Special Session Act No. 3

(Special Session S.1)

Technical amendments

This act makes various technical amendments to statutes and to other legislation from the 2009 session, as follows:

Secs. 1-5. Eliminates the amendments to condemnation proceedings initiated by the agency of transportation which were enacted by H.313 (No. 54 of the Acts of 2009) and thus reverts to existing (i.e., pre-H.313) law.

Sec. 6. Specifies the legislative committees that are to receive the microbusiness report requested pursuant to H.313 (No. 54 of the Acts of 2009).

Sec. 7. Repeals Sec. 96 of H.313 (No. 54 of the Acts of 2009), which created authority for the state treasurer to issue clean renewable energy bonds, a type of bond authorized under the federal American Recovery and Reinvestment Act of 2009 (ARRA).

Sec. 8. Requires that, in developing recommendations to the governor for FY 2011, the capital debt affordability advisory committee is to consult with certain entities and make recommendations regarding the applicability of ARRA bond provisions, including any necessary statutory revisions. Also requires that, prior to issuing general obligation bonds for FY 2010, the state treasurer is to consult with certain entities and consider using the various bond provisions of ARRA.

Sec. 9. Specifies that $350,000.00 shall be "appropriated" rather than "transferred" from the general fund for Sterling College, provided no ARRA monies are available to the college.

Sec. 10. Specifies that the town of Milton shall have "ten years after the creation of the district to begin incurring debt."

Sec. 11. Repeals various provisions of H.313 (No. 54 of the Acts of 2009), including sections that were duplicative with other enacted laws.

Sec. 11a. Repeals 19 V.S.A. § 1607, enacted under H.313 (No. 54 of the Acts of 2009), which provided for federal reimbursement for certain utility relocations.

Sec. 11b. Specifies how the department of labor is to spend appropriations from the next generation initiative fund.

Sec. 12. Specifies provisions of H.313 (No. 54 of the Acts of 2009) that supersede other, potentially conflicting provisions of law enacted during the 2009 legislative session.

Sec. 13. Provides that the directors of the clean energy development board must recuse themselves under certain circumstances. Makes other technical corrections and clarifications regarding the clean energy development fund.

Sec. 14. Regarding the clean energy development fund, repeals duplicate sections and clarifies which other sections control.

Sec. 15. Amends the effective date provision of H.313 (No. 54 of the Acts of 2009) to remove language that is duplicative of H.446 (No. 45 of the Acts of 2009).

Sec. 16. Directs the agency of human services to obtain approval from the joint fiscal committee, instead of the general assembly, before filing documents related to the renewal of Vermont's Federal Global Commitment to Health Medicaid waiver. The health access oversight committee will make a recommendation to the joint fiscal committee. The process applies only to the waiver renewal process for the waiver expiring at the end of federal fiscal year 2010.

Sec. 17. Corrects technical error.

Sec. 18. Provides that heating oil, kerosene, and other dyed diesel fuel not used to propel a motor vehicle are subject to the fuel gross receipts tax under 33 V.S.A. § 2503.

Sec. 19. Corrects a drafting error in 10 V.S.A. § 1922(15) by striking irrelevant language.

Secs. 20, 21. Corrects several technical errors and repeals several duplicate provisions which were enacted in other bills.

Sec. 22.  Corrects technical errors and makes clarifications to a provision on funding changes for the Catamount Health assistance program.

Sec. 22a. Provides a sale price for transfer to the town of Ludlow of an armory building on former state land.

Sec. 22b. Amends the 2009 transition-year rule for the capital gain exclusion amount allowed for the period July 1-December 31, 2009. The corrected amount is $2,500.00.

Sec. 22c. Repeals contradictory language in a statute governing fees for filing documents in a town clerk's office.

Sec. 23. Effective dates.

Date Signed by the Governor: June 10, 2009

Effective Date: Most sections take effect on passage (Passage was June 10, 2009, the date on which the governor signed the bill).

JOINT RESOLUTIONS