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Journal of the Senate

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Friday, February 2, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Peter Plagge of Waterbury.

Message from the House No. 14

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

Mr. President:

I am directed to inform the Senate the House has considered a joint resolution originating in the Senate of the following title:

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

And has adopted the same in concurrence.

Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

S. 67.

By Senators Illuzzi, Campbell, Sears, Hartwell and Shumlin,

An act relating to closure of the Bennington State Office Building.

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

S. 68.

By Senators Condos and Ayer,

An act relating to limiting the application of granular fertilizers to nonagricultural turf.

To the Committee on Natural Resources and Energy.


S. 69.

By Senators Starr, Giard and Kittell,

An act relating to use value for recreational uses.

To the Committee on Finance.

S. 70.

By Senators Condos and Ayer,

An act relating to empowering municipalities to regulate the application of pesticides within their borders.

To the Committee on Government Operations.

S. 71.

By Senators Shumlin and Campbell,

An act relating to support homeless shelters and services.

To the Committee on Appropriations.

Joint Resolution Referred

J.R.S. 15.

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

     By Senators Hartwell, Ayer, Carris, Collins, Flanagan, Illuzzi, Lyons, MacDonald, Mazza, McCormack, Nitka, Racine, Scott, Sears, Snelling and White,

     J.R.S. 15.  Joint resolution relating to the federal REAL ID Act.

Whereas, on May 11, 2005, the federal REAL ID Act was enacted as part of Public Law 109-13, a federal supplemental appropriations measure, and

Whereas, pursuant to the act, every state must implement new federal drivers’ licenses and official identification cards, such as Vermont’s nondriver’s ID, in order that these state-issued identification documents be used for federal identification purposes, and

Whereas, the federal standards associated with these new state identification cards would result in the establishment of a national database containing extensive personal information on individuals that would be available to motor vehicle and law enforcement officials nationwide, and

Whereas, the REAL ID Act also facilitates the establishment of new and massive private databases, including both drivers’ licenses and transactional data gained from scanning the machine-readable information contained on everyone of the identification documents subject to the act, and

Whereas, these public and private databases pose serious threats to the civil liberties of all Vermonters, and

Whereas, under the act, states must have access to five national identity document verification systems, and only one is now operational, and

Whereas, some of the required forms of ID will be difficult or impossible for some citizens to obtain, and

Whereas, a joint  comprehensive analysis by the National Conference of State Legislatures, the National Governors’ Association, and American Association of Motor Vehicle Administrators has determined that the implementation of the act would cost the states $11 billion during the first five years, and that the states would also incur a one-time $1 billion expense, and

Whereas, the deadline for implementation of the act is approaching rapidly, and

Whereas, neither Congress nor the federal executive branch has received adequate testimony as to the effect of the act on the states, nor has Congress appropriated sufficient funds for the states to implement this federal mandate, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress either to reconsider its approval of the REAL ID Act or to take testimony on the severe financial and technical challenges associated with state implementation, and be it further

Resolved:  That the General Assembly urges Congress, should it still be determined to go forward with state implementation of the REAL ID Act after careful analysis, to:

1)    Appropriate funds to relieve the states of any new financial obligations including the appropriation of the $1 billion of initial state costs; and

2)    Adopt the changes to the REAL ID Act outlined in the report entitled “The REAL ID Act: National Impact Analysis” of the National Conference of State Legislatures, the National Governor’s Association, and the American Association of Motor Vehicle Administrators, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to the members of the Vermont Congressional delegation.

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


Message from the Governor

Appointments Referred

     A message was received from the Governor, by Kiersten Bourgeois, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated:

     David Coen of Shelburne - Member of the Public Service Board, - from March 1,2007, to February 28, 2013.

     To the Committee on Finance.

     David O’Brien of Stowe - Commissioner of the Department of Public Service, - from March 1, 2007, to February 28, 2009.

     To the Committee on Finance.

     Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board, - from March 1, 2007, to February 28, 2009.

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

     Patricia Moulton Powden of South Londonderry - Commissioner of the Department of Labor, - from March 1, 2007, to February 28, 2009.

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

     Michael W. Quinn of Essex Junction - Commissioner of the Department of Economic Development, - from March 1, 2007, to February 28, 2009.

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

     Sharon L. Nicol of Sutton - Member of the Board of Medical Practice, - from January 26, 2007, to December 31, 2011.

     To the Committee on Health and Welfare.

     John B. Webber of Rutland - Member of the Board of Medical Practice, - from January 26, 2007, to December 31, 2011.

     To the Committee on Health and Welfare.

     David R. Coates of Colchester - Member of the Municipal Bond Bank, - from February 1, 2007, to January 31, 2009.

     To the Committee on Finance.

     Theodore Marcy, M.D. of Williston - Member of the Vermont Tobacco Evaluation and Review Board, - from February 1, 2007, to January 31, 2010.

     To the Committee on Health and Welfare.

     Christine Hart of Brattleboro - Member of the Vermont Housing and Conservation Board, - from February 1, 2007, to January 31, 2010.

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

     Paul Beaulieu of Manchester Center - Member of the Vermont Housing Finance Agency, - from February 1, 2007, to January 31, 2011.

     To the Committee on Finance.

Third Reading Ordered

S.R. 9.

Senator White, for the Committee on Health and Welfare, to which was referred Senate resolution entitled:

Senate resolution commemorating the 34th anniversary of the U.S. Supreme Court ruling in Roe v. Wade legalizing a woman’s right to reproductive choice.

Reported that the resolution ought to be adopted

Thereupon, the resolution was read the second time by title only pursuant to Rule 43, and third reading of the resolution was ordered.

Message from the House No. 15

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

Mr. President:

I am directed to inform the Senate the House has adopted a joint resolution of the following title:

J.R.H. 1.  Joint resolution to request Congress to ban exportation of elemental mercury.

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

The House has considered joint resolutions originating in the Senate of the following titles:

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

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.

And has adopted the same in concurrence.

     The House has adopted concurrent resolutions of the following titles:

     H.C.R. 24.  Concurrent resolution congratulating Zelia Parizo on her 100th birthday.

     H.C.R. 25.  Concurrent resolution congratulating Edwin Telfer Mook on his 100th birthday.

     H.C.R. 26.  Concurrent resolution honoring Dr. Mildred “Mimi” Reardon.

     H.C.R. 27.  Concurrent resolution welcoming the Vermont Frost Heaves to the Green Mountain State.

     H.C.R. 28.  Concurrent resolution congratulating Mayo HealthCare in Northfield.

     H.C.R. 29.  Concurrent resolution recognizing the law enforcement leadership and community service of former Brattleboro Police Chief and Windham County Sheriff Richard Guthrie.

     H.C.R. 30.  Concurrent resolution commemorating the life of 19th-century American journalist, political activist, social critic Horace Greeley.

     H.C.R. 31.  Concurrent resolution congratulating Verna May (Long) Evarts on her 100th birthday.

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

     The House has considered concurrent resolutions originating in the Senate of the following titles:

     S.C.R. 3Concurrent resolution congratulating the Vermont Mountaineers on winning the 2006 New England Collegiate Baseball League championship.

     S.C.R. 4Concurrent resolution in memory of former United States Bankruptcy Judge Charles J. Marro.

And has adopted the same in concurrence.

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


   By Senators Doyle, Cummings and Scott,

     By Representatives Brooks of Montpelier and Kitzmiller of Montpelier,

S.C.R. 3.

     Senate concurrent resolution congratulating the Vermont Mountaineers on winning the 2006 New England Collegiate Baseball League championship.

   By Senators Illuzzi, Carris, Maynard and Mullin,

S.C.R. 4. 

     Senate concurrent resolution in memory of former United States Bankruptcy Judge Charles J. Marro.

     [The full text of the Senate concurrent resolutions appeared in the Senate calendar addendum for Thursday, February 1, 2007, 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-ninth biennial session of the Vermont General Assembly.]

House Concurrent Resolutions

     The following joint concurrent resolutions having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence:

H.C.R. 24

House concurrent resolution congratulating Zelia Parizo on her 100th birthday

Offered by:  Representative Hunt and others

H.C.R.  25

House concurrent resolution congratulating Edwin Telfer Mook on his 100th birthday

Offered by:  Representative Mook and others

Offered by:  Senators Hartwell and Sears

H.C.R.  26

House concurrent resolution honoring Dr. Mildred “Mimi” Reardon

Offered by:  Representative Obuchowski and others


Offered by:  Senators Kitchel, Ayer, Bartlett, Campbell, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr and White

H.C.R.  27

House concurrent resolution welcoming the Vermont Frost Heaves to the Green Mountain State

Offered by:  Representative Jewett and others

Offered by:  Senators Ayer and Giard

H.C.R.  28

House concurrent resolution congratulating Mayo HealthCare in Northfield

Offered by:  Representative Donahue and others

H.C.R.  29

House concurrent resolution recognizing the law enforcement leadership and community service of former Brattleboro Police Chief and Windham County Sheriff Richard Guthrie

Offered by:  Representative Marek and others

Offered by:  Senators Shumlin and White

H.C.R. 30

House concurrent resolution commemorating the life of 19th-century American journalist, political activist, social critic Horace Greeley

Offered by:  Representative Donaghy

H.C.R. 31

House concurrent resolution congratulating Verna May (Long) Evarts on her 100th birthday

Offered by:  Representative Clark and others

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, February 1, 2007, and will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-ninth biennial session of the Vermont General Assembly.]


Adjournment

On motion of Senator Shumlin, the Senate adjourned, to reconvene on Tuesday, February 5, 2007, at ten o’clock in the forenoon pursuant to J.R.S. 11.

 



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