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Senate Calendar

thursday, february 14, 2008

38th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED

S. 358     Relating to enhanced driver licenses................................................... 148

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

UNFINISHED BUSINESS OF WEDNESDAY, FEBRUARY 13, 2008

Second Reading

Favorable with Recommendation of Amendment

S. 200     Relating to establishing a construction trust fund................................. 148

                        Judiciary Committee Report..................................................... 148

NEW BUSINESS

Third Reading

S. 232     Relating to mobile polling stations...................................................... 149

S. 238     Relating to penalties for possession or sale of marijuana..................... 150

S. 340     Mammography patient cost containment............................................ 150

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 227     Relating to angel investors................................................................. 150

                        Finance Committee Report...................................................... 150

Favorable with Proposal of Amendment

H. 580    Terms of VT tobacco evaluation and review board members............. 151

                        Government Operations Committee Report.............................. 151

H. 750    Prescription drug pricing and information........................................... 151

                        Finance Committee Report...................................................... 151

Committee Bill for Notice

S. 357     Domestic violence............................................................................. 152

                        By the Committee on Judiciary................................................. 152

                        Finance Committee Report...................................................... 152

 

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 152


S. 102     School dist. excess spending............................................................. 152

S. 118     Fiscal review of high spending school districts.................................... 152

JRS 24   Congressional “fast track” review of trade agreements....................... 152


Concurrent Resolutions for Notice

(For text of Resolutions, see Addendum to February 13, 2008 Calendar)

SCR 32    In memory of Daniel G. Bonfigli of Essex........................................... 69

HCR 211  Honoring Donna Hogan of Rutland................................................... 70

HCR 212  In memory of Benjamin T. Carr........................................................ 71



 

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?

UNFINISHED BUSINESS OF WEDNESDAY, FEBRUARY 13, 2008

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)

NEW BUSINESS

Third Reading

S. 232

An act relating to mobile polling stations.

S. 238

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

S. 340

An act relating to mammography patient cost containment.

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 227

An act relating to angel and venture capital investors.

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. § 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)   (A)  a person making an unsecured commercial loan, which loan is expressly subordinate to the prior payment of all senior indebtedness of the commercial borrower regardless of whether such senior indebtedness exists at the time of the loan or arises thereafter.  The loan may or may not include the right to convert all or a portion of the amount due on the loan to an equity interest in the commercial borrower.

(B)  For purposes of this subdivision (13), "senior indebtedness" means:

(i)  all indebtedness of the commercial borrower for money borrowed from banks, trust companies, credit unions, insurance companies, and licensed lenders, and any guarantee thereof; and

(ii)  any other indebtedness of the commercial borrower that the lender and the commercial borrower agree shall constitute senior indebtedness.  

Sec. 2.  EFFECTIVE DATE

This act shall take effect on passage.

(Committee vote: 6-0-1)

Favorable with Proposal of Amendment

H. 580

An act relating to terms of members of the Vermont tobacco evaluation and review board.

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

The Committee recommends that the Senate propose to the House to amend the bill by striking out Sec. 2 in its entirety and by renumbering Sec. 3 to be Sec. 2.

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for January 18, 2008, page 38.)

H. 750

An act relating to prescription drug pricing and information.

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

The Committee recommends that the Senate propose to the House to amend the bill in Sec. 7 by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  Notwithstanding the effective dates of this section and of No. 80 of the Acts of 2007, the provisions of Sec. 17 of No. 80 of the Acts of 2007 (adding 18 V.S.A. chapter 91, subchapter 3; prescription drug data confidentiality) and Sec. 21 of No. 80 of the Acts of 2007 (adding 9 V.S.A. § 2466a; consumer protection; prescription drugs) shall not be effective until July 1, 2009; except that the department of health and the office of professional regulation may, immediately upon passage, begin any necessary rulemaking, revision of forms, or other administrative actions necessary to implement the program established in 18 V.S.A. chapter 91, subchapter 3 on July 1, 2009.

(Committee Vote:  7-0-0)

(No House amendments.)

Committee Bill for Notice

S. 357

An act relating to domestic violence.

By the Committee on Judiciary.

Reported favorably by Senator Cummings for the Committee on Finance.

(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.

Concurrent Resolutions

     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 the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

S.C.R. 32

     Senate concurrent resolution in memory of Daniel G. Bonfigli of Essex.

H.C.R. 211

House concurrent resolution honoring Donna Hogan of Rutland for her leadership roles at the Vermont Grocers’ Association and in her community.

H.C.R. 212

House concurrent resolution in memory of Benjamin T. Carr.

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).

106.  Workforce Development Leadership Committee Report.  (February 2008).  (Department of Labor).

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.



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