Journal of the Senate

________________

Friday, April 1, 2005

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Stephen Berry of Shelburne.

Pages Honored

In appreciation of their many services to the members of the General Assembly, the President recognized the following-named pages who are completing their services today and presented them with commemorative posters:

                                          Jim Courtney of Hartland

                                          Kassandra Dunsmore of St. Albans

                                          Abe Freidin of New Haven

                                          Kelsey Hancock of Essex Junction

                                          Mary Lacy of Jericho

                                          Colin O’Leary of Dorset

                                          Elsa Raker of Plainfield

                                          Thomas Salmon of Bellows Falls

                                          Natalie Sargeant of Rutland

                                          Laura Turek of Waterford

Message from the House No. 35

     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 passed bills of the following titles:

     H. 48.  An act relating to wine auctions by nonprofit organizations.

     H. 351.  An act relating to a hunting and fishing super sport license.

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

Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 80.  An act relating to increasing the minimum wage.

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

                                         Rep. Brooks of Montpelier

                                         Rep. Head of South Burlington

                                         Rep. Howrigan of Fairfield

Bill Introduced

Senate bill of the following title was introduced, read the first time and referred:

S. 163.

By Senators Wilton, Shepard and Starr,

An act to require parental notification prior to performing an abortion on an unemancipated minor.

To the Committee on Judiciary.

Bills Referred

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

H. 48.

An act relating to wine auctions by nonprofit organizations.

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

H. 351.

An act relating to a hunting and fishing super sport license.

To the Committee on Natural Resources and Energy.

Message from the Governor

Appointment Referred

     A message was received from the Governor, by Neale Lunderville, Secretary of Civil and Military Affairs, submitting the following appointment, which was referred to a committee as indicated:

     Walter E. Freed of Dorset - Member of the Liquor Control Board, - from March 24, 2005, to January 31, 2007.

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

Bill Amended; Third Reading Ordered

S. 56.

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

An act relating to restructuring the agency of natural resources.

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

Sec. 1.  LEGISLATIVE FINDINGS AND PRINCIPLES

The general assembly finds:

(1)  The agency of natural resources affects the lives of all Vermonters in carrying out its duties to protect and responsibly manage Vermont’s precious natural resources for the benefit of current and future generations.

(2)  The following obstacles currently prevent the agency of natural resources from consistently meeting its statutory obligations:

(A)  Agency of natural resources programs in the three agency departments (the department of environmental conservation, the department of fish and wildlife, and the department of forests, parks and recreation) are not sufficiently well integrated.

(B)  A significant number of agency of natural resources staff work in regional offices throughout the state.  These staff are familiar with and focused on meeting the unique natural resources challenges of their regions.  However, there is also a need to ensure that the practices implemented in the regions are connected to basic agency-wide policies and to the agency management system.  The lack of coordination between regional and central agency staff can result in the inconsistent application of agency policies.

(C)  The following examples attest to the challenges faced by the agency of natural resources in meeting state and federal statutory mandates in a timely manner:

(i)  The agency has not completed the basin planning requirement in state and federal law.

(ii)  The agency has not completed basic, minimal groundwater mapping for aquifers serving public water systems as required by state law.

(iii)  The agency has not completed implementation of key components of the federal Clean Water Act, such as developing total maximum daily loads (TMDL) and developing an antidegradation implementation policy.

(D)  Appeals of agency decisions reveal that, on occasion, those decisions are inconsistent with state law.

(E)  The problems faced by the agency of natural resources may be the result of a lack of agency resources, an inefficient use of existing resources, inefficiencies in the agency management structure, or any combination of these and other factors.

(F)  Currently, there is not a clear and consistent connection between the agency’s own policy, planning, and implementation work and core environmental issues being addressed by other state agencies (including state long-range transportation planning, energy planning, and planning to address global climate change).

(G)  State agencies, in general, fail to comply with the “Act 200” planning requirements of 24 V.S.A. § 4302.  Therefore, it is difficult for the agency of natural resources:

(i)  to assure that it acts in a manner consistent with its own Act 200 plans;

(ii)  to coordinate its plans with the Act 200 plans of other agencies; and

(iii)  to assure that its actions are consistent with the Act 200 goals. 

(3)  Good policy and planning are vital to any large agency’s ability to efficiently carry out its responsibilities.  The agency’s planning and policy efforts must be well connected and communicated to the staff who implement these policies.  The agency’s internal policy must be coordinated with planning efforts in the individual departments.

(4)  The agency must have a clear, well articulated vision to implement the state’s environmental policy as established by law.  This will be done in a manner that connects to the work of all the departments and guides staff implementation.

Sec. 2.  TIMELINE AND PROCESS

The secretary shall engage in the following process as part of a restructuring of the agency:

(1)  In order to implement state environmental policy for the benefit of current and future generations, the secretary shall:

(A)  Collaborate with agency staff, advocacy groups, other state agencies, municipalities, and other stakeholders to receive input on organizational models and the design of the agency.  This process may include focus groups, public meetings, newsletters, surveys, and the use of a website and shall continue through December 2005.

(B)  Collaborate with agency staff, advocacy groups, other state agencies, municipalities, and other stakeholders to determine specific accountability indicators needed to measure the success and performance of agency restructuring.

(C)  Examine areas where consultation may be needed, such as information technology design, federal cost allocation, and organizational development.

(D)  Identify and implement staff development programs necessary to assist the agency staff to carry out their responsibilities in the restructured agency.

(E)  Compile all procedures and rules that govern any part of the agency and publish them on the agency website by July 1, 2006, along with a user-friendly index and table of contents.

(2)  A statewide advisory group, the Agency Reorganization Committee (ARC), is created to advise the secretary on the design of the restructured agency.  It shall consist of no more than 12 members, who shall be appointed by the legislative oversight committee, in consultation with the secretary of natural resources, as follows: two representing regulated business and development interests; two representing environmental organizations; one representing fish and wildlife interests; one representing the interests of forests and parks; one representing recreational interests; one representing local government; one representing regional government; one representing the Vermont State Employees Association; and two representing citizens’ groups.  Appointments shall be made no later than June 1, 2005, and shall be for terms of one year.  The secretary shall convene the first meeting of ARC no later than July 1, 2005, and establish regular meetings thereafter.  The ARC shall hold public hearings with respect to the functions of the agency, and the issues identified in this act, in each of the agency’s five administrative districts and provide public notice of each public hearing.  The secretary and the consultant, in consultation with ARC, shall establish a process to solicit input from agency staff.  For purposes of this act only, the provisions of the collective bargaining contract article on whistle blower, as printed in the agreements between the State of Vermont and the Vermont State Employees’ Association, are extended to all employees in the agency not covered by these agreements.  Members of the ARC not receiving compensation for service on the advisory group from another source are entitled to compensation under section 1010 of Title 32.

(3)  The secretary shall examine functions, such as administrative support and supervision, and space requirements necessary to establish an agency that is responsive and helpful to permit applicants, neighbors, and others interested in and affected by the permitting process.

(4)  On or before December 1, 2005, the secretary shall prepare and present a draft report to the ARC on natural resources restructuring for review and comment. ARC members shall provide comment based on review no later than December 15, 2005.

(5)  On or before January 15, 2006, the secretary shall prepare and present to the legislative oversight committee on natural resources restructuring established in Sec. 2 of this act:

(A)  a report containing initial recommendations for restructuring the agency, including:

(i)  a plan for making the agency’s permit process, enforcement actions, and other functions more accessible in order to increase efficiency, transparency, and accountability.  This shall include a detailed articulation of the resources and time frame needed for implementation of the plan;

(ii)  agency action to meet statutory obligations under 10 V.S.A. § 1253(d) regarding basin planning including plan updates every five years;

(iii)  standardization and integration of the agency’s permit programs to make them more user‑friendly to applicants and to others concerned with natural resource management and the environment, while at the same time protecting the state’s natural resources to the full extent of the law;

(iv)  accountability mechanisms to ensure that alleged permit violations are forwarded to the agency’s enforcement division and that there is a sufficient enforcement presence to give the resources the protection anticipated by the pertinent underlying legislation and to assure that those who do not comply with the law are not given an unfair advantage over those who do;

(v)  documentation procedures to ensure that agency decisions are made in compliance with applicable law and that they adhere to sound, generally accepted scientific principles and methods; and

(vi)  provision of policy guidance from the agency’s planning efforts to coordinate between the agency’s many departments and divisions in a manner that protects the state’s resources while responding to legitimate interests of applicants and others involved in the permitting process;

(B)  draft legislation necessary to eliminate contradictions in existing statutes and to authorize the reorganization proposed by the agency;

(C)  a report on the budgetary impacts and transitional costs of restructuring; and

(D)  recommendations for improving coordination of functions that are shared with, or that overlap with, those of other state agencies and units of local government.

Sec. 3.  THE LEGISLATIVE OVERSIGHT COMMITTEE ON NATURAL RESOURCES RESTRUCTURING

(a)  There is created the legislative oversight committee on natural resources restructuring to oversee the restructuring of the agency of natural resources.  The committee shall be composed of four members from the house of representatives to be appointed by the speaker of the house, not all from the same party, and four members from the senate to be appointed by the committee on committees, not all from the same party.  Initial appointments shall be made by July 1, 2005. 

(b)  The committee shall review whether agency restructuring achieves the goals of this act effectively and efficiently.  Specifically, the committee shall:

(1)  solicit input from the ARC and from individuals served by the agency, whether as permit applicants, neighbors, or persons who use and enjoy the state’s natural resources;

(2)  monitor the restructuring process and timeline; and

(3)  measure the efforts of the agency against the goals and principles described in this act.

(c)  The committee may meet up to six times per year while the general assembly is not in session to perform its functions under this section.

(d)  The secretary of the agency of natural resources shall report to the committee as required by the committee.

(e)  Members of the committee shall be entitled to compensation and reimbursement for expenses under section 406 of Title 2.

(f)  The committee may prepare and propose draft legislation which amends the Vermont Statutes Annotated to conform to the restructuring of the agency.

Sec. 4.  RESTRUCTURING; AUTHORIZATION

After filing the report required in subdivision (5) of Sec. 2 of this act, the secretary of natural resources shall have the authority to restructure the agency of natural resources, including the authority to make organizational changes according to the goals, principles, and processes set forth in this act.  For the purposes of this act:

(1)  The secretary may transfer appropriations within the agency in order to carry out the purposes of this act, provided that the total amount appropriated to the agency shall remain the same.  The secretary shall not transfer an appropriation without the approval of the joint fiscal committee.  Prior to transferring an appropriation, the secretary shall submit a written proposal for the transfer to the legislative oversight committee on natural resources restructuring and to the joint fiscal committee.  The legislative oversight committee shall have up to 45 days to review the proposal and provide its recommendation on the proposal to the joint fiscal committee.  The joint fiscal committee shall meet within 30 days of the date of its receipt of the recommendations from the legislative oversight committee to review and act upon the proposal.  However, the joint fiscal committee shall not act upon the proposal until it receives a recommendation from the legislative oversight committee or after the passage of 45 days from the date of its receipt of the proposal.  The transfer shall be deemed approved by the joint fiscal committee and the secretary may implement the transfer if:

(A)  the joint fiscal committee fails to act within its 30-day period for review, in case a timely recommendation is received from the legislative oversight committee; or

(B)  if the joint fiscal committee fails to act within 75 days of receipt of the proposal, in the absence of a timely recommendation from the legislative oversight committee.

(2)  The secretary may transfer or reallocate personnel, functions, and programs consistent with this act, subject to personnel laws, rules and contracts.  The secretary shall identify personnel laws and rules, and contracted services which affect the agency’s ability to meet the goals and principles set forth in this act.

(3)  The secretary may use pilot programs or action research initiatives to facilitate the development of agency protocols.

Sec. 5.  STRATEGIC PLAN

On or before May 1, 2006, the secretary shall prepare a strategic plan to implement state environmental policy, which shall be updated biennially and presented to the general assembly and to members of the house and senate committees on natural resources and energy.  The strategic plan shall set and clarify goals; describe the process for engagement of agency staff, permit applicants, advocacy groups, advisory groups, and other affected agencies; provide an ongoing assessment of the effectiveness of the plan in implementing state environmental policy; and establish and describe milestones for development of the plan.

Sec. 6.  APPLICATION

Nothing in this act, nor any action taken pursuant to this act, shall affect the validity of agency of natural resources rules in effect, assets owned, or contracts or other agreements entered into by the agency.  Rules in effect on the effective date of this act shall remain in effect until amended or repealed by the secretary.

Sec. 7.  SUNSET

Sec. 2, subdivision (2) (ARC), Sec. 3 (legislative oversight committee on natural resources restructuring), and Sec. 4 (restructuring authorization) of this act are repealed on July 1, 2008.

Sec. 8.  APPROPRIATION

The sum of $50,000.00 is appropriated from the general fund to the agency of natural resources in fiscal year 2006 for the purpose of hiring a consultant‑facilitator to assist in implementation of this act.

Sec. 9.  EFFECTIVE DATE

This act shall take effect upon passage.

And that when so amended the bill ought to pass.

Senator Bartlett, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and pending the question, Shall the bill be read the third time?, Senator Condos, for the Committee on Government Operations, moved that the bill be amended as follows:

First:  In Sec. 2, subdivision (2), first sentence, by striking out the following:  “Agency Reorganization Committee (ARC)” and inserting in lieu thereof the following: Agency of Natural Resources Re-organization  Committee (ANRRC)

Second:  In Sec. 2, in subdivision (2), by striking out the following: “Appointments shall be made no later than June 1, 2005, and shall be for terms of one year.and inserting in lieu thereof the following: Appointments shall be made no later than June 15, 2005, and shall be for terms of one year.

Third:  In Sec. 3, subsection (a), by striking out the last sentence and inserting in lieu thereof the following: Initial appointments shall be made by no later than June 1, 2005, regardless of whether the legislature has adjourned.

Fourth:  In Secs. 2, 3, and 7, by striking out the following: “ARC” wherever it appears and by inserting in lieu thereof the following: “ANRRC

Which was agreed to.

Thereupon, third reading of the bill was ordered.

Bill Passed

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

S. 66.

An act relating to the welfare of animals.

Joint Resolution Amended; Joint Resolution Adopted on the Part of the Senate; Rules Suspended; Joint Resolution Messaged

Joint Senate resolution entitled:

     J.R.S. 21.  Joint resolution in support of establishing a foreign trade zone in Brattleboro

Was taken up.

Thereupon, pending third reading of the joint resolution, Senator Snelling moved to amend the resolution by striking out the first Resolved clause in its entirety and inserting in lieu thereof the following:

     Resolved by the Senate and House of Representatives:

     That the General Assembly supports the Brattleboro Foreign Trade Zone, L.L.C.’s application to the United States Department of Commerce for the establishment of a foreign trade zone in the greater Brattleboro area, and be it further

Which was agreed to.

Thereupon, the joint resolution was read the third time and adopted on the part of the Senate.

Thereupon, on motion of Senator Welch, the rules were suspended, and the joint resolution was ordered messaged to the House forthwith.

Bill Amended; Third Reading Ordered

S. 18.

Senator White, for the Committee on Agriculture, to which was referred Senate bill entitled:

An act relating to liability resulting from the use of genetically engineered seeds and plant parts.

Reported that the bill ought to pass.

Senator Campbell, for the Committee on Judiciary, to which the bill was referred, reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  SHORT TITLE

This act shall be known and may be cited as the Farmer Protection Act.

Sec. 2.  FINDINGS; PURPOSE 

The general assembly finds that agriculture is a central and vital component of our state's economy.  Vermont has a unique, national reputation for producing high quality crops, and its agricultural heritage is dependent on maintaining this reputation.  Vermont is a leading producer of organic crops.  Vermont’s economy is also dependent on tourism that results from maintaining the state’s reputation as a state with a pure and preserved natural environment.  Genetically engineered crops have been shown to be dispersed into the environment, including through pollen drift, seed mix‑ups, inadvertent transfer of seeds by humans and animals, and extreme weather events.  The liability for the effects of genetically engineered crops has unfairly fallen on farmers who do not plant genetically engineered crops as well as farmers who do plant genetically engineered crops, and it can be expected that the liabilities associated with the growing of genetically engineered crops in Vermont will be passed by the manufacturer to the grower of the crop and farmers who do not plant genetically engineered crops.  Genetically engineered crops cannot be successfully segregated from crops that are not genetically engineered in current agronomic science, agricultural practices, and agricultural infrastructure.  Therefore, it is the purpose of this act to ensure that farmers are not harmed by this technology and to place the liability for any harm on the manufacturer of the genetically engineered crops.

Sec. 3.  6 V.S.A. chapter 35, subchapter 3 is added to read:

Subchapter 3.  Liability Resulting from the Use of

Genetically Engineered Seeds and Plant Parts

§ 650.  DEFINITIONS

As used in this subchapter:

(1)  “Genetically engineered crop” means a crop grown from genetically engineered seed as defined in subdivision 641(9) of this title or genetically engineered plant part as defined in subdivision 641(10).

(2)  “Injury” includes:

(A)  loss of any price premium that would have accrued to a farmer by contract or other marketing arrangement or that would have been otherwise reasonably available to the person through ordinary commercial channels;

(B)  any reasonable additional transportation, storage, handling, or related charges or costs incurred by the contaminated farmer that would not have been incurred in the absence of crop contamination;

(C)  any judgment, charge, or penalty for which the farmer of nongenetically engineered products is liable because of breach of contract, including loss of organic certification for failure to deliver a crop or shipment free of genetically engineered material or for delivering a crop or shipment exceeding any contractually agreed tolerances for the presence of genetically engineered material;

(D)  market price reductions incurred by a farmer resulting from loss of crop exports, including foreign and domestic markets; and

(E)  a farmer’s loss of livelihood or reputation caused by genetically engineered crops.

(3)  “Manufacturer” means a person producing and commercializing genetically engineered seeds or plant parts.

§ 651.  LIABILITY FOR DAMAGES RESULTING FROM GENETICALLY ENGINEERED CROPS

(a)  The manufacturer of a genetically engineered seed or plant part is liable to any person who has suffered injury by the release into Vermont of a genetically engineered crop produced from such seed or plant part.  The prevailing plaintiff in an action under this subsection may recover compensable damages, reasonable attorney’s fees, and other litigation expenses. 

(b)  The liability created by this section may not be waived or otherwise avoided by contract or other means other than insurance.

(c)  A manufacturer shall have an affirmative defense to liability under this section if:

(1)  the farmer acted in gross negligence to cause the release of the genetically engineered crop that resulted in injury;

(2)  the farmer had received and signed a contract with the manufacturer;

(3)  the farmer had received a training manual from the manufacturer; and

(4)  by following the manufacturer’s contract and training manual, the farmer would not have caused injury through the use of the genetically engineered crop.

§ 652.  SEED CONTRACTS GOVERNED BY VERMONT LAW

(a)  A seed contract for the purchase of seeds or plant parts in Vermont is governed by the laws of Vermont.  If a seed contract purports to choose the laws of a jurisdiction other than Vermont to govern the contract, such provisions of the contract are void and unenforceable. 

(b)  The venue for an action under this subchapter shall be in the county in which the injury is alleged to have occurred.

§ 653.  LIMITATION OF ACTION

An action brought pursuant to this subchapter shall be brought within three years after the cause of action accrues and not after.

Sec. 4.  SEVERABILITY

If any provision of this act or its application to any person or circumstance is held invalid or in violation of the constitution or laws of the United States, the invalidity or the violation shall not affect other provisions of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.

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, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

Joint Resolution Adopted on the Part of the Senate

J.R.S. 23.

Joint Senate resolution entitled:

Joint resolution in opposition to the establishment of a permanent border patrol checkpoint on Interstate 91 south of White River Junction.

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

Joint Resolution Adopted in Concurrence

J.R.H. 29.

Joint House resolution entitled:

Joint resolution designating March as colon cancer month.

Having been placed on the Calendar for action, was taken up and adopted in concurrence.

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 nomination of

     Jeffrey N. Wennberg of Rutland – Commissioner of the Department of Environmental Conservation – March 1, 2005, to February 28, 2007.

     Was confirmed by the Senate on a roll call, Yeas 27, Nays 0.

Senator Lyons 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, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: Gander, Mullin.

     The nomination of

     R. Tasha Wallis of Stowe – Commissioner of the Department of Buildings and General Services – January 24, 2005, to February 28, 2005.

     R. Tasha Wallis of Stowe – Commissioner of the Department of Buildings and General Services – March 1, 2005, to February 28, 2007.

     Was confirmed by the Senate on a roll call, Yeas 27, 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: Ayer, Bartlett, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: Gander, Mullin.

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:

     Kathryn Boardman of Shelburne – Member of the Vermont Municipal Bond Bank – February 1, 2005, to January 31, 2007.

     Ruth Stokes of Williston – Member of the State Board of Education – March 1, 2005, to February 28, 2011.

     Nancy Price Graff of Montpelier – Member of the Board of Libraries – July 1, 2004, to June 30, 2008.

     John Ewing of Burlington – Member of the Vermont Housing and Conservation Board – February 1, 2005, to January 31, 2008.

     Roy Folsom of Cabot – Member of the Vermont Housing and Conservation Board – February 7, 2005, to January 31, 2008.

     Leo O. Larocque of Whiting – Member of the Electricians Licensing Board – September 1, 2004, to June 30, 2007.

     Timothy Watkins of East Middlebury – Member of the Electricians Licensing Board – November 24, 2003, to June 30, 2006.

     Robert Williams of Poultney – Member of the Electricians Licensing Board – September 1, 2004, to June 30, 2006.

     John LaBarge of South Hero – Member of the Travel Information Council – March 1, 2005, to February 28, 2007.

     David Brown of Williston – Member of the Vermont Economic Development Authority – July 1, 2004, to June 30, 2010.

     Martha O’Connor of Brattleboro – Member of the Vermont State Colleges Board of Trustees – March 1, 2005, to February 28, 2011.

     Frank Mazza of Brandon – Member of the Vermont State Colleges Board of Trustees – March 1, 2005, to February 28, 2011.

     Marie Duquette of Stowe – Member of the Vermont State Colleges Board of Trustees – March 1, 2005, to February 28, 2007.


Message from the House No. 36

     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 passed bill of the following title:

     H. 519.  An act relating to fines for violation of fish and wildlife laws.

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

The House has considered Senate proposal of amendment to House bill of the following title:

H. 128.  An act relating to securities.

And has concurred therein with further proposals of amendment in the adoption of which the concurrence of the Senate is requested.

     The House has adopted concurrent resolutions of the following titles:

     H.C.R. 77.  House concurrent resolution congratulating the Cabot High School Huskies 2005 Division IV championship boys’ basketball team.

     H.C.R. 78.  House concurrent resolution honoring Arlo K. Sterner for his outstanding service as a firefighter in Lamoille County.

     H.C.R. 79.  House concurrent resolution congratulating the Arlington High School Eagles’ 2005 Division III championship girls’ basketball team

     H.C.R. 80.  House concurrent resolution honoring Margaret Elizabeth Lillie of Pownal.

     H.C.R. 81.  House concurrent resolution honoring Donald B. Keelan for his outstanding role as the host of the “Q & A Live” public access cable television program.

     H.C.R. 82.  House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Cougars girls’ alpine skiing state championship ski team.

     H.C.R. 83.  House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Division I boys’ basketball team.

     H.C.R. 84.  House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Cougars boys’ alpine skiing state championship ski team.

     H.C.R. 85.  House concurrent resolution congratulating Amanda Mitteer on her winning the 2005 Miss Vermont USA title.

     H.C.R. 86.  House concurrent resolution honoring Frank Plumley for his extraordinary public service on behalf of the Brown Public Library in Northfield.

     H.C.R. 87.  House concurrent resolution congratulating the North Hero Volunteer Fire Department on receipt of the Keep Going Award.

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

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

J.R.S. 22.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

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

     S.C.R. 21.  Senate concurrent resolution honoring Jamie Goth.

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, is hereby adopted on the part of the Senate:

   By Senators Campbell, Dunne and Welch,

S.C.R. 21

     Senate concurrent resolution honoring Jamie Guth.

     [The full text of the Senate concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 31, 2005, 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-eighth 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:

By Representative Larrabee,

By Senators Cummings, Doyle and Scott,

H.C.R. 77

House concurrent resolution congratulating the Cabot High School Huskies 2005 Division IV championship boys’ basketball team.

By Representative Martin and others,

By Senators Bartlett, Illuzzi and Starr,

H.C.R. 78

House concurrent resolution honoring Arlo K. Sterner for his outstanding service as a firefighter in Lamoille County.

By Representative Molloy and others,

By Senators Sears and Shepard,

H.C.R. 79

House concurrent resolution congratulating the Arlington High School Eagles’ 2005 Division III championship girls’ basketball team.

By Representative Botzow and others,

By Senators Sears and Shepard,

H.C.R. 80

House concurrent resolution honoring Margaret Elizabeth Lillie of Pownal.

By Representative Livingston,

By Senators Sears and Shepard,

H.C.R. 81

House concurrent resolution honoring Donald B. Keelan for his outstanding role as the host of the “Q & A Live” public access cable television program.


By Representative Barnard and others,

H.C.R. 82

House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Cougars girls’ alpine skiing state championship ski team.

By Representative Symington and others,

H.C.R. 83

House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Division I boys’ basketball team.

By Representative Barnard and others,

H.C.R. 84

House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Cougars boys’ alpine skiing state championship ski team.

By Representative Pillsbury and others,

H.C.R. 85

House concurrent resolution congratulating Amanda Mitteer on her winning the 2005 Miss Vermont USA title.

By Representative Grad and others,

H.C.R. 86

House concurrent resolution honoring Frank Plumley for his extraordinary public service on behalf of the Brown Public Library in Northfield.

By Representative Trombley and others,

By Senator Mazza,

H.C.R. 87

House concurrent resolution congratulating the North Hero Volunteer Fire Department on receipt of the Keep Going Award.

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 31, 2005, and will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-eighth biennial session of the Vermont General Assembly.]

Adjournment

On motion of Senator Welch, the Senate adjourned, to reconvene on Tuesday, April 5, 2005, at ten o’clock in the forenoon pursuant to J.R.S. 22.