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Journal of the Senate

________________

Wednesday, March 21, 2007

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Jim Herod of Washington.

Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

S. 198.

By Senator Illuzzi,

An act relating to excellence in Vermont institutions of higher education.

To the Committee on Education.

S. 199.

By Senators Giard and Ayer,

An act relating to authorizing the town of Middlebury to issue bonds for the Cross Street bridge project.

To the Committee on Transportation.

S. 200.

By Senator Sears,

An act relating to a establishing a construction trust fund.

To the Committee on Judiciary.

Bill Referred to Committee on Appropriations

S. 190.

Senate bill of the following title, appearing on the Calendar for notice and carrying an appropriation or requiring the expenditure of funds, under the rule was referred to the Committee on Appropriations:

An act relating to establishing a brownfields advisory committee.


Bill Referred to Committee on Finance

S. 191.

Senate bill of the following title, appearing on the Calendar for notice, and affecting the revenue of the state, under the rule was referred to the Committee on Finance:

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

Message from the Governor

Appointment Referred

     A message was received from the Governor, by Kiersten Bourgeois, Secretary of Civil and Military Affairs, submitting the following appointment, which was referred to a committee as indicated:

     Joseph C. Benning of Lyndonville - Member of the Human Rights Commission, - from March 19, 2007, to February 28, 2009.

     To the Committee on Judiciary.

Rules Suspended; Committee Relieved of Further Consideration; Bill Committed

S. 183.

On motion of Senator Cummings, the rules were suspended, and S. 183 was taken up for immediate consideration, for the purpose of relieving the Committee on Finance from further consideration of the bill. Thereupon, on motion of Senator Cummings, the Committee on Finance was relieved of Senate bill entitled:

An act relating to the federal motor vehicle REAL ID Act,

and the bill was committed to the Committee on Transportation.

Rules Suspended; Bill Committed

S. 118.

Appearing on the Calendar for notice, on motion of Senator Cummings, the rules were suspended and Senate bill entitled:

An act relating to fiscal review of high spending districts and special education.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Education, Senator Cummings moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Finance with the report of the Committee on Education intact,

Which was agreed to.

Bill Amended; Bill Passed

S. 27.

Senate bill entitled:

An act relating to increasing the minimum tip wage.

Was taken up.

Thereupon, pending third reading of the bill, Senators Campbell, Miller and Condos moved to amend the bill in Sec. 1, 21 V.S.A. § 384(a), in the third sentence by striking out the following: “$3.65 $3.79” and inserting in lieu thereof the following: $3.65

Which was agreed to on a roll call, Yeas 24, Nays 4.

Senator McCormack having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Carris, Collins, Coppenrath, Cummings, Doyle, Flanagan, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: Giard, Hartwell, Mazza, McCormack.

Those Senators absent and not voting were: Condos, Maynard.

Thereupon, the bill was read the third time and passed on a roll call, Yeas 24, Nays 4.

Senator Campbell having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Carris, Collins, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, McCormack, Miller, Nitka, Racine, Sears, Shumlin, Snelling, Starr, White.

Those Senators who voted in the negative were: Coppenrath, Mazza, Mullin, Scott.

Those Senators absent and not voting were: Condos, Maynard.

House Proposals of Amendment to Senate Proposals of Amendment Concurred In

H. 302.

House proposals of amendment to Senate proposals of amendment to House bill entitled:

An act relating to fiscal year 2007 budget adjustments.

Were taken up.

The House proposes to the Senate to amend the Senate proposal of amendment as follows:

     First:  In the first proposal of amendment in subsection (a) by striking out the words “to maintain salaries and benefits”

     Second:  In the ninth proposal of amendment at the end of subsection (g) by adding the words on a one-time basis

     Third:  In the tenth proposal of amendment by striking out subsection (b) in its entirety

     Fourth:  By striking out the twelfth proposal of amendment in its entirety

     Fifth:  By striking out the thirteenth proposal of amendment in its entirety

     Sixth:  By striking out the fifteenth proposal of amendment in its entirety and inserting in lieu thereof the following:

          Fifteenth:  In Sec. 60, by striking out the figure “1,778,138,935” where it twice appears and inserting in lieu thereof the figure 1,777,897,870 and by striking out the figure “1,307,222,597” and inserting in lieu thereof the figure 1,306,981,532

     Seventh:  By striking out the nineteenth proposal of amendment in its entirety and inserting in lieu thereof the following:

          Sec. 109.  NEXT GENERATION FUND

(a)  Of the total sum transferred from the fiscal year 2007 general fund to the next generation initiative fund, the sum of $1,100,000 is appropriated as follows:

(1)  The sum of $400,000 is appropriated to the agency of commerce and community development for the issuance of Vermont training program grants pursuant to 10 V.S.A. § 531.

(2)  The sum of $700,000 is appropriated to the workforce education and training fund created in Sec. 157a(d) of No. 62 of the Acts of 1999 as amended by Sec. 14 of No. 212 of the Acts of 2006.

     The House further proposes to amend the bill as follows:

     First:  By striking out Sec. 3 in its entirety and inserting in lieu thereof a new Sec. 3 to read as follows:

Sec. 3.  Sec. 30 of No. 215 of the Acts of 2006 is amended to read:

Sec. 30.  Buildings and general services - fee for space

          Personal services                        10,529,817                   10,529,817

          Operating expenses                    10,548,400                   16,063,035

               Total                                     21,078,217                   26,592,852

     Source of funds

          Internal service funds                  21,078,217                   26,592,852

* * *

     (b)  The department shall increase the facilities operations charges to the agency of human services in fiscal year 2007 by $2,100,000 for the costs associated with the Bennington state office building.  The department shall credit $1,450,000 of this charge from state funds transferred else where.

     Second:  In Sec. 7 by striking out the figure “139,800,352” where it twice appears and inserting in lieu thereof the figure 141,640,641 and by striking out the figure “46,412,649” and inserting in lieu thereof the figure 48,252,938

     Third:  In Sec. 85(a)(2), by striking out the figure “$13,895,042” and inserting in lieu thereof the figure $14,029,517

     Fourth:  In Sec. 85(a)(3) after the words “fiscal year 2007” by inserting the following:  , and the secretary of administration shall transfer $300,000 to the general fund from available federal receipt funds in the agency of human services for the costs of the Bennington state office building at the close of fiscal year 2007

     Fifth:  In Sec. 85(a)(4), by striking out the figure “3,674,346” and inserting in lieu thereof the figure 4,864,635

     Sixth:  In Sec. 90(a)(2) by striking out the figure “$11,272,219” and inserting in lieu thereof the figure $10,516,405

Thereupon, the question, Shall the Senate concur in the House proposals of amendment to the Senate proposals of amendment?, was decided in the affirmative on a roll call, Yeas 26, Nays 1.

Senator Campbell having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Carris, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, White.

The Senator who voted in the negative was: Collins.

Those Senators absent or not voting were: Condos, Maynard, Starr.

Bills Passed

Senate bills of the following titles were severally read the third time and passed:

S. 37.

An act relating to mosquito control.

S. 123.

An act relating to increased sex offender registry requirements for noncompliant high-risk sex offenders.

Third Reading Ordered

S. 169.

Senator Campbell, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to civil violations for animal cruelty.

Reported that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Bills Amended; Third Readings Ordered

S. 39.

Senator White, for the Committee on Health and Welfare, to which was referred Senate bill entitled:

An act relating to health insurance plan reimbursement for covered services provided by naturopathic physicians.

     Reported recommending that the bill be amended by adding a new section to be numbered Sec. 2 to read as follows: 

Sec. 2.  8 V.S.A. chapter 107, subchapter 10 is added to read:

Subchapter 10.  Prostate Screenings

§ 4100f.  PROSTATE SCREENINGS; COVERAGE REQUIRED

(a)  Health insurers shall provide coverage for prostate cancer screenings.  Benefits provided shall be at least as favorable as coverage for other cancer screening procedures and subject to the same dollar limits, deductibles, and coinsurance factors within the provisions of the policy.

(b)  Coverage shall be provided for screenings at intervals consistent with the recommendations by the Centers for Disease Control or upon recommendation of a health care provider.

(c)  For purposes of this section, “health insurer” is defined by subdivision 9402(9) of Title 18.  The term does not apply to coverage for specified disease or other limited benefit coverage.

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

S. 45.

Senator Doyle, for the Committee on Government Operations, to which was referred Senate bill entitled:

An act relating to the right to attend town meeting.

Reported recommending that the bill be amended in Sec. 1, 21 V.S.A. § 472b(a), in the first sentence, by striking out the word “An” and inserting in lieu thereof the following: Subject to the efficient operation of a business, which shall prevail in any instance of conflict, an

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

S. 46.

Senator Flanagan, for the Committee on Government Operations, to which was referred Senate bill entitled:

An act relating to wrongful discharge for voting or attending town meeting.

Reported recommending that the bill be amended in Sec. 1, 21 V.S.A. § 496a(a), in the first sentence, by striking out the word “No” and inserting in lieu thereof the following: Subject to the efficient operation of a business, which shall prevail in any instance of conflict, no

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

Consideration Postponed

S. 70.

Senate bill entitled:

An act relating to empowering municipalities to regulate the application of pesticides within their borders.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until the next legislative day.

Senator Shumlin Assumes the Chair

Bills Amended; Third Readings Ordered

S. 82.

Senator Miller, for the Committee on Economic Development, Housing and General Affairs, to which was referred Senate bill entitled:

An act relating to the use of Vermont addresses and representations of Vermont origin.

     Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  ATTORNEY GENERAL; REPRESENTATIONS OF VERMONT ORIGIN; RULEMAKING

(a)  The attorney general shall amend the Representations of Vermont Origin rule CF 120.07 to include the following language:  “A company whose business it is to ship, distribute, or similarly process goods or provide services may use a Vermont address to describe the location of its own facilities in Vermont.  The company may also use, and permit the use of, its own name and Vermont address, as long as the company also discloses the name and out-of-state address of its client to identify where payments, returns, customer service inquiries, or similar transactions should be directed, and, when shipping goods, may use the name of the out-of-state client without that client’s address as long as the out-of-state address is provided within a reasonably short period of time, such as on an invoice.  A shipper or fulfillment house may not use, or permit the use of, a Vermont address to describe the location of its out-of-state client, in connection with the advertising, marketing, or selling of the client’s goods or services.”

(b)  Notwithstanding any provision of law to the contrary and without having to comply with any further rulemaking requirements, the attorney general shall amend the Representations of Vermont Origin rule CF 120.07 by filing a revised adopted rule with the secretary of state and the legislative committee on administrative rules.

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage.

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

S. 97.

Senator Sears, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to correctional facilities.

     Reported recommending 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. § 4501 is amended to read:

§ 4501.  DEFINITIONS:

As used in this chapter:

* * *

(10)  “Undue burden” means significant difficulty or expense.  In determining whether an action would result in an undue burden, the following factors shall be considered:

(A)  The nature and cost of the action needed.

(B)  The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures, or any other impact of the action on the operation of the site.

(C)  The geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity.

(D)  If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; and the number, type and location of its facilities.

(E)  If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure and functions of the workforce of the parent corporation or entity.

(F)  In claims brought under this chapter by individuals in the custody of the commissioner of the department of corrections, the legitimate institutional and security concerns of the correctional facility.

Sec. 2.  9 V.S.A. § 4506(e) is added to read:

§ 4506.  ENFORCEMENT; CIVIL ACTION

* * *

(e)  An inmate incarcerated in a department of corrections facility may file a charge of discrimination with the human rights commission for violation of this chapter only after exhausting all grievance procedures pursuant to rules adopted by the department under section 854 of Title 28.  This requirement shall not be necessary where the inmate demonstrates that:

(1)  the corrections facility does not maintain a relevant grievance procedure;

(2)  the department of corrections has not rendered a determination on the grievance procedure within 60 days;

(3)  the health or safety of the inmate would be jeopardized otherwise; or

(4)  requiring exhaustion would subject the inmate to substantial and imminent retaliation.

Sec. 3.  13 V.S.A. § 1027 is amended to read:

§ 1027.  DISTURBING PEACE BY USE OF MAIL, TELEPHONE, OR OTHER ELECTRONIC COMMUNICATIONS

(a)  A person who, with intent to terrify, intimidate, threaten, harass, or annoy, makes contact by means of a telephonic mail, telephone, or other electronic communication with another and (i) makes any request, suggestion, or proposal which is obscene, lewd, lascivious, or indecent; (ii) threatens to inflict injury or physical harm to the person or property of any person; or (iii) disturbs, or attempts to disturb, by repeated anonymous mailings, telephone calls, or other electronic communications, whether or not conversation ensues, the peace, quiet, or right of privacy of any person at the place where the communication or communications are received shall be fined not more than $250.00 or be imprisoned not more than three months or both.  If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States which would have been an offense under this act if committed in this state, the defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(b)  An intent to terrify, threaten, harass, or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious, or indecent language or the making of a threat or statement or repeated anonymous mailings, telephone calls or other electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.

(c)  An offense committed by use of a mail, telephone, or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the mailings, communication or communications, or calls were received.

Sec. 4.  4 V.S.A. § 1102 is amended to read:

§ 1102.  JUDICIAL BUREAU; JURISDICTION

* * *

(b)  The judicial bureau shall have jurisdiction of the following matters:

* * *

(11)  violations of 18 V.S.A. § 4234b(b), relating to selling ephedrine base, pseudoephedrine base, or phenylpropanolamine base;

(12)  violations of 18 V.S.A. § 4249(f), relating to the introduction of tobacco or tobacco products into a correctional facility.

Sec. 5.  18 V.S.A. § 4249(f) is added to read:

§ 4249.  TRANSPORTATION OF ALCOHOL OR REGULATED DRUGS INTO PLACES OF DETENTION

* * *

(f)  No person shall knowingly carry or introduce or cause to be carried or introduced tobacco or tobacco products into a correctional facility.  An individual who violates this subsection shall be subject to a civil penalty of not more than $1,000.00 for the first offense and $2,500.00 for any subsequent offense.  An action under this subsection shall be brought in the same manner as for a traffic violation pursuant to chapter 24 of Title 23.

Sec. 6.  28 V.S.A. § 802 is amended to read:

§ 802.  CORRESPONDENCE OF INMATES

(a)  Any authorized employee of any correctional facility shall have the right to inspect all correspondence by or to inmates of the facility.  The employee shall have the right to withhold and prevent the transmission of material intended to be sent through the mails by or to an inmate if the material is contraband as defined by the rules of the facility or constitutes a clear and present danger to the security of the facility.

(b)  Notwithstanding the provisions of subsection (a) of this section, any correspondence from an inmate to any public official of the state or of the United States, shall not be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated, photographed, or examined in any way.

(c)  An inmate shall not correspond through the mail with another inmate committed to the custody and supervision of the department of corrections, whether in the same facility or in a different facility, except as follows:

(1)  To communicate with immediate family members who are inmates also in the custody and supervision of the department of corrections, subject to the prior approval of the superintendent or the superintendent’s designee.

(2)  To communicate with other inmates where the inmate’s classification or treatment team deems the correspondence in the best interests of both parties.

(3)  To communicate with another inmate regarding legal matters, so long as the superintendent or his or her designee knows the second inmate customarily offers legal advice to other inmates.

(4)  To correspond with other inmates, so long as the correspondence has been approved by the superintendent or the superintendent’s designee at his or her sole discretion.

(d)  Negative contact list.

(1)  Except as provided in subsection (b) of this section, an inmate shall not correspond with any individual on the department of corrections’ negative contact list.

(2)  An individual may be added to the negative contact list by notifying the department of corrections in writing that he or she does not wish to receive any communications from a particular inmate or group of inmates.

(3)  A parent or authorized legal guardian of a minor may add the minor child to the negative contact list by notifying the department of corrections in writing that he or she does not wish the minor child to receive any communication from a particular inmate or group of inmates.  If the inmate is a parent of the minor, the inmate shall be presumed to have the right to have contact with the minor, unless the facility superintendent, in consultation with the director of victim services, finds the correspondence would not be in the best interests of the child.

Sec. 7.  JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE

(a)  During the 2007 interim, the joint legislative corrections oversight committee shall engage policymakers and social scientists to pursue and obtain current and accurate data of the prevalence of current and recent inmates with serious mental illness.  The production of this data is necessary for the general assembly to plan for the future acute care needs of all persons with serious mental illnesses, including persons committed to corrections’ custody. 

(b)  The committee shall:

(1)  Study the number of mental health hospital beds needed, including those required by:

(A)  Inmates with acute mental health treatment needs.

(B)  Criminal defendants committed for pre-trial forensic evaluation in an inpatient setting.

(C)  Criminal defendants found incompetent to stand trial or insane at the time of the offense.

(2)  Review policies from other states that address issues of mental health in inmate populations.  The committee may consult with the National Council of State Legislatures or the Council of State Governments to meet the requirements of this subdivision.

(3)  Consider whether a separate inpatient psychiatric facility, administered by the agency of human services, for inmates with severe mental illness would address the mental health needs of the inmate population.

(4)  Consider whether “serious mental illness,” as defined in subdivision 906(1) of Title 28, should be amended to include all forms of developmental disabilities, including mental retardation, traumatic brain injury, autism, various forms of dementia, and other mental impairments that significantly and negatively impact daily functioning.

(c)  The committee shall report its findings and recommendations for legislation to the general assembly on or before January 15, 2008.

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the bill be amended as recommended by the Committee on Judiciary?, Senator Sears, on behalf of the Committee on Judiciary, moved that the recommendation of amendment of the Committee on Judiciary be amended by striking out Sec. 2 in its entirety and inserting in lieu thereof the following:

Sec. 2.  9 V.S.A. § 4506(e) is added to read:

§ 4506.  ENFORCEMENT; CIVIL ACTION

* * *

(e)(1)  except as provided in subdivision (2) of this subsection, an inmate incarcerated in a department of corrections facility shall not bring an action for violation of this chapter unless the inmate has exhausted all grievance procedures pursuant to rules adopted by the department under section 854 of Title 28.

(2)  Subdivision (1) of this subsection shall not apply if the inmate demonstrates that:

(A)  the corrections facility does not maintain a relevant grievance procedure;

(B)  more than 60 days have passed from the date that the grievance was originally filed, and the department of corrections has not rendered a final determination;

(C)  the health or safety of the inmate would be jeopardized otherwise; or

(D)  requiring exhaustion would subject the inmate to substantial and imminent retaliation.

Which was agreed to.

Thereupon, the question, Shall the recommendation of amendment of the Committee on Judiciary, as amended, be agreed to?, was agreed to.

Thereupon, third reading of the bill was ordered.


S. 120.

Senator Miller, for the Committee on Economic Development, Housing and General Affairs, to which was referred Senate bill entitled:

An act relating to wine tastings at farmers’ markets.

     Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  7 V.S.A. § 2(15) is amended to read:

(15)  “Manufacturer’s or rectifier’s license”:  a license granted by the liquor control board that permits the holder to manufacture or rectify, as the case may be, malt beverages and vinous beverages for export and for sale to bottlers or wholesale dealers, or spirituous liquors for export and for sale to the liquor control board, upon application of a manufacturer or rectifier and the payment to the liquor control board of the license fee as required by subdivision 231(1) of this title for either license.  The liquor control board may grant to a licensed manufacturer or rectifier a first class restaurant or cabaret license or first and third class restaurant or cabaret license permitting the licensee to sell alcoholic beverages to the public only at the manufacturer’s premises.  A manufacturer of malt beverages who also holds a first class restaurant or cabaret license may serve to a customer malt beverages by the glass, not to exceed eight glasses at one time and not to exceed four ounces in each glass.  The liquor control board may grant to a licensed manufacturer or a rectifier of malt beverages a second class license permitting the licensee to sell alcoholic beverages to the public only at the manufacturer’s or rectifier’s premises.  Upon application and payment of the license fee as required by subdivision 231(11) of this title, the liquor control board may grant to a licensed manufacturer or rectifier of vinous beverages up to 10 fourth class or farmers’ market licenses permitting the licensee to sell these beverages by the bottle to the public at the licensed premises or at a farmers’ market provided that the beverages were produced by the manufacturer or rectifier.  No more than a combined total of ten fourth class and farmers’ market licenses may be granted to any licensed manufacturer or rectifier.  An application for a farmers’ market license shall include copies of the farmers’ market regulations, the agreement between the farmers’market and the applicant, and the location and dates of operation of the farmers’ market.  A farmers’ market license shall be valid for all dates of operation for a specific farmers’ market location.  However, in no case may a person with an interest in more than one manufacturer’s or rectifier’s license have an interest in more than four fourth class licenses.  The manufacturer or rectifier shall pay directly to the commissioner of taxes the sum of 26 1/2 cents per gallon for every gallon of malt beverage and the sum of 55 cents per gallon for each gallon of vinous beverage manufactured by the manufacturer or rectifier and provided for sale pursuant to the first class license or the second class license or the fourth class license or combination thereof held by the manufacturer or rectifier.  Holders of a manufacturer’s or rectifier’s second class license for malt beverages may distribute, with or without charge, malt beverages by the glass, not to exceed two ounces per product and eight ounces in total, to all persons of legal drinking age.  The malt beverages must be consumed upon the premises of the holder of the license.  At the request of a person holding a first class or second class license, a holder of a manufacturer’s or rectifier’s license for malt beverages may distribute without charge to the management and staff of the license holder, provided they are of legal drinking age, no more than four ounces per person of a malt beverage for the purpose of promoting the beverage.  Written notice shall be provided to the department of liquor control at least 10 days prior to the date of the tasting.

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

(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.

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

S. 137.

Senator MacDonald, for the Committee on Natural Resources and Energy, to which was referred Senate bill entitled:

An act relating to reducing the amount of phosphorus allowed in household cleansing products used in dishwashers.

     Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. § 1382 is amended to read:

§ 1382.  PROHIBITIONS

(a)  No household cleansing products except those used in dishwashers, for cleansing medical and surgical equipment, food and beverage processing equipment, and dairy equipment may be distributed, sold, offered, or exposed for sale at retail, after April 1, 1978, or at wholesale, after January 1, 1978, or used in a commercial establishment in this state, after April 1, 1978, which shall contain a phosphorus compound in concentrations in excess of a trace quantity.

(b)  No household cleansing products used in dishwashers, for cleansing medical and surgical equipment and food and beverage processing equipment, may be distributed, sold, offered, or exposed for sale at retail, after April 1, 1978, or at wholesale, after January 1, 1978, or used in a commercial establishment in this state, after April 1, 1978, which shall contain a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus.  No household cleansing products used in dishwashers may be distributed, sold, offered, or exposed for sale at retail or wholesale after July 1, 2010, which shall contain a phosphorus compound in concentrations in excess of a trace quantity.

* * *

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.


Adjournment

On motion of Senator Mazza, the Senate adjourned until ten o’clock and twenty-eight minutes in the morning.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us