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Journal of the Senate

________________

Thursday, March 13, 2008

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

Devotional Exercises

Devotional exercises were conducted by the Reverend Melvin Bridge of Ryegate.

Bill Referred to Committee on Finance

S. 229.

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 access to public records.

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. 56.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, March 14, 2008, it be to meet again no later than Tuesday, March 18, 2008.

Rules Suspended; Committee Relieved of Further Consideration; Bill Committed

S. 15.

On motion of Senator Collins, the rules were suspended, and S. 15 was taken up for immediate consideration, for the purpose of relieving the Committee on Finance from further consideration of the bill. Thereupon, on motion of Senator Collins, the Committee on Finance was relieved of Senate bill entitled:

An act relating to removal of tuition costs from the excess spending penalty of Act 60,

and the bill was committed to the Committee on Education.

Bills Passed

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

S. 89.

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

S. 210.

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

Bill Passed

S. 364.

Senate bill entitled:

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

Was taken up.

Thereupon, pending third reading of the bill, Senator Coppenrath moved to amend the bill in Sec. 1(a), in the second sentence by striking out the word “life” and inserting in lieu thereof the word license and by striking out the words “40-year design” and inserting in lieu thereof the words original 40-year license

Which was disagreed to on a roll call, Yeas 2, Nays 25.

Senator Coppenrath having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Coppenrath, Starr.

Those Senators who voted in the negative were: Ayer, Bartlett, Campbell, Carris, Collins, Condos, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, MacDonald, Maynard, Mazza, McCormack, Mullin, Nitka, Racine, Scott, Sears, Snelling, White.

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

Thereupon, the bill was read the third time and pending the question, Shall the bill pass?, Senator Starr moved that the Senate postpone action on the bill until April 4, 2008, which was disagreed to on a roll call, Yeas 6, Nays 20.

Senator Starr having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Coppenrath, Doyle, Maynard, Scott, Snelling, Starr.

Those Senators who voted in the negative were: Ayer, Bartlett, Campbell, Carris, Collins, Condos, Cummings, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, MacDonald, Mazza, McCormack, Nitka, Racine, Sears, White.

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

Thereupon, the pending question, Shall the bill pass?, was decided in the affirmative.

Bill Amended; Third Reading Ordered

S. 168.

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

An act relating to operating a motor vehicle under the influence of alcohol or drugs.

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

Sec. 1.  23 V.S.A. § 1200 is amended to read:

§ 1200.  DEFINITIONS

As used in this subchapter,:

* * *

(2)  “Drug” means:

(A)  a regulated drug as defined in section 4201 of Title 18; or

(B)  any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person as to noticeably and appreciably impair the person’s ability to safely drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties, using reasonable care, would drive a similar vehicle under like conditions.

* * *

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.

Consideration Postponed

S. 357.

Senate bill entitled:

An act relating to domestic violence.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until tomorrow.

Adjournment

On motion of Senator Mazza, the Senate adjourned until eleven o’clock in the morning.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us