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Senate Calendar

friday, february 15, 2008

39th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED

S. 358     Relating to enhanced driver licenses................................................... 154

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

S. 200     Relating to establishing a construction trust fund................................. 154

                        Pending Question:  Shall the bill be amended as recommended .......                               By the Committee on Judiciary?

UNFINISHED BUSINESS OF THURSDAY, FEBRUARY 14, 2008

Third Reading

S. 340     Mammography patient cost containment............................................ 154

NEW BUSINESS

Second Reading

Favorable with Recommendation of Amendment

S. 227     Relating to angel investors................................................................. 154

                        Finance Committee Report...................................................... 154

Favorable with Proposal of Amendment

H. 580    Terms of VT tobacco evaluation and review board members............. 155

                        Government Operations Committee Report.............................. 155

H. 750    Prescription drug pricing and information........................................... 156

                        Finance Committee Report...................................................... 156

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 290     Relating to agricultural water quality financing..................................... 156

                        Agriculture Committee Report.................................................. 156

S. 291     Agronomic practices program at Agency of Agriculture..................... 157

                        Agriculture Committee Report.................................................. 157


ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 157


S. 102     School dist. excess spending............................................................. 157

S. 118     Fiscal review of high spending school districts.................................... 158

JRS 24   Congressional “fast track” review of trade agreements....................... 158


Concurrent Resolutions for Adoption

(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?

S. 200

An act relating to establishing a construction trust fund.

Pending Question:  Shall the bill be amended as recommended by the Committee on Judiciary?

(For text of amendment, see Senate Journal of February 14, 2008, page 155)

UNFINISHED BUSINESS OF THURSDAY, FEBRUARY 14, 2008

Third Reading

S. 340

An act relating to mammography patient cost containment.

NEW BUSINESS

Second Reading

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.)

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 290

An act relating to agricultural water quality financing.

Reported favorably with recommendation of amendment by Senator Giard for the Committee on Agriculture.

The Committee recommends that the bill be amended in Sec. 1, 6 V.S.A. § 4828, by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by rule by the secretary:

(1)  First priority shall be given to capital equipment or contract services to be used at a farm site, which is located in descending order:

(A)  within the boundaries of the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin; and

(C)  the Connecticut River Basin.

(2)  Next priority shall be given to proposed improvements on all other individual farms.

(Committee vote: 5-0-0)

S. 291

An act relating to the farm agronomic practices program at the agency of agriculture, food and markets.

Reported favorably with recommendation of amendment by Senator Starr for the Committee on Agriculture.

The Committee recommends that the bill be amended by adding a new Sec. 3 to read as follows:

Sec. 3.  6 V.S.A. § 4824(a) is amended to read:

(a)  State grant.  State financial assistance awarded under this subchapter shall be in the form of a grant.  When a state grant is intended to match federal financial assistance for the same on-farm improvement project, the state grant shall be awarded only when the federal financial assistance has also been approved for awarded.  An applicant for a state grant shall pay at least 15 percent of the total eligible project cost.  The dollar amount of a state grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a state grant shall not exceed 50 80 percent of the total eligible project cost.

(Committee vote: 5-0-0)

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.

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, February 14, 2008.

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.

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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