Senate Calendar
MONDay, may 10, 2004
126th DAY OF ADJOURNED SESSION
TABLE OF CONTENTS
Page No.
UNFINISHED BUSINESS OF THURSDAY, MAY 6, 2004
Motion to Reconsider
S. 42 Office of land recycling & brownfields reclamation program........... 1473
NEW BUSINESS
Third Reading
H. 143 Unemployment compensation rate for new businesses.................... 1473
H. 485 Inspection of exhibition motor vehicles........................................... 1473
Second Reading
Favorable
H. 518 Town listers – appointment of assessor.......................................... 1473
H. 776 Baltimore, Cavendish, and Weathersfield town lines....................... 1473
House Proposal of Amendment
S. 154 Whistleblower protection for health care employees....................... 1474
Joint Resolutions for Action
J.R.S. 65 Relating to civics education......................................................... 1477
J.R.H. 64 Authorizing Girls’ State to use the State House............................ 1477
J.R.H. 65 Vt. Council on Rural Development to use the State House........... 1477
J.R.H. 66 Methyl tertiary butyl ether (MTBE)............................................. 1478
NOTICE CALENDAR
Favorable
H. 769 Bennington school district charter.................................................. 1478
H. 774 Charter of the City of Rutland....................................................... 1478
H. 782 Bolton Fire District No. 1............................................................. 1478
H. 783 Brattleboro town charter............................................................... 1478
Favorable with Recommendation of Amendment
S. 249 Wastewater disposal systems in clay soils and near ledges............. 1479
Natural Resources and Energy Committee Report.................. 1479
Substitute Natural Resources & Energy Committee Rept........ 1482
Appropriations Committee Report......................................... 1484
Favorable with Proposal of Amendment
H. 609 Licensure of respiratory practitioners............................................. 1484
Health and Welfare Committee Report................................... 1484
H. 648 Application by village for designation of village center.................... 1487
Finance Committee Report.................................................... 1487
H. 772 Executive branch fees................................................................... 1502
Finance Committee Report.................................................... 1502
House Proposal of Amendment
S. 75 Decedents’ Estates........................................................................ 1519
Committee of Conference Report
S. 100 Humane & proper treatment of animals......................................... 1519
H. 737 Long-term care insurance.............................................................. 1526
Ordered to Lie
S. 91 Application of granular fertilizers to nonagricultural turf................... 1527
S. 231 Disposition of rights of decedents.................................................. 1527
H. 612 Mailing of town reports................................................................. 1527
H. 765 Relating to the term “Vermont Maple”........................................... 1527
UNFINISHED BUSINESS OF THURSDAY, MAY 6, 2004
Motion to Reconsider
S. 42
An act relating to creating an office of land recycling, and otherwise revising the brownfields reclamation program.
PENDING QUESTION: Shall the Senate reconsider its action previously taken in refusing to concur with the House Proposal of Amendment, as moved by Sen. Dunne?
(For text of House Proposal of Amendment, see Senate Journal for Friday, April 30, 2004, page 1144).
NEW BUSINESS
Third Reading
H. 143
An act relating to reduction of the unemployment compensation rate for new businesses.
H. 485
An act relating to inspection of exhibition motor vehicles.
Second Reading
Favorable
H. 518
An act relating to listers.
Reported favorably by Senator White for the Committee on Government Operations.
(Committee vote: 4-0-2)
(For House amendments, see House Journal of March 10, 2004, page 402)
Favorable
H. 776
An act relating to the Baltimore, Cavendish and Weathersfield town lines.
Reported favorably by Senator White for the Committee on Government Operations.
(Committee vote: 4-0-2)
(No House amendments)
House Proposal of Amendment
S. 154
An act to provide whistleblower protection for health care employees.
The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS
The General Assembly finds that:
(1) Recent national studies have consistently shown that Vermont hospitals lead the nation in the delivery of high quality health care services.
(2) Vermont hospitals aim to provide national leadership in their individual and collective efforts to create the blame-free culture that national experts such as Lucian Leape and the Institute of Medicine state is required to reduce medical errors and improve patient safety.
(3) There are more than 31,000 dedicated health care workers in administrative, clinical, and supporting roles throughout the state of Vermont who are committed to providing safe, dignified, and quality patient care.
Sec. 2. 21 V.S.A. chapter 5, subchapter 10 is added to read:
Subchapter 10. Whistleblower Protection
§ 507. WHISTLEBLOWER PROTECTION; HEALTH CARE EMPLOYEES; PROHIBITIONS; HEARING; NOTICE
(a) For the purposes of this subchapter:
(1) “Employee” means any person who performs services for wages or other remuneration under the control and direction of any public or private employer.
(2) “Employer” means:
(A) a hospital as defined in subdivision 1902(1) of Title 18; or
(B) a nursing home as defined in subdivision 7102(7) of Title 33.
(3) “Improper quality of patient care” means any practice, procedure, action, or failure to act of an employee or employer that violates any provisions of the Nurse Practice Act, codes of ethics, hospital policies, or any other established standards of care related to public or patient health or safety.
(4) “Law” means any law, rule or regulation duly enacted or adopted by this state, a political subdivision of this state, or the United States.
(5) “Public body” means (A) the United States Congress, any state legislature or any popularly elected local government body, or any member or employee thereof; (B) any federal, state, or local judiciary, or any member or employee thereof, or any jury; (C) any federal, state, or local regulatory, administrative, or public agency or authority, or instrumentality thereof; (D) any federal, state, or local law enforcement agency, prosecutorial office, or police or peace officer; or (E) any division, board, bureau, office, committee, or commission of any of the public bodies described in this subdivision.
(6) “Retaliatory action” means discharge, threat, suspension, demotion, denial of promotion, discrimination, or other adverse employment action regarding the employee’s compensation, terms, conditions, location, or privileges of employment.
(7) The “American Nurses Credentialing Center (ANCC)” means the national organization that developed the Magnet Recognition Program. The Magnet Recognition Program recognizes excellence in nursing services and is based on quality indicators and standards of nursing practice as defined in the American Nurses Association’s Scope and Standards for Nurse Administrators. The ANCC has the authority to designate “Magnet” status to hospitals that have demonstrated their current and ongoing commitment to excellence in nursing practice.
(8) “Supervisor” means any person who has the authority to direct and control the work performance of an employee.
(b) No employer shall take retaliatory action against any employee because the employee does any of the following:
(1) Discloses or threatens to disclose to any person or entity any activity, policy, practice, procedure, action, or failure to act of the employer or agent of the employer that the employee reasonably believes is a violation of any law or that the employee reasonably believes constitutes improper quality of patient care.
(2) Provides information to, or testifies before, any public body conducting an investigation, a hearing, or an inquiry that involves allegations that the employer has violated any law or has engaged in behavior constituting improper quality of patient care.
(3) Objects to or refuses to participate in any activity, policy, or practice of the employer or agent that the employee reasonably believes is in violation of a law or constitutes improper quality of patient care.
(c) Subdivisions (b)(1) and (3) shall not apply unless an employee first reports the alleged violation of law or improper quality of patient care to the employer, supervisor, or other person designated by the employer to address reports by employees of improper quality of patient care, and the employer has had a reasonable opportunity to address the violation. The employer shall address the violation under its compliance plan, if one exists. The employee shall not be required to make a report under this subsection if the employee reasonably believes that doing so would be futile because making the report would not result in appropriate action to address the violation.
(d) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of any employee under any law or under any collective bargaining agreement or employment contract.
§ 508. ENFORCEMENT
(a) An employee aggrieved by a violation of this subdivision may:
(1) utilize any available internal process, grievance procedure, or similar process available to the employee to maintain or restore any loss of employment rights with the employer; or
(2) bring an action in the superior court of the county in which the violation is alleged to have occurred.
(b) The initiation or completion of an internal process, grievance procedure, or similar process under subdivision (a)(1) of this section shall not be a condition precedent to bringing an action in superior court under subdivision (a)(2) of this section.
(c) No later than July 1, 2005, all hospitals as defined in subdivision 1902(1) of Title 18 shall revise their internal processes referred to in subdivision (a)(1) to include and be consistent with ANCC Magnet Recognition Program standards that support the improvement of quality patient care and professional nursing practice.
(d) If the court finds that the employer has violated subsection 507(b) of this title, the court shall order, as appropriate:
(1) reinstatement of the employee, including employment benefits, seniority, and same or equivalent position, shift schedule, or hours worked as the employee had before the retaliatory action;
(2) payment of back pay, lost wages, benefits, and other remuneration;
(3) any appropriate injunctive relief;
(4) compensatory damages;
(5) punitive damages;
(6) attorney fees; or
(7) any other appropriate relief.
§ 509. NOTICE
(a) No later than December 1, 2004, the commissioner of labor and industry shall develop and distribute to each employer a standard notice as provided in this section. Each notice shall be in clear and understandable language and shall include:
(1) a summary of this subchapter;
(2) that an employee, in order to receive the protections of this subchapter, must report, pursuant to subsection 507(c) of this title, to the employer, to the supervisor, or to the person designated to receive notifications; and
(3) a space for the name, title, and contact information of the person to whom the employee must make a report under subsection 507(c).
(b) No later than January 1, 2005, each employer shall post the notice in the employer’s place of business to inform the employees of their protections and obligations under this subchapter. The employer shall post the notice in a prominent and accessible location in the workplace. The employer shall indicate on the notice the name or title of the individual the employer has designated to receive notifications pursuant to subsection 507(c) of this title.
(c) An employer who violates this section by not posting the notice as required is liable for a civil fine of $100.00 for each day of willful violation.
Joint Resolutions for Action
J.R.S. 65
Joint resolution relating to civics education.
(For text of Resolution, see Senate Journal for May 7, 2004, page 1208)
J.R.H. 64
Joint resolution authorizing the 2004 girls’ state to use the State House.
(For text of Resolution, see Senate Journal for May 7, 2004, page 1205)
J.R.H. 65
Joint resolution authorizing the Vermont Council on Rural Development to use the State House.
(For text of Resolution, see Senate Journal for May 7, 2004, page 1206)
J.R.H. 66
Joint resolution relating to methyl tertiary butyl ether (MTBE).
(For text of Resolution, see Senate Journal for May 7, 2004, page 1207)
NOTICE CALENDAR
Favorable
H. 769
An act relating to the Bennington school district charter.
Reported favorably by Senator Shepard for the Committee on Government Operations.
(Committee vote: 4-0-2)
(For House amendments, see House Journal for April 21, 2004, page 954).
H. 774
An act relating to the charter of the city of Rutland.
Reported favorably by Senator Mullin for the Committee on Government Operations.
(Committee vote: 5-0-1)
(For House amendments, see House Journal for April 16, 2004, page 825).
H. 782
An act relating to the Bolton fire district No. 1.
Reported favorably by Senator Condos for the Committee on Government Operations.
(Committee vote: 4-0-2)
(For House amendments, see House Journal for April 23, 2004, page 970).
H. 783
An act relating to the Brattleboro town charter.
Reported favorably by Senator White for the Committee on Government Operations.
(Committee vote: 5-0-1)
(For House amendments, see House Journal for April 27, 2004, page 992; April 28, 2004, page 1168).
Favorable with Recommendation of Amendment
S. 249
An act relating to allowing and facilitating the use of wastewater disposal systems located in clay soils and near ledges.
Reported favorably with recommendation of amendment by Senator Gossens 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. § 1973(i) is added to read:
(i) Notwithstanding the fact that the soils involved do not comply with prescriptive soil requirements contained in the rules adopted under this chapter, a professional engineer shall be deemed in compliance with the requirements of this chapter and the rules adopted under this chapter and shall be entitled to a presumption that a wastewater disposal system will work on the site, if the professional engineer prepares and submits to the secretary and records in the land records a stamped and signed design for a wastewater system that the professional engineer has certified will operate so as to keep effluent from surfacing. The presumption created under this subsection shall be available only in situations in which all of the following apply:
(1) The professional engineer is currently licensed by the state and is in good standing.
(2) The land involved is located entirely within one or more municipalities that have planning and zoning processes that are confirmed under 24 V.S.A. § 4350 and that have municipal plans approved as provided under that section.
(3) The professional engineer provides proof of insurance coverage adequate to:
(A) indemnify the engineer’s clients for negligent design or supervision of installation under this chapter, and
(B) provide for the repair of any wastewater system that fails, without having to establish the negligence of the engineer, as system failure is defined by this chapter and determined by the secretary to exist, based upon monitoring or by other means. The strict liability established by this subdivision shall not apply if an independent inspector licensed by the secretary under subsection 1975(h) of this title finds that the failure was caused by a use of the system that was clearly prohibited by the manufacturer of the system and that clear prohibition was entered in the land records.
(4) The professional engineer certifies that the engineer or the engineer’s agent has observed the installation of the wastewater system and that installation occurred according to the design.
(5) The wastewater system involved relates only to single family home development.
(6) Any non-prescriptive design employed will maintain, above the calculated level of the effluent plume, at least six inches of naturally occurring soil, and will be located at least 110 percent of the setback from surface water or known drinking water supplies that is required in the rules established for prescriptive systems.
(7) Monitoring wells are installed, sufficient to ensure that effluent is maintained at least six inches below the surface.
(8) The landowner and any successor in title are obligated to enter a contract with an independent inspector licensed by the secretary, pursuant to which the independent inspector, in compliance with the requirements established by the secretary, will monitor the functioning of the system and will be entitled to reasonable re-imbursement by the current landowner for the costs of monitoring. Any contract will clearly indicate that landowner obligations to contract with an independent inspector for monitoring shall run with the land, and a copy of a current contract will be filed with the secretary and entered in the land records.
(9) The landowner will contract with a professional engineer, or other person determined competent by the secretary, for annual inspection and necessary servicing of any non-prescriptive wastewater system, and annual notification to the secretary that inspection and servicing has taken place. Servicing shall take place more frequently than on an annual basis if required by the instructions from the manufacturer of the system. A copy of a current service contract shall be provided to the secretary and filed in the land records.
(10) The professional engineer agrees to indemnify the landowner for the necessary cost of home reconstruction on a suitable site, in the event that a non-prescriptive system fails, and it is determined by an independent engineer, with the assent of the secretary, that no other system can be constructed on the property that will not fail.
Sec. 2. 10 V.S.A. Section § 1975 is amended to read:
§ 1975. DESIGNER LICENSES
(a) The secretary shall establish and implement a process to license and periodically renew the licenses of designers of potable water supplies or prescriptive wastewater systems, establish different classes of licensing for different potable water supplies and wastewater systems, and allow individuals to be licensed in various categories.
(b) No person shall design a potable water supply or prescriptive wastewater system that requires a permit under this chapter without first obtaining a designer license from the secretary, except a professional engineer who is licensed in Vermont shall be deemed to have a valid designer license under this chapter, provided that:
* * *
(h) Each licensed designer shall carry insurance coverage adequate to indemnify each landowner on whose property a wastewater system is to be constructed, for negligent design or supervision of installation. The minimum coverage of liability shall be no less than $50,000.00 per claim.
(i) The secretary shall establish a class of licensees to act as independent inspector of wastewater systems that are exempt from the rules established under this chapter, as provided in subsection 1973(i) of this title. A licensed independent inspector shall be eligible to contract with a landowner owning a wastewater system to provide independent inspection services and report to the secretary and landowner as required under that section. A licensed independent inspector also shall be eligible to investigate a failed system, regulated under that subsection, to ascertain whether or not the failure was caused by a use of the system that was clearly prohibited by the manufacturer of the system and that clear prohibition was entered into the land records. An independent inspector shall not be actively involved in the installation or maintenance of wastewater systems regulated under subsection 1973(i) of this title. These rules shall include provisions that otherwise assure the independence of each inspector.
Sec. 3. 10 V.S.A. § 1976(a) and (b) are amended to read:
(a)(1) If a municipality submits a written request for delegation of this chapter, the secretary shall delegate authority to the municipality to implement and administer provisions of this chapter, the rules adopted under this chapter, and the enforcement provisions of chapter 201 of this title relating to this chapter, provided that the secretary is satisfied that the municipality:
(A) has
established a process for accepting, reviewing, and processing applications and
issuing permits, which shall adhere to meet or exceed the minimum
requirements of the rules established by the secretary for potable water
supplies and wastewater systems, including permits, by rule, for sewerage
connections;
* * *
(b) As of July 1, 2007, those provisions of municipal ordinances and zoning bylaws that regulate potable water supplies and wastewater systems are superseded by the provisions of this chapter and the rules adopted under this chapter. However, to the extent that local ordinances and bylaws apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that those local ordinances and bylaws establish procedural requirements that are consistent with this chapter and meet or exceed the minimum requirements of the rules adopted under this chapter, those provisions of existing and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section.
Sec. 4. Sec. 15 of No. 133 of the Acts of the 2001 Adj. Sess. (2002) is amended to read:
Sec. 15. TRANSITION AND IMPLEMENTATION
* * *
(m) Municipal ordinances and bylaws. Between the effective date of this act and July 1, 2007, a municipality may adopt or amend a sewage ordinance or those provisions of a zoning bylaw that regulate potable water supplies and wastewater systems, only if:
(1) as adopted or amended, it contains
technical standards no more stringent than the state standards that
meet or exceed the minimum state standards, including wastewater system siting
and design, in effect on January 1, 2002; or
(2) as adopted or amended, it contains technical standards consistent with or more stringent than those adopted under this act, except that a municipality may choose to limit, preclude, or otherwise regulate the use of specific technologies for the treatment and disposal of wastewater in order to protect natural or fragile areas.
(Committee vote: 6-0-0)
SUBSTITUTE REPORT OF THE COMMITTEE ON NATURAL RESOURCES AND ENERGY TO S. 249 TO BE OFFERED BY SENATOR GOSSENS, ON BEHALF OF THE COMMITTEE ON NATURAL RESOURCES
Senator Gossens, on behalf of the Committee on Natural Resources and Energy, moves to substitute the following for the proposal of amendment of the Committee on Natural Resources and Energy:
The Committee recommends that the Senate propose to the House to amend’ the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec.1. 10 V.S.A. § 1973(i) is added to read:
(i) Notwithstanding the fact that the soils involved do not allow a system to be designed within the rules adopted under this chapter, a professional engineer shall be deemed in compliance with the requirements of this chapter and the rules adopted under this chapter and shall be entitled to a presumption that a wastewater disposal system will keep effluent from surfacing, if the professional engineer prepares and submits to the secretary and records in the land records a stamped and signed design for a wastewater system that the professional engineer has certified will operate so as to keep effluent from surfacing. The presumption created under this subsection shall be available only in situations in which all of the following apply:
(1) The professional engineer is currently licensed by the state and is in good standing.
(2) The professional engineer provides proof of insurance coverage adequate to indemnify the engineer’s clients for negligent design or observation of the installation under this chapter.
(3) The professional engineer certifies that the engineer or the engineer’s agent has observed the installation of the wastewater system and that installation occurred according to the design.
(4) Any non-prescriptive system shall be designed so that the calculated level of the effluent plume is at least six inches below the top of naturally occurring soil, and will be located at least the minimum setback from surface water or known drinking water supplies that is required in the rules established.
(5) Monitoring wells are installed to monitor effluent. A system is not failed unless wastewater effluent surfaces.
(6) The landowner and any successor in title are obligated to enter a contract with a professional engineer, independent from the designer, pursuant to which the independent professional engineer will monitor the functioning of the system and will be entitled to reasonable re-imbursement by the current landowner for the costs of monitoring. A copy of the permit will be entered in the land records. A condition of the permit will clearly indicate that landowner obligations to contract with an independent professional engineer for monitoring shall run with the land. A memorandum of the current contract will be filed with the secretary and entered in the land records.
(7) The landowner will contract with a professional engineer for annual inspection and necessary servicing of any non-prescriptive wastewater system, and annual notification to the secretary that inspection and servicing has taken place. Servicing shall take place more frequently than on an annual basis if required by the instructions from the manufacturer of the system. A copy of a current service contract and annual inspection reports shall be provided to the secretary.
Sec. 2. 10 V.S.A. § 1975(h) and (i) are added to read:
(h) Each licensed designer of a non-prescriptive wastewater system shall carry insurance coverage adequate to indemnify each landowner on whose property a wastewater system is to be constructed, for negligent design or supervision of installation. The minimum coverage of liability shall be no less than $50,000.00 per claim.
(i) Licensed designers that are not professional engineers shall only be allowed to design prescriptive wastewater systems and small scale water systems, as defined in the rules adopted under this chapter.
Reported favorably by Senator Gossens for the Committee on Appropriations.
(Committee vote: 7-0-0)
Favorable with Proposal of Amendment
H. 609
An act relating to the licensure of respiratory care practitioners.
Reported favorably with recommendation of proposal of amendment by Senator Mayo for the Committee on Health and Welfare, upon commitment.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: In Sec. 2, 26 V.S.A. § 4701, by striking out subdivisions (7), (8), and (9) in their entirety and inserting in lieu thereof new subdivisions (7), (8), and (9) to read as follows:
(7) “Performance of respiratory care” means respiratory care in accordance with the prescription of a licensed physician, licensed osteopath, certified physician assistant, certified anesthesiologist assistant, or licensed nurse practitioner, including the diagnostic and therapeutic use of the following:
(A) Medical gases (except for the purpose of anesthesia), aerosols, and humidification.
(B) Pharmacologic agents.
(C) Mechanical or physiological ventilatory support.
(D) Bronchopulmonary hygiene.
(E) Cardiopulmonary resuscitation.
(F) Insertion and maintenance of artificial airways.
(G) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures, and flows, collection and analysis of specimens of blood and blood gases and specimens from the respiratory tract, expired and inspired gas samples, respiratory secretions, and pulmonary function testing and hemodynamic and other related physiologic measurements of the cardiopulmonary system.
(H) Insertion and maintenance of arterial and venous catheters.
(8) “Practice of respiratory care” means:
(A) Direct and indirect respiratory care services, including the administration of pharmacologic, diagnostic, and therapeutic agents necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen by a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner.
(B) Transcription and implementation of written or verbal orders of a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner which pertains to the practice of respiratory care.
(C) Observing and monitoring signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics.
(D) Implementing report, referral, and respiratory care protocols or changes in treatment, based on observed abnormalities, pursuant to a physician, physician assistant, anesthesiologist assistant, or nurse practitioner’s prescription.
(E) Initiating emergency procedures pursuant to rules adopted by the director or as otherwise provided under this chapter.
(F) Respiratory care may be practiced in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate or necessary by the director and in accordance with the prescription or verbal orders of a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner.
(9) “Respiratory care” means the allied health profession responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with cardiopulmonary systems under the direction of a physician, physician assistant, anesthesiologist assistant, or nurse practitioner. Respiratory care also includes inhalation therapy and respiratory therapy.
Second: In Sec. 2, by striking out 26 V.S.A. § 4712 in its entirety and inserting in lieu thereof a new 26 V.S.A. § 4712 to read as follows:
§ 4712. EXEMPTIONS FROM LICENSURE
(a) No person shall practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this chapter, except that this chapter shall not prohibit:
(1) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person’s respiratory care education while under direct supervision of a respiratory care practitioner or physician.
(2) A respiratory care practitioner from practicing in the United States Armed Services, United States Public Health Services, or the Department of Veterans’ Affairs, pursuant to federal regulations of health care providers.
(3) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunications.
(4) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
(5) Those individuals meeting the aide/assistant classification or those working under medical supervision in a pulmonary function testing or research facility.
(6) Respiratory care rendered in an emergency.
(7) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.
(8) A respiratory care practitioner who is licensed in another jurisdiction of the United States or a foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.
(9) A home care medical equipment dealer from performing services related to delivery, setup, instruction, or maintenance of durable medical equipment, including home respiratory equipment. This exemption does not include therapeutic evaluation or assessment.
(10) An assistant or aide working under the direct or indirect supervision of a supervisor of record. Practice under this exemption is limited in scope and shall not include the exercising of independent clinical judgment. The assistant or aide shall follow well-defined and supervised procedures for nonacute patient care. The scope of practice shall be limited to equipment processing, oxygen delivery setup and monitoring, pulse oximetry and shall be preassessed by a supervisor of record. Treatments are limited to: small volume medication nebulizers, metered dose inhalers, chest physiology with or without postural drainage, and incentive spirometry or peak flow monitoring.
(11) A polysomnographic technologist, technician, or trainee from performing activities within the scope of practice adopted by the association of polysomnographic technologists, while under the direction of a Vermont licensed physician who has training in sleep medicine.
(12) A perfusionist from performing those activities contained within the perfusion scope of practice adopted by the American Society of Extracorporeal Technologists, or its successor organization, while under the supervision of a licensed physician.
(b) This chapter does not restrict a person licensed or certified under any other law of this state from engaging in the profession or practice for which that person is licensed or certified if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.
(Committee Vote: 6-0-0)
Reported favorably by Senator Ayer for the Committee on Finance.
(Committee vote: 5-0-2)
(For House amendments, see House Journal for April 13, 2004, page 774.)
An act relating to application by village for designation of village center.
Reported favorably with recommendation of proposal of amendment by Senator Cummings for the Committee on Finance, upon commitment
The Committee recommends that the Senate propose to the House to amend the bill by as follows:
First: By renumbering Secs. 1 and 2 of the bill to be Secs. 2 and 3 respectively, and by inserting a new Sec. 1 to read as follows:
Sec. 1. ECONOMIC DEVELOPMENT; LEGISLATIVE POLICY AND PURPOSE
The legislature finds that effective and fruitful economic growth results from developing and fostering interconnections, communications, and commerce among localities, villages, towns, regions, the nation, and the global market. It is therefore the purpose of this act to encourage and support the growth of village centers as well as provide incentives and expanded mechanisms for investment in Vermont firms, coordinate and focus the state’s procurement policies, provide for the remediation of contaminated properties, and provide the means whereby the legislature may evaluate and assess the effects of global trade agreements on Vermont laws and policies.
Second: By adding a new section to be numbered Sec. 4 to read to read as follows:
Sec. 4. 2 V.S.A. chapter 23 is added to read:
CHAPTER 23. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON TRADE POLICY
§ 801. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON TRADE POLICY
(a) The general assembly finds that international trade is an important part of Vermont’s economy, and that World Trade Organization agreements and the North American Free Trade Agreement have implications for Vermont laws governing agriculture, services, environmental regulation, and economic subsidies and support. The general assembly further finds that future trade agreements such as the proposed Free Trade Area of the Americas may also have an impact on Vermont. Therefore, it is the intent of the general assembly to create a joint legislative oversight committee on trade policy to monitor the impact of these trade agreements on Vermont laws and to provide a mechanism for legislators and citizens to voice their opinions and concerns about the potential impacts of these trade agreements on state and federal government officials.
(b) A joint legislative oversight committee on trade policy is created, to consist of four senators appointed by the senate committee on committees, and four representatives appointed by the speaker of the house. No more than two members from each house may be from the same political party. The committee shall elect its own chair, vice chair, and clerk. The committee shall have the assistance of the staff of the legislative council and the joint fiscal office. The committee may meet during adjournment of the general assembly for no more than five meetings in any fiscal year.
(c) The committee shall:
(1) hear public testimony on the actual and potential impacts of international trade agreements and negotiations on Vermont;
(2) maintain active communication with the Vermont agency of commerce and community development, the United States trade representatives office, the Vermont congressional delegation, the National Conference of State Legislatures, and any other bodies the committee deems appropriate regarding ongoing developments in international trade agreements and policy;
(3) conduct an annual assessment of the impacts of international trade agreements on Vermont law and submit the report to the general assembly;
(4) examine any aspects of international trade, international economic integration, and trade agreements the committee deems appropriate; and
(5) submit an annual report to the general assembly and the governor regarding the committee’s findings and recommendations.
Third: By adding a new section to be numbered Sec. 5 to read as follows:
Sec. 5. 3 V.S.A. § 2295 is added to read:
§ 2295. SECRETARY OF ADMINISTRATION; PROCUREMENT PREFERENCES; RULES
(a) The secretary of administration shall develop by rule a system to provide preferences for Vermont‑based vendors bidding to provide goods or services to the state of Vermont pursuant to the following:
(1) Tiebreaker preference. For all purchases made by the state of Vermont which receive equal bids, preferences shall be given to products manufactured or services offered by Vermont‑based firms.
(2) Reciprocal preference. Vermont‑based businesses shall be awarded a reciprocal preference in the bidding process when a competing vendor is based in another state that provides a preference for its in-state businesses.
(b) The secretary shall issue a public report on an annual basis that:
(1) outlines the state’s procurement policies, including all work done by contractors and subcontractors, which ensure Vermont’s contracting partners comply with state policies;
(2) details the locations by state and country where services under state contracts will be performed; and
(3) includes an analysis of the fiscal impacts of the state’s procurement policies, including the impact on tax revenue and state expenditures.
Fourth: By adding a section to be numbered Sec. 6 to read as follows:
Sec. 6. 8 V.S.A. § 2055(c) is amended to read:
(c)
Societies, associations, co-partnerships, and corporations composed for
the most part of individuals who are eligible to membership may be admitted to
membership in the same manner and under the same conditions as individuals, but
may not borrow in excess of their holdings, except in the case of loans to
small businesses or nonprofit organizations made by credit unions designated
as community development credit unions subject to rules promulgated adopted
by the commissioner of banking, insurance, securities, and health care
administration. Any credit union organized under this chapter may become a
member of a corporate central credit union.
Fifth: By adding a new section to be numbered Sec. 7 to read as follows:
Sec. 7. 8 V.S.A. § 2066(b) is amended to read:
(b) The commissioner
may, if he or she determines that it is in the public interest and that there
is no materially adverse financial effect on the shareholders, borrowers or the
general public, by rule authorize a credit union to engage in any procedural
activity in which a federal credit union may lawfully engage.
Sixth: By adding four new section to be numbered Secs. 8 through 11 to read as follows:
Sec. 8. 10 V.S.A. chapter 14A is added to read:
CHAPTER 14A. THE VERMONT SEED CAPITAL FUND
§ 291. VERMONT SEED CAPITAL FUND; AUTHORIZATION; LIMITATIONS
(a) The formation of a private investment fund to be named “the Vermont seed capital fund” or “the fund” is authorized for the purpose of increasing the amount of investment capital provided to new Vermont firms or to existing Vermont firms for the purpose of expansion.
(b) The Vermont seed capital fund shall be formed as either a business corporation or a limited partnership pursuant to Title 11 and shall be subject to all the following:
(1) The Vermont seed capital fund shall not invest in any firm in which a total of more than a 25 percent interest in that firm is held by an investor of the Vermont seed capital fund combined with any interest held in the firm by the spouse or dependent children of the investor.
(2) Before the fund makes any investments, the fund shall:
(A) If organized as a corporation, have and thereafter maintain a board of nine directors, seven of whom shall be elected by the shareholders and two of whom shall be appointed by the governor with the advice and consent of the senate and shall represent the public interest of the state.
(B) If organized as a partnership, have and maintain a board of three advisors appointed by the governor with the advice and consent of the senate. The board of advisors shall represent solely the public interest of the state with respect to the management of the fund and shall have no civil liability for the financial performance of the fund. The board of advisors shall be advised of investments made by the fund and shall have access to all information held by the fund with respect to investments made by the fund.
(3) The Vermont seed capital fund, within 120 days after the close of each fiscal year of its operations, shall issue a report that includes an audited financial statement certified by an independent certified public accountant. This report shall be distributed to the governor and the legislative council and made available to the public. The report shall include a discussion of the fund’s impact on the Vermont economy and employment.
(4) The Vermont seed capital fund shall not make distributions of more than 75 percent of its net profit to its investors during its first five years of operation.
(5) No person shall be allocated more than 10 percent of the available tax credits. For the purposes of determining allocation, the attribution rules of Section 318 of the Internal Revenue Code in effect as of the effective date of this chapter shall apply.
(6) The first $2 million of capitalization of the Vermont seed capital fund raised from Vermont taxpayers on or before January 1, 2014 shall be eligible for partial tax credits as specified in 32 V.S.A. § 5830b.
(7) All investments and related business dealings using funds that qualify for partial tax credits under 32 V.S.A. § 5830b shall be subject to the following restrictions:
(A) The investments shall be restricted to Vermont firms, which for the purposes of this chapter means that their Vermont apportionment under section 5833 of Title 32 equals or exceeds 50 percent, using the apportionment rules under section 5833. Any funds invested in Vermont firms shall be used for the purpose of enhancing their Vermont investments. Investment shall be restricted to firms that export the majority of their products and services outside the state or add substantial value to products and materials within the state. In its investments, the fund shall give priority to new firms and existing firms that are developing new products.
(B) Each Vermont seed capital fund investment in any one firm in any 12-month period shall be limited to a maximum of 10 percent of the Vermont seed capital fund’s capitalization.
(C) At least two-thirds of the monies invested by the Vermont seed capital fund and qualifying for a tax credit under section 5830b of Title 32 shall at all times be invested in the form of equity or convertible securities. This provision shall not prohibit the generally accepted business practice of earning interest on working funds deposited in relatively secure accounts such as savings and money market funds.
§ 292. INITIAL ORGANIZATION
(a) In order to provide for the initial organization of the fund, the governor shall appoint a committee to act as founders, consisting of five individuals having business background and experience. The committee shall incorporate the Vermont seed capital fund organizing corporation by filing the articles of incorporation with the secretary of state.
(b) If the directors of the Vermont seed capital fund organizing corporation organize the fund as a corporation, the organizing corporation shall file the articles of incorporation of the Vermont seed capital fund as a corporation with the secretary of state.
(c) In the event the directors of the Vermont seed capital fund organizing corporation organize the fund as a limited partnership, the organizing corporation shall file the certificate and partnership articles of the Vermont seed capital fund as a limited partnership with the secretary of state.
(d) These documents shall reflect the purposes of this chapter and conform to the limitations in section 291 of this title and shall not be adopted or amended without conformity with this chapter and Title 11.
(e) If the fund is organized as a limited partnership, the Vermont seed capital fund organizing corporation shall initially be a general partner. The directors of the Vermont seed capital fund organizing corporation shall thereafter select a general partner or partners to manage the fund; the articles of partnership shall be amended and the Vermont seed capital fund organizing corporation shall be dissolved and its existence terminated.
§ 293. CAPITALIZATION
The fund may solicit and receive subscriptions provided that subscriptions for amounts exceeding $2 million shall be reduced pro rata among subscribers subscribing for more than $2 million in the event the issue is oversubscribed by the termination date as set by the fund. The minimum capitalization shall be $1 million.
Sec. 9. REPEAL
Chapter 14 of Title 10 (Vermont Venture Capital Fund) is repealed, effective July 1, 2010.
Sec. 10. 32 V.S.A. § 5830b is amended to read:
§ 5830b.
TAX CREDITS; VERMONT VENTURE SEED
CAPITAL FUND
(a) The initial
$3 million of capitalization of the Vermont venture seed capital fund,
comprising a maximum $2 million raised from Vermont taxpayers on or before January 1, 1993 2014, shall
entitle those taxpayers to a credit against the tax imposed by sections 5822,
5832, 5836, or 8551 of this title. The credit may be claimed for the taxable
year in which a contribution is made and each of the eight four
succeeding taxable years. The amount of the credit for each year shall be the
lesser of ten 20 percent of the taxpayer’s contribution or 50
percent of the taxpayer’s tax liability for that taxable year prior to the
allowance of this credit; provided, however, that in no event shall the
aggregate credit allowable under this section for all taxable years exceed
50 percent of the taxpayer’s contribution to the initial $3 total
$2 million capitalization of the Vermont venture seed capital
fund. The credit shall be nontransferable except as provided in subsection (b)
of this section.
(b) If the
taxpayer disposes of an interest in the Vermont venture seed capital fund within six
four years after the date on which the taxpayer acquired that
interest, any unused credit attributable to the disposed-of interest is
disallowed. This disallowance does not apply in the event of an involuntary
transfer of the interest, including a transfer at death to any heir, devisee,
legatee, or trustee, or in the event of a transfer without consideration
to or in trust for the benefit of the taxpayer or one or more persons related
to the taxpayer as spouse, descendant, parent, grandparent, or child.
Sec. 11. EFFECTIVE DATE
Sec. 10 of this act (Vermont seed capital fund tax credit) shall apply to contributions made in taxable years 2004 and after.
Seventh: By adding five new sections to be numbered Secs. 12 through 16 to read as follows:
Sec. 12. 10 V.S.A. § 6615(d)(3) is added to read:
(3) A municipality or other governmental entity shall have no liability under this section in regard to property acquired involuntarily through bankruptcy, tax delinquency, abandonment, or any other circumstance in which the property is acquired by virtue of its function as sovereign. A municipality that acquires property involuntarily may engage in any actions approved by the secretary in writing, including abatement, investigation, remediation, or removal activities to be conducted in response to a release or threatened release of hazardous materials.
Sec. 13. 10 V.S.A. § 6615a is amended to read:
§ 6615a. REDEVELOPMENT OF CONTAMINATED PROPERTIES PROGRAM
(a) Establishment of program. A property cleanup program is hereby created to enable certain interested parties to request the assistance of the secretary in reviewing and overseeing work plans to investigate, abate, remove, remediate and monitor those properties in exchange for protection from certain liabilities under section 6615 of this title. This program, to be called the “redevelopment of contaminated properties program,” shall be established within the agency of natural resources, department of environmental conservation.
(1)
Pilot project. Between the dates of January 1, 1998 and July 1, 2001, no more than five new
projects may be eligible to participate in the pilot project established under
this subdivision. Eligibility will be determined on a first-come first served
basis, based upon the order in which applications are received, between those
dates. An applicant will retain his or her rank in the order of filed
applications as long as the secretary does not issue a finding that the
applicant has failed to progress with the project in a timely fashion, in which
case the next applicant will assume that ranking, and the applicant who is the
subject of the failure to progress finding shall be moved to the bottom of the list. New
applications to participate in the pilot project will not be accepted after July 1, 2001.
(2)
Benefits of participation in pilot project. Participants in the pilot project
will be entitled to all benefits specified in this section.
(b)
Definitions. For the purposes of this section,:
(1) “eligible Eligible
person” shall mean means a person, as defined in section 6602 of
this chapter, who has been determined to be eligible for the redevelopment of
contaminated properties program pursuant to subsection (f) of this section.
The term “eligible person” shall include a secured lender who holds indicia of
ownership in the property, as those indicia are described in section 6602(23)
of this title, if the secured lender has been determined to be eligible for the
redevelopment of contaminated properties program pursuant to subsection (f) of
this section.
(2) “Remediation standards” means procedures developed by the secretary of natural resources for the remediation of contaminated properties. The secretary shall determine appropriate remedial standards on a site‑specific basis and shall consider all the following:
(A) Future land use and the appropriate use of institutional controls.
(B) Environmental media, including soil, groundwater, surface water, and air.
(C) Requirements for source removal, treatment, or containment.
(D) Appropriate use of monitored natural attenuation.
(E) Any other issue related to the protection of public health and the environment.
* * *
(f) Eligibility.
* * *
(3)
Notwithstanding the requirements of this section regarding the ineligibility of
current owners, current owners shall be eligible if the property is contained
within a downtown development district designated under the provisions of
chapter 76A of Title 24, and as long as the owners and the property are
otherwise eligible under the provisions of this section.
(g) Submittal and approval of site investigation.
* * *
(5) If the
approved site investigation report concludes that no further investigation,
abatement, removal, remediation, or monitoring activities are required
to adequately protect human health and the environment and to meet all
applicable cleanup remediation standards, then the eligible
person or successor may request a determination from the secretary that no
additional investigation, abatement, removal, remediation, and monitoring
activities are required.
(6) The secretary may determine that no abatement, removal, remediation, or monitoring activities are required if the secretary determines all of the following:
* * *
(B) The releases or threatened releases that are not abated, removed, or remediated do not pose an unacceptable risk to human health and the environment and meet the remediation standards.
* * *
(h) Submittal and approval of corrective action plan.
(1) If the
approved site investigation report concludes that abatement, removal, remediation,
or monitoring activities are required to adequately protect human health and
the environment and to meet all applicable cleanup standards, the eligible
person or successor shall submit a corrective action plan, which shall clearly
describe the basis and details of a proposed cleanup strategy to insure
technical feasibility, effective engineering design, reasonable costs, and
protection of human health and the environment, and in compliance with the
remediation standards. The corrective action plan shall include the
following elements:
* * *
(D) A
description of applicable state remediation standards,
including any standards establishing acceptable concentrations of constituents
in soils, surface water, or groundwater and, for constituents present at the
site for which such state standards do not exist, a description of the cleanup
levels to be attained and any current risk to human health or the environment
based upon the proposed use and any likely future use of the property.
* * *
(2) The
secretary shall evaluate the corrective action plan, and shall either approve,
approve with conditions, or disapprove the corrective action plan. The
secretary may contract with private engineers, hydrologists, or site
professionals of the secretary’s sole choice to provide the investigation and
review required by this subsection. The secretary shall set such the
insurance, bond, or other surety requirements of these professionals as
the secretary may deem appropriate determine. The costs and
expenses of any professionals retained by the secretary for this investigation
shall be the sole responsibility of the eligible person. If the secretary
approves with conditions or disapproves the corrective action plan, the
eligible person or successor shall submit a revised corrective action
plan for approval or shall withdraw from the program. If the secretary
requests additional or corrected information at any time during evaluation of
the corrective action plan, the eligible person or successor shall submit the
information requested or withdraw from the program.
(3) The secretary may approve a corrective action plan for all, or a portion of, the releases or threatened releases at the property, if the secretary determines all of the following:
* * *
(B) The
corrective action plan provides for all investigation, abatement, removal,
remediation, and monitoring activities required to protect human health
and the environment and to meet all applicable cleanup remediation
standards.
(C) The
eligible person, or successor, in writing, which a written document
that shall be binding upon any successor, agrees:
* * *
(4) If the secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not pose an unacceptable risk to human health and the environment and are in compliance with the remediation standards.
(5) Prior
to approval of the corrective action plan submitted pursuant to subdivision
(h)(1) of this section, the secretary shall provide public notice, which may be
satisfied by a notice published in a local newspaper generally circulated in
the area where the property is located and written notice to the town
clerk for the town municipality in which the property is located,
provided together with a request that the notice be posted in a conspicuous
place. The notice shall set forth any proposed abatement, investigation,
remediation, removal, and monitoring activities; shall state that the secretary
is considering approval of a corrective action plan providing for such
activities; shall request public comment on the proposed activities within 15
days after publication; and shall state the name, telephone number, and
address of an agency official able to answer questions and receive comments on
the matter. The public comment period may be extended by the secretary if
public interest warrants the extension. The secretary shall review public
comment, if any, prior to approval of the corrective action plan. The decision
of the secretary as to whether a corrective action plan should be approved is
within the secretary’s sole discretion and is final. Upon approval of a
corrective action plan, the secretary shall inform the person, in general, of
future requirements under this section that must be met by the eligible person
or successor, and shall provide the person with a tentative schedule that
establishes the processing times that the agency is likely to require, once an
eligible person or successor has completed the various stages of the process
established under this section, depending upon the scope and complexity of the
project in question, and other demands on agency staff.
(A) With
respect to properties in the pilot project established under subdivision (a)(1)
of this section, except in the case of Except for a corrective
action plan adjustment as provided under subdivision (h)(5)(B) of this section
subsection, once the secretary has approved a corrective action plan,
the secretary may not amend the plan, unless amendment is requested by an
eligible person or successor.
(B) With
respect to properties in the pilot project established under subdivision
(a)(1) of this section eligible persons, prior to becoming an owner or
operator of an eligible property, the secretary may amend the approved plan
by requiring a one-time corrective action plan adjustment, as deemed
in the public interest by the secretary, which may increase the costs of
completing, provided the adjustments to the corrective action plan shall
increase the costs of completion by no more than 30 percent of the
estimated costs of the original corrective action plan. In this
instance, this amended plan is the plan that must be performed successfully
before obtaining a certificate of completion, unless further amendment is
requested by an eligible person or successor. If the secretary
determines that the corrective action plan and all adjustments to that plan
have been substantially completed and that all fees and costs due under this
section have been paid, the secretary shall issue a certificate of completion.
The certificate of completion shall certify that the work is completed and, in
addition to the requirements under subsection (k) of this section, may include
conditions for operations and monitoring.
(C) With
respect to properties in the pilot project established under subdivision (a)(1)
of this section, notwithstanding Notwithstanding the fact that the
secretary issues a certificate of completion under subsection (k) of this
section, if at any time the secretary finds that a completed corrective action
plan fails to adequately protect human health and the environment and fails to
meet all applicable state brownfields remediation and federal cleanup
standards, the secretary may do any of the following:
(i) exercise
Exercise authority under section 6615 of this title against any liable
person, except the person or the successor of the person that completed the
corrective action plan; and .
(ii) perform
Perform all investigation, abatement, removal, remediation, or
monitoring activities necessary to ensure the property meets the standards.
(6) Upon
approval of a corrective action plan, and any amendments to that plan, the
secretary shall complete and present to the eligible person or successor a
brief document titled, “Notice of approved corrective action plan for
contaminated property.” The document shall summarize the nature of the
contamination identified on the property and the major components of the
corrective action plan, and shall state that the property is subject to the
“Redevelopment of Contaminated Property Program.” If it is possible that
future uses of the property may be restricted, the document shall state that
fact. The document shall include any restrictions on future uses and shall
signify where any approved corrective action plan may be reviewed in its
entirety. The person receiving a notice of approved corrective action plan for
contaminated property shall file it in the land records for the town municipality
in which the property is located.
(i) Performance of the corrective action plan.
(1) The
eligible person or successor shall perform all investigation, abatement, remediation,
removal, and monitoring activities in accordance with the approved corrective
action plan and all amendments to the plan, and with all applicable local,
state, and federal law. The corrective action plan may be amended
during its performance, subject to approval by the secretary. At any time
during the performance of a corrective action plan, except as otherwise
provided in this section with respect to properties participating in the
pilot project created under subsection (a) of this section, the plan may be
amended, as necessary to attain the cleanup levels established in the
corrective action plan.
* * *
(k) Certificate of completion.
(1) After
completion of all of the activities required under the corrective action plan,
the eligible person or successor shall file a completion report with the
secretary. The completion report shall describe the activities performed under
the corrective action plan and any amendments to the plan; describe any
problems encountered; and include a certification by the eligible person or
successor that the activities were performed in accordance with the corrective
action plan. Upon receipt of the completion report, the secretary will
determine if the corrective action plan has been completed and if
additional work is required; except that, in case of a project participating in
the pilot project created under subsection (a) of this section, the secretary
may only determine whether additional work is required in order to complete
the plan. The eligible person or successor shall perform any additional
activities specified by the secretary necessary to complete the corrective
action plan and shall submit a new completion report. Once the secretary
determines that the eligible person or successor has successfully completed the
corrective action plan, and has paid all fees and costs due under this section,
the secretary shall issue a certificate of completion, which shall certify that
the work is completed and shall include a description of any land use
restrictions and any other conditions required by the corrective action plan.
* * *
(l) Program funding.
(1) Creation of fund. There is created a brownfields revitalization fund, which shall be a special fund created under subchapter 5 of chapter 7 of Title 32, to be administered by the secretary of the agency of commerce and community development to aid applicants in the redevelopment of contaminated properties program with the characterization, assessment and remediation of sites. Money received by the secretary of the agency of natural resources for assistance rendered in connection with the program shall be deposited in the redevelopment of contaminated properties account of the environmental contingency fund established in section 1283 of this title.
* * *
(3) Applications for assistance. Program
applicants may apply to the secretary of commerce and community development for
assistance from the brownfields revitalization fund in the form of a grant or
loan to complete characterization, assessment or remediation of a site as
part of a plan approved by the secretary of natural resources under this
program only after receiving approval of an appropriate work plan by the
secretary of natural resources. Approval of work plans shall be contingent on
participation in the Vermont redevelopment of contaminated properties program
unless the project under consideration is determined ineligible for the program
but is otherwise determined appropriate for funding under this subsection.
* * *
(5) Grants.
* * *
(6) Loans.
* * *
(G) Contractual authority; reports
* * *
(ii) Annually, by January 15, the secretary of commerce and community development and VEDA, in consultation with the secretary of natural resources, shall submit a report to members of the joint fiscal committee, the senate committees on economic development, housing, and general affairs and on natural resources and energy, and the house committees on commerce and on natural resources and energy setting out the balance of the fund created under this section, grant and loan awards made to date, funds anticipated to be made available in the coming year, information relating to brownfield remediation activities, including the number, location, and status of brownfield sites, and any other matters of interest.
(iii) All reports generated with the assistance of grants awarded under the brownfields revitalization fund, including site assessments, site investigations, feasibility studies, corrective action plans, and completion reports, shall be provided to the secretary in hard copy and in electronic form.
* * *
(n) The agency of natural resources and the agency of commerce and community development shall jointly develop a state plan for brownfields reclamation that shall include:
(1) An inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment.
(2) Methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the state for a minimum of ten years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses.
Sec. 14. 32 V.S.A. § 10103(b) is amended to read:
(b) The following hazardous wastes are exempt from the tax imposed by subsections (a) and (e) of this section provided that the exemption is noted on a manifest or other report in the manner prescribed by the secretary:
* * *
(5)
hazardous waste generated by a facility onsite, which that is
recycled onsite; or
(6)
hazardous waste which that has been previously taxed in Vermont, provided:
(A) the person shipping the previously taxed waste has not held the waste for more than 180 days; and
(B) if the waste has been mixed, the resulting mixture does not change the applicable U.S. Department of Transportation shipping description from that which applied before the waste was mixed;
(7) hazardous waste shipped in implementing a corrective action plan approved by the secretary of natural resources under 10 V.S.A. § 6615a, the redevelopment of contaminated properties program, provided that the secretary determines that the corrective action plan has been successfully completed and issues a certificate of completion, as provided under that section.
Sec. 15. INSURANCE PRODUCTS FOR CONTAMINATED PROPERTY; REPORT
The secretary of commerce and community development, in cooperation with the commissioner of banking, insurance, securities, and health care administration, with advice from representatives of financial institutions, hazardous materials management specialists, and insurance institutions, shall investigate the availability of various insurance products that would improve the feasibility of brownfields redevelopment projects. On or before January 1, 2005, the secretary shall issue a written report of the findings to the general assembly.
Sec. 16. Sec. 7 of No. 44 of the Acts of 1995, as amended in Sec. 1 of No. 14 of the Acts of 2001, is amended to read:
Sec. 7. APPLICATION DEADLINE
Applications to participate in the program established under 10 V.S.A.
§ 6615a shall not be accepted after July 1, 2006 2008.
(Committee Vote: 4-1-2)
(For House amendments, see House Journal for April 27, 2004, page 992; April 28, 2004, page 1168.)
H. 772
An act relating to executive branch fees.
Reported favorably with recommendation of proposal of amendment by Senator Cummings for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend the bill by as follows:
First: By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:
Sec. 2. 18 V.S.A. § 1904 is amended to read:
§ 1904. APPLICATION, FEE
(a) An application for a license shall be made to the
licensing agency upon forms provided by it and shall contain such information
as the licensing agency reasonably requires. Each application for license shall
be accompanied by a license fee of $10.00 which must be paid annually into
the state treasury. Each application for a temporary hospital license shall
be accompanied by a license fee of $10.00 which shall be paid to the state
treasury.
(b) License fees.
(1) Base fee of $6,421.00 in calendar year 2005; $7,450.00 in 2006; and $7,667.00 in 2007.
(2) Per bed fee of $20.00 for each licensed bed in calendar year 2005; $20.00 in 2006; and $25.00 in 2007.
(3) The base fee for applicants presenting evidence of current accreditation by the Joint Commission on Accreditation of Health Care Organizations shall be reduced by $3,000.00 in 2005; $2,750.00 in 2006; and $2,750.00 in 2007.
(c) Fees collected under this section shall be credited to a special fund established and managed pursuant to subchapter 5 of chapter 7 of Title 32, and shall be available to the department to offset the costs of providing those services.
Second: In Sec. 5, by striking out 26 V.S.A. § 1662(2)(A)(ii) and inserting in lieu thereof the following:
(ii) Each additional renewal $50.00;
Third: In Sec. 6, by striking out 26 V.S.A. § 1740(2) and inserting in lieu thereof the following:
(2) Biennial renewal $75.00 $100.00 with each additional
renewal at $50.00; the board shall use at least $10.00 of this fee to support
the costs of the creation and maintenance of a Vermont practitioner recovery
network which will monitor recovering chemically dependent licensees for the
protection of the public.
Fourth: By striking out Sec. 7 in its entirety and inserting in lieu thereof a new Sec. 7 to read as follows:
Sec. 7. 33 V.S.A. § 1953(a) is amended to read:
§ 1953. HOSPITAL ASSESSMENT
(a) Hospitals shall be subject to an annual assessment as follows:
(1)
Beginning July 1, 2003 2004, each hospital’s annual assessment,
except for hospitals assessed under subdivision (2) of this subsection, shall
be 4.50 4.54 percent of its net patient revenues (less chronic,
skilled, and swing bed revenues) for the most recent completed hospital
fiscal year as determined by the commissioner from the hospital’s financial
reports and other data filed with the department of banking, insurance,
securities, and health care administration before December 1 of the previous
year.
(2)
Beginning April 1, 2003 July 1, 2004, each mental hospital or
psychiatric facility’s annual assessment shall be 3.80 4.21
percent, provided that the United States Department of Health and Human
Services grants a waiver to the uniform assessment rate, pursuant to 42 C.F.R.
§ 433.68(e). If the United States Department of Health and Human Services
fails to grant a waiver, mental hospitals and psychiatric facilities shall be
assessed under subdivision (1) of this subsection.
Fifth: By striking out Sec. 8 in its entirety and inserting in lieu thereof anew Sec. 8 to read as follows:
Sec. 8. 33 V.S.A. § 1954(a) is amended to read:
(a)(1) Beginning July 1, 2003 2004, each nursing
home’s annual assessment shall be $3,388.25 rate per bed licensed
pursuant to section 7105 of this title on June 30 of the immediately preceding
fiscal year shall be $4,000.00 per bed for privately owned nursing homes with
more than 30 licensed beds and $1,900.00 per bed for privately owned nursing
homes with 30 beds or fewer. State‑owned or operated nursing homes shall
be exempt from assessment under this section, provided always that the United
States Department of Health and Human Services grants a waiver to the uniform
assessment rate, pursuant to 42 C.F.R. § 433.68(e).
(2) If the United States Department of Health and Human Services fails to grant a waiver pursuant to 42 C.F.R. § 433.68(e), all licensed nursing home beds shall be taxed at the uniform rate of $3,676.06.
(3) From the beginning of state fiscal year 2000, the The
annual assessment for each bed licensed as of the beginning of the fiscal year
shall be prorated for the number of days during which the bed was actually
licensed and any overpayment shall be refunded to the facility. To receive the
refund, a facility shall notify the commissioner, in writing, of the size of
the decrease in the number of its licensed beds and dates on which the beds
ceased to be licensed.
Sixth: By adding a new section to be numbered Sec. 9a to read as follows:
Sec. 9a. 32 V.S.A. § 1715(a) is amended to read:
(a) Upon payment of a $7.00 $9.50 fee to,
the commissioner of health or upon payment of a $9.50 fee to the
commissioner of buildings and general services, the commissioners shall
provide certified copies of vital records or shall ascertain and certify what
the vital records available to the commissioners show, except that the
commissioners shall not copy the word “illegitimate” from any birth certificate
furnished. The fee for the search of the vital records is $3.00 which is
credited toward the fee for the first certified copy based upon the search. Pursuant
to subdivision 603(2) of this title, these fees may be adjusted.
Seventh: In Sec. 11, by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The senate committee on finance shall review the submissions required by subsection (a) of this section.
Eighth: By striking Sec. 13 in its entirety and inserting in lieu thereof the following:
Sec. 13. 10 V.S.A. § 4254 is amended to read:
§ 4254. FISHING AND HUNTING LICENSES; ELIGIBILITY, DESIGN, DISTRIBUTION, SALE, AND ISSUE
* * *
(h) If the board decides to hold a lottery for the purpose of allocating
permits to hunt or fish, except for a lottery held pursuant to sections 4081 or
4153 of this title or for water fowl hunting permits for specific areas as
defined by the board by rule, the department shall require that each resident
entering the lottery shall submit a nonrefundable fee of $10.00 and each
nonresident entering the lottery shall submit a nonrefundable fee of $25.00
$50.00 with each application. Proceeds from the sale of applications
shall be deposited into the fish and wildlife fund.
(i) If the board establishes a moose hunting season, up to five moose permits shall be set aside to be auctioned. The board shall adopt rules necessary for the department to establish, implement, and run the auction process. Proceeds for the auction shall be deposited in the fish and wildlife fund and used for conservation education programs run by the department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit. Beginning with the 2006 hunting season, the five moose permits set aside for auction shall be in addition to the number of annual moose permits authorized by the board.
Ninth: In Sec. 14, by striking out 10 V.S.A. § 4255(b)(6)(F) in its entirety and inserting in lieu thereof the following:
(F) moose license $350.00
Tenth: By adding a new section to be numbered Sec. 15a to read as follows:
Sec. 15a. 10 V.S.A. § 4705 is amended to read:
§ 4705. SHOOTING FROM MOTOR VEHICLES OR AIRCRAFT; PERMIT
* * *
(g) A person who violates this section shall be fined not less than
$25.00 nor more than $50.00.
Eleventh: In Sec. 19, by striking 3 V.S.A. § 2822(j)(2)(A)(iii)(III) in its entirety and inserting in lieu thereof the following:
(III) Individual permit or application to $300.00 per
operate under general permit for project for
construction activities; original application; construction
amendment for increased acreage. projects five
acres or greater in
size; $55.00 per
project for
construction
projects between
one and five
acres in size.
Twelfth: In Sec. 19, by striking out 3 V.S.A. § 2822(j)(4)(B)(i) in its entirety and inserting in lieu thereof the following:
(i) Original application or major $0.50 per gallon of
amendment when both potable water daily design flow of
and wastewater are being constructed. potable water
New or replacement systems. or wastewater,
whichever is
greater. Minimum
per application
$210.00.
Maximum per
application
$15,000.00.
Thirteenth: In Sec. 19, by striking 3 V.S.A. § 2822(j)(7)(D)(iii) in its entirety and inserting in lieu thereof the following:
(iii) Community: $0.0267
$0.0295 per
1,000 gallons
of water produced
annually for
fiscal year 2005;
$0.0325 per 1,000
gallons of water
produced annually
for fiscal year
2006; and $0.0359
per 1,000 gallons
of water produced
annually for
fiscal year
2007 and thereafter.
Fourteenth: In Sec. 19, by striking out 3 V.S.A. § 2822(j)(9) in its entirety and inserting in lieu thereof the following:
(9) For waste hauler permits issued under 10 V.S.A. § 6607a: $20.00
$40.00 per vehicle used, by the commercial hauler that is permitted, for
transporting waste. This fee shall be submitted with the permit application
and each year thereafter for the duration of the permit, at the time of the
filing of the annual statement required by 10 V.S.A. § 6605f(m).
Fifteenth: In Sec. 19, by striking out 3 V.S.A. § 2822(j)(27) in its entirety and inserting in lieu thereof the following:
(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:
(A) annual approval for a resident $25.00
(B) annual approval for a nonresident $50.00.
Sixteenth: By striking out Secs. 28, 29, and 30 in their entirety and inserting in lieu thereof new Secs. 28 through 45 to read as follows:
Sec. 28. TEMPORARY MORATORIUM ON FEES AND TAXES FOR MINING WASTE FACILITIES
(a) A solid waste treatment, storage, transfer, or disposal facility certified under section 6605 of Title 10 solely for solid waste resulting from mining, extraction, or mineral processing shall not be subject to the franchise tax on waste facilities under section 5952 of Title 32 for the portion of the tax that could be assessed on the earth material portion of any waste resulting from mining, extraction, or mineral processing operations for any period of time before July 1, 2005.
(b) A solid waste treatment, storage, or disposal facility certified under section 6605 of Title 10 solely for solid waste resulting from mining, extraction, or mineral processing shall not be liable for the portion of the fee required by subdivisions 2822(j)(6)(A) and (C) of Title 3 that could be assessed on the earth material portion of any waste resulting from mining, extraction, or mineral processing operations for any period of time before July 1, 2005.
(c) By May 1, 2005, the secretary of natural resources shall notify the senate committee on natural resources, the house committee on natural resources, the senate committee on finance, and the house committee on ways and means of the secretary’s application of the franchise tax on waste facilities under section 5952 of Title 32 and the fee required by subdivision 2822(j)(6)(A) of Title 3 to a solid waste treatment, storage, or disposal facility certified under section 6605 of Title 10 solely for solid waste resulting from mining, extraction, or mineral processing.
(d) If, under subsection (c) of this section, the secretary of natural resources notifies the general assembly that the franchise tax on waste facilities under section 5952 of Title 32 and the fee required by subdivision 2822(j)(6)(A) of Title 3 apply to a solid waste treatment, storage, or disposal facility certified under section 6605 of Title 10 solely for solid waste resulting from mining, extraction, or mineral processing, the secretary shall apply the tax and fee beginning July 1, 2005, and shall not apply the tax or fee retroactively to the earth material of any waste resulting from mining, extraction, or mineral processing operations.
(e) Nothing in this section shall be construed to relieve a person from complying with the requirements of section 6605 of Title 10 or any other applicable law.
Sec. 29. ACCESS TO JUSTICE FUND
(a) There is created a fund to be known as the access to justice fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32. The fund is created for the purpose of providing compensation to attorneys that volunteer to represent low income litigants, including children, who, in the judgment of the chief administrative judge, have a compelling need for representation and where such representation will advance the interests of justice. All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the fund shall be deposited into the fund. The fund shall be administered by the supreme court. The supreme court by rule shall establish procedures for disbursements from the fund.
(b) The access to justice fund shall consist of fees imposed on any lawyer who is not admitted to practice in the state of Vermont and who files a motion to appear by consent of the court for a specific proceeding pursuant to V.R.C.P. 79.1(e) or V.R.Cr.P. 44.2. The fee to appear by consent of the court shall be $150.00, and it shall be collected by the clerk of the court in which the lawyer appears.
Sec. 30. 32 V.S.A. § 1431(h) is added to read:
(h) Prior to the entry of any motion by an attorney not admitted to practice in Vermont to appear in an action in the supreme court or the superior, environmental, or district court, there shall be paid to the clerk of the court a fee of $150.00 to be deposited into the access to justice fund.
Sec. 31. 32 V.S.A. § 1712 is amended to read:
§ 1712. TOWN CLERKS
Town clerks shall receive the following fees in the matter of vital registration:
(1)
For issuing and recording a marriage or civil union license, $23.00 $45.00
to be paid by the applicant, $8.00 of which sum shall be retained by the town
clerk as a fee and, $15.00 of which sum shall be paid by the town
clerk to the state treasurer in a return filed quarterly upon forms furnished
by the state treasurer and specifying all fees received by him or her during
the quarter, and $22.00 of which sum shall be paid by the town clerk to the
crime victims’ compensation special fund under section 5359 of Title 13 for
payment to the Vermont network against domestic violence and sexual assault.
Such The quarterly period for payment to the state treasurer
under this subdivision shall be as of the first day of January, April, July,
and October.
* * *
Sec. 32. 32 V.S.A. § 1751(b) is amended to read:
(b) Whenever probate, district, environmental, family, or superior court officers and employees or officers and employees of the judicial bureau furnish copies or certified copies of records, the following fees shall be collected for the benefit of the state:
* * *
However, the fees provided for in this subsection shall not be assessed
by these officers and employees in furnishing copies or certified copies of
records to any state agency of any municipality, state, or federal
government or to veterans honorably discharged from the armed forces of the
United States, their dependents or beneficiaries, in the prosecution of any
claim for benefits from the United States government, or any state agency.
Sec. 33. 32 V.S.A. § 5404a(a) is amended to read:
(a) Tax agreements and exemptions affecting the education property tax grand list. A tax agreement or exemption shall affect the education property tax grand list of the municipality in which the property subject to the agreement is located if the agreement or exemption is:
* * *
(6) an
exemption of a portion of the value of a qualified rental unit building parcel.
An owner of a qualified rental unit building parcel shall be
entitled to an exemption on the education property tax grand list of 10 percent
of the grand list value of the building parcel, multiplied by the
ratio of square footage of improvements used for or related to residential
rental purposes to total square footage of all improvements, multiplied by the ratio
of qualified rental units to total residential rental units in the
building on the parcel. “Qualified rental unit building units”
means a building containing residential rental units which are
subject to rent restriction under provisions of state or federal law, but
excluding units subject to rent restrictions under only one of the following
programs: Section 8 moderate rehabilitation, Section 8 housing choice
vouchers, or Section 236 or Section 515 rural development rental housing. A
municipality shall allow the percentage exemption under this subsection upon
presentation by the taxpayer to the municipality, by April 1, of a
certificate of education grand list value exemption, obtained from the Vermont
Housing Finance Agency (VHFA). VHFA shall issue a certificate of exemption upon
presentation by the taxpayer of information which VHFA and the commissioner
shall require. An exemption granted by a municipality under this subsection
shall expire upon transfer of the building, upon expiration of the rent
restriction, or after ten years, whichever first occurs.
Sec. 34. INCOME METHOD APPRAISALS AND AFFORDABLE HOUSING CREDITS
In applying the income method of valuation for appraisal under section 3481 of Title 32, the value of income tax credits allowable under Section 42 of the Internal Revenue Code or section 5930u of Title 32 shall be disregarded; except that this rule shall not apply to appraisal of property which is the subject of a determination In Re: Appeal of Manchester Knoll Housing Limited Partnership.
Sec. 35. STUDY
The Division of Property Valuation and Review, in consultation with Vermont League of Cities and Towns, Vermont Assessors and Listers Association, Vermont Housing Finance Agency, Housing Vermont, and Vermont Housing Conservation Trust Fund, shall consider the advisability of including the value of affordable housing tax credits under Section 42 of the Internal Revenue Code or section 5930u of Title 32 in an income-method appraisal, in light of judicial opinions in Vermont and other states on this issue; and shall report its findings and recommendations to the general assembly by January 15, 2005.
Sec. 36. RADIATION CONTROL
The agency of human services, after consultation with the Vermont Medical Practice Board, the Vermont State Dental Society, the Vermont Association of Hospitals and Health Systems, the Vermont Chiropractic Association, the Vermont Veterinary Medical Association, and other interested parties, shall report to the general assembly by January 15, 2005, its findings and recommendations for a statewide x-ray equipment registration program.
Sec. 37. 20 V.S.A. § 3581(c) is amended to read:
(c) A
license fee surcharge of up to $10.00 per license may be implemented by the
legislative body of a city, town or village which has established an animal and
rabies control program for the sole purpose of funding the program. This
surcharge shall not be considered to be a part of the license fee for purposes
of calculating a penalty for late payment.
(1) A mandatory license fee surcharge of $2.00 per license shall be collected by each city, town or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in subchapter 6 of chapter 193 of this title.
(2) An optional license fee surcharge of up to $10.00 per license is to be implemented by the legislative body of a city, town, or village which has established an animal and rabies control program for the sole purpose of funding the rabies control program.
(3) The license fee surcharges in this subsection shall not be considered part of the license fee for purposes of calculating a penalty for late payment.
Sec. 38. 20 V.S.A. § 3581(e) is amended to read:
(e) For the purposes of licensing a dog or wolf-hybrid, a current vaccination against rabies means that:
(1) a dog or wolf-hybrid of less than one year of age has been vaccinated;
(2) a dog
or wolf-hybrid of one or more years but less than two three years
of age has been vaccinated within the preceding 12 24 months; and
(3) a dog
or wolf-hybrid of two three or more years has been vaccinated
within the preceding 24 36 months.
Sec. 39. 20 V.S.A. chapter 193, subchapter 6 is added to read:
Subchapter 6. Dog, Cat, and Wolf-Hybrid Spaying
and Neutering Program and Fund
§ 3814. FINDINGS
The general assembly finds:
(1) The supply of dogs, cats, and wolf-hybrids in Vermont is a major concern.
(2) There are insufficient resources in this state to care for or provide homes for these animals.
(3) Many of these animals are ultimately euthanized or become victims of accidents, starvation, or disease.
(4) Pet owners who have limited economic resources have great difficulty affording the cost of professional spaying and neutering services.
§ 3815. DOG, CAT, AND WOLF-HYBRID SPAYING AND NEUTERING PROGRAM
(a) The agency of agriculture, food and markets shall contract with a qualified organization to establish a program providing reduced-cost spaying and neutering services of dogs, cats, and wolf-hybrids for individuals whose family income does not exceed 200 percent of the federal poverty guidelines.
(b) The contractor may enter into subcontracts with other qualified organizations to facilitate access to the program’s services on a statewide basis.
(c) The agency may lower the maximum income eligibility level for the owners of dogs, cats, and wolf-hybrids to participate in the program depending on the availability of funds in the animal spaying and neutering fund established in section 3816 of this title.
(d) The program shall reimburse veterinarians who voluntarily consent to spay or neuter dogs, cats, and wolf-hybrids under the auspices of the program up to 80 percent of a standard fee which the contracted program administrator shall determine after a review of standard veterinarian fees for these services. The reimbursement shall be less payment by the owner of a dog, cat, or wolf‑hybrid of a $10.00 co‑payment for the cost of each spaying or neutering procedure.
§ 3816. ANIMAL SPAYING AND NEUTERING FUND; CREATION
(a) There is created, pursuant to subchapter 5 of chapter 7 of Title 32, in the agency of agriculture, food and markets, the dog, cat, and wolf-hybrid spaying and neutering special fund to finance the costs of the dog, cat, and wolf-hybrid spaying and neutering program established in section 3815 of this title.
(b) Revenue for the fund shall be derived from:
(1) The $2.00 surcharge payment paid to a municipality pursuant to subdivision 3581(c)(1) of this title.
(2) Gifts from private donors.
(3) Any appropriation which the general assembly makes to the fund.
(c) Interest earned on the fund shall be retained in the fund.
(d) The agency may offset the cost of administering the dog, cat and wolf‑hybrid spaying and neutering program from the fund created in subsection (a) of this section in accordance with the provisions of section 10 of Title 6.
§ 3817. RULES ADOPTION AUTHORITY
The agency of agriculture, food and markets may adopt rules to implement this subchapter.
Sec. 40. 8 V.S.A. § 3681(5) is amended to read:
(5) “Insurer” means a company qualified and licensed to transact the business of insurance in this state and shall include a health maintenance organization, a nonprofit hospital service corporation, and a nonprofit medical service corporation, except that it shall not include:
(A) agencies, authorities, or
instrumentalities of the United States, its possessions and territories, the
Commonwealth of Puerto Rico, the District of Columbia, or a state or political
subdivision of a state,; or
(B) fraternal benefit societies, or
(C) nonprofit medical and hospital
service associations.
Sec. 41. 8 V.S.A. § 4523 is amended to read:
§ 4523. CHANGE IN CONTROL; MATERIAL TRANSACTIONS;
REDOMESTICATION; HOLDING COMPANY REPORTING REQUIREMENTS; ESTABLISHMENT
OR ACQUISITION OF CONTROL OF INSURANCE COMPANY SUBSIDIARY
(a)(1) No corporation permitted to engage in business under this chapter shall merge or consolidate with, sell, transfer or exchange more than a 10 percent interest in the corporation or its assets to, or sell, transfer or exchange more than 10 percent of its subscribers to, or otherwise transfer or commit more than a 10 percent interest in itself to, any other person, whether accomplished through one transaction or a series of transactions, without the commissioner’s prior written approval.
(2) No corporation permitted to engage in business under this chapter shall transfer its domicile to any other state or jurisdiction without the prior written approval of the commissioner.
(3) A corporation permitted to engage in business under this chapter shall obtain the commissioner’s written approval prior to establishing or acquiring control of a for profit or not for profit entity that is authorized to engage in the business of insurance under chapter 101 or 139 of this title or the insurance law of any other United States jurisdiction. For purposes of this subdivision, control shall have the same meaning as in subdivision 3681(3) of this title. In addition to any other investment limitations established pursuant to this title, investments in entities authorized to engage in the business of insurance under chapter 101 or 139 of this title or the insurance law of any other United States jurisdiction shall be limited to 25% of total assets of the nonprofit hospital services corporation in the aggregate; provided however, that this limitation shall exclude investments in existence on May 1, 2004.
(b) A corporation shall make application
to the commissioner for approval of any transaction set forth in subsection (a)
of this section describing in detail the proposed transaction and identifying
the parties involved. The commissioner may require the filing of additional
information as the commissioner finds necessary or appropriate for the full
consideration of the application. The applicant shall establish to the
commissioner’s satisfaction that the transaction meets the general good of the
state. The To the extent applicable in the circumstances, the
commissioner shall consider, but is not limited to, the following factors in
the general good determination:
(1) whether, after the transaction, the corporation continues to satisfy the requirements for a permit to do business under this chapter;
(2) whether the effect of the transaction would be to substantially lessen competition in health insurance in this state or tend to create a monopoly therein;
(3) whether the financial condition of any acquiring or acquired party is such as might jeopardize the financial stability of the corporation, or prejudice the interest of its subscribers;
(4) whether the transaction contemplates the liquidation of the corporation or any other material change in its business or corporate structure or management, that would be unfair or unreasonable to its subscribers or not in the public interest;
(5) whether the competence, experience,
and integrity of those persons who would control the operation of the corporation
new entity or the acquiring or acquired party are such that it would not
be in the interest of the public to permit the transaction;
(6) whether the transaction will promote cost effective, high quality health care in the state; and
(7) such other factors as the commissioner deems relevant to the transaction.
(c) The commissioner shall investigate and hold at least one public hearing on the application. The public hearing shall be held within 30 days of the filing of a complete application with the commissioner, and at least 20 days’ notice thereof shall be given by the commissioner to the person filing the application and the office of the attorney general. The applicant shall give seven days’ notice to any person as ordered by the commissioner. The commissioner may order such public notice as may be deemed necessary for full consideration of the transaction. The commissioner shall make a determination within 30 days after the conclusion of such hearing. If a determination of general good is made, the commissioner shall give the corporation a certificate to that effect. In the event of conflict between the provisions of section 3305 or 3683 of this title and the provisions of this section, the provisions of this section shall control.
(d)(e) Any corporation
permitted to engage in business under this chapter may, upon the approval of
the commissioner under subsections (a) and (b) of this section, and in
compliance with such conditions as may be imposed by the commissioner, transfer
its domicile, in accordance with the laws thereof, to any other state or
jurisdiction, and upon such a transfer shall cease to be a domestic corporation
and its corporate or other legal existence in this state shall cease upon the
filing of proof of such redomestication with the secretary of state and upon
payment to the secretary of state of a filing fee in the amount of $100.00. Such
corporation shall be permitted to do business in this state under this chapter
as a foreign corporation, upon compliance with the qualification requirements
for foreign corporations under section 4520 of this title. The commissioner may
require any corporation redomesticating under this section to form an
adequately capitalized affiliate or subsidiary corporation under this chapter,
whenever the commissioner determines that such a requirement is in the best
interests of members or subscribers and will promote the general good of the
state.
(e) A corporation permitted to do
business under this chapter shall comply with the standards and reporting
requirements set forth in sections 3684 and 3685 of this title.
(f) A for‑profit or not‑for‑profit entity established or acquired with the commissioner’s approval granted under this section shall be governed by the provisions of chapter 101 or 139 of this title, as applicable, and not the provisions of this chapter, other than this section.
(g) Nothing in this section shall be construed to limit the application of Title 11B to any transaction reviewable under this section.
(h) Any application filed with the commissioner under this section shall be accompanied by a fee of $10.00.
Sec. 42. 8 V.S.A. § 4595 is amended to read:
§ 4595. CHANGE IN CONTROL; MATERIAL
TRANSACTIONS; REDOMESTICATION; HOLDING COMPANY REPORTING REQUIREMENTS;
ESTABLISHMENT OR ACQUISITION OF CONTROL OF INSURANCE COMPANY SUBSIDIARY
(a)(1) No corporation permitted to engage in business under this chapter shall merge or consolidate with, sell, transfer or exchange more than a 10 percent interest in the corporation or its assets to, or sell, transfer or exchange more than 10 percent of its subscribers to, or otherwise transfer or commit more than a 10 percent interest in itself to, any other person, whether accomplished through one transaction or a series of transactions, without the commissioner’s prior written approval.
(2) No corporation permitted to engage in business under this chapter shall transfer its domicile to any other state or jurisdiction without the prior written approval of the commissioner.
(3) A corporation permitted to engage in business under this chapter shall obtain the commissioner’s written approval prior to establishing or acquiring control of a for profit or not for profit entity that is authorized to engage in the business of insurance under chapter 101 or chapter 139 of this title or the insurance law of any other U.S. jurisdiction. For purposes of this subdivision, control shall have the same meaning as in subsection 3681 (3) of this title. In addition to any other investment limitations established pursuant to this title, investments in entities authorized to engage in the business of insurance under chapter 101 or 139 of this title or the insurance law of any other United States jurisdiction shall be limited to 25% of total assets of the nonprofit medical services corporation in the aggregate; provided however, that this limitation shall exclude investments in existence on May 1, 2004.
(b) A corporation shall make application
to the commissioner for approval of any transaction set forth in subsection (a)
of this section describing in detail the proposed transaction and identifying
the parties involved. The commissioner may require the filing of additional
information as the commissioner finds necessary or appropriate for the full
consideration of the application. The applicant shall establish to the
commissioner’s satisfaction that the transaction meets the general good of the
state. The To the extent applicable in the circumstances, the
commissioner shall consider, but is not limited to, the following factors in
the general good determination:
(1) whether, after the transaction, the corporation continues to satisfy the requirements for a permit to do business under this chapter;
(2) whether the effect of the transaction would be to substantially lessen competition in health insurance in this state or tend to create a monopoly therein;
(3) whether the financial condition of any acquiring or acquired party is such as might jeopardize the financial stability of the corporation, or prejudice the interest of its subscribers;
(4) whether the transaction contemplates the liquidation of the corporation or any other material change in its business or corporate structure or management, that would be unfair or unreasonable to its subscribers or not in the public interest;
(5) whether the competence, experience
and integrity of those persons who would control the operation of the corporation
new entity, or the acquiring or acquired party are such that it would
not be in the interest of the public to permit the transaction;
(6) whether the transaction will promote cost effective, high quality health care in the state; and
(7) such other factors as the commissioner deems relevant to the transaction.
(c) The commissioner shall investigate and hold at least one public hearing on the application. The public hearing shall be held within 30 days of the filing of a complete application with the commissioner, and at least 20 days’ notice thereof shall be given by the commissioner to the person filing the application and the office of the attorney general. The applicant shall give seven days’ notice to any person as ordered by the commissioner. The commissioner may order such public notice as may be deemed necessary for full consideration of the transaction. The commissioner shall make a determination within 30 days after the conclusion of such hearing. If a determination of general good is made, the commissioner shall give the corporation a certificate to that effect. In the event of conflict between the provisions of section 3305 or section 3683 of this title and the provisions of this section, the provisions of this section shall control.
(c)(d) The commissioner may
consider the review or portion of a review of the transaction by the insurance
department of another state, district or territory of the United States, if the
commissioner finds that the review or portion of review conducted by the other
jurisdiction is substantially similar in nature and scope as a review or portion
of review under this section.
(d)(e) Any corporation
permitted to engage in business under this chapter may, upon the approval of
the commissioner under subsections (a) and (b) of this section, and in
compliance with such conditions as may be imposed by the commissioner, transfer
its domicile, in accordance with the laws thereof, to any other state or
jurisdiction, and upon such a transfer, it shall cease to be a domestic
corporation and its corporate or other legal existence in this state shall cease
upon the filing of proof of such redomestication with the secretary of state
and upon payment to the secretary of state of a filing fee in the amount of
$100.00. Such corporation shall be permitted to do business in this state under
this chapter as a foreign corporation, upon compliance with the qualification
requirements for foreign corporations under section 4593 of this title. The
commissioner may require any corporation redomesticating under this section to
form an adequately capitalized affiliate or subsidiary corporation under this
chapter, whenever the commissioner determines that such a requirement is in the
best interests of members or subscribers and will promote the general good of
the state.
(e) A corporation permitted to do
business under this chapter shall comply with the standards and reporting
requirements set forth in sections 3684 and 3685 of this title. (f) A
for profit or not for profit entity established or acquired with the
commissioner’s approval granted under this section shall be governed by the
provisions of chapter 101 or chapter 139 of this title, as applicable, and not
the provisions of this chapter, other than this section.
(f)(g) Nothing in this
section shall be construed to limit the application of Title 11B to any transaction
reviewable under this section.
(h) Any application filed with the commissioner under this section shall be accompanied by a fee of $10.00.
Sec. 43. 8 V.S.A. § 3463(a) is amended to read:
(a) Subject to the provisions of sections 3461a, 3461b and 3461c of this title, a domestic insurer, including a hospital service corporation established or licensed under the provisions of chapter 123 of this title and a medical service corporation established or licensed under the provisions of chapter 125 of this title, may prudently invest its assets in any of the following:
Sec. 44. 8 V.S.A. § 3465(b) is amended to read:
(b) No investment limitation contained in
this chapter shall prohibit an insurer from investing in or acquiring
securities or other properties of another insurance company in connection with
a lawful agreement of bulk reinsurance, merger, consolidation, sale of assets,
or acquisition of a subsidiary under subchapter 3 13 of this
chapter.
Sec. 45. EFFECTIVE DATES; REPEALS
(a) Sec. 3 (podiatrist fees; licenses) of this act shall be repealed on June 30, 2006, and Sec. 3a (podiatrist fees; licenses) shall take effect July 1, 2006.
(b) Sec. 4 (physicians’ fees; licenses) shall be repealed on June 30, 2006, and Sec. 4a (physicians’ fees; licenses) shall take effect July 1, 2006.
(c) Sec. 10 (general duties of commissioner of department of fish and wildlife; fees) shall take effect January 1, 2006.
(d) Sec. 13, 10 V.S.A. § 4254(h) (hunting lottery) shall take effect January 1, 2005 and (i) (moose auction) shall take effect November 1, 2004.
(e) Sec. 14 (fishing and hunting license fees) shall take effect January 1, 2005.
(f) This subsection and Sec. 28 (moratorium on fees and taxes for mining waste facilities) shall take effect upon passage and shall be repealed on June 30, 2005. Sec. 28(a) does not prohibit the assessment and payment of any solid waste franchise tax that may accrue after July 1, 2005 for mining, extraction, and mineral processing waste. Sec. 28(b) does not prohibit the assessment and payment of any fee that may accrue after July 1, 2005 for multiyear permits applied for during the moratorium.
(g) Sec. 34 of this act (qualified rental unit education tax exemption) shall be effective retroactively from January 1, 2004.
(h) Sec. 35 of this act (disregard of affordable housing credits in appraisal value) shall be effective for appraisals relating to grand lists before April 1, 2005.
(i) This subsection and Secs. 40-44 of this act (health subsidiaries) shall take effect from passage, and any investment in a subsidiary existing on the effective date of this act shall be treated as if sections 3463 and 3681 of Title 8 as amended by this act were the law in effect at the time of the acquisition of such investment.
(Committee Vote: 4-1-2)
(For House amendments, see House Journal for April 27, 2004, page 992; April 28, 2004, page 1168.)
House Proposal of Amendment
S. 75
An act relating to decedents’ estates.
The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 14 V.S.A. § 1205 is amended to read:
§ 1205. CLASSIFICATION OF CLAIMS
(a) If the applicable assets of the estate are insufficient to pay all claims in full, the executor or administrator shall make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral, burial, and headstone expenses, and
perpetual care, not to exceed $1,000.00 $2,500.00 exclusive of
governmental payments, and reasonable and necessary medical and hospital
expenses of the last illness of the decedent, including compensation of persons
attending him or her;
* * *
Sec. 2. 18 V.S.A. § 5205(g) is added to read:
(g) When a person who is committed to the custody of the department of corrections or who is under the supervision of the department of corrections dies:
(1) The department of corrections may request to be provided with a copy of any and all reports generated pursuant to this section. The request shall be granted for good cause shown.
(2) The office of the defender general may request to be provided with a copy of any and all reports generated pursuant to this section. The request shall be granted for good cause shown.
Sec. 3. EFFECTIVE DATE
This act shall take effect upon passage.
Report of Committee of Conference
S. 100
An act relating to humane and proper treatment of animals.
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:
H. 100. An act relating to humane and proper treatment of animals.
Respectfully report that they have met and considered the same and recommend that the House recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 13 V.S.A. § 351 is amended to read:
§ 351. DEFINITIONS
As used in this chapter:
* * *
(15) “Living space” means any cage, crate, or other structure used to confine an animal that serves as its principal, primary housing. Living space does not include a structure, such as a doghouse, in which an animal is not confined, or a cage, crate, or other structure in which the animal is temporarily confined.
(16) “Adequate food” means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding food is in accordance with accepted agricultural or veterinarian practices.
(17) “Adequate water” means fresh, potable water provided at suitable intervals for the species, and which, in no event, shall exceed 24 hours at any interval. The animal must have access to the water.
(18) “Adequate shelter” means shelter which protects the animal from injury and environmental hazards.
Sec. 2. 13 V.S.A. § 352 is amended to read:
§ 352. CRUELTY TO ANIMALS
A person commits the crime of cruelty to animals if the person:
* * *
(2) overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or exposes a poison with intent that it be taken by an animal;
* * *
(4) deprives an animal which a person owns, possesses or acts as an
agent for, of adequate food, water, shelter, rest or, sanitation,
or necessary medical attention, or transports an animal in overcrowded
vehicles;
* * *
Sec. 3. 13 V.S.A. § 352a is amended to read:
§ 352a. AGGRAVATED CRUELTY TO ANIMALS
A person commits the crime of aggravated cruelty to animals if the person:
(1) intentionally kills an animal by means intentionally
causing the animal undue pain or suffering; or
(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal.
Sec. 4. 13 V.S.A. § 353 is amended to read:
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION
* * *
(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:
* * *
(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant’s residence. If a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court may order the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.
* * *
Sec. 5. 13 V.S.A. § 354 is amended to read:
§ 354. ENFORCEMENT; POSSESSION OF ABUSED ANIMAL; SEARCHES AND SEIZURES; FORFEITURE
* * *
(d) If an
animal is seized under this section, the state may file a motion in the
criminal action for an order requiring the defendant to forfeit any and all
rights in the animal prior to final disposition of the criminal charge institute
a civil proceeding for forfeiture of the animal in the territorial unit of the
district court where the offense is alleged to have occurred. The proceeding
shall be instituted by a motion for forfeiture, which shall be filed with the
court and served upon the animal’s owner.
(e) Upon
the filing of a motion under subsection (d) of this section, the The
court shall set a hearing to be held as soon as practicable within 21
days after institution of a forfeiture proceeding under this section.
Time limits under this subsection shall not be construed as jurisdictional.
(f) At the
hearing on the motion for forfeiture, the state shall have the burden of
establishing by clear and convincing evidence that the animal was subjected to
cruelty, neglect or abandonment in violation of section 352 or 352a of
this title. The court shall make findings of fact and conclusions of law and
shall issue a final order. If the state meets its burden of proof, the motion
shall be granted and the court shall order the immediate forfeiture of the
animal in accordance with the provisions of subsection 353(c) of this title. If
the defendant, within 48 hours after the hearing, posts a security deposit in
an amount of $30.00 per animal, the animal shall remain in custodial care until
final disposition of the criminal charges. After 30 days, the defendant shall
post an additional security deposit in the amount of $30.00 per animal until
resolution of the criminal charges. If the defendant fails to post the
required security deposit, the court, upon motion by the state, shall order
immediate forfeiture of any unsecured animals, unless such deposit requirement
is waived by the court for good cause shown.
(g)(1) If the defendant is convicted of criminal charges under this chapter or if an order of forfeiture is entered against an owner under this section, the defendant or owner shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses.
(2)(A) If the defendant is acquitted of criminal charges under this chapter and a civil forfeiture proceeding under this section is not pending, an animal that has been taken into custodial care shall be returned to the defendant unless the state institutes a civil forfeiture proceeding under this section within seven days of the acquittal.
(B) If the court rules in favor of the owner in a civil forfeiture proceeding under this section and criminal charges against the owner under this chapter are not pending, an animal that has been taken into custodial care shall be returned to the owner unless the state files criminal charges under this section within seven days after the entry of final judgment.
(C) If an animal is returned to a defendant or owner under this subdivision, the defendant or owner shall not be responsible for the costs of caring for the animal.
(h) If
the defendant has posted a security deposit in accordance with subsection (e)
of this section and is subsequently acquitted of charges of violating the
provisions of this chapter, the agency or person with whom the security deposit
was posted shall return the security deposit to the defendant, less the reasonable
cost of caring for the animal An order of the district court under this
section may be appealed as a matter of right to the supreme court. The order
shall not be stayed pending appeal.
(i) The provisions of this section are in addition to and not in lieu of the provisions of section 353 of this title.
(j) It is
unlawful for a person to interfere with a humane officer or the commissioner of
agriculture, food and markets engaged in official duties under this chapter. A
person who violates this subsection shall be prosecuted under section 3001 of Title
13 this title.
Sec. 6. 13 V.S.A. § 362 is amended to read:
§ 362. EXPOSING POISON ON THE LAND
A person who deposits any poison or substance poisonous to animals on his
or her premises or on the premise or buildings of another, with the intent that
it be taken by an animal, shall be in violation of subdivision 352(a)(2)
352(2) of this title. This section shall not apply to control of wild
pests, protection of crops from insects, mice, and plant diseases, or
the department of fish and wildlife and employees and agents of the state
forest service in control of destructive wild animals.
Sec. 7. 13 V.S.A. § 363 is amended to read:
§ 363. SHOOTING BIRDS FOR AMUSEMENT
Except for the taking of game pursuant to Title 10, any person who keeps
or uses any live bird for release to be shot for amusement or as a test of
marksmanship or provides buildings, sheds, yards, rooms, fields, or
other areas to be used for such shooting purposes, shall be in violation of subdivision
352(a)(1) 352(1) of this title.
Sec. 8. 13 V.S.A. § 365 is amended to read:
§ 365. SHELTER OF ANIMALS
(a) All livestock and animals which are to be predominantly maintained
out-of-doors must be provided with adequate shelter to prevent direct exposure to the elements.
* * *
(c)(1) A dog, whether chained or penned, shall be provided
living space no less than three feet by four feet for 25 pound and smaller
dogs, four feet by four feet for 35 26-35 pound dogs and,
four feet by five feet for 50 36-50 pound dogs, five feet by
five feet for 51-99 pound dogs, and six feet by five feet for 100 pound and
larger dogs.
(2) The specifications required by subdivision (c)(1) of this section shall apply to each dog, regardless of whether the dog is housed individually or with other animals.
(d) A dog or cat confined in a living space shall be permitted outside the cage, crate, or structure for an opportunity of at least one hour of daily exercise, unless otherwise modified or restricted by a licensed veterinarian. Separate space for exercise is not required if an animal’s living space is at least three times larger than the minimum requirements set forth in subdivision (c)(1) of this section.
(d)(e) A dog maintained out-of-doors must be provided with
suitable housing that assures that the dog is protected from wind and
draft, and from excessive sun, rain, and other environmental hazards
throughout the year.
(f) A dog chained to a shelter must be on a tether chain at least
twice four times the length of the dog as measured from the
tip of its nose to the base of its tail, and shall allow the dog access to the
shelter.
(g) A cat, over the age of two months, shall be provided minimum living space of nine square feet, provided the primary structure shall be constructed and maintained so as to provide sufficient space to allow the cat to turn about freely, stand, sit, and lie down. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each cat regardless of whether the cat is housed individually or with other animals.
(e)(h) Notwithstanding the provisions of this section,
animals may be temporarily confined in spaces a space sufficient
for them to stand and turn about freely, provided that they are exercised in
accordance with accepted agricultural or veterinarian practices, and are
provided sufficient food, water, shelter, and proper ventilation.
(f)(i) Failure to comply with this section shall be a
violation of subdivisions 352(a)(3) or (4) subdivision 352(3)
or (4) of this title.
(j) Notwithstanding the provisions of this section, an animal may be sheltered, chained, confined, or maintained out-of-doors if doing so is directed by a licensed veterinarian or is in accordance with accepted agricultural or veterinarian practices.
Sec. 9. 13 V.S.A. § 381 is amended to read:
§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING
* * *
(b) Violation of the 28-hour rule of this section is a violation of
subdivision 352(a)(4) 352(4) of this title.
Sec. 10. 13 V.S.A. § 382 is amended to read:
§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING
* * *
(b) A person who violates a provision of this section shall be in
violation of subdivision 352(a)(4) 352(4) of this title.
Sec. 11. 13 V.S.A. § 383 is amended to read:
§ 383. SHIPPING OF ANIMALS
* * *
(b) Failure to provide such separation shall be a violation of
subdivisions 352(a)(3) and (4) 352(3) and (4) of this title.
Sec. 12. 13 V.S.A. § 386 is amended to read:
§ 386. CONFINEMENT OF ANIMALS IN VEHICLES
* * *
(c) Failure to comply with subsection (a) of this section is a violation
of subdivision 352(a)(3) 352(3) of this title.
Sec. 13. 13 V.S.A. § 387 is amended to read:
§ 387. TRANSPORTATION OF HORSES; VEHICLES
* * *
(d) Failure to comply with this section, or the rules established
thereunder, is a violation of subdivision 352(a)(3) 352(3) of
this title.
Sec. 14. 13 V.S.A. § 399 is amended to read:
§ 399. ABUSE; DISQUALIFICATION
* * *
(c) Excessive violation of either subsection (a) or (b) of this section
shall be deemed a violation of subdivision 352(a)(2) 352(2) of
this title.
COMMITTEE ON THE PART OF COMMITTEE ON THE PART OF THE SENATE THE HOUSE
John F. Campbell
John H. Bloomer
Richard W. Sears
Committee on the part of the Senate
Carl J. Haas
Avis L. Gervais
Harold L. Bailey
Committee on the part of the House
Report of Committee of Conference
H. 737
An act relating to long-term care insurance.
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:
H. 737. An act relating to long-term care insurance.
Respectfully report that they have met and considered the same and recommend that the House accede to the Senate proposal of amendment with the following amendments:
First: In Sec. 2, 8 V.S.A. § 8085(a), by inserting a second sentence in (a) to read: “Nothing in this section prohibits an insurer from underwriting in accordance with that insurers underwriting standards and the requirements of section 8086 of this title.”
Second: In Sec. 2, 8 V.S.A. § 8085(b), by striking out (4) in its entirety and inserting in lieu thereof a new (4) to read:
(4) deny benefits or coverage on the basis that the need for services arises from a mental health condition or Alzheimer’s disease and related disorders.
Third: By striking out Sec. 3 in its entirety.
Fourth: In the existing Sec. 5, 33 V.S.A. § 1908a(f)(2), by striking the words “up to $300,000.00 in countable resources per individual” after the words “Medicaid program”
and by renumbering the sections of the bill to be numerically correct
Ann Cummings
Claire Ayer
Mark Shepard
Committee on the part of the Senate
David Sunderland
Anne Donahue
Bill Keogh
Committee on the part of the House
ORDERED TO LIE
S. 91
An act relating to limiting the application of granular fertilizers to nonagricultural turf.
PENDING QUESTION: Shall the bill be amended as recommended by Sen. MacDonald?
(For text of amendment, see Senate Journal for April 1, 2004, page 507).
S. 231
An act relating to the final disposition rights of decedents.
PENDING ACTION: Second reading of the bill.
H. 612
An act relating to mailing of town reports.
PENDING ACTION: Third reading of the bill.
H. 765
An act relating to the term “Vermont Maple”.
PENDING QUESTION: “Shall the bill be read the third time?”
CONFIRMATIONS
The following appointment will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.
W. William Martinez of Rutland – Alternate Member of the Environmental Board – By Sen. Leddy for the Committee on Natural Resources and Energy. (5/11)
John W. Merrill of Stowe – Alternate Member of the Environmental Board – By Sen. Leddy for the Committee on Natural Resources and Energy. (5/11)
Gregory A. Rainville of St. Albans – Alternate Member of the Environmental Board – By Sen. Leddy for the Committee on Natural Resources and Energy. (5/11)
Marissa Cormier of Colchester – Member of the State Board of Education – By Sen. Condos for the Committee on Education. (5/11)
Charles Bucknam of East Hardwick – Member of the Vermont State Colleges Board of Trustees – By Sen. Mullin for the Committee on Education. (5/11)
H. Charles Hill II, D.D.S. of South Hero – Member of the Board of Health – By Sen. Leddy for the Committee on Health and Welfare. (5/11)
Maureen K. Molloy, M.D., J.D. of Shelburne – Member of the Board of Health – By Sen. Lyons for the Committee on Health and Welfare. (5/11)
Russell P. Davignon, M.D. of Montpelier – Member of the Board of Medical Practice – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Richard L. Guerrero, M.D. of Bennington – Member of the Board of Medical Practice – By Sen. White for the Committee on Health and Welfare. (5/11)
John J. Murray, M.D. of Colchester – Member of the Board of Medical Practice – By Sen. Munt for the Committee on Health and Welfare. (5/11)
Toby Sadkin, M.D. of St. Albans – Member of the Board of Medical Practice – By Sen. Leddy for the Committee on Health and Welfare. (5/11)
William H. Stouch, M.D. of Burlington – Member of the Board of Medical Practice – By Sen. Munt for the Committee on Health and Welfare. (5/11)
Peter Thomashow, M.D. of Strafford – Member of the Board of Medical Practice – By Sen. White for the Committee on Health and Welfare. (5/11)
Florence Young of Montpelier – Member of the Board of Medical Practice – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Theodore Marcy, M.D. of Williston – Member of the Vermont Tobacco Evaluation & Review Board – By Sen. Lyons for the Committee on Health and Welfare. (5/11)
Gregory J. MacDonald, M.D. of East Montpelier – Member of the Vermont Tobacco Evaluation & Review Board – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Donna Bailey of Lincoln – Member of the Children & Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare. (5/11)
Lisa Conlan of Plainfield – Member of the Children & Family Council for Prevention Programs – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Stephen P. Coulman of Waltham – Member of the Children & Family Council for Prevention Programs – By Sen. Mayo for the Committee on Health and Welfare. (5/11)
Mary Geoffrion of Bellows Falls – Member of the Children & Family Council for Prevention Programs – By Sen. White for the Committee on Health and Welfare. (5/11)
Susan Kamp of South Burlington – Member of the Children & Family Council for Prevention Programs – By Sen. Munt for the Committee on Health and Welfare. (5/11)
Ernie Lauder of Northfield – Member of the Children & Family Council for Prevention Programs – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Suzanne Masland of Thetford – Member of the Children & Family Council for Prevention Programs – By Sen. White for the Committee on Health and Welfare. (5/11)
Alicia Ovitt of Hardwick – Member of the Children & Family Council for Prevention Programs – By Sen. Mayo for the Committee on Health and Welfare. (5/11)
David S. Peebles of Montpelier – Member of the Children & Family Council for Prevention Programs – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Kreig Pinkham of Northfield – Member of the Children & Family Council for Prevention Programs – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Jennifer Poehlmann of Winooski – Member of the Children & Family Council for Prevention Programs – By Sen. Munt for the Committee on Health and Welfare. (5/11)
Kenneth A. Schatz of Burlington – Member of the Children & Family Council for Prevention Programs – By Sen. Munt for the Committee on Health and Welfare. (5/11)
Shari Young of East Montpelier – Member of the Children & Family Council for Prevention Programs – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Paul Gillies of Berlin – Member of the Board of Health – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
Hilton H. Dier, Jr. of Middlebury – Member of the Human Services Board – By Sen. Lyons for the Committee on Health and Welfare. (5/11)
Marcia Biondolillo of Barre – Member of the Public Oversight Commission – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
James Colvin of Bennington – Member of the Public Oversight Commission – By Sen. White for the Committee on Health and Welfare. (5/11)
Henry Holmes of Bethel – Member of the Public Oversight Commission – By Sen. Mayo for the Committee on Health and Welfare. (5/11)
Kitty LaBarge of South Hero – Member of the Public Oversight Commission – By Sen. Leddy for the Committee on Health and Welfare. (5/11)
John M. Lindley III of Montpelier – Member of the Public Oversight Commission – By Sen. Doyle for the Committee on Health and Welfare. (5/11)
John Nicholls of Barre – Chair of the Water Resources Board – By Sen. Lyons for the Committee on Natural Resources and Energy. (5/11)
PUBLIC HEARINGS
Tuesday, May 25, 2004 – Room 11 – 7:00-9:00 P.M. – State House Civil War Flag Collection – Dept. of Buildings and General Services.