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Senate Calendar

friday, march 28, 2008

81st DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL FRIDAY, MARCH 28, 2008

Committee Bill for Second Reading

S. 369     Recognition of tribes & bands of native Americans by the Vermont .........                   commission on native American affairs      1033

                        By the Committee on Ec. Dev., Housing & Gen. Affairs......... 1033

UNFINISHED BUSINESS OF WEDNESDAY, MARCH 19, 2008

Second Reading

Favorable

S. 201     Relating to state employee whistleblower protection......................... 1033

                        Government Operations Committee Report............................ 1033

UNFINISHED BUSINESS OF THURSDAY, MARCH 27, 2008

S. 348     Education/workforce training for children between ages 16 &18...... 1033

               Pending Question:  Shall the recommendation of amendment of the.......                  Committee on Education be amended as recommended by the .........................................................................                   Committee on Appropriations?

                        Sen. Racine amendment......................................................... 1033

                        Sen. Racine amendment......................................................... 1035

                        Sen. Racine amendment......................................................... 1036

NEW BUSINESS

Second Reading

JRH 44  Vt. Information technology leaders’ health information plan.............. 1037

                        Health and Welfare Committee Report................................... 1037

NOTICE CALENDAR

Favorable

H. 563    Uniform commercial code............................................................... 1038

                        Finance Committee Report.................................................... 1038

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.............................. 1038


S. 102     School dist. excess spending........................................................... 1038

S. 118     Fiscal review of high spending school districts.................................. 1039

S. 211     Soliciting or architect proposals by a school district.......................... 1039

JRS 24   Congressional “fast track” review of trade agreements..................... 1039

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to March 26, 2008 Calendar)

HCR 248   Woodstock Union H.S. boys’ championship alpine ski team.......... 127

HCR.249   Lake Region Union H.S. boys’ basketball championship team........ 128

HCR 250   Proctor H.S. third consecutive boys’ basketball championship....... 129

HCR 251   Twinfield division IV championship girls’ basketball team............... 130

HCR 252   Kelley Tully regional chamber of commerce person of the year....... 131

HCR 253   Mount St. Joseph Academy champion ice hockey team................. 133

HCR 254   Greg McClallen for 36 years dedication to Rutland H.S................. 134



 

ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL FRIDAY, MARCH 28, 2008

Committee Bill for Second Reading

S. 369

An act relating to recognition of tribes and bands of native Americans by the Vermont commission on native American affairs.

By the Committee on Economic Development, Housing and General Affairs.

UNFINISHED BUSINESS OF WEDNESDAY, MARCH 19, 2008

Second Reading

Favorable

S. 201

An act relating to state employee whistleblower protection.

Reported favorably by Senator White for the Committee on Government Operations.

(Committee vote: 4-1-0)

UNFINISHED BUSINESS OF THURSDAY, MARCH 27, 2008

S. 348

An act relating to education or workforce training for children between the ages of 16 and 18 years of age.

PENDING QUESTION:  Shall the recommendation of amendment of the Committee on Education be amended as recommended by the Committee on Appropriations?

(For text of report of Com. on Ed., see Senate Journal of 3/26/08, pg. 462)

(For text of report of Com. on Approp., see Senate Journal of 3/26/08, pg. 465)

AMENDMENT TO S. 348 TO BE OFFERED BY SENATOR RACINE

Senator Racine moves to amend the bill by adding two new sections to be Secs. 3a and 3b to read as follows:

Sec. 3a.  16 V.S.A. § 563 is amended to read:

§ 563.  POWERS OF SCHOOL BOARDS; FORM OF VOTE IF BUDGET EXCEEDS BENCHMARK AND DISTRICT SPENDING IS ABOVE AVERAGE

The school board of a school district, in addition to other duties and authority specifically assigned by law:

* * *

(11)(A)  Shall prepare and distribute annually a proposed budget for the next school year according to such major categories as may from time to time be prescribed by the commissioner. 

(B)  If the proposed budget contains education spending in excess of the Maximum Inflation Amount, and the district’s education spending per equalized pupil in the fiscal year preceding the year for which the budget is proposed was in excess of the statewide average district education spending per equalized pupil in that same fiscal year, as determined by the commissioner of education, then in lieu of any other statutory or charter form of budget adoption or budget vote, the board shall present the budget to the voters by means of a divided question, in the form of vote provided in subdivision (ii) of this subsection.

(i)  “Maximum Inflation Amount” in this section means:

(I)  the statewide average district education spending per equalized pupil, as defined in subdivision 4001(6) of this title, in the fiscal year preceding the year for which the budget is proposed, as determined by the commissioner of education, multiplied by the New England Economic Project Cumulative Price Index percentage change, as of November 15 preceding distribution of the proposed budget, for state and local government purchases of goods and services for the fiscal year for which the budget is proposed, plus one percentage point; plus the district’s education spending per equalized pupil in the fiscal year preceding the year for which the budget is proposed, as determined by the commissioner of education;

(II)  multiplied by the higher of the following amounts as determined by the commissioner of education:

(aa)  the district’s equalized pupil count in the fiscal year preceding the year for which the budget is proposed; or

(bb)  the district’s equalized pupil count in the fiscal year for which the budget is proposed.

(ii)  Form of vote.

“School Budget Question #1:

Shall the voters of the         School District approve a total budget in the amount of [$                 ], which includes the Maximum Inflation      Amount of education spending?

“School Budget Question #2:

If Question #1 is approved, shall the voters of the School District also approve additional education spending of [$      ]?”

(C)(B)  At a school district’s annual meeting, the electorate may vote to provide notice of availability of the school budget required by this subdivision to the electorate in lieu of distributing the budget.  If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district’s annual meeting. The proposed budget shall be prepared and distributed at least ten days before a sum of money is voted on by the electorate.  Any proposed budget shall show the following information in a format prescribed by the commissioner of education:

* * *

Sec. 3b.  REPEAL

Sec. 6 (effective date for requiring a divided question when voting for school budgets that exceed the Maximum Inflation Amount) of No. 82 of the Acts of 2007 is repealed.

AMENDMENT TO S. 348 TO BE OFFERED BY SENATOR RACINE

Senator Racine moves to amend the bill by adding two new sections to be Secs. 3a and 3b to read:

Sec. 3a.  16 V.S.A. § 563(11)(B) is amended to read:

(B)  If the proposed budget, less the amount attributable to implementing sections 1121a and 1122 of this title in the fiscal year occurring two years prior as determined by the superintendent of the supervisory union in which the district is a member, contains education spending in excess of the Maximum Inflation Amount, and the district’s education spending per equalized pupil in the fiscal year preceding the year for which the budget is proposed was in excess of the statewide average district education spending per equalized pupil in that same fiscal year, as determined by the commissioner of education, then in lieu of any other statutory or charter form of budget adoption or budget vote, the board shall present the budget to the voters by means of a divided question, in the form of vote provided in subdivision (ii) of this subdivision (11)(B).

* * *

Sec. 3b.  32 V.S.A. § 5401(12) is amended to read:

(12)  “Excess spending” means:

(A)  the per-equalized pupil amount of:

(i)  the district’s education spending, plus any amount required to be added from a capital construction reserve fund under 24 V.S.A. § 2804(b); minus

* * *

(iv)  a budget deficit in a district that pays tuition to a public for all of its students in one or more grades in any year in which the portion of the deficit is solely attributable to tuition paid in the fiscal year occurring two years prior for one or more new students who moved into the district after the budget for the year creating the deficit was passed; and minus

(v)  the portion of education spending attributable to implementing 16 V.S.A. §§ 1121a and 1122 in the fiscal year occurring two years prior as determined by the superintendent of the supervisory union in which the district is a member;

* * *

AMENDMENT TO S. 348 TO BE OFFERED BY SENATOR RACINE

Senator Racine moves to amend the bill by adding a new section to be Sec. 3a to read:

Sec. 3a.  IMPACT ON SCHOOL DISTRICT BUDGETS AND PROPERTY TAXES

The general assembly believes that the purposes of this act—to encourage the early identification of and support for students who may not complete secondary school and to increase student awareness of and participation in alternative paths to graduation and other alternatives to traditional education—are worthy of its support despite the possibility that this act may result in some school budgets exceeding the excess spending threshold of 32 V.S.A. § 5401(12) or being subject to the two-vote requirement of 16 V.S.A. § 563(11) or both and may increase the property tax burdens of Vermont citizens. 

NEW BUSINESS

Second Reading

Favorable with Proposal of Amendment


J.R.H. 44

Joint resolution approving the Vermont information technology leaders’ (VITGL) health information technology plan as required by 22  V.S.A. §903(g).

Reported favorably with recommendation of proposal of amendment by Senator Mullin for the Committee on Health and Welfare.

The Committee recommends that the Senate propose to the House to amend the resolution by striking out the resolution in its entirety and inserting in lieu thereof the following:

Whereas, the Vermont Information Technology Leaders, Inc. (VITL) is a nonprofit, public-private partnership incorporated in Vermont, and

Whereas, VITL is an integral part of the development of health information technology in this state, and

Whereas, VITL has developed the Vermont health information technology plan pursuant to 22 V.S.A. § 903(b) and (c), and

Whereas, the Vermont health information technology plan outlines a vision for health information technology in Vermont that identifies key stakeholders, strategies, and objectives; provides standards for health information exchange that include the promotion of privacy and security; presents an overview of the technology architecture; and details the funding and governance of health information technology in this state, and

Whereas, the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and contained in 45 C.F.R., Parts 160 and 164, provide protections for the privacy of individually identifiable health information maintained or transmitted in connection with certain administrative and financial transactions, and

Whereas, the provisions of Vermont’s patients’ privilege statute in 12 V.S.A. § 1612, the mental health protections found in 18 V.S.A. § 7103, and the guidelines for privacy and security standards and protocols in 22 V.S.A. § 903(f) provide Vermonters with additional rights and protections regarding disclosure of their personal health information, and

Whereas, 22 V.S.A. § 903(g) allows the Vermont health information technology plan, upon recommendation of the commissioner of information and innovation and approval by the general assembly, to serve as the framework within which the commissioner reviews certificate of need applications for information technology, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly approves the Vermont health information technology plan, as submitted by VITL, to be implemented using HIPAA, 12 V.S.A. § 1612, 18 V.S.A. § 7103, and 22 V.S.A. § 903(f) as the minimum standards for the privacy and security of health information, and be it further

Resolved:  That VITL be directed to continue to update the health information technology plan to include state and national privacy and security policies and procedures as they become available to reflect industry best practices, and be it further

Resolved:  That VITL be directed to update by January 1, 2009 the interoperability standards in the health information technology plan to reflect nationally accepted industry best practices relating to the exchange of data, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Information Technology Leaders, Inc.

(Committee Vote: 6-0-0)

NOTICE CALENDAR

Favorable

H. 563

An act relating to uniform commercial code.

Reported favorably by Senator Cummings for the Committee on Finance.

(Committee vote: 7-0-0)

(For House amendments, see House Journal of January 23, 2008, page 67)

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 QUESTION:  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.

S. 211

An act relating to soliciting or architect proposals by a school district.

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, Error! Bookmark not defined., 2006.

H.C.R. 248

House concurrent resolution congratulating the 2008 Woodstock Union High School Wasps boys’ championship alpine ski team

H.C.R. 249

House concurrent resolution congratulating the 2008 Lake Region Union High School Rangers Division III boys’ basketball championship team

H.C.R. 250

House concurrent resolution congratulating the 2008 Proctor High School Phantoms on winning their school’s third consecutive Division IV boys’ basketball championship

H.C.R. 251

House concurrent resolution congratulating the 2008 Twinfield Trojans Division IV championship girls’ basketball team

 

H.C.R. 252

House concurrent resolution congratulating Kelley Tully, the 2008 Great Falls Regional Chamber of Commerce Person of the Year

H.C.R. 253

House concurrent resolution congratulating the 2008 Mount St. Joseph Academy Mounties Division II championship ice hockey team

H.C.R. 254

House concurrent resolution honoring Greg McClallen for his 36 years of extraordinary coaching and dedication to Rutland High School’s athletic programs

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)

David R. Kimel of St. Albans - Member of the Vermont Municipal Bond Bank - By Senator McCormack for the Committee on Finance.  (2/21)

James E. Potvin of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/20)

John W. Valente of Rutland - Director of the Vermont Municipal Bond Bank - By Senator Carris for the Committee on Finance.  (2/27)

Sandra Predom of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Carris for the Committee on Finance.  (2/27)

Edward T. Ogarzalek of Rutland - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/27)

John C. Stewart of Jericho Center - Member of the Community High School of Vermont Board - By Senator Giard for the Committee on Education.  (2/29)

Susan Roush Bruce of St. Albans - Member of the Board of Libraries - By Senator Collins for the Committee on Education.  (2/29)

Gordon Winters of Swanton - Member of the Vermont State Colleges Board of Trustees - By Senator Collins for the Committee on Education.  (3/13)

Tess Savage of Bristol - Member of the State Board of Education - By Senator Giard for the Committee on Education.  (3/13)

Jeffrey L. Davis of Williston - Member of the University of Vermont Board of Trustees - By Sen. Starr for the Committee on Education.  (3/19)

Francis Heald of Rutland - Member of the Travel Information Council - By Sen. Mazza for the Committee on Transportation.  (3/25)

Susan Davis of Shelburne - Member of the Travel Information Council - By Sen. Collins for the Committee on Transportation.  (3/25)

Elizabeth G. Kennett of Rochester - Member of the Travel Information Council - By Sen. Scott for the Committee on Transportation.  (3/25)

Joseph Sutton of East Middlebury - Member of the Travel Information Council - By Sen. Kitchel for the Committee on Transportation.  (3/25)

Nancy Wood of Charlotte - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (3/26)

James Stewart of Pittsford - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (3/26)

Lenae Quillen-Blume of Quechee - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (3/26)

John Merrill of Stowe - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (3/26)

Edward Kiniry of Shelburne - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (3/26)

Carolyn Cooke of Colchester - Member of the Sustainable Jobs Fund Board of Directors - By Sen. Illuzzi the Committee on Economic Development, Housing and General Affairs.  (3/26)



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