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Journal of the Senate

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Friday, February 22, 2008

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

Devotional Exercises

Devotional exercises were conducted by the Reverend David Hall of Montpelier.

Message from the House No. 23

     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 Governor has informed the House of Representatives that on the twenty-first day of February, 2008, he approved and signed a bill originating in the House of the following title:

H. 665.  An act relating to political party state committee membership.

Message from the House No. 24

     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 bills of the following titles:

     H. 560.  An act relating to elimination of the offender work programs board.

     H. 788.  An act relating to awarding moose permits to Vermont veterans of Afghanistan and Iraq.

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

The House has considered Senate proposal of amendment to House bill of the following title:

H. 93.  An act relating to beer producers’ interest in retail liquor licenses.

And has not concurred therein and requests the Senate recede from its proposal of amendment.

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

J.R.S. 53.  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. 213.  Concurrent resolution commemorating the 4706 Asian American Lunar Year celebration in Rochester.

     H.C.R. 214.  Concurrent resolution congratulating the Chester Innkeepers Association for requiring Green Hotel in the Green Mountain State designation.

     H.C.R. 215.  Concurrent resolution congratulating Isabelle Briggs, Etta Dean, and Mabel Ward on their half-century of civic service as members of the Cavendish Firemen’s Auxiliary.

     H.C.R. 216.  Concurrent resolution honoring Paul Normandeau on his civic contributions to the town of Dummerston.

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

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

     S.C.R. 33.  Concurrent resolution congratulating Dente's Market in Barre City on its centennial anniversary.

Bill Referred to Committee on Finance

S. 246.

Senate bill of the following title, appearing on the Calendar for notice, and affecting the revenue of the state, under the rule was referred to the Committee on Finance:

An act relating to electronic access to criminal and family court records.

Bills Referred

House bills of the following titles was severally read the first time and referred:

H. 560.

An act relating to elimination of the offender work programs board.

To the Committee on Institutions.


H. 788.

An act relating to awarding moose permits to Vermont veterans of Afghanistan and Iraq.

To the Committee on Natural Resources and Energy.

Joint Resolution Placed on Calendar

J.R.S. 54.

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

   By Senators Sears and Bartlett,

     J.R.S. 54.  Joint resolution urging Congress to reauthorize the Debbie Smith DNA backlog grant program at current or increased funding levels.

Whereas, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system, but it is not yet considered a routine tool for law enforcement to use for criminal identification, and

Whereas, nationwide, over 50,000 law enforcement investigations have benefited from DNA matches made through the Federal Bureau of Investigations Combined DNA Index System (CODIS) bringing justice to victims and removing criminals from the streets, and

Whereas, the “Innocence Project” has used DNA in over 200 cases to exonerate persons who were wrongly convicted of crimes, and

Whereas, in 2008, Vermont and other states now have access to the DNA identity materials of many more convicted felons and arrested individuals, and this increased information assists the states’ efforts to solve unsolved crimes, and

Whereas, the demand for DNA testing in criminal investigations of both violent and nonviolent crimes increases as the DNA testing technology improves, and

Whereas, many laboratories still maintain DNA backlogs of six months or longer and are unable to meet the growing demand for DNA testing despite funding commitments from state and local governments, and

Whereas, the federal Debbie Smith DNA backlog grant program has permitted state and local governments an opportunity to begin to maximize the full potential of forensic DNA through backlog reduction, but much work remains to be done, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly strongly urges Congress to reauthorize the Debbie Smith DNA backlog grant program at current or increased funding levels, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to Speaker of the House Nancy Pelosi, to United States Senator Harry Reid, to United States Senator Mitch McConnell, and to the Vermont Congressional delegation.

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

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:

     William J. Pettengill of Guildford - Member of the Connecticut River Valley Flood Control Commission, - from March 1, 2008, to February 28, 2014.

     To the Committee on Natural Resources and Energy.

     Sandra Kuehn of Fair Haven - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from March 1, 2008, to February 28, 2011.

     To the Committee on Natural Resources and Energy.

     Lori Fisher of Williston - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from March 1, 2008, to February 28, 2011.

     To the Committee on Natural Resources and Energy.

     Eric Clifford of Starksboro - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from March 1, 2008, to February 28, 2011.

     To the Committee on Natural Resources and Energy.

     Elizabeth G. Kennett of Rochester - Member of the Travel Information Council, - from March 1, 2008, to February 28, 2010.

     To the Committee on Transportation.


     Susan Davis of Shelburne - Member of the Travel Information Council, - from March 1, 2008, to February 28, 2010.

     To the Committee on Transportation.

     Joseph Sutton of East Middlebury - Member of the Travel Information Council, - from March 1, 2008, to February 28, 2010.

     To the Committee on Transportation.

     Francis Heald of Rutland- Member of the Travel Information Council, - from March 1, 2008, to February 28, 2010.

     To the Committee on Transportation.

     Cory Richardson of East Montpelier - Member of the Vermont State Housing Authority, - from March 1, 2008, to February 28, 2013.

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

     Fred V. Peet of South Burlington - Member of the Vermont State Housing Authority, - from March 1, 2008, to February 28, 2013.

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

     Caryn Feinberg of Shelburne - Member of the Vermont State Housing Authority, - from March 1, 2008, to February 28, 2013.

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

     Frank Mazur of South Burlington - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Henry Holmes of Bethel - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     John M. Lindley III of Montpelier - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Eileen Dickinson of St. Albans - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Gregory B. Peters of Shelburne - Member of the Public Oversight Commission, - from March 1, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Dean George of Middlebury - Member of the Parole Board, - from March 1, 2008, to February 28, 2011.

     To the Committee on Institutions.

     Richard G. Grassi of White River Junction - Member of the Parole Board, - from March 1, 2008, to February 28, 2011.

     To the Committee on Institutions.

     Donald R. Vickers of Georgia - Member of the Human Rights Commission, - from February 15, 2008, to February 28, 2011.

     To the Committee on Judiciary.

Bill Amended; Third Reading Ordered

S. 358.

Senate bill entitled:

An act relating to enhanced driver licenses.

Having been called up, was taken up.

Thereupon, pending the question, Shall the bill be read a third time?, Senator Sears, on behalf of the Committee on Judiciary, moved to amend the bill in Sec. 3, by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b)  In addition to any other requirement of law or rule, before an enhanced license may be issued to a person, the person shall present for inspection and copying satisfactory documentary evidence to determine identity and United States citizenship.  An application shall be accompanied by:  a photo identity document, documentation showing the person’s date and place of birth, proof of the person’s Social Security number, and documentation showing the person’s principal residence address.  To be issued, an enhanced license must meet the same requirements as those for the issuance of a United States passport.  Before an application may be processed, the documents and information shall be verified as determined by the commissioner.

Which was agreed to.

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


Bills Passed

Senate bills of the following titles were severally read the third time and passed:

S. 146.

An act relating to advertising and producing musical performances.

S. 220.

An act relating to the confidentiality of library patron records.

Consideration Postponed

S. 209.

Senate bill entitled:

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

Was taken up.

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

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 Senators Doyle, Cummings, Illuzzi and Scott,

     By Representative Koch and others,

S.C.R. 33.

Senate concurrent resolution congratulating Dente's Market in Barre City on its centennial anniversary.

     [The full text of the Senate concurrent resolution appeared in the Senate calendar addendum for Thursday, February 21, 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. 213

House concurrent resolution commemorating the 4706 Asian American Lunar Year celebration in Rochester

Offered by:  Representative Haas

H.C.R. 214

House concurrent resolution congratulating the Chester Innkeepers Association for requiring Green Hotel in the Green Mountain State designation

Offered by:  Representative Pellett

H.C.R. 215

House concurrent resolution congratulating Isabelle Briggs, Etta Dean, and Mabel Ward on their half-century of civic service as members of the Cavendish Firemen’s Auxiliary

Offered by:  Representative Shand

Offered by:  Senators Campbell, McCormack and Nitka

H.C.R. 216

House concurrent resolution honoring Paul Normandeau on his civic contributions to the town of Dummerston

Offered by:  Representative Mrowicki and others

Offered by:  Senators Shumlin and White

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, February 21, 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 Mazza, the Senate adjourned, to reconvene on Tuesday, February 26, 2008, at ten o’clock in the forenoon pursuant to J.R.S. 53.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us