Senate Calendar
thursday, may 4, 2006
122nd DAY OF ADJOURNED SESSION
TABLE OF CONTENTS
Page No.
CONSIDERATION POSTPONED UNTIL TUESDAY, MAY 2, 2006
S. 58 Relating to direct shipping of wine and beer 2157
Pending Question: Shall the Senate concur in the House Proposal of Amendment?
Sen. Gander, Illuzzi and White amendment 2157
Sen. Illuzzi amendment 2157
UNFINISHED BUSINESS OF WEDNESDAY, MAY 3, 2006
Third Reading
H. 855 Relating to telecommunications capacity development 2158
Sen. Campbell amendment 2158
Committee Bill for Second Reading
S. 312 Relating to higher education 2158
By the Committee on Education 2158
Appropriations Committee Report 2158
Sen. Shepard amendment 2160
Joint Resolution for Action
JRS 67 Supporting establishment of Taiwan/U.S. free trade agreement 2160
NEW BUSINESS
Second Reading
Favorable
H. 310 Employee ownership of businesses 2160
Ec. Dev., Housing & General Affairs Committee Report 2161
Appropriations Committee Report 2161
Favorable with Proposal of Amendment
H. 28 Establishing guidelines for the use of outdoor lighting 2161
Natural Resources Committee Report 2161
Institutions Committee Report 2161
H. 690 ID/documentation/advancement creative sector of state’s econ. 2162
Ec. Dev., Housing & General Affairs Committee Report 2162
Appropriations Committee Report 2163
Committee Bill for Notice
S. 320 Relating to an appropriation to the legislature 2163
By the Committee on Appropriations 2163
House Proposal of Amendment
S. 267 Relating to placing a security freeze on a credit report 2164
Sen. Sears amendment 2167
S. 285 Disabled adult children/college students on medical leave 2170
House Proposal of Amendment to Senate Proposal of Amendment
H. 480 Relating to precursor drugs of methamphetamine 2173
Committee of Conference Report
H. 238 Min. service retirement allowance for state employees/teachers 2173
Joint Resolution for Action
JRH 76 Promote & Diversify automotive & machine tool sectors 2178
NOTICE CALENDAR
Favorable
H. 879 Relating to universal telecommunications service 2179
Finance Committee Report 2179
H. 885 Amending the charter of the town of St. Johnsbury 2179
Government Operations Committee Report 2179
H. 886 Town of Williamstown and the Williamstown Fire District 2179
Government Operations Committee Report 2179
H. 890 Relating to emergency management and public safety 2179
Government Operations Committee Report 2179
H. 891 Relating to Vermont web portal 2179
Government Operations Committee Report 2179
H. 892 Amending the charter of the town of Windsor 2180
Government Operations Committee Report 2180
Favorable with Proposal of Amendment
H. 227 Relating to safe staffing and quality of patient care 2180
Health and Welfare Committee Report 2180
H. 843 Miscellaneous tax policy amendments 2180
Finance Committee Report 2180
House Proposal of Amendment
S. 88 State labor relations board membership 2197
S. 90 Prescription drugs and substance abuse 2199
Sen. Sears amendment 2205
S. 127 Relating to Vermont housing finance agency 2206
S. 158 Disposition of unclaimed property by the state 2208
S. 228 Price gouging for petroleum 2210
S. 284 Protection of personal information 2211
S. 302 Relating to commercial driver licenses 2226
House Proposal of Amendment to Senate Proposal of Amendment to House Proposal of Amendment
S. 124 Cert. of public good ext. op. license of nuclear power plant 2228
Committee of Conference Report
H. 211 Emissions from diesel-powered commercial motor vehicles 2228
H. 306 Transportation of individuals in the custody of the state 2229
H. 602 Relating to agricultural energy and fuel production 2232
H. 611 Life threatening chronic allergies and illnesses in school 2234
H. 702 Relating to executive branch fees 2235
ORDERED TO LIE
S. 112 Relating to the practice of optometry 2236
S. 157 Relating to rulemaking for Vermont origin 2236
S. 315 Relating to creation of the Vermont Land Bank program 2236
S. 316 Relating to access to broadband services throughout Vermont 2236
S. 319 Relating to expanding the scope of the net metering program 2236
Concurrent Resolutions for Adoption
(For text of Resolutions, see Addendum to May 4, 2006 Calendar
SCR 72 Vt. Insurance Agents Association on its centennial anniversary 237
SCR 73 James Eckhardt small business champion award winner 238
SCR 74 Honoring Rutland City schoolboard chair Dr. Michael Dick 239
SCR 75 Role of sexual assault nurse examiners in health care system 241
SCR 76 In memory of Harold J. Haynes of North Troy 243
SCR 77 Congratulating Sen. “Bobby” Starr 244
SCR 78 Hannah Teter 2006 Olympic snowboarding gold medal winner 246
HCR 324 – 359 247-301
ORDERS OF THE DAY
ACTION CALENDAR
Consideration Postponed until Tuesday, May 2, 2006
S. 58
An act relating to direct shipping of wine and beer.
PENDING QUESTION: Shall the Senate concur in the House proposal of amendment?
(For text of Proposal, see Senate Journal for Friday, April 28, 2006, page 1104)
AMENDMENT TO HOUSE PROPOSAL OF AMENDMENT TO S. 58 TO BE OFFERED BY SENATOR GANDER, ILLUZZI AND WHITE
Senators Gander, Illuzzi and White move that the Senate concur in the House proposal of amendment with further proposals of amendment, as follows:
First: In Sec.1, (Purpose) by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
(a) The primary purpose of this act is to make statutory changes in the Vermont shipping laws so that Vermont will be in compliance with the federal constitutional requirements regarding direct shipping of vinous beverages as laid out in Granholm v. Heald, 544 U.S. 460 (2005). To that end, it is the purpose of this act to authorize both in-state and out-of-state wineries to ship wine to Vermont consumers and retailers on even handed terms. It is further the purpose of this act to restrict sales of alcoholic beverages to underage individuals, collect all state excise and sales tax due on the commerce of alcoholic beverages and ensure a transparent, enforceable and accountable distribution system for alcoholic beverages.
Second: In Sec. 6, 7 V.S.A. §67(a)(2) in the next to last sentence by striking out the words “or at a farmers’ market”
Third: In Sec. 6, 7 V.S.A. §67(a)(2) by striking out the last sentence and inserting in lieu thereof the following: No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees, and no more that 60 wine tasting permits per year for a tasting event held on the premises of a farmers’ market shall be issued to any manufacturer or rectifier.
Fourth: In Sec. 6. 7 V.S.A. §67(b)(1) by striking out the word “four” and inserting in lieu thereof the word “six”
AMENDMENT TO S. 58 TO BE OFFERED BY SENATOR ILLUZZI
Senator Illuzzi moves to amend the proposal of amendment of Senators Gander, Illuzzi, and White as follows:
First: In Sec. 4. 7 V.S.A. §66(c) in the third sentence, by striking out the following: “and does not sell vinous beverages to a licensed wholesale dealer” and by striking out the number “50” and inserting in lieu thereof the number 40
Second: In Sec. 4. 7 V.S.A. §66(d) by striking out subdivision (2) and inserting in lieu thereof the following:
(2) No more than 12 cases containing no more than 72 gallons of vinous beverages to any one Vermont resident in any calendar year.
UNFINISHED BUSINESS OF WEDNESDAY, MAY 3, 2006
Third Reading
H. 855
An act relating to telecommunications capacity development.
MOTION TO RECONSIDER FIRST PROPOSAL OF AMENDMENT TO H. 855 AS OFFERED BY SENATORS ILLUZZI AND DUNNE BEFORE THIRD READING
Senator Campbell moves that the Senate reconsider the First proposal of amendment offered by Senators Illuzzi and Dunne:
The first proposal of amendment read as follows:
“First: In Sec. 6(a) in the first sentence by striking the word “ten” and inserting in lieu thereof the word eleven and after the designees, by inserting the words the state vice-president of Verizon Vermont”
Committee Bill for Second Reading
S. 312
An act relating to higher education.
By the Committee on Education.
Reported favorably with recommendation of amendment by Senator Kitchel for the Committee on Appropriations.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. COMMITTEE ON POSTSECONDARY EDUCATION
(a) The governor, the president pro tempore of the senate and the speaker of the house of representatives shall jointly appoint 12 people to a committee on postsecondary education. Members shall serve without compensation, and the legislative council and the joint fiscal office shall provide staff services.
(b) The committee shall develop a plan which will ensure that Vermonters have the opportunity to receive high quality postsecondary education and are encouraged to live, work, and raise families in Vermont upon completion of postsecondary training. The plan shall seek to:
(1) Integrate Vermont’s secondary and postsecondary workforce training programs with Vermont’s university and college system as well as secondary and postsecondary programs outside Vermont.
(2) Ensure that postsecondary education is affordable for all Vermonters through use of options such as loan repayments, loan forgiveness, tax credits, leveraging federal resources, and scholarships.
(3) Use strategic investments to ensure the financial vitality of the Vermont state college system.
(4) Address the potential for strategic investments in the University of Vermont to stimulate specific economic sectors which are particularly appropriate for or unique to Vermont such as environmental technology.
(c) The plan shall include a funding level for implementation, shall identify a sustainable funding source, and shall include a system for overseeing use of the funds.
(d) On or before January 15, 2007, the committee shall present the plan to the general assembly.
Sec. 2. 16 V.S.A. § 2887 is added to read:
§ 2887. VERMONT POSTSECONDARY EDUCATION FUND
(a) A Vermont postsecondary education fund is established in the office of the state treasurer to be comprised of appropriations made by the general assembly and grants, donations, or contributions from any other sources. The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.
(b) Annually, the general assembly shall appropriate moneys in the postsecondary education fund to support integration of Vermont’s secondary and postsecondary workforce training system with Vermont’s university and college system, to enable Vermonters to attend postsecondary education at an affordable cost to them, to ensure the financial viability of the Vermont state college system, and for strategic investments in the University of Vermont to stimulate specific economic sectors which are particularly appropriate for or unique to Vermont.
Sec. 3. APPROPRIATION
The amount of $5,000,000.00 is appropriated from the fiscal year 2006 general fund surplus into the postsecondary education fund. However, no moneys shall be withdrawn from the fund until a sustainable funding source is identified pursuant to Sec. 1 of this act and has been put in place by the general assembly.
(Committee vote: 6-0-1)
RECOMMENDATION OF AMENDMENT OF THE COMMITTEE ON APPROPRIATIONS TO S. 312 TO BE OFFERED BY SENATOR SHEPARD
Senator Shepard moves to amend the proposal of amendment of the Committee on Appropriations as follows:
In Sec. 1(a), after the word “people” by inserting the following: ,including representatives from both the business and education communities,
Joint Resolution for Action
J.R.S. 67
Joint resolution supporting the establishment of a Taiwan-United States free trade agreement.
(For text of Resolution, see Senate Journal for May 2, 2006, page 1172)
NEW BUSINESS
Second Reading
Favorable
H. 310
An act relating to employee ownership of businesses.
Reported favorably by Senator Dunne for the Committee on Economic Development, Housing and General Affairs.
(Committee vote: 4-0-2)
Reported favorably by Senator Dunne for the Committee on Appropriations.
(Committee vote: 5-0-2)
(For House amendments, see House Journal for March 30, 2006, page 789)
Favorable with Proposal of Amendment
H. 28
An act relating to establishing guidelines for the use of outdoor lighting.
Reported favorably by Senator Snelling for the Committee on Natural Resources and Energy.
(Committee vote: 6-0-0)
Reported favorably with recommendation of proposal of amendment by Senator Scott for the Committee on Institutions.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: In Sec. 1, § 591(c), in the first sentence, by striking out the following: “15-member” and inserting in lieu thereof the following: 20-member
Second: In Sec. 1, § 591(c), in the first sentence, before the phrase: “and one landscape architect recommended by the Vermont Association of Landscape Architects” by inserting the following: a representative of the agency of transportation recommended by the secretary of the agency; a representative of the department of buildings and general services recommended by the commissioner of the department; a representative of the Center for Crime Victims Services (CCVC) recommended by the CCVC; a representative of the Vermont Farm Bureau (VFB) recommended by the VFB; a representative of the Vermont Agricultural Fairs Association (VAFA) recommended by the VAFA;
Third: In Sec. 1, § 591(c), in the last sentence, by striking out the date “June30, 2006” and inserting in lieu thereof the date June 30, 2007 and after the last sentence by adding a new sentence to read: At its first meeting, the advisory board shall select one of its members to serve as chair.
Fourth: In Sec. 1, § 591(d), in the first sentence, by striking out the date “June30, 2006” and inserting in lieu thereof the date June 30, 2007
Fifth: In Sec. 1, by striking out subsections (f), (g), and (h) in their entirety
Sixth: By striking out Secs. 2, 3, and 4 in their entirety
(Committee Vote: 5-0-0)
(For House amendments, see House Journal for April 12, 2005, page 635; April 13, 2005, page 647).
H. 690
An act relating to the identification, documentation, and advancement of the creative sector of the state’s economy.
Reported favorably with recommendation of proposal of amendment by Senator Miller for the Committee on Economic Development, Housing and General Affairs.
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. Legislative Findings and Intent
(a) The general assembly finds that the heritage, art, culture, innovation, and inventiveness of the people of Vermont are central to the fabric of each Vermont community, and, that collectively, they form the “creative economy” of the state, an economic sector that inspires innovation, creates jobs, and produces revenue throughout the state.