Senate Calendar
WEDNESDAY, MAY 16, 2001
134th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Unfinished Business of Thursday, May 10, 2001
Second Reading
Favorable with Proposal of Amendment
H. 229.
An act relating to the underground utility damage prevention system.
Reported favorably with recommendation of proposal of amendment by Senator Cummings for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: In Sec. 2, subsection (d) of § 7004 of 30 V.S.A., in the second sentence, by striking out “and is not required for signs installed by the Vermont agency of transportation or agents thereof”
Second: By striking out Sec. 4 in its entirety
(Committee Vote: 6-0-1)
(For House amendments, see House Journal for February 28, 2001, page 325.)
Unfinished Business of Monday, May 14, 2001
Second Reading
Favorable with Proposal of Amendment
H. 119.
An act to amend and clarify certain provisions of the uniform commercial code.
Reported favorably with recommendation of proposal of amendment by Senator Crowley for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: By adding a new Sec. 1a to read as follows:
Sec. 1a. 9A V.S.A. § 9-109(c) is amended to read:
§ 9-109. SCOPE
* * *
(c) This article does not apply to the extent that:
(1) a statute, regulation, or a treaty of the United States expressly preempts this article;
(2) another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state;
(3)(2) a statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or
(4)(3) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 5-114.
Second: By adding a new Sec. 1b to read as follows:
Sec. 1b. 9A V.S.A. § 9-109(d)(14) is amended to read:
(14) a transfer by a government this state or a government subdivision or, agency, department, county, municipality, or other unit of the government of this state;
Third: In Sec. 12, in § 9-707 of 9A V.S.A., by striking subdivisions (c)(2) and (3) and subsection (e) in their entirely and inserting in lieu thereof the following:
(2) an amendment is filed in the office specified in Section 9-501 of this article as in effect on and after July 1, 2001 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9706(b) of this article; or
(3) an initial financing statement that provides the information as amended, and satisfies Section 9-706(b) of this article, is filed in the office specified in Section 9-501 of this article as in effect on and after July 1, 2001.
(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this state may be terminated after July 1, 2001 by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless as initial financing statement that satisfies Section 9-706(b) of this article has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this article as in effect on and after July 1, 2001, as the office in which to file a financing statement.
Fourth: By adding a Sec. 13 to read as follows:
Sec. 13. 27A V.S.A. § 3-116(b)(3) is amended to read:
(3) liens for real estate taxes and other governmental assessments or charges against the unit. The lien is also prior to all security interests described in subdivision (2) of this subsection to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to subsection 3-115(a) of this title which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association. A lien under this section is not subject to the provisions of Article 3 of this title chapter 3 of Title 27.
(Committee Vote: 6-0-1)
(For House amendments, see House Journal for February 14, 2001, page 243.)
House Proposal of Amendment
S. 66
An act relating to the department of motor vehicles administering polygraph examinations and authorizing certain department employees to issue traffic complaints.
The House proposes to the Senate to amend the bill by striking out Sec. 2 in its entirety and inserting in lieu thereof the following:
Sec. 2. 23 V.S.A. § 4(11) is amended to read:
Except as may be otherwise provided herein, and unless the context otherwise requires in statutes relating to motor vehicles and enforcement of the law regulating vehicles, as provided in this title and part 5 of Title 20, the following definitions shall apply:
* * *
(11) "Enforcement officers" shall include sheriffs, deputy sheriffs, constables, police officers, state's attorneys, capitol police officers, motor vehicle inspectors, state game wardens and state police; and, for enforcement of offenses relating to parking of motor vehicles, meter checkers and other duly authorized employees of a municipality employed to assist in the enforcement of parking regulations. “Enforcement officers” shall also include duly authorized employees of the department of motor vehicles for the purpose of issuing complaints related to their administrative duties, for enforcement of nonmoving traffic violations enumerated in subdivisions 2302(a)(1), (2), (3), and (4) of this title, pursuant to 4 V.S.A. § 1105;
PROPOSAL OF AMENDMENT TO HOUSE PROPOSAL OF AMENDMENT TO S. 66 TO BE OFFERED BY SENATOR ILLUZZI
Senator Illuzzi moves that the Senate concur in the House proposal of amendment with the following amendment thereto:
By inserting a new section to be numbered Sec. 3 to read as follows:
Sec. 3. 23 V.S.A. §4 (21) is amended to read:
(21) "Motor vehicle" shall include all vehicles propelled or drawn by power other than muscular power, except tractors used entirely for work on the farm, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, all-terrain vehicles or implements of husbandry, or tracked vehicles; however, notwithstanding any provision of law to the contrary, for purposes of sections 1012, 1013, 1071, 1074, 1091, 1094, 1128, 1133, subchapter 2, subchapter 4 and subchapter 13 of this title, a snowmobile or an all-terrain vehicle shall be considered a motor vehicle.
Unfinished Business of Tuesday, May 15, 2001
Second Reading
House Proposal of Amendment
S. 200
An act relating to the provision of money services and funded settlements at real estate closings.
The House proposes to the Senate to amend the bill as follows:
First: On page 20, lines 5 and 6, in Sec. 1, 8 V.S.A. § 2517(a)(2), by striking out “money transmission” and inserting in lieu thereof check cashing and currency exchange
Second: On page 28, line 16, in Sec. 1, 8 V.S.A. § 2532(b), by striking out “30” and inserting in lieu thereof 60
Third: In Sec. 5, before the beginning of the second sentence, by inserting the following: This section and
(No Senate amendments)
Joint House Resolution for Action
J.R.H. 128
Joint resolution urging speedy resolution of the siting problems associated with the proposed World War II memorial.
(For text of resolution, see Senate Journal for Monday, May 14, 2001, page 847)
NOTICE CALENDAR
Favorable with Proposal of Amendment
H. 214.
An act relating to distribution of regulated drugs.
Reported favorably with recommendation of proposal of amendment by Senator Campbell for the Committee on Judiciary.
The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. STATEMENT OF PURPOSE
The purpose of this act is to respond to the growing threats posed by the drug Ecstasy and by date rape drugs. Young people, particularly teenagers who have run away from home, are especially vulnerable to the dangers created by these drugs. Therefore, in order to provide heightened protection for minors and for the public at large, this bill criminalizes possession and distribution of Ecstasy and date rape drugs.
Sec. 2. 18 V.S.A. § 4201 is amended to read:
§ 4201. DEFINITIONS
As used in this chapter, unless the context otherwise requires:
* * *
(6) “Depressant or stimulant drug” means:
(A) any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid, which is designated as habit forming because of its effect on the central nervous system in the regulations adopted by the board of health under section 4202 of this title;
(B) any drug which contains any quantity of amphetamine or any of its optical isomers, any salt or amphetamine or any salt of an optical isomer of amphetamine, which the board of health so designates by such regulation as habit forming because of its effect on the central nervous system; and
(C) gamma hydroxybutyric acid, including its salts, isomers, or salts of isomers;
(D) gamma butyrolactone, including 4-butyrolactone and gamma hydroxybutyric acid lactone, including its salts, isomers, or salts of isomers, when packaged, marketed, manufactured or intended for human consumption;
(E) ketamine, including its salts, isomers, or salts of isomers;
(F) flunitrazepam, including its salts, isomers, or salts of isomers; and
(G) any drug which contains any quantity of a substance which the board of health so designates by such regulation as having a serious potential for abuse arising out of its effect on the central nervous system.
* * *
(29) “Regulated drug” means:
(A) a narcotic drug,;
(B) a depressant or stimulant drug,;
(C) a hallucinogenic drug,;
(D) Ecstasy; or
(E) marijuana.
* * *
(38) “Ecstasy” means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or salts of isomers.
Sec. 3. 18 V.S.A. § 4235a is added to read:
§ 4235a. ECSTASY
(a) Possession.
(1) A person knowingly and unlawfully possessing Ecstasy shall be imprisoned not more than one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures or substances containing Ecstasy shall be imprisoned not more than five years or fined not more than $25,000.00, or both.
(3) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures or substances containing Ecstasy shall be imprisoned not more than ten years or fined not more than $100,000.00, or both.
(4) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of seven ounces or more of one or more preparations, compounds, mixtures or substances containing Ecstasy shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.
(b) Sale.
(1) A person knowingly and unlawfully delivering Ecstasy shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling Ecstasy shall be imprisoned not more than five years or fined not more than $100,000.00, or both.
(2) A person knowingly and unlawfully selling or delivering Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures or substances containing Ecstasy shall be imprisoned not more than ten years or fined not more than $250,000.00, or both.
(3) A person knowingly and unlawfully selling or delivering Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures or substances containing Ecstasy shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for April 17, 2001, page 801; April 18, 2001, page 824.)
ORDERED TO LIE
S. 111.
An act relating to emergency care and treatment of an animal.
PENDING ACTION: Second reading.
S. 112.
An act relating to transporting regulated drugs into places of detention.
PENDING ACTION: Second reading.
S. 158.
An act relating to possession, delivery or sale of ecstasy.
PENDING ACTION: Second reading.
S. 197.
An act relating to filing of statements of nomination.
PENDING QUESTION: Shall the bill be read the third time?
CONFIRMATIONS
The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.
Barbara Zander of St. Johnsbury – Magistrate of Family Court – By Senator Leddy for the Committee on Judiciary. (for 2/8)
Patricia McDonald of Berlin – Commissioner of the Department of Personnel – By Senator Doyle for the Committee on Government Operations. (for 3/21)
Sean Campbell of Saxtons River – Commissioner of the Department of Finance and Management – By Senator Bartlett for the Committee on Government Operations. (for 4/10)
Mary Anne Gucciardi of South Burlington – Member of the Employment Security Board – By Senator Munt for the Committee on General Affairs and Housing. (for 4/27)
Conrad C. S. Reining of East Thetford – Member of the Sustainable Jobs Fund Board of Directors – By Senator Corrow for the Committee on General Affairs and Housing. (for 4/27)