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Senate Calendar

thursday, march 22, 2007

79th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

UNFINISHED BUSINESS OF WEDNESDAY, MARCH 21, 2007

Second Reading

Favorable with Recommendation of Amendment

S. 70       Empowering municipalities to regulate application of pesticides........... 317

                              Government Operations Committee Report........................ 317

S. 143     Use of racing fuel containing additive MTBE ..................................... 317

                              Transportation Committee Report...................................... 317

S. 148     Requirements for application to be a designated new town center....... 317

                              Natural Resources & Energy Committee Report................. 317

S. 173     Awarding high school diplomas to veterans of the Vietnam war.......... 317

                              Education Committee Report............................................. 317

NEW BUSINESS

Third Reading

S. 39       Health insurance reimbursement for naturopathic physicians............... 319

S. 45       Relating to the right to attend town meeting........................................ 319

S. 46                Wrongful discharge for voting or attending town meeting........... 319

S. 82       Use of Vermont addresses and representations of Vermont origin...... 319

S. 97       Relating to correctional facilities......................................................... 319

S. 120     Wine tasting at farmer’s markets....................................................... 319

S. 137     Amount of phosphorus allowed in household cleansing products........ 319

S. 169     Civil violations for animal cruelty........................................................ 320

Second Reading

S. 194     Firefighters and cancer caused by employment.................................. 320

Committee Bills for Second Reading

S. 192     HIV name-based reporting............................................................... 320

S. 193     Ensuring health and safety on public construction projects.................. 320

S. 196     Failure to insure for workers’ compensation coverage........................ 320


NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 92       Groundwater mapping...................................................................... 320

                              Natural Resources and Energy Committee Report.............. 320

                              Appropriations Committee Report..................................... 322

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to March 22, 2007 calendar)

SCR 12  Rutland High School championship football team............................... 126

SCR 13  Essex High School championship boys’ ice hockey team................... 127

HCR 74 Mt. Anthony Union H.S. championship girls’ basketball team............. 128

HCR 75 Mt. Anthony Union H.S. boys’ & girls’ Nordic ski teams.................. 130

HCR 76 Honoring the federal TRIO programs in Vermont.............................. 131

HCR 77 Deputy  Sec. of Agency of Natural Resources Canute Dalmasse ....... 132

HCR 78 In memory of George H. Duke of Dummerston................................. 133

HCR 79 Vermont winners of the Prudential Spirit of Community Award.......... 134

HCR 80 In memory of Fletcher Baird Joslin of Waitsfield................................ 136

HCR 81 In memory of Bristol Selectboard member Armand Compagna.......... 137

 




 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF WEDNESDAY, MARCH 21, 2007

Second Reading

Favorable with Recommendation of Amendment

S. 70

An act relating to empowering municipalities to regulate the application of pesticides within their borders.

Reported favorably with recommendation of amendment by Senator Ayer for the Committee on Government Operations.

The Committee recommends that the bill be amended in Sec. 1, 24 V.S.A. § 2291(23), by striking out the third sentence in its entirety and inserting in lieu thereof the following:

Regulations created by municipalities under this subdivision shall not regulate agricultural activities conducted consistent with accepted agricultural practices pursuant to 6 V.S.A. § 4810(a) and 10 V.S.A. § 1259(f), aquatic nuisance control activities conducted in compliance with a permit issued under 10 V.S.A. § 1263a, vegetation control activities undertaken by railroads pursuant 5 V.S.A. §§ 3671 and 3673 and 49 C.F.R. § 213.37, and roadside growth and vegetation control activities undertaken by the agency of transportation within the limits of a state highway pursuant to chapter 9 of Title 19.

(Committee vote: 4-0-1)

S. 143

An act relating to authorizing the use of racing fuel containing the additive MTBE or other gasoline ethers.

Reported favorably with recommendation of amendment by Senator Scott  for the Committee on Transportation.

The Committee recommends that the bill be amended in Sec. 1, 10 V.S.A. § 577 on page 2, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c)  A fuel product used in a race or sports car event, as both are defined in 26 V.S.A. § 4801, may contain a gasoline ether and may be sold at retail or sold for use in the state, provided that it is sold in prepackaged drums, pails, or containers.

(Committee vote: 5-0-0)

S. 148

An act relating to the requirements for an application to be a designated new town center.

Reported favorably with recommendation of amendment by Senator Lyons for the Committee on Natural Resources and Energy.

The Committee recommends that the bill be amended by adding a Sec. 2 to read as follows:

Sec. 2.  10 V.S.A. § 6093(a)(3)(B) is amended to read:

(B)  Notwithstanding the provisions of subdivision (2) of this subsection and subdivision 6086(a)(9)(B)(iii) of this title pertaining to a development or subdivision on primary agricultural soils outside a designated growth center, the district commission may, in appropriate circumstances, approve off‑site mitigation or some combination of onsite and off‑site mitigation if that action is deemed consistent with the agricultural elements of local and regional plans and the goals of section 4302 of Title 24 and the project incorporates innovative land use design resulting in compact development patterns on the project tract.  For projects located outside a designated growth center, all factors used to calculate suitable mitigation acreage or fees, or some combination of these measures, shall be as specified in this subsection, subject to a ratio of no less than 2:1, but no more than 3:1.

(Committee vote: 5-0-0)

S. 173

An act relating to the awarding of high school diplomas to veterans of the Vietnam war.

Reported favorably with recommendation of amendment by Senator Nitka for the Committee on Education.

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.  16 V.S.A. § 563(25) is amended to read:

§ 563.  POWERS OF SCHOOL BOARDS

The school board of a school district, in addition to other duties and authority specifically assigned by law:

* * *

(25)  Shall, if it is a school board of a school district which maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II or, the Korean War, or during the Vietnam era from February 28, 1961 through May 7, 1975, was honorably separated from active federal military service, and does not hold a high school diploma.  The state board shall develop and make available an application form for veterans who wish to request a high school diploma.

The Committee further recommends that after passage of the bill the title be amended to read as follows: “AN ACT RELATING TO THE AWARDING OF HIGH SCHOOL DIPLOMAS TO VETERANS OF THE VIETNAM ERA”

(Committee vote: 5-0-0)

NEW BUSINESS

Third Reading

S. 39

An act relating to health insurance plan reimbursement for covered services provided by naturopathic physicians.

S. 45

An act relating to the right to attend town meeting.

S. 46

An act relating to wrongful discharge for voting or attending town meeting.

S. 82

An act relating to the use of Vermont addresses and representations of Vermont origin.

S. 97

An act relating to correctional facilities.

S. 120

An act relating to wine tastings at farmers’ markets.

S. 137

An act relating to reducing the amount of phosphorus allowed in household cleansing products used in dishwashers.


S. 169

An act relating to civil violations for animal cruelty.

Second Reading

S. 194

An act relating to firefighters and cancer caused by employment.

(Sen. Condos for the Committee on Economic Development, Housing and General Affairs).

Committee Bills for Second Reading

S. 192

An act relating to HIV name-based reporting.

(Sen. Flanagan for the Committee on Health and Welfare.)

S. 193

An act relating to ensuring health and safety on public construction projects.

(Sen. Condos for the Committee on Economic Development, Housing and General Affairs.)

S. 196

An act relating to failure to insure for workers’ compensation coverage by employers and contractors.

(Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.)

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 92

An act relating to groundwater mapping.

Reported favorably with recommendation of amendment by Senator Snelling for the Committee on Natural Resources and Energy.

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.  10 V.S.A. § 1416 is added to read:

§ 1416.  GROUNDWATER MAPPING

(a)  In accordance with the requirements of subdivision 1392(a)(4) of this title to identify and map the groundwater resources of the state, the secretary of natural resources shall establish a groundwater mapping program within the office of the state geologist.  The groundwater mapping program shall identify public water supply sources and groundwater sources that may serve as future public water supply sources.  The office of the state geologist shall also identify areas of interest that require additional mapping, including location of water wells, mapping of surficial geology and bedrock, and, if funds are available, geophysical studies.

(b)  Prior to October 15, 2007, the secretary of natural resources shall develop a schedule for mapping the groundwater resources of the state.  In developing the schedule for mapping the groundwater resources of the state, the secretary shall give priority to municipalities, watersheds, and other areas subject to development pressure, groundwater supply shortages, groundwater quality issues, or commercial groundwater withdrawal.  The secretary shall submit the schedule required by this section to the legislative study committee on groundwater regulation and funding, the senate committee on natural resources and energy, and the house committee on fish, wildlife, and water resources.

(c)  The secretary of natural resources may adopt rules implementing the requirements of this section.

Sec. 2.  AGENCY OF NATURAL RESOURCES GROUNDWATER FUNDING REPORT

(a)  On or before October 15, 2007, the agency of natural resources shall report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources with a recommendation for funding the groundwater resources of the state as required under sections 1392 and 1416 of Title 10.  The report shall include:

(1)  A summary of the current groundwater mapping conducted or completed by the agency of natural resources, including use of compiled groundwater data, well driller reports, and other groundwater data.

(2)  A summary of the appropriations and personnel currently available to the agency of natural resources for groundwater mapping.

(3)  An estimate of the appropriations and personnel necessary to fund the mapping of the groundwater resources of the state as required by sections 1392 and 1416 of Title 10 and a proposal for incorporating such appropriations into the agency of natural resources' annual budget.

(b)  Upon completion of the report required by this section, the agency of natural resources shall submit the report to the legislative study committee on groundwater regulation and funding.

(Committee vote: 5-0-0)

Reported favorably by Senator Snelling for the Committee on Appropriations.

(Committee vote: 6-0-1)

Concurrent Resolutions for Adoption

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

S.C.R.  12.

Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team.

S.C.R.  13.

Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys' ice hockey team.

HOUSE CONCURRENT RESOLUTIONS

H.C.R.  74

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team.

H.C.R.  75

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams.

H.C.R.  76

House concurrent resolution honoring the federal TRIO programs in Vermont.


H.C.R.  77

House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters.

H.C.R.  78

House concurrent resolution in memory of George H. Duke of Dummerston.

H.C.R.  79

House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award.

H.C.R.  80

House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the House of Representatives.

H.C.R.  81

House concurrent resolution in memory of Bristol selectboard member Armand Compagna.

CONFIRMATIONS

The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate.  However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

Robert Britt of South Burlington - Member of the Vermont Economic Development Authority - By Sen. Condos for the Committee on Finance.  (1/25)

David E. L. Brown of Shelburne - Member of the Board of Libraries - By Sen. Giard for the Committee on Education.  (1/31)

John Rosenthal of Charlotte - Member of the Board of Libraries - By Sen. Doyle for the Committee on Education.  (1/31)

Kenneth Gibbons of Hyde Park - Member of the Vermont Educational and Health Buildings Finance Agency - By Sen. McCormack for the Committee on Finance.  (2/2)

David R. Coates of Colchester - Member of the Municipal Bond Bank - By Sen. Condos for the Committee on Finance.  (2/21)

Paul. Beaulieu of Manchester Center - Member of the Vermont Housing Finance Agency - By Sen. Maynard for the Committee on Finance.  (2/21)

Susan Davis of Shelburne - Member of the Travel Information Council - By Sen. Mazza for the Committee on Transportation.  (3/13)

Jireh Billings of Bridgewater - Member of the Capitol Complex Commission - By Sen. Campbell for the Committee on Institutions.  (3/14)

Bonnie Rutledge of Waterbury - Commissioner of the Department of Motor Vehicles - By Sen. Shumlin for the Committee on Transportation.  (3/16)

John LaBarge of South Hero - Member of the Travel Information Council - By Sen. Mazza for the Committee on Transportation.  (3/21)

Susan K. Blair of Colchester - Alternate Member of the Parole Board - By Sen. Mazza for the Committee on Institutions.  (3/23)

William J. Pettengill of Guilford - Member Parole Board - By Sen. Coppenrath for the Committee on Institutions.  (3/23)

JOINT ASSEMBLY

     Thursday, March 22, 2007 - 10:30 A.M. - House Chamber - Retention of Superior Court Judges:  Hon. William Cohen, Hon. M. Kathleen Manley, Hon. Matthew Katz.

     Retention of District Judges:  Hon. James Crucitti, Hon. M. Patricia Zimmerman, Hon. Ben Joseph, and Hon. Thomas Zonay.

SENATE APPROPRIATIONS COMMITTEE

FY 2008 Budget

ADVOCATES TESTIMONY

     On Monday afternoon, March 26 beginning at 3:00 pm, the Senate Appropriations Committee will be taking testimony from advocates regarding the Fiscal Year 2008 Budget in Room 10 of the State House.  To schedule time before the Committee please contact Becky Buck at the Legislative Joint Fiscal Office located at 1 Baldwin Street (phone:  828-5969).  


REPORTS ON FILE

Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:

     120.  Errata to the Implementation of Act 114 at the Vermont State Hospital Report.  (Agency of Human Services, Department of Health)  (March 2007).

     121.  Act 145, Vermont Products and Nutrition Education in Schools.  (Agency of Human Services)  (March 2007).

     122.  Blueprint for Health Annual Report.  (Agency of Human Services, Department of Health)  (March 2007).

     123.  Adult Job Training Funding.  (Department of Labor)  (March 2007).

     124.  Vermont Labor Relations Board 2006 Annual Report.  (March 2007)

     125.  Status Report-Orphan Stormwater System Grant Project.  (Department of Environmental Conservation, Water Quality Division, Stormwater Section)  (March 2007).

     126.  Coordinated Healthy Activity, Motivation and Prevention Programs Inventory.  (Agency of Human Services, Department of Health)  (March 2007).

     127.  Vermont Department of State’s Attorneys Annual Report.  (March 2007).



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