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Journal of the Senate

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Wednesday, July 11, 2007

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Pledge of Allegiance

Senator Doyle then led the members of the Senate in the pledge of allegiance.

Governor’s Veto Overridden; Rules Suspended; Bill Messaged

     On motion of Senator Shumlin, the rules were suspended, and Senate bill entitled:

S. 164.  An act relating to campaign finance.

     Was taken up.

     Thereupon, the pending question, Shall the bill pass, notwithstanding the refusal of the Governor to approve it?, was decided in the affirmative on a roll call as required by the Vermont Constitution, Yeas 24, Nays 5. (the necessary override two-thirds vote having been attained).

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Carris, Condos, Cummings, Flanagan, Giard, Hartwell, Kitchel, Kittell, Lyons, MacDonald, Mazza, McCormack, Miller, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: Coppenrath, Doyle, Illuzzi, Maynard, Mullin.

The Senator absent and not voting was: Collins.

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

Recess

On motion of Senator Shumlin the Senate recessed until the fall of the gavel.


Called to Order

At 2:00 P.M. the Senate was called to order by the President pro tempore.

House Concurrent Resolution

     House concurrent resolution of the following title was introduced, read and adopted on the part of the Senate:

H.C.R. 163

House concurrent resolution congratulating the town of Springfield, Vermont on winning the right to host the world premier of the “The Simpsons Movie”

Offered by:  Representatives Emmons of Springfield, Lorber of Burlington, Martin of Springfield, Pellett of Springfield, Obuchowski of Rockingham, and Partridge of Windham

Offered by Senators Campbell, McCormack, and Nitka

Whereas, Homer Simpson and his animated television family have resided in Springfield, U.S.A., and for the last 18 years they have entertained millions of viewers, and

Whereas, after nearly two decades of appearing regularly on the nation’s broadcast, cable, and satellite television channels, the Warner Brothers film studio has decided that this truly loveable family deserved the honor of starring in a full-length feature film, and

Whereas, although the Simpsons are well-established residents of Springfield, the specific Springfield in which they reside has always been left to the viewers’ imagination, and

Whereas, in order to trigger great excitement leading up to the Simpsons’ cinematic premier, Warner Brothers conducted a national online contest, enabling the public to view video entries from the nation’s Springfields and cast its votes for the premier’s location, and

Whereas, despite not being issued an initial invitation to participate in this important contest, Springfield, Vermont was ultimately afforded the right to submit a video entry, and

Whereas, despite working under extreme time constraints, Springfield, Vermont persevered and drew on its talented citizens who produced an outstanding presentation for national consideration, and

Whereas, when the voting time period expired, and the contest’s organizers tallied the votes, Springfield, Vermont emerged triumphant with 15,367 votes defeating second place Springfield, Illinois by 733 votes, and

Whereas, as result of this amazing victory over communities that are far larger and better known, Springfield, Vermont will host the premier of “The Simpsons Movie” on July 21, at the Springfield Movie Theater on Main Street, and

Whereas, the premier will make Springfield, Vermont a community known to millions of Americans, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the town of Springfield for winning the right to host the world premier of the “The Simpsons Movie,” and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Springfield town clerk, the Springfield Chamber of Commerce, and the Vermont film commission.

President Assumes the Chair

Committee Bill Introduced; Rules Suspended; Immediate Consideration; Consideration Interrupted by Recess

Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice tomorrow:

S. 209.

By the Committees on Finance and on Natural Resources and Energy,

An act relating to the Vermont energy efficiency and affordability act.

Thereupon, pending entry of the bill on the Calendar for notice tomorrow, Senator Shumlin moved that the rules be suspended and that the bill be taken up for immediate consideration,

Which was agreed to on a roll call, Yeas 23, Nays 5 (the necessary three-fourths vote having been attained).

Senator Mullin 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, Condos, Cummings, Flanagan, Giard, Hartwell, Kitchel, Kittell, Lyons, MacDonald, Mazza, McCormack, Miller, Nitka, Racine, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: Coppenrath, Doyle, Maynard, Mullin, Scott.

Those Senators absent and not voting were: Collins, Illuzzi.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the bill be read a third time?, on motion of Senator Shumlin the Senate recessed until the fall of the gavel.

Called to Order

At 3:20 P.M. the Senate was called to order by the President.

Consideration Resumed; Bill Amended; Third Reading Ordered; Rules Suspended; Bill Passed; Rules Suspended; Bill Messaged

S. 209.

Consideration was resumed on Senate bill entitled:

An act relating to the Vermont energy efficiency and affordability act.

Thereupon, pending the question, Shall the bill be read a third time?, Senator Coppenrath moved to amend the bill by striking out Sec. 17 in its entirety.

Which was disagreed to on a roll call, Yeas 6, Nays 23.

Senator Coppenrath having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Coppenrath, Illuzzi, Kitchel, Maynard, Scott, Starr.

Those Senators who voted in the negative were: Ayer, Bartlett, Campbell, Carris, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Kittell, Lyons, MacDonald, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Sears, Shumlin, Snelling, White.

The Senator absent and not voting was: Collins.

Thereupon, pending the question, Shall the bill be read a third time?, Senator Scott moved to amend the bill in Sec. 32, subdivision (2), at the end of the subdivision by adding the following: As part of its deliberations, the board shall consider expanding existing loan programs and expanding the existing low income weatherization program, both in a form in which these would serve as alternatives to a revised efficiency utility and in a form in which they would supplement services offered by the revised utility.

Thereupon, pending the question, Shall the bill be amended as moved by Senator Scott?, Senator Scott requested and was granted leave to substitute a proposal of amendment as follows: In Sec. 32, subdivision (2), at the end of the subdivision by adding the following: As part of its deliberations, the board shall consider expanding existing loan programs and expanding the existing low income weatherization program, in a form in which they would supplement services offered by the revised utility.

Which was agreed to.

Thereupon, pending the question, Shall the bill be read the third time?, Senator Mullin moved to amend the bill by striking out Secs. 29 through 40 and Secs. 42 through 46.

Which was disagreed to.

Thereupon, third reading of the bill was ordered on a roll call, Yeas 23, Nays 6.

Senator Starr 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, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kittell, Lyons, MacDonald, McCormack, Miller, Nitka, Racine, Scott, Sears, Shumlin, Snelling, White.

Those Senators who voted in the negative were: Coppenrath, *Kitchel, Maynard, Mazza, Mullin, Starr.

The Senator absent and not voting was: Collins.

     *Senator Kitchel explained her vote as follows:

“Mr. President:

     This is a very difficult vote for me.  There are many provisions of this legislation that I strongly support, because I view myself as a Vermonter with strong values around conservation and the environment.  I had hoped that all the tax-related provisions could be removed and carefully considered as a comprehensive package addressing tax rates for all types of energy generation; however, this was not to be the case.  After much personal consideration of the concerns that many of my constituents have raised regarding the tax rate that this legislation establishes for wind generation facilities, I have concluded that I cannot vote in favor of legislation that will ultimately have the impact of reducing property tax revenues from one entity that will have to compensated for by my constituents and other taxpayers.”

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 on a roll call, Yeas 23, Nays 6.

Senator Snelling 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, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kittell, Lyons, MacDonald, McCormack, Miller, Nitka, Racine, Scott, Sears, Shumlin, Snelling, White.

Those Senators who voted in the negative were: Coppenrath, Kitchel, Maynard, Mazza, Mullin, Starr.

The Senator absent and not voting was: Collins.

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

Recess

On motion of Senator Shumlin the Senate recessed until the fall of the gavel.

Called to Order

At 5:00 P.M. the Senate was called to order by the President.

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

   By Senator Shumlin,

     J.R.S. 39.  Joint resolution relating to final adjournment of the General Assembly in 2007.

     Resolved by the Senate and House of Representatives

     That when the President of the Senate and the Speaker of the House of Representatives adjourn their respective houses on the eleventh day of July, 2007, they shall do so to reconvene on the eighth day of January, 2008, at ten o’clock in the forenoon.

Message from the House No. 108

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

The House has considered the Governor’s veto on Senate bill of the following title:

S. 164.  An act relating to campaign finance.

     And has failed to pass the bill, the Governor’s refusal to approve the bill notwithstanding. 

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

J.R.S. 39.  Joint resolution relating to final adjournment of the General Assembly in 2007.

And has adopted the same in concurrence.

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

     H.C.R. 163.  Concurrent resolution congratulating the town of Springfield, Vermont on winning the right to host the world premier of the “The Simpsons Movie”.

The House has on its part completed the business of the session and is ready to adjourn until January 8, 2008, pursuant to the provisions of J.R.S. 39.

Secretary Directed to Inform the House of Completion of Business

On motion of Senator Shumlin, the Secretary was directed to inform the House that the Senate has completed the business of the session and is ready on its part to adjourn to a day certain on the eighth day of January, 2008, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 39.

Final Adjournment

On motion of Senator Shumlin, at five o'clock and fourteen minutes in the afternoon, the Senate adjourned to a day certain, to the eighth day of January, 2008, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 39.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us