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Senate Calendar

friday, january 25, 2008

18th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

Second Reading

Favorable with Recommendation of Amendment

S. 107     Mapping class four town highways and trails........................................ 60

                              Government Operations Committee Report.......................... 60

S. 284     Dept. of Banking, insurance, securities & health care admin................. 60

                              Finance Committee Report.................................................. 60

S. 343     Partnership for long-term care program............................................... 61

                              Finance Committee Report.................................................. 61

Committee Bill for Second Reading

S. 351     Consolidating management of public records....................................... 61

                              By Government Operations Committee................................ 61

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.................................. 61


S. 102     School dist. excess spending............................................................... 62

S. 118     Fiscal review of high spending school districts...................................... 62

JRS 24   Congressional “fast track” review of trade agreements......................... 62

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to January 24, 2008 Calendar)

HCR 185 Susan Hennessey - Milken Family Foundation Educator Award......... 28

HCR 186 Hardwood Union High School boys’ cross-country team................... 29

HCR 187 Jean Berthiaume-Victor R. Swenson Humanities Educator Award...... 30

HCR 188 Harwood Union High School boys’ soccer team................................ 31

HCR 189 Honoring former Windham State’s Attorney Dan M. Davis................ 32

HCR 190 Cub Scout Pack 401 Bellows Falls 2007 VT Pack of the Year.......... 33

HCR 191 In Memory of Jay Gordon and his wife Joan Gordon......................... 34

HCR 192 Congratulating Mary Meyer Corporation on its 75th Anniversary....... 36

HCR 193 Vermont Association of Snow Travelers 40th Anniversary................. 37

HCR 194 50th Anniversary of the Chittenden Fire & Rescue............................. 38

HCR 195 Honoring Thomas Anthony Levesque for 28 years public service....... 39

HCR 196 Missisquoi Valley Union High School girls’ cross-country team.......... 40

HCR 197 Edward Koren-2007 Governor’s Award for Excellence in the Arts.... 41

HCR 198 In Memory of Rep. Cola Hudson...................................................... 43




 

ORDERS OF THE DAY

ACTION CALENDAR

Second Reading

Favorable with Recommendation of Amendment

S. 107

An act relating to mapping class four town highways and trails and mass discontinuances of unmapped town highways.

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

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.  19 V.S.A. § 305(h) is amended to read:

(h)  Notwithstanding the provisions of subchapter 7 of chapter 7 of this title, on or before July 1, 2009, a municipality's legislative body may vote to discontinue all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section.  For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

* * *

(Committee vote: 5-0-0)

S. 284

An act relating to the department of banking, insurance, securities, and health care administration.

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

The Committee recommends that the bill be amended by adding a new Sec. 1 to read as follows:

Sec. 1.  8 V.S.A. § 2201(c) is amended to read:

(c)  No license shall be required of:

* * *

(11)  nonprofit institutions of higher education, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, that make residential mortgage loans to their employees from their own funds; or

(12)  a seller who, pursuant to subdivision 2355(f)(1)(D) of Title 9, includes the amount paid or to be paid by the seller to discharge a security interest, lien interest, or lease interest on the traded-in motor vehicle in a motor vehicle retail installment sales contract, provided that the contract is purchased, assigned, or otherwise acquired by a sales finance company licensed pursuant to this title to purchase motor vehicle retail installment sales contracts or a bank; or

(13)  nonprofit organizations established under testamentary instruments, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and which make loans for postsecondary educational costs to students and their parents, provided that the organizations provide annual accountings to the probate court pursuant to 14 V.S.A. § 2324.

and by renumbering the remaining sections to be numerically correct.

(Committee vote: 7-0-0)

S. 343

An act relating to the partnership for long-term care program.

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

The Committee recommends that the bill be amended in Sec. 1, 33 V.S.A. §1908a(c)(3), after the word “shall” by inserting the word not.

(Committee vote: 6-1-0)

Committee Bill for Second Reading

S. 351

An act relating to consolidating management of public records.

By the Committee on Government Operations.

(Sen. Coppenrath for the Committee).

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 24, 2008.

H.C.R. 185

House concurrent resolution congratulating Susan Hennessey on the receipt of a Milken Family Foundation National Educator Award

H.C.R. 186

House concurrent resolution congratulating the Harwood Union High School Highlanders 2007 Division II championship boys’ cross-country team

H.C.R. 187

House concurrent resolution congratulating Jean Berthiaume on his receipt of the 2007 Victor R. Swenson Humanities Educator Award

H.C.R. 188

House concurrent resolution congratulating the 2007 Harwood Union High School Highlanders Division II championship boys’ soccer team

H.C.R. 189

House concurrent resolution honoring former Windham State’s Attorney Dan M. Davis

H.C.R. 190

House concurrent resolution congratulating Cub Scout Pack 401 of Bellows Falls on being designated the 2007 Vermont Pack of the Year

H.C.R. 191

House concurrent resolution in memory of former auditor of accounts Jay Gordon and his wife, Joan Gordon

H.C.R. 192

House concurrent resolution congratulating the Mary Meyer Corporation on its 75th anniversary

H.C.R. 193

House concurrent resolution congratulating the Vermont Association of Snow Travelers on its 40th anniversary

H.C.R. 194

House concurrent resolution congratulating the Chittenden Fire and Rescue on its 50th anniversary

H.C.R. 195

House concurrent resolution honoring Thomas Anthony Levesque for 28 years of public service as the Chittenden East Supervisory Union district treasurer

H.C.R. 196

House concurrent resolution congratulating the 2007 Missisquoi Valley Union High School Thunderbirds championship Division II girls’ cross‑country team

H.C.R. 197

House concurrent resolution congratulating Edward Koren of Brookfield as the recipient of the 2007 Governor’s Award for Excellence in the Arts

H.C.R. 198

House concurrent resolution in memory of Representative Cola Hudson, the dean of the House of Representatives


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.  (1/17)

Gerald J. Myers of Winooski - Commissioner of the Department of Buildings and General Services - By Sen. Scott for the Committee on Institutions.  (1/23)

Thomas Scala of Brattleboro - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

Virginia Barry of Barre - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

David J. Kurzman of Beecher Falls - Member of the Vermont Economic Development Authority - By Sen. Maynard for the Committee on Finance.  (1/23)

Heidi Pelletier of Montpelier – Member of the Vermont State Colleges Board of Trustees – By Senator Doyle for the Committee on Education. (1/23)

Jessica Bullock of Clarendon – Member of the State Board of Education – By Senator Nitka for the Committee on Education. (1/23)

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:

80.  Potential Legislation to Enable Electric Utilities to Facilitate Telecommunications Deployment in Vermont.  (Department of Public Service).  (January 2008).

81.  Agency of Administration, Department of Buildings & General Services Report.  (January 2008).

82.  Fleet Management Services Fiscal Year 2007 Annual Report.  (Department of Buildings and General Services)  (January 2008).

83.  Environmental Assistance Office Biennial Report.  (Agency of Environmental Conservation).  (January 2008).

84.  Agency of Natural Resources Legislative Report. (Agency of Natural Resources, Department of Environmental Conservation).  (January 2008).

85.  Mercury Pollution Annual Legislative Report.  (January 2008).

86.  Implementation of Act 114 at the Vermont State Hospital Legislative Report.  (Agency of Human Services, Department of Mental Health).  (January 2008).

87.  Vermont Center for Geographic Information Inc.  (January 2008).

88.  Solid Waste Management Legislative Report.  (Agency of Natural Resources, Department of Environmental Conservation).  (January 2008).

89.  Gross Operating Revenues of Regulated Utilities for FY 2007.  (Public Service Board).  (January 2008).


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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