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Journal of the Senate

________________

Friday, March 14, 2008

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Nancy McHugh of Waitsfield.

Message from the House No. 34

     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. 112.  An act relating to protection of health care and public safety personnel from communicable disease.

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

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

J.R.H. 51.  Joint resolution supporting the Hanover High School Kids for a Cooler Planet reusable shopping bag campaign.

And has concurred therein.

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

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.

And has adopted the same in concurrence.

Message from the House No. 35

     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. 875.  An act relating to the sale of real property or transmissions facilities by certain regulated generators of electricity.

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

Message from the House No. 36

     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 adopted a joint resolution of the following title:

J.R.H.  54.  Joint resolution urging Congress to eliminate the Enron loophole regulatory exemption for energy and metal commodities traded on electronic commodities markets.

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

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

J.R.S. 56.  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. 227.  Concurrent resolution congratulating the Poultney High School Blue Devils Division III 2008 cheerleading champions.

     H.C.R. 228.  Concurrent resolution congratulating Howard Herrington on being named the 2007 Wal-Mart Vermont Teacher of the Year.

     H.C.R. 229.  Concurrent resolution in memory of former Representative Peter Martin of St. Albans Town.

     H.C.R. 230.  Concurrent resolution congratulating the Governor’s Institutes of Vermont on their 25th anniversary.

     H.C.R. 231.  Concurrent resolution congratulating the Girl Scout Council of Vermont’s 2007 Gold and Silver Award winners.

     H.C.R. 232.  Concurrent resolution honoring the Girl Scout Council of Vermont during Girl Scout Week.

     H.C.R. 233.  Concurrent resolution honoring the Federal TRIO Programs in Vermont.

     H.C.R. 234.  Concurrent resolution congratulating the 2008 BFA-St. Albans Comets girls’ Division I championship hockey team.

     H.C.R. 235.  Concurrent resolution in memory of former speaker of the house and lieutenant governor John Burgess of Brattleboro.

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

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 the next legislative day:

S. 366.

By the Committee on Government Operations,

An act relating to the administration of the voter’s oath of affirmation.

Bill Referred to Committee on Appropriations

S. 175.

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 voting for a supervisory union budget; voters.

Bill Referred to Committee on Finance

S. 324.

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 beer testing.

Bills Referred

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

H. 112.

An act relating to protection of health care and public safety personnel from communicable disease.

To the Committee on Health and Welfare.

H. 875.

An act relating to the sale of real property or transmissions facilities by certain regulated generators of electricity.

To the Committee on Finance.

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:

     Robert Darrow of Mendon - Member of the Current use Advisory Board, - from February 27, 2008, to January 31, 2011.

     To the Committee on Natural Resources and Energy.

     Randall Volk of Hinesburg - Member of the Current use Advisory Board, - from March 10, 2008, to January 31, 2010.

     To the Committee on Natural Resources and Energy.

     Joan Hungerford of St. Albans - Member of the Transportation Board, - from March 7, 2008, to February 28, 2010.

     To the Committee on Transportation.

     John Booth of Essex Junction - Member of the Transportation Board, - from March 7, 2008, to February 28, 2010.

     To the Committee on Transportation.

     Mary C. Marzee-Gerrior of Pittsford - Member of the Human Rights Commission, - from March 12, 2008, to February 28, 2013.

     To the Committee on Judiciary.

     Albert Pearce, Jr. of Richford - Member of the Community High School of Vermont Board, - from March 12, 2008, to February 28, 2011.

     To the Committee on Education.

     David E. Luce of Waterbury Center - Member of the Community High School of Vermont Board, - from March 12, 2008, to February 28, 2011.

     To the Committee on Education.

     Dwight A. Davis of East Burke - Member of the Community High School of Vermont Board, - from March 12, 2008, to February 28, 2011.

     To the Committee on Education.

Rules Suspended; Bill Amended; Third Reading Ordered; Rules Suspended; Bill Passed; Bill Messaged

S. 365.

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

An act relating to capital construction and state bonding.

Was taken up for immediate consideration.

Senator Bartlett, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the bill be read a third time?, Senator Scott, on behalf of the Committee on Institutions, moved to amend the bill as follows:

First:  In Sec. 12(c)(1), by striking out the following: “1,200,000” and inserting in lieu thereof the following: 1,000,000, and by inserting a new subdivision (4) to read as follows:

(4)  Engineering and technical assistance as part of the state share for pollution reduction projects under the Federal Environmental Quality Incentives Program:                                                                    325,000

Second:  In Sec. 12(e)(2), by striking out the following: “; provided that any easement acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be assigned or changed without the agreement of both parties

Third:  In Sec. 12, at the end of the section, by striking out the following: “$10,235,000)” and inserting in lieu thereof the following: $10,360,000)

Fourth:  In Sec. 16(1), by striking out the following: “1,800,000” and inserting in lieu thereof the following: 1,550,000, and by adding a new subdivision (5) to read as follows:

(5)  Engineering and technical assistance as part of the state share for pollution reduction projects under the Federal Environmental Quality Incentives Program:                                                                    325,000

Fifth:  In Sec. 16, at the end of the section, by striking out the following: “$2,500,000)” and inserting in lieu thereof the following:“$2,575,000)

     Sixth:  In Sec. 22(a), by adding two new subdivisions to be numbered (21) and (22) to read as follows:

(21)  of the amount appropriated by Sec. 11(c)(2) of No. 52 of the Acts of 2007 (stream stabilization grants):                     $125,000

(22)  of the amount appropriated by Sec. 15(a) of No. 52 of the Acts of 2007 (best management practices):                           $75,000

Seventh:  In Sec. 22, at the end of the section,  by striking out the following: “$3,410,445.97” and inserting in lieu thereof the following: $3,610,445.97

Eighth:  In Sec. 26(b), fourth sentence, by striking out the following: “for the Bennington state office building and Bennington district and family courts”  and inserting in lieu thereof the following: for Bennington state offices and for the Bennington district and family courts

Ninth:  In Sec. 31, before the words “It is the intent”, by inserting the following: (a), and at the end of the section by adding a new subsection (b) to read as follows:

(b)  It is the intent of the general assembly to continue with the use and operation of each existing county courthouse currently in use.

Tenth:  By striking out Sec. 39 in its entirety and inserting in lieu thereof a new Sec. 39 to read as follows:

Sec. 39.  FEDERAL ENVIRONMENTAL QUALITY INCENTIVES PROGRAM; MATCHING FUNDS; REALLOCATION

Currently more than $20,000,000 in Federal Environmental Quality Incentives Program (EQIP) pollution reduction funds are available to Vermont farmers to reduce manure runoff into rivers and streams.  This funding is available if the state can provide $750,000 in state assistance for this purpose. The amount of $650,000.00 of the state share has been provided through appropriations already made in this act in Secs. 12(c)(4) and 16(5), and it is the intent of the general assembly to appropriate $100,000 of required state matching funds in the appropriations act of 2008 for fiscal year 2009.  

Eleventh:  In Sec. 40, by striking out all after the second sentence and inserting in lieu thereof the following: Upon determination by the board that real estate is to be disposed of, the disposal shall be at fair market value, and proceeds shall be allocated to future capital appropriations.

Which was agreed to.

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

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage forthwith.

Thereupon, pending third reading of the bill, Senator Mullin moved to amend the bill by striking out Sec. 15(3), and by reducing the total appropriation accordingly.

Which was disagreed to.

Thereupon, the bill was read the third time and passed on a roll call, Yeas 28, Nays 0.

Senator Mullin 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, Coppenrath, Cummings, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: None.

Those Senators absent and  not voting were: Doyle, Maynard.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.

Bill Amended; Bill Passed; Rules Suspended; Bill Messaged

S. 357.

Senate bill entitled:

An act relating to domestic violence.

Was taken up.

Thereupon, pending third reading of the bill, Senator Sears, on behalf of the Committee on Judiciary, moved to amend the bill as follows:

First:  In Sec. 3, 12 V.S.A. §5133(d)(3), by striking out the words “being released from prison” and by inserting in lieu thereof the words currently incarcerated

Second:  In Sec. 12, 15 V.S.A. §668a, subdivision (e)(2), by striking out the last sentence and inserting in lieu thereof the following:  A hearing shall be held within ten days from the date on which the order was issued. In courts which do not regularly meet five days per week, the hearing shall be held within ten days, or as soon thereafter as is reasonably practicable.  Hearings may be conducted over the telephone or through the use of other electronic means, unless the court orders otherwise for good cause shown.

Third:  In Sec. 15, 15 V.S.A. §665a, subsection (a), after the words “the prior ten years” by inserting the following: or in a proceeding in which a child has been found to be in need of care and supervision pursuant to the provisions of Chapter 55 of Title 33,

Fourth:  In Sec. 24, 8 V.S.A. § 4080f(a)(9), by striking out subdivision (C) in its entirety and inserting in lieu thereof anew subdivision (C) to read as follows:

(C)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency with satisfactory documentation of the domestic violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(8). Information relating to the domestic violence, including the individual's statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form. In the event the agency is legally required to release this information without consent by the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

Fifth:  In Sec. 25, 33 V.S.A. § 1973(e)(3), by striking out subdivision (C) in its entirety and inserting in lieu thereof a new subdivision (C) to read as follows:

(C)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency with satisfactory documentation of the domestic violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(8). Information relating to the domestic violence, including the individual's statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form. In the event the agency is legally required to release this information without consent by the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

Which was agreed to.

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

Thereupon, on motion of Senator Shumlin, the rules were suspended, and the bill was ordered messaged to the House forthwith.

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. 227

House concurrent resolution congratulating the Poultney High School Blue Devils Division III 2008 cheerleading champions

Offered by:  Representative Donaghy

H.C.R. 228

House concurrent resolution congratulating Howard Herrington on being named the 2007 Wal-Mart Vermont teacher of the year

Offered by:  Representative Miller

H.C.R. 229

House concurrent resolution in memory of former Representative Peter Martin of St. Albans Town

Offered by:  Representative Howrigan and others

H.C.R. 230

House concurrent resolution congratulating the Governor’s Institutes of Vermont on their 25th anniversary

Offered by: Representatives Botzow and Heath

H.C.R. 231

House concurrent resolution congratulating the Girl Scout Council of Vermont’s 2007 gold and silver award winners

Offered by:  Representative Morrissey and others

H.C.R. 232

House concurrent resolution honoring the Girl Scout Council of Vermont during Girl Scout Week

Offered by:  Representative Morrissey


H.C.R. 233

House concurrent resolution honoring the Federal TRIO Programs in Vermont

Offered by:  Representative Fallar and others

H.C.R. 234

House concurrent resolution congratulating the 2008 BFA-St. Albans Comets girls’ Division I championship hockey team

Offered by:  Representative Keenan and others

Offered by:  Senators Collins and Kittell

H.C.R. 235

House concurrent resolution in memory of former speaker of the house and lieutenant governor John Burgess of Brattleboro

Offered by:  Representative Milkey and others

Offered by:  Senators White, Shumlin, Ayer, Bartlett, Campbell, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Snelling and Starr

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 13, 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, March 18, 2008, at ten o’clock in the forenoon pursuant to J.R.S. 56.

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us