Journal of the Senate
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Tuesday, April 5, 2005
The Senate was called to order by the President pro tempore.
Devotional Exercises
Devotional exercises were conducted by Linda Piotrowski of Central Vermont Hospital in Berlin.
Pledge of Allegiance
The President pro tempore then led the members of the Senate in the Pledge of Allegiance.
Bill Referred
House bill of the following title was read the first time and referred:
H. 519.
An act relating to fines for violation of fish and wildlife laws.
To the Committee on Natural Resources and Energy.
Joint Resolution Referred
J.R.S. 24.
Joint Senate resolution of the following title was offered, read the first time and is as follows:
By Senators Dunne, Collins, Condos, Flanagan, Giard, Illuzzi, Kitchel, Lyons, MacDonald, Miller, Sears, Snelling, Welch and White,
J.R.S. 24. Joint resolution urging state and federal actions to punish the Sudanese government and corporations that conduct business in or with Sudan.
Whereas, even though the factions involved in the long-running Sudanese civil war recently signed a peace treaty ending their internal conflict, the Sudanese government remains an international pariah due to its genocidal treatment of Sudanese in the western region of the nation known as Darfur, and
Whereas, the Sudanese government has intentionally used “Janjaweed” militias, its air force, and organized starvation to kill the population in Darfur, and
Whereas, on several occasions within the last 12 months, Congress has expressed in extremely strong terms, its outrage with the Sudanese government, and
Whereas, on May 6, 2004, the United States Senate adopted S.Con. 99, “condemn[ing] the Government of the Republic of Sudan and militia groups supported by it for attacks against innocent civilians in the Darfur region of western Sudan” and calling for a United Nations investigation “to determine if crimes against humanity have been committed,” and
Whereas, on May 17, 2004, the United States House of Representatives passed a similarly worded resolution, H.Con. Res. 403, and
Whereas, as even more information became available, on July 22, 2004, the United States House of Representatives on a 422-0 roll call vote, with 12 abstentions, adopted an even more strongly condemnatory resolution, H.Con. Res. 467 declaring that “atrocities unfolding in Darfur, Sudan are genocide,” and
Whereas, on September 9, 2004, former Secretary of State Powell stated in testimony before the U.S. Senate Foreign Relation Committee that the state department had concluded genocide had been committed in Darfur and may still be occurring, and
Whereas, on September 21, 2004, President Bush, in an address before the United Nations General Assembly, stated that “the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide,” and
Whereas, the United Nations estimates that 350,000 persons have been killed in Darfur since the Sudanese government launched its genocidal attacks in the region, and
Whereas, in accordance with Executive Order No. 13067 which former President Clinton issued on November 3, 1997, and that remains in effect, although not enforced as vigilantly as it should be, American businesses are prohibited from investing in or doing business with Sudan, and American economic interaction with Sudan is severely limited to the exporting of licensed agricultural commodities, the transfer of informational materials, and the delivery of donated items, such as food, clothing, and medicine that are intended to relieve human suffering, and
Whereas, on March 2 of this year, a bipartisan group of United States senators introduced S.495, “to impose sanctions against perpetrators of crimes against humanity in Darfur, Sudan,” and
Whereas, this legislation proposes to further tighten the existing American economic sanctions against Sudan, and
Whereas, while no American home‑based companies are operating in Sudan, corporations that are foreign‑based, but that are listed on American stock exchanges, do engage in commercial activities with this outlaw nation, and
Whereas, Vermont’s three public pension systems, the Vermont State Employees’ Retirement System, the Vermont State Teachers’ Retirement System, and the Vermont Municipal Employees’ Retirement System, do have financial assets in foreign‑based companies with Sudanese economic ties worth at least $2 million and possibly in excess of $100 million, and
Whereas, such investments, even if they were made unintentionally, help to support a government that our nation’s political leadership has stated is committing genocide, and
Whereas, the conscience of Vermonters should not support providing any form of assistance to this criminal and immoral Sudanese regime, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges State Treasurer Jeb Spaulding to work with the three state retirement boards to implement a policy for the disinvestment of any funds in corporations doing business in or with Sudan, and not to invest any further assets in a company that has any economic dealings with that outlaw government, and be it further
Resolved: That the state’s policy of disinvestment should remain in force with respect to a specific company until there is undisputed documented evidence that the specific corporation has severed all ties in or with Sudan, and be it further
Resolved: That the state’s overall policy of disinvestment should remain in force until the United States declares that Sudan has ceased all genocidal activities and is treating all of its citizens with dignity and respect, and be it further
Resolved: That the United States Congress should adopt S.495 in order to strengthen American sanctions against Sudan and that for similar reasons the executive branch of the federal government should enforce Executive Order 13067, and be it further
Resolved: That the secretary of state be directed to send a copy of this resolution to State Treasurer Jeb Spaulding, U.S. Secretary of State Condoleezza Rice, and to the members of the Vermont Congressional Delegation.
Thereupon, the President pro tempore, in his discretion, treated the joint resolution as a bill and referred it to the Committee on Government Operations.
Bill Passed
Senate bill of the following title was read the third time and passed:
S. 56.
An act relating to restructuring the agency of natural resources.
Bill Amended; Third Reading Ordered
S. 27.
Senator Leddy, for the Committee on Judiciary, to which was referred Senate bill entitled:
An act relating to a safe haven defense to the crime of abandoning a baby.
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 as the “Baby Safe Haven Law.”
Sec. 2. LEGISLATIVE INTENT
It is the intent of the General Assembly that this act provide a procedure which ensures the safety and well-being of newborns and infants. The General Assembly recognizes that it is preferable for a wide array of services to be available to all expectant mothers, and to newborn infants and their mothers. The procedure established in this act should be considered a safeguard that will be followed only in extraordinary circumstances.
Sec. 3. 13 V.S.A. § 1303 is amended to read:
§ 1303. ABANDONMENT OR EXPOSURE OF BABY
(a) A person who abandons
or exposes a child under the age of two years, whereby the life or
health of such child is endangered, shall be imprisoned not more than
ten years or fined not more than $1,000.00, or both.
(b)(1) It is not a violation of this section if the person voluntarily delivers a child not more than 30 days of age to:
(A) An employee, staff member, or volunteer at a health care facility.
(B) An employee, staff member, or volunteer at a fire station, police station, or church which is being attended by a person.
(C) A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.
(2) A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.
(3) A person or facility to whom a child is delivered pursuant to this subsection shall be immune from civil or criminal liability for any action taken pursuant to this subsection.
(4) A health care facility, fire station, police station, church, or 911 emergency responder to whom a child is delivered pursuant to this subsection shall:
(A) Take temporary custody of the child and ensure that he or she receives any necessary medical care.
(B) Provide notice that he, she, or it has taken temporary custody of the child to a law enforcement agency.
(C) Provide notice that he, she, or it has taken temporary custody of the child to the department for children and family services, which shall take custody of the child as soon as practicable.
(5) The department for children and family services shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law.
(c) As used in this section:
(1) “Health care facility” shall have the same meaning as in 18 V.S.A. §9432(7).
(2) “A 911 emergency responder” means a law enforcement officer, fire official, EMS worker, or other person who responds to an emergency after being contacted by a 911 dispatcher.
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 pending the question, Shall the bill be amended as recommended by the Committee on Judiciary?, Senator Shepard moved that the recommendation of amendment of the Committee on Judiciary be amended in Sec. 3, 13 V.S.A. § 1303(a), by striking out the figure “$1,000.00” and inserting in lieu thereof the figure $10,000.00
Thereupon, pending the question, Shall the recommendation of amendment of the Committee on Judiciary be amended as recommended by Senator Shepard?, Senator Shepard requested and was granted leave to withdraw his recommendation of amendment.
Thereupon, the recurring question, Shall the bill be amended as recommended by the Committee on Judiciary?, was agreed to and third reading of the bill was ordered.
Bill Amended; Third Reading Ordered
S. 45.
Senator Sears, for the Committee on Judiciary, to which was referred Senate bill entitled:
An act relating to attorney’s fees for parties prevailing in litigation seeking production of a public record.
Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 1 V.S.A. § 319(d) is amended to read:
(d)(1) The court may assess against the public agency reasonable attorney
attorney’s fees and other litigation costs reasonably incurred in any
case under this section in which the complainant has substantially prevailed. In
determining whether attorney’s fees and litigation costs are to be assessed
against a public agency, the court shall consider, among other relevant factors,
whether the public agency has a reasonable basis for withholding the public
record.
(2) The court shall assess against the public agency reasonable attorney’s fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed, and the court determines that the public agency knowingly or unreasonably withheld a public record in order to cause undue delay to the person requesting the public record.
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.
Recess
Without objection the President pro tempore declared that the Senate recess until the fall of the gavel.
Called to Order
The Senate was called to order by the President pro tempore.
Bill Amended; Bill Passed
S. 18.
Senate bill entitled:
An act relating to liability resulting from the use of genetically engineered seeds and plant parts.
Was taken up.
Thereupon, pending third reading of the bill, Senator Maynard moved to amend the bill in Sec. 3., 6 V.S.A. §651, by striking out subdivision (a) in its entirety and inserting in lieu thereof the following:
(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, other than corn or soybean, 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.
Which was disagreed to on a roll call, Yeas 2, Nays 25.
Senator Maynard having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Maynard, Shepard.
Those Senators who voted in the negative were: Ayer, Bartlett, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Mazza, Miller, Mullin, Scott, Sears, Snelling, Starr, White, Wilton.
Those Senators absent or not voting were: Gander, Welch (presiding).
Thereupon, pending third reading of the bill, Senator Campbell, on behalf of the Committee on Judiciary, moved to amend the bill as follows:
First: In Sec. 3, 6 V.S.A. § 650, in subdivision (2)(C), by striking out everything after the words “organic certification” through the semicolon and inserting a period and by striking out subdivisions (2)(D) and (E) in their entirety
Second: In Sec. 3, 6 V.S.A. § 651 by adding a new subsection(d) to read as follows:
(d) A farmer who is not in breach of contract for the purchase or use of genetically engineered seeds or plant parts and unknowingly comes into possession or uses such seeds or plant parts as a result of natural reproduction, cross-pollination, or other contamination shall not be liable for any injuries, claims, losses, and expense, including attorney’s fees, caused by the use of a genetically engineered seed or plant part.
Which was agreed to on a roll call, Yeas 27, 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, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Scott, Sears, Shepard, Snelling, Starr, White, Wilton.
Those Senators who voted in the negative were: None.
Those Senators absent or not voting were: Gander, Welch (presiding).
Thereupon, the bill was read the third time and passed on a roll call, Yeas 26, Nays 1.
Senator Wilton 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, Mullin, Scott, Sears, *Shepard, Snelling, Starr, White.
The Senator who voted in the negative was: Wilton.
Those Senators absent or not voting were: Gander, Welch (presiding).
*Senator Shepard explained his vote as follows:
“Not being a member of either committee which took up this bill, I find it difficult to know what to believe. Both sides seem too extreme to be credible.
“I support much of this bill, but am very concerned about the strict liability undermining the protection of the bill by creating an uncontrollable situation.
“I hope this bill improves in this regard as it moves through the building.”
On motion of Senator Mazza, the Senate adjourned until one o’clock in the afternoon on Wednesday, April 6, 2005.