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Journal of the Senate

________________

Wednesday, January 23, 2008

The Senate was called to order by the President pro tempore.

Devotional Exercises

Devotional exercises were conducted by the Reverend Mary Mansfield of Middlesex.

Proposed Amendment to the Constitution Introduced

The Proposed Amendment to the Constitution of the State of Vermont designated as Proposal 6 was introduced, read the first time and referred:

     By Senator White,

PROPOSAL 6

Sec. 1.  PURPOSE

This proposal would amend the Constitution of the state of Vermont to allow the General Assembly to establish requirements for the election of Governor, Lieutenant‑Governor, Treasurer, Secretary of State, and Auditor of Accounts.

Sec. 2.  Section 47 of Chapter II of the Vermont Constitution is amended to read:

§ 47.  [Election of governor, lieutenant-governor and treasurer]

The voters of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in cast their votes for Governor, with the name fairly written, to the Constable, who shall seal them up, and write on them, Votes for Governor, and deliver them to the Representatives chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Senate and House of Representatives, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for Governor, and declare the person who has the major part of the votes, to be Governor for the two years ensuing and the Legislature shall carry this provision into effect by appropriate legislation.  The Lieutenant-Governor and the Treasurer shall be chosen in the manner above directed.

The votes for Governor, Lieutenant-Governor, and Treasurer, of the State, shall be sorted and counted, and the result declared, by a committee appointed by the Senate and House of Representatives.

If, at any time, there shall be no election, of Governor, Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office, not filled as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.

Sec. 3.  EFFECTIVE DATE

Once ratified and adopted by the people of this state in accordance with the provisions of chapter 32 of Title 17, the provisions of this amendment shall become a part of the Constitution of the state of Vermont as of the first Tuesday next after the first Monday of November 2012.

To the Committee on Government Operations.

Committee Bill Introduced

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. 351.

By the Committee on Government Operations,

An act relating to consolidating management of public records.

Joint Resolutions Placed on Calendar

J.R.S. 45.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

   By Senator Shumlin,

     J.R.S. 45.  Joint resolution providing for a Joint Assembly for the election of two legislative Trustees of the Vermont State Colleges Corporation.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, February 21, 2008, at ten o’clock and thirty minutes in the forenoon to elect two legislative Trustees of the Vermont State Colleges Corporation to serve a four year term commencing March 1, 2008, and expiring on March 1, 2012.  In case election of all such Trustees shall not be made on that day, the two Houses shall meet in Joint Assembly at ten o’clock and thirty minutes in the forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such Trustees are elected.

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

J.R.S. 46.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

   By Senator Shumlin,

     J.R.S. 46.  Joint resolution establishing a procedure for the conduct of the election of two legislative trustees of the Vermont State Colleges Corporation by plurality vote by the General Assembly in 2008.

Whereas, in recent years it has become increasingly necessary to shorten the length of time spent by the General Assembly in joint session for the election of various officials, and

Whereas, if elections for multiple vacancies were to be decided by a plurality vote, then a great savings of time can be effectuated, now therefore be it

Resolved by the Senate and House of Representatives:

That, notwithstanding the current provisions of Joint Rule 10, and for this election only, the election of two legislative trustees of the Vermont State Colleges Corporation at a Joint Assembly to be held on February 21, 2008, shall be governed by the following procedure:

(1)  All candidates for the office of Trustee shall be voted upon and decided on the same ballot; members may vote for any number of candidates up to and including the maximum number of vacancies to be filled, which in this case shall be two.

(2)  The two candidates receiving the greater number of votes shall be declared elected to fill the two vacancies.

(3)  In the event that the first balloting for the Trustee vacancies results in a tie vote for one or more of the two vacant positions, then voting shall continue on successive ballots until the vacancies have been filled, again by election declared of the two candidates receiving the greater number of votes.

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


Bill Passed

Senate bill of the following title was read the third time and passed:

S. 213.

An act relating to the designation of a portion of state highways in the town of Manchester as class 1 town highways.

Third Reading Ordered

H. 550.

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

An act relating to approval of amendments to the charter of the city of South Burlington regarding voter approval of city and school district budgets.

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.

Adjournment

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



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us