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Journal of the Senate

________________

Friday, March 23, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by Michael Greenleaf of Barnet.

Message from the House No. 35

     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 passed a bill of the following title:

H. 518.  An act relating to technical tax amendments.

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

Bill Referred

House bill of the following title was read the first time and referred:

H. 518.

An act relating to technical tax amendments.

To the Committee on Finance.

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:

     Brian T. Byrnes of Middlebury - Member of the Human Rights Commission, - from September 20, 2006, to February 28, 2011.

     To the Committee on Judiciary.

     Leigh Keyser Phillips of Burlington - Member of the Occupational Safety and Health Review Board, - from March 12, 2007, to February 28, 2013.

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

     Jeffrey L. Davis of Williston - Member of the University of Vermont and Agricultural College Board of Trustees, - from March 16, 2007, to February 28, 2013.

     To the Committee on Education.

     Sharon Russell of Rutland - Member of the Job Start Board, - from March 20, 2007, to February 28, 2012.

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

     Peter C. Ozarowski of South Burlington - Member of the Parole Board, - from March 22, 2007, to February 28, 2010.

     To the Committee on Institutions.

     Rene L. Blanchard of Essex Junction - Member of the Transportation Board, - from March 22, 2007, to February 28, 2010.

     To the Committee on Transportation.

     Deb Haskins of East Calais - Member of the Children and Family Council for Prevention Programs, - from March 22, 2007, to February 28, 2010.

     To the Committee on Health and Welfare.

Consideration Postponed

Senate bills entitled:

S. 70.

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

143

An act relating to authorizing the use of racing fuel containing the additive MTBE or other gasoline ethers.

S. 196.

An act relating to failure to insure for workers’ compensation coverage by employers and contractors.

Were taken up.

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


Bills Passed

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

S. 148.

An act relating to the requirements for an application to be a designated new town center.

S. 173.

An act relating to the awarding of high school diplomas to veterans of the Vietnam war.

S. 192.

An act relating to HIV name-based reporting.

Bill Amended; Third Reading Ordered

S. 92.

Senator Snelling, for the Committee on Natural Resources and Energy, to which was referred Senate bill entitled:

An act relating to groundwater mapping.

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

Sec. 1.  10 V.S.A. § 1416 is added to read:

§ 1416.  GROUNDWATER MAPPING

(a)  In accordance with the requirements of subdivision 1392(a)(4) of this title to identify and map the groundwater resources of the state, the secretary of natural resources shall establish a groundwater mapping program within the office of the state geologist.  The groundwater mapping program shall identify public water supply sources and groundwater sources that may serve as future public water supply sources.  The office of the state geologist shall also identify areas of interest that require additional mapping, including location of water wells, mapping of surficial geology and bedrock, and, if funds are available, geophysical studies.

(b)  Prior to October 15, 2007, the secretary of natural resources shall develop a schedule for mapping the groundwater resources of the state.  In developing the schedule for mapping the groundwater resources of the state, the secretary shall give priority to municipalities, watersheds, and other areas subject to development pressure, groundwater supply shortages, groundwater quality issues, or commercial groundwater withdrawal.  The secretary shall submit the schedule required by this section to the legislative study committee on groundwater regulation and funding, the senate committee on natural resources and energy, and the house committee on fish, wildlife, and water resources.

(c)  The secretary of natural resources may adopt rules implementing the requirements of this section.

Sec. 2.  AGENCY OF NATURAL RESOURCES GROUNDWATER FUNDING REPORT

(a)  On or before October 15, 2007, the agency of natural resources shall report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources with a recommendation for funding the groundwater resources of the state as required under sections 1392 and 1416 of Title 10.  The report shall include:

(1)  A summary of the current groundwater mapping conducted or completed by the agency of natural resources, including use of compiled groundwater data, well driller reports, and other groundwater data.

(2)  A summary of the appropriations and personnel currently available to the agency of natural resources for groundwater mapping.

(3)  An estimate of the appropriations and personnel necessary to fund the mapping of the groundwater resources of the state as required by sections 1392 and 1416 of Title 10 and a proposal for incorporating such appropriations into the agency of natural resources' annual budget.

(b)  Upon completion of the report required by this section, the agency of natural resources shall submit the report to the legislative study committee on groundwater regulation and funding.

And that when so amended the bill ought to pass.

Senator Snelling, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass when so amended.

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.


Senate Resolution Adopted

S.R. 13.

Senate resolution entitled:

Senate resolution requesting Congress to enact legislation to assure federal funding for veterans’ health care.

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

Rules Suspended; Bill Committed

S. 184.

Appearing on the Calendar for notice, on motion of Senator Lyons, the rules were suspended and Senate bill entitled:

An act relating to the uniform environmental covenants act.

Was taken up for immediate consideration.

Thereupon, pending second reading of the bill, Senator Lyons moved that the bill be committed to the Committee on Natural Resources and Energy,

Which was agreed to.

Appointment Confirmed

The following Gubernatorial appointment was confirmed separately by the Senate, upon full report given by the Committee to which it was referred:

     Bonnie Rutledge of Waterbury – Commissioner of the Department of Motor Vehicles – March 1, 2007, to February 28, 2009.

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

Senator Mazza 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, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, 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: Condos, Coppenrath.


Message from the House No. 36

     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 passed bills of the following titles:

H. 149.  An act relating to liquor identification and tobacco licenses.

H. 353.  An act relating to employee free choice for bargaining representative.

H. 361.  An act relating to pay scale, death benefit, and tuition benefits for members of the National Guard.

H. 522.  An act relating to the viability of Vermont agriculture.

H. 525.  An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety.

H. 527.  An act relating to State’s transportation program.

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

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, are hereby adopted on the part of the Senate:

By Senators Mullin, Carris and Maynard,

By Representatives Andrews of Rutland City, Courcelle of Rutland City, Flory of Pittsford, Howard of Rutland City, McCormack of Rutland City, Sunderland of Rutland Town, Canfield of Fair Haven, Chen of Mendon, Fallar of Tinmouth and Malcolm of Pawlet,

S.C.R. 12.

Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team.

By Senators Condos, Flanagan, Lyons, Miller, Racine and Snelling,

S.C.R. 13.

Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys' ice hockey team.

     [The full text of the Senate concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 22, 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.  74

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team

Offered by:  Representative Morrissey and others

Offered by:  Senators Hartwell and Sears

H.C.R.  75

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams

Offered by:  Representative Morrissey and others

Offered by:  Senators Hartwell and Sears

H.C.R.  76

House concurrent resolution honoring the federal TRIO programs in Vermont

Offered by:  Representative Howard

H.C.R.  77

House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters

Offered by:  Representative Deen and others

Offered by:  Senator Lyons

H.C.R.  78

House concurrent resolution in memory of George H. Duke of Dummerston

Offered by:  Representative Deen and others

Offered by:  Senators Shumlin and White

H.C.R.  79

House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award

Offered by:  Representative Frank and others

H.C.R.  80

House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the House of Representatives

Offered by:  Representative Hosford and others

Offered by:  Senators Cummings, Doyle, Lyons, Maynard, Mazza and Scott

H.C.R.  81

House concurrent resolution in memory of Bristol selectboard member Armand Compagna

Offered by:  Representative Sharpe and others

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 22, 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, March 27, 2007, at ten o’clock in the forenoon pursuant to J.R.S. 26.

 



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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