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Journal of the Senate Journal of the Senate ________________ FRIDAY, JUNE 26, 2020 Pursuant to the Senate Rules, in the absence of the President, the Senate was called to order by the President pro tempore. Devotional Exercises A moment of silence was observed in lieu of devotions. Roll Call The roll of the Senate was thereupon called by the Secretary, John H. Bloomer, Jr., and it appeared that the following Senators were present. Addison District Senator Christopher A. Bray Senator Ruth Ellen Hardy Bennington District Senator Brian A. Campion Senator Richard W. Sears, Jr. Caledonia District Senator Joseph C. Benning Senator M. Jane Kitchel Chittenden District Senator Timothy R. Ashe Presiding Senator Philip E. Baruth Senator Deborah J. Ingram Senator Virginia V. Lyons Senator Christopher A. Pearson Senator Michael D. Sirotkin Essex-Orleans District Senator Robert A. Starr Franklin District Senator Randoph D. Brock Senator Corey. J. Parent Grand Isle District Senator Richard T. Mazza Lamoille District Senator Richard A. Westman Orange District Senator Mark A. MacDonald Rutland District Senator Brian P. Collamore Senator Cheryl Mazzariello Hooker Senator James L. McNeil 1076 Printed on 100% Recycled Paper FRIDAY, JUNE 26, 2020 1077 Washington District Senator Ann E. Cummings Senator Andrew J. Perchlik Senator Anthony Pollina Windham District Senator Rebecca A. Balint Senator Jeanette K. White Windsor District Senator Alison Clarkson Senator Richard J. McCormack Senator Alice W. Nitka Bills Referred House bills of the following titles were severally read the first time and referred: H. 833. An act relating to the interbasin transfer of surface waters. To the Committee on Natural Resources and Energy. H. 880. An act relating to Abenaki place names on State park signs. To the Committee on Institutions. Rules Suspended; Third Reading Ordered H. 963. Appearing on the Calendar for notice, on motion of Senator Balint, the rules were suspended and House bill entitled: An act relating to sunsets related to judiciary procedures. Was taken up for immediate consideration. Senator Sears, for the Committee on Judiciary, to which the bill was referred, 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; Bill Passed in Concurrence with Proposals of Amendment H. 572. House bill entitled: An act relating to the Maternal Mortality Review Panel. Was taken up. 1078 JOURNAL OF THE SENATE Thereupon, pending third reading of the bill, Senators Balint, Hardy and Ingram moved to amend the Senate proposal of amendment as follows: First: In Sec. 1, 18 V.S.A. § 1552, in subsection (a), by inserting the following sentence at the end of the subsection: The Panel shall consider health disparities and social determinants of health, including race and ethnicity in maternal death reviews. Second: In Sec. 1, 18 V.S.A. § 1552, in subsection (g), by inserting after “Health and Welfare” and before the period the phrase , provided that releasing the information complies with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 Which was agreed to. Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment. Bill Passed in Concurrence with Proposal of Amendment H. 688. House bill of the following title: An act relating to addressing climate change. Was read the third time and passed in concurrence with proposal of amendment, which was agreed to on a roll call, Yeas, 23, Nays 5. Senator Sears having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Balint, Baruth, Bray, Campion, Clarkson, Cummings, Hardy, Hooker, Ingram, Kitchel, Lyons, MacDonald, Mazza, McCormack, McNeil, Nitka, Pearson, Perchlik, Pollina, Sears, Sirotkin, Westman, White. Those Senators who voted in the negative were: *Benning, Brock, Collamore, Parent, Starr. Those Senators absent or not voting were: Ashe (presiding), Rodgers. *Senator Benning explained his vote as follows: Mr. President: “I have no doubt I will be labeled a climate change denier because I am about to vote against a bill entitled “Global Warming Solutions Act.” But I am not a climate change denier and I do believe green house gasses must be reduced. This bill does not do that. FRIDAY, JUNE 26, 2020 1079 “There are two components to this bill. The first involves development of a plan. I have no problem with that because we need one. “The second involves enforcement of regulations yet unknown which we ourselves have failed to create. We have ceded that responsibility to the Agency of Natural Resources. The amendment to this bill yesterday strips ANR of the resources and personnel needed to do that. In short, they have been set up to fail. “It is for those reasons I vote against this bill.” Bill Passed in Concurrence H. 716. House bill of the following title was read the third time and passed in concurrence: An act relating to Abenaki hunting and fishing licenses. Rules Suspended; Third Reading Ordered H. 837. Appearing on entry on the Calendar for notice, on motion of Senator Balint, the rules were suspended and House bill entitled: An act relating to enhanced life estate deeds. Was taken up for immediate consideration. Senator Benning, for the Committee on Judiciary, to which the bill was referred, 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. Rules Suspended; Proposal of Amendment; Third Reading Ordered H. 656. Appearing on the Calendar for notice, on motion of Senator Balint, the rules were suspended and House bill entitled: An act relating to miscellaneous agricultural subjects. Was taken up for immediate consideration. 1080 JOURNAL OF THE SENATE Senator Hardy, for the Committee on Agriculture, reported recommending 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: * * * Commercial Feed * * * Sec. 1. 6 V.S.A. § 324 is amended to read: § 324. REGISTRATION AND FEES (a) No person shall manufacture a commercial feed in this State unless that person has first filed with the Vermont Agency of Agriculture, Food and Markets, in a form and manner to be prescribed by rules by the Secretary: (1) the name of the manufacturer; (2) the manufacturer’s place of business; (3) the location of each manufacturing facility; and (4) any other information which that the Secretary considers to be necessary. (b) A person shall not distribute in this State a commercial feed that has not been registered pursuant to the provisions of this chapter. Application shall be in a form and manner to be prescribed by rule of the Secretary. The application for registration of a commercial feed shall be accompanied by a registration fee of $105.00 per product. The registration fees, along with any surcharges collected under subsection (c) of this section, shall be deposited in the special fund created by subsection 364(e) of this title. Funds deposited in this account shall be restricted to implementing and administering the provisions of this title and any other provisions of the law relating to fertilizer, lime, or seeds. If the Secretary so requests, the application for registration shall be accompanied by a label or other printed matter describing the product. (c) No person shall distribute in this State any feed required to be registered under this chapter upon which the Secretary has placed a withdrawal from distribution order because of nonregistration. A surcharge of $10.00, in addition to the registration fee required by subsection (b) of this section, shall accompany the application for registration of each product upon which a withdrawal from distribution order has been placed for reason of nonregistration, and must be received before removal of the withdrawal from distribution order. (d) No person shall distribute a commercial feed product in the State that is labeled as bait or feed for white-tailed deer. FRIDAY, JUNE 26, 2020 1081 * * * Livestock Management * * * Sec. 2. 6 V.S.A. § 768 is amended to read: § 768. DUTIES OF DEALERS, TRANSPORTERS, AND PACKERS A livestock dealer, transporter, or packer licensed under section 762 of this title shall: (1) Maintain in a clean and sanitary condition all premises, buildings, and conveyances used in the business of buying, selling, or transporting livestock or operating a livestock auction or sales ring. (2) Submit premises, buildings, and conveyances to inspection and livestock to inspection and test at any and such times as the Secretary may deem it necessary and advisable. (3) Allow no livestock on livestock dealer’s premises from herds or premises quarantined by the Secretary of Agriculture, Food and Markets. (4)(A) Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include: (i) all livestock purchased, repossessed, sold, or loaned by a livestock dealer, transporter, or packer; (ii) the complete name and address of the person from whom livestock was obtained and to whom delivered; and (iii) the official individual identification number that is required to be applied to each livestock under the requirements of sections 1460, 1461, and 1461a of this title. (B) For equine livestock, the requirements for the records to be maintained and the method of individual identification are set forth under chapter 102, subchapter 2 of this title.
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