VT Journal of the Senate

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Thursday, May 6, 2004

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Bill Referred to Committee on Finance

House 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:

H. 609.

An act relating to the licensure of respiratory car practitioners.

Recess

On motion of Senator Welch the Senate recessed until 2:45 P.M.

Called to Order

At 2:50 P.M. the Senate was called to order by the President.

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 Welch,

    J.R.S. 64.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, May 7, 2004, it be to meet again no later than Tuesday, May 11, 2004.

Rules Suspended; Bill Messaged

On motion of Senator Welch, the rules were suspended, and the following bill was ordered messaged to the House forthwith:

H. 632.


Consideration Postponed

S. 42.

Senate bill entitled:

An act relating to creating an office of land recycling, and otherwise revising the brownfields reclamation program.

Was taken up.

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

Bill Passed

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

S. 207.

An act relating to survivors of search and rescue workers.

Message from the House No. 67

    A message was received from the House of Representatives by Mr. MaGill, its First Assistant Clerk, as follows:

Mr. President:

    I am directed to inform the Senate the House has considered Senate proposal of amendment to House bill of the following title:

    H. 735. An act relating to improving availability of home and community based care services.

And has concurred therein.

The House has adopted a Joint Resolution of the following title:

J.R.H. 64.  Joint resolution authorizing the 2004 Girls’ State to use the State House.

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

The Governor has informed the House of Representatives that on the sixth  day of May, 2004, he approved and signed bills originating in the House of the following titles:

H. 747.  An act relating to removal and replacement of trustees upon petition by a beneficiary or co-trustees  and to secondary notice of life  insurance cancellations.

H. 756.  An act relating to miscellaneous changes to education law.

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

S. 154.  An act to provide whistleblower protection for hospital employees.

And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.

Rules Suspended; Third Readings Ordered, Rules Suspended; Bills Passed in Concurrence

H. 516.

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

An act relating to a prohibition against the use and sale of lead sinkers.

Was taken up for immediate consideration.

Senator Lyons, for the Committee on Natural Resources and Energy, to which the bill was referred, reported that the bill ought to pass in concurrence.

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

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

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

H. 629.

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

An act relating to bullying prevention policies.

Was taken up for immediate consideration.

Senator Miller, for the Committee on Education, to which the bill was referred, reported that the bill ought to pass in concurrence.

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

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

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


Rules Suspended; Third Reading Ordered, Rules Suspended; Joint Resolution Adopted in Concurrence

J.R.H. 42.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and joint House resolution entitled:

Joint resolution recognizing the governor’s effort to minimize the health risk of any tire-burning activity at the Ticonderoga, New York International Paper Company.

Was taken up for immediate consideration.

Senator Lyons, for the Committee on Natural Resources and Energy, to which the joint resolution was referred, reported that the joint resolution ought to be adopted in concurrence.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Welch, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence.

Thereupon, the joint resolution was read the third time and adopted in concurrence.

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

H. 364.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and the report of the Committee of Conference on House bill entitled:

An act relating to amendment of the Northeast Kingdom Waste Management District Charter.

Was taken up for immediate consideration.

Senator Condos, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:

H. 364.  An act relating to amendment of the Northeast Kingdom Waste Management District Charter.

    Respectfully reports that it has met and considered the same and recommends the Senate recede from its proposal of amendment and that the bill be further amended in Sec. 2, § 203 of No. M-13 of the Acts of the 1991 Session, as amended by M-4 of the Acts of the 1993 Session, by striking out subsection “a.” in its entirety and inserting in lieu thereof a new subsection a. to read as follows:

a.  Each member municipality shall be entitled to be represented by at least one district Supervisor for each 2,500 people, or portion thereof, residing in the municipality, except that unorganized towns, gores, and grants shall be considered as a single municipality and represented by one supervisor and alternate.  Municipalities with populations in excess of 1,500 people shall be entitled to be represented by one Supervisor for every 1,500 people or major portion thereof.  The population of each member municipality shall, for the purposes hereof, be determined by the latest available population estimates published by the State of Vermont Department of Health.

                                                          JAMES C. CONDOS

                                                          JEANETTE K. WHITE

                                                          MARK I. SHEPARD

                                                    Committee on the part of the Senate

                                                          ERNEST W. SHAND

                                                          WILLIAM F. JOHNSON

                                                          PATRICK M. BRENNAN

                                                    Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Rules Suspended; Third Reading Ordered

H. 780.

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

An act relating to the insurance problems facing the agricultural industry of Vermont.

Was taken up for immediate consideration.

Senator Dunne, for the Committee on Agriculture, to which the bill was referred, reported that the bill ought to pass in concurrence.

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; Bills Messaged

On motion of Senator Welch, the rules were suspended, and the following bills were ordered messaged to the House forthwith:

S. 207; H. 364, H. 516; H. 629.

Rules Suspended; Joint Resolution Messaged

On motion of Senator Welch, the rules were suspended, and the following joint resolution was ordered messaged to the House forthwith:

J.R.H. 42.

Appointments Confirmed

Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Welch, the following Gubernatorial appointments were confirmed together as a group by the Senate, without reports given by the Committees to which they were referred and without debate:

    Kelly Boe of Middlebury - Member of the Solid Waste and Air Quality Variance Board, - from April 7, 2004, to February 28, 2008.

    Lawrence Dupont of North Hero - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 17, 2003, to February 28, 2006.

    Peter Kreisel of Colchester- Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 3, 2003, to February 28, 2006.

    Roland Hoerr, III of Colchester - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 3, 2003, to February 28, 2006.

    Edward J. Tyler, III of St. Albans - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 7, 2003, to February 28, 2006.

    Grant Bush of Shelburne - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 17, 2003, to February 28, 2006.

    Dana Kittell of East Fairfield - Member of the Fish and Wildlife Board, - from October 1, 2003, to February 28, 2007.

    Robert Shannon of Stowe - Member of the Fish and Wildlife Board, - from December 31, 2003, to February 28, 2009.


    Ann L. Hogan of Shelburne - Member of the State Infrastructure Bank Board, - from April 20, 2004, to February 28, 2005.

    Francis Heald of Rutland - Member of the Travel Information Council, - from March 1, 2004, to February 28, 2006.

    Jeffrey Larkin of Duxbury - Member of the Travel Information Council, - from December 2003, to February 28, 2005.

    Elizabeth Kennett of Rochester - Member of the Travel Information Council, - from March 1, 2004, to February 28, 2006.

    Joseph Sutton of Middlebury - Member of the Travel Information Council, - from December 29, 2003, to February 29, 2004.

    Joseph Sutton of Middlebury - Member of the Travel Information Council, - from March 1, 2004, to February 28, 2006.

    Virgilio L. Bonacorsi of Barre - Member of the Transportation Board, - from April 6, 2004, to February 28, 2006.

    Paul Bruhn of South Burlington - Member of the Vermont Transportation Authority, - from March 26, 2004, to February 1, 2009.

    John Booth of Essex Junction - Member of the Transportation Board, - from March 18, 2004, to February 28, 2007.

    Rene L. Blanchard of Essex Junction - Member of the Transportation Board, - from March 1, 2004, to February 28, 2007.

    Harold J. Howrigan, Jr. of Sheldon - Member of the Current Use Advisory Board, - from February 1, 2004, to January 31, 2006.

    Eva Morse of Calais - Member of the Current Use Advisory Board, - from February 1, 2004, to January 31, 2007.

    Jane Woodruff of East Randolph - Member of the Current Use Advisory Board, - from February 25, 2004, to January 31, 2007.

Message from the House No. 68

    A message was received from the House of Representatives by Mr. Otterman, its Second Assistant Clerk, as follows:

Mr. President:

    I am directed to inform the Senate the House has considered Senate proposal of amendment to House bill of the following title:

H. 632.  An act relating to workers’ compensation.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such committee on the part of the House

                                 Rep. Errecart of Shelburne

                                 Rep. Dostis of Waterbury

                                 Rep. Parent of St. Albans City

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

J.R.S. 64.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

Adjournment

On motion of Senator Welch, the Senate adjourned until two o’clock in the afternoon.