Download this document in MS Word format


AutoFill Template

Journal of the Senate

________________

Wednesday, February 21, 2007

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Message from the House No. 21

     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 Governor has informed the House of Representatives that on the twentieth day of February, 2007, he signed bills originating in the House of the following titles:

H. 19.  An act relating to approval of amendment to the charter of the city of St. Albans.

H. 23.  An act relating to approval of amendments to the charter of the town of Stowe.

Bills Introduced

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

S. 98.

By Senator Condos,

An act relating to legislative approval of municipal charter amendments.

To the Committee on Government Operations.

S. 99.

By Senators Nitka and Kitchel,

An act relating to the interstate compact for the placement of children.

To the Committee on Judiciary.


S. 100.

By Senator Kittell,

An act relating to a school nurse consultant at the department of education.

To the Committee on Education.

S. 101.

By Senators Miller, Condos, Doyle, Giard and Lyons,

An act relating to school enrollment of state-placed children.

To the Committee on Education.

S. 102.

By Senators Collins and Doyle,

An act relating to decreasing the percentage to determine a school district excess spending.

To the Committee on Education.

Proposed Amendment to the Constitution Introduced

The Proposed Amendment to the Constitution of the State of Vermont designated as Proposal 3 was introduced, read the first time and referred:

PROPOSAL 3

Sec. 1.  PURPOSE

This proposal would amend the Vermont Constitution to allow cities, towns, and villages to adopt, amend, or repeal their respective charters and to provide cities, towns, and villages with all powers and authority to perform all functions their voters determine their respective municipalities need.

Sec. 2.  Section 6 of Chapter II of the Vermont Constitution is amended to read:

§ 6. [Legislative powers]

The Senate and the House of Representatives shall be styled, The General Assembly of the State of Vermont.  Each shall have and exercise the like powers in all acts of legislation; and no bill, resolution, or other thing, which shall have been passed by the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other.  Provided,  That all Revenue bills shall originate in the House of Representatives; but the Senate may propose or concur in amendments, as on other bills.  Neither House during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting; and in case of disagreement between the two Houses with respect to adjournment, the Governor may adjourn them to such time as the Governor shall think proper.  They may prepare bills and enact them into laws, redress grievances, grant charters of incorporation, subject to the provisions of section 69, constitute towns, borroughs, cities and counties; and they shall have all other powers necessary for the Legislature of a free and sovereign State; but they shall have no power to add to, alter, abolish, or infringe any part of this Constitution.

Sec. 3.  Section 69 of Chapter II of the Vermont Constitution is amended to read:

§ 69. [Charters, limit on right to grant]

No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are to be and remain under the patronage or control of the State; but the General Assembly shall provide by general laws for the organization of all corporations hereafter to be created.  A city, town, or village shall have the power, through approval by a majority of its voters, to adopt, amend, and repeal a charter of incorporation.  A charter may authorize the municipality to exercise any legislative power or perform any function not specifically prohibited by the Vermont Constitution or general law.  The powers and functions granted to cities, towns, and villages under this section shall be liberally construed.  All general laws passed pursuant to this section may be altered from time to time or repealed.

Sec. 4.  EFFECTIVE DATE

Once ratified and adopted by the people of this state in accordance with the provisions of chapter 32 of Title 17, the provisions of this amendment shall become a part of the Vermont Constitution immediately.

To the Committee on Government Operations.

Third Reading Ordered; Rules Suspended; Bill Passed; Rules Suspended Bill Messaged

S. 83.

Senate committee bill entitled:

An act relating to delinquent tax penalties.

Having appeared on the Calendar for notice for one day, was taken up.

Senator Carris, for the Committee on Finance, to which the bill was referred, reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec.1 DELINQUENT TAX PENALTIES; GRACE PERIODS; 2007

     Notwithstanding any other provision of law, with respect to all property tax payments with a due date prior to July 1, 2007, the legislative body of a municipality may waive penalties or interest, or both, and may establish a grace period or graduated commission schedule for all taxes payable after the established time of payment.

Sec.2. VERMONT ECONOMIC DEVELOPMENT AUTHORITY; LOW INTEREST LOANS

The Vermont Economic Development Authority shall give preference by providing low-interest loans in its small business loan program to applicants whose business has been adversely affected by  lack of snow in November and December 2006 and January 2007.

Sec. 3.  EFFECTIVE DATE

     This act shall take effect from passage and shall apply retroactively to January 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 recommendation of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage forthwith.

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

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.

Appointments Confirmed

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

     James Reardon of Montpelier – Commissioner of the Department of Finance – March 1, 2007, to February 28, 2009.

Was confirmed by the Senate 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.

     Linda McIntire of Montpelier – Commissioner of the Department of Human Resources – March 1, 2007, to February 28, 2009.

Was confirmed by the Senate on a roll call, Yeas 29, Nays 0.

Senator Lyons 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.

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