Senate Calendar
THURSDAY, MARCH 2, 2000
59th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
UNFINISHED BUSINESS OF TUESDAY, FEBRUARY 29, 2000
Third Reading
S. 296
An act relating to explosives and fireworks.
AMENDMENT TO S. 296 TO BE OFFERED BY SENATORS BAHRE
AND CANNS BEFORE THIRD READING
Senators Bahre and Canns move to amend the bill as follows:
First: In Sec. 1, in §3135 of 20 V.S.A., by striking out the following:
“§3135. CRIMINAL PENALTIES” and inserting in lieu thereof the
following: §3135. CRIMINAL AND CIVIL PENALTIES
Second: In Sec. 1, in §3135 of 20 V.S.A., subsection (a), subdivision (1) by
striking out the following: “1-999” and inserting in lieu thereof “51-999”
Third: In Sec. 1, in §3135 of 20 V.S.A., by adding a new subsection (d) to
read as follows:
(d) A person who violates this subchapter relating to the sale, possession or
use of up to 50 single units of fireworks shall be subject to a civil penalty of up
to $100 for each violation. The complaint shall be issued and filed with the
judicial bureau pursuant to chapter 20 of title 4.
Fourth: By adding a new section to be numbered Sec. 2. to read as follows:
Sec. 2. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
(a) A judicial bureau is created within the judicial branch under the
supervision of the supreme court.
(b) The bureau shall have jurisdiction of the following matters:
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(8) Violations of 20 V.S.A. § 3135(a)(1), relating to the sale, possession
or use of 1-50 single units of fireworks.
Second Reading
Favorable
H. 768
An act relating to recording and reporting local indebtedness.
Reported favorably by Senator Maynard for the Committee on Government
Operations.
(Committee vote: 5-0-1)
H. 786
An act relating to election of road commissioners.
Reported favorably by Senator Ankeney for the Committee on Government
Operations.
(Committee vote: 5-0-1)
Favorable with Proposal of Amendment
H. 204
An act relating to standards for privatization of state jobs.
Reported favorably with recommendation of proposal of amendment by
Senator Brownell for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend
the bill as follows:
First: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (1), by
striking out the following:
“, including any requirements that work be performed during a specified
hour”
Second: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (2), after
the word “employees”, by adding the following: “within the agency”
Third: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4),
subparagraph (E), after the word “years”, by adding the following: “or
provided on an intermittent basis for the duration of the contract”
Fourth: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4), by
striking out subparagraph (H) in its entirety and inserting in lieu thereof a new
subparagraph (H) to read as follows:
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(H) Efforts to recruit state employees to perform work, authorized by
law, have failed in that no applicant meeting the minimum qualifications has
applied for the job.
(Committee Vote: 5-0-1)
(For House amendments, see House Journal for February 8, 2000, page 218;
February 9, 2000, page 232.)
UNFINISHED BUSINESS OF WEDNESDAY, MARCH 1, 2000
Second Reading
Favorable with Recommendation of Amendment
S. 240
An act relating to the management of stormwater runoff.
Reported favorably with recommendation of amendment by Senator Ready
for the Committee on Natural Resources and Energy.
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. 10 V.S.A. § 1253(d) is amended to read:
(d) The board shall determine what degree of water quality and
classification should be obtained and maintained for those waters not classified
by it before 1981 following the procedures in sections 1254 and 1258 of this
title. Those waters shall be classified in the public interest. The secretary shall
revise all 17 basin plans by January 1, 2000 2006, and update them every five
years thereafter. At least one basin plan shall be completed per year beginning
in 1992. On or before January 1 of each year, the secretary shall report to the
house committees on agriculture and natural resources and energy and to the
senate committees on agriculture and natural resources and energy regarding
the progress made and difficulties encountered in revising basin plans. By
January 1, 1993, the secretary shall prepare an overall management plan to
ensure that the water quality standards are met in all state waters.
Sec. 2. 10 V.S.A. § 1264 is amended to read:
§ 1264. STORMWATER MANAGEMENT
(a) The runoff of stormwater that is collected and discharged to the waters
of the state and which may be deleterious to the surrounding waters shall be
subject to the provisions of this chapter. The general assembly finds that the
management of stormwater runoff is necessary to reduce stream channel
instability, pollution, siltation, sedimentation and local flooding, all of which
have adverse impacts on the water and land resources of the state. The general
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assembly intends, by enactment of this section, to reduce the adverse effects of
stormwater runoff. The general assembly determines that this intent may best
be attained by a process that: assures broad participation; focuses upon the
prevention of pollution; relies on structural treatment only when necessary;
establishes and maintains accountability; tailors strategies to the region and the
locale; assures an adequate funding source; builds broad-based programs;
provides for the evaluation and appropriate evolution of programs; is
consistent with the federal Clean Water Act and the state water quality
standards; and accords appropriate recognition to the importance of community
benefits that accompany an effective stormwater runoff management program.
However, the The term "stormwater runoff," as used in this section, is limited
to collected discharges from large scale developments to sensitive water
quality areas, means precipitation that does not infiltrate into the soil, including
material dissolved or suspended in it, but does not include discharges from
undisturbed natural terrain or wastes from combined sewer overflows, and
does not include ditching, tiling or the creation of grass waterways within
agricultural lands.
(b) The secretary shall prepare a plan for the management of collected
stormwater runoff found by the department to be deleterious to receiving
waters. The plan shall recognize that the runoff of stormwater is different from
the discharge of sanitary and industrial wastes because of the influence of
natural events of stormwater runoff, the variations in characteristics of those
runoffs, and the increased stream flows and natural degradation of the
receiving water quality at the time of discharge. The plan shall be cost
effective and designed to minimize any adverse impact of stormwater runoff to
waters of the state. By no later than April 1, 2001, the secretary shall prepare
an enhanced stormwater management program and report to the general
assembly on the content of that program. In developing the program, the
secretary shall consult with the water resources board, affected municipalities,
regional entities, other state and federal agencies, and members of the public.
The secretary shall be responsible for implementation of the program. The
secretary’s stormwater management program shall include, at a minimum,
provisions that:
(1) Indicate that the primary goals of the state program will be to assure
compliance with the Vermont water quality standards and to maintain after
development, as nearly as possible, the predevelopment runoff characteristics.
(2) Allow for differences in hydrologic characteristics in different parts
of the state.
(3) Incorporate stormwater management into the basin planning process
conducted under section 1253 of this title.
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(4) Assure consistency with applicable requirements of the federal Clean
Water Act.
(5)
Address stormwater management in new development and
redevelopment.
(6) Control stormwater runoff from construction sites and other land
disturbing activities.
(7) Indicate that water quality mitigation practices may be required for
any redevelopment of previously developed sites, even when
pre-redevelopment runoff characteristics are proposed to be maintained.
(8) Specify minimum requirements for inspection and maintenance of
stormwater management practices.
(9) Promote detection and elimination of improper or illegal connections
and discharges.
(10) Promote implementation of pollution prevention during the conduct
of municipal operations.
(11) Provide for a design manual that includes technical guidance for the
management of stormwater runoff.
(12) Encourage municipal governments to utilize existing regulatory and
planning authority to implement improved stormwater management by
providing technical assistance, training, research and coordination with respect
to stormwater management technology, and by preparing and distributing a
model local stormwater management ordinance.
(13) Promote public education and participation among citizens and
municipalities about cost-effective and innovative measures to reduce
stormwater discharges to the waters of the state.
(c) The secretary shall submit the plan program report to the house
committees on agriculture and natural resources and energy and to the senate
committees on agriculture and energy and natural resources and energy.
(d) The board shall consider the plan, and may amend it. It shall adopt the
plan as a rule under the Administrative Procedure Act. No later than July 1,
2001, the secretary shall file with the secretary of state a proposed rule which
contains the regulatory elements of the program.
(e) After the plan program takes effect as a rule, the secretary shall issue
require a discharge permit for discharge of collected stormwater runoff which
achieves the goals of the plan consistent with, at a minimum, the December 15,
1997, agency of natural resources stormwater management procedures. The
secretary may issue, condition, modify, revoke or deny discharge permits for
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collected stormwater runoff, as necessary to assure achievement of the goals of
the program and compliance with state law and the federal Clean Water Act.
The permit shall require as a condition of approval, proper operation and
maintenance of any stormwater management facility and submittal by the
permittee of a semiannual inspection report on the operation, maintenance and
condition of the stormwater management system. The permit shall contain
additional conditions, requirements and restrictions as the secretary deems
necessary to achieve and maintain compliance with the water quality standards,
including but not limited to requirements concerning recording, reporting and
monitoring the effects on receiving waters due to operation and maintenance of
stormwater management facilities. The secretary may issue general permits
for classes of stormwater runoff permittees and may specify the period of time
for which the permit is valid other than that specified in section 1263(d)(4) of
this title when such is consistent with the goals provisions of this section.
General permits shall be adopted and administered in accordance with the
provisions of subsection 1263(b) of this title. No permit is required under this
section for stormwater runoff from fields used for normal agricultural activities
farms subject to accepted agricultural practices adopted by the commissioner
of agriculture, food and markets or for stormwater runoff from silvicultural
activities subject to accepted management practices adopted by the
commissioner of forests, parks and recreation.
(f) Where the secretary determines the water quality standards are not met
in receiving waters due, in whole or in part, to collected stormwater runoff, the
secretary may issue a general permit specific to the watershed or a permit for
an individual project, but not a statewide general permit for such receiving
waters. Any permit issued pursuant to this subsection shall include a
compliance schedule of no longer than five years reasonably designed to assure
attainment of the water quality standards in the receiving waters. This
compliance schedule shall not require a permittee to take actions regarding
discharge of collected stormwater runoff that are not subject to the control of
the permittee.
Sec. 3. 24 V.S.A. § 4407(20) is added to read:
(20) Stormwater management and control. Any municipality may adopt
zoning and subdivision regulations as necessary to implement stormwater
management and control consistent with the program developed by the
secretary of natural resources pursuant to 10 V.S.A. § 1264.
Sec. 4. TRANSITION
(a) Until the secretary has adopted rules implementing the enhanced
program for management of stormwater runoff, the secretary’s existing
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program shall remain in effect, and may be amended by the secretary, under
the authority of this section prior to the amendments included in this act.
(b) The secretary shall conduct a study of stormwater management
responsibilities suitable for implementation by municipalities and shall present
to the legislature recommendations for promoting increased and cost effective
municipal involvement in stormwater management. The study shall be
conducted in cooperation with representatives of: municipal governments,
conservation groups, fishing groups, the construction industry, agricultural
interests, and the earth moving and shaping industry.
(Committee vote: 6-0-0)
House Proposal of Amendment
J.R.S. 88
Joint resolution honoring Ruth Finn on her retirement as Barre Town Clerk
and Treasurer.
The House proposes to the Senate to amend the resolution by striking out all
after the title and inserting in lieu thereof the following:
Whereas, a town’s clerk and treasurer is entrusted with enormous
responsibility for a municipality’s administrative and financial well-being, and
Whereas, the competence of town clerks and treasurers is reflected in the
quality of services provided to their citizens, and
Whereas, while Vermonters have elected many highly reputable and
respected town clerks, a few stand in a class by themselves, and
Whereas, without question, Ruth Finn of Barre Town merits inclusion in
this special category of extraordinary town clerks and treasurers, and
Whereas, since 1984, when the voters of Barre Town first elected this
Randolph native, as the municipality’s leading administrative and financial
official, they have experienced the highest caliber of local government service,
and
Whereas, Ruth Finn ideally prepared to assume this important
administrative position having graduated in 1957 from Simmons College in
Boston where her studies included courses in government and subsequently
familiarizing herself with the law by attending Portia Law School, and
Whereas, she enhanced her knowledge of legal matters by working as a
paralegal in her father’s and brother’s law office, and
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Whereas, Ruth Finn is the wife of attorney Richard M. Finn, and they are
the proud parents of a son and a daughter who in 1976 served as a legislative
page,
Whereas, the International Institute of Municipal Clerks has certified her
as a municipal clerk in recognition of her successfully completing the
institute’s training curriculum, and
Whereas, Ruth Finn mastered the intricacies of Barre Town’s government
and finances to such an extent that she was recognized as an encyclopedic
expert on the town’s public administration, and
Whereas, she has always exercised her official duties with the utmost care
and professionalism, and
Whereas, Ruth Finn’s colleagues in the Vermont Clerks and Treasurers
Association, who hold her in the highest regard, elected her to serve as the
association’s president, and
Whereas, she was also elected president of the Vermont Government
Officers’ Association, and
Whereas, in recognition of her expertise on matters pertaining to the
organization and preservation of municipal records, the governor appointed
Ruth Finn to the Vermont Historical Records Board, and
Whereas, aside from her duties as Barre Town Clerk and Treasurer, Ruth
Finn has led an active and fulfilling life having served as a Vice President
General of the National Society of the Daughters of the American Revolution
and as an Incorporator of the Hillside School for Boys in Marlboro,
Massachusetts and
Whereas, after 16 years of exemplary municipal service as Barre Town
Clerk and Treasurer, Ruth Finn has decided that she is ready for a change of
pace, and has decided not to stand for reelection on Town Meeting Day, now
therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly is pleased to honor Ruth Finn for her 16 years
of outstanding service as Barre Town Clerk and Treasurer, and be it further
RESOLVED: That the Secretary of State be directed to send a copy of this
resolution to Ruth Finn in Barre Town.
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NEW BUSINESS
Third Reading
S. 48
An act relating to registration at the polling place and early voter absentee
ballots.
Joint Senate Resolution for Action
J.R.S. 91
Joint resolution designating May 2000 as Osteoporosis Awareness Month.
(For text of resolution, see Senate Journal for Wednesday, March 1, 2000)
Joint House Resolutions for Action
J.R.H. 193
Joint resolution in memory of former Representative Homer Delmar
Perkins.
J.R.H. 194
Joint resolution congratulating former Representative Kermit
Richardson on his reelection National Master of the National Grange.
W.
J.R.H. 195
Joint resolution in honor of retiring Bridport Town clerk Clifford J. Huestis.
J.R.H. 196
Joint resolution congratulating the recipients of the year 2000 local
storekeepers award.
(For text of resolutions, see Senate Journal for Wednesday, March 1, 2000)
NOTICE CALENDAR
Favorable
H. 597
An act relating to children working at baseball games.
Reported favorably by Senator Greenwood for the Committee on General
Affairs and Housing.
(Committee vote: 6-0-0)
(For House amendments, see House Journal for February 23, 2000, page
300)
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Favorable with Proposal of Amendment
H. 234
An act relating to student members of the state board of education.
Reported favorably with recommendation of proposal of amendment by
Senator Maynard for the Committee on Education.
The Committee recommends that the Senate propose to the House to amend
the bill by adding a new Sec. 3 to read:
Sec. 3. EFFECTIVE DATE
This act shall take effect on passage. Upon passage, the governor shall
appoint the student member who is to become the full voting member in school
year 2001 as quickly as possible. The student may then attend meetings of the
state board in order to observe, and shall become a full voting member on
July 1, 2000.
(Committee Vote: 5-0-0)
(For House amendments, see House Journal for February 2, 2000, page
190.)
ORDERED TO LIE
S. 237
An act relating to minors and alcohol.
PENDING ACTION: Second reading.
Public Hearings
Wednesday, March 22, 2000 – Room 11 – 7:00-9:00 P.M. – Re: EMS Emergency Medical Services – House Committee on Commerce.
Thursday, March 23, 2000 – Room 11 – 7:00-10:00 P.M. – Re: Air
Quality: Vermont Agency of Natural Resources Proposal to Increase NOX
Emissions Through a Federal Waiver – Senate Committee on Natural
Resources and Energy
CALENDAR NOTICE OF PUBLIC HEARING ON V.I.T.
Monday, March 20, 2000, 7:00 P.M. - 9:30 P.M.
BILL #: (FY 2001 Appropriations Bill) - Senate Appropriations Committee
The Senate Appropriations Committee will hold a public hearing on
Vermont Interactive Television. The purpose of the hearing is to give Vermont
citizens throughout the State an opportunity to express their views about the
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State’s fiscal year 2001 budget. Eleven (11) V.I.T. site locations will be used
for the hearing: Bennington, Brattleboro, Canaan, Colchester, Middlebury,
Newport, Randolph Center, Rutland, St. Albans, St. Johnsbury and Waterbury.
For further information concerning studio site locations, contact Rebecca Buck
in the Legislative Fiscal Office at 802/828-5969. Requests for captioning
should be made to Ms. Buck at the Legislative Fiscal Office no later than 4:00
P.M. on Thursday, March 9.
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:
67. Petroleum Cleanup Fund Status Report for calendar year 1999.
(February 2000) (Agency of Natural Resources, Department of Environmental
Conservation)
68. Vermont State House Study of Space Needs. (February 2000)
(Agency of Administration, Department of Buildings and General Services)
69. Vermont Educational & Health Buildings Financing Agency 1999
Annual Report. (February 2000)
70. Vermont Fuel Assistance Report (LIHEAP). – (February 2000) (Agency of Human Services)
71.
2000)
Vermont Municipal Bond Bank 1999 Annual Report – (February
CROSSOVER DEADLINE
The Crossover deadline has been set for Friday, March 3, 2000.
This deadline means that all Senate bills must be reported out of the last
committee of reference (excluding the Committees on Appropriations and
Finance) on or before Friday, March 3, 2000, and filed with the Secretary of
the Senate so that they can be placed on the Calendar for Notice the next
legislative day.
All bills needing consideration by the Committees on Appropriations and
Finance must be reported out by those committees on or before Friday, March
17, 2000, and filed with the Secretary of the Senate.
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These deadlines may be waived for any bill or committee only with the
consent of the Committee on Rules.
Note: The House has chosen not to impose any crossover deadline. It is the
intention of the President pro tempore, nevertheless, that the Senate not act on
House bills that do not meet the Senate’s crossover deadlines, without the
consent of the Senate Rules Committee.
Joint Resolutions – If copies of joint resolutions are directed to be sent to
any persons, the proposers of the resolutions must provide the office of the
secretary of the Senate with the names and mailing addresses of the recipients.
INFORMATION NOTICE
The following items were recently received by the Joint Fiscal Committee:
JFO #1903 - Land donation of 91.56 acres from the Hinesburg Land Trust
to the Department of Fish and Wildlife. This parcel, which has a value of
$112,000.00, is mostly wooded and holds an extensive network of recreation
trails that connect the Village of Hinesburg with Lewis Creek. It should be
noted that while this parcel does not have Lewis Creek frontage, it is connected
to land that does and is already owned by the Department of Fish and Wildlife.
[JFO received 02/25/00]
JFO #1904 - Land donation of 1.6 acres from the Town of Morristown to
the Department of Fish and Wildlife. The residential home on the property was
removed in May 1999 after being repeatedly flooded. This land, which has a
value of $23,600.00, will provide meaningful public access to the Lamoille
River and nearby publicly owned lands. [JFO received 02/25/00]
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