AutoFill Template

Journal of the House

________________

THURSDAY, MAY 13, 2004

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Walter Freed of Dorset.

Message from the Senate No. 64

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has considered bills originating in the House of the following titles:

H. 524. An act relating to municipal land records.

H. 609. An act relating to the licensure of respiratory care practitioners.

H. 752. An act relating to advance directives for health care.

H. 772. An act relating to executive fees.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered bills originating in the House of the following titles:

H. 515. An act relating to taking deer with antlers of a specified length of configuration.

H. 612. An act relating to mailing of town reports.

H. 779. An act relating to the charter of the city of Winooski.

And has passed the same in concurrence.

The Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 154. An act relating to provide Whistleblower Protection for hospital employees.

S. 315. An act relating to funding of union and unified union school districts.

And has concurred therein.

The Senate has considered House proposal of amendment to Senate bill of the following title:

S. 75. An act relating to decedent’s estates.

And has concurred therein with an amendment in the passage of which the concurrence of the House is requested.

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President announced the appointment as members of such Committees on the part of the Senate:

H. 778. An act relating to miscellaneous agricultural subjects.

Senator Kittell

Senator Welch

Senator Bloomer

H. 780. An act relating to insurance problems facing the agricultural industry of Vermont.

Senator Dunne

Senator MacDonald

Senator Bloomer

The Governor has informed the Senate that on the eleventh day of May, 2004, he approved and signed a bill originating in the Senate of the following title:

S. 54. An act relating to the practice of optometry.

S. 274. An act relating to Veterans’ preference for employment by state government.

The Governor has informed the Senate that on the twelfth day of May, 2004, he approved and signed a bill originating in the Senate of the following title:

S. 190. An act relating to a vacancy on the prudential committee of an incorporated school district.

S. 301. An act relating to compliance with the nonparticipating tobacco manufacturers’ statute.

S. 308. An act relating to compliance with the No child Left Behind Act.

Joint Resolution Placed on Calendar

The Speaker placed before the House the following resolution which was read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 76

Joint resolution urging the federal government not to reduce funding for federal housing support programs nor convert the Section 8 housing voucher program into a block grant

Offered by: Representatives Houston of Ferrisburgh, Symington of Jericho, Hingtgen of Burlington, Larrabee of Danville, Donovan of Burlington, Darrow of Dummerston, Howrigan of Fairfield, Kitzmiller of Montpelier, Miller of Elmore, Robinson of Richmond, Shaw of Derby, Tracy of Burlington and Wright of Burlington

Whereas, affordable housing is a critical component of both a healthy economy and healthy community, and

Whereas, the availability of affordable housing has become a critical problem for Vermonters of modest means, and

Whereas, there is a great need to use scarce public resources to increase the supply of affordable housing and improve the condition of Vermont’s existing housing stock, and

Whereas, the Section 8 housing voucher program has been a cornerstone of federal housing policy since its creation under President Nixon 30 years ago, and

Whereas, 6,079 Vermont households are able to afford their homes only because of federal Section 8 vouchers, and

Whereas, the federal budget deficit has created severe pressures on the budget of the U.S. Department of Housing and Urban Development (HUD), and

Whereas, HUD has proposed funding cuts to the Section 8 voucher program that will potentially result in 737 Vermont households losing assistance in 2005, which represents approximately 12 percent of the total Section 8-funded households in Vermont, and

Whereas, 63 percent of Vermont’s Section 8 recipients are elderly or disabled and live on fixed incomes, 24 percent are working families, and only 13 percent receive Temporary Aid to Needy Families, and

Whereas, cuts of this size would cost Vermont renters, homeowners, and landlords $4.3 million in federal assistance in FY 05 alone, and

Whereas, HUD has also proposed turning its Section 8 voucher program into a block grant program, which would decrease future federal housing support to the state, and

Whereas, were the proposed Section 8 reduction to take effect, in the year 2009, an estimated 1,769 Vermont households, or 29 percent of the state's total Section 8 recipients would be removed from the program, and

Whereas, administrative reductions beyond those proposed in the funds Section 8 recipients receive, and averaging an estimated 45 percent statewide will cripple the capacity of Vermont’s 11 public housing authorities to serve the poorest Vermonters, and

Whereas, the state of Vermont lacks the fiscal capacity to absorb these significant reductions without compromising its ability to fund other important housing and public needs, and

Whereas, the loss of these federal funds will result in an increase in homelessness among Vermont’s most vulnerable families, seniors, and people with disabilities, and

Whereas, this result is unacceptable and contravenes the federal government’s requirement that Vermont plans to end homelessness within 10 years, and

Whereas, an increase in homelessness will exacerbate pressures on the state’s budget, especially that of the Agency of Human Services, and

Whereas, HUD's block grant proposal also eliminates many fundamental protections for those receiving Section 8 assistance, including elimination of the standard by which households pay no more than 30 percent of their income for their housing costs, elimination of policies that target assistance to those most in need, and elimination of the fair market rent standard, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly thanks Vermont’s Congressional Delegation for its past efforts on behalf of preserving the Section 8 program and urges it to continue to do everything within its power to prevent the proposed reductions to Section 8 and its conversion to a block grant program, and be it further

Resolved: That the General Assembly requests the National Associations of State Legislatures to urge Congress to reject all proposed cuts in Section 8 appropriations levels and the proposal to convert Section 8 into a block grant program, and be it further

Resolved: That the General Assembly urges the governor to communicate to U.S. Department of Housing and Urban Development Secretary Alphonso Jackson the state of Vermont’s opposition to these funding cuts and other changes to the Section 8 program, and be it further

Resolved: That the General Assembly also urges the governor to work through the New England Governors’ Conference and the National Governors’ Association to assure that housing programs vital to Vermonters, especially the Section 8 program, and other critical U.S. Department of Housing and Urban Development grant programs, including Community Development Block Grants and the HOME program, are not harmed in the federal budget process and that Vermonters continue to receive at least the current level of service from the department’s programs, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the governor, U.S. Secretary of Housing and Urban Development Jackson, and to the members of the Vermont Congressional Delegation.

Joint Resolution Referred to Committee

J.R.H. 77

Reps. Kennedy of Chelsea, Bailey of Hyde Park, Baker of West Rutland, Bolduc of Barton, Branagan of Georgia, Carey of Chester, Clark of St. Johnsbury, Clark of Vergennes, Crawford of Burke, Crowley of West Rutland, DePoy of Rutland City, Donaghy of Poultney, Duffy of Rutland City, Dunsmore of Georgia, Gray of Barre Town, Haas of Rutland City, Hall of Newport City, Helm of Castleton, Howrigan of Fairfield, Hudson of Lyndon, Johnson of Canaan, Kilmartin of Newport City, Koch of Barre Town, Mazur of South Burlington, Otterman of Topsham, Parent of St. Albans City, Peaslee of Guildhall, Robinson of Richmond, Schiavone of Shelburne, Shaw of Derby, Sheltra of Derby, Smith of New Haven, Starr of Troy, Sunderland of Rutland Town, Sweeney of Colchester, Valliere of Barre City, Webster of Randolph, Winters of Williamstown and Young of Orwell offered a joint resolution, entitled

Joint resolution urging the members of the Vermont Congressional Delegation to support U.S. Senate Resolution S. J. Res. 30, relating to a federal constitutional amendment defining marriage

Whereas, an amendment to the United States Constitution known as the Federal Marriage Amendment (S. J. Res. 30) has been introduced in the United States Senate that reads: “Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman,” and

Whereas, this amendment affirms the statutory definition of marriage in Vermont, and

Whereas, the state-by-state ratification process required for the adoption of a federal constitutional amendment ultimately brings this matter before each state for its consideration, and

Whereas, the citizens of Vermont deserve the opportunity to participate in determining the definition of marriage in the United States, and

Whereas, Vermont’s Congressional Delegation can help move the amendment to the individual states for their consideration, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges the members of the Vermont Congressional Delegation to support S. J. Res. 30, the Federal Marriage Amendment, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to each member of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Judiciary.

Rules Suspended; Proposal of Amendment Agreed to;

Third Reading Ordered

S. 311

On motion of Rep. Symington of Jericho, the rules were suspended and Senate bill, entitled

An act relating to making miscellaneous changes in statutes affecting the Vermont agency of transportation;

Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Emmons of Springfield, for the committee on Transportation, to which the bill had been referred, reported in favor of its passage in concurrence with proposal of amendment by striking all after the enacting clause and inserting in lieu thereof the following:

* * * Act 250 Applications * * *

Sec. 1. 10 V.S.A. § 6083(f) is amended to read:

(f) In situations where the party seeking to file an application is a state agency, municipality, or a solid waste management district empowered to condemn the involved land or an interest in it, ~~then~~ the application need only be signed by that party.

* * * State Highway Law; Definitions * * *

Sec. 2. 19 V.S.A. § 1 is amended to read:

§ 1. DEFINITIONS

For the purposes of this ~~chapter~~ title:

* * *

* * * State Traffic Committee * * *

Sec. 3. 19 V.S.A. § 1(22) is amended to read:

(22) “Traffic committee” consists of the secretary of transportation or his or her designee, commissioner of motor vehicles or his or her designee, and the commissioner of public safety or his or her designee and is responsible for establishing speed zones, parking and no parking areas, regulations for use of limited access highways, and other traffic control procedures.

Sec. 4. 23 V.S.A. § 1003 is amended to read:

§ 1003. STATE SPEED ZONES

When a the traffic committee ~~composed of the secretary of transportation, the commissioner of public safety and the commissioner of motor vehicles~~ constituted under 19 V.S.A. § 1(22) determines, on the basis of an engineering and traffic investigation, that a maximum speed limit established by this chapter is greater or less than is reasonable or safe under conditions found to exist at any place or upon any part of a state highway, except the national system of interstate and defense highways, it may determine and declare a reasonable and safe limit which is effective when appropriate signs stating the limit are erected. This limit may be declared to be effective at all times or at times indicated upon the signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, or based on other factors, bearing on safe speeds which are effective when posted upon appropriate fixed or alterable signs.

* * * Crosswalks * * *

Sec. 5. 19 V.S.A. § 905b is amended to read:

§ 905b. CROSSWALKS

All crosswalk markings shall be of uniform color, dimension, and location and be in conformance with the United States Department of Transportation Federal Highway Administrations’ Manual on Uniform Traffic Control Devices. ~~The secretary of the agency of transportation shall promulgate rules to implement the provisions of this section.~~

Sec. 6. REPEAL

The agency of transportation’s “guidelines for the installation of crosswalk markings and pedestrian signs at marked and unmarked crossings” (effective July 10, 1995; secretary of state rule log #95-44) are hereby repealed.

Sec. 7. 23 V.S.A. § 1052(a) is amended to read:

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk ~~at an intersection~~ shall yield the ~~right of way~~ right-of-way to all vehicles upon the roadway.

* * * Parking for Disabled Persons; Penalties * * *

Sec. 8. 23 V.S.A. § 304a(e) is amended to read:

(e) A person, other than a person with a disability, who for his or her own purposes parks a vehicle in a space for persons with disabilities shall be fined ~~$25.00~~ $100.00 for each violation and shall be liable for towing charges. He or she shall also be liable for storage charges not to exceed ~~$2.00~~ $12.00 per day, and an artisan’s lien may be imposed against the vehicle for payment of the charges assessed. The person in charge of the parking space or spaces for persons with a disability or any duly authorized law enforcement officer shall cause the removal of a vehicle parked in violation of this section. A violation of this section shall be considered a traffic violation within the meaning of chapter 24 29 of ~~this title~~ Title 4.

* * * Speed Limits on Certain Class 3 or 4 Town Highways * * *

Sec. 9. 23 V.S.A. § 1007(h) is added to read:

(h) Notwithstanding the 25 mile per hour limitation provided for in subdivisions (a)(2) and (b)(2) of this section, the legislative body of a municipality may establish a speed limit of less than 25 miles per hour on a class 3 or 4 town highway or a segment of a class 3 or 4 town highway under the following conditions:

(1) the highway serves a residential neighborhood in which there are at least four housing units in any one-quarter mile area, or in less than a one‑quarter mile area, the same proportion of housing units;

(2) the highway does not carry through traffic;

(3) there are no sidewalks; and

(4) the traveled portion of the highway is 20 feet wide or less.

* * * Illegally Passing a School Bus * * *

Sec. 10. 23 V.S.A. § 1075(c) is added to read:

(c) It shall not be a moving violation under subdivision 4(44) of this title when the operator of a vehicle passes a school bus in violation of this section and cannot be identified, except for the registration plate and description of the vehicle. Notice of an offense under this subsection shall be delivered to the owner of the vehicle by a law enforcement officer in person or via certified mail within three business days. The owner or first-listed owner of the vehicle shall be issued a civil violation complaint with a penalty of $100.00, unless the owner files an affidavit with the contacting police department within ten days of receipt of the notice identifying another person who was in possession of the vehicle at the time of the alleged violation. The decision of the hearing officer in the judicial bureau may be appealed to the district court. If the owner of the vehicle is a lessor or a rental car company and maintains a record identifying the name and address of the lessee or renter of the vehicle, the penalty shall be assessed against the lessee, first-listed lessee, or renter. The owner, lessee, or rental car company may not be penalized under this subsection if another person has been convicted for that violation or the motor vehicle was stolen at the time of the violation.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposal of amendment agreed to and third reading ordered.

Message from the Senate No. 65

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has considered a bill originating in the House of the following title:

H. 258. An act relating to tuition expenses for members of the armed forces and their children.

And has passed the same in concurrence.

The Senate has considered a bill originating in the House of the following title:

H. 757. An act relating to the scope and nature of Act 250 review of utility distribution line extensions.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles:

H. 199. An act relating to photographs on driver licenses and learner permits.

H. 528. An act relating to probation and pretrial detention.

H. 547. An act relating to the confidentiality and noncommercial distribution of certain tax records and data.

And has accepted and adopted the same on its part.

The Senate has considered House proposal of amendment to Senate bill entitled:

S. 227. An act relating to sex offender registration and community notification.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

The President announced the appointment as members of such Committee on the part of the Senate:

Senator Sears

Senator Campbell

Senator Bloomer

Rules Suspended; Favorable Report; Third Reading Ordered

S. 239

On motion of Rep. Symington of Jericho, the rules were suspended and Senate bill, entitled

An act relating to prohibition of entering captive fish in a fishing tournament or declaring a captive fish a state record.

Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Larson of Burlington, for the committee on Fish, Wildlife and Water Resources, recommends that the bill ought to pass in concurrence.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Rules Suspended; Senate Proposal of Amendment Concurred in

H. 524

On motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled

An act relating to municipal land records;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposes to the House to amend the bill by striking out Sec. 2 in its entirety.

Which proposal of amendment was considered and concurred in.

Committee of Conference Appointed

S. 227

Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled

An act relating to sex offender registration and community notification;

The Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Flory of Pittsford

Rep. Kainen of Hartford

Rep. Lippert of Hinesburg

Recess

At eleven o’clock in the forenoon, the Speaker declared a recess until the fall of the gavel.

At eleven o’clock and thirty-five minutes in the forenoon, the Speaker called the House to order.

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

H. 772

On motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled

An act relating to executive branch fees;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposes to the House to amend House bill, entitled

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) 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 as follows:

(1) Until such time as 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), all licensed nursing home beds shall be assessed at the uniform rate of $3,676.06.

(2) At such time as the United States Department of Health and Human Services grants a waiver to the uniform assessment, the assessment shall be $4,000.00 per bed for privately-owned nursing homes with more than 30 licensed beds, $1,900.00 per bed for privately‑owned nursing homes with 30 beds or fewer, $100.00 per bed for state-owned or operated nursing homes. If a waiver is granted, these rates shall be retroactive to the effective date of this subsection and any difference between the assessments under this subdivision and the payments under subdivision (1) of this subsection shall be reconciled by the collection of underpayments and the refund of overpayments.

(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 over payment 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 striking out Sec. 9 in its entirety and inserting in lieu thereof the following:

Sec. 9. 33 V.S.A. § 1956(b) is amended to read:

(b) All monies received from or generated to the fund shall be used for the state portion of Medicaid expenditures and for administration of provisions of this subchapter under subsection 1952(c) of this title. Of the net revenues generated by the ~~$3,388.25~~ per bed annual assessment on nursing homes under subdivision 1954(a)(1) of this title, the net revenues generated by $200.00 per bed shall be used for home‑ and community-based Medicaid waiver services and the net revenues generated by $1,768.69 per bed, less the total amount of the state share of the inflation factor adjustments for state fiscal year 2002, as calculated by the division of rate setting pursuant to subsection 905(c) of this title, shall be used solely for Medicaid nursing home reimbursement as follows:

* * *

Seventh: 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.~~

Eighth: 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.

Ninth: By striking out 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.

Tenth: 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

Eleventh: 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.~~

Twelfth: 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.

Thirteenth: 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.

Fourteenth: 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.

Fifteenth: 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).

Sixteenth: 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.

Seventeenth: 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. [Deleted]

Sec. 30. [Deleted]

Sec. 31. [Deleted]

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. [Deleted]

Sec. 36. [Deleted]

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 purpose 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 years of age has been vaccinated within the preceding 12 months; and~~

~~(3) a dog or wolf-hybrid of two or more years has been vaccinated within the preceding 24 months.~~

(1) All dog and wolf-hybrid vaccinations recognized by state and local authorities shall be administered by a licensed veterinarian or under the supervision of a licensed veterinarian.

(2) All dogs and wolf-hybrids over three months of age shall be vaccinated against rabies. The initial vaccination shall be valid for 12 months. Within 9 to 12 months of the initial vaccination, the animal must receive a booster vaccination.

(3) All subsequent vaccinations following the initial vaccination shall be valid for 36 months.

(4) All vaccinations, including the initial vaccination, shall be with a U.S. Department of Agriculture-approved three-year rabies vaccine product.

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.

(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.

~~(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 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

(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.

(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;

(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.

(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. 33 of this act (qualified rental unit education tax exemption) shall be effective retroactively from January 1, 2004.

(h) Sec. 34 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.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Marron of Stowe moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Marron of Stowe

Rep. Rusten of Halifax

Rep. Amidon of Charlotte

Rules Suspended; Senate Proposal of Amendment Concurred in

S. 75

On motion of Rep. Symington of Jericho, the rules were suspended and Senate bill, entitled

An act relating to decedents’ estates;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposes to the House to amend the bill as follows:

In Sec. 1, 14 V.S.A. §1205(a) subdivision (2) by striking out the figure “$2,500.00” and inserting in lieu thereof the figure $3, 800.00

Which proposal of amendment was considered and concurred in.

Rules Suspended; Bill Read Third time and Passed in Concurrence

S. 239

Senate bill, entitled

An act relating to prohibition of entering captive fish in a fishing tournament or declaring a captive fish a state record;

On motion of Rep. Symington of Jericho, the rules were suspended and the bill placed on all remaining stages of passage in concurrence. The bill was read the third time and passed in concurrence.

Rules Suspended; Bill Read Third Time and Passed

in Concurrence with Proposal of Amendment

S. 311

Senate bill, entitled

An act relating to making miscellaneous changes in statutes affecting the Vermont agency of transportation;

On motion of Rep. Symington of Jericho, the rules were suspended and the bill placed on all remaining stages of passage in concurrence with proposal of amendment. The bill was read the third time and passed in concurrence with proposal of amendment.

Bills Messaged to Senate Forthwith

On motion of Rep. Symington of Jericho, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

S. 311

Senate bill, entitled

An act relating to making miscellaneous changes in statutes affecting the Vermont agency of transportation;

S. 239

Senate bill, entitled

An act relating to prohibition of entering captive fish in a fishing tournament or declaring a captive fish a state record.

S. 75

Senate bill, entitled

An act relating to decedents’ estates;

H. 772

House bill, entitled

An act relating to executive branch fees;

Rules Suspended; Action Ordered Messaged to Senate Forthwith

and Bill Delivered to the Governor Forthwith

H. 524

House bill, entitled

An act relating to municipal land records;

On motion of Rep. Symington of Jericho, the rules were suspended and action on the bill was ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith.

Recess

At eleven o’clock and forty-five minutes in the forenoon, the Speaker declared a recess until two o’clock in the afternoon.

Afternoon

At two o’clock and fifteen minutes in the afternoon, the Speaker called the House to order.

Message from Governor

A message was received from His Excellency, the Governor, by Mr. Neale Lunderville, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the twelfth day of May, 2004, he approved and signed a bill originating in the House of the following title:

H. 773 An act relating to the charter of the town of Stowe

Message from Governor

A message was received from His Excellency, the Governor, by Mr. Neale Lunderville, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the thirteenth day of May, 2004, he approved and signed bills originating in the House of the following titles:

H. 175 An act relating to consolidated environmental appeals and revisions of land use development law;

H. 397 An act relating to the operation of snowmobiles.

Rules Suspended; Senate Proposal of Amendment Concurred in

H. 609

On motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled

An act relating to the licensure of respiratory care practitioners;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposes 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.

(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. This chapter does not expand the scope of practice of any other profession or occupation referred to in this chapter.

Which proposal of amendment was considered and concurred in.

Rules Suspended; Senate Proposal of Amendment Concurred in

H. 757

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Partridge of Windham, the rules were suspended and House bill, entitled

An act relating to the scope and nature of act 250 review over utility distribution line extensions;

Was taken up for immediate consideration.

The Senate proposes to the House to the bill by adding a new section to read as follows:

Sec. 2. STUDY OF UTILITY EXTENSION AMENDMENT

The land use panel of the natural resources board shall convene a working group, by no later than July 1, 2005, to review the impacts of this act. The working group shall include the commissioner of the department of public service as well as the following persons appointed by the governor: a representative of an investor owned utility, a representative of a cooperative utility, a representative of a municipal utility, a representative of an environmental interest group, a representative of the forum on sprawl. By no later than January 15, 2006, the panel shall submit its findings and recommendations to the Senate and House Committees on Natural Resources and Energy.

Which proposal of amendment was considered and concurred in.

Rules Suspended; Action Ordered Messaged to Senate Forthwith

and Bill Delivered to the Governor Forthwith

On motion of Rep. Symington of Jericho, the rules were suspended and action on the bills were ordered messaged to the Senate forthwith and the bills delivered to the Governor forthwith.

H. 609

House bill, entitled

An act relating to the licensure of respiratory care practitioners;

H. 757

House bill, entitled

An act relating to the scope and nature of act 250 review over utility distribution line extensions;

Rules Suspended; Proposals of Amendment Agreed to;

Third Reading Ordered

S. 76

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended on a Division Vote. Yeas, 83. Nays, 12, a 3/4 vote of 72 needed, and Senate bill, entitled

An act relating to the medical use of marijuana;

Was taken up for immediate consideration.

Rep. Koch of Barre Town, for the Committee on Health and Welfare, to which the bill had been referred, reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 18 V.S.A. chapter 86 is amended to read:

CHAPTER 86. THERAPEUTIC USE OF CANNABIS

Subchapter 1. Research Program

§ 4471. Cannabis therapeutic research program;

establishment; participation

* * *

Subchapter 2. Marijuana Use by Persons with Severe Illness

§ 4472. DEFINITIONS

For the purposes of this subchapter:

(1) “Bona fide physician-patient relationship” means a treating or consulting relationship of not less than six months duration, in the course of which a physician has completed a full assessment of the registered patient’s medical history and current medical condition, including a personal physical examination.

(2) “Debilitating medical condition” means:

(A) end of life care for cancer or acquired immune deficiency syndrome; or

(B) cancer, acquired immune deficiency syndrome, positive status for human immunodeficiency virus, multiple sclerosis, or the treatment of these diseases or medical conditions if:

(i) the disease or condition or its treatment results in severe, persistent, and intractable symptoms; and

(ii) in the context of the specific disease or condition, reasonable medical efforts have been made over a reasonable amount of time without success in relieving the symptoms.

(3) “Marijuana” shall have the same meaning as provided in subdivision 4201(15) of this title.

(4) “Possession limit” means the amount of marijuana collectively possessed between the registered patient and the patient’s registered caregiver which is no more than one mature marijuana plant, two immature plants, and two ounces of usable marijuana.

(5) “Physician” means a person who is licensed under chapter 23 or chapter 33 of Title 26, and is licensed with authority to prescribe drugs under Title 26.

(6) “Registered caregiver” means a person who is at least 21 years old who has never been convicted of a drug-related crime and who has agreed to undertake responsibility for managing the well-being of a registered patient with respect to the use of marijuana for symptom relief.

(7) “Registered patient” means a person who has been issued a registration card by the department of public safety identifying the person as having a debilitating medical condition pursuant to the provisions of this subchapter.

(8) “Secure indoor facility” means a building or room equipped with locks or other security devices that permit access only by a registered caregiver or registered patient.

(9) “Usable marijuana” means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

(10) “Use for symptom relief” means the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a registered patient’s debilitating medical condition which is in compliance with all the limitations and restrictions of this subchapter. For the purposes of this definition, “transfer” is limited to the transfer of marijuana and paraphernalia between a registered caregiver and a registered patient.

§ 4473. REGISTERED PATIENTS; QUALIFICATION STANDARDS AND PROCEDURES

(a) To become a registered patient, a person must be diagnosed with a debilitating medical condition by a physician in the course of a bona fide physician-patient relationship.

(b) The department of public safety shall review applications to become a registered patient using the following procedures:

(1) A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department. If the patient is under the age of 18 the application must be signed by both the patient and a parent or guardian. The application shall require identification and contact information for the patient and the patient’s registered caregiver applying for authorization under section 4474 of this title, if any. The applicant shall attach to the application a copy of relevant portions of the patient’s medical record sufficient to establish that the patient has a debilitating medical condition.

(2) The department shall contact the physician for purposes of verifying the existence of a bona fide physician-patient relationship and the accuracy of the medical record. The department may approve an application, notwithstanding the six-month requirement in subdivision 4472(1) of this title, if the department is satisfied that the debilitating medical condition is of recent or sudden onset and that the patient has not had a previous physician who is able to verify the nature of the disease and its symptoms.

(3) The department shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. If the application is approved, the department shall issue the applicant a registration card which shall include the registered patient’s name and photograph, as well as a unique identifier for law enforcement verification purposes under section 4474d of this title.

(4)(A) A review board is established. The medical practice board shall appoint three physicians licensed in Vermont to constitute the review board. If an application under subdivision (1) of this subsection is denied, within seven days the patient may appeal the denial to the board. Review shall be limited to information submitted by the patient under subdivision (1) of this subsection, and consultation with the patient’s treating physician. All records relating to the appeal shall be kept confidential. An appeal shall be decided by majority vote of the members of the board.

(B) The board shall meet periodically to review studies, data, and any other information relevant to the use of marijuana for symptom relief. The board may make recommendations to the general assembly for adjustments and changes to this chapter.

(C) Members of the board shall serve for three-year terms, beginning February 1 of the year in which the appointment is made, except that the first members appointed shall serve as follows: one for a term of two years, one for a term of three years, and one for a term of four years. Members shall be entitled to per diem compensation authorized under section 1010 of Title 32. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

§ 4474. REGISTERED CAREGIVERS; QUALIFICATION STANDARDS AND PROCEDURES

(a) A person may submit a signed application to the department of public safety to become a registered patient’s registered caregiver. The department shall approve or deny the application in writing within 30 days. The department shall approve a registered caregiver’s application and issue the person an authorization card, including the caregiver’s name, photograph, and a unique identifier, after verifying:

(1) the person will serve as the registered caregiver for one registered patient only; and

(2) the person has never been convicted of a drug‑related crime.

(b) Prior to acting on an application, the department shall obtain from the Vermont criminal information center a Vermont criminal record, an out-of-state criminal record, and a criminal record from the Federal Bureau of Investigation for the applicant. For purposes of this subdivision, “criminal record” means a record of whether the person has ever been convicted of a drug-related crime. Each applicant shall consent to release of criminal records to the department on forms substantially similar to the release forms developed by the center pursuant to section 2056c of Title 20. The department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy. The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the department of public safety that no record exists. If the department disapproves an application, the department shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center. No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

(c) A registered caregiver may serve only one registered patient at a time, and a registered patient may have only one registered caregiver at a time.

§ 4474a. REGISTRATION; FEES

(a) The department shall collect a fee of $100.00 for the application authorized by sections 4473 and 4474 of this title. The fees received by the department shall be deposited into a registration fee fund and used to offset the costs of processing applications under this subchapter.

(b) A registration card shall expire one year after the date of issue, with the option of renewal, provided the patient submits a new application which is approved by the department of public safety, pursuant to sections 4473 or 4474 of this title, and pays the fee required under subsection (a) of this section.

§ 4474b. EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES;

SEIZURE OF PROPERTY

(a) A person who has in his or her possession a valid registration card issued pursuant to this subchapter and who is in compliance with the requirements of this subchapter, including the possession limits in subdivision 4472(4) of this title, shall be exempt from arrest or prosecution under subsection 4230(a) of this title.

(b) A physician who has participated in a patient’s application process under subdivision 4473(b)(2) of this title shall not be subject to arrest, prosecution, or disciplinary action under chapter 23 of Title 26, penalized in any manner, or denied any right or privilege under state law, except for giving false information, pursuant to section 4474c(f) of this title.

(c) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of a registered patient or registered caregiver engaged in use of marijuana for symptom relief.

(d) A law enforcement officer shall not be required to return marijuana or paraphernalia relating to its use seized from a registered patient or registered caregiver.

§ 4474c. PROHIBITIONS, RESTRICTIONS, AND LIMITATIONS

REGARDING THE USE OF MARIJUANA FOR SYMPTOM RELIEF

(a) This subchapter shall not exempt any person from arrest or prosecution for:

(1) Being under the influence of marijuana while:

(A) operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power;

(B) in a workplace or place of employment; or

(2) The use or possession of marijuana by a registered patient or a registered caregiver:

(A) for purposes other than symptom relief as permitted by this subchapter; or

(B) in a manner that endangers the health or well-being of another person.

(3) The smoking of marijuana in any public place, including:

(A) a school bus, public bus, or other public vehicle;

(B) a workplace or place of employment;

(D) any correctional facility; or

(E) any public park, public beach, public recreation center, or youth center.

(b) This chapter shall not be construed to require that coverage or reimbursement for the use of marijuana for symptom relief be provided by:

(1) a health insurer as defined by subdivision 9402(7) of this title, or any insurance company regulated under Title 8;

(2) an employer; or

(3) for purposes of worker’s compensation, an employer as defined in subdivision 601(3) of Title 21.

(c) A registered patient or registered caregiver who elects to grow marijuana to be used for symptom relief by the patient may do so only if the marijuana is cultivated in a single, secure indoor facility.

(d) A registered patient or registered caregiver may not transport marijuana in public unless it is secured in a locked container.

(e) Within 72 hours after the death of a registered patient, the patient’s registered caregiver shall return to the department of public safety for disposal any marijuana or marijuana plants in the possession of the patient or registered caregiver at the time of the patient’s death. If the patient did not have a registered caregiver, the patient’s next of kin shall contact the department of public safety within 72 hours after the patient’s death and shall ask the department to retrieve such marijuana and marijuana plants for disposal.

(f) Notwithstanding any law to the contrary, a person who knowingly gives to any law enforcement officer false information to avoid arrest or prosecution, or to assist another in avoiding arrest or prosecution, shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. This penalty shall be in addition to any other penalties that may apply for the possession or use of marijuana.

§ 4474d. LAW ENFORCEMENT VERIFICATION OF INFORMATION;

RULEMAKING

(a) The department of public safety shall maintain and keep confidential, except as provided in subsection (b) of this section and except for purposes of a prosecution for false swearing under section 2904 of Title 13, the records of all persons registered under this subchapter or registered caregivers in a secure database accessible by authorized department of health employees only.

(b) In response to a person-specific or property-specific inquiry by a law enforcement officer or agency made in the course of a bona fide investigation or prosecution, the department may verify the identities and registered property addresses of the registered patient and the patient’s registered caregiver.

(c) The department shall maintain a separate secure electronic database accessible to law enforcement personnel 24 hours a day that uses a unique identifier system to allow law enforcement to verify that a person is a registered patient or registered caregiver.

(d) The department of public safety shall implement the requirements of this act within 120 days of its effective date. The department may adopt rules under chapter 25 of Title 3 and shall develop forms to implement this act.

Sec. 2. REPORT

The department of public safety, with input from the review board and the department of health, shall report by January 1, 2006 to the house and senate committees on health and welfare and judiciary on the use of marijuana for symptom relief. The report shall include:

(1) statistics regarding the number of people using marijuana for symptom relief, the number of applications received by the department for persons to become registered patients or registered caregivers, and the types of debilitating medical conditions presented in the applications;

(2) a summary of the current research, including the conclusions of the Institute of Medicine, regarding whether there are legitimate medical uses of marijuana;

(3) an evaluation of the costs of permitting the use of marijuana for symptom relief, including any costs to law enforcement officers and costs of any litigation;

(4) an analysis of whether permitting the use of marijuana for symptom relief has made it more difficult to enforce criminal laws relating to substance abuse;

(5) an analysis of whether permitting the use of marijuana for symptom relief has increased illegal marijuana use by creating a public perception that arrests for possession and use of marijuana have become less likely to occur and criminal charges have become more difficult to prosecute;

(6) statistics regarding the number of prosecutions brought against doctors and other persons for violations of this act; and

(7) whether the United States Food and Drug Administration has altered its position regarding the use of marijuana for medical purposes or has approved alternative delivery systems for marijuana.

and by amending the title to read “An Act Relating to Marijuana Use by Persons with Severe Illness”

Rep. Sweetser of Essex, for the committee on Ways and Means, reported that the Committee on Health and Welfare proposal of amendment be amended as follows:

In Sec. 1, by striking the first sentence of 18 V.S.A. § 4475(a), and inserting in lieu thereof the following: “The department shall collect a fee of $100.00 for the application authorized by sections 4473 and 4474 of this title.”

Rep. Livingston of Manchester, for the committee on Appropriations, reported that the House propose to the Senate to amend the bill as recommended by the committees on Health and Welfare and Ways and Means.

Thereupon, the report of the committee on Ways and Means was agreed to.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Health and Welfare, as amended? Reps. Zuckerman of Burlington, Dakin of Colchester, Donahue of Northfield, Keenan of St. Albans City and Maier of Middlebury, moved to substitute an amendment for that of the committee on Health and Welfare, as amended, as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 18 V.S.A. chapter 86 is amended to read:

CHAPTER 86. THERAPEUTIC USE OF CANNABIS

Subchapter 1. Research Program

§ 4471. Cannabis therapeutic research program;

establishment; participation

* * *

Subchapter 2. Marijuana Use by Persons with Severe Illness

§ 4472. DEFINITIONS

For the purposes of this subchapter:

(1) “Bona fide physician-patient relationship” means a treating or consulting relationship, in the course of which a physician has completed a full assessment of the registered patient’s medical history and current medical condition, including a personal physical examination.

(2) “Debilitating medical condition” means cancer, multiple sclerosis, acquired immune deficiency syndrome, positive status for human immunodeficiency virus, or a life threatening, progressive, and debilitating disease or medical condition, if:

(A) the disease or medical condition or its treatment produces severe, persistent, and intractable symptoms such as cachexia or wasting syndrome; severe nausea; severe pain; or seizures; and

(B) in the context of the specific condition, reasonable efforts have been made over a reasonable amount of time without success in relieving the symptoms.

(3) “Marijuana” shall have the same meaning as provided in subdivision 4201(15) of this title.

(4) “Possession limit” means the amount of marijuana collectively possessed between the registered patient and the patient’s registered caregiver which is no more than two mature marijuana plant, three immature plants, and two ounces of usable marijuana.

(5) “Physician” means a person who is licensed under chapter 23 or chapter 33 of Title 26, and is licensed with authority to prescribe drugs under Title 26.

(8) “Secure indoor facility” means a building or room equipped with locks or other security devices that permit access only by a registered caregiver or registered patient.

(9) “Usable marijuana” means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

§ 4473. ADMINISTRATION

The department of public safety shall establish a distinct, dedicated phone line to provide Vermonters with information about the registration process and requirements. Any information received from individuals shall be confidential and shall comply with the “Standards for Privacy of Individually Identifiable Health Information” contained in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, 45 C.F.R. §§ 160.101 et seq. and 45 C.F.R. §§ 164.102 et seq.

§ 4474. REGISTERED PATIENTS; QUALIFICATION STANDARDS AND PROCEDURES

(a) To become a registered patient, a person must be diagnosed with a debilitating medical condition by a physician in the course of a bona fide physician-patient relationship.

(b) The department of public safety shall review applications to become a registered patient using the following procedures:

(1) A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department. If the patient is under the age of 18 the application must be signed by both the patient and a parent or guardian. The application shall require identification and contact information for the patient and the patient’s registered caregiver applying for authorization under section 4475 of this title, if any. The applicant shall attach to the application a copy of relevant portions of the patient’s medical record sufficient to establish that the patient has a debilitating medical condition.

(2) The department shall contact the physician for purposes of verifying the existence of a bona fide physician-patient relationship and the accuracy of the medical record.

§ 4475. REGISTERED CAREGIVERS; QUALIFICATION STANDARDS AND PROCEDURES

(1) the person will serve as the registered caregiver for one registered patient only; and

(2) the person has never been convicted of a drug‑related crime.

(b) Prior to acting on an application, the department shall obtain from the Vermont criminal information center a Vermont criminal record, an

out-of-state criminal record, and a criminal record from the Federal Bureau of Investigation for the applicant. For purposes of this subdivision, “criminal record” means a record of whether the person has ever been convicted of a drug-related crime. Each applicant shall consent to release of criminal records to the department on forms substantially similar to the release forms developed by the center pursuant to section 2056c of Title 20. The department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy. The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the department that no record exists. If the department disapproves an application, the department shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center. No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

(c) A registered caregiver may serve only one registered patient at a time, and a registered patient may have only one registered caregiver at a time.

§ 4476. REGISTRATION; FEES

(a) The department shall collect a fee of $100.00 for the application authorized by sections 4474 and 4475 of this title. The fees received by the department shall be deposited into a registration fee fund and used to offset the costs of processing applications under this subchapter.

(b) A registration card shall expire one year after the date of issue, with the option of renewal, provided the patient submits a new application which is approved by the department, pursuant to section 4474 or 4475 of this title, and pays the fee required under subsection (a) of this section.

§ 4477. EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES;

SEIZURE OF PROPERTY

(b) A physician who has participated in a patient’s application process under subdivision 4474(b)(2) of this title shall not be subject to arrest, prosecution, or disciplinary action under chapter 23 of Title 26, penalized in any manner, or denied any right or privilege under state law, except for giving false information, pursuant to subsection 4478(f) of this title.

(d) A law enforcement officer shall not be required to return marijuana or paraphernalia relating to its use seized from a registered patient or registered caregiver.

§ 4478. PROHIBITIONS, RESTRICTIONS, AND LIMITATIONS

REGARDING THE USE OF MARIJUANA FOR SYMPTOM RELIEF

(a) This subchapter shall not exempt any person from arrest or prosecution for:

(1) Being under the influence of marijuana while:

(A) operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power;

(B) in a workplace or place of employment; or

(2) The use or possession of marijuana by a registered patient or a registered caregiver:

(A) for purposes other than symptom relief as permitted by this subchapter; or

(B) in a manner that endangers the health or well-being of another person.

(3) The smoking of marijuana in any public place, including:

(A) a school bus, public bus, or other public vehicle;

(B) a workplace or place of employment;

(D) any correctional facility; or

(E) any public park, public beach, public recreation center, or youth center.

(b) This chapter shall not be construed to require that coverage or reimbursement for the use of marijuana for symptom relief be provided by:

(1) a health insurer as defined by subdivision 9402(7) of this title, or any insurance company regulated under Title 8;

(2) an employer; or

(3) for purposes of worker’s compensation, an employer as defined in subdivision 601(3) of Title 21.

(d) A registered patient or registered caregiver may not transport marijuana in public unless it is secured in a locked container.

(e) Within 72 hours after the death of a registered patient, the patient’s registered caregiver shall return to the department of public safety for disposal any marijuana or marijuana plants in the possession of the patient or registered caregiver at the time of the patient’s death. If the patient did not have a registered caregiver, the patient’s next of kin shall contact the department within 72 hours after the patient’s death and shall ask the department of public safety to retrieve such marijuana and marijuana plants for disposal.

(f) Notwithstanding any law to the contrary, a person who knowingly gives to any law enforcement officer false information to avoid arrest or prosecution, or to assist another in avoiding arrest or prosecution, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. This penalty shall be in addition to any other penalties that may apply for the possession or use of marijuana.

§ 4479. LAW ENFORCEMENT VERIFICATION OF INFORMATION;

RULEMAKING

Sec. 2. REPORT

The department of public safety, with input from the review board and the department of health, shall report to the house and senate committees on health and welfare and judiciary on the use of marijuana for symptom relief by January 1, 2006. The report shall include:

(2) a summary of the current research, including the conclusions of the Institute of Medicine, regarding whether there are legitimate medical uses of marijuana;

(3) an evaluation of the costs of permitting the use of marijuana for symptom relief, including any costs to law enforcement officers and costs of any litigation;

(4) an analysis of whether permitting the use of marijuana for symptom relief has made it more difficult to enforce criminal laws relating to substance abuse;

(5) an analysis of whether permitting the use of marijuana for symptom relief has increased illegal marijuana use by creating a public perception that arrests for possession and use of marijuana have become less likely to occur, and criminal charges have become more difficult to prosecute;

(6) statistics regarding the number of prosecutions brought against doctors and other persons for violations of this act; and

(7) whether the United States Food and Drug Administration has altered its position regarding the use of marijuana for medical purposes or has approved alternative delivery systems for marijuana.

Rep. Hube of Londonderry in Chair.

Pending the question, Shall the House substitute an amendment offered by Reps. Zuckerman of Burlington, et al, for the report of the committee on Health and Welfare, as amended? Rep. Duffy of Rutland City demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House substitute an amendment offered by Reps. Zuckerman of Burlington, et al, for the report of the committee on Health and Welfare, as amended? was decided in the negative. Yeas, 49. Nays, 87.

Those who voted in the affirmative are: