Journal of the Senate
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FRIDAY, APRIL 6, 2001
The Senate was called to order by the President pro tempore.
Devotional Exercises
Devotional exercises were conducted by the Reverend James Wideman of
Randolph.
Bill Referred to Committee on Appropriations
S. 174.
Senate bill of the following title, appearing on the Calendar for notice and
carrying an appropriation, under the rule was referred to the Committee on
Appropriations:
An act relating to grants to encourage high-quality afterschool programs.
Special Order
On motion of Senator Doyle, Proposal of Amendment to the
Constitution, Proposal 4, was made a special order for Wednesday, April 11, at
one o’clock and forty-five minutes in the afternoon.
Bill Amended; Bill Passed
S. 62.
Senate bill entitled:
An act relating to unwanted telephone solicitations.
Was taken up.
Thereupon, pending third reading of the bill, Senator Rivers, on behalf of
the Committee on Finance, moved to amend the bill as follows:
First: In Sec. 1, 9 V.S.A. § 2464a(a)(1), by striking out the following:
““Charitable organization” means an organization so defined by” and inserting
in lieu thereof the following: “Tax exempt organization” means an
organization described in
Second: In Sec. 1, 9 V.S.A. § 2464a(a)(3), in the first sentence, by striking
out the following: “who is or should be registered as required by section
2464b of this title”
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Third: In Sec. 1, 9 V.S.A. § 2464a(a)(5)(B)(ii), by striking out the word
“charitable” and inserting in lieu thereof the words tax exempt
Fourth: In Sec. 1, 9 V.S.A. § 2464a(c), in the second sentence, after the
word “Each”, by inserting the word telephone
Fifth: In Sec. 1, 9 V.S.A. § 2464a, by striking out subsection (d) in its
entirety and inserting in lieu thereof new subsection (d) to read as follows:
(d) Criminal Penalties. A telemarketer who makes a telephone solicitation
in violation of subdivision (b)(1) of this section shall be imprisoned for not
more than 18 months or fined not more than $10,000.00, or both. It shall be an
affirmative defense that the telemarketer did not know, and did not consciously
avoid knowing, that Vermont has a requirement of registration of
telemarketers. Each telephone call shall constitute a separate solicitation under
this section. This section shall not be construed to limit a person’s liability
under any other civil or criminal law.
Sixth: In Sec. 2, 9 V.S.A. § 2464b(a), in the first sentence, by striking out
the word “first”
Which was agreed to.
Thereupon, the bill was read the third time and passed.
Proposal of Amendment; Bill Passed in Concurrence with Proposal of
Amendment
H. 269.
House bill entitled:
An act relating to unclaimed property.
Was taken up.
Thereupon, pending third reading of the bill, Senator Crowley moved that
the Senate propose to the House that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 27 V.S.A. § 1239 is added to read:
§ 1239. UNCLAIMED PROPERTY; DECEASED OWNER
If the state treasurer holds unclaimed property valued at less than $500.00 in
the name of a deceased owner, the treasurer may deliver the property as
follows:
(1) In the case of an open estate, to the administrator or executor.
(2) In the case of a closed estate, in accordance with the probate court
decree of distribution.
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429
(3) In the absence of an open estate or probate court decree of
distribution, to the surviving spouse of the deceased owner, or, if there is no
surviving spouse, then to the next of kin according to 14 V.S.A. § 551.
Which was agreed to.
Thereupon, the bill was read the third time and passed in concurrence with
proposal of amendment.
Consideration Resumed; Bill Amended; Third Reading Ordered
S. 69.
Consideration was resumed on Senate bill entitled:
An act relating to suspension of a pupil who threatens a false bombing of a
school.
Thereupon, pending the question, Shall the bill be read the third time?,
Senator Senators Sears, Bartlett, Bloomer, Illuzzi, Leddy and Rivers, move to
amend the bill by striking out all after the enacting clause and inserting in lieu
thereof the following:
Sec. 1. 16 V.S.A. § 1162 is amended to read:
§ 1162. SUSPENSION OR EXPULSION OF PUPILS
(a) A superintendent or principal may, pursuant to policies adopted by the
school board that are consistent with state board rules, suspend a pupil for up
to 10 school days or, with the approval of the board of the school district, expel
a pupil for up to the remainder of the school year or up to 90 school days,
whichever is longer, for misconduct on school property, on a school bus or at a
school-sponsored activity when the misconduct makes the continued presence
of the pupil harmful to the welfare of the school or for misconduct not on
school property, on a school bus or at a school-sponsored activity where direct
harm to the welfare of the school can be demonstrated, or for circulating a false
warning of a bombing or catastrophe. Nothing contained in this section shall
prevent a superintendent or principal, subject to subsequent due process
procedures, from removing immediately from a school a pupil who poses a
continuing danger to persons or property or an ongoing threat of disrupting the
academic process of the school, or from expelling a pupil who brings a weapon
to school pursuant to section 1166 of this title.
(b) Principals, superintendents and school boards are authorized and
encouraged to provide alternative education services or programs to students
during any period of suspension or expulsion authorized under this section.
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Sec. 2. 16 V.S.A. § 1166 is amended to read:
§ 1166. POSSESSION OF A WEAPON AT SCHOOL; BOMB THREAT
(a) In this section, the terms “to school” and “weapon” shall have the same
meaning that the terms have in the Gun-Free Schools Act of 1994. However,
the school board may expand the definitions provided they remain consistent
with the Gun-Free Schools Act.
(b) Each school board shall adopt and implement policies regarding a
student who brings a weapon to school which at or who wilfully circulates a
report or warning of an impending bombing or other offense or catastrophe,
knowing that the report or warning is false or baseless, and that it is likely to
cause evacuation of the school. At a minimum, the policies shall include:
(1) A provision that any student who brings a weapon to school or
circulates a false warning of a bombing or catastrophe shall be referred to a
law enforcement agency. In addition to any other action the law enforcement
agency may take, it may report the incident to the department of social and
rehabilitation services.
(2) A provision that the superintendent or principal, with the approval of
the school board following opportunity for a hearing, shall expel from the
school for not less than up to one calendar year any student who brings a
weapon to school, and may expel for up to the remainder of the school year or
up to 90 school days, whichever is longer, any student who circulates a false
warning of a bombing or catastrophe. However, the school board may modify
the expulsion on a case by case basis. Modifications may be granted in
circumstances such as but not limited to:
(A) The pupil is unaware that he or she has brought a weapon to
school.
(B) The pupil did not intend to use the weapon to threaten or
endanger others.
(C)
disability.
The pupil is disabled and the misconduct is related to the
(D) The pupil does not present an ongoing threat to others and a
lengthy expulsion would not serve the best interests of the pupil.
(c) Annually at a time and on a form determined by the commissioner, each
superintendent shall provide the commissioner with a description of the
circumstances surrounding expulsions imposed under this section, the number
of students expelled and the type of weapons, if any, involved.
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431
(d) The commissioner shall distribute to each superintendent, for
circulation to students, information describing all possible consequences to the
student of circulating a false warning of an impending bombing or other
offense or catastrophe. This information shall state that if a student circulates a
false warning of an impending bombing or other offense or catastrophe, the
student may be subject to one or all of the following consequences:
(1) Expulsion for up to the remainder of the school year or up to 90
school days, whichever is longer.
(2) For a first offense, imprisonment for not more than two years or a
fine of not more than $5,000.00, or both.
(3) For a second offense, imprisonment for not more than five years or a
fine of not more than $10,000.00, or both.
(4) Performance of community service.
(5) For a student or a person under eighteen years of age with a driver’s
license, suspension of the license for 180 days for a first offense and two years
for a second offense.
(6) For a student or a person under eighteen years of age who does not
qualify for a license because the person is underage, delay of the person’s
eligibility to obtain a license for 180 days for a first offense and two years for a
second offense.
Which was agreed to.
Thereupon, the recurring question, Shall the bill be read the third time?, was
decided in the affirmative.
Bill Passed
Senate bill of the following title was read the third time and passed:
S. 67.
An act relating to motor vehicle registrations and taillamps.
Third Reading Ordered
J.R.S. 46.
Senator Ide, for the Committee on Transportation, to which was referred
joint Senate resolution entitled:
Joint resolution urging passage of legislation supporting long-term bonds to
provide capital for intercity passenger rail.
Reported that the joint resolution ought to be adopted.
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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.
Bill Amended; Third Reading Ordered
S. 10.
Senator Kittell, for the Committee on General Affairs and Housing, to
which was referred Senate bill entitled:
An act to permit wineries to sell directly to first class license holders.
Reported recommending that the bill ought to pass.
Senator Gossens, for the Committee on Finance, to which the bill was
referred, reported recommending that the bill be amended in Sec. 1, in 7
V.S.A. §2 (15), on page 3, line 17, by striking out the figure “$200.00” and
inserting in lieu thereof the figure $50.00
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.
Joint Resolutions Adopted on the Part of the Senate
Joint Senate resolutions entitled:
J.R.S. 49.
Joint resolution congratulating
championship field hockey team.
the
Mount
Abraham
Division
II
J.R.S. 50.
Joint resolution congratulating the 2000 Mount Abraham Union High
School Eagles Division IV football team.
Having been placed on the Calendar for action, were taken up and adopted
collectively on the part of the Senate.
Joint Resolutions Adopted in Concurrence
Joint House resolutions entitled:
J.R.H. 87.
Joint resolution congratulating the Mt. Anthony Union High School
Patriots’ 2001 Division I wrestling team.
J.R.H. 89.
Joint resolution honoring Richard “Dick” and Frances “Fran” Hunt for their
exemplary volunteer activities in Bennington.
FRIDAY, APRIL 6, 2001
433
Having been placed on the Calendar for action, were taken up.
Thereupon, the resolutions were adopted collectively in concurrence.
Adjournment
On motion of Senator Mazza, the Senate adjourned, to reconvene on
Tuesday, April 10, 2001, at ten o’clock in the forenoon pursuant to J.R.S. 48.