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House Calendar

THURSDAY, FEBRUARY 15, 2007

44th DAY OF BIENNIAL SESSION

House Convenes at 3:00  PM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

               Unfinished Business of Wednesday, February 14, 2007

Third Reading

H. 254  Transfer of Payroll Functions to Finance and Management.................. .92

Committee Bill for Second Reading

H. 274  Adult Foster Care............................................................................... 92

               Rep. Mrowicki for Human Services

Favorable with Amendment

H. 157  Home-Fermented Beverage Competitions........................................... 92

               Rep. Moran for General, Housing, and Military Affairs

Favorable

H. 128  Amendment to Charter of town of Bradford......................................... 94

               Rep. Evans for Government Operations

H. 131  Amendment to Charter of Village of North Troy.................................. 94

               Rep. Clark for Government Operations

   Action Postponed Until Thursday, February 15, 2007

H. 137    Department Restoration  and a Commissioner of Mental Health.. .94

               Rep. Devereux for Government Operations........................................ 95

NEW BUSINESS

Committee Bills for Second Reading

H. 294  Relating to Executive Branch Fees....................................................... 95

               Rep. Branagan for Ways and Mean

H. 302  Relating to Fiscal Year 2007 Budget Adjustments................................ 96

               Rep. Heath for the Committee on Appropriations

 

Favorable with Amendment

H. 88  Education Property Tax Rate Adjustments............................................. 96

               Rep. Peterson for Ways and Means

               Rep. Larson for Appropriations

               Amendment by Reps. Adams and Komline........................................ 96

NOTICE CALENDAR

Favorable with Amendment

H. 15  Relating to a Statewide School Year Calendar....................................... 96

               Rep. Mook for the Committee on Education

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 40  In Memory of Brian Lawrence Wrigley.......................................... 99

H.C.R. 41  Honoring Joyce Wyman for Local and Public Service..................... 99

H.C.R. 42  In memory of Seward Weber........................................................ 99

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

     Unfinished Business of Wednesday, February 14, 2007

     Third Reading

H. 254

An act relating to the transfer of payroll functions from the Department of Human Resources to the Department of Finance and Management.

Committee Bill for Second Reading

H. 274

An act relating to adult foster care.

(Rep. Mrowicki of Putney will speak for the Committee on Human Services.)

Favorable with Amendment

H. 157

An act relating to home-fermented beverage competitions.

Rep. Moran of Wardsboro for the Committee on General, Housing and Military Affairs, recommends the bill be amended as follows:

Sec. 1.  7 V.S.A. § 65 is amended to read:
§ 65.  HOME‑FERMENTED MALT AND VINOUS BEVERAGES;

          TASTING EVENT

(a)  A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home‑fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§ 5053 and 5042.

(b)  Home‑fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home‑fermented beverages, provided all the following conditions are met:

(1)  The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event.  The notice shall include a description of the delineated area in which the tastings will be offered, and in the case of a competition, the names of the judges hired by the sponsor.

(2)  The public is not charged a fee for the tastings or for admission to the event, exhibition or competition.  However, the sponsor may charge a fee to the producers of home‑fermented beverages for their participation in the event.

(3)  Tastings of home‑fermented beverages are offered only within the delineated area specified in the notice to the department.

(4)  The No home‑fermented beverages are served only to individuals of legal age may be sold or offered for sale to the public, and all unused home‑fermented beverages shall be disposed of by the permit holder.

(5)  No home‑fermented beverages are served to any individual who is apparently under the influence of alcohol  The event will be conducted in compliance with all the requirements of this title.

(6)  No more than two ounces of any single vinous beverage and no more than four ounces of any single malt beverage is provided to any individual for tasting.

(7)   The sponsor has provided an individual who has successfully completed the department’s enforcement seminar within the preceding three years to be present at all times to monitor the event and ensure compliance with applicable rules and provisions of this chapter.

* * *

Sec. 2.  7 V.S.A. § 225 is amended to read:

§ 225.  EDUCATIONAL SAMPLING EVENT PERMIT

(a)  The liquor control board may grant an educational sampling event permit to a person to conduct an event that is open to the public and at which malt, vinous, or spirituous liquors or all three are served only for the purposes of marketing and educational sampling, provided the event is also approved by the local licensing authority.  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00.  At least 15 days prior to the event, an applicant shall submit an application to the department in a form required by the department.  The application shall include a list of the alcoholic beverages to be acquired for sampling at the event, and the application shall be accompanied by a fee in the amount required pursuant to section 231 of this title.  No more than four educational sampling event permits shall be issued annually to the same person.  An educational sampling event permit shall be valid for no more than four consecutive days.  The permit holder shall assure all the following:

(1)  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00. 

(2)  Beverages for sampling shall be offered in glasses that contain no more than two ounces of beverage.

(3)  The event will be conducted in compliance with all the requirements of this title.

(b)  An educational sampling event permit holder:

* * *

(3)  Shall be subject to the requirements of this title.

* * *

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.

 (Committee vote: 8-0-0)

Favorable

H. 128

     An act relating to approval of an amendment to the charter of the town of Bradford.

Rep. Evans of Essex, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

H. 131

     An act relating to approval of an amendment to the charter of the village of North Troy.

Rep. Clark of St. Johnsbury, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Action Postponed Until Thursday, February 15, 2007

Favorable with Amendment

H. 137

     An act relating to the restoration of a Department of Mental Health and a Commissioner of Mental Health.

Pending Action: Second Reading of the bill.

Rep. Devereux of Mount Holly, for the Committee on Government Operations, recommends the bill be amended as follows:

First:  By adding a new Sec. 1 to read:

Sec. 1.  FINDINGS; PURPOSE

(a)  The general assembly finds that there is a need for a separate department of mental health to improve the consideration of mental health issues, for direct access to mental health services, and for advocacy on mental health issues by the executive branch before the general assembly.

(b)  By this act, the general assembly intends that the department of health and the department of mental health continue the coordination and integration of their respective duties.

and by redesignating the existing Sec. 1 as Sec. 1a 

Second:  By striking Sec. 13 in its entirety and inserting in lieu thereof a new Sec. 13 to read:

Sec. 13.  18 V.S.A. § 7207 is added to read:

§ 7207.  COMMISSIONER OF MENTAL HEALTH; APPOINTMENT; QUALIFICATIONS

The secretary shall appoint a commissioner of mental health, as provided in 3 V.S.A. § 3051, who shall be a mental health care professional who has had educational and practical experience in the field of mental health.

Third:  By adding a new Sec. 23 to read:

Sec. 23.  REPORT

On or before January 15, 2008, the secretary of human services, the commissioner of health, and the commissioner of mental health shall jointly report to the general assembly.  The report shall describe the relationship between the commissioner of health and commissioner of mental health and shall evaluate how effectively they and their respective departments cooperate and how effectively the departments have complied with the intent of this act.

 (Committee vote: 11-0-0)

NEW BUSINESS

Committee Bills for Second Reading

H. 294   

An act relating to executive fees.

(Rep. Branagan of Georgia will speak for the Committee on Ways and Means.)

H. 302

An act relating to fiscal year 2007 budget adjustments.

(Rep. Heath of Westford will speak for the Committee on Appropriations.)

Favorable with Amendment

H. 88

     An act relating to education property tax rate adjustments.

Rep. Peterson of  Williston, will speak for the Committee on Ways and Means.

Rep. Larson of Burlington, for the Committee on Appropriations, recommends the bill be amended as follows:

     On page 1, line 19, by striking "$1.39" and inserting in lieu thereof "$1.38" and on page 2, line 1, by striking "$0.90" and inserting in lieu thereof "$0.89"

(Committee vote: 11-0-0)

Amendment to be offered by Rep. Adams of Hartland and Komline of Dorset to H. 88

Moves to amend the bill by adding a new Sec. 2 to read:

Sec. 2. REPEAL

     No. 60 of the Acts of 1997, an act relating to education financing, is repealed effective July 1, 2009.

NOTICE CALENDAR

H. 15

     An act relating to a statewide school year calendar.

Rep. Mook of Bennington, 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.  FINDINGS

(a)  The general assembly finds:

(1)  School districts need to find ways to collaborate in order to maintain concurrent schedules, improve student learning, and reduce costs through sharing of resources.

(2)  Students learn best when provided educational services for uninterrupted periods of instructional time.

(3)  Educators can deliver instructional services more efficiently and effectively when schools are following the same vacation, holiday, and statewide assessment schedules.

(4)  Common professional development days provide educators the opportunity to participate in regional and statewide programs.

(5)  A uniform statewide calendar ensures better attendance at regional programs, such as technical centers.

(6)  The dates on which a school year begins and ends have great impact on families and businesses, as does the scheduling of in-service days and vacation.

(b)  Therefore, it is the intent of this act to direct the commissioner of education to adopt a statewide calendar.  It is not the intent that the statewide calendar shall deviate from the traditional summer vacation period.

Sec. 2.  16 V.S.A. § 1071 is amended to read:

§ 1071.  SCHOOL YEAR AND SCHOOL DAY CALENDAR

(a)  Minimum number of days Statewide school calendarExcept as provided in this section, each public school shall be maintained and operated for  The commissioner shall develop a uniform statewide calendar for use by all public schools.  To develop the first year’s calendar, which the commissioner shall use as the model for future calendars, the commissioner shall engage in a public process with students, parents, educators, the business community, and other interested parties.  The purpose of the statewide calendar shall be to improve high quality learning opportunities for all Vermont students.  The commissioner shall announce the uniform statewide calendar by October 1 for the ensuing school year.  The calendar shall include:

(1)  at least one hundred seventy-five 175 common student attendance days in each school year.  For purposes of this section, a majority of students enrolled in a school must be recorded on the school roll as in attendance on any day counted as a student attendance day.;

(2)  at least five common teacher in-service education days, during which time activities shall be conducted without students present in order to increase the competency of the staff, improve the curriculum of the school, enable teachers to attend state educational meetings, or disseminate student progress information to parents or the community;

(3)  to the extent possible, common periods for statewide assessments;

(4)  periods of vacation and holidays so as to ensure uninterrupted periods of instructional time;

(5)  a sufficient number of makeup days to compensate for unanticipated closings.  

(b)  Hours of operation.  Within the minimum set by the state board, the school board shall fix the number of hours that shall constitute a school day, subject to change upon the order of the state board.

(c)  Unanticipated closings.  When a public school is closed for cause beyond the control of the school board it may petition the state board for a waiver of the requirements of this section.  The petition shall be filed with the state board within 10 days of each occurrence and not later than June 15 of the school year involved; and the state board shall act on the petition at its next meeting held five or more business days following receipt of the petition.  Action may include approval of the request, disapproval of the request, or postponement of a decision for a definite period in order to enable the district to schedule makeup days.  If the petition is approved and a waiver granted, the school district shall be deemed to have satisfied the requirements of this section.  If the state board fails to act at that meeting, the petition shall be deemed to have been approved and the waiver granted.

(d)  Unique community situations.  If a school district or group of school districts needs to deviate from the uniform calendar due to a circumstance unique to the community which cannot otherwise be accommodated, the district or districts may petition the state board for a waiver by January 1 for the ensuing school year, and the state board shall act on the petition at its next meeting.

(e)  Regional calendar.  Before April 1 of each year, the superintendents of schools and the headmasters of public schools not managed by school boards in an area shall meet, and by majority vote, establish a uniform calendar within that area for the following school year.  The calendar shall include student attendance days, periods of vacation, holidays and teacher in-service education days and shall comply with subsection (a) of this section.  Unless permitted by the commissioner, no area served by a regional technical center shall be divided into two or more calendar regions.  [Deleted.]

(f)  Additional days.  Nothing in this section prohibits a school board from scheduling additional days for student attendance or teacher in-service education.  However, those days shall not conflict with any applicable school displace or replace days identified as common student attendance days or common teacher in-service education days on the statewide calendar.

(g)  Upon application of one or more school districts, after approval by the voters of each such district, the state board may grant a waiver of the requirements of subsection (a) if it is satisfied that equivalent educational programming will be maintained or improved.  The waiver may be granted for any purpose, including the conservation of energy.

Sec. 3.  EFFECTIVE DATE

The statewide calendar developed under this act shall be voluntary for the 2008–2009 school year and shall be mandatory for the 2009–2010 school year and each year thereafter.

(Committee vote: 11-0-0)

CONSENT CALENDAR

Concurrent Resolutions for Notice Under Joint Rule 16

     The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, February 15, 2007)

H.C.R. 40

   House concurrent resolution in memory of Brian Lawrence Wrigley.

H.C.R. 41

  House concurrent resolution honoring Joyce Wyman for her local and state public service.

H.C.R. 42

  House concurrent resolution in memory of Seward Weber.

JOINT ASSEMBLY

Thursday, February 15, 2005,  10:30 A.M. – House Chamber – election of a Sergeant-at-Arms, and Adjutant and Inspector General, and three (3) Trustees for the University of Vermont and Vermont and State Agricultural College.

Candidates for the position of Sergeant-at-Arms, candidates for the position of Adjutant and Inspector General, and legislative candidates for UVM Trustee positions are reminded that they must notify the Secretary of State in writing of their candidacy not later than Thursday, February 8, 2005, by 5:00 P.M., pursuant to the provisions of 2 V.S.A § 12(b).  Otherwise their names will not appear on the ballot for this position.

The following rules shall apply to the conduct of these elections:

First:       All nominations for these offices will be received by the Chair prior to voting, presented in alphabetical order.

Second:  There will be only one nominating speech of not more than three (3) minutes and not more than two seconding speeches of not more than one (1) minute each for each nominee.

PUBLIC HEARINGS

Thursday, February 15, 2007 – Room 11 – 6:00 – 9:00 PM -Joint Judicial Retention Committee  - Judicial retention for Hon. James Crucitti, Hon. Ben Joseph, Hon. M. Patricia Zimmerman, Hon. William Cohen, Hon. Matthew Katz and Hon. M. Katherine Manley.  (Will also be on Interactive TV)

Wednesday, February 21, 2007 – Room 11 – 5:30 – 9:00 p.m. –Commission on International Trade and State Sovereignty – International Trade and State Sovereignty.

 

 

HOUSE APPROPRIATIONS COMMITTEE

Members’ amendments to H.302

(Fiscal Year 2007 budget adjustment bill)

 

The Appropriations Committee invites all members of the House who intend to introduce amendments to the FY 2007 budget adjustment bill to meet with the Appropriations Committee on Thursday, February 15, at 1:30 p.m. in Room 42.   Please talk to Virginia Catone in Room 40 (ext. 2251) to schedule a time.

 

 

Public Hearings on Fiscal Year 2008 State budget

 

Tuesday, February 20, 2:30-4:30 p.m., Room 11 & Friday, February 23, 9:00 a.m.-12:00 noon, Room 10 – The House Appropriations Committee will hear from Vermont citizens, including representatives of advocacy groups and other organizations, on the subject of Fiscal Year 2008 appropriations.  Testimony will be scheduled in advance for 10-minute intervals (or shorter, depending on the amount of requests).  To reserve a time slot, please call the Committee office at 802-828-2251

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us