Journal of the Senate

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Thursday, March 13, 2003

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

Devotional Exercises

Devotional exercises were conducted by the Reverend David M. Hall of Montpelier.

Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

S. 160.

By Senator Munt,

An act relating to workers’ compensation benefits.

To the Committee on Economic Development, Housing and General Affairs.

S. 161.

By Senators Condos, Miller and Greenwood,

An act relating to wholesale distribution franchises and small malt beverages producers.

To the Committee on Economic Development, Housing and General Affairs.

Bills Referred

House bills of the following titles were severally read the first time and referred:

H. 26.

     An act relating to candidate qualifications.

To the Committee on Government Operations.

H. 210.

An act creating an office village constable in the village of North Troy.

To the Committee on Government Operations.

Joint Resolutions Adopted on the Part of the Senate

Joint Senate resolutions of the following titles were offered, read and adopted on the part of the Senate, and are as follows:

By Senator Welch,

J.R.S. 20.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, March 14, 2003, it be to meet again no later than Tuesday, March 18, 2003, at eleven o’clock in the forenoon.

By the Committee on Agriculture,

J.R.S. 21.  Joint resolution urging the federal government to use regional equity in implementing the 2002 federal farm bill.

Whereas, agriculture is a unique and diversified industry in the northeastern United States, and

Whereas, the agricultural industry continues to be one of the top employers in each of the states in the northeast region, and

Whereas, the differences in climate, transportation, feed, energy costs, and land values compound those regional differences, and

Whereas, the current crisis in dairy prices is placing a tremendous burden on the entire structure and infrastructure of agriculture in the northeast, and

Whereas, the northeast region of the United States contains more than 135,000 small to mid-sized family agricultural operations on more than 20 million acres of land, and

Whereas, in the northeast region, more than 58 million consumers, many living in urban areas, are concerned about food security in these times of national unrest and terrorism, and

Whereas, it is in the best interests of national security to assure that regional agriculture continues to be viable and available to provide a safe, secure food supply to those consumers, and

Whereas, the 2002 federal farm bill established a positive first step in providing regional equity in federal support to northeast agriculture, and

Whereas, the proposed EQIP rules contain provisions which will pose a severe impediment to northeast farmers who wish to have access to those support  programs, now therefore be it

Resolved by the Senate and House of Representatives:

That in promulgating the rules and regulations implementing the 2002 farm bill, the federal government:

1)  Assure that “locally led conservation” not be supplanted by “national priorities and measures” by continuing the commitment to farmer‑driven decision‑making which will create local efficiencies and opportunities to partner with other entities to optimize the funds available.

2)  Recognize that cost-share rates of less than 75 percent will, contrary to the stated statutory intent, not make agricultural production and environmental quality compatible goals.

3)  Ensure that the implementing rules and regulations will support the development of irrigation systems for new and existing irrigators.

4)  Acknowledge that the U.S. Department of Agriculture practice of three‑year rotations, which has been adopted by many northeast producers, will under the proposed implementation rule severely limit the number of producers who are eligible for irrigation cost-share funds.

5)  Recognize that historically, the northeast is underserved by farm bill programs due to the inability of northeast producers to receive commodity payments.

6)  Recognize that EQIP is one of the few farm bill programs which producers in the northeast can utilize.

7)  Recognize the congressional intent to make EQIP regionally equitable through the equal distribution of funds.

8)  Assure that the scheduling of EQIP rule drafting does not eliminate states from the regional equity clause in the proposed 2003 rule, and that the $12 million allocated to each state will be available for at least one year until the rules are established and ample time is provided for notification of the agricultural community and the distribution of the funds, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to U.S. Secretary of Agriculture Ann M. Veneman, the Northeast States Association for Agricultural Stewardship of the Council of State Governments, and to the members of the Vermont Congressional Delegation.

Bill Amended; Third Reading Ordered

S. 61.

Senator Condos, for the Committee on Government Operations, to which was referred Senate bill entitled:

An act relating to bonded debt county courthouse repairs.

Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  CHITTENDEN COUNTY; SUBMISSION OF BOND ISSUE BY ASSISTANT JUDGES

Notwithstanding any provisions of 24 V.S.A. § 82 to the contrary, the assistant judges of Chittenden County may submit to the voters a proposition for incurring bonded indebtedness to finance improvements and repairs to the Chittenden County courthouse at any time subsequent to the 90th day following completion of preliminary construction plans and cost estimates.

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage.

And that when so amended the bill ought to pass.

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

Thereupon, pending the question, Shall the bill be read the third time?, Senator Bloomer moved to amend the bill by adding a new section to be numbered Sec. 2 to read as follows:

Sec. 2.  RUTLAND COUNTY; BORROWING AUTHORIZED; ASSISTANT JUDGES

Notwithstanding any provisions of 24 V.S.A. § 82 to the contrary, the assistant judges of Rutland county may borrow a sum not to exceed $125,000.00 to pay for renovations and improvements to the county courthouse, including alterations necessary to ensure accessibility.  Notes or other evidence of indebtedness not exceeding that amount, payable in not more than five years from the date of execution, may be issued by the county treasurer on behalf of the county of Rutland.  All such notes or evidence of indebtedness shall contain on their face a statement of the purpose for which they are issued and of the authority conferred by this section and shall be evidence of the county’s liability to the bona fide holder of the instrument.  The form, denominations, maturities, interest rates, and other terms, conditions, and details of the note or other evidence of indebtedness shall be determined by resolution of the assistant judges of Rutland county.  Notes or other evidence of indebtedness issued under the provisions of this section shall be paid from county funds raised by taxation pursuant to 24 V.S.A. § 133.

And by renumbering the remaining section to be numerically correct.

Which was agreed to.

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

Bill Passed

Senate bill of the following title was read the third time and passed:

S. 15.

An act relating to a juvenile justice legislative oversight committee.

Bill Amended; Bill Passed

S. 76.

Senate bill entitled:

An act relating to the medical use of marijuana.

Was taken up.

     Thereupon, pending third reading of the bill, Senator Shepard moved to amend the bill in Sec. 2, 18  V.S.A. § 4472a, by adding a new subsection (g) to read as follows:

(g)  Subsection (a) of this section shall not apply to a qualifying patient under the age of 18 years, unless:

(1)  The qualifying patient’s physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(2)  A parent, guardian, or person having legal custody consents in writing to:

(A)  allow the qualifying patient’s medical use of marijuana;

(B)  serve as the qualifying patient’s primary caregiver; and

(C)  control the acquisition of the marijuana.

Thereupon, pending the question, Shall the bill be amended as recommended by Senator Shepard?, Senator Shepard requested and was granted leave to withdraw the recommendation of amendment.

Thereupon, pending third reading of the bill, Senator Bloomer on behalf of the Committee on Judiciary moved to amend the bill in Sec. 2, 18 V.S.A., §4472a(b)(1) by adding after the first sentence the following: If the patient is under the age of 18 the application must be signed by both the patient and a parent or guardian.

Which was agreed to on a roll call, Yeas 29, Nays 0.

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

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Bloomer, Campbell, Canns, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Greenwood, Ide, Illuzzi, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Munt, Scott, Sears, Shepard, Snelling, White.

Those Senators who voted in the negative were: None.

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

Thereupon, the bill was read the third time and passed on a roll call, Yeas 22, Nays 7.

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

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Bloomer, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Greenwood, Ide, Kittell, Leddy, Lyons, MacDonald, Miller, Munt, Scott, Sears, Snelling, White.

Those Senators who voted in the negative were: Canns, Gossens, Illuzzi, Maynard, Mazza, Mullin, Shepard.

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

Consideration Postponed

S. 149.

Senate bill entitled:

An act relating to educational assistance for national guard members.

Was taken up.

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

Appointments Confirmed

The following Gubernatorial appointments were confirmed separately by the Senate, upon full report given by the Committee to which they were referred:

The nominations of,

     Wayne Alan Laroche of Franklin – Commissioner of the Department of Fish and Wildlife – February 10, 2003, to February 28, 2003.

     Wayne Alan Laroche of Franklin – Commissioner of the Department of Fish and Wildlife – March 1, 2003, to February 28, 2005.

     Were confirmed by the Senate on a roll call, Yeas 21, Nays 8.

Senator Ide 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, Doyle, Dunne, Gander, Gossens, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, Mullin, Scott, Shepard, Snelling.

Those Senators who voted in the negative were: Ayer, Condos, Cummings, Lyons, Miller, Munt, Sears, White.

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

Appointment of Senate Member to Vermont State Infrastructure Bank Board

Pursuant to the provisions of 10 V.S.A. §280e(b)(2), the President pro tempore, on behalf of the Committee on Committees, announced the appointment of the following Senator to serve on the Vermont State Infrastructure Bank Board for a term of two years:

Senator Mazza

Committee of Conference Appointed

H. 187.

     An act relating to providing adjustments in the amounts appropriated for the support of government.

Was taken up.  Pursuant to the request of the House, the President pro tempore announced the appointment of

                                         Senator Welch

                                         Senator Cummings

                                         Senator Greenwood

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Message from the House No. 26

     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 passed bills of the following titles:

H. 29.  An act relating to scholarships for children of Vermont National Guard members killed while on duty.

H. 147.  An act relating to renewal of contracts for purchase of services by a school district.

H. 309.  An act relating to extending the time for improving a lot under preexisting wastewater regulations.

In the passage of which the concurrence of the Senate is requested.

Adjournment

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