Journal of the Senate

________________

Friday, April 30, 2004

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Message from the House No. 62

     A message was received from the House of Representatives by Mr. Otterman, its Second Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has  considered Senate proposal of amendment to House bill of the following title:

H. 768.  An act making appropriations for the support of government.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such committee on the part of the House

                                         Rep. Westman of Cambridge

                                         Rep. Heath of Westford

                                         Rep. O’Donnell of Vernon

The House has adopted a Joint Resolution of the following title:

J.R.H.  46.  Joint resolution strongly urging the comptroller of the currency to withdraw the newly adopted preemption rules restricting the states’ regulatory authority over national banks and their operating subsidiaries.

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

The Governor has informed the House of Representatives that on the twenty-eighth day of April, 2004, he approved and signed a bill originating in the House of the following title:

H. 760.  An act relating to delinquent property tax collection.

The House has considered Senate bills of the following titles:

S. 54.  An act relating to the practice of optometry.

S. 274.  An act relating to a veterans’ preference and transitional medical benefits.

And has passed the same in concurrence.

The House has considered a Joint Resolution originating in the Senate of the following title:

J.R.S. 62.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

Joint Resolution Placed on Calendar

J.R.H. 46.

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

Joint resolution strongly urging the Comptroller of the Currency to withdraw the newly adopted preemption rules restricting the states’ regulatory authority over national banks and their operating subsidiaries

Whereas, on August 5, 2003, the Office of the Comptroller of the Currency (OCC) proposed to amend parts 7 and 34 of chapter 1 of Title 12 of the Code of Federal Regulations to broaden significantly the federal preemption parameters for state laws related to national banks, including predatory lending standards and visitorial rights, and

Whereas, these new OCC rules as proposed, and subsequently published in final form on January 13, 2004, seriously undermine the unique dual American banking system, and

Whereas, they could result in a concentration of banking regulatory power in a centralized European-style system, and

Whereas, prior congressional efforts to preserve a basic parity of competitiveness between national and state banks is ignored under these rules, and

Whereas, the OCC has abandoned the Supreme Court’s preemption test providing that “states should not be deprived of the power to regulate national banks” in those instances where “doing so does not prevent or significantly interfere with the national bank’s exercise of its powers,” Barnett Bank of Marion County v. Nelson, 517 U.S. 25, 33 (1996), and

Whereas, the United States Congress adopted the Barnett preemption test standard in the Gramm-Leach-Bliley Financial Modernization Act of 1999, Pub L 106-102, and

Whereas, the newly adopted OCC rules would specifically preclude the states from enacting legislation pertaining to national banks and their operating subsidiaries, including those subsidiaries which are state-chartered, unless Congress has enacted specific state law standards, or if the particular state law has only an incidental effect on national banks, and

Whereas, the new rules would obliterate virtually all state consumer protections for national bank customers and leave them more vulnerable to deceptive trade practices, and

Whereas, as a consequence of this ill-advised OCC policy decision, all consumer complaints from the 2,150 national banks nationwide will be directed to one customer assistance center at the OCC, and

Whereas, this center accepts telephone calls only four days a week and has only approximately 40 staff members dedicated to this important task, and

Whereas, the Conference of State Bank Supervisors (CSBS) reports that  the states’ bank supervisory agencies and the states’ attorneys general employ nearly 700 full‑time individuals dedicated to the combined enforcement of consumer banking laws, and

Whereas, in 2003, the states’ bank supervisory agencies initiated over 20,000 investigations in response to consumer complaints, and many of these complaints were related to national banks and not state banks, and

Whereas, as a result of these new OCC rules, the U.S. House Committee on Financial Services in its “Views and Estimates of the Committee on Financial Services on Matters to be Set Forth in the Concurrent Resolution on the Budget for Fiscal Year 2005” added as an official expression of concern that the OCC “will be forced to utilize funds designated for other purposes to engage in consumer law enforcement activities that typically have been undertaken by the states,” and

Whereas, the established principle that states have a role in national bank regulation, the potential deterioration in consumer protection services, and the federal fiscal impact of the new OCC rules are all valid reasons for the OCC to withdraw the rules, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly strongly urges the Office of the Comptroller of the Currency to withdraw the recently adopted rules pertaining to preemption standards for state laws related to national banks, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to the Comptroller of the Currency John D. Hawke Jr. and the members of the Vermont Congressional Delegation. 

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action the next legislative day.

Senate Resolution Placed on Calendar

S.R. 29.

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

     By Senators Illuzzi, Canns, Greenwood, Mayo, Ayer, Bartlett, Bloomer, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Munt, Scott, Sears, Shepard, Snelling, Welch, and White,

S.R. 29.  Senate resolution designating Vermont professional loggers appreciation week.

Whereas, forestry-related industries comprise an essential component of Vermont’s economy, and

Whereas, the fundamental requirement for a healthy forestry industry is the vitality of the state’s logging operations, and

Whereas, there are many logging contractors in Vermont who employ highly skilled workers in the state’s forests, and

Whereas, Vermont’s loggers deliver raw wood materials to Vermont-based sawmills and to other mills around the world, and

Whereas, the forest-based manufacturing industry in Vermont, which is the recipient of these raw wood products, employs thousands of individuals and ships millions of dollars worth of processed wood around the world, and

Whereas, wood‑derived fuel is an important energy source in Vermont, and

Whereas, over 872 loggers have participated in classes at the Vermont Professional Loggers Program (VT PLP), during which they meticulously study all aspects of the logging profession, and

Whereas, after completing 32 credits in VT PLP classes, a logger earns certification as a professional logger, and

Whereas, continuing study is imperative if loggers, once certified, are to maintain their specialized skills and safety knowledge to work in the woods, and

Whereas, the loggers’ recertification is obtained through a further 32-credit, four-year program of one-week sessions at the Vermont Loggers Academy, which is the only logger training entity in Vermont which meets OSHA standards, and

Whereas, both of these outstanding educational programs are offered under the auspices of the private, nonprofit Vermont Loggers Association, now therefore be it

Resolved by the Senate:

That this legislative body designates the fourth week of April 2004 as Vermont Professional Loggers Appreciation Week, and be it further

Resolved:  That the Secretary of the Senate be directed to send a copy of this resolution to the Vermont Loggers Association in Greensboro.

Thereupon, in the discretion of the President, under Rule 51, the resolution was placed on the Calendar for action the next legislative day.

Bills Passed in Concurrence

House bills of the following titles were severally read the third time and passed in concurrence:

H. 771.  An act relating to the charter of the city of St. Albans.

H. 773.  An act relating to the charter of the town of Stowe.

Senate Resolutions Adopted

Senate resolutions entitled:

     S.R. 27.  Senate resolution designating May 3-9, 2004, as Public Service Recognition Week in Vermont.

     S.R. 28.  Senate resolution urging the United States Department of Health and Human Services to continue Vermont’s federal Medicaid waivers after the implementation of the new Medicare prescription drug benefit in 2006.

Having been placed on the Calendar for action, were taken up and adopted.

Joint Resolution Adopted on the Part of the Senate

J.R.S. 63.

Joint Senate resolution entitled:

Joint resolution urging the United States Postal Service to issue a new United States postage stamp commemorating the life of Matthew Lyon.

Having been placed on the Calendar for action, was taken up and adopted on the part of the Senate.

House Proposal of Amendment Concurred In

S. 190.

House proposal of amendment to Senate bill entitled:

An act relating to a vacancy on the prudential committee of an incorporated school district.

Was taken up.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  16 V.S.A. § 478 is added to read:

§ 478.  PRUDENTIAL COMMITTEE; VACANCIES

Unless the incorporated district has a provision in its charter to the contrary, when a vacancy occurs on a prudential committee, the remaining members shall appoint a person to fill the vacancy until the next annual or special meeting.  The members shall choose the new member by majority vote of those present and voting.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.

House Proposal of Amendment Not Concurred In; Committee of Conference Requested

S. 42.

House proposal of amendment to Senate bill entitled:

An act relating to creating an office of land recycling, and otherwise revising the brownsfields reclamation program.

Was taken up.

The House proposes to the Senate to amend the bill as follows:

First:  By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:

Sec. 1.  10 V.S.A. § 6615(d)(3) is added to read:

(3)  A municipality shall not be liable under this section provided that the municipality can show all the following:

(A)  The property was acquired by virtue of its function as sovereign through bankruptcy, tax delinquency, abandonment, or other similar circumstances.

(B)  The municipality did not cause or contribute to the contamination of the property.

(C)  The municipality has entered into an agreement with the secretary regarding sale of the property acquired or has undertaken abatement, investigation, remediation, or removal activities as required by section 6615a of this title.

Second:  In Sec. 2, 10 V.S.A. § 6615a, in subdivision (h)(2), at the end of the third sentence, after the word “determine” and before the period, by adding the following: , provided those requirements are not lower than the insurance requirements set forth in the standard state contract provisions

Third:  In Sec. 3, 32 V.S.A. § 10103(b)(7), by striking out the words “determines that the corrective action plan has been successfully completed and

Fourth:  In Sec. 4, by striking out the words “commissioner of banking, insurance, securities, and health care administration” and inserting in lieu thereof the words commissioner of buildings and general services and by striking out the date “January 1, 2004” and inserting in lieu thereof the date January 1, 2005

Fifth:  By adding seven new section to be numbered Secs. 6 through 12 to read as follows:

Sec. 6.  30 V.S.A. § 202c is amended to read:

§ 202c.  State telecommunications; policy and planning

(a)  The general assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the state vastly improved communication and access to information, but shifting costs to local telephone users and threatening universal basic service while creating new challenges for maintaining a robust, modern telecommunications network in Vermont.

(b)  Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to:

(1)  strengthen Strengthen the state’s role in telecommunications planning; and.

(1)  protect basic local exchange telephone service to Vermont residents by permitting the state to enter into a contract with providers of such services, at reasonable cost and superior quality;

(2)  provide the benefits of advances in telecommunications technology to Vermont residents either through a contract or by supporting competition through the reduction or suspension of regulatory requirements over any telecommunications service in which a competitive market exists;

(3)  strengthen the state's role in telecommunications planning; and

(4)  separate and make independent from the planning and regulatory agencies the function of public advocacy for advocating, monitoring and reporting on contracts for basic exchange telephone services.

(2)  Support the universal availability of affordable and appropriate infrastructures and services for transmitting voice and high-speed data.

(3)  Support the availability of modern mobile wireless telecommunications services along the state’s travel corridors and in the state’s communities.

(4)  Provide for high-quality, reliable telecommunications services for Vermont businesses and residents.

(5)  Provide the benefits of future advances in telecommunications technologies to Vermont residents and businesses.

(6)  Support competitive choice for consumers among telecommunications service providers.

(7)  Support the application of telecommunications technology to maintain and improve governmental and public services, public safety, and the economic development of the state.

Sec. 7.  30 V.S.A. § 202d is amended to read:

§ 202d.  TELECOMMUNICATIONS PLANNING PLAN

(a)  The department of public service, through the director for regulated utility planning, shall constitute the responsible utility planning agency of the state for the purpose of obtaining for all consumers in the state stable and predictable local exchange rates and toll rates and a technologically advanced telecommunications network serving all local exchange service areas in the state.  The director department of public service shall be responsible for the provision of plans for meeting emerging trends related to telecommunications, demand, supply, basic services, technology, markets, financing, and competition.

(b)  The department, through the director, of public service shall prepare a telecommunications plan for the state.  The department of innovation and information and the agency of commerce and community development shall assist the department of public service in preparing the plan.  The plan shall be for a 10 year seven-year period and shall serve as a basis for state telecommunications policy.  The plan shall include at a minimum Prior to preparing the plan, the department of public service shall prepare:

(1)  an overview, looking ten seven years ahead, of statewide growth and development as they relate to future requirements for telecommunications services, including patterns of urban expansion, statewide and service area economic growth, shifts in transportation modes, considering services needed for economic development, technological advances, and other trends and factors which, as determined by the director department of public service, will significantly affect state telecommunications policy and programs;

(2)  a survey of Vermont residents and businesses, conducted in cooperation with the agency of commerce and community development, to determine what telecommunications services are needed now and in the succeeding ten seven years;

(3)  a study and evaluation of conversion to measured service as ordered by the board an assessment of the current state of telecommunications infrastructure, including, to the best of the department’s ability, the effects of the sales and use tax exemption authorized pursuant to 32 V.S.A. § 9741(48);

(4)  an assessment, conducted in cooperation with the department of innovation and information, of the current state telecommunications system and evaluation of alternative proposals for upgrading the system to provide the best available and affordable technology for use by government; and

(5)  an assessment of the state of telecommunications networks and services in Vermont relative to other states, including price comparisons for key services and comparisons of the state of technology deployment.

(c)  In developing the plan, the department shall take into account the policies and goals of section 202c of this title, and the need for basic service at affordable rates, improved competition among providers, the needs of the state as user of telecommunications services, and future development of the state.

(d)  In establishing plans, public hearings shall be held and the director department of public service shall consult with members of the public, representatives of telephone telecommunications utilities, other providers, and other interested state agencies, particularly the agency of commerce and community development and the department of innovation and information, whose views shall be considered in preparation of the plan.  To the extent necessary, the director department of public service shall include in the plan, surveys to determine existing plant, needed and desirable plant improvements and extensions, access and coordination between telecommunications providers, methods of operations, and any change that will produce better service or reduce costs.  To this end, the director may require the submission of data by each company subject to supervision by the public service board as deemed desirable by the director deems desirable commissioner of public service.

(e)  Before adopting a plan, the department shall conduct public hearings on a final draft and shall consider the evidence presented at such hearings in preparing the final plan.  At least one hearing shall be held jointly with committees of the general assembly designated by the general assembly for this purpose.  The department shall then accept the plan or modify it in accordance with the evidence presented at such hearings.  The plan shall be adopted by January 1, 1989 June 1, 2004.

(f)  The director shall annually review that portion of a plan which extends over the next three years.  The department, through the director, shall annually extend the plan by one additional year; and from time to time, but in no event less than every three years, institute proceedings to review a plan and make revisions, where necessary.  The three year three-year major review and any interim revisions shall be made according to the procedures established in this section for initial adoption of the plan.  For good cause or upon request by a joint resolution passed by the general assembly, an interim review and revision of any section of the plan may be made after conducting public hearings on the interim revision.  At least one hearing shall be held jointly with committees of the general assembly designated by the general assembly for this purpose.

Sec. 8.  22 V.S.A. § 901 is amended to read:

§ 901.  CREATION OF DEPARTMENT

There is created the department of information and innovation within the agency of administration.  The department shall have all the responsibilities assigned to it by law, including the following:

* * *

(9)  to inventory technology assets within state government; and

(10)  to coordinate information technology training within state government; and

(11)  to support the statewide development of broadband telecommunications infrastructure and services at rates competitive within the national marketplace when purchasing telecommunications services or facilities, or through sharing of bandwidth with service providers or other users, equipment collocation arrangements with service providers, or other reasonable arrangements, in a manner consistent with the telecommunications plan prepared pursuant to 30 V.S.A. § 202d and community development objectives established by the agency of commerce and community development.

Sec. 9.  COMPENSATION FOR LEASE OF STATE PROPERTY

Prior to January 1, 2007, the secretary of administration, when acting pursuant to his or her authority under 30 V.S.A. § 227b, shall be authorized to lease the use of state property for the purpose of providing wireless telecommunications services to the public and to waive compensation due to the state for a period not to exceed three years from the date of installation.  Compensation shall only be waived based upon a wireless telecommunications service provider having first entered into a written agreement with the commissioner to reimburse the state for any costs associated with site preparation, permitting, development, and removal of equipment, and having certified and provided documentation demonstrating that:

(1)  the site located on state property will provide new or improved service; and

(2)  there are no reasonable alternative sites which would serve a substantially similar area which are commercially available.

Sec. 10.  32 V.S.A. § 9741(48) is added to read:

(48)(A)  Machinery, equipment, and fixtures purchased by a communications service provider, whether or not the service provider is subject to the jurisdiction of the public service board pursuant to 30 V.S.A. § 203(5), which the secretary of commerce and community development and the commissioner of public service certify will be used to provide two-way mobile communications service or advanced services in municipalities of the state identified by the secretary as unserved or underserved and which appear on a list published annually by the commissioner of taxes.  A certificate issued by the secretary under this subdivision shall be valid for up to three years from the date of issuance but in no case shall it be valid after June 30, 2008.

(B)  For the purposes of this subdivision “advanced services” are as defined in 47 C.F.R. § 51.5, unless otherwise defined by rule by the secretary of commerce and community development.  In adopting a rule, the secretary shall consider, among other factors, trends in the development of telecommunications technology and the type of data communications or broadband internet services with transmission speeds and other characteristics as necessary sufficient to meet the emerging communications needs of businesses and households.

(C)  Property shall be exempt under this subsection only if used within 36 months from the publication date of the list.  In determining the list of unserved and underserved municipalities, the following shall be taken into consideration:

(i)  the percentage of the population able to access the services;

(ii)  the affordability of the services;

(iii)  the economic stability of the existing service providers;

(iv)  the viability of the communications technology; and

(v)  the quality and reliability of the service.

(D)  The secretary shall not issue an exemption certificate under this subdivision if the proposed services are of the same type as services currently available to the proposed population.

Sec. 11.  REPORT

The Secretary of Commerce and Community Development shall, by January 15, 2006, and again by January 15, 2008, report to the General Assembly on the effectiveness of the telecommunications service sales tax exemption under 32 V.S.A. § 9741(48).  The report shall include a description of:

(1)  each municipality which has been listed as unserved or underserved and the date of the initial listing;

(2)  each municipality which has been removed from the unserved or underserved list, and the date of removal from the list;

(3)  communications services which have been provided to each municipality reported under subdivision (2) of this section, and a description of the extent, quality, viability, and affordability of those services;

(4)  the amount of sales and use tax exempted each fiscal year under 32 V.S.A. § 9741(48), as reported to the secretary by certificate recipients;

(5)  the foregone lease revenues in each fiscal year for each lease of state property to a wireless telecommunications service provider under Sec. 4 of this act.

Sec. 12.  EFFECTIVE DATE

This act shall take effect from passage, except Sec. 10 (sales tax exemption for telecommunications equipment), shall apply to sales and uses occurring after June 30, 2005, but before July 1, 2008; and 32 V.S.A. § 9741(48) is repealed effective July 1, 2008.

     And upon passage, the title shall be amended to read:

     AN ACT RELATING TO THE REDEVELOPMENT OF CONTAMINATED PROPERTIES PROGRAM, STATE TELECOMMUNICATIONS POLICY, AND THE SALES AND USE TAX ON TELECOMMUNICATIONS EQUIPMENT.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Greenwood, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Bill Passed in Concurrence with Proposals of Amendment

H. 735.

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

An act relating to improving availability of home and community based care services.

Proposal of Amendment; Third Reading Ordered

H. 547.

Senator Mullin, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to the confidentiality and noncommercial distribution of certain tax records and data.

Reported recommending that the Senate propose to the House to amend the bill by striking out Secs. 1 through 4 in their entirety and renumbering Sec. 5 to be Sec. 1.

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.

Appointment Confirmed

The following Gubernatorial appointment was confirmed separately by the Senate, upon full report given by the Committee to which it was referred:

The nomination of

     Harold E. Eaton, Jr. of Woodstock – District Court Judge, - from April 16, 2004, to March 31, 2005.

Was confirmed by the Senate on a roll call, Yeas 25, Nays 0.

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

Roll Call

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

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: Bartlett, Collins, Dunne, Gander, Snelling.

Appointments Confirmed

Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Welch, the following Gubernatorial appointments were confirmed together as a group by the Senate, without reports given by the Committees to which they were referred and without debate:

     Albert Pearce, Jr. of Richford - Member of the Community High School of Vermont Board, - from August 4, 2003, to February 28, 2005.

     Dwight A. Davis of East Burke - Member of the Community High School of Vermont Board, - from July 28, 2003, to February 28, 2005.

     Kathleen O’Dell of Waterbury - Member of the Community High School of Vermont Board, - from July 25, 2003, to February 28, 2005.

     Blanche Kelley of Rutland - Member of the Community High School of Vermont Board, - from August 6, 2003, to February 29, 2004.

     Blanche Kelley of Rutland - Member of the Community High School of Vermont Board, - from March 1, 2004, to February 28, 2007.

     Richard Fraser of South Ryegate - Member of the Community High School of Vermont Board, - from November 14, 2003, to February 29, 2004.

     Richard Fraser of South Ryegate - Member of the Community High School of Vermont Board, - from March 1, 2004, to February 28, 2007.

     Laurel Butler of Colchester - Member of the Community High School of Vermont Board, - from August 26, 2003, to February 29, 2004.

     Laurel Butler of Colchester - Member of the Community High School of Vermont Board, - from March 1, 2004, to February 28, 2007.

     Don Messier of Jericho - Member of the Community High School of Vermont Board, - from July 24, 2003, to February 28, 2006.

     David Mulholland of Westminster - Member of the Community High School of Vermont Board, - from July 24, 2003, to February 28, 2006.

     Susan Roush Bruce of St. Albans - Member of the Board of Libraries, - from March 3, 2004, to February 28, 2007.

     Aline B. White of Newport - Member of the Board of Libraries, - from March 5, 2004, to February 28, 2008.

     Ronald Kilburn of Swanton - Member of the Vermont Transportation Authority, - from March 3, 2004, to January 31, 2008.

     Joan Hungerford of St. Albans - Member of the Transportation Board, - from March 18, 2004, to February 28, 2007.

     Jane Lendway of Montpelier – State Historic Preservation Officer, - from April 20, 2004, to February 28, 2005.

     William Raap of Shelburne - Member of the Sustainable Jobs Fund Board of Directors, - from April 7, 2004, to February 28, 2008.

     Fred V. Peet of South Burlington - Member of the Vermont State Housing Authority, - from July 21, 2003, to February 28, 2008.

Bill Called Up

H. 632.

House bill of the following title was called up by Senator Welch, and, under the rule, placed on the Calendar for action the next legislative day:

An act relating to workers’ compensation.

Committee of Conference Appointed

H. 768.

An act making appropriations for the support of government.

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

                                         Senator Bartlett

                                         Senator Sears

                                         Senator Bloomer

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

Rules Suspended; Bills Messaged

On motion of Senator Welch, the rules were suspended, and the following bill’s were ordered messaged to the House forthwith:

H. 735; H. 771; H. 773.

Rules Suspended; Bill Messaged to Governor

On motion of Senator Welch, the rules were suspended, and the following bill was ordered messaged to the Governor forthwith:

S. 190.

Message from the House No. 63

     A message was received from the House of Representatives by Mr. MaGill, its First Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has adopted concurrent resolutions of the following titles:

     H.C.R. 280.  House concurrent resolution in memory of former Representative Thomas A. O’Neil of Richmond.

     H.C.R. 281.  House concurrent resolution congratulating Richard Comtois on his being named as Vermont’s 55+ worker of the year.

     H.C.R. 282.  House concurrent resolution honoring Weyman and Joanna Crocker for their roles in founding and operating Middle House, Inc. in Bellows Falls.

     H.C.R. 283.  House concurrent resolution congratulating the 2004 Thetford Academy Panthers Division III championship boys’ basketball team.

     H.C.R. 284.  House concurrent resolution congratulating Dr. Patti O’Brien on her receipt of the 2004 Susan G. Komen Breast Cancer Foundation’s Community Service Award.

     H.C.R. 285.  House concurrent resolution congratulating former Senator Salvatore Santarcangelo for his many years of local and state public service .

     H.C.R. 286.  House concurrent resolution congratulating the outstanding 2003 South Burlington youth baseball teams.

     H.C.R. 287.  House concurrent resolution congratulating the Chittenden-South Burlington (CSB) Hawks Tier II Bantam ice hockey team .

     H.C.R. 288.  House concurrent resolution congratulating the Greater Burlington Industrial Corporation on the occasion of its 50th anniversary.

     H.C.R. 289.  House concurrent resolution congratulating the 2003 Lamoille Union High School Lancers Division II championship girls’ soccer team.

     H.C.R. 290.  House concurrent resolution congratulating the 2004 Lamoille Union High School Lancers Division II championship boys’ Nordic ski team.

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

     The House has considered a concurrent resolution originating in the Senate of the following title:

     S.C.R. 60.  Senate concurrent resolution in memory of former Representative Jane Potvin.

And has adopted the same in concurrence.

Senate 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, are hereby adopted on the part of the Senate:

S.C.R. 60.

By Senators Mazza, Bartlett, Collins, Doyle, Dunne, Gossens, Illuzzi, Kittell, Lyons and Snelling,

By Representatives Aswad of Burlington, Bohi of Hartford, Botzow of Pownal, Corcoran of Bennington, Cross of Winooski, Dakin of Colchester, Emmons of Springfield, Heath of Westford, Hummel of Underhill, Johnson of South Hero, Lippert of Hinesburg, Milkey of Brattleboro, Nease of Johnson, Obuchowski of Rockingham, Partridge of Windham, Perry of Richford, Rusten of Halifax, Trombley of Grand Isle, Vincent of Waterbury and Young of Orwell,

Senate concurrent resolution in memory of former Representative Jane Potvin.

     [The full text of the Senate Concurrent Resolutions appeared in the Senate Calendar Addendum for Thursday, April 29, 2004, and, if adopted in concurrence by the House, 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.]


House Concurrent Resolutions

     The following joint concurrent resolutions 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, are hereby adopted in concurrence:

H.C.R. 280.

By Representatives Robinson of Richmond, Adams of Hartland, Allaire of Rutland City, Baker of West Rutland, Bohi of Hartford, Brooks of Montpelier, Brown of Walden, Carey of Chester, Crowley of West Rutland, Darrow of Dummerston, Donovan of Burlington, Emmons of Springfield, Errecart of Shelburne, Gervais of Enosburg, Gray of Barre Town, Hall of Newport City, Howrigan of Fairfield, Hudson of Lyndon, Jewett of Ripton, Keenan of St. Albans City, Kennedy of Chelsea, Kenyon of Bradford, Lippert of Hinesburg, Mazur of South Burlington, Milkey of Brattleboro, Miller of Elmore, Molloy of Arlington, Myers of Essex, Nuovo of Middlebury, Obuchowski of Rockingham, Perry of Richford, Rusten of Halifax, Seibert of Norwich, Shaw of Derby, Sheltra of Derby, Starr of Troy, Symington of Jericho, Towne of Berlin, Vincent of Waterbury, Waite of Pawlet, Webster of Randolph, Westman of Cambridge and Wood of Brandon,

House concurrent resolution in memory of former Representative Thomas A. O’Neil of Richmond.

H.C.R. 281.

By Representatives Obuchowski of Rockingham and Partridge of Windham,

House concurrent resolution congratulating Richard Comtois on his being named as Vermont’s 55+ worker of the year.

H.C.R. 282.

By Representatives Obuchowski of Rockingham and Partridge of Windham,

House concurrent resolution honoring Weyman and Joanna Crocker for their roles in founding and operating Middle House, Inc. in Bellows Falls.

H.C.R. 283.

By Representatives Masland of Thetford and Seibert of Norwich,

House concurrent resolution congratulating the 2004 Thetford Academy Panthers Division III championship boys’ basketball team.


H.C.R. 284.

By Representatives Pugh of South Burlington, Audette of South Burlington, Head of South Burlington, Mazur of South Burlington and Morrissey of Bennington,

By Senators Condos, Leddy, Lyons, Miller, Munt and Snelling,

House concurrent resolution congratulating Dr. Patti O’Brien on her receipt of the 2004 Susan G. Komen Breast Cancer Foundation’s Community Service Award.

H.C.R. 285.

By Representatives Morrissey of Bennington, Corcoran of Bennington, Krawczyk, A. of Bennington and Krawczyk, J. of Bennington,

By Senator Sears of Bennington County and Senator Shepard of Bennington County,

     House concurrent resolution congratulating former Senator Salvatore Santarcangelo for his many years of local and state public service.

H.C.R. 286.

By Representatives Pugh of South Burlington, Audette of South Burlington, Head of South Burlington and Mazur of South Burlington,

By Senators Condos, Leddy, Lyons, Miller, Munt and Snelling,

House concurrent resolution congratulating the outstanding 2003 South Burlington youth baseball teams.

H.C.R. 287.

By Representatives Errecart of Shelburne, Audette of South Burlington, Schiavone of Shelburne, Amidon of Charlotte, Head of South Burlington, Lippert of Hinesburg, Mazur of South Burlington, McCullough of Williston, Peterson of Williston and Pugh of South Burlington,

House concurrent resolution congratulating the Chittenden-South Burlington (CSB) Hawks Tier II Bantam ice hockey team.

H.C.R. 288.

By Representatives Mazur of South Burlington, Adams of Hartland, Allaire of Rutland City, Amidon of Charlotte, Aswad of Burlington, Atkins of Winooski, Audette of South Burlington, Brown of Walden, Crowley of West Rutland, Donovan of Burlington, Endres of Milton, Errecart of Shelburne, Freed of Dorset, Hall of Newport City, Head of South Burlington, Houston of Ferrisburgh, Hube of Londonderry, Hunt of Essex, Kennedy of Chelsea, Keogh of Burlington, Kirker of Essex, LaVoie of Swanton, Livingston of Manchester, Marron of Stowe, Martin of Springfield, McCullough of Williston, Metzger of Milton, Myers of Essex, Peterson of Williston, Robinson of Richmond, Schiavone of Shelburne, Severance of Colchester, Sharpe of Bristol, Shaw of Derby, Sweetser of Essex, Symington of Jericho, Tracy of Burlington, Westman of Cambridge and Wright of Burlington,

By Senators Ayer, Bartlett, Bloomer, Campbell, Canns, Collins, Condos, Cummings, Doyle, Dunne, Gander, Gossens, Greenwood, Kittell, Leddy, Lyons, Maynard, Mayo, Mazza, Miller, Mullin, Munt, Scott, Sears, Shepard, Snelling, Welch and White,

House concurrent resolution congratulating the Greater Burlington Industrial Corporation on the occasion of its 50th anniversary.

H.C.R. 289.

By Representatives Nease of Johnson, Bailey of Hyde Park and Westman of Cambridge,

By Senator Bartlett,

House concurrent resolution congratulating the 2003 Lamoille Union High School Lancers Division II championship girls’ soccer team.

H.C.R. 290.

By Representatives Nease of Johnson, Bailey of Hyde Park and Westman of Cambridge,

By Senator Bartlett,

House concurrent resolution congratulating the 2004 Lamoille Union High School Lancers Division II championship boys’ Nordic ski team.

[The full text of the House Concurrent Resolutions appeared in the Senate Calendar Addendum for Thursday, April 29, 2004, 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.]

Adjournment

On motion of Senator Welch, the Senate adjourned, to reconvene on Tuesday, May 4, 2004, at nine o’clock in the forenoon pursuant to J.R.S. 62.