Download this document in MS Word format


AutoFill Template

Journal of the Senate

________________

Tuesday, May 8, 2007

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Joint Resolutions Adopted in Concurrence

Joint House resolutions entitled:

J.R.H. 29.

Joint resolution designation May 5-12 as Vermont food allergy awareness week and honoring children and food allergies and their parents.

J.R.H. 32.

Joint resolution honoring municipal public works employees and designating May 20-26 as public works week in Vermont.

J.R.H. 33.

Joint resolution congratulating the centennial anniversary of the Chandler Center for the Arts and designating August 20, 2007, as Chandler Center for the Arts Day.

Having been placed on the Calendar for action, were taken up.

Thereupon, the resolutions were adopted severally in concurrence.

Rules Suspended; Reports of Committee of Conference Accepted and Adopted on the Part of the Senate

H. 78.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled:

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

Was taken up for immediate consideration.

Senator White, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:

H. 78.  An act relating to reconsideration or rescission of votes in local elections.

Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment

                                                                        CLAIRE D. AYER

                                                                        GEORGE R. COPPENRATH

                                                                        JEANETTE K. WHITE

                                                                 Committee on the part of the Senate

                                                                        LINDA J. MARTIN

                                                                        TIMOTHY JERMAN

                                                                        COLA H. HUDSON

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

S. 13.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on Senate bill entitled:

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

Was taken up for immediate consideration.

Senator Starr, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:

S. 13.  An act relating to the idling of motor vehicle engines on school property.

Respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment and that the bill as approved by the Senate be amended by striking out all after the enacting clause and inserting in lieu thereof the following:


Sec. 1.  23 V.S.A. § 1282(f) is added to read:

(f)  Subject to state board of education rules, which may provide for limited idling, the operator of a school bus shall not idle the engine while waiting for children to board or to exit the vehicle at a school and shall not start the engine until ready to leave the school premises.  The board, in consultation with the agency of natural resources, the department of health, and the department of motor vehicles, shall adopt rules to implement this subsection.  The rules shall set forth periods or circumstances that reasonably require the idling of the engine, including periods when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; and periods when the engine is undergoing maintenance or inspection.

Sec. 2.  SCHOOL BOARDS; VEHICULAR IDLING

Nothing in this act or in department of education rules shall prevent a school board from adopting idling policies for motor vehicles other than school buses when present on school premises.  By January 1, 2008, the department of education shall develop a model policy relating to idling of vehicles other than school buses to be distributed to schools for their use.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.  The rules required by this act shall take effect during the 2007–2008 academic year. 

                                                                        ROBERT A. STARR

                                                                        WILLIAM T. DOYLE

                                                                        HAROLD W. GIARD

                                                                 Committee on the part of the Senate

                                                                        CAROL R. HOSFORD

                                                                        PETER PELTZ

                                                                        JIM MCCULLOUGH

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Rules Suspended; Bill Messaged

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

H. 78.


Rules Suspended; Bill Delivered

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

S. 13.

Recess

On motion of Senator Shumlin the Senate recessed until 4:00 P.M.

Called to Order

At 4:20 P.M. the Senate was called to order by the President.

Committee of Conference Appointed

S. 133.

An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement.

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

                                         Senator Scott

                                         Senator Mazza

                                         Senator Sears

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

Rules Suspended; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence

H. 361.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to pay scale, death benefit, and tuition benefits for members of the national guard.

Was taken up for immediate consideration.

Senator Ayer, for the Committee on Government Operations, to which the bill was referred, 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.

Appointments Confirmed

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

     George R. Crombie of Warren – Secretary of the Agency of Natural Resources – January 9, 2007, to February 28, 2007.

     George R. Crombie of Warren – Secretary of the Agency of Natural Resources – March 1, 2007, to February 28, 2009.

     Jonathan Wood of Jeffersonville - Commissioner of the Department of Forests, Parks and Recreation – March 1, 2007, to February 28, 2009.

     The nomination of

     Wayne Alan LaRoche of Franklin - Commissioner of the Department of Fish and Wildlife – March 1, 2007, to February 28, 2009.

     Was confirmed by the Senate on a roll call, Yeas 26, Nays 2.

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

Those Senators who voted in the negative were: Ayer, Starr.

Those Senators absent and not voting were: Campbell, Snelling.

     R. Tasha Wallis of Stowe - Commissioner of the Department of Buildings and General Services – March 1, 2007, to February 28, 2009.

     Stephen R. Dale of Montpelier - Commissioner of the Department of Children and Families – March 1, 2007, to February 28, 2009.

     The nomination of

     Cynthia LaWare of Williston - Secretary of the Agency of Human Services – March 1, 2007, to February 28, 2009.

     Was confirmed by the Senate on a roll call, Yeas 26, Nays 1.

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

The Senator who voted in the negative was: Kittell.

Those Senators absent and not voting were: Bartlett, MacDonald, Snelling.

     Patrick Flood of East Calais - Commissioner of the Department of Aging and Disabilities – March 1, 2007, to February 28, 2009.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o’clock in the morning.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us