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Journal of the Senate

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Friday, February 15, 2008

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Michael Fonner of Montpelier.

Message from the House No. 19

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

Mr. President:

I am directed to inform the Senate the House has passed a bill of the following title:

H. 458.  An act relating to digital corporate transactions.

In the passage of which the concurrence of the Senate is requested.

Message from the House No. 20

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

Mr. President:

I am directed to inform the Senate the House has considered Senate bills of the following titles:

S. 209.  An act relating to the Vermont energy efficiency and affordability act.

S. 278.  An act relating to financing campaigns.

S. 355.  An act relating to debt financing for the Vermont Housing Finance Agency.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the Senate is requested.

The House has considered joint resolutions originating in the Senate of the following titles:

J.R.S. 49.  Joint resolution relating to the collection of United States census data in Vermont.

J.R.S. 52.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

     The House has adopted concurrent resolutions of the following titles:

     H.C.R. 211.  Concurrent resolution honoring Donna Hogan of Rutland for her leadership roles at the Vermont Grocers’ Association and in her community.

     H.C.R. 212.  Concurrent resolution in memory of Benjamin T. Carr.

In the adoption of which the concurrence of the Senate is requested.

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

     S.C.R. 32.  Concurrent resolution in memory of Daniel G. Bonfigli of Essex.

And has adopted the same in concurrence.

Pages Honored

In appreciation of their many services to the members of the General Assembly, the President and President pro tempore recognized the following-named pages who are completing their services today and presented them with commemorative posters:

                                          Kelsey Bean of Essex Junction

                                          James Donahue of Northfield

                                          Evan Hollar of Montpelier

                                          Alyssa Johnson-Kurts of Worcester/Middlesex

                                          Theresa Kehne of Calais

                                          Will Kunin of South Burlington

                                          Sarah Levine of Westminster

                                          Trisha Morley of Barton

                                          Georgia Parke of Stowe

                                          Mikayla Peront of Bethel


Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

S. 361.

By Senators Shumlin, Ayer, Campbell, Carris, Collins, Condos, Cummings, Flanagan, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Miller, Nitka, Racine and White,

An act relating to authority to lease the state lottery.

To the Committee on Economic Development, Housing and General Affairs.

S. 362.

By Senators Shumlin, Bartlett, Condos, Cummings, Lyons, MacDonald, McCormack, Miller, Racine and White,

An act relating to the withdrawal of Vermont National Guard military forces from Iraq and the federal deployment of the National Guard.

To the Committee on Government Operations.

Bill Referred

House bill of the following title was read the first time and referred:

H. 458.

An act relating to digital corporate transactions.

To the Committee on Finance.

Bill Ordered to Lie

S. 358.

Senate bill entitled:

An act relating to enhanced driver licenses.

Was taken up.

Thereupon, pending the question Shall the bill be read the third time?, on motion of Senator Shumlin, the bill was ordered to lie.

Consideration Resumed; Bill Amended; Third Reading Ordered

S. 200.

Consideration was resumed on Senate bill entitled:

An act relating to establishing a construction trust fund.

Thereupon, the pending question, Shall the bill be amended as recommended by the Committee on Judiciary?

Was agreed to.

Thereupon, the question, Shall the bill be read the third time?, was decided in the affirmative.

Bill Passed

Senate bill entitled:

S. 340.

An act relating to mammography patient cost containment.

Was taken up.

Thereupon, the bill was read the third time and passed on a roll call, Yeas 25, Nays 0.

Senator Campbell 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, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Kitchel, Kittell, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, White.

Those Senators who voted in the negative were: None.

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

Bill Amended; Third Reading Ordered

S. 227.

Senator Ayer, for the Committee on Finance, to which was referred Senate bill entitled:

An act relating to angel investors.

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

Sec. 1.  8 V.S.A. § 2201(c) is amended to read:

(c)  No license shall be required of:

* * *

(11)  nonprofit institutions of higher education, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, that make residential mortgage loans to their employees from their own funds; or

(12)  a seller who, pursuant to subdivision 2355(f)(1)(D) of Title 9, includes the amount paid or to be paid by the seller to discharge a security interest, lien interest, or lease interest on the traded-in motor vehicle in a motor vehicle retail installment sales contract, provided that the contract is purchased, assigned, or otherwise acquired by a sales finance company licensed pursuant to this title to purchase motor vehicle retail installment sales contracts or a bank; or

(13)  (A)  a person making an unsecured commercial loan, which loan is expressly subordinate to the prior payment of all senior indebtedness of the commercial borrower regardless of whether such senior indebtedness exists at the time of the loan or arises thereafter.  The loan may or may not include the right to convert all or a portion of the amount due on the loan to an equity interest in the commercial borrower.

(B)  For purposes of this subdivision (13), "senior indebtedness" means:

(i)  all indebtedness of the commercial borrower for money borrowed from banks, trust companies, credit unions, insurance companies, and licensed lenders, and any guarantee thereof; and

(ii)  any other indebtedness of the commercial borrower that the lender and the commercial borrower agree shall constitute senior indebtedness.  

Sec. 2.  EFFECTIVE DATE

This act shall take effect on 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, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

Proposal of Amendment; Third Reading Ordered

H. 580.

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

An act relating to terms of members of the Vermont tobacco evaluation and review board.

     Reported recommending that the Senate propose to the House to amend the bill by striking out Sec. 2 in its entirety and by renumbering Sec. 3 to be Sec. 2.

And that the bill ought to pass in concurrence with such proposal of amendment.

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

Proposal of Amendment; Third Reading Ordered

H. 750.

Senator Ayer, for the Committee on Finance, to which was referred House bill entitled:

An act relating to prescription drug pricing and information.

     Reported recommending that the Senate propose to the House to amend the bill in Sec. 7 by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b)  Notwithstanding the effective dates of this section and of No. 80 of the Acts of 2007, the provisions of Sec. 17 of No. 80 of the Acts of 2007 (adding 18 V.S.A. chapter 91, subchapter 3; prescription drug data confidentiality) and Sec. 21 of No. 80 of the Acts of 2007 (adding 9 V.S.A. § 2466a; consumer protection; prescription drugs) shall not be effective until July 1, 2009; except that the department of health and the office of professional regulation may, immediately upon passage, begin any necessary rulemaking, revision of forms, or other administrative actions necessary to implement the program established in 18 V.S.A. chapter 91, subchapter 3 on July 1, 2009.

And that the bill ought to pass in concurrence with such proposal of amendment.

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

Rules Suspended; Committee Relieved of Further Consideration; Bill Committed

S. 362.

On motion of Senator Shumlin, the rules were suspended, and S. 362 was taken up for immediate consideration, for the purpose of relieving the Committee on Government Operations from further consideration of the bill. Thereupon, on motion of Senator Shumlin, the Committee on Government Operations was relieved of Senate bill entitled:

An act relating to the withdrawal of Vermont National Guard military forces from Iraq and the federal deployment of the National Guard.

and the bill was committed to the Committee on Economic Development, Housing and General Affairs.

Senate Concurrent Resolution

     The following joint concurrent resolution, having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, is hereby adopted on the part of the Senate:

By Senator Lyons,

S.C.R. 32.

Senate concurrent resolution in memory of Daniel G. Bonfigli of Essex.

     [The full text of the Senate concurrent resolution appeared in the Senate calendar addendum for Thursday, February 14, 2008, and, if adopted in concurrence by the House, will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-ninth biennial session of the Vermont General Assembly.]

House Concurrent Resolutions

     The following joint concurrent resolutions having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence:

H.C.R. 211

House concurrent resolution honoring Donna Hogan of Rutland for her leadership roles at the Vermont Grocers’ Association and in her community

Offered by:  Representative Courcelle and others

H.C.R. 212

House concurrent resolution in memory of Benjamin T. Carr

Offered by:  Representative Donahue and Grad

Offered by:  Senators Cummings, Doyle and Scott

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, February 14, 2008, and will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-ninth biennial session of the Vermont General Assembly.]

Adjournment

On motion of Senator Shumlin, the Senate adjourned, to reconvene on Tuesday, February 19, 2008, at ten o’clock in the forenoon pursuant to J.R.S. 52.

 

 



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