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Senate Calendar

friday, march 23, 2007

80th 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........... 326

                              Government Operations Committee Report........................ 326

S. 143     Use of racing fuel containing additive MTBE ..................................... 326

                              Transportation Committee Report...................................... 326

NEW BUSINESS

Third Reading

S. 148     Requirements for application to be a designated new town center....... 327

S. 173     Awarding high school diplomas t o veterans of the Vietnam war......... 327

S. 192     HIV name-based reporting............................................................... 327

S. 196     Failure to insure for workers’ compensation coverage........................ 327

Second Reading

Favorable with Recommendation of Amendment

S. 92       Groundwater mapping...................................................................... 327

                              Natural Resources and Energy Committee Report.............. 327

                              Appropriations Committee Report..................................... 328

Senate Resolution for Action

S.R. 13   Veterans health care......................................................................... 329

NOTICE CALENDAR

S. 184     Uniform environmental covenants act................................................. 329

Favorable

S. 170     Disposition of bodily remains and funeral goods and services............. 329

                              Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs        329

                              Finance Committee Report................................................ 329

                              Sen. Illuzzi amendment (Sec. 1).......................................... 329

                              Sen. Illuzzi amendment (Sec. 5).......................................... 329

Favorable with Recommendation of Amendment

S. 164     Campaign Finance and the Vermont campaign finance option............. 330

                              Government Operations Committee Report........................ 330

                              Finance Committee Report................................................ 341

ORDERED TO LIE

S. 194     Firefighters and cancer caused by employment.................................. 341

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)

NEW BUSINESS

Third Reading

S. 148

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

S. 173

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

S. 192

An act relating to HIV name-based reporting.

S. 196

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

Second Reading

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)

Senate Resolution for Action

S. R. 13

Senate resolution requesting Congress to enact legislation to assure federal funding for veterans’ health care.

(For text of Resolution, see Senate Journal for Thursday; March 22, 2007, page 286)

NOTICE CALENDAR

S. 184

An act relating to the uniform environmental covenants act.

Favorable

S. 170

An act relating to the rights of family members, funeral directors, and crematory operators concerning the disposition of bodily remains and funeral services.

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

Reported favorably by Senator Cummings for the Committee on Finance.

(Committee vote: 6-0-1)

AMENDMENT TO S. 170 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves to amend the bill in Sec. 1, 18 V.S.A. § 5233 by striking out the last sentence in its entirety.

AMENDMENT TO S. 170 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves to amend the bill by adding a new section to be numbered Sec. 5 to read as follows:

Sec. 5.  18 V.S.A. § 5201 is amended to read:

§ 5201.  PERMITS; REMOVAL OF BODIES; CREMATION; WAITING PERIOD; INVESTIGATION INTO CIRCUMSTANCES OF DEATH

* * *

(b)  No operator of a crematory facility shall cremate or allow the cremation of a dead body until the passage of at least 24 hours following the death of the decedent, as indicated on the death certificate, unless, if the decedent died from a virulent, communicable disease, a department of health rule or order requires the cremation to occur prior to the end of that period.  If the attorney general, a state’s attorney, or any law enforcement officer requests the delay of a cremation based upon a reasonable belief that the cause of death might have been due to other than accidental or natural causes, the cremation of a dead human body shall be delayed, based upon such request, a sufficient time to permit a civil or criminal investigation into the circumstances that caused or contributed to the death.

(c)  The person in charge of the body shall not release for cremation the body of a person who died in Vermont until the person has received a certificate from the chief, regional or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary.  The certificate shall be retained by the person in charge of the body by the crematory for a period of three years.  For the certificate, the medical examiner is entitled to a fee of $10.00 $25.00 payable by the person requesting cremation.

(d)(1)  For all cremations requested for the body of a person who died outside Vermont, the crematory operator must do the following before conducting the cremation:

(A)  obtain a permit for transit or cremation;

(B)  follow the guidelines of the medical examiner or comparable office for the jurisdiction in which the person died, including, to the extent that such waiting period is longer than that imposed by the provisions of subsection (b) of this section, postponing the cremation until the passage of any waiting period imposed by that state; and

(C)  if the state in which the person died issues a medical examiner’s permit, obtain a copy of that permit. 

(2)  No additional approval from the Vermont medical examiner’s office shall be required if compliance with the guidelines of the state in which the person died is achieved.

Favorable with Recommendation of Amendment

S. 164

An act relating to campaign finance and the Vermont campaign finance option.

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

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.  FINDINGS

The general assembly finds that:

(1)  Large campaign contributions reduce public confidence in the electoral process and increase the risk and the appearance that candidates and elected officials will not act in the best interests of all Vermont citizens.

(2)  Some candidates and elected officials, particularly when time is limited, respond and give access to contributors who make large contributions in preference to those who make small or no contributions.

(3)  In Vermont, contributions greater than the amounts specified in this act are considered by the general assembly, candidates, and elected officials to be large contributions.

(4)  In Vermont, contributions in the amounts permitted in this act adequately allow contributors to express their opinions, levels of support, and affiliations with respect to candidates, political committees, and political parties.

(5)  In Vermont, candidates can raise sufficient monies to fund effective campaigns from contributions no larger than the amounts specified in this act.

(6)  Limiting large contributions will encourage direct and small group contact between candidates and the electorate and will encourage the personal involvement of a larger number of citizens in campaigns, both of which are crucial to public confidence and the robust debate of issues.

(7)  In Vermont, campaign expenditures by persons who are not candidates have been increasing and public confidence is eroded when unidentified expenditures are made, particularly during the final days of a campaign.

(8)  Identification of persons who publish political advertisements and electioneering communications assists in enforcement of the campaign finance limitations established by this act.

(9)  Aggregate contributions limitations are necessary to limit the influence of a single source, political committee, or political party in an election.

(10)  There is an extensive record supporting the need for the regulation of campaign finance in Vermont that was compiled during the consideration of No. 64 of the Acts of the General Assembly 1997, and that was considered by the courts during the litigation of Landell v. Sorrell, 118 F.Supp. 459 (D.Vt. 2000), aff’d in part and vacated in part, 382 F.3d 91 (2d Cir. 2004), rev’d and remanded sub nom. Randall v. Sorrell, 126 S. Ct. 2479 (2006).

(11)  This act is necessary in order to implement more fully the provisions of Article 8 of Chapter I of the Constitution of the State of Vermont, which declares “That all elections ought to be free and without corruption, and that all voters, having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution.”

Sec. 2.  17 V.S.A. § 2801 is amended to read:

§ 2801.  DEFINITIONS

As used in this chapter:

(1)  “Candidate” means an individual who has taken affirmative action to become a candidate for state, county, local, or legislative office in a primary, special, general, or local election.  An affirmative action shall include one or more of the following:

(A)  accepting contributions or making expenditures totalling $500.00 or more; or

(B)  filing the requisite petition for nomination under this title or being nominated by primary or caucus; or

(C)  announcing that he or she seeks an elected position as a state, county, or local officer or a position as representative or senator in the general assembly.

(2)  “Clearly identified,” with respect to a candidate, means that:

(A)  The name of the candidate appears;

(B)  A photograph or drawing of the candidate appears; or

(C)  The identity of the candidate is apparent by unambiguous reference.

(3)  “Contribution” means a payment, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid to a person for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates in any election, but shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee or political party.  For purposes of this chapter, “contribution” shall not include a personal loan from a lending institution any of the following:

(A)  a personal loan of money to a candidate from a lending institution made in the ordinary course of business;

(B)  services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;

(C)  unreimbursed travel expenses incurred within the state of Vermont and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $500.00 per election;

(D)  unreimbursed campaign-related travel expenses incurred within the state of Vermont and paid for by the candidate or the candidate’s spouse or civil union partner;

(E)  the payment by a party’s state, county, or town committee of the costs of preparation, display, or mailing or other distribution of a party candidate listing;

(F)  documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this title, lists of registered voters and voter identification information, created, obtained, or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party;

(G)  compensation paid by a state party committee to its employees or consultants for the following purposes:

(i)  providing no more than a total of 20 hours of assistance from its employees for the specific and exclusive benefit of a single candidate in any election;

(ii)  recruiting and overseeing volunteers for campaign activities involving three or more candidates; or

(iii)  coordinating campaign events involving three or more candidates;

(H)  campaign training sessions provided to three or more candidates;

(I)  costs paid for by a party committee in connection with a campaign event at which three or more candidates are present;

(J)  the use of offices, telephones, computers, and similar equipment when that use does not result in additional cost to the provider; or

(K)  activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention or depict a clearly identified candidate.

(3)(4)  “Expenditure” means a payment, disbursement, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates.  For the purposes of this chapter, “expenditure” shall not include any of the following:

(A)  a personal loan of money to a candidate from a lending institution made in the ordinary course of business;

(B)  services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;

(C)  unreimbursed travel expenses incurred within the state of Vermont and paid for by an individual who volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $500.00 per election;

(D)  unreimbursed campaign-related travel expenses incurred within the state of Vermont and paid for by the candidate or the candidate’s spouse or civil union partner.

(5)  “Party candidate listing” means any communication by a political party that:

(A)  lists the names of at least three candidates for election to public office;

(B)  is distributed through public advertising such as broadcast stations, cable television, newspapers and similar media, or through direct mail, telephone, electronic mail, publicly accessible sites on the internet or personal delivery;

(C)  treats all candidates in the communication in a substantially similar manner; and

(D)  is limited to:

(i)  the identification of each candidate, with which pictures may be used;

(ii)  the offices sought;

(iii)  the offices currently held by the candidates;

(iv)  the party affiliation of the candidates and a brief statement about the party or the candidates’ positions, philosophy, goals, accomplishments, or biographies;

(v)  encouragement to vote for the candidates identified; and

(vi)  information about voting, such as voting hours and locations.

(4)(6)  “Political committee” or “political action committee” means any formal or informal committee of two or more individuals, or a corporation, labor organization, public interest group, or other entity, not including a political party, which receives contributions of more than $500.00 and makes expenditures of more than $500.00 in any one calendar year for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public question in any election or affecting the outcome of an election.

(5)(7)  “Political party” means a political party organized under chapter 45 of this title or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof and including the national or regional affiliates affiliate of the party.  A political party organized under chapter 45 of this title or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof shall be considered a separate political party from the national affiliate of the party.

(6)(8)  “Single source” means an individual, partnership, corporation, association, labor organization, or any other organization or group of persons which is not a political committee or political party.

(7)(9)  “Election” means the procedure whereby the voters of this state or any of its political subdivisions select a person to be a candidate for public office or fill a public office, or to act on public questions including voting on constitutional amendments.  Each primary, general, special, run-off, or local election shall constitute a separate election.

(8)(10)  “Public question” means an issue that is before the voters for a binding decision.

(9)(11)  “Two-year general election cycle” means the 24-month period that begins 38 days after a general election. Expenditures related to a previous campaign and contributions to retire a debt of a previous campaign shall be attributed to the earlier campaign cycle.

(10)(12)  “Full name” means an individual’s full first name, middle name or initial, if any, and full legal last name, making the identity of the person who made the contribution apparent by unambiguous reference.

(11)(13)  “Telephone bank” means more than 500 telephone calls of an identical or substantially similar nature that are made to the general public within any 30-day period.

Sec. 3.  17 V.S.A. § 2801a is amended to read:

§ 2801a.  EXCEPTIONS

The definitions of “contribution,” “expenditure,” and “electioneering communication” shall not apply to:

(1)  any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication which has not been paid for, or such facilities are not owned or controlled, by any political party, committee, or candidate;

(2)  any communication distributed through a public access television station if the communication complies with the laws and rules governing the station, and all candidates in the race have an equal opportunity to promote their candidacies through the station; and

(3)  any communication by any membership organization or corporation to its members or stockholders unless the communication is made primarily for the purpose of influencing the nomination or election of any person to state or county office.

Sec. 4.  17 V.S.A. § 2805 is amended to read:

§ 2805.  LIMITATIONS OF CONTRIBUTIONS

(a)  A candidate for state representative or local office shall not accept contributions totaling more than $200.00 $250.00 from a single source, or political committee or political party in any two-year general election cycle.

(b)  A candidate for state senator or county office shall not accept contributions totaling more than $300.00 $500.00 from a single source, or political committee or political party in any two-year general election cycle.

(c)  A candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or attorney general shall not accept contributions totaling more than $400.00 $750.00 from a single source, or political committee or political party in any two-year general election cycleA political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000.00 from a single source, political committee or political party in any two-year general election cycle.

(d)  A candidate for the office of governor shall not accept contributions totaling more than $1,000.00 from a single source or political committee in any election.

(b)(e)  A single source, political committee or political party shall not contribute more to a candidate, political committee or political party than the candidate, political committee or political party is permitted to accept under subsection (a) of this section than $20,000.00 to all candidates in any two-year general election cycle.  A single source shall not contribute more than $20,000.00 to all political committees and political parties in any two-year general election cycle.

(c)(f)  A candidate, political party or political committee shall not accept,  from a political party contributions totaling more than the following amounts in any two-year general election cycle, more than 25 percent of total contributions from contributors who are not residents of the state of Vermont or from political committees or parties not organized in the state of Vermont:

(1)  For the office of governor, $30,000.00;

(2)  For the office of lieutenant governor, $10,000.00;

(3)  For the office of secretary of state, state treasurer, auditor of accounts, or attorney general, $5,000.00;

(4)  For the office of state senator or county office, $2,000.00;

(5)  For the office of state representative or local office, $1,000.00.

(g)  A single source, political committee, or political party shall not contribute more to a candidate, political committee, or political party than the candidate, political committee, or political party is permitted to accept under subsections (a) through (e) and (g) of this section.

(d)(h)  A candidate shall not accept a monetary contribution in excess of $50.00 unless made by check, credit or debit card, or other electronic transfer.

(e)(i)  A candidate, political party, or political committee shall not knowingly accept a contribution which is not directly from the contributor, but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, or otherwise circumventing the provisions of this chapter.  It shall be a violation of this chapter for a person to make a contribution with the explicit or implicit understanding that the contribution will be transferred in violation of this subsection.

(f)(j)  This section shall not be interpreted to limit the amount a candidate or his or her immediate family may contribute to his or her own campaign.  For purposes of this subsection, “immediate family” means individuals related to the candidate in the first, second or third degree of consanguinity a candidate’s spouse or civil union partner, parent, grandparent, child, grandchild, sister, brother, stepparent, stepgrandparent, stepchild, stepgrandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son‑in‑law, daughter-in-law, guardian, or former guardian.

(g)(k)  The limitations on contributions established by this section shall not apply to contributions made for the purpose of advocating a position on a public question, including a constitutional amendment.

(h)(l)  For purposes of this section, the term “candidate” includes the candidate’s political committee.

(m)  The contribution limitations contained in this section shall be adjusted for inflation by increasing them based on the Consumer Price Index.  Increases shall be rounded up to the nearest $10.00.  Increases shall be effective for the first two-year general election cycle beginning after the general election held in 2008.  On or before July 1, 2009, the secretary of state shall calculate and publish the amount of each limitation that will apply to the election cycle in which July 1, 2009 falls.  On July 1 of each subsequent odd-numbered year, the secretary shall publish the amount of each limitation for the election cycle in which that publication falls.

Sec. 5.  17 V.S.A. § 2805b is added to read:

§ 2805b.  LIMITATIONS ON CONTRIBUTIONS; POLITICAL COMMITTEES

A political committee, other than a political committee of a candidate, or a political party shall not accept contributions totaling more than $2,000.00 from a single source, political committee or political party in any two-year general election cycle.

Sec. 6.  17 V.S.A. § 2809 is amended to read:

§ 2809.  ACCOUNTABILITY FOR RELATED COORDINATED EXPENDITURES

(a) A related coordinated campaign expenditure made on a candidate's behalf shall be considered a contribution to the candidate on whose behalf it was made.

(b)  A related coordinated campaign expenditure made on a candidate's behalf shall be considered an expenditure by the candidate on whose behalf it was made.  However, if the expenditure did not exceed $50.00, the expenditure shall not be considered an expenditure by the candidate on whose behalf it was made.

(c)  For the purposes of this section, a "related coordinated campaign expenditure made on the candidate's behalf" means any expenditure intended to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by or approved by the candidate or the candidate's political committee  made by a single source, political committee, or political party in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s political committee or an agent, unless otherwise exempt under subdivision 2801(3) or (4) or section 2801a of this title.

(d)  An expenditure made by a political party or by a political committee that recruits or endorses candidates, that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure, is presumed to be a related expenditure made on behalf of those candidates. An expenditure made by a political party or by a political committee that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion or organizational capacity shall not be presumed to be a related expenditure made on a candidate's behalf. In addition, an expenditure shall not be considered a "related campaign expenditure made on the candidate's behalf" if all of the following apply:

(1)  The expenditures were made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet the candidate personally.

(2)  The expenditures were made only for refreshments and related supplies that were consumed at that event.

(3)  The amount of the expenditures for the event was less than $100.00.

For the purposes of this section, a "coordinated campaign expenditure made on the candidate's behalf" does not mean:

(1)  the cost of invitations and postage and of food and beverages voluntarily provided by an individual to provide an opportunity for a group of voters to meet a candidate, if the cumulative value of these activities by the individual on behalf of any candidate does not exceed $500.00 per election;

(2)  the sale of any food or beverage by a vendor at a charge less than the normal comparable charge, for use at a campaign event providing an opportunity for a group of voters to meet a candidate, if the charge to the candidate is at least equal to the cost of the food or beverages to the vendor and if the cumulative value of the food or beverages does not exceed $500.00 per election; or

(3)  amounts expended by an association or a membership organization in compiling and disseminating a nonpartisan voter guide that includes reports of votes on legislation by, or answers to written questions directed to, all or substantially all of the candidates seeking election to the general assembly or to statewide office, about the candidates’ positions on issues of concern to the association or organization, if all of the following apply:

(A)  the association or organization has been in continuous existence at least six months prior to the primary election date and was not created for the primary purpose of influencing elections;

(B)  the association or organization identifies itself as the sponsor of the communication, and accepts no funding from a candidate, political committee, or political party to defray the costs of the voter guide;

(C)  the voter guide does not contain a phrase such as “vote for,” “re‑elect,” “support,” “cast your ballot for,” “(name of candidate) for Senate,” “(name of candidate) in (year),” “vote against,” “defeat,” or “reject,” or equivalent campaign slogans or words that advocate the election or defeat of a clearly identified candidate; and

(D)  the voter guide does not contain photographs or messages provided by a candidate or his or her political committee or agents other than responses of 10 words or less to the general questionnaire submitted to all candidates.

* * *

Sec. 7.  17 V.S.A. § 2893(b) is amended to read:

(b)  In addition to any other reports required to be filed under this chapter, a person who makes expenditures for any one mass media activity totaling $500.00 or more within 30 days of a primary or general election shall, for each activity, file a mass media report with the secretary of state and send a copy copies, by a verifiable method of sending, of the mass media report and the complete mass media activity in the same format as distributed to the public to each candidate whose name or likeness is included in the activity within 24 hours of the expenditure or activity, whichever occurs first at the same time as the release of the information contained in the mass media activity to the public.  For the purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.  The report shall identify the person who made the expenditure with the name of the candidate involved in the activity and any other information relating to the expenditure that is required to be disclosed under the provisions of subsections 2803(a) and (b) of this title.

Sec. 8.  REPEAL

17 V.S.A. § 2805a (campaign expenditure limitations) is repealed.

Sec. 9.  EFFECTIVE DATE

This act shall take effect upon passage.

The Committee further recommends that after passage of the bill the title be amended to read as follows:  “AN ACT RELATING TO CAMPAIGN FINANCE”

(Committee vote: 4-0-1)

Reported without recommendation by Senator MacDonald for the Committee on Finance.

ORDERED TO LIE

S. 194

An act relating firefighters and cancer caused by employment.

PENDING ACTION:  Second reading of the bill.

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16a

     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 today’s adjournment.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.  For text of resolutions, see Addendum to Senate Calendar of Thursday, March 22, 2007, 2007.

SENATE CONCURRENT RESOLUTIONS

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)

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).  

     Thursday, March 29, 2007 - 7:00-9:00 P.M. - Interactive television sites:  Bennington, Castleton, Johnson, Lyndonville, Middlebury, Montpelier, Randolph Center, Springfield, St. Albans, White River Junction and Williston.  Re:  S. 102, S. 118 - Education Cost Containment - Sen. Committee on Education.

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:

     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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