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House Calendar

WEDNESDAY, APRIL 11, 2007

99th DAY OF BIENNIAL SESSION

House Convenes at 1:00 P M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H.  94  Retail Sales and Taxing of Specialty Beers.......................................... 807

               Rep. Donahue Amendment

Favorable

S. 120  Relating to Wine Tastings and Farmers’ Markets................................ 807

               Rep. McCormack of Rutland City

               Rep. McCormack Amendment

Senate Proposal of Amendment

H. 360  Employment Protection and Training for VT Guard Members............. 809

               Rep. Howrigan Proposal of Amendment

For Action Under Rule 52

J.R.H. 22  Designating Sunday, April 15, 2007 Generosity Sunday................ 810

NOTICE CALENDAR

H. 541  Repeal Alternative Regulation / Small Communications Carriers.......... 810

               Rep. Marcotte for Commerce

Favorable with Amendment

H. 523  Re Moving Families Out of Poverty................................................... 810

               Rep. Haas for Human Services

               Rep. Larson for Appropriations

         

 

 

 

ORDERS OF THE DAY

ACTION CALENDAR

     H. 94

     An act relating to retail sales and taxing specialty beers.

Amendment to be offered by Rep. Donahue of Northfield to H. 94

Moves to amend the bill by adding a new Sec. 3 to read as follows:

Sec. 3.  RULES FOR MARKETING HIGH ALCOHOL BEER; DEPARTMENT OF LIQUOR CONTROL

The department of liquor control shall adopt rules regarding the labeling and sale of malt beverage with more than eight percent alcohol in order to assure that the consumer is aware of the alcohol content before purchasing. 

Favorable

S. 120

An act relating to wine tastings and farmers’ markets.

Rep. McCormack of Rutland City, for the Committee on General, Housing and Military Affairs, recommends that the bill ought to pass in concurrence.

(Committee Vote: 8-0-0)

Amendment to be offered by Rep. McCormack of Rutland City to S. 120

Rep. McCormack of Rutland City, recommends that the House propose to the Senate that the bill be amended as follows:

First:  By striking  Sec. 2. and inserting in lieu thereof the following:

Sec. 2.  7 V.S.A. § 67 is amended to read:

§ 67. WINE TASTINGS; PERMIT; PENALTIES

(a)  Provided an applicant submits to the department of liquor control a written application in a form required by the department accompanied by the permit fee as required by subdivision 231(15) of this title at least 15 days prior to the date of the wine tasting event and the applicant is determined to be in good standing, the department of liquor control may grant a permit to conduct a wine tasting event to:

* * *

(2)  A licensed manufacturer or rectifier of vinous beverages.  The permit authorizes the permit holder to dispense vinous beverages produced by the manufacturer or rectifier to retail customers of legal age for consumption on the premises of a second class licensee or at a farmers’ market.  Pursuant to this permit, a manufacturer or rectifier may conduct no more than one tasting a day on the premises of a second class licensee.  No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees and no more than 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.

(3)  A licensed manufacturer or rectifier of vinous beverages with a fourth class or farmers’ market license.  The permit authorizes licenses authorize the licensee to dispense, with or without charge, vinous beverages by the glass, not to exceed two ounces per product and a total of eight ounces to a retail customer of legal age for consumption on the licensee’s premises or at a farmers’ market.

(b) A wine tasting event held pursuant to this section, not to include wine tasting events conducted on the premises of a manufacturer or rectifier or on the premises of a fourth class licensee pursuant to subdivision (a)(3) of this section or a promotional tasting promotional tastings pursuant to subdivision (d)(1) of this section:

* * *

(d) Promotional wine tasting.

(1) At the request of a holder of a first class or second class license, a holder of a manufacturer's, rectifier's, or wholesale dealer's license may distribute without charge to the first or second class licensee's management and staff, provided they are of legal drinking age, two ounces per person of vinous beverages for the purpose of promoting the beverage. No permit is required under this subdivision, but written notice of the event shall be provided to the department of liquor control at least 10 five days prior to the date of the tasting.

* * *

(3)  At the request of a holder of a wholesale dealer’s license, a first class licensee may dispense malt or vinous beverages for promotional purposes without charge to invited management and staff of first, second, or third class licensees, provided they are of legal drinking age.  The event shall be held on the premises of the first class licensee.  The first class licensee shall be responsible for complying with all applicable laws under this title. No permit is required under this subdivision, but the wholesale dealer shall provide written notice of the event to the department  of liquor control at least 10 days prior to the date of the tasting.

Second:  By adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.   

Senate Proposal of Amendment

H. 360

     An act relating to employment protection and training period for Vermont National Guard members.

     The Senate proposes to the House to amend the bill striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  21 V.S.A. § 491(a) is amended to read:

(a)  Any duly qualified member of the “reserve components of the armed forces,” of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay.  If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position shall upon request be entitled to leaves of absence for a total of 15 days in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority.  A leave of absence shall be with or without pay as determined by the employer.  Upon completion of the military drill, training, or other temporary duty under military authority, the a full-time employee shall be reinstated in that position with the same status, pay, and seniority, including seniority that accrued during the period of absence.

Amendment to be offered by Rep. Howrigan of Fairfield to Senate Proposal of Amendment to H. 360

Moves the House propose to the Senate to amend the proposal of amendment by striking Sec. l, and  inserting a new Sec. 1 to read:

Sec. 1.  21 V.S.A. § 491(a) is amended to read:

(a)  Any duly qualified member of the “reserve components of the armed forces,” of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay.  If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position shall upon request be entitled to a15 day leave of absence in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority.  A leave of absence shall be with or without pay as determined by the employer.  Upon completion of the military drill, training, or other temporary duty under military authority, the employee shall be reinstated in that position with the same status, pay, and seniority, including seniority that accrued during the period of absence.

For Action Under Rule 52

     J. R. H. 22

     Joint resolution designating Sunday, April 15, 2007 as generosity Sunday in Vermont.

(For text see House Journal Tuesday, April 10, 2007)

NOTICE CALENDAR

Committee Bill for Second Reading

H. 541

     An act relating to extending the repeal of alternative regulation election by small eligible telecommunications carriers.

(Rep. Marcotte of Coventry will speak for the Committee on Commerce.)

Favorable with Amendment

H. 523

An act relating to moving families out of poverty.

(Rep. Haas of Rochester will speak for the Committee on Human Services.)

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

First:  In Sec. 4, 33 V.S.A. § 1103(c)(5), on page 29, lines 14–17, by striking the last sentence

Second:  By striking Secs. 14 (Earned Income Tax Credit), 23 (child care subsidy), and 28 (appropriations) in their entirety

Third:  By striking Sec. 22 (child care study) and inserting a new Sec. 22 to read:

Sec. 22.  CHILD CARE REPORT

(a)  No later than January 31, 2008, the department for children and families shall report to the house committees on human services and on appropriations and the senate committees on health and welfare and on appropriations with an estimate of the funding needed to bring income eligibility guidelines to current levels; an estimate of the funding needed to bring Vermont into compliance with federal guidelines, suggesting that subsidies should be at least 75 percent of the market rate; an assessment of the positive and negative outcomes from modifying the current statewide subsidy rate to differential rates based on the market rate for the area; and an analysis of possible inflation factors with a recommendation on which factors to use once target funding levels have been met.

(b)  No later than January 31, 2008, the legislative council and joint fiscal offices shall provide a summary of innovative ideas from other states for funding investments in quality child care and of any available cost‑benefit analyses of such investments.

Fourth:  In Sec. 26(a), on page 85, line 18, by striking “April 1, 2008” and inserting in lieu thereof “July 1, 2008

Fifth:  In Sec. 27(b) on page 87, lines 2–3, by striking “April 1, 2008” and inserting in lieu thereof “July 1, 2008

Sixth:  In Sec. 27, on page 87, by striking (f) in its entirety

and by renumbering the sections to be in numerical order

(Committee vote: 9-0-2)

 

 

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us