Journal of the Senate

________________

Wednesday, March 15, 2006

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

Devotional Exercises

Devotional exercises were conducted by the Reverend Craig Thompson of Barre.

Message from the House No. 46

     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 bills of the following titles:

     H. 701.  An act relating to ancient roads to be known as identified corridors.

     H. 766.  An act relating to real estate transfer pursuant to strict foreclosure not voidable as fraudulent conveyance.

     H. 861.  An act relating to health care affordability for Vermonters.

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

Bill Referred to Committee on Appropriations

S. 262.

Senate bill of the following title, appearing on the Calendar for notice and carrying an appropriation or requiring the expenditure of funds, under the rule was referred to the Committee on Appropriations:

An act relating to expanding employer access to applicants’ criminal history records.

Bills Referred

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

H. 701.

An act relating to ancient roads to be known as identified corridors.

To the Committee on Government Operations.

H. 766.

An act relating to real estate transfer pursuant to strict foreclosure not voidable as fraudulent conveyance.

To the Committee on Judiciary.

H. 861.

An act relating to health care affordability for Vermonters.

To the Committee on Health and Welfare.

Joint Resolution Placed on Calendar

J.R.S. 59.

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

   By Senator Dunne,

J.R.S. 59.  Joint resolution urging Congress to continue funding AmeriCorps*NCCC (National Civilian Community Corps).

Whereas, AmeriCorps is a program of the Corporation for National and Community Service (CCNS) designed to enable Americans of all ages and backgrounds to give back to their nation through a commitment to national service, and

Whereas, an essential component of the AmeriCorps triad of national service programs, which also includes AmeriCorps*Vista and AmeriCorps*State and National, is AmeriCorps*NCCC, and

Whereas, AmeriCorps*NCCC’s mission is “to strengthen communities and develop leaders through direct, team-based national and community service,” and

Whereas, AmeriCorps*NCCC is modeled on the New Deal’s Civilian Conservation Corps and the United States military, and it is premised “on the belief that civic responsibility is an inherent duty of all citizens,” and

Whereas, five regional campus located in Perry Point, Maryland; Denver, Colorado; Washington, D.C.; Charleston, South Carolina; and Sacramento, California, serve as home base for the volunteers who must make an intensive 10-month commitment, and

Whereas, volunteers are assigned to teams, and after completing their training, the teams are sent to work on intensive short-term projects within their regions under the auspices of local and national nonprofit organizations, schools, municipalities, national and state parks, and Indian tribes, and

Whereas, the team projects include tutoring students, constructing and rehabilitating low-income housing, responding to natural disasters, cleaning up streams, helping communities develop emergency plans, and addressing many other community needs, and

Whereas, in announcing the 2007 CCNS budget, the President has proposed to eliminate AmeriCorps*NCCC, and

Whereas, this unwarranted budget cut would abandon a program that has brought untold benefits to communities across the country and enabled thousands of Americans to serve their nation in a most constructive manner, and

Whereas, although CCNS President David Eisner has indicated that the disaster response activities will be assumed in other CCNS programs, they were not designed to perform these critical tasks that are ideally suited for AmeriCorps*NCCC’s specially trained teams, and

Whereas, in Vermont, the Bennington-Rutland Opportunity Council, the Vermont Center for the Deaf and Hard of Hearing at the Austine School, ARC of Central Vermont and New Hampshire Valley, the City of Winooski, and the Vermont Department of Veterans’ Affairs have had teams assigned to their organizations, and

Whereas, another Vermont recipient of AmeriCorps*NCCC’s services has been Dream Program Incorporated, a nonprofit corporation for which AmeriCorps*NCCC volunteer teams have tutored and mentored youth, organized communities, and developed trails and major infrastructure facilities at its camp for low-income youngsters, and

Whereas, the story of AmeriCorps*NCCC can be retold by hundreds of other nonprofit organizations nationwide, and

Whereas, the continuation of AmeriCorps*NCCC is essential for both the beneficiaries and the volunteers who derive an especially meaningful life’s experience from their participation, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to continue funding at a reasonable level the AmeriCorps*NCCC program for 2007, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to the President of the United States, to Corporation for National Service President David Eisner, and to the members of the Vermont Congressional delegation.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Bill Passed

Senate bill of the following title:

S. 124.

An act relating to a certificate of public good for extending the operating license of a nuclear power plant.

Was read the third time and passed on a roll call, Yeas 18, Nays 5.

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

Roll Call

Those Senators who voted in the affirmative were: Ayer, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Giard, Kittell, Leddy, Lyons, MacDonald, Mazza, Sears, Shepard, Snelling, White.

Those Senators who voted in the negative were: Coppenrath, Maynard, Mullin, Scott, Wilton.

Those Senators absent or not voting were: Bartlett, Flanagan, Illuzzi, Kitchel, Miller, Starr, Welch (presiding).

Bills Passed

Senate bills of the following titles were severally read the third time and passed:

S. 182.

An act relating to advisement of immigration consequences of pleading guilty to a criminal offense.

S. 186.

An act relating to false reports to law enforcement officers.

Proposals of Amendment; Third Reading Ordered

H. 544.

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

An act relating to the process for locating and altering municipal lines.

Reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, 24 V.S.A. § 1461(a), by striking out the third sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: Following the meetings, the legislative bodies shall conduct a, or ratify an existing, survey of the municipal line and file certified copies of the minutes of the meetings, the survey, and a list of property owners, the legal location of whose property is changed by the agreement with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.

Second:  In Sec. 1, 24 V.S.A. § 1461(g), by striking out the word “subdivisions” and inserting in lieu thereof the word subsections

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and pending the question, Shall the bill be read the third time?, Senator Condos moved that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, 24 V.S.A. § 1461(b)(2), after the second sentence, by inserting a new sentence to read as follows: Each legislative body of the adjoining municipalities shall post a notice of the petition to the general assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk’s office at least three weeks prior to filing the petition.

Second:  In Sec. 1, 24 V.S.A. § 1461(c), after the second sentence, by inserting a new sentence to read as follows: Each legislative body of the adjoining municipalities shall post a notice of the petition to the general assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk’s office at least three weeks prior to filing the petition.

Which was agreed to.

Thereupon, the recurring question, Shall the bill be read the third time?, was agreed to.

Bills Amended; Third Readings Ordered

S. 198.

Senator Leddy, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to reporting medical errors and establishing a “Sorry Works!” program.

     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 may be referred to as the Vermont Sorry Works! and Medical Safety Act. 

Sec. 2.  12 V.S.A. § 1912 is added to read:

§ 1912.  EXPRESSION OF REGRET OR APOLOGY BY HEALTH CARE PROVIDER INADMISSIBLE

(a)  An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.

(b)  In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.

(c)  As used in this section:

(1)  “Health care facility” shall have the same meaning as in subdivision 9402(7) of Title 18.

(2)  “Health care provider” shall have the same meaning as in subdivision 9402(8) of Title 18.

(d)  The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.


Sec. 3.  SORRY WORKS! PILOT PROGRAM

(a)  For purposes of this section:

(1)  “Commissioner” means the commissioner of banking, insurance, securities, and health care administration.

(2)  “Department” means the department of banking, insurance, securities and health care administration.

(b)  The Sorry Works! pilot program is established under the oversight of the commissioner.  Any hospital that voluntarily chooses to participate shall be eligible for the program beginning on January 1, 2007.  Hospitals may participate only with the approval of the hospital administration and the hospital's medical staff. 

(c)  Under the program, participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care that result in harm and promptly offer fair settlements.  If a settlement is accepted, further litigation with respect to the mistake shall be prohibited.  Participating hospitals shall provide to the patient written notification of the patient’s right to legal counsel.  The notification shall include an affirmative declaration that no action was taken to dissuade a patient from using counsel for the negotiations.  Participation in Sorry Works! shall toll the applicable statute of limitations in cases where such negotiations are unsuccessful.

(d)  Participating hospitals shall report to the department their total costs for medical malpractice verdicts, settlements, and defense litigation for the preceding five years to enable the department to determine average costs for that hospital during that period.  The department shall develop standards and protocols to compare costs for cases handled by traditional means and cases handled under the Sorry Works! program for purposes of reporting to the general assembly as to the financial impact of the program.

(e)  The commissioner shall establish criteria for the program, including the criteria under which hospitals shall be selected to participate.  The commissioner shall award grants to further the purposes of this pilot to participating hospitals.  To be eligible to participate or to receive a grant, a hospital shall submit an application to the commissioner, who shall designate the form, time, and manner of the application.  A program participant may withdraw from the program by notifying the commissioner.

(f)  In consultation with hospitals, providers, and other interested parties,

the department shall adopt rules to implement the pilot program no later than October 1, 2006.


(g)  The amount of $75,000.00 is appropriated from the general fund to the

department for grants authorized under this section. 

(h)  This pilot program shall sunset on June 30, 2009.

And that when so amended the bill ought to pass.

Senator Kitchel, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Judiciary with the following amendments thereto:

First:  In Sec. 3, subsection (e) by striking out the second and third sentences in their entirety.

Second:  In Sec. 3, by striking out subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:

(g)  The department shall initiate a dialogue with insurers and encourage them to participate in the Sorry Works! pilot program with any hospital that is willing to commit to the program.  The department shall use all of the methods at its disposal to gain the participation of insurers necessary to enable hospitals to participate and the program to be implemented.  

And that when so amended the bill ought to pass.

Senator Mazza Assumes the Chair

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of amendment of the Committee on Judiciary was amended as recommended by the Committee on Appropriations.

Thereupon, the pending question, Shall the bill be amended as recommended by the Committee on Judiciary, as amended?, was decided in the affirmative 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, Coppenrath, Cummings, Doyle, Gander, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Miller, Mullin, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton.

Those Senators who voted in the negative were: None.

Those Senators absent or not voting were: Dunne, Flanagan, Mazza (presiding).

Thereupon, third reading of the bill was ordered.

Consideration Postponed

S. 256.

Senate bill entitled:

An act relating to sexual exploitation of an inmate.

Was taken up.

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

Bills Amended; Third Readings Ordered

S. 103.

Senator Campbell, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to lawsuits arising from exercise of right to freedom of speech or to petition government for redress of grievances.

     Reported recommending that the bill be amended in Sec. 2, by striking out subsections (e) and (f) in their entirety and inserting in lieu thereof:

(e)(1)  The court shall grant the special motion to strike, unless the plaintiff shows that:

(A)  the defendant’s exercise of his or her right to freedom of speech and to petition was devoid of any reasonable factual support or any arguable basis in law; and

(B)  the defendant’s acts caused actual injury to the plaintiff.

(2)  In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(f)(1)  If the court grants the special motion to strike, the court shall award costs and reasonable attorney’s fees to the defendant.  If the court denies the special motion to strike and finds the motion is frivolous or is intended solely to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to the plaintiff.

(2)  Neither the court’s ruling on the special motion to strike nor the fact that it made such a ruling shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by the ruling.

And that when so amended the bill ought to pass.

Senator Welch Assumes the Chair

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.

S. 34.

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

An act relating to executive branch privatization contracts.

Reported recommending that the bill be amended 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.  3 V.S.A. § 341(3) is amended to read:

(3)  “Privatization contract” means a personal services contract by which an entity or an individual who is not a state employee agrees with an agency to provide services, valued at $20,000.00 or more per year, which are the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified state employees, and which result in:

(A)  the reduction in force of at least one permanent, classified employee; or

(B)  the elimination of or failure to fill at least one permanent, classified position.

Second:  By adding a new Sec. 4 to read as follows:

Sec. 4.  EFFECTIVE DATE

This act shall take effect on July 1, 2007.

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 recommendations of amendment were collectively agreed to.

Thereupon, third reading of the bill was ordered, on a roll call, Yeas 22, Nays 6.

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


Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Mazza, Miller, Scott, Sears, Starr, White.

Those Senators who voted in the negative were: Coppenrath, Maynard, Mullin, Shepard, Snelling, Wilton.

Those Senators absent or not voting were: Flanagan, Welch (presiding).

S. 58.

Senator Ayer, for the Committee on Finance, to which was referred Senate bill entitled:

An act relating to direct shipping of wine and beer.

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

Sec. 1.  PURPOSE

The purpose of this act is to make statutory changes in the Vermont shipping laws to equalize all the shipping laws so that Vermont will be in compliance with the federal constitutional requirements regarding direct shipping of alcoholic beverages as laid out in Granholm v. Heald.

Sec. 2.  7 V.S.A. § 67 is added to read:

§ 67.  VINOUS BEVERAGE SHIPPING LICENSE; IN-STATE; OUT-OF-STATE; PROHIBITIONS; PENALTIES

(a)  A manufacturer or producer of vinous beverages licensed in Vermont may be granted an in-state shipping license by filing with the department of liquor control an application in a form determined by the department accompanied by an application fee of $300.00 and a copy of the applicant’s current Vermont manufacturer’s license.  This shipping license may be renewed annually by filing a renewal fee of $300.00 accompanied by a copy of the licensee’s current Vermont manufacturer’s license.

(b)  A manufacturer or producer of vinous beverages licensed in another state that operates a winery in the United States and holds valid state and federal permits and licenses may be granted an out-of-state shipping license by filing with the department of liquor control an application in a form determined by the department accompanied by a $300.00 application fee and copies of the applicant’s current out-of-state manufacturer’s license.  This shipping license may be renewed annually by filing a renewal fee of $300.00 accompanied by the licensee’s current out-of-state manufacturer’s license.  As used in this section, “out-of-state” means any state other than Vermont, any territory, or possession of the United States, but does not include a foreign country.

(c)  A holder of any license issued under this section shall:

(1)  Ship vinous beverages produced by the licensee to private residences to be used only for personal use and not for resale.

(2)  Ship no more than 24 cases of vinous beverages produced by the license holder to any one Vermont resident in any calendar year.

(3)  Ensure that all containers of alcoholic beverages shipped under this section are clearly labeled:  “CONTAINS ALCOHOL; SIGNATURE OF INDIVIDUAL AGE 21 OR OLDER REQUIRED FOR DELIVERY.”

(4)  Ensure that delivery is made by common carrier only and require that the common carrier:

(A)  Deliver vinous beverages pursuant to an invoice that includes the name of the licensee and the name and address of the purchaser.

(B)  Require valid form of photographic identification from a recipient who appears to be under the age of 30, on delivery.

(C)  Require the recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of liquor control.

(5)  Retain a copy of each record of sale for a minimum of five years from the date of shipping.

(6)  Report at least twice a year to the department of liquor control in a manner and form determined by the department all the following information:

(A)  The total amount of vinous beverages shipped into or within the state for the preceding six months.

(B)  The names and addresses of the purchasers to whom the vinous beverages were shipped.

(C)  The date purchased, the name of the common carrier used to make each delivery; and the quantity and value of each shipment.

(7)  Pay directly to the commissioner of taxes the amount of tax on the vinous beverages shipped under this section pursuant to chapter 233 of Title 32 and subsection 421(a) of this title.  Delivery in this state by the holder of a license issued under this section shall be deemed to constitute a sale in this state at the place of delivery and shall be subject to all excise and sales taxes levied by the state of Vermont.

(8)  Permit the state treasurer, the department of liquor control, and the department of taxes, separately or jointly, upon request to perform an audit of the records of the holder of a license issued under this section.

(9)  Be deemed to have consented to the jurisdiction of the department of liquor control or any other state agency and the Vermont state courts concerning enforcement of this or other related laws and regulations. 

(10)  Not have any financial interest either directly or indirectly in a Vermont wholesale dealer or retail dealer, including a first, second, or third class license.

(11)  Comply with all department of liquor control laws and regulations.

(d)  A common carrier shall not deliver vinous beverages until it has complied with the provisions of subsection 66(e) of this title and be certified by the department of liquor control.  No employee of a common carrier shall deliver vinous beverages until that employee completes the training required by subsection 239(c) of this title.  Common carriers shall only deliver vinous beverages in Vermont that have been shipped by the holder of a license issued under this section.

(e)  The department of liquor control and the department of taxes may adopt rules and forms necessary to implement this section.

(f)  Direct shipments of vinous beverages are prohibited if they are not specifically authorized and in compliance with this section.  Any person who knowingly makes, participates in, imports, or receives a direct shipment of vinous beverages from a person who is not licensed as required by this section may be fined no more than $1,000.00 or imprisoned no more than six months, or both, for the first offense and fined not more than $5,000.00 or imprisoned not more than three years, or both, for each subsequent offense.

(g)  A licensee under this section that ships vinous beverages to an individual under 21 years of age shall be fined not more than $5,000.00 or imprisoned no more than three years, or both, and shall have the license issued under this section revoked.

(h)  For any violation of this section, the board of liquor control may suspend or revoke a license issued under this section, among all other remedies available to the board.


Sec. 3.  7 V.S.A. § 63 is amended to read:

§ 63.  IMPORTATION OR TRANSPORTATION OF LIQUORS; PROHIBITIONS; PERSONAL IMPORT LIMIT; PENALTY

(a)  All spirituous liquors imported or transported into this state shall be imported or transported by and through the liquor control board.  A person, partnership, association, or corporation importing or transporting or causing to be imported or transported into this state any spirituous liquors shall be imprisoned not more than one year, or fined not more than $1,000.00, or both. However, it shall be lawful for a person to import or transport spirituous liquor into this state by first obtaining a permit from the liquor control board and a person may import or transport not more than eight quarts of spirituous liquors into this state in his or her own private vehicle or in his or her actual possession at the time of such importation without permit.

(b)  All Except as provided in section 67 of this title, all malt or vinous beverages, or both, imported or transported into this state shall be imported or transported by and through a wholesale dealer holding a wholesale dealer's license issued by the liquor control board.  A person, partnership, association or corporation importing or transporting or causing to be imported or transported into this state any malt or vinous beverages, or both, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. Provided, however, that it shall be lawful for a person to import or transport malt or vinous beverages, or both, into this state by first obtaining a permit from the liquor control board and a person may import or transport not more than six gallons of malt or vinous beverages, or both, into this state in his or her own private vehicle or in his or her actual possession at the time of such importation without permit providing it is not for resale.

Sec. 4.  REPEAL

7 V.S.A. § 66 (shipping permit; vinous beverages; delivery requirements) is repealed.   

And that when so amended the bill ought to pass.

Senator Mullin, for the Committee on Economic Development, Housing and General Affairs, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee Finance with the following amendments thereto:

First:  In Sec. 2, 7 V.S.A. §67, subsection (c)(4)(C), by striking out the words “as approved by the department of liquor control

Second:  In Sec. 2, 7 V.S.A. §67, subsection (c)(11), by striking out the words “department of liquor control” and inserting in lieu thereof the words liquor control board

Third:  In Sec. 2, 7 V.S.A. §67 subsection (f), in the second sentence, following the words “may be fined” by striking out the remainder of the sentence and inserting in lieu thereof the words not more than $1,000.00 or imprisoned not more than one year, or both

Fourth:  In Sec. 2, 7 V.S.A. §67 subsection (g), after the word “not” by striking out the remainder of the sentence and inserting in lieu thereof the words less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both

Fifth:  By adding a new section to be numbered Sec. 4 to read as follows:

Sec. 4.  7 V.S.A. §2 subdivisions (5) and (17) are amended to read:

(5)  “Cabaret license”: for the purpose of this title shall mean means a first class license or first and third class licenses where the business is devoted primarily to providing entertainment, dancing, and the sale of alcoholic beverages to the public and not the service of food.  The holder of a “cabaret license” shall dispense serve food to the public at all times when open for business and shall have adequate and sanitary space and equipment for preparing and serving food.  However, the gross receipts from the sale of food shall be less than the combined receipts from the sales of alcoholic beverages, entertainment, and dancing in the prior reporting year.  All laws and regulations pertaining to a first class license or first and third class licenses shall apply to the first class or first and third class cabaret licenses.

(17)  “Restaurant”: means a space in a suitable building, approved by the liquor control board, occupied, used, maintained, advertised or held out to the public to be a place where meals are regularly served without at all times when open for business and there are no sleeping accommodations, such space being provided, in the judgment of the board, with.  The space shall have adequate and sanitary kitchen and dining room capacity and having employed therein such the number and kinds of servants and employees as the liquor control board may by regulation prescribe for preparing, cooking, and serving suitable food for its guests and patrons as required by the liquor control board.

     And by renumbering the remaining section to be Sec. 5.

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of amendment of the Committee on Finance was amended as recommended by the Committee on Economic Development, Housing and General Affairs.

Thereupon, the pending question, Shall the bill be amended as recommended by the Committee on Finance, as amended?, was decided in the affirmative.

Thereupon, third reading of the bill was ordered.

Adjournment

On motion of Senator Mazza, the Senate adjourned until ten o’clock and twenty-five minutes in the morning.