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Senate Calendar

friday, january 11, 2008

4th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 318     Municipalities of Hardwick, Hyde Park, Johnson, Morrisville, and Stowe.       12

                              Finance Committee Report.................................................. 12

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.................................. 14


S. 102     School dist. excess spending............................................................... 14

S. 118     Fiscal review of high spending school districts...................................... 14

JRS 24   Congressional “fast track” review of trade agreements......................... 14

Concurrent Resolutions for Adoption

(For text of Resolution, see Addendum to January 10, 2007 Calendar)

SCR 25 Bernie Gonyaw on his retirement from the Newport Express.................. 1




 

ORDERS OF THE DAY

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 318

An act relating to the municipalities of Hardwick, Hyde Park, Johnson, Morrisville and Stowe.

Reported favorably with recommendation of amendment by Senator MacDonald for the Committee on Finance.

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.  30 V.S.A. chapter 14 is amended to read:

CHAPTER 14.  CITY OF BURLINGTON, VILLAGE OF LYNDONVILLE AND TOWN OF ROCKINGHAM MUNICIPAL UTILITY ACQUISITION OF FACILITIES AND OTHER ASSETS

§ 604.  ADDITIONAL AUTHORITY

(a)  Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of electric utilities or any limitation imposed by their charters, the city of Burlington, the village of Lyndonville acting through its board of trustees, and the town of Rockingham all other Vermont municipal electric utilities shall each have the following additional powers:

* * *

(b)  Other electric utilities, whether cooperative, municipal or privately owned, may enter into and perform contracts with the city of Burlington and all other Vermont municipal electric utilities for the purposes of this section.  The provisions of this chapter shall not otherwise affect the jurisdiction of the public service board regarding the activities of the Burlington electric light department and of the village of Lyndonville electric light department, or any municipal utility formed by the town of Rockingham, within the state of Vermont.

* * *

(e)  A municipality owning a municipal plant and conducting itself as a utility under chapter 79 of this title shall have the authority to acquire equity ownership of Vermont Transco LLC or Vermont Electric Power Company or both and to finance the acquisition of membership units by any means permitted under subchapters 1 and 2 of chapter 53 of Title 24 for the purpose of defraying the share of the costs of a 115 kV transmission line and substation project granted a certificate of public good by the public service board in PSB Docket No. 7032.  The terms under which equity ownership is acquired pursuant to this subsection shall not include any provision of guaranty, assessment, indemnification, or joint and several liability applicable to any such municipality.

* * *

§ 610a.  AUTHORIZATION OF INDEBTEDNESS

(a)  A municipality owning and operating a municipal plant and conducting itself as a utility pursuant to chapter 79 of this title, when authorized as provided in subchapters 1 and 2 of chapter 53 of Title 24, may pledge its credit or the net revenues of its municipal plant by issuing negotiable orders, warrants, notes, or bonds for the purchase of equity ownership in Vermont Transco LLC or Vermont Electric Power Company or both to defray the respective shares of each municipality of project costs of electric power transmission facilities authorized pursuant to subsection 604(e) of this chapter.  In addition, the purchase or project participation may be effected through any instrument permitted under section 1789 of Title 24.  Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes relating to the acquisition of facilities under this chapter, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, planning, engineering, financial advisory and legal services, administrative expenses, prepayments under contracts made pursuant to section 604 of this chapter, the funding of notes issued for project costs, and all other expenses incidental to the determination of the feasibility of any project, or to carrying out the project, or to placing the project in operation.

(b)  The obligations shall be issued in accordance with chapter 53 of Title 24.  The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the municipality.

(c)  Any contract entered into and any debt obligation issued under this section for any purpose pursuant to this chapter shall have been issued for an essential government purpose and shall not be deemed to be a pledge of private credit for public benefit nor a delegation of municipal authority, responsibility, or discretion.

Sec. 2.  CONFIRMATION OF ACQUISITION

A municipality that has acquired any equity ownership in Vermont Transco LLC or Vermont Electric Power Company or both prior to the effective date of this act shall be deemed to have had the authority granted by this chapter to do so.

and that upon passage, the title of the bill shall be amended to read: “AN ACT RELATING TO THE AUTHORITY OF VERMONT MUNICIPALITIES TO ACQUIRE FACILITIES AND OTHER ASSETS”

(Committee vote: 7-0-0)

ORDERED TO LIE

S. 70

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

PENDING ACTION:  Second reading of the bill.

S. 102

An act relating to decreasing the percentage to determine a school district’s excess spending.

PENDING ACTION:  Second reading of the bill.

S. 118

An act relating to fiscal review of high spending districts and special education.

PENDING ACTION:  Second reading of the bill.

J.R.S. 24

Joint resolution relating to the federal “fast track” process for congressional review of international trade agreements.

PENDING ACTION:  Second reading of the resolution.

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, January 10, 2008.

S.C.R. 25

     Senate concurrent resolution congratulating Bernie Gonyaw on his retirement as the press foreman at the Newport Express.

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.

Kenneth Perine of Middlebury - Member of the Vermont Housing and Conservation Board - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs Committee.  (5/11)

Christine Hart of Brattleboro - Member of the Vermont Housing and Conservation Board - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs Committee.  (5/11)

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:

16.  VYCC Clean and Clear Program.  (Department of Environmental Conservation/Northern Vermont RC&D/Vermont Youth Conservation Corps).  (December 2007).

17.  Plan to Reduce Correctional Costs and Achieve Savings for Reinvestment.  (Department of Corrections).  (December 2007).

18.  Department of Liquor Control 2007 Annual Report.  (January 2008).

19.  Act 71 of 2007 Blueprint Implementation Plan.  (Department of Banking, Insurance, Securities and Health Care Administration)  (January 2008).

20.  Workforce Development Sustainable Funding Committee.  (January 2008).

21.  Annual Litigation Fund Report  (Agency of Transportation, Policy and Planning Division).  (January 2008).

22.  Critical Care Transportation Study Committee Report.  (Agency of Transportation, Policy and Planning Division).  (January 2008).

23.  Vermont Sexual Assault Nurse Examiner (SANE) Program Report.  (Victims of Sexual Assault Study Committee).  (January 8, 2008).

24.  Pharmacy Benefit Manager and other Prescription Drug-related Legislation of Act No. 80).  (Vermont State Auditor’s Office)  (January 2008).

25.  Vermont Blueprint for Health 2007 Annual Report.  (Agency of Administration and Department of Health).  (January 2008).

26.  Workforce Report Fiscal Year 2007 and Department of Human Resources Annual Report 2007.  (Department of Human Resources).  (January 2008).

27.  Mental Health Needs of Vermont’s Incarcerated Population and Annual Report of the Joint Legislative Corrections Oversight Committee.  (January 2008).

PUBLIC HEARINGS

Wednesday, January 23, 2008 - Room 11 - 6-8:00 p.m.  S. 238 (Regulating Drugs: Marijuana) S. 250 (Drug Trafficking) Senate Committee on Judiciary.

Joint Public Hearing on Fiscal Year 2009 Budget

Vermont Interactive Television

Appropriations Committees

Monday, February 11, 2008, 4:30-7:00 p.m. – The House and Senate Appropriations Committees will hold a joint public hearing on Vermont Interactive Television (V.I.T.) to give Vermonters throughout the state an opportunity to express their views about the State budget for fiscal year 2009.   All V.I.T. sites will be available for the hearing:  Bennington, Brattleboro, Castleton, Johnson, Lyndonville, Middlebury, Montpelier, Newport, Randolph Center, Rutland, Springfield, St. Albans, Waterbury, White River Junction and Williston.  V.I.T.’s web site at www.vitlink.org has an up-to-date location listing, including driving directions, addresses and telephone numbers.

For information about the format of this event, interested parties may call the House Appropriations Committee office at 802/828-2251. 



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