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Journal of the Senate

________________

Thursday, February 14, 2008

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

Devotional Exercises

Devotional exercises were conducted by the Reverend Nancy McHugh of Waitsfield.

Bill Referred to Committee on Appropriations

S. 357.

Senate Committee 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 domestic violence.

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. 52.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 15, 2008, it be to meet again no later than Tuesday, February 19, 2008.

Senate Resolution Adopted

S.R. 22.

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

   By Senator Racine,

     S.R. 22.  Senate resolution designating February 14, 2008, as Wear Red Day.

Whereas, diseases of the heart are the nation’s leading cause of death, and stroke is the third leading cause of death, and

Whereas, cardiovascular diseases (CVD) claim the lives of hundreds of thousands of Americans each year, and

Whereas, each year, 53 percent of all cardiovascular disease deaths occur in females, as compared to 47 percent in men, and about 32,500 more females than males die from strokes, and

Whereas, in 2008, the direct and indirect cost of cardiovascular diseases in the United States, including stroke, is estimated to be $448.5 billion, and

Whereas, more women die of heart disease, stroke and all other cardiovascular diseases than of the next five leading causes of death combined, including all cancers, and

Whereas, only 21 percent of women consider cardiovascular disease their greatest health risk, and

Whereas, Go Red For Women is the American Heart Association’s national call to increase awareness about heart disease and to inspire women to take charge of their heart health, and

Whereas, the members of the General Assembly have learned from the recent illnesses of several legislative colleagues that all women and men should learn their own personal risks for heart disease, using tools such as the American Heart Association’s Go Red For Women Heart Check Up and by talking to their health care providers, now therefore be it

Resolved by the Senate of the State of Vermont:

That February 14, 2008, be designated as Wear Red Day, and all legislators are urged to show their support for the fight against heart disease in commemorating this day by wearing the color red and by increasing public awareness and empowering women and men to reduce their risk for cardiovascular disease in order to save thousands of lives each year, and be it further 

Resolved:  That the Secretary of the Senate be directed to send a copy of this resolution to Nicole Lukas at the Vermont Founders Affiliate of the American Heart Association-American Stroke Association.

Message from the Governor

Appointments Referred

     A message was received from the Governor, by Dennise R. Casey, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated:

     Jeffrey Salvador of Worcester - Member of the Fish and Wildlife Board, - from February 12, 2008, to February 28, 2013.

     To the Committee on Natural Resources and Energy.

     Henry Chauncey, Jr. of Shelburne - Member of the Public Oversight Commission, - from January 29, 2008, to February 29, 2008.

     To the Committee on Health and Welfare.

     Henry Chauncey, Jr. of Shelburne - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

Consideration Postponed

S. 358.

Senate bill entitled:

An act relating to enhanced driver licenses.

Was taken up.

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

Consideration Postponed

S. 200.

Senator Campbell, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to establishing a construction trust fund.

Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  9 V.S.A. § 4005a is added to read:

§ 4005a.  FUND HELD IN TRUST; COMMINGLING; NO EFFECT ON

TITLE TO REAL PROPERTY

(a)  For the purposes of this section:

(1)  “Claim” means any valid claim for materials furnished or services rendered in the construction, repair, remodeling, improvement, or renovation of any building or structure for which the claimant has a lien or the right to claim a lien.

(2)  “Express trust” means funds that have been paid by an owner, for or in connection with services, labor, or materials used in an improvement of real property, which are to be held by a contractor or subcontractor, in express trust, for those services, labor, or materials.  Any such contractor or subcontractor who accepts money from any owner or contractor shall become the trustee of the express trust that is created pursuant to this section.  The amounts received by such contractor or subcontractor under or in connection with each building project shall be a separate trust and the contractor or subcontractor, or any successor or assign or both of such contractor or subcontractor that hold such trust funds, shall be a trustee thereof.  These funds are not required to be held in any separate account by a contractor or subcontractor.  Such trust shall be effective against and shall have priority over any unsecured interest of a party seeking payment from such contractor or subcontractor for claims other than those that are due and owing by reason of the specific building project for which the trust was created, whether such creditors are foreign attachment or other judicial lien creditors, a trustee in bankruptcy or similar creditors or representatives or creditors of the contractor or subcontractor.

(b)  Funds held in express trust are not required to be held in any separate account by a contractor or subcontractor.

(c)  No express trust shall be required for a federal, state, or municipal project.

(d)  The amount payable to any contractor or subcontractor under any contract for the construction, repair, remodeling, improvement, or renovation of any building or structure shall, upon receipt by such contractor or subcontractor, be held in express trust by such contractor or subcontractor for the payment of all claims that are due and owing, or to become due and owing, by such contractor or subcontractor by reason of such construction, repair, remodeling, improvement, or renovation.

(e)  Any amount required to be held in express trust under this section shall be applied to the payment of the corresponding claims specified in this section.

(f)  Nothing herein shall be construed to create a lien on real property.  The existence of an express trust under this section shall not prohibit the filing or enforcement of a lien against the affected real property pursuant to chapter 51 of Title 9 by any claimant.  A priority lien of a secured lender shall not be subordinate to an express trust.

(g)  In the case of an express trust which is not held by a corporation, limited liability partnership, or limited liability company, liability for sums due under this section shall only attach to the principal or head of the company which holds the funds under the express trust.

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 pending the question, Shall the bill be amended as recommended by the Committee on Judiciary?, on motion of Senator Sears consideration was postponed until the next legislative day.

Bill Passed

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

S. 232.

An act relating to mobile polling stations.

Bill Passed

S. 238.

Senate bill entitled:

An act relating to penalties for possession or sale of marijuana.

Was taken up.

Thereupon, pending third reading of the bill, Senator Coppenrath moved to amend the bill in Sec. 1, 18 V.S.A. §4230(a)(1)(A), in the second sentence, after the words “first or second offense” by striking out the word “shall” and inserting in lieu thereof the word may

Which was disagreed to.

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

Consideration Postponed

S. 340.

Senate bill entitled:

An act relating to mammography patient  cost containment.

Was taken up.

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

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