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Journal of the Senate

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Thursday, February 1, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Melvin Bridge of Ryegate.

Bill Introduced

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

S. 66.

By Senators Illuzzi, Ayer, Condos, Cummings, Flanagan, Giard, Hartwell, Lyons, MacDonald, McCormack, Miller and White,

An act relating to requiring a community and regional impact study of the projected effects of large-scale retail uses.

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

Joint Resolutions Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

   By Senator Shumlin,

     J.R.S. 11.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 2, 2007, it be to meet again no later than Tuesday, February 6, 2007.

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

   By Senator Shumlin,

     J.R.S. 12.  Joint resolution providing for a Joint Assembly for the election of a Sergeant at Arms, an Adjutant and Inspector General, and three Trustees of the University of Vermont and State Agricultural College.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, February 15, 2007, at ten o'clock and thirty minutes in the forenoon to elect a Sergeant at Arms, an Adjutant and Inspector General, and three trustees of the University of Vermont and State Agricultural College.  In case election of all such officers shall not be made on that day, the two Houses shall meet in Joint Assembly at ten o'clock and thirty minutes in the forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

   By Senator Shumlin,

     J.R.S. 13.  Joint resolution establishing a procedure for the conduct of the election of UVM trustees by plurality vote by the General Assembly in 2007.

Whereas, in 1997 the election of three trustees of the University of Vermont and State Agricultural College was decided by plurality vote, which required one ballot only, and

Whereas, in 1999 the election of three trustees of the University of Vermont and State Agricultural College was decided by majority vote, which required a total of eight ballots, and

Whereas, in 2001 and subsequent bienniums the elections of three trustees of the University of Vermont and State Agricultural College were decided by plurality vote, each of which required one ballot only, and

Whereas, if an election for multiple vacancies is to be decided by a plurality vote, then a great savings of time can be effectuated, now therefore be it

Resolved by the Senate and House of Representatives:

That, notwithstanding the current provisions of Joint Rule 10, and for this election only, the election of three trustees of the University of Vermont and State Agricultural College at a Joint Assembly to be held on February 15, 2007, shall be governed by the following procedure:

(1)  All candidates for the office of Trustee shall be voted upon and decided on the same ballot; members may vote for any number of candidates up to and including the maximum number of vacancies to be filled, which in this case shall be three.

(2)  The three candidates receiving the most votes shall be declared elected to fill the three vacancies.

(3)  In the event that the first balloting for the Trustee vacancies results in a tie vote for one or more of the three vacant positions, then voting shall continue on successive ballots until the vacancies have been filled, again by election declared of those candidates receiving the most votes.

Joint Resolution Referred

J.R.S. 14.

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

   By Senators Racine, Ayer, Campbell, Carris, Collins, Condos, Cummings, Flanagan, Giard, Hartwell, Illuzzi, Kittell, Lyons, MacDonald, McCormack, Miller, Mullin, Nitka, Sears, Shumlin, Snelling, Starr and White,

     J.R.S. 14.  Joint resolution relating to restoration of the education fund from the general fund and a balanced budget.

Whereas, Vermont’s education finance laws, Act 60 and Act 68, include provisions to ensure that education property taxpayers do not bear a disproportionate burden to provide an equal education opportunity to elementary and secondary students in Vermont, and

Whereas, beginning in fiscal year 2006, section 4025(a)(2) of Title 16 directs the legislature and the governor to increase the amount of general funds transferred to the education fund each year in proportion to the growth of general fund expenditures in that year, and

Whereas, it appears that in fiscal years 2006 and 2007, the amount of general funds transferred to the education fund was not increased in proportion to the growth of general fund expenditures and, as a result, any shortfall may have been made up through higher education property tax rates, and

Whereas, the legislature’s general fund appropriations and transfers in fiscal years 2006 and 2007 did not provide the increases required in Title 16, and

Whereas, the Governor is directed to present an annual budget to the legislature which is balanced, and the Governor’s budget message and fiscal year 2008 budget submitted on January 23, 2007, also did not address this matter, and

Whereas, both the legislature and the governor desire to maintain the appropriate amount of general fund transfer to the education fund, now therefore, be it:

Resolved by the Senate and the House of Representatives:

That the General Assembly hereby requests the Governor to provide a revised — and balanced — budget for fiscal years 2007 and 2008 which accounts for and restores the appropriate amounts of general fund transfers to the education fund.

Thereupon, the President, in his discretion, treated the joint resolution as a bill and referred it to the Committee on Appropriations.

Senate Resolution Adopted

S.R. 8.

Senate resolution entitled:

Senate resolution relating to designating February 2, 2007, as “Wear Red for Women Day.”

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

Appointment of Senate Members to Legislative Information Technology Committee

Pursuant to the provisions of 2 V.S.A. §751, the President, on behalf of the Committee on Committees, announced the appointment of the following Senators to serve on the Legislative Information Technology Committee for the current biennium:

Senator Collins

Senator Condos

Senator Carris

Senator Coppenrath

Adjournment

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

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us