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Journal of the Senate

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WEDNESday, February 27, 2008

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Message from the House No. 26

     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. 874.  An act relating to decomposed municipal budgets.

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

Request to House To Return Custody of Bill

     On motion of Senator Shumlin pursuant to Sec. 762.1 of Mason’s Manual of Legislative Procedure, the Senate requested the House to return custody of a bill of the following title:

H. 737.  An act relating to fiscal year 2008 budget adjustments.

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. 363.

By the Committee on Agriculture,

An act relating to workers’ compensation in agriculture.

Bill Referred

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

H. 874

     An act related to decomposed municipal budgets.

     To the Committee on Government Operations.

 

Consideration Resumed; Bill Amended; Third Reading Ordered

S. 226.

Consideration was resumed on Senate bill entitled:

An act relating to requiring the installation of smoke detectors.

Thereupon, pending the question, Shall the bill be amended as recommended by the Committee on Economic Development, Housing and General Affairs?, Senator Condos, on behalf of the Committee on Economic Development, Housing and General Affairs, moved that the recommendation of amendment be amended as follows:

First:  By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

Sec. 2.  9 V.S.A. § 2882(a) and (b) are amended to read:

(a)  A person who constructs a single-family dwelling shall install one or more photoelectric type only smoke detectors in the vicinity of any bedrooms and on each level of the dwelling, and one or more carbon monoxide detectors in the vicinity of any bedrooms in the dwelling in accordance with the manufacturer’s instructions.  In a dwelling provided with electrical power, detectors shall be powered by the electrical service in the building and by battery. 

(b)  A Any single-family dwelling when transferred by sale or exchange shall contain one or more photoelectric type only smoke detector detectors in the vicinity of any bedrooms and on each level of the dwelling installed in accordance with the manufacturer’s instructions and one or more carbon monoxide detectors powered by the electrical service in the building or by battery, or by a combination of both, and installed in accordance with the manufacturer’s instructions.  A single-family dwelling constructed before January 1, 1994 may contain smoke detectors powered by the electrical service in the building or by battery, or by a combination of both.  In a single‑family dwelling newly constructed after January 1, 1994 that is provided with electrical power, smoke detectors shall be powered by the electrical service in the building and by battery.  In a single-family dwelling newly constructed after July 1, 2005 that is provided with electrical power, carbon monoxide detectors shall be powered by the electrical service in the building and by battery.

Second:  In Sec. 3, 9 V.S.A. § 2883(a) and (b), after the two instances of “photoelectric type” by striking out the words “, not ionization or combination photoelectric/ionization type” in each instance and inserting in lieu thereof the word only

Third:  By striking out Sec. 5(b) in its entirety and inserting in lieu thereof a new Sec. 5(b) to read as follows:

(b)  In Sec. 2 of this act, 9 V.S.A. § 2882(a) shall apply to persons newly constructing a single family dwelling after July 1, 2008.

Fourth:  In Sec. 5, by adding a new subsection (d) to read as follows:

(d)  The requirement in this act for the installation of “photoelectric type only” smoke detectors does not prohibit the use of separately powered ionization or photoelectric/ionization combination smoke detectors.

Which was agreed to.

Thereupon, the question, Shall the bill be amended as recommended by the Committee on Economic Development, Housing and General Affairs, as amended?, was decided in the affirmative.

Thereupon, third reading of the bill was ordered.

Bill Passed

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

S. 361.

An act relating to authority to lease the state lottery.

Third Readings Ordered

S. 250.

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

An act relating to decreasing the amounts of cocaine and heroin required to be possessed to trigger drug trafficking penalties.

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.

S. 357.

Senate committee bill entitled:

An act relating to domestic violence.

Having appeared on the Calendar for notice for one day, was taken up.

Senator Cummings, for the Committee on Finance, to which the bill was referred, reported that the bill ought to pass.

Senator Sears, for the Committee on Appropriations, to which the bill was referred, 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.

Senate Recedes from Senate Proposals of Amendment

H. 93

     House bill entitled:

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

     Was taken up.

     The House has requested that the Senate recede from the Senate’s proposals of amendment.

     Thereupon, on motion of Senator Carris, the Senate agreed to recede from its proposals of amendment.

Message from the House No. 27

     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 that the House has passed a bill of the following title:

H. 664.  An act relating to unemployment insurance.

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

     Pursuant to the Senate request, the House has agreed to return to the custody of the Senate a bill originating in the House of the following title:

H. 737.  An act relating to fiscal year 2008 budget adjustments.

Adjournment

On motion of Senator Shumlin, 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