Download this document in MS Word format


AutoFill Template

Journal of the Senate

________________

Friday, February 16, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Terry Dorsett of Barre.

Message from the Governor

A message was received from His Excellency, the Governor, by Ms. Kiersten Bourgeois, Secretary of Civil and Military Affairs, as follows:

Mr. President:

I am directed by the Governor to inform the Senate that on the fourteenth day of February, 2007, he approved and signed a bill originating in the Senate of the following title:

S. 32.  An act relating to appointments and terms for energy coordinators.

Bill Referred to Committee on Finance

S. 93.

Senate Committee bill of the following title, appearing on the Calendar for notice, and affecting the revenue of the state, under the rule was referred to the Committee on Finance:

An act relating to miscellaneous changes to education law.

Proposals of Amendment; Third Reading Ordered

H. 213.

Senator Bartlett, for the Committee on Appropriations, to which was committed House bill entitled:

An act relating to interim assistance to the dairy industry and the development of long-term goals for a viable agricultural sector.

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

First:  In Sec. 3, by striking out subsections (f) and (g) in their entirety

Second:  In Sec. 5(a), after the word “management” by adding the following: for transfer to the agency of agriculture, food and markets

Third:  By adding a new Sec. 7 to read as follows:

Sec. 7.  FINAL PAYMENT

It is the intent of the general assembly that the payment provided by this act is the final dairy assistance program payment for the 2007-2008 biennium.

and by renumbering the remaining section to be Sec. 8

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, and the proposals of amendment were collectively agreed to on a roll call Yeas 29, Nays 0.

Senator Sears 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, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: None.

The Senator absent and not voting was: MacDonald.

Thereupon, third reading of the bill was ordered.

Bill Amended; Bill Passed

S. 13.

Senate bill entitled:

An act relating to idling school bus engines on school property.

Was taken up.

     Thereupon, pending third reading of the bill, Senator Starr, on behalf of the Committee on Education, moved to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:


Sec. 1.  VEHICULAR IDLING ON SCHOOL PROPERTY

On or before June 1, 2007, the department of education shall make available to all public school districts and approved independent schools a model policy concerning the reduction and location of idling by school busses and other motor vehicles on school property in close proximity to where students and staff are located or are expected to board.  On or before January 1, 2008, each public school district and approved independent school shall adopt a policy concerning vehicular idling on its property and shall ensure that the policy is widely communicated.  The adopted policy shall be enforced as are other school policies.  Each public school district and approved independent school shall also ensure that the adopted policy is incorporated into any new or renewed contract into which it enters with a school bus company.

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage.

Which was agreed to on a roll call, Yeas 25, Nays 4.

Senator Doyle 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, Carris, Collins, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, McCormack, Miller, Mullin, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: Coppenrath, Maynard, Mazza, Nitka.

The Senator absent and not voting was: MacDonald.

Thereupon, pursuant to Senate Rule 40, the title of the bill was amended by the Secretary to read as follows:

“AN ACT RELATING TO THE IDLING OF MOTOR VEHICLE ENGINES ON SCHOOL PROPERTY.”

Thereupon, the bill was read the third time and passed.

Appointments Confirmed

The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred:

     Cortland T. Corsones, Esq. of Mendon – Superior Judge – March 1, 2007, to March 31, 2011.

Was confirmed by the Senate on a roll call, Yeas 28, Nays 0.

Senator Sears 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, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, Maynard, Mazza, McCormack, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: MacDonald, Miller.

     Thomas A. Zonay, Esq. of Taftsville – District Judge – March 1, 2007, to March 31, 2007.

Was confirmed by the Senate on a roll call, Yeas 28, Nays 0.

Senator Sears 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, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, Maynard, Mazza, McCormack, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: None.

Those Senators absent and not voting were: MacDonald, Miller.

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.  40

House concurrent resolution in memory of Brian Lawrence Wrigley

Offered by:  Representatives Donahue of Northfield and Grad of Moretown


H.C.R.  41

House concurrent resolution honoring Joyce Wyman for her local and state public service

Offered by:  Representative Browning of Arlington

Offered by:  Senators Hartwell and Sears

H.C.R.  42

House concurrent resolution in memory of Seward Weber

Offered by:  Representative Ancel of Calais

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, February 15, 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 20, 2007, at ten o’clock in the forenoon pursuant to J.R.S. 17.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us