House Calendar
FRIDAY, FEBRUARY 23, 2001
52nd DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Committee Bills for Second Reading
H. 307
An act relating to redevelopment of contaminated properties.
(Rep. Follett of Springfield will speak for the Committee on Commerce.)
H. 308
An act relating to clarifying, updating and making minor alterations to the Vermont election laws.
(Rep. Crowley of West Rutland will speak for the Committee on Local Government.)
Amendment to be offered by Rep. Crowley of West Rutland to H. 308
Moves the bill be amended on page 8, line 20, by underlining the word “casts”
Favorable with Amendment
H. 23
An act relating to wine tastings by manufacturers or rectifiers in second class license establishments.
Rep. Rogers of Castleton, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 7 V.S.A. § 2(32) is added to read:
(32) “Wine tasting permit”: a permit granted by the liquor control board to a manufacturer or rectifier of vinous beverages that authorizes the holder to conduct an event on the premises and at the request of a second class licensee or at a farmers’ market during which the permit holder may dispense without charge to retail customers of legal age vinous beverages that have been produced in Vermont by the manufacturer or rectifier. The permit holder may dispense no more than two ounces of any single wine and no more than a total of six ounces of various wines to any one customer, and may serve no more than four customers at one time. The event shall be conducted within an area that is clearly delineated by barriers that extend no further than 10 feet from the point of service. The board may issue a permit to a manufacturer or rectifier in good standing, provided the applicant has submitted to the department a written application in a form required by the department accompanied by the permit fee of $15.00 at least 15 days prior to the date of the event. No more than one wine tasting per day may be conducted on the premises of any second class licensee. The department shall issue no more than four wine tasting permits per month to any one manufacturer or rectifier.
Sec. 2. SUNSET
This act shall terminate on July 1, 2003.
(Committee vote: 10-1-0)
Rep. Rusten of Halifax, for the Committee on Ways and Means, recommends the bill ought to pass when amended as recommended by the Committee on General, Housing and Military Affairs.
(Committee Vote: 10-0-1)
H. 29
An act relating to the date of calculation of payments to or from the education fund.
Rep. Carey of Chester, for the Committee on Education, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 16 V.S.A. § 4027 is amended to read:
§ 4027. DETERMINATION OF YIELD AMOUNT AND AMOUNTS DUE TO OR FROM THE EDUCATION FUND
* * *
(c) For purposes of this calculation, if, by June 1, any school district has failed to adopt a budget for the school year beginning the next July 1, the commissioner shall use the local education spending portion of the school district’s most recently adopted budget. If a union school district or joint contract district of which the school district is a member has failed to adopt a budget by June 1, the commissioner shall use the most recently adopted union or joint contract budget allocated according to the current year’s apportionment, to determine the assessment portion of local education spending. If a school district, union school district or joint contract district subsequently adopts a budget in a different amount,
(1) a district which is due money from the fund shall receive the lesser of the amount due based on the former year’s budget or the amount due based on the actual budget voted; and
(2) district which is required to pay money into the fund shall pay the greater of the amount due based on the former year’s budget or the amount due based on the actual budget voted.
(d) On or before, June 30, the commissioner of education shall inform each school district which has, by May 1, voted a budget with local education spending in excess of the general state support grant and for which no petition for reconsideration has been filed, how much it will owe to the education fund or how much it will receive from the fund. If a petition for reconsideration has been filed, or the district has not voted a budget by May 1, and subsequently votes a budget with local education spending in excess of the general state support grant, the commissioner shall inform the district how much it will owe to or receive from the fund within 10 days of receiving a report from the superintendent pursuant to subsection (e) of this section.
(e) Annually, on or before June 1, each superintendent shall report to the department of education, on a form prescribed by the commissioner, each local education budget adopted which was adopted by May 1 for the following fiscal year by the member districts of the supervisory union and for which no petition for reconsideration has been filed. A superintendent shall report a budget adopted following May 1, to the department of education, between 30 to 40 days following adoption, or, if a petition for reconsideration has been filed, within 10 days of final adoption of the budget.
(Committee vote: 10-0-1)
Favorable
H. 202
An act relating to the authorization of appointment of proxies by electronic transmission.
Rep. Bostic of St. Johnsbury, for the Committee on Commerce, recommends the bill ought to pass.
( Committee Vote: 10-0-1)
For Action Under Rule 52
J. R. H. 49
Joint resolution honoring the 10th anniversary of the Institute for Sustainable Communities.
J. R. H. 50
Joint resolution in memory of Montpelier High School coach Lenny Drew.
J. R. H. 51
Joint resolution recognizing February 23rd as Hunger Awareness Day.
J. R. H. 52
Joint resolution honoring the Bennington United States Postal Service employees for their public spiritedness and leadership as community volunteers.
J. R. S. 30
Joint resolution providing for a Joint Assembly to vote on the retention of three Superior Court Judges and five District Judges.
J. R. S. 31
Joint resolution honoring Andrew T. Cutting of Troop 232, White River Junction upon his attainment of the rank of Eagle Scout.
J. R. S. 32
Joint resolution honoring Evan E. Hodge of Stowe for his outstanding public service as a federal and state firearms-toolmarks examiner.
(For text see House Journal February 22, 2001)
NOTICE CALENDAR
Committee Bill for Second Reading
H. 318
An act relating to unclaimed evidence of a fish and wildlife violation.
(Rep. Fisher of Lincoln will speak for the Committee on Fish, Wildlife and Water Resources.)
Favorable with Amendment
H. 47
An act relating to professional corporations.
Rep. Rosenquist of Georgia, for the Committee on Commerce, recommends the bill be amended as follows:
On page 19, following line 14, by inserting § 881 to read:
§ 881. COMPLIANCE WITH OWNERSHIP PROVISIONS
Notwithstanding the ownership limitations imposed by this chapter, persons who are authorized pursuant to Title 26, chapter 1 to own shares of an organization rendering licensed accounting services may own shares of a professional corporation pursuant to section 830 of this chapter, and such organizations with nonlicensee owners shall be deemed to comply with sections 840, 860, 861 and 871 of this chapter by complying with the ownership and governance requirements of Title 26, chapter 1.
(Committee vote: 9-1-1)
H. 186
An act relating to the licensing of insurance producers.
Rep. Dakin of Colchester, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 8 V.S.A. chapter 131 is redesignated to read:
Chapter 131. Agents and Brokers, Managing General Agents, Reinsurance Intermediaries, and Producer Controlled Insurers Licensing Requirements
Sec. 2. 8 V.S.A. chapter 131, subchapter 1 is redesignated to read:
Subchapter 1. Agents and Brokers Producers
Sec. 3. 8 V.S.A. § 4791 is amended to read:
§ 4791. Definitions
For the purposes of this subchapter chapter:
(1) “Insurance agent” means an individual appointed by an insurer to solicit applications for a policy of insurance or to negotiate a policy of insurance on its behalf and if authorized to do so by an insurer to effectuate, issue, and countersign such a policy. It shall also include any person who solicits memberships or negotiates policies of insurance on behalf of a health maintenance organization. For the purposes of this chapter, products sold by health maintenance organizations shall be deemed to be insurance, and health maintenance organizations shall be deemed to be insurers. An individual, partnership or corporation, not duly licensed as an insurance agent, insurance broker, surplus lines insurance broker or limited insurance representative, who solicits insurance policies on behalf of an insurer shall be an insurance agent within the intent of this chapter, and shall be liable for all the duties, requirements, liabilities and penalties to which an insurance agent of the company is subject, and the company by compensating the person through any of its officers, agents or employees for soliciting policies of insurance shall accept and acknowledge that person as its agent in such a transaction.
(2) “Insurance broker” means any individual who, for compensation, not being a licensed agent for the company in which a policy of insurance is placed, acts or aids in any manner in negotiating contracts for insurance or placing risks or effecting insurance for a party other than himself. An individual, partnership or corporation not licensed as an insurance broker who solicits a policy of insurance on behalf of others or transmits for others an application for a policy of insurance to or from an insurance company, or offers or assumes to act in the negotiations of insurance, shall be an insurance broker within the intent of this chapter, and shall be liable for all the duties, requirements, liabilities and penalties to which licensed brokers are subject.
(3)(1) “Surplus lines insurance broker” means an individual who solicits, negotiates or procures a policy of insurance in an insurance company not licensed to transact business in this state which cannot be procured from insurers licensed to do business in this state. All transactions under the license shall be subject to the provisions of this title. Nothing contained in this chapter shall prevent a surplus lines insurance broker from assigning or transferring all or part of his or her commissions or compensation to any broker producer duly licensed under the provisions of this chapter.
(4) “Limited insurance representative” means an individual or partnership who is authorized by the commissioner to solicit or negotiate contracts for a particular line of insurance or for certain restricted insurance activities which the commissioner may by regulation deem essential for the transaction of business in this state and which does not require the professional competency demanded for an insurance agent’s or insurance broker’s license.
(5)(2) “Consultant” means an individual, resident or nonresident who, for a fee, holds himself or herself out to the public as engaged in the business of offering any advice, counsel, opinion or service with respect to the benefits, advantages or disadvantages promised under any policy of insurance that could be issued in this state.
(6)(3) “Adjuster” means any person who investigates claims and negotiates settlement of claims arising under policies of insurance in behalf of insurers under such policies, or who advertises or solicits business from insurers as an adjuster. Lawyers settling claims of clients shall not be considered an adjuster. A license as an adjuster shall not be required of an official or employee of a domestic fire or casualty insurance company or of a duly licensed resident insurance agent producer of a domestic or duly licensed foreign insurer who is authorized by such insurer to appraise losses under policies issued by such insurer.
(7)(4) “Public adjuster” means any person who investigates claims and negotiates settlement of claims arising under policies of insurance in behalf of the insured under such policies or who advertises or solicits business as such adjuster. Lawyers settling claims of clients shall not be deemed to be insurance public adjusters.
(8)(5) “Appraiser” means any person who, for compensation, appraises the loss or damage under policies of automobile insurance on the behalf of the insurers under such policies. A license as an appraiser will not be required of an official or employee of a domestic fire or casualty insurance company or of a duly licensed resident insurance agent producer of a domestic or duly admitted foreign insurer who is authorized by such insurer to appraise losses under policies issued by such insurer. A license will not be required of an automobile repair shop or repair facility which makes an appraisal at the request of the insured or insurer.
(6) “Insurance producer” means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance.