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Journal of the House

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WEDNESDAY, APRIL 11, 2007

At one o'clock in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Gaye Symington of Jericho.

Committee Relieved of Consideration

and Bill Committed to Other Committee

S. 82

Rep. Zuckerman of Burlington moved that the committee on Agriculture be relieved of Senate bill, entitled

An act relating to use of Vermont addresses and representations of Vermont origin;

And that the bill be committed to the committee on Commerce, which was agreed to.

Senate Bill Referred

S. 94

Senate bill, entitled

An act relating to establishing an expanded efficiency utility and other matters relating to energy conservation and decreasing the generation of greenhouse gases;

Was taken up, read the first time and referred to the committee on Natural Resources and Energy.

Bill Amended, Read Third Time and Passed

H. 94

House bill, entitled

An act relating to retail sales and taxing specialty beers;

Was taken up and pending third reading of the bill, Rep. Donahue of Northfield moved to amend the bill as follows:

By adding a new Sec. 3 to read as follows:

Sec. 3  BEER LABELING

     Malt beverages with alcohol content above eight percent shall be labeled in accordance with the Code of Federal Regulations.

Which was agreed to.  Thereupon, the bill was read the third time and passed.

Favorable Report; Proposal of Amendment Agreed to and Third Reading Ordered

S. 120

Rep. McCormack of Rutland City , for the committee on General, Housing and Military Affairs, to which had been referred Senate bill, entitled

An act relating to wine tastings and farmers’ markets;

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and pending the question, Shall the bill be read the third time? Rep. McCormack of Rutland City moved to propose to the Senate to amend the bill as follows:

     First:  By striking  Sec. 2. and inserting in lieu thereof the following:

Sec. 2.  7 V.S.A. § 67 is amended to read:

§ 67. WINE TASTINGS; PERMIT; PENALTIES

(a)  Provided an applicant submits to the department of liquor control a written application in a form required by the department accompanied by the permit fee as required by subdivision 231(15) of this title at least 15 days prior to the date of the wine tasting event and the applicant is determined to be in good standing, the department of liquor control may grant a permit to conduct a wine tasting event to:

* * *

(2)  A licensed manufacturer or rectifier of vinous beverages.  The permit authorizes the permit holder to dispense vinous beverages produced by the manufacturer or rectifier to retail customers of legal age for consumption on the premises of a second class licensee or at a farmers’ market.  Pursuant to this permit, a manufacturer or rectifier may conduct no more than one tasting a day on the premises of a second class licensee.  No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees and no more than 60 wine tasting permits per year for a tasting event held on the premises of a farmers’ market shall be issued to any manufacturer or rectifier.

(3)  A licensed manufacturer or rectifier of vinous beverages with a fourth class or farmers’ market license.  The permit authorizes licenses authorize the licensee to dispense, with or without charge, vinous beverages by the glass, not to exceed two ounces per product and a total of eight ounces to a retail customer of legal age for consumption on the licensee’s premises or at a farmers’ market.

(b) A wine tasting event held pursuant to this section, not to include wine tasting events conducted on the premises of a manufacturer or rectifier or on the premises of a fourth class licensee pursuant to subdivision (a)(3) of this section or a promotional tasting promotional tastings pursuant to subdivision (d)(1) of this section:

* * *

(d) Promotional wine tasting.

(1) At the request of a holder of a first class or second class license, a holder of a manufacturer's, rectifier's, or wholesale dealer's license may distribute without charge to the first or second class licensee's management and staff, provided they are of legal drinking age, two ounces per person of vinous beverages for the purpose of promoting the beverage. No permit is required under this subdivision, but written notice of the event shall be provided to the department of liquor control at least 10 five days prior to the date of the tasting.

* * *

(3)  At the request of a holder of a wholesale dealer’s license, a first class licensee may dispense malt or vinous beverages for promotional purposes without charge to invited management and staff of first, second, or third class licensees, provided they are of legal drinking age. The event shall be held on the premises of the first class licensee. The first class licensee shall be responsible for complying with all applicable laws under this title. No permit is required under this subdivision, but the wholesale dealer shall provide written notice of the event to the department  of liquor control at least 10 days prior to the date of the tasting.

     Second:  By adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.   

Which was agreed to and third reading ordered.

 

Senate Proposal of Amendment Concurred in

With a Further Amendment Thereto

H. 360

     The Senate proposed to the House to amend House bill, entitled

     An act relating to employment protection and training period for Vermont National Guard members;

     By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  21 V.S.A. § 491(a) is amended to read:

(a)  Any duly qualified member of the “reserve components of the armed forces,” of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay.  If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position shall upon request be entitled to leaves of absence for a total of 15 days in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority.  A leave of absence shall be with or without pay as determined by the employer.  Upon completion of the military drill, training, or other temporary duty under military authority, the a full-time employee shall be reinstated in that position with the same status, pay, and seniority, including seniority that accrued during the period of absence.

     Rep. Howrigan of Fairfield moved to concur in the Senate proposal of amendment and that the Senate proposal of amendment be further amended as follows:

     By striking Sec. l, and by inserting a new Sec. 1 to read:

Sec. 1.  21 V.S.A. § 491(a) is amended to read:

(a)  Any duly qualified member of the “reserve components of the armed forces,” of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay.  If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position shall upon request be entitled to 15 days of leave of absence in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority.  A leave of absence shall be with or without pay as determined by the employer.  Upon completion of the military drill, training, or other temporary duty under military authority, the employee shall be reinstated in that position with the same status, pay, and seniority, including seniority that accrued during the period of absence.

     Which was agreed to.

Joint Resolution Adopted

J.R.H. 22

Joint resolution, entitled

Joint resolution designating Sunday, April 15, 2007 as generosity Sunday in Vermont;

Was taken up and adopted on the part of the House.

Message from the Senate No. 48

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bill of the following title:

S. 191.  An act relating to financing, reappraisal, and infrastructure in tax increment financing districts.

In the passage of which the concurrence of the House is requested.

The Senate has considered a bill originating in the House of the following title:

H. 32.  An act relating to establishing the town line between Bakersfield and Fairfield.

And has passed the same in concurrence.

The Senate has considered a bill originating in the House of the following title:

H. 157.  An act relating to home-fermented beverage competitions.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered House proposal of amendment to Senate bill of the following title:

S. 57.  An act relating to eliminating certain sunset provisions and extending the juvenile proceedings study committee.

And has concurred therein.

Adjournment

At one o’clock and fifty-five minutes in the afternoon, on motion of Rep. Adams of Hartland, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us