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Journal of the Senate

________________

Friday, April 27, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Daniel McAllister of Montpelier.

Message from the House No. 64

     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 Senate bills of the following titles:

S. 54.  An act relating to motor vehicle wreckers.

S. 78.  An act relating to having the cost of picking up and hauling milk paid by the purchaser.

S. 91.  An act relating to the department of banking, insurance, securities, and health care administration.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 405.  An act relating to capital construction and state bonding.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such Committee on the part of the House

                                         Rep. Emmons of Springfield

                                         Rep. Myers of Essex

                                         Rep. Rodgers of Glover

The House has adopted a joint resolution of the following title:

J.R.H. 25.  Joint resolution authorizing the commissioner of forests, parks and recreation to enter into land exchanges.

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

Bill Referred to Committee on Appropriations

H. 531.

House bill of the following title, appearing on the Calendar for notice and carrying an appropriation or requiring the expenditure of funds, under the rule was referred to the Committee on Appropriations:

An act relating to ensuring success in health care reform.

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:

     Cynthia C. Jones of Orange - Member of the Fish and Wildlife Board, - from April 18, 2007, to February 28, 2013.

     To the Committee on Natural Resources.

     Kathryn Larsen of Wilmington - Member of the State Board of Education, - from April 25, 2007, to February 28, 2013.

     To the Committee on Education.

Rules Suspended; Committee Relieved of Further Consideration; Bill Placed on Calendar for Notice

H. 523.

On motion of Senator Shumlin, the rules were suspended, and H. 523 was taken up for immediate consideration, for the purpose of relieving the Committee on Rules from further consideration of the bill. Thereupon, on motion of Senator Shumlin, the Committee on Rules was relieved of House bill entitled:

An act relating to moving families out of poverty,

and the bill was placed on the Calendar for notice the next legislative day.

Joint Resolution Referred

J.R.H. 25.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution authorizing the commissioner of forests, parks and recreation to enter into land exchanges.

Whereas, subsection 2606(b) of Title 10 authorizes the commissioner of forests, parks and recreation to exchange or lease certain lands, with the approval of the general assembly, and

Whereas, the general assembly considers the following actions to be in the best interest of the state, now therefore be it

Resolved by the Senate and House of Representatives:

That the commissioner of forests, parks and recreation is authorized to:

(1)  Convey the eight‑acre so‑called “Fiddler’s Elbow” parcel located in the town of Lowell to Dale Percy in exchange for a right‑of‑way and associated acreage of up to 15 acres located immediately adjacent to the Moss Glen Falls portion of C.C. Putnam State Forest in the town of Stowe, provided that the agency of transportation transfers the Fiddler’s Elbow parcel to the department of forests, parks and recreation as “surplus” property at no cost, and provided that the appraised value of the land and right‑of‑way at Moss Glen Falls is equal to or greater than the appraised value of the Fiddler’s Elbow parcel.

(2)  Notwithstanding 29 V.S.A. § 166, sell a portion of Willoughby state forest containing the so‑called Cheney House located near the south end of Lake Willoughby in the town of Westmore.  The sale shall include up to five acres of land necessary to encompass the Cheney House, associated wastewater treatment facilities, and associated outbuildings, structures, facilities, and access drives.  It shall not include any frontage on Lake Willoughby.  The commissioner shall follow the 29 V.S.A. § 166 process for sale of state lands.  However, proceeds from this sale shall be deposited in the department of forests, parks and recreation parks special fund for the following uses in the following order of priority:  implementation of a plan to develop Sentinel Rock State Park in Westmore; improvement of facilities in Willoughby state forest at the south end of Lake Willoughby; and construction of cabins at state parks.

(3)  Enter into a lease for a term of up to 50 years with Thom and Hallie McEvoy for the rehabilitation, care, and stewardship of the Preston‑Lefreniere homestead property in Camel’s Hump State Park in the town of Bolton.  The leasehold shall comprise up to 460 acres of the parcel, including the historic house, barns, and associated agricultural and forest lands.  The lease shall provide for the rehabilitation and residential use of the homestead, stabilization and renovation of the barns, and agricultural, forestry, and related educational, conservation, and recreational uses of the property consistent with department management goals, historic integrity of the structures and land, and legal restrictions associated with the parcel.  In lieu of a lease rental payment, lessees shall commit to an approved plan for renovating, improving, using, and maintaining the property and its associated structures.

(4)  Relinquish by quitclaim deed the state’s reversionary interest in a 0.17‑acre portion of the former Rutland Railroad property now owned by the town of South Hero so that the town may exchange the land for a 4.7‑acre parcel of an adjacent landowner.  The newly acquired parcel would be open and available for public recreational access and use. 

(5)  Amend the ski area lease with Burke 2000 LLC on Burke Mountain at Darling State Park to provide for three additional ten‑year extension periods and to make two additional technical amendments to the lease as follows:  title to all buildings, lifts, and other associated structures within the leasehold shall revert to the lessee, and the lessee shall have the right to assign or pledge the lease as collateral security for any mortgages or liens on its property.  Authorization to amend the lease is contingent on the completion of an economic study of the existing ski lease which demonstrates that the state of Vermont’s lease fee formula is in the best interest of the state and compares favorably to other publicly administered ski leases in peer jurisdictions, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the commissioner of forests, parks and recreation.

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was treated as a bill and referred to the Committee on Institutions.

Proposals of Amendment; Third Reading Ordered

H. 518.

Senator Maynard, for the Committee on Finance, to which was referred House bill entitled:

An act relating to technical tax amendments.

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

     First:  By striking out Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:

Sec. 4.  32 V.S.A. § 5941(a) and (b) are amended to read:

(a)  The court shall include in any judgment a notice that any unpaid amounts shall amount of a fine, penalty, surcharge, or fee, but not damages, may be certified to the department for a setoff on the judgment debtor’s income tax refund and property tax adjustment under chapter 154 of this title, and the notice shall explain how the judgment debtor may challenge the certification.

(b) Sections 5934(c) and 5936 of this title, relating to the procedure for contesting the debt, shall not apply to a court seeking information setoff from a judgment debtor under this subchapter.

     Second:  In Sec. 9, 32 V.S.A., §6061 in the first line of subsection (14), by striking through the word "municipality's" as follows:  "municipality's"

     Third:  In Sec. 9, 32 V.S.A. §6061 subsection (14) by striking out the word “subdivsion” and inserting in lieu thereof subdivision

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, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered.

Consideration Postponed

S. 173.

Senate bill entitled:

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

Was taken up.

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

Bills Passed in Concurrence with Proposals of Amendment

H. 274.

House bill of the following title was read the third time and passed in concurrence with proposal of amendment:

An act relating to adult foster care.

H. 368.

House bill of the following title was read the third time and passed in concurrence with proposal of amendment:

An act relating to the regulation of professions and occupations.


H. 380.

House bill of the following title was read the third time and passed in concurrence with proposals of amendment:

An act relating to the regulation of health care facilities.

Third Readings Ordered; Rules Suspended; Bills Passed in Concurrence

H. 88.

Senator Condos, for the Committee on Finance, to which was referred House bill entitled:

An act relating to education property tax rate adjustments.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, 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 in concurrence forthwith.

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

H. 529.

Senator Coppenrath, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to establishing the town line between Burke and Kirby.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, 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 in concurrence forthwith.

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

Proposal of Amendment; Third Reading Ordered

H. 78.

Senator Coppenrath, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to reconsideration or rescission of votes in local elections.

     Reported recommending that the Senate propose to the House to amend the bill in Sec. 1, 17 V.S.A. § 2661, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(e)  At a meeting duly warned for the purpose, the voters of a municipality may require that a majority vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting.  A vote to require a percentage, or increase or decrease a percentage, shall be in substantially the following form:  “Shall the (name of municipality) require that the percentage of votes cast in favor of reconsideration or rescission exceed (percentage) of the number of votes cast for the prevailing side at the original meeting?”  Once the voters of a municipality have voted to require a percentage, that percentage shall remain in effect until the voters of the municipality vote to increase or decrease the percentage.

And that the bill ought to pass in concurrence with such proposal of amendment.

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

Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment; Remarks Journalized

H. 91.

Senator Giard, for the Committee on Education, to which was referred House bill entitled:

An act relating to the Rozo McLaughlin far-to-school program.

     Reported recommending that the Senate propose to the House to amend the bill in Sec. 2, 6 V.S.A. § 4722, by designating the existing paragraph as subsection (a) and by adding a subsection (b) to read as follows:

(b)  For the purposes of this section and section 4723 of this title, the secretary may provide funds to one or more technical assistance providers to provide farm to school education and teacher trainings to more school districts and to assist the secretary and commissioner of education to carry out farmer and food service worker trainings.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal 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 in concurrence with proposal of amendment forthwith.

     Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

****During debate of the measure, Senator McCormack addressed the Chair, and on motion of Senator Nitka, his remarks were ordered enter in the Journal, and are as follows:

“Mr. President:

“I speak for Senator Campbell and Senator Nitka as well as myself.  We’re sad and honored to cast our yes votes for this bill, and we do so in memory of Representative Rozo McLaughlin.  Rozo was a sterling example of a citizen legislator.  She was thoroughly connected to her community, well-respected and well loved.  She grew quickly into the role of a legislator, a role at which she was effective and for which she earned the admiration of her colleagues.  She will be missed

Consideration Postponed

H. 229.

Senate bill entitled:

An act relating to corrections and clarification to the health care affordability act of 2006 and related legislation.

Was taken up.

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

Resolution Ordered to Lie

J.R.S. 24.

Joint Senate resolution entitled:

Joint resolution relating to the federal “fast track” process for congressional review of international trade agreements.

Was taken up.

Thereupon, pending the reading of the report of the Committee on Economic Development, Housing and General Affairs, on motion of Senator Lyons, the joint resolution was ordered to lie.

Senate Resolution Adopted

S.R. 17.

Senate resolution entitled:

Senate resolution honoring victims of crime and designating the week of April 22-29 as National Victims of Crime Week in Vermont.

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

Rules Suspended; Bills Messaged

On motion of Senator Shumlin, the rules were suspended, and the following bills were ordered messaged to the House forthwith:

H. 88; H. 91; H. 274; H. 368; H. 380; H. 529.

Committee of Conference Appointed

H. 405.

     An act relating to capital construction and state bonding.

Was taken up.  Pursuant to the request of the House, the President announced the appointment of

                                         Senator Scott

                                         Senator Mazza

                                         Senator Campbell

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Recess

On motion of Senator Shumlin the Senate recessed until 1:00 P.M.

Called to Order

At 1:05 P.M. the Senate was called to order by the President.

Message from the House No. 65

     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 bill originating in the Senate of the following title:

S. 39.  An act relating to health insurance plan reimbursement for covered services provided by naturopathic physicians.

And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 313.  An act relating to the administration and enforcement of fines within the judicial bureau.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such Committee on the part of the House

                                         Rep. Lippert of Hinesburg

                                         Rep. Grad of Moretown

                                         Rep. Flory of Pittsford

Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 77.  An act relating to transferring title to a motor vehicle to a surviving spouse.

The Speaker has appointed as members of such committee on the part of the House

                                         Rep. Flory of Pittsford

                                         Rep. Jewett of Ripton

                                         Rep. Pellett of Chester

The House has considered a joint resolution originating in the Senate of the following title:

J.R.S. 34.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

The Governor has informed the House of Representatives that on the twenty-sixth day of April, 2007, he approved and signed bills originating in the House of the following titles:

H. 157.  An act relating to home-fermented beverage competitions.

H. 510.  An act relating to Vermont Life magazine.

     The House has adopted concurrent resolutions of the following titles:

     H.C.R. 123.  Concurrent resolution in memory of Elizabeth Daley Jeffords.

     H.C.R. 124.  Concurrent resolution congratulating the 2007 American Basketball League champion Vermont Frost Heaves.

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

Committee of Conference Appointed

S. 13.

An act relating to the idling of motor vehicle engines on school property.

Was taken up.  Pursuant to the request of the Senate, the President announced the appointment of

                                         Senator Starr

                                         Senator Doyle

                                         Senator Giard

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

H. 526.

     An act relating to education quality and cost control.

Was taken up.  Pursuant to the request of the House, the President announced the appointment of

                                         Senator Collins

                                         Senator Shumlin

                                         Senator Illuzzi

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

H. 527.

     An act relating to state’s transportation program.

Was taken up.  Pursuant to the request of the House, the President announced the appointment of

                                         Senator Mazza

                                         Senator Scott

                                         Senator Kitchel

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Rules Suspended; Bill Messaged

On motion of Senator Shumlin, the rules were suspended, and the following bill was ordered messaged to the House forthwith:

S. 13.

Rules Suspended; Action Messaged

On motion of Senator Shumlin, the rules were suspended, and the action on the following bills was ordered messaged to the House forthwith:

H. 526; H. 527.

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.  123

House concurrent resolution in memory of Elizabeth Daley Jeffords

Offered by:  Representative Scheuermann and others

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

H.C.R.  124

House concurrent resolution congratulating the 2007 American Basketball League champion Vermont Frost Heaves

Offered by:  Representative Valliere and others

Offered by:  Senators Doyle, Cummings and Scott

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, April 26, 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 Monday, April 30, 2007, at three o’clock and thirty minutes in the afternoon pursuant to J.R.S. 34.

 



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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