Thursday, April 22, 2004 925
Journal of the Senate
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Thursday, April 22, 2004
The Senate was called to order by the President.
Devotional Exercises
Devotional exercises were conducted by the Reverend Paul Power of St. Johnsbury.
Message from the House No. 57
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 passed bills of the following titles:
H. 774. An act relating to the charter of the city of Rutland.
H. 775. An act relating to the charter of Burlington.
H. 780. An act relating to the insurance problems facing the agricultural industry of Vermont.
In the passage of which the concurrence of the Senate is requested.
The House considered Senate proposals of amendments to House bills of the following titles:
H. 199. An act relating to photographs on driver licenses and learner permits.
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. Schiavone of Shelburne
Rep. Allaire of Rutland City
Rep. Gray of Barre Town
H. 327. An act relating to identity theft.
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. Young of Orwell
Rep. Parent of St. Albans City
Rep. Carey of Chester
H. 538. An act relating to trial by jury and jury service.
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. Flory of Pittsford
Rep. Bailey of Hyde Park
Rep. Gervais of Enosburg
The House has considered Senate proposal of amendment to House bill of the following title:
H. 721. An act relating to consumer protection for the purchase of manufactured homes.
And has concurred therein.
The House has adopted a Joint Resolution of the following title:
J.R.H. 61. Joint resolution commemorating Equal Pay Day.
In the adoption of which the concurrence of the Senate is requested.
The House has considered a bill originating in the Senate of the following title:
S. 190. An act relating to a vacancy on the prudential committee of an incorporated school district.
And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.
Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:
S. 79. An act relating to joint tenancy.
The Speaker has appointed as members of such committee on the part of the House
Rep. Kainen of Hartford
Rep. Jewett of Ripton
Rep. Peterson of Williston
The House has considered a Joint Resolution originating in the Senate of the following title:
J.R.S. 59. Joint resolution urging the United States Congress to enact the proposed “Farm to Cafeteria Projects Act”.
And has adopted the same in concurrence.
Bills Referred
House bills of the following titles were severally read the first time and referred:
H. 774.
An act relating to charter of the city of Rutland.
To the Committee on Government Operations.
H. 775.
An act relating to the charter of Burlington.
To the Committee on Government Operations.
Bill Referred to Committee on Rules
House bill of the following title, was read the first time and under Rule 44a was referred to the Committee on Rules:
H. 780. An act relating to the insurance problems facing the agricultural industry of Vermont.
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 Mazza,
J.R.S. 61. Joint resolution relating to weekend adjournment.
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, April 23, 2004, it be to meet again no later than Tuesday, April 27, 2004.
Joint Resolution Placed on Calendar
J.R.H. 61.
Joint resolution originating in the House of the following title was read the first time and is as follows:
Joint resolution commemorating equal pay day.
Whereas, 40 years after the passage of the Equal Pay Act and Title VII of the Civil Rights Act, women and people of color continue to suffer the consequences of inequitable pay differentials, and
Whereas, a 2003 Congressional report by the General Accounting Office (the investigative arm of Congress) revealed that the wage gap is due, in part, to women traditionally working at jobs that pay less as well as dropping out of the work force for longer periods of time than men, and
Whereas, even after accounting for these adjustments, the report indicates that women still earn a national average of 20.3 percent less than men, and
Whereas, the report quoted experts’ speculation about continued discrimination against female workers and a causal link with an outdated work life structure, and
Whereas, according to an analysis of data in over 300 classifications provided by the U.S. Bureau of Labor Statistics in 2001, women earn less in every occupational classification for which enough data is available, including occupations dominated by women such as cashiers, retail sales, registered nurses, and teachers, and
Whereas, workers are retaliated against for sharing wage information, and
Whereas, wage inequities result in a significant reduction in retirement income because both Social Security and traditional pension formulas are calculated based on earnings and the amount paid into the system, and
Whereas, currently, women retirees receive only onehalf the average pension benefits that men receive, and
Whereas, in 2002, the wage gap (or women’s full-time annual earnings as a percentage of men’s) in Vermont was 80.5 percent, and nationally, the wage gap results in a loss of $200 billion in annual income for American families, and
Whereas, lower wages for women can readily force them onto public assistance, especially when they support children, and
Whereas, women and men as equal partners in Vermont’s economy would dramatically raise family income and reduce poverty rates, and
Whereas, equal pay for equal work is at the heart of economic security for every Vermont woman and her family, and
Whereas, April is symbolic of the time in the following year that a woman must work to earn the wages paid to a man in the previous year, and
Whereas, to promote public awareness of this continuing problem, April 20, 2004 has been designated as Equal Pay Day, and
Whereas, the goal of equal pay for equal work and the battle against wage discrimination must continue to be a priority for us all, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly, in commemoration of Equal Pay Day, reaffirms its continuing support that all workers, regardless of gender, should be compensated at equal pay levels for equal work, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the Commission on Women, to the Vermont Federation of Business and Professional Women and to the members of the Vermont Congressional Delegation.
Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.
Senate Resolution Placed on Calendar
S.R. 26.
Senate resolution of the following title was offered, read the first time and is as follows:
By Senators Bartlett, Campbell, Sears, Snelling, Ayer, Bloomer, Canns, Collins, Condos, Cummings, Doyle, Gander, Gossens, Greenwood, Kittell, Leddy, Lyons, MacDonald, Maynard, Mayo, Miller, Mullin, Munt, Scott, Shepard, Welch and White,
S.R. 26. Senate resolution in observance of National Crime Victims’ Rights Week.
Whereas, the year 2004 marks the fourth anniversary of the commemoration of National Crime Victims’ Rights Week, and
Whereas, all crime victims suffer violation of their persons, property, and trust, and last year over 66,000 Vermonters reported being victimized by crime, and
Whereas, policymakers in Vermont have recognized and embraced the need to empower crime victims and seek to make victims the center of state policy in our criminal and juvenile justice systems, and
Whereas, members of the general public, in both their professional roles as clergy, educators, employers, medical professionals, and public servants and as volunteer community members work to support and help crime victimssurvivors in their recovery, and we gratefully acknowledge their dedication and service, and
Whereas, within Vermont, important public and private partnerships have been forged among criminal and juvenile justice agencies, allied professionals, and social service providers to ensure that crime victims are treated with the dignity and respect they deserve, and
Whereas, the victims’ rights movement in Vermont has expanded community-based efforts to build community while helping victims-survivors rebuild their lives, now therefore be it
Resolved by the Senate:
That this legislative body recognizes the courage and selflessness of members of the Vermont Victim/Survivor of Crime Council who have turned personal tragedy into a motivation force to improve the rights and treatment of other victims of crime and build a better, more just community in Vermont and the nation, and be it further
Resolved: That this legislative body recognizes the importance of ensuring that crime victims are afforded the greatest possible right to participate in their criminal justice process and encourages efforts to achieve this important goal, both during National Crime Victims’ Rights Week, which will be observed April 18 through 24, and throughout the year, and be it further
Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to Judy Rex, Executive Director of the State of Vermont Center for Crime Victim Services in Waterbury.
Thereupon, in the discretion of the President, under Rule 51, the resolution was placed on the Calendar for action tomorrow.
Consideration Postponed
H. 35.
House bill entitled:
An act relating to child support, custody, and visitation.
Was taken up.
Thereupon, without objection consideration of the bill was postponed until the next legislative day.
Bill Passed in Concurrence with Proposals of Amendment
H. 737.
House bill of the following title was read the third time and passed in concurrence with proposals of amendment:
An act relating to long-term car insurance.
Third Reading Ordered
H. 642.
Senator Shepard, for the Committee on Finance, to which was referred House bill entitled:
An act relating to charitable solicitations.
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.
Proposal of Amendment; Third Reading Ordered
H. 397.
Senator Collins, for the Committee on Transportation, to which was committed House bill entitled:
An act relating to the operation of snowmobiles.
Reported recommending that the Senate propose to the House to amend the bill in Sec. 4, 23 V.S.A. § 3206(b)(22)(C) and (23)(C), in both instances by striking out the words “or emergency use by fire service personnel” and by inserting before the words “or private individuals” the following: emergency use by fire service personnel defined in 20 V.S.A. § 3151,
And that the bill ought to pass in concurrence with such proposal of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the proposal of amendment was agreed to.
Thereupon, pending the question, Shall the bill be read the third time?, Senator Sears, on behalf of the Committee on Judiciary, moved that the Senate propose to the House to amend the bill as follows:
First: By adding a new section, to be numbered Sec. 3, to read as follows:
Sec. 3. 23 V.S.A. §3206(b)(9) is amended to read:
(9)(A) In any manner intended or could reasonably be expected to harass, drive or pursue any wildlife; or
(B) In any manner intended to cause an animal undue pain or suffering.
Second: By striking out Sec. 5 in its entirety and inserting in lieu thereof a new Sec. 5 to read as follows:
Sec. 5. 23 V.S.A. § 3207 is amended to read:
§ 3207. PENALTIES AND REVOCATION OF REGISTRATION; SWI; PRIVILEGE; SUSPENSION; CRIMINAL PENALTY
* * *
(c) A person who violates any of the following sections of this title shall be subject to a fine of $110.00 $135.00 for each violation:
§ 3202, operation of an unregistered snowmobile
§ 3204(b), misuse of manufacturer’s/seller’s registration
§ 3205(a), alterations made to headlight lenses
§ 3206(a), permitting operation of an unregistered snowmobile
§ 3206(b)(5), private land or private body of water
§ 3206(b)(6), natural area
§ 3206(b)(17), operation of a snowmobile in an unreasonable manner
§ 3206(b)(18)(D), failure to display commercial identification
§ 3206(b)(19), liability insurance
§ 3206(b)(20), trail access limited
§ 3206(b)(21), failure to wear proper protective headgear
(d) A person who violates any of the following sections of this title shall be subject to a fine of $300.00 for each violation:
§ 3204(b) misuse of manufacturer’s/seller’s registration
§ 3205(b) operation with an improper muffling device
§ 3206(b)(5) private land or private body of water
§ 3206(b)(10) harassing wildlife
§ 3206(b)(13) reckless operation
§ 3206(b)(16) operation after privilege suspended
§ 3206(b)(17) operation after privilege suspended of a snowmobile in unreasonable manner
§ 3206(b)(19)(C)§ 3206(b)(18)(C) display of improper TMA by a snowmobile used in a commercial operation
§ 3206(b)(18)(D) failure to display commercial identification
§ 3209 defacing numbers on snowmobiles
§ 3209a defacing trail signs
§ 3211 leaving scene of an accident
§ 3212 attempting to elude law enforcement officer
(e)(1) Snowmobiling while intoxicated; privilege suspension. Any person who is convicted of violating section 3207a of this title shall have his or her privilege to operate a snowmobile suspended for a period of one year and until the person complies with section 1209a of this title.