Download this document in MS Word format


AutoFill Template

Journal of the Senate

________________

Wednesday, March 12, 2008

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

Devotional Exercises

Devotional exercises were conducted by the Reverend Mark Pitton of Montpelier.

Committee Bill Introduced; Rules Suspended; Bill Committed

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. 365.

By the Committee on Institution,

An act relating to capital construction and state bonding.

Thereupon, pending entry of the bill on the Calendar for notice tomorrow, on motion of Senator Mazza, the rules were suspended and the bill was taken up for immediate consideration.

Thereupon, pending second reading of the bill, on motion of Senator Mazza, the bill was committed to the Committee on Appropriations.

Rules Suspended; Bill Committed

S. 348.

On motion of Senator Bartlett, the rules were suspended and Senate bill entitled:

An act relating to education or workforce training for children between the ages of 16 and 18 years of age.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Education, Senator Bartlett moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Appropriations with the report of the Committee on Education intact,

Which was agreed to.


Bill Referred to Committee on Appropriations

S. 341.

Senate 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 registration of pet merchants.

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 Campbell,

J.R.S. 55.  Joint resolution providing for a Joint Assembly to vote on the retention of two Superior Judges, one Environmental Judge and three District Judges.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, March 20, 2008, at ten o’clock and thirty minutes in the forenoon to vote on the retention of two Superior Judges, one Environmental Judge and three District Judges.  In case the vote to retain said Judges 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 until the above is completed.

Rules Suspended; Third Reading Ordered

S. 364.

Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and Senate committee bill entitled:

An act relating to a comprehensive vertical audit and reliability assessment of the Vermont Yankee nuclear facility.

Was taken up for immediate consideration.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered on a roll call, Yeas 24, Nays 3.

Senator White 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, Collins, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, MacDonald, Mazza, McCormack, Miller, Nitka, Racine, Scott, Sears, Snelling, White.

Those Senators who voted in the negative were: Coppenrath*, Maynard, Starr.

Those Senators absent or not voting were: Lyons, Mullin, Shumlin (presiding).

     *Senator Coppenrath explained his vote as follows:

“I support a review of the safety of Vermont Yankee.  There are errors of fact in the bill that I will address with an amendment before third reading.”

Third Reading Ordered

S. 210.

Senator Doyle, for the Committee on Government Operations, to which was referred Senate bill entitled:

An act relating to the appointment of a town school district treasurer pending election at a special or annual meeting.

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.

Bill Passed

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

S. 246.

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

Bills Amended; Bills Passed

S. 247.

Senate bill entitled:

An act relating to scrap metal processors.

Was taken up.

Thereupon, pending third reading of the bill, Senator Carris moves to amend the bill as follows:

First:  In Sec. 1, 9 V.S.A., chapter 82, by striking out § 3023 in its entirety and inserting in lieu thereof a new §3023 to read as follows: 

§ 3023.  PENALTIES

(a)  A scrap metal processor who violates any provision of this chapter for the first time may be assessed a civil penalty not to exceed $1,000.00 for each transaction.

(b)  A scrap metal processor who violates any provision of this chapter for a second or subsequent time shall be fined not more than $25,000.00 for each transaction.

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

Sec. 2.  4 V.S.A. § 1102(b) is amended to read:

(b)  The judicial bureau shall have jurisdiction of the following matters:

* * *

(14)  Violations of 9 V.S.A. § 3023(a), relating to the purchase and sale of scrap metal.

Which was agreed to.

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

S. 336.

Senate bill entitled:

An act relating to juvenile judicial proceedings.

Was taken up.

Thereupon, pending third reading of the bill, Senator Kitchel moved to amend the bill in Sec. 2, 33 V.S.A. §§ 5235, by adding a new subsection (j), to read as follows:

(j)  In accordance with 13 V.S.A. § 5363, the restitution unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008, and the order was first entered on or after July 1, 2004.

Which was agreed to.

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


Third Reading Ordered

S. 89.

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

An act relating to permitting payment of rent into court pursuant to a commercial lease.

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.

Rules Suspended; Bill Ordered to Lie

S. 344.

Appearing on the Calendar for notice, on motion of Senator Sears, the rules were suspended and Senate bill entitled:

An act relating to internet and mail order sales of tobacco products.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Economic Development, Housing and General Affairs, Senator Sears moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Judiciary with the report of the Committee on Economic Development, Housing and General Affairs intact,

Thereupon, pending the question, Shall the bill be committed to the Committee on Judiciary, intact?, Senator Racine moved that the bill be ordered to lie.

Thereupon, pending the question, Shall the bill be ordered to lie?, Senator Sears moved that the rules be suspended and that the motion be made debatable.

Which was agreed to.

Thereupon, the pending question, Shall the bill be ordered to lie?, was decided in the affirmative.

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