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Journal of the Senate

________________

Friday, April 11, 2008

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Ward Wilson of Wells River.

Message from the House No. 48

     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. 230.  An act relating to legislative appointments to the Human Rights Commission.

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. 338.  An act relating to state purchasing of apparel, footwear or textiles.

And has concurred therein.

Message from the House No. 49

     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. 690.  An act relating to Vermont milk commission.

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

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

S. 222.  An act relating to the safe haven exception to the crime of abandonment.

And has passed the same in concurrence.

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

J.R.S. 62.  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. 265.  Concurrent resolution congratulating Sam’s Outdoor Outfitters on the retailer’s 75th anniversary.

     H.C.R. 266.  Concurrent resolution honoring Kermit and Margaret Richardson for their dedication as citizen public servants in the town of Orange.

     H.C.R. 267.  Concurrent resolution congratulating the Basin Harbor Club on its receipt of a 2008 Vermont Centennial Business Award.

     H.C.R. 268.  Concurrent resolution congratulating the 2008 Windsor High School Yellow Jackets Division II boys’ basketball championship team.

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

     The House has considered concurrent resolutions originating in the Senate of the following titles:

     S.C.R. 42.  Concurrent resolution recognizing Vermont Uniform Law Commissioner Carl Lisman for his continuing assistance to the general assembly.

     S.C.R. 43.  Concurrent resolution congratulating the Bethany Church-United Church of Christ of Montpelier on its bicentennial anniversary.

     S.C.R. 44.  Concurrent resolution honoring Margaret Trautz for her exemplary career contributions to the advancement of public policy in the areas of education, health and social welfare.

And has adopted the same in concurrence.

Bill Referred to Committee on Appropriations

H. 865.

House 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 Vermont milk commission.

Bill Called Up

S. 278.

Senate bill of the following title was called up by Senator Mazza, and, under the rule, placed on the Calendar for action the next legislative day:

An act relating to financing campaigns.

Bills Referred

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

H. 230.

An act relating to legislative appointments to the Human Rights Commission.

To the Committee on Government Operations.

H. 690.

An act relating to Vermont milk commission.

To the Committee on Agriculture.

Message from the Governor

Appointment Referred

     A message was received from the Governor, by Dennise R. Casey, Secretary of Civil and Military Affairs, submitting the following appointment, which was referred to a committee as indicated:

     Janice E. Ryan of South Burlington - Member of the Board of Medical Practice, - from April 7, 2008, to December 31, 2008.

     To the Committee on Health and Welfare.

Consideration Postponed

Senate bills entitled:

S. 369.

An act relating to recognition of tribes and bands of native Americans by the Vermont commission on native American affairs.

S. 45.

An act relating to the right to attend town meeting.

Were taken up.

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

S.R. 26.

Senate resolution entitled:

Senate resolution relating to expressing strong opposition to, and urging effective and immediate congressional action to stop, the government of the People's Republic of China's human rights violations in the geographic area known as Tibet.

Was taken up.

Thereupon, without objection consideration of the resolution was postponed until Wednesday, April 16, 2008.

Bill Passed in Concurrence with Proposals of Amendment; Rules Suspended; Bill Messaged

H. 775.

House bill of the following title was read the third time and passed in concurrence with proposals of amendment:

An act relating to low-profit limited liability companies.

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

Proposal of Amendment; Third Readings Ordered

H. 636.

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

An act relating to embezzlement by a public official.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  13 V.S.A. § 2537 is amended to read:

§ 2537.  PERSON HOLDING PROPERTY IN OFFICIAL CAPACITY OR BELONGING TO THE STATE OR A MUNICIPALITY

A state, county, town, or municipal officer or other person who in his or her official capacity receives, collects, controls, or holds money, obligations, or securities belonging to a corporation, public or private, or to a private person, or other property, who embezzles or fraudulently converts to his or her own use any of such money, obligations or, securities, or other property, or a person who embezzles or fraudulently converts to his or her own use, money or other property belonging to the state or to a county or municipality as defined in 1 V.S.A. § 126, or a municipal corporation, or a special purpose district, shall be guilty of larceny and shall be imprisoned not more than ten years or fined not more than $1,000.00, or both.

Sec. 2.  13 V.S.A. § 7554 is amended to read:

§ 7554.  RELEASE PRIOR TO TRIAL

(a)  Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at his or her appearance before a judicial officer be ordered released pending trial in accordance with this section.

* * *

(2)  If the judicial officer determines that conditions of release imposed to assure appearance will not reasonably protect the public, the judicial officer may in addition impose the least restrictive of the following conditions or the least restrictive combination of the following conditions which will reasonably assure protection of the public:

(A)  Place the person in the custody of a designated person or organization agreeing to supervise him or her.

(B)  Place restrictions on the travel, association, or place of abode of the person during the period of release.

(C)  Require the person to participate in an alcohol or drug treatment program.  The judicial officer shall take into consideration the defendant’s ability to comply with an order of treatment and the availability of treatment resources.

(D)  Impose any other condition found reasonably necessary to protect the public, except that a physically restrictive condition may only be imposed in extraordinary circumstances.

(E)  If the person is a state, county, or municipal officer charged with violating section 2537 of this title, the court may suspend the officer’s duties in whole or in part, if the court finds that it is necessary to protect the public.

* * *

Sec. 3.  32 V.S.A. § 167(b) is amended to read:

(b)  In connection with any of his or her duties, the auditor of accounts may administer oaths and may subpoena any person to appear before him or her. Such persons shall testify under oath and be subject to the penalties of perjury, and may be examined concerning any matter relating to the statutory duties of the auditor provided by section 163 of this title.  Nothing in this subsection shall limit a person’s fifth amendment rights against self‑incrimination.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

H. 862.

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

An act relating to approval of amendments to the charter of the village of Waterbury.

Reported recommending that the Senate propose to the House to amend the bill in Sec. 5 by striking out the following: “upon passage” and inserting in lieu thereof the following: January 1, 2009

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

H. 883.

Senator Coppenrath, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to miscellaneous amendments to Vermont’s public retirement systems.

     Reported recommending that the Senate propose to the House to amend the bill in Sec. 3, 3 V.S.A. § 495, by striking out subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

(d)  Upon becoming a member of the retirement system to which he or she has transferred, such person shall thereafter be eligible for such benefits or annuities as are provided by law in such retirement system, including the credits for previous service in the retirement system from which the person has transferred as provided in subsection (e) of this section.  The average final compensation used to calculate the benefit payable at retirement shall be determined by using the earnable compensation which affords the highest consecutive years of earnings under either the system from which or to which he or she transferred, provided, however, that if he or she retires on a retirement allowance in the system to which he or she transferred within five years after said transfer, the benefits or annuities payable with respect to the service credit in the system from which he or she transferred shall not be greater than those which would have been payable with respect to such service had he or she remained in said system.  Except for the determination of the average final compensation as set forth in this subsection, the benefits for a member who transferred from one retirement system to another shall be calculated as follows:

(1)  a member who transfers after July 1, 2007 and before June 30, 2008 shall have the option to have the service from the first system calculated according to the provisions of either the first or the second system at the time of retirement;

(2)  a member who transfers on or before June 30, 2007 or on or after July 1, 2008 shall have his or her benefits calculated according to the provisions of the system or systems under which the benefits were accrued;

(3)  when benefits calculated according to the provisions of two or more retirement systems are combined under this subsection, they may exceed the maximum percentage of average final compensation established for each plan.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Senate 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 on the part of the Senate:

     By Senators Condos, Racine and Cummings,

S.C.R. 42.

Senate concurrent resolution recognizing Vermont Uniform Law Commissioner Carl Lisman for his continuing assistance to the general assembly.


By Senators Doyle, Cummings and Scott,

S.C.R. 43.

Senate concurrent resolution congratulating the Bethany Church-United Church of Christ of Montpelier on its bicentennial anniversary.

   By Senators Kitchel and Coppenrath,

     By Representative French,

S.C.R. 44.

Senate concurrent resolution honoring Margaret Trautz for her exemplary career contributions to the advancement of public policy in the areas of education, health and social welfare.

By Senators Kitchel and Coppenrath,

By Representatives Bostic and Grenier,

S.C.R. 45.

Senate concurrent resolution congratulating Elwin Cross on being named the 2008 Northeast Kingdom Chamber of Commerce Citizen of the Year.

     [The full text of the Senate concurrent resolutions appeared in the Senate calendar addendum for Thursday, April 10, 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. 265

House concurrent resolution congratulating Sam’s Outdoor Outfitters on the retailer’s 75th anniversary

Offered by:  Representative Obuchowski and others

Offered by:  Senators Shumlin and White


H.C.R. 266

House concurrent resolution honoring Kermit and Margaret Richardson for their dedication as citizen public servants in the town of Orange

Offered by:  Representative Winters and Davis

Offered by:  Senators Coppenrath and Kitchel

H.C.R. 267

House concurrent resolution congratulating the Basin Harbor Club on its receipt of a 2008 Vermont Centennial Business Award

Offered by:  Representatives Clark and Oxholm

Offered by:  Senators Ayer and Giard

H.C.R. 268

House concurrent resolution congratulating the 2008 Windsor High School Yellow Jackets Division II boys’ basketball championship team

Offered by:  Representative Sweaney

Offered by:  Senators Campbell, McCormack and Nitka

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, April 10, 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, April 15, 2008, at twelve o’clock noon pursuant to J.R.S. 62.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us