Journal of the Senate
of the
STATE OF VERMONT
ADJOURNED SESSION, 2006
________________
TUESDAY, JANUARY 3, 2006
Pursuant to the provisions of the 2006 final adjournment joint resolution of
the two Houses (J.R.S. 41), the Senate convened at the State House at
Montpelier, on Tuesday, the third day of January, two thousand six.
At ten o’clock in the forenoon, Eastern Standard Time, the Senate was
called to order by the President, Lieutenant Governor Brian E. Dubie.
Devotional Exercises
Devotional exercises were conducted by the Reverend David M. Hall of
Montpelier.
Pledge of Allegiance
Anderson Brown of Barre City then led the members of the Senate in the
Pledge of Allegiance.
Joint Resolutions Adopted on the Part of the Senate
Joint Senate resolutions of the following titles were offered, read and
adopted on the part of the Senate, and are as follows:
By Senator Welch,
J.R.S. 42. Joint resolution to provide for a Joint Assembly to receive the
State-of-the-State message from the Governor.
Resolved by the Senate and House of Representatives:
That the two Houses meet in Joint Assembly on Thursday, January 5, 2006,
at two o’clock in the afternoon to receive the State-of-the-State message from
the Governor.
By Senator Welch,
J.R.S. 43. Joint resolution to provide for a Joint Assembly to hear the
budget message of the Governor.
Resolved by the Senate and House of Representatives:
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That the two Houses meet in Joint Assembly on Tuesday, January 17, 2006,
at two o'clock in the afternoon to receive the budget message of the Governor.
By Senator Welch,
J.R.S. 44. Joint resolution relating to Town Meeting adjournment.
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, March 3, 2006, or Saturday,
March 4, 2006, it be to meet again no later than Tuesday, March 14, 2006.
Joint Resolution Referred
J.R.S. 45.
Joint Senate resolution of the following title was offered, read the first time
and is as follows:
By Senator Illuzzi,
J.R.S. 45. Joint resolution requesting Congress to increase commodity
vehicle weight limitations permitted on Vermont's interstate highways.
Whereas, the interstate highways which cross the state of Vermont serve as
major thoroughfares for the long-distance shipment of commodities for both
intrastate and interstate commerce, and
Whereas, interstate highways are built to the highest safety standards of any
roads in the United States, and
Whereas, haulers of water and milk traveling on Vermont’s interstate
highways are now authorized to ship a maximum load of 90,000 pounds when
transporting those items in five-or-more-axle truck tractors, semi-trailer
combinations, or truck trailers, and
Whereas, the current weight limitations for other commodities being
transported on interstate highways are 80,000 pounds for five- and six-axle
vehicles, 54,000 pounds for four-axle trucks, and 46,000 pounds for three-axle
trucks, and
Whereas, these weight limitations are inequitable and not justified as they
are below the comparable weight limits permitted on Vermont’s state
highways, many of which are much steeper and narrower than the interstate
highways, and
Whereas, Congress has already authorized a 99,000-pound weight
limitation for the transporting of all goods in six-axle vehicles on the interstate
highways in the state of New Hampshire, and
TUESDAY, JANUARY 2, 2006
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Whereas, in recognition of the viable weight limitations on Vermont’s state
highways and on New Hampshire’s interstate highways, a fairer and more
reasonable set of weight limitations would be 99,000 pounds for six-axle and
greater truck tractors, semitrailer combinations, or truck trailer combinations,
90,000 pounds for axle tractors or truck trailers, 69,000 pounds for four-axle
trucks, and 60,000 pounds for three-axle trucks, and
Whereas, if haulers are authorized to transport up to these respective weight
limitations, regardless of the commodity, on Vermont’s interstate highways,
the transporting of goods would be accomplished more efficiently and in fewer
vehicles, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly requests Congress to grant statutory
authorization permitting weight limitations of 99,000 pounds for six-axle and
greater truck tractors, semitrailer combinations, or truck trailer combinations,
90,000 pounds for axle tractors or truck trailers, 69,000 pounds for four-axle
trucks, and 60,000 pounds for three-axle trucks that are carrying any
commodity on the interstate highways located in the state of Vermont, and be
it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to United States Secretary of Transportation Norman Mineta and the
members of the Vermont Congressional delegation.
Thereupon, the President, in his discretion, treated the joint resolution as a
bill and referred it to the Committee on Transportation.
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 Mazur of South Burlington - Member of the Public Oversight
Commission, - from May 16, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Bruce Taylor of Fairlee - Member of the Valuation Appeals Board, - from
June 3, 2005, to January 31, 2007.
To the Committee on Finance.
Ezekiel S. Cross of Shaftsbury - Member of the Board of Medical Practice,
- from June 3, 2005, to December 31, 2008.
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To the Committee on Health and Welfare.
Matthew R. Francis of Hinesburg - Member of the State Board of
Education, - from July 1, 2005, to June 30, 2007.
To the Committee on Education.
Martha O’Connor of Brattleboro - Member of the Vermont Lottery
Commission, - from July 1, 2005, to June 30, 2008.
To the Committee on Economic Development, Housing and General
Affairs.
Richard Bailey of Hyde Park - Member of the Vermont Lottery
Commission, - from July 1, 2005, to July 30, 2008.
To the Committee on Economic Development, Housing and General
Affairs.
Patricia McDonald of Berlin – Commission of the Department of Labor, from July 1, 2005, to February 28, 2007.
To the Committee on Economic Development, Housing and General
Affairs.
Sandra Duehn of Fair Haven - Member of the Vermont Citizens Advisory
Commission on Lake Champlain’s Future, - from July 1, 2005, to February 29,
2008.
To the Committee on Natural Resources and Energy.
Paul Hansen of South Alburg - Member of the Vermont Citizens Advisory
Commission on Lake Champlain’s Future, - from July 1, 2005, to February 29,
2008.
To the Committee on Natural Resources and Energy.
Linda J. Williams of Windsor - Member of the Board of Libraries, - from
July 7, 2005, to June 30, 2009.
To the Committee on Education.
Joan Rahe of Bennington - Member of the Board of Libraries, - from July 7,
2005, to June 30, 2009.
To the Committee on Education.
Arthur Sanborn of Kirby - Member of the Transportation Board, - from July
7, 2005, to February 28, 2006.
To the Committee on Transportation.
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Eileen Dickinson of St. Albans - Member of the Public Oversight
Commission, - from July 26, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Gregory Peters of Shelburne - Member of the Public Oversight
Commission, - from July 26, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
John Lindley, III of Montpelier - Member of the Public Oversight
Commission, - from July 26, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
William Ricker of Montpelier - Member of the Public Oversight
Commission, - from July 26, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Laura Williams of East Montpelier - Member of the State Police Advisory
Commission, - from July 28, 2005, to June 30, 2009.
To the Committee on Government Operations.
Jan Peterson of Essex Junction - Member of the Vermont Citizens Advisory
Commission on Lake Champlain’s Future, - from August 1, 2005, to February
29, 2008.
To the Committee on Natural Resources and Energy.
Lori Fisher of Williston - Member of the Vermont Citizens Advisory
Commission on Lake Champlain’s Future, - from August 1, 2005, to February
29, 2008.
To the Committee on Natural Resources and Energy.
Shirley Boyd-Hill of Fairfax - Member of the Human Rights Commission, from August 1, 2005, to February 28, 2010.
To the Committee on Judiciary.
Laurie Hammond of Colchester - Member of the Job Start Board, - from
August 1, 2005, to February 28, 2010.
To the Committee on Economic Development, Housing and General
Affairs.
Michael A. Welch of St. Johnsbury - Member of the Valuation Appeals
Board, - from August 17, 2005, to January 31, 2006.
To the Committee on Finance.
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David M. Anderson of Tunbridge - Member of the Public Oversight
Commission, - from August 26, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Brian M. Ames of Putney - Member of the Fish and Wildlife Board, - from
August 29, 2005, to February 28, 2009.
To the Committee on Natural Resources and Energy.
Brian Burgess, Esq. of Montpelier – Associate Justice of the Supreme
Court, - from September 6, 2005, to March 31, 2011.
To the Committee on Judiciary.
Robert Sheil of Montpelier - Member of the Children and Family Council
for Prevention Programs, - from September 19, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Lynn Marie Bundy of Montpelier - Member of the Children and Family
Council for Prevention Programs, - from September 19, 2005, to February 28,
2006.
To the Committee on Health and Welfare.
Suzanne Masland of Thetford - Member of the Children and Family
Council for Prevention Programs, - from September 19, 2005, to February 29,
2008.
To the Committee on Health and Welfare.
Hillary Roper of Stowe - Member of the Public Oversight Commission, from September 23, 2005, to February 29, 2008.
To the Committee on Health and Welfare.
Edward Walbridge of Montpelier - Member of the Electricians’ Licensing
Board, - from September 23, 2005, to June 30, 2008.
To the Committee on Economic Development, Housing and General
Affairs.
William B. LaWare of Williston - Member of the Children and Family
Council for Prevention Programs, - from September 26, 2005, to February 29,
2008.
To the Committee on Health and Welfare.
Alexander Norhern of South Royalton - Member of the Board of Medical
Practice, - from September 26, 2005, to December 31, 2008.
To the Committee on Health and Welfare.
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Stephen R. Dale of Montpelier - Commissioner of the Department of
Children and Families, - from October 1, 2005, to February 28, 2007.
To the Committee on Health and Welfare.
Kevin Harper of Bristol - Member of the Sustainable Jobs Fund Board of
Directors, - from October 3, 2005, to August 31, 2010.
To the Committee on Economic Development, Housing and General
Affairs.
Robin Stern of Brattleboro - Member of the Transportation Board, - from
October 3, 2005, to February 28, 2006.
To the Committee on Transportation.
Mary G. Harlow, Esq. of Wallingford – Family Court Magistrate, - from
October 3, 2005, to September 30, 2008.
To the Committee on Judiciary.
Elizabeth Wilkel of Walden - Member of the Natural Resources Board, from October 24, 2005, to January 31, 2008.
To the Committee on Natural Resources and Energy.
Bartlett H. Frisbie of Colchester - Member of the Vermont Housing Finance
Agency, - from October 28, 2005, to January 31, 2009.
To the Committee on Finance.
Ann L. Hogan of Shelburne - Member of the State Infrastructure Bank
Board, - from November 3, 2005, to February 28, 2010.
To the Committee on Finance.
Peter Gregory of Hartland - Member of the State Infrastructure Bank Board,
- from November 4, 2005, to February 28, 2010.
To the Committee on Finance.
Edward J. Gallo of Richmond - Member of the Fish and Wildlife Board, from November 14, 2005, to February 29, 2008.
To the Committee on Natural Resources and Energy.
Sharon Russell of Rutland - Member of the Job Start Board, - from
November 14, 2005, to February 28, 2007.
To the Committee on Economic Development, Housing and General
Affairs.
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Evan Hammond of Lunenburg - Member of the Connecticut River Valley
Flood Control Commission, - from December 8, 2005, to February 28, 2010.
To the Committee on Natural Resources and Energy.
Eryn Brownlee of Montpelier - Member of the Children and Family Council
for Prevention Programs, - from December 8, 2005, to February 28, 2007.
To the Committee on Health and Welfare.
Michael Rogers of Glover - Member of the Employment Security Board, from December 8, 2005, to February 28, 2011.
To the Committee on Economic Development, Housing and General
Affairs.
Bills Introduced
Senate bills of the following titles were severally introduced, read the first
time and referred:
S. 180.
By Senator Illuzzi,
An act relating to the competency of a perjurer as a witness.
To the Committee on Judiciary.
S. 181.
By Senator Campbell,
An act relating to hanging objects from motor vehicle rearview mirrors.
To the Committee on Transportation.
S. 182.
By Senator Campbell,
An act relating to advisement of immigration consequences of pleading
guilty to a criminal offense.
To the Committee on Judiciary.
S. 183.
By Senator Campbell,
An act relating to no contact with a victim or potential witness pending trial.
To the Committee on Judiciary.
TUESDAY, JANUARY 2, 2006
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S. 184.
By Senator Campbell,
An act relating to the arrest of a person for a violation of sex offender
registry requirements.
To the Committee on Judiciary.
S. 185.
By Senator Sears,
An act relating to DNA databank.
To the Committee on Judiciary.
S. 186.
By Senator Sears,
An act relating to false reports to law enforcement officers.
To the Committee on Judiciary.
S. 187.
By Senator Sears,
An act relating to increasing the age limit for delinquent children and
children in need of care and supervision.
To the Committee on Judiciary.
S. 188.
By Senators Snelling and White,
An act relating to financial literacy and asset building of low income
Vermonters.
To the Committee on Health and Welfare.
S. 189.
By Senators Coppenrath, Mullin and Wilton,
An act relating to assessment of students by independent schools.
To the Committee on Education.
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Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first
time, and, under the rule, placed on the Calendar for notice tomorrow:
S. 190.
By the Committee on Judiciary,
An act relating to the number of witnesses required to attest to a will.
Bills Introduced
Senate bills of the following titles were severally introduced, read the first
time and referred:
S. 191.
By Senator Illuzzi,
An act relating to law enforcement officers’ affidavits in civil suspension
hearings for operating under the influence.
To the Committee on Judiciary.
S. 192.
By Senator Illuzzi,
An act relating to wiretapping and electronic surveillance.
To the Committee on Judiciary.
S. 193.
By Senator Campbell,
An act relating to primary enforcement of the safety belt law.
To the Committee on Transportation.
S. 194.
By Senators Sears and Leddy,
An act relating to sealing juvenile records relating to a delinquent act.
To the Committee on Judiciary.
S. 195.
By Senators Dunne and Ayer,
An act relating to passing a school bus illegally.
To the Committee on Judiciary.
TUESDAY, JANUARY 2, 2006
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S. 196.
By Senator Bartlett,
An act relating to reducing certain fees for construction of municipal fire
and safety buildings and for registration of all-terrain vehicles used exclusively
for firefighting and rescue purposes.
To the Committee on Natural Resources and Energy.
S. 197.
By Senator Collins,
An act relating to use of education fund monies to support public education.
To the Committee on Education.
S. 198.
By Senators Sears and Leddy,
An act relating to reporting medical errors and establishing a sorry works
program.
To the Committee on Health and Welfare.
S. 199.
By Senators Ayer, Giard and Lyons,
An act relating to idling school bus engines on school property.
To the Committee on Natural Resources and Energy.
S. 200.
By Senator White,
An act relating to plant closings, mass layoffs, and severance pay.
To the Committee on Economic Development, Housing and General
Affairs.
S. 201.
By Senator Starr,
An act relating to auditing of financial statements of a school district.
To the Committee on Education.
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Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first
time, and, under the rule, placed on the Calendar for notice the next legislative
day:
S. 202.
By the Committee on Judiciary,
An act relating to sex offender registration for offenders under the age of
18.
Bills Introduced
Senate bills of the following titles were severally introduced, read the first
time and referred:
S. 203.
By Senator Kittell,
An act relating to a statewide school attendance calendar.
To the Committee on Education.
S. 204.
By Senator Kittell,
An act relating to offset projects in stormwater-impaired waters.
To the Committee on Agriculture.
S. 205.
By Senator Starr,
An act relating to requiring the dismantling of in-state electric facilities at
the end of their useful life.
To the Committee on Finance.
S. 206.
By Senator Starr,
An act relating to current use appraisal for employee housing on a separate
parcel.
To the Committee on Agriculture.
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S. 207.
By Senator Condos,
An act relating to indoor air quality in state buildings.
To the Committee on Health and Welfare.
S. 208.
By Senators Coppenrath, Kitchel and Lyons,
An act relating to aquatic nuisance eradication and education.
To the Committee on Natural Resources and Energy.
S. 209.
By Senator White,
An act relating to an exemption from the safety belt and child restraint laws
for emergency evacuations.
To the Committee on Transportation.
S. 210.
By Senator White,
An act relating to wrongful discharge for voting or attending town meeting.
To the Committee on Economic Development, Housing and General
Affairs.
S. 211.
By Senator White,
An act relating to insurance coverage for treatment by an authorized health
care provider.
To the Committee on Finance.
S. 212.
By Senator White,
An act relating to the radiological emergency response plan.
To the Committee on Government Operations.
S. 213.
By Senator White,
An act relating to the chair of the nuclear advisory panel.
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To the Committee on Government Operations.
S. 214.
By Senator Condos,
An act relating to state highway municipal and village zones.
To the Committee on Transportation.
S. 215.
By Senator Giard,
An act relating to a revolving loan fund for home heating fuel suppliers.
To the Committee on Economic Development, Housing and General
Affairs.
S. 216.
By Senators Wilton and Starr,
An act relating to outdoor wood-fired boilers.
To the Committee on Natural Resources and Energy.
S. 217.
By Senator Giard,
An act relating to penalties for tattooists and body piercers.
To the Committee on Judiciary.
S. 218.
By Senator Campbell,
An act relating to motor vehicle retail installment sales contracts.
To the Committee on Economic Development, Housing and General
Affairs.
S. 219.
By Senator White,
An act relating to permitting time off from work and school to attend town
meeting.
To the Committee on Economic Development, Housing and General
Affairs.
TUESDAY, JANUARY 2, 2006
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S. 220.
By Senator White,
An act relating to the consideration of economic benefit during a public
service board proceeding relating to a certificate of public good.
To the Committee on Finance.
S. 221.
By Senator Lyons,
An act relating to a study committee to recommend how to finance the
development of renewable energy.
To the Committee on Natural Resources and Energy.
S. 222.
By Senator Collins,
An act relating to funding of adult education and literacy services.
To the Committee on Education.
S. 223.
By Senator Collins,
An act relating to length of the school year.
To the Committee on Education.
S. 224.
By Senator Collins,
An act relating to statewide school calendar.
To the Committee on Education.
S. 225.
By Senator Collins,
An act relating to standards for alternative education programs.
To the Committee on Education.
S. 226.
By Senator Giard,
An act relating to dairy hauling fees and stop charges.
To the Committee on Agriculture.
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S. 227.
By Senator Doyle,
An act relating to income taxation of certain lottery proceeds.
To the Committee on Finance.
S. 228.
By Senators Wilton, Mullin, Giard and Starr,
An act relating to price gouging for petroleum products.
To the Committee on Economic Development, Housing and General
Affairs.
S. 229.
By Senator Campbell,
An act relating to the use of the status of an individual as an elected official
in underwriting insurance.
To the Committee on Finance.
S. 230.
By Senator White,
An act relating to requiring early application to the general assembly for
approval to operate Vermont Yankee after its current license expires.
To the Committee on Finance.
S. 231.
By Senator Condos,
An act relating to net metering and unused kilowatt-hour credits.
To the Committee on Finance.
S. 232.
By Senators Ayer and Giard,
An act relating to state-owned property in Vergennes.
To the Committee on Institutions.
S. 233.
By Senator Giard,
An act relating to adverse possession.
TUESDAY, JANUARY 2, 2006
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To the Committee on Judiciary.
S. 234.
By Senator Giard,
An act relating to the spousal share of decedents’ estates.
To the Committee on Judiciary.
S. 235.
By Senator Campbell,
An act relating to computer spyware.
To the Committee on Economic Development, Housing and General
Affairs.
S. 236.
By Senator Lyons,
An act relating to establishing state appliance and equipment energy
efficiency standards.
To the Committee on Natural Resources and Energy.
S. 237.
By Senator Collins,
An act relating to providing equal access to media to candidates for elected
office.
To the Committee on Government Operations.
S. 238.
By Senator MacDonald,
An act relating to Vermont cooperative associations.
To the Committee on Finance.
S. 239.
By Senator Dunne,
An act relating to meals tax on tips.
To the Committee on Finance.
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S. 240.
By Senator Collins,
An act relating to continuing and expanding Vermont’s school choice
options.
To the Committee on Education.
S. 241.
By Senator Wilton,
An act relating to access to criminal history records by private investigators
and security guards.
To the Committee on Government Operations.
S. 242.
By Senator Welch,
An act relating to net metering and unused kilowatt-hour credits.
To the Committee on Finance.
S. 243.
By Senator Kittell,
An act relating to agricultural water quality financing.
To the Committee on Agriculture.
S. 244.
By Senator Cummings,
An act relating to allowing pollution abatement monies to protect the public
health from wastewater systems that fail to meet required isolation distances
from drinking water supplies.
To the Committee on Natural Resources and Energy.
S. 245.
By Senator Sears,
An act relating to minimum tip wage increase.
To the Committee on Economic Development, Housing and General
Affairs.
TUESDAY, JANUARY 2, 2006
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S. 246.
By Senators Wilton, Campbell, Doyle, Dunne, Kitchel, MacDonald,
Maynard, Sears and Shepard
An act relating to eminent domain.
To the Committee on Judiciary.
S. 247.
By Senators Sears, Bartlett, Campbell and Coppenrath,
An act relating to punishment of inmates.
To the Committee on Judiciary.
S. 248.
By Senators Sears, Bartlett, Campbell and Coppenrath,
An act relating to good time.
To the Committee on Judiciary.
S. 249.
By Senator Illuzzi,
An act relating to the creation of the forensic laboratory oversight
commission.
To the Committee on Government Operations.
S. 250.
By Senator Cummings,
An act relating to cropping a dog’s ears for nontherapeutic purposes.
To the Committee on Judiciary.
S. 251.
By Senators Illuzzi, Ayer, Campbell, Coppenrath and Giard,
An act relating to workers’ compensation compensability of heart attacks
suffered by firefighters.
To the Committee on Economic Development, Housing and General
Affairs.
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S. 252.
By Senator Miller,
An act relating to insurance coverage for naturopathic treatment for chronic
conditions.
To the Committee on Finance.
S. 253.
By Senator Miller,
An act relating to insurance coverage of acupuncture.
To the Committee on Finance.
S. 254.
By Senator White,
An act relating to expanding the emergency planning zone that surrounds
the Vermont Yankee nuclear power plant.
To the Committee on Government Operations.
Adjournment
On motion of Senator Welch, the Senate adjourned until one o’clock and
thirty minutes in the afternoon on Wednesday, January 4, 2006.