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House Calendar

FRIDAY, FEBRUARY 16, 2007

45th DAY OF BIENNIAL SESSION

House Convenes at 9:30 AM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Readings

H.  88  Education Property Tax Rate Adjustments.......................................... 102

               Amendment by Reps. Adams and Komline

               Amendment by Rep. Sunderland

               Amendment by Reps. Livingston and Komline.................................. 102

H. 128  Amendment to Charter of town of Bradford....................................... 103

H. 131  Amendment to Charter of Village of North Troy................................ 103

H. 137    Department Restoration  and a Commissioner of Mental Health.. 103

H. 157  Home-Fermented Beverage Competitions......................................... 103

H. 294  Relating to Executive Branch Fees..................................................... 103

               Amendment by Rep. Baker

H. 302  Relating to Fiscal Year 2007 Budget Adjustments.............................. 104

Favorable with Amendment

H. 15  Relating to a Statewide School Year Calendar..................................... 104

               Rep. Mook for the Committee on Education

Action Postponed Until Tuesday, February 20, 2007

H. 274  Adult Foster Care............................................................................. 106

               Rep. Mrowicki for Human Services

NOTICE CALENDAR

Committee Bill for Second Reading

H. 313  Administration and Enforcement of Fines Judicial Bureau.................... 107

               Rep. Lippert for Judiciary

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 40  In Memory of Brian Lawrence Wrigley........................................ 107

H.C.R. 41  Honoring Joyce Wyman for Local and Public Service................... 107

H.C.R. 42  In memory of Seward Weber...................................................... 107

 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Readings

H. 88

     An act relating to education property tax rate adjustments.

Amendment to be offered by Rep. Sunderland of Rutland Town to H. 88

     Moves that the bill be amended by adding new Sec. 2 and Sec. 3 to read:

Sec. 2.  PAYMENT OF PROPERTY TAX ADJUSTMENT AMOUNTS.

     Notwithstanding any other provision of law, property tax adjustment amounts due under Chapter 154 of Title 32 shall not be paid to a municipality, but shall be paid to the claimant in cash by the commissioner no later than 45 days after a claim is filed.

Sec.3. EFFECTIVE DATE

     Sec. 2 of this act shall apply to claims filed in 2008 and after.

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.

Amendment to be offered by Reps. Livingston Manchester and Komline of Dorset to H. 88

Move to amend the bill as follows:

     First:  In Sec. 1, on page 2, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read:

(b)  For claims filed for fiscal year 2009 only, “applicable percentage” in subdivision 6066(a)(2) of Title 32 shall be 2.0 percent multiplied by the fiscal year 2009 district spending adjustment for the municipality in which the homestead residence is located; but in no event shall the applicable percentage be less than 2.0 percent.

     Second:  On page 1, line 19, by striking "$1.39" and inserting in lieu thereof "$1.37" and on page 2, line 1, by striking "$0.90" and inserting in lieu thereof "$0.88"

H. 128

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

H. 131

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

H. 137

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

H. 157

An act relating to home-fermented beverage competitions.

  H. 294 

An act relating to executive fees.

Amendment to be offered by Rep. Baker of West Rutland to H. 294

Moves the bill be amended by adding two new sections to read as follows:

Sec. 30a.  3 V.S.A. § 2822(i), (j) and (k) are amended to read:

 (i) The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Applicants operating under SIC codes 2411, 2421, 2426 and 2429 shall be exempt from administrative processing fees pursuant to 3 V.S.A. § 2822(j)(2) and application review fees pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IIV).

Sec. 30b.  IMPLEMENTATION AND REVERSION

(a) Sec. 30a (exclusion from general permit fees) shall take effect upon passage and shall be effective retroactively back to August 1, 2006. The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IIV) between after August 1, 2006 and the effective date of this section.

(b)  Sec. 30a (exclusion from general permit fees) shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act.

H. 302

An act relating to fiscal year 2007 budget adjustments.

Favorable with Amendment

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)

Action Postponed Until Tuesday, February 20, 2007

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.)

NOTICE CALENDAR

Committee Bill for Second Reading

H. 313

An act relating to the administration and enforcement of fines within the judicial bureau.

(Rep. Lippert of Hinesburg will speak for the Committee on Judiciary.)

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16

     The following concurrent resolutions will be adopted automatically unless a member requests floor consideration before the end of today’s legislative session.  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.

PUBLIC HEARINGS

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

Reports Received

The Clerk of the House has received the following reports, copies of which may be ordered from his office:

 

58.    Vermont health Care Expenditure Analysis & Three Year Forecast 2005.

59.    Groundwater Mapping: Mapping Efforts and EPA Funding Request.  Agency of Natural Resources.  241-3496

60.    River Basin Planning Progress Report.  Agency of Natural Resources.

61.    Capacity of Vat’s Education System to Meet the Educational Needs of all Vt. Students, Bullying Prevention Policies, Capital Construction and State Bonding Education and Use of College entrance exams in State Assessment Systems reports.  Department of Education.  Commissioner’s Office.

62.    Electric Affordability Program: Report and Draft Legislation.  Public Service Board.  828-2358

63.    Nineteenth Annual Report on Status of Petroleum Cleanup Funds. 241-3888

64.    Conservation Motor Vehicle Registration Plates.  Agency of Natural Resources.  241-3700

65.    Municipal Permitting and Siting of Amateur Radio Antennae and Support Structures and Municipal Compliance with the Requirements of 24 V.S.S.A. §2296 (b).,  Vt. Dept. of Housing and Community Affairs.

66.    State Land Forest Management Report.  Forests, Parks and Recreation.  244-1481

67.    Capital Obligations Study.  Agency of Administration .  828-3322

68.    Phosphorus Mitigation Pilot Project.  Agency of Natural Resources.  241-3808

69.    The Individual Market in Vermont: Problems and Possible Solutions.  BISHCA

70.    Individual Health Insurance Market Study.  BISHCA

71.    Unidentified Corridors Report.  Housing and Community Affairs.

72.    Mental Health Oversight Committee 2006 Progress Report.  Leg. Council.

73.    Comprehensive Annual Financial Report.

74.    Vermont Parole Board Annual Report.  

75.    State Treasurer 2006 Annual Report.  Office of  State Treasurer.

76.    Findings and Recommendations of the Access to Criminal History Record Information Committee.  Supreme Court of Vermont. 828-3278

77.    Vermont’s Reach Up Program Agency of Human Services.  241-2100

78.    Childhood Lead Poisoning Prevention Program.  Dept. of Health.  863-7281

79.     Early Childhood Nurture and Development in Enriched Education Settings.  Legislative Council.  828-2231

80.    Energy Efficiency Utility Program 2005 Revenues and Expenditures.  Public Service Board.  828-2358

81.    Vt. Environmental Protection Agency Pollution Control Revolving Fund.  Agency of Natural Resources.  241-3808

82.    Use of Vermont Products & Nutrition Education in Schools.  Dept. of Education.

83.    Miscellaneous Changes to the Education Law:  Pregnant and Parenting Pupils; Payment of Education Costs; Study.  Dept of Education & Agency of Human Services.

84.    Miscellaneous Changes to Education Law: Excess Spending Penalty.  Dept. of Education;  Finance and Administration Division/

85.    Miscellaneous Changes to Education Law:  Compulsory School Attendance.  Dept. of Education: Lifelong Learning Division.

86.    Blueprint for Health Strategic Plan.   (Final Plan, Report 4 was a Preliminary Report).  Department of Health.  863-7280

87.    Uniform Environmental Enforcement Act.   Agency of Natural Resources.  241-3818

88.    Human Services Caseload  Management Reserve.  Agency of Administration 828-3322

89.    Income from Mountain Top Communication Sites.  Agency of  Natural Resources.  244-1481

90.    Beverage Container Redemption Program.  Agency of Natural Resources. 241-3808

91.    Children and Family Council Prevention Programs.  241-2953

92.    Workforce Development Council 2006 Annual Report.  828-4156

93.    Eradication of Cervical Cancer Vermont 2007.  Department of Health.  863-7281

94.    Council on Education Governance.   828-2971

95.    Catamount Health:  Immunization Study.   Commissioner of Health.  863-7280

96.    Vermont State Housing Authority.    828-3295

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us