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House Calendar

FRIDAY, FEBRUARY 23, 2007

52nd DAY OF BIENNIAL SESSION

House Convenes at 9:30 AM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 313  Administration and Enforcement of Fines Judicial Bureau.................... 124

Favorable

H. 93  Relating to Beer Producers’ Retail Liquor Licenses.............................. 124

               Rep. Valliere for General, Housing and Military Affairs

NOTICE CALENDAR

Committee Bills for Second Reading

H. 357  Relating to Registration of Lobbyists.................................................. 124

               Rep. Pearson for Government Operations

H. 360  Employment and Training Period for Nat’l Guard Members............... 124

               Rep. Howrigan for General, Housing and Military Affairs

H. 361  Pay Scale, Death Benefit & Tuition for Members of Nat’l Guard........ 124

               Rep. Baker for General, Housing and Military Affairs

Favorable with Amendment

H. 59  Hunting With a Firearm Under the Influence......................................... 125

               Rep. Deen for Fish, Wildlife and Water Resources

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R.  43  Thanking Agency of Transportation for Response to Blizzard....... 127

H.C.R.  44  Honoring VT Wood Products and Artisans................................. 127

H.C.R.  45  Honoring Adeline Baker for Outstanding Career at Clinic............ 127

H.C.R.  46  Congratulating 2006 Odyssey of the Mind Team......................... 127

H.C.R.  47  Honoring VT Life Magazine Editor Tom Slayton......................... 127

S.C.R.    9 Thanking Employees in Bennington Office Building........................ 127


 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Reading

H. 313

An act relating to the administration and enforcement of fines within the judicial bureau.

Favorable

H. 93

     An act relating to beer producers’ interest in retail liquor licenses.

Rep. Valliere of Barre City, for the Committee on General, Housing and Military Affairs, recommends the bill ought to pass.

( Committee Vote: 8-0-0)

NOTICE CALENDAR

Committee Bills for Second Reading

H. 357

An act relating to registration of lobbyists.

(Rep. Pearson of Burlington will speak for the Committee on Government Operations.)

H. 360

An act relating to employment protection and training period for Vermont National Guard members.

(Rep. Howrigan of Fairfield will speak for the Committee on General, Housing and Military Affairs.)

H. 361

An act relating to pay scale, death benefit and tuition benefits for members of the National Guard.

(Rep. Baker of West Rutland  will speak for the Committee on General, Housing and Military Affairs.)

 

 

Favorable with Amendment

H. 59

     An act relating to hunting with a firearm while under the influence of alcohol or drugs.

Rep. Deen of Westminster, for the Committee on Fish, Wildlife and Water Resources, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. § 4716 is added to read:

§ 4716.  TAKING OF GAME WITH A FIREARM WHILE INTOXICATED

(a)  No person shall carry on his or her person a firearm, muzzle loading firearm, bow, or crossbow for the purpose of taking game if:

(1)  the person’s alcohol concentration is 0.08 or more;

(2)  the person is under the influence of intoxicating liquor; or

(3)  the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of safely using a firearm.

(b)  Possession of a valid hunting license shall have no bearing on a prosecution under this section.

(c)  A person who violates this section shall be punished as follows:

(1)  First offense.  A person convicted of violating this section shall be fined not more than $750.00 or imprisoned not more than two years, or both.

(2)  Second offense.  A person convicted of violating this section who has been convicted of another violation of this section shall be fined not more than $1,500.00 or imprisoned not more than two years, or both.  At least 200 hours of community service shall be performed, or 60 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to the sentence if the program is successfully completed.

(3)  Third or subsequent offense.  A person convicted of violating this section who has twice been convicted of violation of this section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both.  At least 400 hours of community service shall be performed, or 100 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to the sentence if the program is successfully completed.

(4)  Death resulting.  If the death of any person results from a violation of this section, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both.  The provisions of this subdivision do not limit or restrict prosecutions for manslaughter.

(5)  Injury resulting.  If serious bodily injury, as defined in subdivision 1021(2) of this title, results to any person other than the person in possession of the firearm, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not less than one year nor more than 15 years, or both.

(d)  Before sentencing a defendant under this section, the court may order that the defendant submit to an alcohol assessment screening.  The screening report may be considered at sentencing in the same manner as a presentence report.  At sentencing, the defendant may present relevant evidence, including the results of any independent alcohol assessment which was conducted at the person’s own expense.  Evidence regarding any such screening or an alcohol assessment performed at the expense of the defendant shall not be admissible for any other purpose without the defendant’s consent.

(e)  The definitions used in section 1200 of Title 23 shall apply to this section, and the procedures regarding consent, testing, administration of tests, and permissive inferences shall be consistent with sections 1202, 1203a, and 1204 of Title 23.

Sec. 2.  APPROPRIATIONS

In addition to any other funds appropriated to the agency of natural resources in fiscal year 2008, there is appropriated from the general fund to the agency $12,000.00 in fiscal year 2008 for the purpose of purchasing equipment necessary to conduct testing under section 4716 of Title 10 to determine if a person is under the influence of alcohol or drugs while taking game.

The Committee further recommends that after passage of the bill, the title be amended to read as follows:

AN ACT RELATING TO TAKING OF GAME WITH A FIREARM WHILE INTOXICATED

(Committee vote: 8-1-0)

 

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, February 22, 2007)

H.C.R.  43

House concurrent resolution thanking the Vermont agency of transportation’s district and central garage forces for their heroic response to the 2007 Valentine’s Day blizzard

H.C.R.  44

House concurrent resolution honoring Vermont wood products and fine furnishings and the creative artisans who produce these products

H.C.R.  45

House concurrent resolution honoring Adeline Baker on the conclusion of her outstanding career at the Mountain Valley Medical Clinic

H.C.R.  46

House concurrent resolution congratulating the 2006 Frederick H. Tuttle Middle School Odyssey of the Mind team

H.C.R.  47

House concurrent resolution honoring retiring Vermont Life Magazine editor Tom Slayton

S.C.R. 9.

Senate concurrent resolution thanking the state employees who work in the Bennington state office building.

 

PUBLIC HEARINGS

Tuesday, February 27, 2007 – Well of the House – 6:30 – 9:30 PM –

House Committee on Human Services and other relevant committees –

H. 44.  An act relating to patient choice and control at end of life.

 

 

 

HOUSE APPROPRIATIONS COMMITTEE

Fiscal Year 2008 budget testimony

            The Appropriations Committee invites House members to provide input about the FY 2008 appropriations bill on Tuesday morning, February 27, starting at 10:30 a.m.  Please talk to Committee staff member Virginia Catone in Room 40 (ext. 2251) to schedule a time.

 

HOUSE  DEADLINES

To All House Members:

During the first year of the biennium, a member may  request introduction of a bill drafted in short form and submitted to the Legislative Council anytime during the session.

Introduction Deadline - Except with prior consent of the Committee on Rules, all bills drafted in standard form, shall be introduced by February 28,2007.

During the first year of the biennium Committee bills may be introduced at anytime.

 

 

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us