Journal of the Senate ________________ TUESDAY, MARCH 8, 2005 The Senate was called to order by the President. Devotional Exercises Devotional exercises were conducted by Linda Piotrowski, Chaplain of Central Vermont Hospital of Berlin. Pledge of Allegiance Page Kelsey Hancock then led the members of the Senate in the Pledge of Allegiance. Bills Introduced Senate bills of the following titles were severally introduced, read the first time and referred: S. 128. By Senator Sears, An act relating to nonpayment of rent; small claims court. To the Committee on Judiciary. S. 129. By Senators Miller and Dunne, An act relating to Vermont seed capital fund. To the Committee on Economic Development, Housing and General Affairs. S. 130. By Senator Illuzzi, An act relating to funding a renewable energy incentive program. To the Committee on Natural Resources and Energy. S. 131. By Senators Doyle, Leddy and White, An act relating to retail sales limits for pseudoephedrine. To the Committee on Judiciary. 220 Printed on 100% Recycled Paper TUESDAY, MARCH 8, 2005 221 S. 132. By Senators Condos, Illuzzi, Lyons and Miller, An act relating to improving early learning opportunities for Vermont’s children. To the Committee on Education. S. 133. By Senator Condos, An act relating to adding legislative members to the state board of education. To the Committee on Education. S. 134. By Senators Condos, Wilton, Kitchel and Welch, An act relating to free tuition at the Vermont state colleges for senior citizens. To the Committee on Education. S. 135. By Senators Illuzzi, Shepard and Maynard, An act relating to tax credits for green buildings. To the Committee on Finance. S. 136. By Senators Flanagan, Condos, Doyle, Dunne and Illuzzi, An act relating to a privilege for communications between employees and union representatives. To the Committee on Judiciary. S. 137. By Senators Shepard and Wilton, An act relating to an income tax credit for home child care. To the Committee on Finance. 222 JOURNAL OF THE SENATE S. 138. By Senators Kitchel, Cummings and Doyle, An act relating to use value enrollment of municipal watershed land. To the Committee on Finance. S. 139. By Senators Wilton, Cummings, Doyle, Mullin, Shepard and Starr, An act relating to sexual activity between a school employee and a student. To the Committee on Judiciary. Message from the Governor Appointments Referred A message was received from the Governor, by Neale Lunderville, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated: Frank Cioffi of St. Albans - Member of the University of Vermont and State Agricultural College, - from March 1, 2005, to February 28, 2011. To the Committee on Education. Heather Shouldice of East Calais - Member of the Capitol Complex Commission, - from February 25, 2005, to October 31,2007. To the Committee on Institutions. James W. Volz, Esq. of Montpelier- Chair of the Public Service Board, from March 1, 2005, to February 28, 2011. To the Committee on Finance. Marie Duquette of Stowe - Member of the Vermont State Colleges Board of Trustees, - from March 1, 2005, to February 28, 2007. To the Committee on Education. Frank Mazza of Brandon - Member of the Vermont State Colleges Board of Trustees, - from March 1, 2005, to February 28, 2011. To the Committee on Education. Martha O’Connor of Brattleboro - Member of the Vermont State Colleges Board of Trustees, - from March 1, 2005, to February 28, 2011. To the Committee on Education. TUESDAY, MARCH 8, 2005 223 Thomas Crowley of South Burlington - Member of the State Police Advisory Commission, - from March 2, 2005, to June 30, 2008. To the Committee on Government Operations. James Colvin of Bennington - Member of the Public Oversight Commission, - from March 4, 2005, to February 28, 2008. To the Committee on Health and Welfare. Henry Holmes of Bethel - Member of the Public Oversight Commission, from March 4, 2005, to February 28, 2008. To the Committee on Health and Welfare. Thomas James of Essex Junction - Member of the State Board of Education, - from March 4, 2005, to February 28, 2011. To the Committee on Education. Consideration Postponed H. 143. House bill entitled: An act relating to fiscal year 2005 budget adjustments Was taken up. Thereupon, without objection consideration of the bill was postponed until the next legislative day. Appointments Confirmed The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred: The nomination of Michael K. Smith of Essex Junction – Secretary of the Agency of Human Services – February 21, 2005, to February 28, 2005. Michael K. Smith of Essex Junction – Secretary of the Agency of Human Services – March 1, 2005, to February 28, 2007. Was confirmed on a roll call, Yeas 26, Nays 0. 224 JOURNAL OF THE SENATE Senator Snelling having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Bartlett, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton. Those Senators who voted in the negative were: None. Those Senators absent and not voting were: Ayer, Gander, Giard. The nomination of Charles Smith of Burlington – Secretary of the Agency of Administration– February 21, 2005, to February 28, 2007. Was confirmed on a roll call, Yeas 26, Nays 0. Senator Campbell having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Bartlett, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton. Those Senators who voted in the negative were: None. Those Senators absent and not voting were: Ayer, Gander, Giard. Message from the House No. 22 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 passed a bill of the following title: H. 199. An act relating to regulation of professions and occupations. In the passage of which the concurrence of the Senate is requested. Adjournment On motion of Senator Welch, the Senate adjourned until one o’clock and thirty minutes in the afternoon on Wednesday, March 9, 2005.