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Senate Calendar

wednesday, february 6, 2008

30th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

Second Reading

Favorable with Proposal of Amendment

H. 93      Relating to beer producers’ interest in retail liquor licenses................... 95

                        Ec. Dev., Housing & General Affairs Committee Report............. 95

Joint Resolution for Action

JRS 49   Collection of United States census data in Vermont............................. 96

NOTICE CALENDAR

Favorable with Proposal of Amendment

S. 313     Relating to a license to store and ship wine.......................................... 96

                        Ec. Dev., Housing & General Affairs Committee Report............. 96

Committee Bill for Notice

S. 358     Relating to enhanced driver licenses..................................................... 97

                        Committee on Transportation..................................................... 97

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.................................. 98


S. 102     School dist. excess spending............................................................... 98

S. 118     Fiscal review of high spending school districts...................................... 98

JRS 24   Congressional “fast track” review of trade agreements......................... 98




 

ORDERS OF THE DAY

ACTION CALENDAR

Second Reading

Favorable with Proposal of Amendment

H. 93

An act relating to beer producers’ interest in retail liquor licenses.

Reported favorably with recommendation of proposal of amendment by Senator Illuzzi for the Committee on Economic Development, Housing and General Affairs.

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  7 V.S.A. § 230(a) is amended to read:

(a)  Except as provided in subdivision 2(15) of this title a bottler, manufacturer, or rectifier, bottler licensed in Vermont or in another state, a certificate of approval holder, or wholesale dealer shall not have any financial interest in the business of a first, second, or third class license, and a first, second, or third class licensee may not have any financial interest in the business of a bottler, manufacturer, or rectifier, bottler licensed in Vermont or in another state, a certificate of approval holder, or wholesale dealer.  However, a manufacturer of malt beverages may have a financial interest in the business of a first or second class license, and a first or second class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided a first or second class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest.  However, a certificate of approval holder for malt beverages or a certificate of approval holder for vinous beverages who is a manufacturer or rectifier may own a licensed retail business so long as the ownership is total and unconditional and has the prior approval of the Liquor Control Board.  All licenses or permits granted under this title shall be conspicuously displayed on the premises for which the license or permit is granted.  Any manufacturer of malt beverages that has a financial interest in a first or second class licensee and any first or second class licensee that has a financial interest in a manufacturer of malt beverages, as permitted under this section, shall provide to the department of liquor control and the applicable wholesale dealer written notification of that financial interest and the licensees involved.  A wholesale dealer shall not be in violation of this section for delivering malt beverages to a first or second class licensee that is prohibited from purchasing, possessing, or selling those malt beverages under this section.

Sec. 2.   EFFECTIVE DATE

This bill shall take effect on passage.

(Committee Vote: 5-0-0)

(No House amendments.)

Joint Resolution for Action

J.R.S. 49

     Joint resolution relating to the collection of United States census data in Vermont.

     (For text of resolution, see Senate Journal of February 5, 2008, page 91).

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 313

An act relating to a license to store and ship wine.

Reported favorably with recommendation of amendment by Senator Miller for the Committee on Economic Development, Housing and General Affairs.

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.  7 V.S.A. § 68 is added to read:

§ 68.  VINOUS BEVERAGE STORAGE AND SHIPPING LICENSE

The liquor control board may grant to a person who operates a climate-controlled storage facility in which vinous beverages owned by another person  are stored for a fee a license that allows the licensee to store and transport vinous beverages on which all applicable taxes already have been paid.  A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous manufacturer pursuant to the provisions of this section of this title.  Vinous beverages stored may be transported only for shipment to the owner of the beverages or to another licensed vinous beverage storage facility, and the beverages shall be shipped only by common carrier in compliance with subsection 66(f) of this title.  The licensee shall pay a fee pursuant to subdivision 231(a)(20) of this title.   A license under this section shall be issued pursuant to rules adopted by the board.  A person granted a license pursuant to this section may not sell or resell any vinous beverages by virtue of this license alone. 

Sec. 2.  7 V.S.A. § 64(b) is amended to read:

(b)  Except as provided in section 66 sections 66 and 68 of this title, all malt or vinous beverages, or both, imported or transported into this state shall be imported or transported by and through a wholesale dealer holding a wholesale dealer's license issued by the liquor control board.  A person importing or transporting or causing to be imported or transported into this state any malt or vinous beverages, or both, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.  Provided, however, a person may import or transport not more than six gallons of malt or vinous beverages, or both, into this state in his or her own private vehicle or in his or her actual possession at the time of importation without permit providing it is not for resale.

Sec. 3.  7 V.S.A. § 66(f) is amended to read:

(f)  A common carrier shall not deliver vinous beverages until it has complied with the training provisions in subsections 239(a) and (b) of this title and been certified by the department of liquor control.  No employee of a certified common carrier may deliver vinous beverages until that employee completes the training provisions in subsection 239(c) of this title.  A common carrier shall deliver only vinous beverages that have been shipped by the holder of a license issued under this section or a vinous beverage storage license issued under section 68 of this title.

Sec. 4.  7 V.S.A. § 231(a)(20) is added to read:

(a)  The following fees shall be paid:

* * *

(20)  For a vinous beverages storage license, $200.00 per year.

Sec. 5.  EFFECTIVE DATE

     This act shall take effect upon passage.

(Committee vote: 5-0-0)

Committee Bill for Notice

S. 358

An act relating to enhanced driver licenses.

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.  (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:

95.  Funds Expended & Required to Treat Eligible Children, Adolescents and CRT Beneficiaries with Co-Occurring Substance Abuse and Mental Health Disorders.  (Agency of Human Services, Department of Health).  (January 2008).

96.  Vermont Health Care Expenditure Analysis & Three-Year Forecast 2006 Report.  (Department of Banking, Insurance, Securities and Health Care Administration).  (January 2008).

97.  Substantial Cost Overruns Annual Report.  (Agency of Transportation, Policy and Planning Division).  (January 2008).

98.  Juvenile Justice Commission Report.  (Agency of Human Services, Department for Children and Families and Department of Corrections).  (January 2008).

99.  Services for Individuals with Autism Spectrum Disorders Report.  (Agency of Human Services and Department of Education).  (February 2008).

100.  Vermont Sustainable Jobs fund FY07 Annual Report & 10 Year Retrospective.  (February 2008).

101.  Legislative Study of State Aid to Support Public Libraries.  (Joint Fiscal Office and the Legislative Council).  (February 2008).

102.  Vermont Labor Relations Board Annual Report.  (February 2008).

JOINT ASSEMBLY

Thursday, February 21, 2008 - 10:30 A.M. - House Chamber - Election of two (2) trustees for the Vermont State Colleges Corporation.

Candidates for the positions of trustee must notify the Secretary of State in writing not later than Thursday, February 14, 2008, by 5:00 P.M. pursuant to the provisions of 2  V.S.A. §12(b).  Otherwise their names will not appear on the ballots for these positions.

The following rules shall apply to the conduct of these elections:

First:  All nominations for these offices will be presented in alphabetical order prior to voting.

Second:  There will be only one nominating speech of not more than three (3) minutes and not more than two seconding speeches of not more than one (1) minute each for each nominee.


PUBLIC HEARINGS

Wednesday, February 6, 2008 - Room 11 - 7:00-8:30 p.m.  “The Future of Fuel Costs in Vermont” - House Natural Resources & Energy; House Ways & Means and Commerce Committees. 

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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