House Calendar

FRIDAY, MARCH 24, 2006

81st DAY OF ADJOURNED SESSION

House Convenes at 9:30  AM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Unfinished Business of Thursday, march 23, 2006

Favorable with Amendment

S. 27  Safe Haven Defense in Abandoning a Baby........................................ 1031

               Rep. Lippert for Judiciary

Favorable

S. 111  Prior Service Credit for Teachers..................................................... 1032                                Rep. Dates for Government Operations

J.R.H. 7  Urging N.H. to Expedite Restoration of Vilas Bridge..................... 1032

               Rep. Sharpe for Transportation

Third Reading

H. 880  Education Finance Simplification...................................................... 1033

               Rep. Flory Amendment.................................................................. 1033

H. 881  Making Appropriations for the Support of Government.................... 1033

               Rep. Heath Amendment................................................................. 1033

               Rep. Dostis Amendment................................................................ 1033

NOTICE CALENDAR

Senate Proposals of Amendment

H. 678  Banking, Insurance, Securities and Health Care................................ 1034

H. 715  Eradication of Cervical Cancer........................................................ 1038

H. 862  Home Study Programs.................................................................... 1040

Ordered to Lie

H. 424  Relating to Guardianships................................................................ 1040

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 260   Congratulating Colchester HS Boys Hockey Team.................. 1041

H.C.R. 261  Congratulating Colchester HS Girls Hockey Team................... 1041

H.C.R. 262  Congratulating Travis St. Hilaire on Wrestling Career............... 1041

H.C.R. 263  Honoring Vermont Museums during Year of the Museum......... 1041

H.C.R. 264  Congratulating Loggers and 2005 VT Master Logger............... 1041

H.C.R. 265  Congratulating Gifford Medical Center Auxiliary....................... 1041

H.C.R. 266  Honoring Roger and Rosie Wilson of Grafton........................... 1041

H.C.R. 267  Congratulating Enosburg HS Girls Basketball Team.................. 1041

H.C.R. 268  Honoring American Red Cross and VT Volunteers.................. 1042

H.C.R. 269  In Memory of Sgt. Scott P. McLauglin of Hardwick................. 1042

S.C.R.   58  Congratulating Charles Shackleton “Woodworker of Year”...... 1042

S.C.R.   59  In Memory of  Town Clerk Frederick A. Doubleday................ 1042


 

ORDERS OF THE DAY

ACTION CALENDAR

     Unfinished Business of Thursday, March 23, 2006

Favorable with Amendment

S. 27

An act relating to a safe haven defense to the crime of abandoning a baby.

Rep. Lippert of Hinesburg, for the Committee on Judiciary, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  SHORT TITLE

This act shall be known as the “Baby Safe Haven Law.”

Sec. 2.  LEGISLATIVE INTENT

It is the intent of the General Assembly that this act provide a procedure which ensures the safety and well-being of newborns and infants.  The General Assembly recognizes that it is preferable for a wide array of services to be available to all expectant mothers, and to newborn infants and their mothers. The procedure established in this act should be considered a safeguard that will be followed only in extraordinary circumstances.

Sec. 3.  13 V.S.A. § 1303 is amended to read:

§ 1303.  ABANDONMENT OR EXPOSURE OF BABY

(a)  A person who abandons or exposes a child under the age of two years, whereby the life or health of such child is endangered, shall be imprisoned not more than ten years or fined not more than $1,000.00 $10,000.00, or both.

(b)(1)  It is not a violation of this section if the a person voluntarily delivers a child not more than 30 days of age to:

(A)  An employee, staff member, or volunteer at a health care facility.

(B)  An employee, staff member, or volunteer at a fire station, police station, or church which is being attended by a person place of worship.

(C)  A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.

(2)  A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.

(3)  A person or facility to whom a child is delivered pursuant to this subsection shall be immune from civil or criminal liability for any action taken pursuant to this subsection.

(4)  A health care facility, fire station, police station, church, or 911 emergency responder person or facility to whom a child is delivered pursuant to this subsection shall:

(A)  Take temporary custody of the child and ensure that he or she receives any necessary medical care.

(B)  Provide notice that he, she, or it has taken temporary custody of the child to a law enforcement agency.

(C)  Provide notice that he, she, or it has taken temporary custody of the child to the department for children and family services, which shall take custody of the child as soon as practicable.

(5)  The department for children and family services shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2007, to the chairs of the senate committee on health and welfare and the house committee on human services.

And that the title be amended to read as follows “AN ACT RELATING TO DECRIMINALIZING VOLUNTARILY DELIVERING A BABY TO A SAFE HAVEN” 

(Committee vote: 9-0-2)

Favorable

S. 111

An act relating to prior service credit for teachers.

Rep. Dates of Shelburne, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 8-0-3)

J. R. H. 7

     Joint resolution urging the state of New Hampshire to expedite the restoration of the Vilas bridge.

Rep. Sharpe of Bristol, for the Committee on Transportation, recommends the resolution ought to pass.

( Committee Vote: 11-0-0)

Third Reading

H. 880

     An act relating to education finance simplification.

Amendment to be offered by Rep. Flory of Pittsford to H. 880

Move to amend the bill in Sec. 3, on page 4, at the end of line 21, by inserting the following:

By a majority of those voting at an annual or special meeting called for that purpose, the voters of a municipality may elect to allocate the amount credited under this chapter to current-year property taxes to the taxpayers’ property tax installments in order or pro rata.

H. 881

An act making appropriations for the support of government.

Amendment to be offered by Rep. Heath of Westford to H. 881

Moves to amend the bill as follows:

     First: In Sec. 79, line 11, by striking out the figure “1,571,703” and inserting in lieu thereof the figure 1,871,703 and by striking out the line “interdepartmental transfer  300,000” on line 13

     Second: In Sec. 118(a), line 20, at the end of the second sentence, by inserting a new sentence to read as follows:

It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state funding sources. 

     Third: In Sec. 271(a)(7), line 20, after the amount $350,000, by inserting the words:  is transferred

     Fourth: In Sec. 271(a)(33), line 6, after the amount $110,000, by inserting the words:  is transferred

     Amendment to be offered by Rep. Dostis of Waterbury to H. 881

     Moves the bill be amended by adding a new Sec. 90a to read:

          Sec. 90a.  PUBLIC SERVICE DEPARTMENT APPROPRIATION

(a)  The sum of $1,000,000.00 is appropriated during fiscal year 2006 from the clean energy development fund established under 10 V.S.A. § 6523 to the public service department, as funds are available, for purposes established under that section.  Funds allocated during fiscal year 2006 may be expended without convening the clean energy fund’s advisory board. The sum of $2,400,000.00 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for purposes established under that section.  Of this amount, up to five percent is appropriated to the public service department for administrative costs related to the clean energy development fund.

(b)  This section shall take effect upon passage.

NOTICE CALENDAR

Senate Proposals of Amendment

H. 678

     An act relating to the department of banking, insurance, securities, and health care administration.

     The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  8 V.S.A. § 4818 is amended to read:

§ 4818.  Contract required

(a)  No person shall transact business with a managing general agent, a reinsurance intermediary-manager intermediary or a controlling producer as qualified by section 4816 of this title unless there is in force a written contract between the parties which sets forth the respective responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of such responsibilities.  The contract must be approved by the board of directors of a reinsurer represented by a reinsurance intermediary-manager or the board of directors of a controlled insurer.  At least 30 days before such reinsurer assumes or cedes business through such manager, or reinsurance intermediary, a true copy of the approved contract shall be filed with the commissioner for approval.

(b)  The contract required under subsection (a) of this section shall contain the following minimum provisions:

* * *

(11)  The managing general agent, reinsurance intermediary-manager, reinsurance intermediary‑broker, or controlling producer shall not bind or cede reinsurance on behalf of the insurer, reinsurer or controlled insurer, except for facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract contains reinsurance underwriting guidelines for reinsurance ceded and assumed.  The guidelines must list the reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules.

Sec. 2.  8 V.S.A. § 4249 is amended to read: 

§ 4249.  PROOF OF FINANCIAL STABILITY

(a)  In order to ensure the performance of a provider’s obligations to its contract holders, each provider shall continue to possess and provide the commissioner the following documents as proof of financial stability:

* * *

(2)  evidence that all of its service contracts are insured through the purchase of a service contract reimbursement policy issued by an insurer authorized to do business in this state, or by an approved surplus line insurer that files annually with the National Association of Insurance Commissioners a financial statement prepared in accordance with the accounting practices and procedures required or permitted by their domiciliary regulatory authority and a corresponding audit report that reflects:

(A)  capital and surplus of $5,000,000.00 or more;

(B)  written premiums not exceeding three times capital and surplus over the most recent five years; and

(C)  profitable operations over the most recent five years; or

* * *

(b)  If the provider’s parent or affiliate company’s financial statement is filed to meet the provider’s financial stability requirement with the commissioner pursuant to subdivision (a)(3) of this section as evidence of a net worth of at least $50 million, then the parent or affiliate company shall agree, on a form prescribed by the commissioner, to guarantee the provider’s obligations relating to service contracts sold by the provider in this state.

* * *

(d)  In the event that the department recovers funds from service contract providers, the commissioner in his or her discretion may distribute such funds in a manner that he or she determines is equitable and cost-effective, giving due consideration to the amount of funds recovered, the estimated amounts due to consumers, and the costs of administering any distribution.  Distributions may be allocated based on claims made, premiums, or the number of consumers affected.  If the commissioner determines that it would be prohibitively expensive or impossible to make restitution to consumers, the recovered funds will be remitted to the general fund.

Sec. 3.  8 V.S.A. § 6001(2) is amended to read:

§ 6001.  Definitions

As used in this chapter, unless the context requires otherwise:

* * *

(2)  “Association” means any legal association of individuals, corporations, limited liability companies, partnerships, associations, or other entities that has been in continuous existence for at least one year, the member organizations of which or which does itself, whether or not in conjunction with some or all of the member organizations:

(A)  own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer; or

(B)  have complete voting control over an association captive insurance company incorporated as a mutual insurer; or

(C)  constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer.

Sec. 4.  8 V.S.A. § 6031(b) is amended to read:

(b)  A sponsored captive insurance company shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a nonprofit corporation with one or more members, or as a manager‑managed limited liability company.

Sec. 5.  8 V.S.A. § 6035 is amended to read:

§ 6035.  QUALIFICATION OF SPONSORS

A sponsor of a sponsored captive insurance company shall be an insurer licensed under the laws of any state, a reinsurer authorized or approved under the laws of any state, or a captive insurance company formed or licensed under this chapter, a broker-dealer registered with the department pursuant to chapter 150 of Title 9, a financial institution as defined under subdivision 11101(32) of this title, or a financial institution holding company as defined under subdivision 11101(33) of this title, including any affiliate or subsidiary of such financial institution holding company.  A risk retention group shall not be either a sponsor or a participant of a sponsored captive insurance company.

Sec. 6.  8 V.S.A. § 5102(b) is amended to read: 

(b)  Application for a certificate of authority shall be made to the commissioner and include such information and in such form as he the commissioner prescribes, including but not limited to the following:

* * *

(8)  A power of attorney duly executed by such applicant, if not domiciled in this state, appointing the commissioner and his successors in office, and duly authorized deputies, as the true and lawful attorney of such applicant in and for this state upon whom all lawful process in any legal action or proceeding against the health maintenance organization on a cause of action arising in this state may be served;

* * *

Sec. 7.  8 V.S.A. § 3361(c) is amended to read: 

(c)  If the commissioner is satisfied with the copies and statements that such insurer has complied with the provisions of this Part, he or she may grant a license authorizing it to do insurance business by lawfully constituted and licensed agents only, until April 1 thereafter, which license may be renewed.  In granting or renewing such license to do business the commissioner shall consider the criteria established for the approval and certification of domestic insurers hereinabove set forth, within the context of the stated legislative policy.  Notwithstanding the provisions of Title 11A, any insurer licensed by the commissioner under this section may transact insurance business in this state upon the filing of a copy of such license with the secretary of state.  Such corporations shall not be required to make any annual report except as provided in this title.  This section shall not be construed to prohibit residents of this state from procuring insurance at the home office of a foreign insurer.

Sec. 8.  9 V.S.A. § 5102(3)(C), is amended to read:

(C)  a bank or savings institution if its activities as a broker-dealer are limited to those specified in subdivisions 3(a)(4)(B)(i) 15 U.S.C. § 78c(a)(4)(B)(i) through (vi), (viii) through (x), and (xi) if limited to unsolicited transactions; and 15 U.S.C. § 78c(a)(4) and (5)(B) and (C) or a bank that satisfies the conditions described in 15 U.S.C. § 78c(a)(4)(E);

Sec. 9.  9 V.S.A. § 5102(5)(B)(iii) is amended to read:

(iii)  an industrial loan company that is not an “insured depository institution” as defined in Section 3(c)(2) of the Federal Deposit Insurance Act, 12 U.S.C. § 1813(c)(2), or any successor federal statute.

Sec. 10.  9 V.S.A. § 5102(17)(B) is amended to read:

(B)  The issuer of an equipment trust certificate or similar security serving the same purpose is as the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate.

Sec. 11.  9 V.S.A. § 5102(28)(E) is amended to read:

(E)  includes as an “investment contract” among other contracts, an interest in a limited partnership and, a limited liability company and, an investment in a viatical settlement, or similar agreement.

Sec. 12.  9 V.S.A. § 5412(c) is amended to read:

(c)  If the commissioner finds that the order is in the public interest and subdivisions (d)(1) through (6), (8), (9), (10), or (12), and or (13) of this section authorize the action, an order under this chapter may censure, impose a bar on, or impose a civil penalty on a registrant in an amount not more than $15,000.00 for each violation and not more than $1,000,000.00 for more than one violation, and recover the costs of the investigation from the registrant, and, if the registrant is a broker-dealer or investment adviser;, a partner, officer, director, or person having a similar status or performing similar functions;, or a person directly or indirectly in control of the broker-dealer or investment adviser.  The limitations on civil penalties contained in this subsection shall not apply to settlement agreements.

Sec. 13.  18 V.S.A. § 9410(i) is added to read:

(i)  On or before January 15, 2008 and every three years thereafter, the commissioner shall submit a recommendation to the general assembly for conducting a survey of the health insurance status of Vermont residents.

Sec. 14.  EFFECTIVE DATE

This act shall take effect on July 1, 2006, except that the provision adding 8 V.S.A. § 4249(d) shall take effect on passage.

(For text see House Journal February 17, 2006 – pp. 206-212)

H. 715

     An act relating to the eradication of cervical cancer.

     The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  CERVICAL CANCER ERADICATION TASK FORCE

(a)  Not later than September 1, 2006, the commissioner of health shall establish a task force to study eradication of cervical cancer in Vermont.  The task force shall include:

(1)  the commissioner of health or a designee;

(2)  the minority health director within the department of health;

(3)  the director of the office of Vermont health access or a designee;

(4)  the commissioner of banking, insurance, securities, and health care administration or a designee;

(5)  the health care ombudsman or a designee;

(6)  a representative of the Vermont chapter of the American Cancer Society;

(7)  the executive director of the Vermont commission on women or a designee;

(8)  a representative of ALANA Community Organization;

(9)  a representative of Planned Parenthood of Northern New England;

(10)  a representative of the Vermont medical society;

(11)  one member of the senate committee on health and welfare appointed by the committee on committees and one member of the house committee on human services appointed by the speaker of the house; and

(12)  up to three additional members appointed by the commissioner of health. 

(b)  The task force shall consider:

(1)  public awareness of the causes of cervical cancer, personal risk factors, the value of prevention and early detection, options for testing, treatment costs and health plan reimbursement, and new technologies;

(2)  health care providers’ awareness about screening and prevention options, recommended protocols and schedules for screening and vaccinations, and new technologies;

(3)  recommended testing protocols and schedules for cervical cancer screenings and vaccinations for the human papillomavirus;

(4)  issues of cost and insurance and health plan coverage;

(5)  potential sources of funding for education, screening, and treatment programs, including governmental and private funding.

(c)  The task force shall make findings and recommendations about how to eradicate cervical cancer in Vermont.  It shall report those findings and recommendations to the commissioner of health not later than January 15, 2007. 

(d)  The commissioner of health, on or before February 1, 2007, shall report to the general assembly, the house committee on human services, and the senate committee on health and welfare the findings and recommendations of the task force, what recommendations or actions, if any, the department of health can implement, and what recommendations it makes for legislative action. 

(e)  For attendance at meetings which are held when the general assembly is not in session, the legislative members of the task force shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under 2 V.S.A. § 406.  All other members shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided under 32 V.S.A. § 1010.

(For text see House Journal February 2, 2006 – pp. 246-7)

H. 862

     An act relating to home study programs.

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

First:  In Sec. 1, 16 V.S.A. § 166b(a)(1), by striking out the words "by year and month" and inserting in lieu thereof the words month and year of birth

Second:  In Sec. 1, 16 V.S.A. § 166b(d)(1), by striking out the words "who is not the parent or legal guardian of the student"

Third:  In Sec. 1, 16 V.S.A. § 166b(k), in the second sentence, by striking out the words "age- and ability- appropriate progress" and inserting in lieu thereof the words progress commensurate with age and ability

Fourth:  In Sec. 1, 16 V.S.A. § 166b(l), in the last sentence, by striking out the words "for the school year in which the child reaches the age of 12" and inserting in lieu thereof the words who is 12 years old at the time the enrollment notice is submitted

Fifth:  At the end of the bill, by adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATES

This legislation shall take effect for home study programs enrolling for school year 2006 - 2007 and each year thereafter.

Ordered to Lie

H. 424

     An act relating to guardianships

 

 

 

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16

     The following concurrent resolutions will be adopted automatically unless a member requests floor consideration before the end of today’s legislative session.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, March 23, 2006)

H.C.R. 260

House concurrent resolution congratulating the 2006 Colchester High School Lakers Division II championship boys hockey team

H.C.R.  261

House concurrent resolution congratulating the 2006 Colchester Lakers Division II championship girls hockey team

H.C.R.  262

House concurrent resolution congratulating Travis St. Hilaire on the completion of his outstanding high school wrestling career

H.C.R.  263

House concurrent resolution honoring Vermont’s museums during the year of the museum

H.C.R.  264

          House concurrent resolution congratulating recently certified master loggers and congratulating the 2005 Vermont master logger of the year

H.C.R.  265

House concurrent resolution congratulating the Gifford Medical Center Auxiliary on its centennial anniversary

H.C.R.  266

House concurrent resolution honoring Roger and Rosie Wilson as outstanding citizens of Grafton

H.C.R.  267

House concurrent resolution congratulating the Enosburg High School Hornets 2006 girls basketball Division III championship team

 

H.C.R.  268

House concurrent resolution honoring the American Red Cross and its Vermont volunteers during American Red Cross Month

H.C.R.  269

House concurrent resolution in memory of Vermont National Guard Sgt. Scott P. McLaughlin of Hardwick

S.C.R. 58

     Senate concurrent resolution congratulating Charles Shackleton on being named the Vermont Wood Manufacturers Association's "Woodworker of the Year"

S.C.R. 59

     Senate concurrent resolution in memory of former Woodstock town clerk Frederick A. Doubleday

* NOTICE *

Testimony on Amendments to Fiscal Year 2007 Appropriations Bill

     Members intending to offer amendments to the FY 2007 appropriations bill are asked to meet with the Appropriations Committee on Thursday or Friday morning, March 23 or 24, beginning at 8:45 a.m. in Room 42.  Please talk to Virginia Catone in the committee’s office to schedule time.

 

 

Reports Received

The Clerk of the House has received the following reports, copies of which may be ordered from his office:

97.    Health Care Governance and Administrative Study.  Agency of Administration.  828-3322

98.    Vermont Educational & Health Buildings Financing Agency 2005 Annual Report.

99.    Vermont Municipal Bond Bank 2005 Annual Report.

100. Vermont Lottery Annual Report 2005.

101. Report from Council on Education Governance.  828-2971.

102. Report on the Implementation of Act 114 at the Vermont State Hospital.  652-      2000.

103. Vermont Long Term Care Ombudsman Project’s FY 2005 Annual Report.  800-747-7152

104. Annual Report of Permit Activity.  Agency of Natural Resources.  241-3808

105. Commission on Higher Education Funding Report.  828-2971

106. Public Access Maintenance and Construction Program.  Vermont Department of Fish and Wildlife.  241-3458

107.  Department of buildings and General Services Report.  828-3519