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Journal of the Senate

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Thursday, January 17, 2008

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Jim Herod of Washington.

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. 44.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, January 18, 2008, it be to meet again no later than Tuesday, January 22, 2008.

Joint Resolution Placed on Calendar

J.R.H. 43.

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

Joint resolution designating October 18, 2008 as Vermont Pumpkin Carving Day.

Whereas, the carving and displaying of pumpkins are nearly as symbolic of October in Vermont as the countryside’s colorful pageantry of leaves, and

Whereas, sensing an unexpected opportunity to increase Manchester’s fame and fortune, Jay Hathaway contacted the Guinness World Record office in Great Britain and established the criteria for a second and brand-new record‑setting event for “the most people carving a pumpkin at one time,” and

Whereas, on Saturday, October 28, 2006, despite terrible weather, nearly 300 individuals gathered outside cosponsor Orvis’s flagship store to witness this historic carving event at which 120 individuals carved pumpkins simultaneously, and Manchester’s Guinness World Record objectives were met, and

Whereas, the 2006 Manchester pumpkin carving’s great success convinced the Manchester & the Mountains Regional Chamber of Commerce to make this an annual event and to expand the geographic scope of this newly established activity, and

Whereas, on October 13, 2007, the first legislatively designated Vermont Pumpkin Carving Day was conducted in Manchester and other communities throughout the state with great success, and

Whereas, a small, but nonetheless important, first step to facilitate pumpkin carving activities is the newly established four-acre pumpkin patch in Manchester which includes one acre reserved for schoolchildren’s use, and

Whereas, in order to celebrate the art of pumpkin carving, and as an incentive to encourage the economically important Columbus Day holiday weekend visitors to linger in Vermont just a little longer, a statewide pumpkin carving day would encourage other communities to conduct pumpkin carving festivities, now therefore be it

Resolved by the Senate and House of Representatives:

That this legislative body designates Saturday, October 18, 2008 as statewide pumpkin carving day, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to Jay Hathaway at the Manchester & Mountain Regional Chamber of Commerce and to Commissioner of Tourism and Marketing Bruce Hyde.

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Third Reading Ordered

S. 257.

Senator White, for the Committee on Health and Welfare, to which was referred Senate bill entitled:

An act relating to Medicaid coverage of naturopathic physicians.

Reported that the bill ought to pass.

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


Consideration Postponed

S. 342.

Senate Committee bill entitled:

An act relating to Lake Champlain commemorative motor vehicle plates.

Was taken up.

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

Joint Resolution Adopted on the Part of the Senate

J.R.S. 43.

Joint Senate resolution entitled:

Joint resolution relating to Town Meeting adjournment.

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

Rules Suspended; Point of Order; Bill Amended; Third Reading Ordered

S. 278.

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

An act relating to financing campaigns.

Was taken up for immediate consideration.

Thereupon, Senator Mullin raised a point of order that pursuant to Senate Rule 90 the Senate should not be permitted to consider this bill in that the same issues had been considered already this biennium in S. 164, which had been passed by the General Assembly and vetoed by the Governor.

The President ruled that, although the question was a close one, the point of order was not well taken.

Senate Rule 90 provides as follows:

     “The Senate having taken the final vote upon any question the same shall not again be in order during the same session or any adjourned session thereof in any form whatever except by way of reconsideration.”

     S. 164, introduced in the first year of this biennial session, dealt with the same subject matter – the financing of political campaigns.  Several sections of S. 278 are identical to the language that was set forth in S. 164.  Sections 1, 2, 4 and 5 of S. 164 are identical to sections 1, 2, 4 and 5 of S. 278.  If the amendment in today’s calendar to section 3 of S. 278 is approved, both sections 3 will also be identical. 

     In S. 278, there are two new paragraphs added to 17 V.S.A. § 2809(c)(3) in section 6 of the bill.  S.278 also has a new section 7.

     The remaining sections of S. 278 are the same as were found in S. 164, except for the effective date clause.

     Also, the amendments in today’s calendar, if approved, would result in changes to sections 1, 2 and 6 of S. 278.

     The President concluded that the question decided with respect to S. 164 was whether that bill as then constituted should pass.

     Because S. 278 does not pose the same question as was voted on with respect to S. 164, in view of the changes noted above, the point of order is overruled.

     Senator White, for the Committee on Government Operations, to which the bill was referred, reported recommending that the bill be amended as follows:

First:  In Sec. 1, subdivision (10), before the last period by inserting the following: , and during the General Assembly’s consideration of S.164 during the 2007 legislative session.

Second:  In Sec. 2, 17 V.S.A. § 2801(3)(C), by striking out the figure “$500.00” and inserting in lieu thereof the figure $1,000.00

Third:  In Sec. 2, 17 V.S.A. § 2801(4)(C), by striking out the figure “$500.00” and inserting in lieu thereof the figure $1,000.00

Fourth:  By striking out Sec. 3 in its entirety and inserting in lieu thereof a new Sec. 3 to read as follows:

Sec. 3.  17 V.S.A. § 2801a is amended to read:

§ 2801a.  EXCEPTIONS

The definitions of “contribution,” “expenditure,” and “electioneering communication” shall not apply to:

(1)  any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication which has not been paid for, or such facilities are not owned or controlled, by any political party, committee, or candidate; and

(2)  any communication distributed through a public access television station if the communication complies with the laws and rules governing the station, and all candidates in the race have an equal opportunity to promote their candidacies through the station.

Fifth:  In Sec. 6, 17 V.S.A. § 2809(d)(3)(D), after the word “than” and before the word “responses” by inserting the words photographs or

Sixth:  In Sec. 7, 17 V.S.A. § 2891, by striking out subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows:

(2)  “Electioneering communication” does not mean disseminating a nonpartisan voter guide that qualifies as an exemption from the definition of “coordinated campaign expenditure made on the candidate’s behalf” under subdivision 2809(d)(3) of this title.

Seventh:  In Sec. 11, by striking out the following: “on August 1, 2008” and inserting in lieu thereof the following: upon passage

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, and recommendation of amendment was agreed to.

Thereupon, third reading of the bill was ordered, on a roll call Yeas 24, Nays 5.

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: Ayer, Bartlett, Campbell, Carris, Collins, 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, Illuzzi, Maynard, Mullin, Scott.

Those Senators absent and not voting was: Doyle.

Adjournment

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

 



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The Vermont General Assembly
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Montpelier, Vermont


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