Journal of the Senate
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FRIDAY, APRIL 9, 1999
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Bills Referred to Committee on Appropriations
Senate bills of the following titles, appearing on the Calendar for notice,
and carrying appropriations, under the rule, were severally referred to the
Committee on Appropriations:
S. 58. An act relating to an extra-time program.
S. 60. An act relating to improving the quality and affordability of child
care services.
Bill Amended; Bill Passed
Senate committee bill entitled:
S. 203. An act relating to public school choice in grades 9-12.
Having been called up, was taken up.
Thereupon, pending the recurring question, Shall the bill be amended as
moved by Senator Spaulding? Senator Spaulding requested and was granted
leave to withdraw his recommendation of amendment.
Thereupon, pending third reading of the bill, Senator Morrissey moved to
amend the bill in Sec. 1, subsection (d), by striking out the second and third
sentences in their entirety and inserting in lieu thereof a new sentence to read
as follows: In addition, a student may choose to attend an approved
independent school as set forth in section 166 of Title 16.
Which was disagreed to.
Thereupon, pending third reading of the bill, Senator Rivers, on behalf of
the Committee on Finance, moved to amend the bill in Sec. 2, page 4, lines 9
through 20, and page 5, lines 1 through 11, by striking out subdivisions (2) and
(3) of subsection (g) in their entirety and inserting in lieu thereof three new
subdivisions to read as follows:
(2) Notwithstanding section 824 of Title 16, if a student chooses to
attend a public high school in a school district other than the district of
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residence under this subsection, the district of residence shall pay a tuition
amount equal to the amount of the per equalized pupil general state support
grant for that year. Students in a public school choice region subject to the
provisions of this subsection may not choose to attend an academy unless the
school districts and academy agree to a system for payment of tuition.
(3) If a student who is eligible for and receiving special education
services chooses to enroll in a school district other than the district of residence
under this subsection, the receiving school district shall carry out the
individualized education plan developed by the sending district. The receiving
district may, following procedures required by state and federal law, find a
student eligible for special education services or alter an existing
individualized education plan. However, whenever a receiving district
considers eligibility, development of an individualized education plan or
changes to a plan, it shall give notice of all meetings regarding the eligibility,
development or change to the district of residence and provide opportunities
for representatives of the district to attend the meetings and participate in
decision-making.
(4) If a technical education student chooses to attend a public school
outside the district of residence for academic courses under this section, the
tuition the district of residence shall pay to the academic school under
subdivision (2) of this subsection shall be prorated on a full-time equivalent
basis.
And by renumbering the remaining subdivisions of Sec. 2, subsection (g), to
be numerically correct.
Thereupon, pending the question, Shall the bill be amended as moved by
Senator Rivers? Senator Maynard moved to amend the recommendation of
amendment of Senator Rivers, in Sec. 2, subsection (g), by striking out
subdivision (3) in its entirety and inserting in lieu thereof a new subdivision (3)
to read as follows:
(3) If a student who is eligible for and receiving special education
services chooses to enroll in a school district or academy other than the district
of residence under this subsection, the receiving school district or academy
shall carry out the individualized education plan, including placement,
developed by the sending district. The receiving district or academy may,
following procedures required by state and federal law, find a student eligible
for special education services or alter an existing individualized education
plan. However, whenever a receiving district or academy considers eligibility,
development of an individualized education plan or changes to a plan, it shall
give notice of all meetings regarding the eligibility, development or change to
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the district of residence and provide opportunities for representatives of the
district to attend the meetings and participate in decision-making.
Which was agreed to.
Thereupon, the pending question, Shall the bill be amended as moved by
Senator Rivers, as amended? was decided in the affirmative.
Thereupon, the bill was read the third time and passed on a roll call, Yeas
28, Nays 1.
Senator McCormack, having demanded the yeas and nays, they were taken
and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ankeney, Bahre,
Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings,
Doyle, Greenwood, Ide, Kittell, Leddy, MacDonald, Maynard, Mazza,
McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears,
Shumlin, Spaulding.
Those Senators who voted in the negative were: Backus.
Those Senators absent and not voting were: Illuzzi.
Bill Amended; Consideration Interrupted by Adjournment
Senate bill entitled:
S. 200. An act relating to fingerprinting and criminal history records.
Was taken up.
Thereupon, pending third reading of the bill, Senator Sears moved to amend
the bill in Sec. 1, by adding a new subdivision (9) to read as follows:
(9) It is not the intent of the general assembly to restrict public or press
access to criminal history records that are public documents.
Which was agreed to.
Thereupon, pending third reading of the bill, Senators Sears, Backus,
Canns, Crowley and Rivers moved to further amend the bill in Sec. 2, in
§2061(a) of 20 V.S.A., by striking out subdivision (2) in its entirety and
inserting in lieu thereof the following:
(2) The person is arrested or given a summons or citation for a
misdemeanor and the arresting or issuing officer or the state’s attorney has a
reasonable belief that the identity of the person is at issue.
Which was agreed to.
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Thereupon, pending third reading of the bill, Senators Backus, Canns,
Crowley and Rivers moved to further amend the bill as follows:
First: In Sec. 2, in § 2061(a) of 20 V.S.A., by striking subdivision (2) in its
entirety and inserting in lieu thereof the following:
(2) The person is arrested or given a summons or citation for a
misdemeanor and the arresting or issuing officer or the state’s attorney has a
reasonable belief that the person has given false or misleading identification
information.
Second: In Sec. 2, in § 2061 of 20 V.S.A., by striking out subsection (b) in
its entirety and inserting in lieu thereof the following:
(b) A court may order a defendant to be fingerprinted and photographed
upon conviction for a misdemeanor.
Third: In Sec. 2, in § 2061 of 20 V.S.A., in subsections (c) and (d), by
striking out the following: “or (b)”
Fourth: In Sec. 2, in § 2061(j) of 20 V.S.A., in subdivision (2), by inserting
before the period the following: or dismisses the charge at the time of
arraignment
Fifth: In Sec. 2, in § 2061 of 20 V.S.A., by adding a new subsection (k) to
read as follows:
(k) The Vermont crime information center shall not forward fingerprints
and photographs to the Federal Bureau of Investigation (FBI) until the court
has made a determination of probable cause at arraignment. If the Vermont
crime information center forwards fingerprints and photographs to the FBI
after arraignment and the defendant is subsequently acquitted, the Vermont
crime information center shall request the FBI to return the fingerprints and
photographs. The fingerprints and photographs then shall be destroyed by the
Vermont crime information center.
And by relettering the remaining subsections of §2061 to be alphabetically
correct.
Sixth: In Sec. 2, § 2061 of 20 V.S.A., in the newly-lettered subsection (l)
by inserting after the words “dismissed by either the court or the state” the
following: after arraignment
Thereupon, pending the question, Shall the bill be amended as moved by
Senator Backus et al.? Senator Backus requested and was granted leave to
withdraw the first recommendation of amendment.
Thereupon, the fourth, fifth, and sixth recommendations of amendment of
Senator Backus et al. were collectively agreed to.
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Thereupon, the second and third recommendations of amendment of
Senator Backus et al. were collectively disagreed to on a roll call, Yeas 13,
Nays 16.
Senator Crowley, having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Backus, Bahre,
Bloomer, Canns, Crowley, Ide, Kittell, MacDonald, McCormack, Munt,
Ptashnik, Ready, Rivers.
Those Senators who voted in the negative were: Ankeney, Bartlett,
Brownell, Chard, Costes, Cummings, Doyle, Greenwood, Leddy, Maynard,
Mazza, Morrissey, Riehle, Sears, Shumlin, Spaulding.
Those Senators absent and not voting were: Illuzzi.
Thereupon, pending third reading of the bill, on motion of Senator Shumlin,
the Senate adjourned until two o’clock and fifteen minutes in the afternoon.
AFTERNOON
The Senate was called to order by the President.
Consideration Resumed; Bill Amended; Bill Passed
Consideration was resumed on Senate bill entitled:
S. 200. An act relating to fingerprinting and criminal history records.
Thereupon, pending third reading of the bill, Senator Kittell moved to
further amend the bill as follows:
First: In Sec. 2, in § 2061(j) of 20 V.S.A., by adding a new subdivision (4)
to read as follows:
(4) If all criminal charges related to the incident that caused photographs
and fingerprints to be taken are dismissed by either the court or the state after
arraignment, unless the criminal offense has been designated by rules adopted
by the commissioner of public safety as an offense that constitutes a threat to
public safety.
Second: In Sec. 2, in § 2061 of 20 V.S.A., by striking out newly-lettered
subsection (l) in its entirety and by relettering the remaining subsection to be
alphabetically correct.
Which was agreed to.
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432
Thereupon, the bill was read the third time and passed on a roll call, Yeas
22, Nays 6.
Senator Crowley, having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ankeney, Bartlett,
Bloomer, Brownell, Chard, Costes, Cummings, Doyle, Greenwood, Ide,
Kittell, Leddy, MacDonald, Maynard, Mazza, Morrissey, Munt, Ptashnik,
Riehle, Sears, Shumlin, Spaulding.
Those Senators who voted in the negative were: Backus, Bahre, Canns,
Crowley, McCormack, Rivers.
Those Senators absent and not voting were: Illuzzi, Ready.
Rules Suspended; Bills Messaged
On motion of Senator Shumlin, the rules were suspended and the following
bills were ordered messaged to the House forthwith:
S. 200, S. 203.
Committee Relieved of Further Consideration; Bill Committed
On motion of Senator Riehle, the Committee on Health and Welfare was
relieved of further consideration of House bill entitled:
H. 420. An act relating to health insurance.
Thereupon, pending entry of the bill on the Calendar for notice the next
legislative day, on motion of Senator Riehle, the bill was committed to the
Committee on Finance.
Adjournment
On motion of Senator Shumlin, the Senate adjourned, to reconvene again on
Tuesday, April 13, 1999, at nine o’clock in the forenoon pursuant to J.R.S. 47.