be at least equal to the length of the dog, measured from the tip of the nose to the tip of the tail, plus one foot; and the other dimension should be at least equal to two times the length of the dog. The enclosure must have four sides and parallel dimensions must be equal or larger.

(2) No primary enclosure shall be less than three feet by four feet.

(3) The minimum height of a pen shall be no less than the length of the dog, as measured from the tip of the dog’s nose to the tip of the dog’s tail.

(4) The specifications in this subsection shall apply to each animal in a group-housing situation.

(d) In addition to the space requirements in subsection (c) of this section, a dog maintained out-of-doors should be acclimated to winter weather by being housed outside through the fall season so that coat length and temperature tolerance can develop, and should be healthy and otherwise able to cope with the cold. If doubt exists in this regard, a veterinarian’s evaluation should be sought. A dog maintained out-of-doors must be provided with *[suitable housing]*:

(1) a well-insulated house that is no larger than necessary for the dog to stand comfortably and turn around that assures that the dog is protected from wind and draft, and from excessive sun, rain and other environmental hazards throughout the year; that has floor insulation, dry bedding such as a "bean bag" dog bed, straw or kiln-dried sawdust or shavings; and a door fitted with a flap or other device to shelter from the wind;

(2) constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval; and

(3) good quality, high-energy food in adequate amounts.

(e) A dog chained to a shelter must be on a tether chain at least *[twice]* four times the length of the dog. If doghouses with chains are used as primary enclosures for dogs kept out-of-doors, the chains used shall be:

(1) so placed or attached that they cannot become entangled with the chains of other dogs or any other objects;

(2) adequate for the size dog involved; and

(3) attached to the dog by means of a well-fitted nonchoking collar.

(f) A cat, over the age of five months, shall be provided minimum living space of nine square feet, provided the primary enclosure shall be constructed and maintained so as to provide sufficient space to allow each cat to turn about freely and to easily stand, sit and lie in a comfortable, normal position. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each animal in a group-housing situation.

(g) An animal shall be provided with an opportunity for at least 30 minutes of daily exercise in an area separate from its living space, unless exercise is restricted by a licensed veterinarian. Separate space for exercise is not required if an animal’s living space is at least three times larger than the minimum requirements set forth in subsection (c) or (d) of this section.

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(e)]*(h) Notwithstanding the provisions of this section, animals may be temporarily confined in spaces sufficient for them to stand and turn about freely, provided that they are exercised in accordance with accepted agricultural or veterinarian practices, and are provided sufficient food, water, shelter and proper ventilation.

*[

(f)]*(i) Failure to comply with this section shall be a violation of *[subdivisions]* *[352(a)(3) or (4)]* subdivision 352(3) or (4) of this title.

Sec. 7. 13 V.S.A. § 381 is amended to read:

§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING

* * *

(b) Violation of the 28-hour rule of this section is a violation of subdivision *[352(a)(4)]* 352(4) of this title.

Sec. 8. 13 V.S.A. § 382 is amended to read:

§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING

* * *

(b) A person who violates a provision of this section shall be in violation of subdivision *[352(a)(4)]* 352(4) of this title.

Sec. 9. 13 V.S.A. § 383 is amended to read:

§ 383. SHIPPING OF ANIMALS

* * *

(b) Failure to provide such separation shall be a violation of subdivisions *[352(a)(3) and (4)]* 352(3) and (4) of this title.

Sec. 10. 13 V.S.A. § 386 is amended to read:

§ 386. CONFINEMENT OF ANIMALS IN VEHICLES

* * *

(c) Failure to comply with subsection (a) of this section is a violation of subdivision *[352(a)(3)]* 352(3) of this title.

Sec. 11. 13 V.S.A. § 387 is amended to read:

§ 387. TRANSPORTATION OF HORSES; VEHICLES

* * *

(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision *[352(a)(3)]* 352(3) of this title.

Sec. 12. 13 V.S.A. § 399 is amended to read;

§ 399. ABUSE; DISQUALIFICATION

* * *

(c) Excessive violation of either subsection (a) or (b) of this section shall be deemed a violation of subdivision *[352(a)(2)]* 352(2) of this title.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Judiciary?, Senator Illuzzi requested and was granted leave to withdraw Sec. 6 from the report of the Committee on Judiciary

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered on a roll call, Yeas 28, Nays 0.

Senator Campbell having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Bahre, Bartlett, Bloomer, Campbell, Canns, Chard, Condos, Corrow, Costes, Crowley, Cummings, Doyle, Gossens, Greenwood, Ide, Illuzzi, Leddy, Lyons, Maynard, Mazza, McCormack, Morrissey, Munt, Scott, Sears, Snelling, Welch.

Those Senators who voted in the negative were: None.

Those Senators absent or not voting were: Kittell, Shumlin (presiding).

Consideration Postponed

H. 522.

House bill entitled:

An act relating to the disclosure of violent behavior of individuals under the supervision or control of the department of developmental and mental health services.

Was taken up.

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

Proposal of Amendment; Third Reading Ordered

H. 681.

Senator Scott, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to the ability of the Shrewsbury Library to use a sewage holding and pumpout tank.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. SHREWSBURY LIBRARY

Notwithstanding the requirements established in 10 V.S.A. § 1265a(a)(1) and (3), the Shrewsbury Library shall be eligible for a permit under that section if it otherwise qualifies under that section. This eligibility shall apply as long as the building is used for a public purpose.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Adjournment

On motion of Senator Mazza, the Senate adjourned until eleven o’clock and fifteen minutes in the morning.