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Senate Calendar

wednesday, january 16, 2008

9th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

Third Reading

S. 318     Municipalities of Hardwick, Hyde Park, Johnson, Morrisville, and Stowe.       24

                              Sen. Cummings amendment................................................. 24

NOTICE CALENDAR

Favorable

S. 257     Medicaid coverage of naturopathic physicians..................................... 26

                              Health and Welfare Committee Report................................. 26

Committee Bill for Notice

S. 342     Lake Champlain commemorative motor vehicle plates......................... 26

                              Committee on Transportation............................................... 26

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.................................. 26


S. 102     School dist. excess spending............................................................... 26

S. 118     Fiscal review of high spending school districts...................................... 26

JRS 24   Congressional “fast track” review of trade agreements......................... 26




 

ORDERS OF THE DAY

ACTION CALENDAR

Third Reading

S. 318

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

AMENDMENT TO S. 318 TO BE OFFERED BY SENATOR CUMMINGS, ON BEHALF OF THE COMMITTEE ON FINANCE, BEFORE THIRD READING

Senator Cummings, on behalf of the Committee on Finance, moves to amend the bill 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 equity ownership by any means permitted under subchapters 1 and 2 of chapter 53 of Title 24 or municipal charter.  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 or municipal charter, may pledge its credit or the net revenues of its municipal plant by issuing negotiable orders, warrants, notes, or bonds for the acquisition of equity ownership in Vermont Transco LLC or Vermont Electric Power Company or both pursuant to subsection 604(e) of this title.  In addition, an acquisition of equity ownership may be effected through any instrument permitted under section 1789 of Title 24.  Acquisition costs may include all costs, whether incurred prior to or after the issue of bonds or notes relating to the acquisition of equity ownership under this chapter.  Acquisition of equity ownership is an improvement as defined in subdivision 1751(3) of Title 24.

(b)  The obligations shall be issued in accordance with chapter 53 of Title 24 or municipal charter.  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.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

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”

NOTICE CALENDAR

Favorable

S. 257

An act relating to Medicaid coverage of naturopathic physicians.

Reported favorably by Senator White for the Committee on Health and Welfare upon Commitment.

(Committee vote: 6-0-0)

Committee Bill for Notice

S. 342

An act relating to Lake Champlain commemorative motor vehicle plates.

By the Committee on Transportation.

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.

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.

Kevin Dorn of Essex Junction - Secretary of the Agency of Commerce & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Bruce Hyde of Granville - Commissioner of the Department of Tourism & Marketing - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

John Hall of St. Johnsbury - Commissioner of the Department of Housing & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Michael W. Quinn of Essex Junction - Commissioner of the Department of Economic Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board and Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board & Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Brian Vachon of Middlesex - Member of the State Board of Education - By Sen. Doyle for the 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:

28.  Bicycle-Pedestrians Accommodations Activities Report.  (Agency of Transportation, Program Development Division).  (January 2008).

29.  Connecticut River Bridge Projects Annual Report.  (Agency of Transportation, Program Development Division).  (January 2008).

30.  Funding Alternatives for Large Bicycle & Pedestrian Facilities.  (Agency of Transportation, Program Development Division).  (January 2008).

31.  State Aid for School Construction Analysis in Vermont:  An analysis of Options for Changing the Current System.  (Joint Fiscal Office).  (January 2008).

32.  Department of Liquor Control Report on Commercial Caterers.  (January 2008).

33.  Common Claims Work Group Final Report.  (Vermont Association of Hospitals and Health Systems).  (January 2008).

34.  Proposal for an Automated System for the Department of Fish & Wildlife to Suspend a License to Hunt, Fish, or Trap for Various Violations.  (Department of Fish & Wildlife).  (January 2008).

35.  Recommendation for Conducting a Survey of the Health Insurance Status of Vermont Residents.  (Department of Banking, Insurance, Securities and Health Care Administration).  (January 2008).

36.  Office of the State Treasurer 2007 Annual Report.  (January 2008).

37.  Sexual Violence Prevention Task Force Report:  Year Two.  (Sexual Violence Prevention Task Force and the Anti-Violence Partnership at the University of Vermont).  (January 2008).

38.  Insurer Mental Health and Substance Abuse Report Card 2008 Report.  (January 2008).

39.  Vermont Long Term Care Partnership Program.  (Department of Banking, Insurance, Securities and Health Care Administration).  (January 2008).

40.  Enhanced 9-1-1 Board Report.  (January 2008).

41.  Tobacco Compliance Tests Conducted During Calendar Year 2007 Report.  (Department of Liquor Control).  (January 2008).

42.  Restoration of the Department of Mental Health Legislative Report.  (January 2008).

43.  Transportation of Individuals in the Custody of the Commissioner of Mental Health 2008 Legislative Report.  (January 2008).

44.  Division of Property Valuation and Review 2008 Annual Report.  (Vermont Department of Taxes).  (January 2008).

45.  Use of the Performance Based Approach for Design of Wastewater Disposal Systems (Subject to the Wastewater System and Potable Water Supply Rules).  (Agency of Commerce and Community Affairs).  (January 2008).

46.  Vermont Health Care Expenditure Analysis & Three-Year Forecast.  (Department of Banking, Insurance, Securities and Health Care Administration).  (January 2008).

46.  Vermont Health Care Expenditure Analysis & Three-Year Forecast.  (Department of Banking, Insurance, Securities and Health Care Administration).  (January 2008).

NOTICE OF JOINT ASSEMBLY

Tuesday, January 22, 2008 - 2:00 p.m., Joint Assembly - to receive the Governor’s budget message.

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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