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Senate Calendar

wednesday, february 13, 2008

37th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED

S. 358     Relating to enhanced driver licenses................................................... 139

NEW BUSINESS

Third Reading

S. 241     Special veteran and gold star registration plates................................. 139

S. 313     Relating to a license to store and ship wine........................................ 139

H. 665    Political party state committee membership........................................ 139

H. 737    Relating to fiscal year 2008 budget adjustments................................. 139

                        Sen. Bartlett amendment.......................................................... 139

Second Reading

Favorable with Recommendation of Amendment

S. 200     Relating to establishing a construction trust fund................................. 140

                        Judiciary Committee Report..................................................... 140

S. 232     Relating to mobile polling stations...................................................... 141

                        Government Operations Committee Report.............................. 141

S. 238     Relating to penalties for possession or sale of marijuana..................... 142

                        Judiciary Committee Report..................................................... 142

S. 340     Mammography patient cost containment............................................ 143

                        Finance Committee Report...................................................... 143

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 144


S. 102     School dist. excess spending............................................................. 144

S. 118     Fiscal review of high spending school districts.................................... 144

JRS 24   Congressional “fast track” review of trade agreements....................... 144





 

ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED

S. 358

An act relating to enhanced driver licenses.

Pending Question:  Shall the bill be read the third time?

NEW BUSINESS

Third Reading

S. 241

An act relating to the special veteran and gold star registration plates.

S. 313

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

H. 665

An act relating to political party state committee membership.

H. 737

An act relating to fiscal year 2008 budget adjustments.

AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO H. 737 TO BE OFFERED BY SENATOR BARTLETT, ON BEHALF OF THE COMMITTEE ON APPROPRIATIONS BEFORE THIRD READING

Senator Bartlett, on behalf of the Committee on Appropriations, moves to amend the Senate proposal of amendment as follows:

     First:  In Sec. 75(c), by striking out the figure “$1,568,787” and inserting in lieu thereof the figure $1,718,787 and at the end of the first sentence by striking out the words “with the exception of $150,000

     Second:  After Sec. 78, by adding a new section to be numbered Sec. 78a to read as follows:

Sec. 78a.  Sec. 279(b) of No. 65 of the Acts of 2007 is amended to read:

     (b)  In accordance with Notwithstanding 19 V.S.A. § 13(c), the amount of $900,000 is transferred from the transportation fund to the central garage fund created in 19 V.S.A. § 13.

     Third:  By striking out Sec. 83a in its entirety and inserting in lieu thereof a new Sec. 83a to read as follows:

Sec. 83a.  MUNICIPAL TICKET REPAYMENT; NOTWITHSTANDING

     (a)  Notwithstanding the provisions of 4 V.S.A. § 28(a)(2), the town of Newport may receive such additional loans from the fund between June 30, 2001 and June 30, 2004 in an amount not to exceed $55,000. 

Second Reading

Favorable with Recommendation of Amendment

S. 200

An act relating to establishing a construction trust fund.

Reported favorably with recommendation of amendment by Senator Campbell for the Committee on Judiciary.

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.  9 V.S.A. § 4005a is added to read:

§ 4005a.  FUND HELD IN TRUST; COMMINGLING; NO EFFECT ON

TITLE TO REAL PROPERTY

(a)  For the purposes of this section:

(1)  “Claim” means any valid claim for materials furnished or services rendered in the construction, repair, remodeling, improvement, or renovation of any building or structure for which the claimant has a lien or the right to claim a lien.

(2)  “Express trust” means funds that have been paid by an owner, for or in connection with services, labor, or materials used in an improvement of real property, which are to be held by a contractor or subcontractor, in express trust, for those services, labor, or materials.  Any such contractor or subcontractor who accepts money from any owner or contractor shall become the trustee of the express trust that is created pursuant to this section.  The amounts received by such contractor or subcontractor under or in connection with each building project shall be a separate trust and the contractor or subcontractor, or any successor or assign or both of such contractor or subcontractor that hold such trust funds, shall be a trustee thereof.  These funds are not required to be held in any separate account by a contractor or subcontractor.  Such trust shall be effective against and shall have priority over any unsecured interest of a party seeking payment from such contractor or subcontractor for claims other than those that are due and owing by reason of the specific building project for which the trust was created, whether such creditors are foreign attachment or other judicial lien creditors, a trustee in bankruptcy or similar creditors or representatives or creditors of the contractor or subcontractor.

(b)  Funds held in express trust are not required to be held in any separate account by a contractor or subcontractor.

(c)  No express trust shall be required for a federal, state, or municipal project.

(d)  The amount payable to any contractor or subcontractor under any contract for the construction, repair, remodeling, improvement, or renovation of any building or structure shall, upon receipt by such contractor or subcontractor, be held in express trust by such contractor or subcontractor for the payment of all claims that are due and owing, or to become due and owing, by such contractor or subcontractor by reason of such construction, repair, remodeling, improvement, or renovation.

(e)  Any amount required to be held in express trust under this

section shall be applied to the payment of the corresponding claims specified in this section.

(f)  Nothing herein shall be construed to create a lien on real property.  The existence of an express trust under this section shall not prohibit the filing or enforcement of a lien against the affected real property pursuant to chapter 51 of Title 9 by any claimant.  A priority lien of a secured lender shall not be subordinate to an express trust.

(g)  In the case of an express trust which is not held by a corporation, limited liability partnership, or limited liability company, liability for sums due under this section shall only attach to the principal or head of the company which holds the funds under the express trust.

(Committee vote: 5-0-0)

S. 232

An act relating to mobile polling stations.

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

The Committee recommends that the bill be amended by adding a new Sec. 2 to read as follows:

Sec. 2.  REPEAL

17 V.S.A. § 2532a (mobile polling stations) shall be repealed on July 1, 2009.

(Committee vote: 5-0-0)

S. 238

An act relating to penalties for possession or sale of marijuana.

Reported favorably with recommendation of amendment by Senator Sears for the Committee on Judiciary.

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.  18 V.S.A. § 4230 is amended to read:

§ 4230.  MARIJUANA

(a)  Possession and cultivation.

(1)(A)  A person knowingly and unlawfully possessing marijuana shall be imprisoned not more than six months or fined not more than $500.00, or both in an amount consisting of one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or less shall be fined not more than $500.00 for a first offense and $750.00 for a second offense, and shall be imprisoned not more than six months and fined not more than $750.00, or both, for a third or subsequent offense.  Notwithstanding any provision to the contrary, a person charged under this subdivision (1)(A) for a first or second offense shall have the option of participating in a diversion program subject to approval of the diversion board.   If a person has completed diversion pursuant to this subdivision on two prior occasions the person may participate in diversion a third or subsequent time only upon referral by the state’s attorney.

(B)  A person convicted of a second or subsequent offense under this subdivision knowingly and unlawfully possessing marijuana in an amount consisting of one or more preparations, compounds, mixtures, or substances of an aggregate weight of more than one ounce but less than two ounces shall be imprisoned not more than two years or fined not more than $2,000.00, or both.  Upon an adjudication of guilt for a first offense under this subdivision, the court may defer sentencing as provided in section 7041 of Title 13 except that the court may in its discretion defer sentence without the filing of a presentence investigation report and except that sentence may be imposed at any time within two years from and after the date of entry of deferment.  The court may prior to sentencing, order that the defendant submit to a drug assessment screening which may be considered at sentencing in the same manner as a presentence report.

(2)  A person knowingly and unlawfully possessing marijuana in an amount consisting of one or more preparations, compounds, mixtures, or substances, of an aggregate weight of two ounces or more containing any marijuana or knowingly and unlawfully cultivating more than three plants of marijuana shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

* * *

Sec. 2.  SENTENCING COMMISSION

The Vermont sentencing commission shall review current sentencing practices for drug possession pursuant to sections 4230–4235a of Title 18 and determine whether current sentencing is consistent with best practices.  The commission shall report to the senate and house committees on judiciary on its findings and any recommended changes to the drug possession statutes no later than December 1, 2008.

and that upon passage, the title of the bill shall be “An Act Relating to Penalties for Possession of Marijuana”

(Committee vote: 4-1-0)

S. 340

An act relating to mammography patient cost containment.

Reported favorably with recommendation of amendment by Senator Ayer 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.  8 V.S.A. § 4100a(a) is amended to read:

(a)  Insurers shall provide coverage for screening by low-dose mammography for the presence of occult breast cancer, as provided by this subchapter.  Benefits provided shall be at least as favorable as coverage for other radiological examinations and subject to the same dollar limits, deductibles, and coinsurance factors within the provisions of the policy cover the full cost of the mammography service, subject to a co-payment no greater than the co-payment applicable to care or services provided by a primary care physician under the insured’s policy, provided that no co-payment shall exceed $25.00.  Mammography services shall not be subject to deductible or coinsurance requirements.

Sec. 2.  APPLICABILITY AND EFFECTIVE DATE

This act shall take effect on October 1, 2008 and shall apply to all health benefit plans on and after October 1, 2008 on such date as a health insurer offers, issues, or renews the health benefit plan, but in no event later than October 1, 2009.

(Committee vote: 6-1-0)

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.

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)

David Herlihy of Waitsfield - Commissioner of the Department of Human Resources - By Senator Doyle for the Committee on Government Operations.  (2/8)

Fayneese Miller of South Burlington - Member of the State Board of Education - By Senator Collins for the Committee on Education.  (2/13)

Lisa Mitiguy Randall of Colchester - Chair of the Vermont Housing Finance Agency - By Senator Condos for the Committee on Finance.  (2/13)

Nathaniel M. Hayward of South Hero - Member of the Vermont Economic Development Authority - By Senator Condos for the Committee on Finance.  (2/13)

Peter J. Wright of Lake Elmore - Member of the Vermont State Colleges Board of Trustees - By Senator Starr for the Committee on Education.  (2/13)

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:

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

103.  Mercury Auto Switch Recovery Program Annual Report.  (Agency of Natural Resources).  (February 2008).

104.  Energy Efficiency Utility Program Revenues and Expenditures.  (February 2008).

105.  Transportation of Individuals in the Custody of the State.  (February 2008).  (Agency of Human Services, Department for Children and Families).

PUBLIC HEARINGS

Wednesday, February 20, 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 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.



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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