Journal of the Senate
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Tuesday, February 11, 2003
The Senate was called to order by the President pro tempore.
Devotional Exercises
Devotional exercises were conducted by the Reverend Stephen Berry of Brookfield.
Pledge of Allegiance
The President pro tempore then led the members of the Senate in the Pledge of Allegiance.
House Concurrent Resolution
The following joint concurrent resolution having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, is hereby adopted in concurrence:
By Representatives Westman of Cambridge, Crawford of Burke, Dostis of Waterbury, Heath of Westford, Helm of Castleton, Kiss of Burlington, Larocque of Barnet, Larson of Burlington, LaVoie of Swanton, Lippert of Hinesburg, Livingston of Manchester, Marron of Stowe, Monti of Barre City, Morrissey of Bennington, O'Donnell of Vernon, Pelham of Calais, Perry of Richford, Sharpe of Bristol, Tracy of Burlington, Waite of Pawlet and Zuckerman of Burlington,
By Senators Bartlett, Bloomer, Ide, Sears and Snelling,
H.C.R. 9.
House concurrent resolution designating January 30, 2003, as teen advocacy day.
[The full text of the House Concurrent Resolutions appeared in the Senate Calendar Addendum for Thursday, February 6, 2003, and will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-seventh biennial session of the Vermont General Assembly.]
Bills Introduced
Senate bills of the following titles were severally introduced, read the first time and referred:
S. 72.
By Senator Scott,
An act relating to consolidated environmental appeals and revisions of land use development law.
To the Committee on Natural Resources and Energy.
S. 73.
By Senators Kittell, Ayer, Bartlett, Collins, Lyons, Munt and White,
An act relating to smoking cessation training for minors.
To the Committee on General Affairs and Housing.
S. 74.
By Senators Bloomer and Welch,
An act relating to pharmaceutical marketers.
To the Committee on Health and Welfare.
S. 75.
By Senator Ide,
An act relating to decedents’ estates.
To the Committee on Judiciary.
Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice tomorrow
S. 76
By the Committee on Health and Welfare,
An act relating to the medical use of marijuana.
Bills Introduced
Senate bills of the following titles were severally introduced, read the first time and referred:
S. 77
By Senator Bloomer,
An act relating to the disclosure of credit scores to consumers.
To the Committee on General Affairs and Housing.
S. 78.
By Senators Bloomer and Snelling,
An act relating to expanding the scope of the bottle bill and increasing the minimum deposit.
To the Committee on Natural Resources and Energy.
S. 79.
By Senator Ayer,
An act relating to joint tenancy.
To the Committee on Judiciary.
S. 80.
By Senator Sears,
An act relating to nonpartisan redistricting of the Vermont House of Representatives and Senate.
To the Committee on Government Operations.
S. 81.
By Senator Welch,
An act relating to membership on the capital debt affordability advisory committee.
To the Committee on Finance.
S. 82.
By Senators Kittell and MacDonald,
An act relating to the Vermont health access buy-in program.
To the Committee on Health and Welfare.
S. 83.
By Senator Bloomer,
An act relating to predatory lending.
To the Committee on Finance.
S. 84.
By Senators Sears, Campbell, Dunne, Illuzzi and Welch,
An act relating to targeted economic development in Vermont.
To the Committee on General Affairs and Housing.
Bills Passed in Concurrence
H. 15.
House bill of the following title was read the third time and passed in concurrence:
An act relating to Buel’s Gore annual meeting date.
H. 25.
House bill of the following title was read the third time and passed in concurrence:
An act relating to the city of St. Albans charter.
Senator Mazza Assumes the Chair
Senate Resolution Amended; Third Reading Ordered
S.R. 5.
Senator Welch, for the Committee on Rules, to which was referred Senate resolution entitled:
Senate resolution relating to establishing a Senate committee on commerce.
Reported recommending that the resolution be amended as follows:
First: In the fifth Whereas Clause by striking out the following: “Committee on Commerce” and inserting in lieu thereof the following: committee on Economic Development, Housing and General Affairs
Second: In the “Resolved” clause, by striking out all after the words “That Rule 24 of the Rules and Orders of the Senate be amended to read:” and inserting in lieu thereof the following:
(a) After the paragraph relating to the committee on Appropriations, by adding the following:
A committee on Economic Development, Housing and General Affairs, of six members, to whom shall be referred matters relating to economic development, commerce, and community development, including tourism and marketing, promotion of the arts, and film activities; matters relating to labor, including unemployment and workers' compensation insurance; matters relating to housing; matters relating to liquor and tobacco control; matters relating to lotteries; and all matters relating to subjects for which there is no other appropriate committee.
(b) By striking out the paragraph relating to the committee on General Affairs and Housing, in its entirety.
(c) In the paragraph relating to the committee on Government Operations, after the words "municipal corporations;" by inserting the following: military affairs, including veterans and civil defense;
(d) In the paragraph relating to the committee on Transportation, after the words "users thereof" by inserting the following: ; and matters relating to aviation and railroads
(e) In the paragraph relating to the committee on Finance, by striking out the words "railroads and"
The Committee further recommends that after passage of the resolution the title be amended to read as follows:
“SENATE RESOLUTION RELATING TO ESTABLISHING A SENATE COMMITTEE ON ECONOMIC DEVELOPMENT, HOUSING AND GENERAL AFFAIRS
And that when so amended the resolution ought to be adopted by the Senate.
Thereupon, the resolution was read the second time by title only pursuant to Rule 43, the recommendations of amendment were collectively agreed to, and third reading of the resolution was ordered.
Senator Welch Assumes the Chair
Rules Suspended; Bill Committed
Pending entry on the Calendar for notice, Senator Sears moved that the rules be suspended and that Senate bill entitled:
S. 76. An act relating to the medical use of marijuana.
Be taken up for immediate consideration,
Which was agreed to.
Thereupon, pending the reading of the report of the Committee on Health and Welfare, on motion of Senator Sears, the bill was committed to the Committee on Judiciary.
Appointments Confirmed
The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred:
The nominations of
Elizabeth A. McLain of West Berlin – Secretary of the Agency of Natural Resources – January 9, 2003, to February 28, 2003.
Elizabeth A. McLain of West Berlin – Secretary of the Agency of Natural Resources – March 1, 2003, to February 28, 2005.
Were confirmed by the Senate on a roll call, Yeas 27, Nays 0.
Senator Condos having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Bartlett, Bloomer, Campbell, Canns, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Greenwood, Ide, Illuzzi, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Munt, Scott, Sears, Shepard, Snelling, White.
Those Senators who voted in the negative were: None.
Those Senators absent or not voting were: Ayer, Kittell, Welch (presiding).
The nominations of
Patricia House of South Burlington – Commissioner of the Department of Prevention, Assistance, Transition and Health Access – January 16, 2003, to February 28, 2003.
Patricia House of South Burlington – Commissioner of the Department of Prevention, Assistance, Transition and Health Access – March 1, 2003, to February 28, 2005.
Were confirmed by the Senate on a roll call, Yeas 27, Nays 0.
Senator Leddy having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Bartlett, Bloomer, Campbell, Canns, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Greenwood, Ide, Illuzzi, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Munt, Scott, Sears, Shepard, Snelling, White.
Those Senators who voted in the negative were: None.
Those Senators absent or not voting were: Ayer, Kittell, Welch (presiding).
A message was received from the House of Representatives by Mr. MaGill, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has passed a bill of the following title:
H. 129. An act relating to creation of a process for separation of municipalities.
In the passage of which the concurrence of the Senate is requested.
The House has considered a bill originating in the Senate of the following title:
S. 14. An act relating to the legislative committee on judicial rules.
And has passed the same in concurrence.
Adjournment
On motion of Senator Mazza, the Senate adjourned until one o’clock and thirty minutes in the afternoon on Wednesday, February 12, 2003.