House Calendar
THURSDAY, APRIL 20, 2000
107th DAY OF ADJOURNED SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Third Readings
S. 234
An act relating to corrections regarding prohibition of discrimination in
unfair labor practices.
S. 311
An act relating to an interstate compact for the supervision of adult
offenders.
For Action Under Rule 52
J. R. H. 243
Joint resolution in memory of Violet Carr.
(For text see House Journal 4-19-00)
NOTICE CALENDAR
Favorable with Amendment
S. 317
An act relating to establishing a development cabinet.
Rep. Atkins of Winooski, for the Committee on Government Operations,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 3 V.S.A. § 2293 is added to read:
§ 2293. LAND-USE DEVELOPMENT CABINET
(a) Legislative purpose. The general assembly deems it prudent to
establish a permanent and formal mechanism to assure collaboration among
state agencies in order to support and encourage Vermont’s economic
development, in the context of conserving and promoting Vermont’s
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community base, working farms, woodlands and natural beauty. The general
assembly intends that Vermont’s government, including state agencies, be
committed to working collaboratively.
(b) Land-Use Development Cabinet. A land-use development cabinet is
created, to consist of the secretaries of the agencies of administration, natural
resources, commerce and community development, and transportation, and the
commissioner of the department of agriculture, food and markets. The
governor or the governor’s designee shall chair the cabinet. The land-use
development cabinet shall meet at least as often as necessary to advance the
goals and policies of this section; shall advise the governor on how best to
implement the goals and policies of this section; and shall recommend changes
as appropriate to improve implementation of those goals and policies. The
land-use development cabinet, in its discretion, may establish interagency work
groups to support its mission, drawing membership from any agency or
department of state government.
(c) All state agencies that have programs or take actions affecting land use
shall, through or in conjunction with the members of the land-use development
cabinet, adhere to the following goals and policies:
(1) Support conservation of working lands and open spaces.
(2) Strengthen agricultural and forest product economies and encourage
the diversification of these industries.
(3) Encourage development in, and work to revitalize, land and
buildings in existing village and urban centers, including “brownfields,”
housing stock, and vacant or underutilized development zones.
(4) Encourage relatively intensive residential development close to
resources such as schools, shops, and community centers.
(5)
Support recreational opportunities that build on Vermont’s
outstanding natural resources, and encourage public access for activities such
as boating, hiking, fishing, skiing, hunting, camping and snowmobiling.
(d) To implement the goals and policies described in subsection (c) of this
section, state agencies and departments which administer programs and take
actions which affect land use shall:
(1) Encourage discussion at the local level about the benefits of well
designed growth and support local efforts to enhance and encourage
development and economic growth in the cities, towns and villages of
Vermont.
(2) Administer tax credits, sprinkler rebates and other tax incentives,
loans, grants and other financial assistance programs for water, sewer, housing,
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schools, transportation, and other community or industrial infrastructure, in a
manner consistent with the goals and policies of this section.
(3) To the extent possible, endeavor to make the expenditure of state
appropriations consistent with the purposes of this section.
(4) Establish meaningful and quantifiable benchmarks for achieving the
goals of this section.
(5) Encourage communities to create settlement patterns based on
maintaining the state’s compact villages, open spaces, working landscapes, and
rural countryside.
(6) Make infrastructure investments to support the goals and policies of
this section.
(7) Provide means and opportunity for downtown housing, and
encourage diverse social and socioeconomic groups in each community.
(8) Collaborate to provide the public with consistent terminology and
definitions regarding land use and development.
(e) The development cabinet shall report annually to the governor, the
general assembly and the secretary of administration on the effectiveness and
impact of this section on the state’s economic growth and land-use
development.
Sec. 2. REENACTMENT
Section 7 (enacting 10 V.S.A. chapter 26 which establishes the Vermont
Film Corporation) and Sec. 9 of Act No.190 of the 1995 adjourned session are
reenacted.
Sec. 3. EFFECTIVE DATE; SUNSET
This act shall take effect upon passage, but shall apply retroactively so as to
negate the effect of the sunset on the Vermont Film Corporation. Sec. 2 of this
act shall expire on June 30, 2004.
The committee further recommends that the title of the bill be amended to
read:
“AN ACT RELATING TO ESTABLISHING A LAND-USE
DEVELOPMENT CABINET”
(Committee vote: 10-0-1)
(For text see Senate Journal 2/24/00 – p. 227 )
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Senate Proposals of Amendment
H. 12
An act relating to electroconvulsive therapy.
The Senate proposes to the House to amend the bill as follows:
First: In Sec. 1, in § 7408 of 18 V.S.A., in the first sentence, after the word
“shall” by striking out “have the authority to”
Second: In Sec. 1, § 7408 of 18 V.S.A., in the second sentence, after the
word “commissioner’s” by striking out the word “authority” and inserting in
lieu thereof the word “duties”
Third: In Sec. 2, in subsection (c), in the first sentence, after the word “on”
by inserting the word “existing”
(For text see House Journal 1/19/00, pp. 108-110; 1/20/00, pp. 118-119)
H. 610
An act relating to insurance agents and brokers.
The Senate proposes to the House to amend the bill by adding a new Sec. 4
to read:
Sec. 4. 8 V.S.A. § 80(b) is amended to read:
(b) At the end of each fiscal year, that portion of the balance in the
insurance regulatory and supervision fund which exceeds two hundred and
fifty thousand dollars ($250,000.00) shall be transferred to the general fund.
The secretary of administration may approve an additional portion of such
balance to be carried forward to accommodate the two-year revenue cycle for
fees established in sections 4798 and 4800 of this title.
(No House amendments)
H. 733
An act relating to livestock dealers.
The Senate proposes to the House to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. 6 V.S.A. § 768 is amended to read:
§ 768. DUTIES OF DEALERS
A livestock dealer licensed under section 762 of this title shall:
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(4) Maintain, subject to inspection by the commissioner of agriculture,
food and markets or his or her agent, a proper record in which all cattle
livestock purchased, repossessed, sold or loaned are to be listed, giving breed,
date purchased, repossessed, sold or loaned and complete names and addresses
from whom obtained and to whom delivered. Such record shall also show the
ear tag number of each animal, except untagged cattle for immediate slaughter.
Untagged cattle acquired by a dealer, except cattle for immediate slaughter,
shall be held on the dealer's premises and such cattle shall be tuberculin and
blood tested by an approved veterinarian at dealer's expense. Registered
purebred cattle which do not bear ear tags shall be recorded by giving tattoo
markings, description and such other information as is necessary to identify
such cattle. This section shall not apply to calves under three months of age
individual identification of each livestock by a method prescribed for each
species by rule by the commissioner, except that for equine such record and
method of individual identification shall be as prescribed under subchapter 2 of
chapter 102 of this title.
Sec. 2. EFFECTIVE DATE
This act shall take effect on passage.
(No House amendments)
H. 748
An act relating to gray marketed cigarettes.
The Senate proposes to the House to amend the bill by striking out Secs. 2
and 3 and inserting in lieu thereof a new Sec. 2 to read as follows:
Sec. 2. 32 V.S.A. § 7786 is added to read:
§ 7786. GRAY MARKETED CIGARETTES
(a) No person shall affix a cigarette stamp to or sell or offer for sale in this
state any package or container of cigarettes if:
(1) the container or package does not comply with all the requirements
of the federal Cigarette Labeling and Advertising Act (15 U.S.C. Sec. 1331 et
seq.) for the placement of labels, warnings, or any other information upon a
package of cigarettes that is to be sold within the United States;
(2) the container or package has been imported into the United States
after January 1, 2000, in violation of 26 U.S.C. § 5754;
(3) the container or package, including a container of individuallystamped containers or packages is labeled “For Export Only”, “U.S. Tax
Exempt”, “For Use Outside U.S.”, or similar wording indicating that the
manufacturer did not intend that the product be sold in the United States; or
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(4) the container or package has been altered by making or deleting the
wording described in subdivision (3) of this subsection.
(b) Any cigarettes described in subdivisions (a)(1), (2), (3) or (4) of this
section and found in this state are declared to be contraband goods and may be
seized without a warrant by the commissioner, the commissioner's agents or
employees, or by any peace officer of this state when directed by the
commissioner to do so, unless the owner of the cigarettes produces sufficient
evidence that the cigarettes are in transit through the state for sale outside the
United States. Nothing herein shall be construed to require the commissioner
to confiscate cigarettes when the commissioner shall have reason to believe
that the owner thereof has possession of the same for personal consumption.
Any cigarettes seized under this section shall be destroyed by the
commissioner. The seizure of any cigarettes under the provisions of this
section shall not relieve any person from a fine or other penalty for violation of
this chapter.
(c) A violation of any provision of this section shall also constitute an
unfair or deceptive act and practice in commerce prohibited under section 2453
ofTitle 9, and shall be subject to enforcement and to the rights and remedies
provided for under chapter 63 of Title 9.
(d) Any person may bring an action for appropriate injunctive or other
equitable relief for a violation of this section; actual damages, if any, sustained
by reason of the violation; and, as determined by the court, interest on the
damages from the date of the complaint, taxable costs and reasonable
attorney’s fees. If the trier of fact finds that the violation is flagrant, it may
increase recovery to any amount not in excess of three times the actual
damages sustained by reason of the violation.
(No House amendments)
Ordered to Lie
H. 749
An act relating to exempting municipally-owned trucks from weight limits.
Pending Question: Shall the bill be read a third time?
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