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House Calendar

MONDAY, MARCH 19, 2007

76th DAY OF BIENNIAL SESSION

House Convenes at 10:00 AM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 515  Collection and Disposal of Mercury-Added Thermostats................... 263

H. 516  Creation of One Retirement Fund and Federal Compliance................ 263

Committee Bill for Second Reading

H. 518  Technical Tax Amendments............................................................... 263

               Rep. Otterman for Ways and Means

Favorable with Amendment

H. 380  Regulation of Health Care Facilities.................................................... 263

               Rep. Keogh for Health Care

Favorable

H. 403  Postretirement Cost of Living Adjustments ........................................ 265

               Rep. Atkins for Government Operations

NOTICE CALENDAR

Favorable with Amendment

H. 44  Patient Choice and Control at End of Life............................................ 266

               Rep. Frank for Human Services

               Rep. Marek for Judiciary................................................................. 276

H.  73  Water Management Types for State Waters....................................... 288

               Rep. Deen for Fish, Wildlife and Water Resources

H.  99  Legislative Study Committee on Public Libraries................................. 290

               Rep. Moran for General, Housing and Military Affairs

H. 154  Relating to Stormwater Management................................................. 291

               Rep. Shaw for Fish, Wildlife and Water Resources

H. 175  Increasing Funeral Benefits Under Workers’ Compensation............... 294

               Rep. Baker for General, Housing and Military Affairs

H. 296  Potable Water Supply and Wastewater System Permitting................. 294

               Rep. Johnson for Fish, Wildlife and Water Resources

H. 332  Sale and Closure of Mobile Home Parks........................................... 301

               Rep. Trombley for General, Housing and Military Affairs

H. 353  Employee Free Choice for Bargaining Representative......................... 303

               Rep. Head for Genera, Housing and Military Affairs

H. 449  Foster Care Services and Supports................................................... 303

               Rep. French for Human Services

 

Favorable

H. 149  Liquor Identification and Tobacco Licenses....................................... 315

               Rep. Wright for General, Housing and Military Affairs

H. 372  Nursing and Medical Services by Professional Corporations.............. 315

               Rep. Jerman for Government Operations................................................

H. 429  Underground and Aboveground Storage Tanks................................. 315

               Rep. Krawczyk for Natural Resources and Energy

 

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Third Reading

H. 515

An act relating to the collection and disposal of mercury-added thermostats.

H. 516

An act relating to the creation of one fund within each of the three Vermont retirement systems and to compliance with federal requirements.

     Committee Bill for Second Reading

H. 518

An act relating to technical tax amendments.

(Rep. Otterman of Topsham will speak for the Committee on Ways and Means.)

Favorable with Amendment

H. 380

     An act relating to the regulation of health care facilities.

Rep. Keogh of Burlington, for the Committee on Health Care, recommends the bill be amended as follows:

     Moves that the bill be amended as follows:

First:  In Sec. 8, subsection 9440(c), by striking subdivision (2) in its entirety and inserting in lieu thereof the following:

(2)  Prior to filing an application for a certificate of need, an applicant shall file a an adequate letter of intent with the commissioner no less than 30 days or, in the case of review cycle applications under section 9439 of this title, no less than 45 days prior to the date on which the application is to be filed.  The letter of intent shall form the basis for determining the applicability of this subchapter to the proposed expenditure or action.  A letter of intent shall become invalid if an application is not filed within six months of the date that the letter of intent is received or, in the case of review cycle applications under section 9439 of this title, within such time limits as the commissioner shall establish by rule.  Public Except for requests for expedited review under subdivision (5) of this subsection, public notice of such letters of intent shall be provided in newspapers having general circulation in the region of the state affected by the letter of intent.  The notice shall identify the applicant, the proposed new health care project, and the date by which a competing application or petition to intervene must be filed.  In addition, a copy of the public notice shall be sent to the clerk of the municipality in which the health care facility is located.  Upon receipt, the clerk shall post the notice in or near the clerk’s office and in at least two other public places in the municipality.

Second:  In Sec. 8, subdivision 9440(c)(4) of Title 18, after the words “the consent of the applicant” by striking the words “provided that any period of” and inserting in lieu thereof  “.  The

Third:  In Sec. 8, subsection 9440(c), by striking subdivision (5) in its entirety and inserting in lieu thereof the following:

(5)  An applicant seeking expedited review of a certificate of need application may simultaneously file a letter of intent and an application with the commissioner.  Upon making a determination that the proposed project may be uncontested and does not substantially alter services, as defined by rule, the commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in this section.

Fourth: By striking Sec. 10 in its entirety and inserting in lieu thereof the following:

Sec. 10.  MOBILE HEALTH FACILITIES

The general assembly finds that there have been concerns raised about the practices of private mobile health facilities that enter the state of Vermont for the purpose of providing one-day diagnostic screenings to Vermont residents for a specified fee.  The general assembly requests that the commissioner of health, in consultation with the office of the attorney general, review whether the practices of such mobile health facilities serve the best interests of Vermonters and report his or her findings to the general assembly not later than November 30, 2007.

Fifth:  By adding a new Sec. 12 as follows:

Sec. 12.  HEALTH INFORMATION TECHNOLOGY PLANNING

(a)  Notwithstanding the procedures in subchapter 5 of chapter 221 of Title 18, an applicant seeking expedited review of a certificate of need application for a health information technology project may simultaneously file a letter of intent and an application with the commissioner of banking, insurance, securities, and health care administration without providing the public notice required under subdivision 9440(c)(2) of Title 18.  The commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate, upon a finding that application is consistent with:

(1)  the preliminary health information technology plan issued by the Vermont information technology leaders on January 1, 2007, pursuant to subsection 9417(g) of Title 18, or with the final health information technology plan, if it has been issued at the time the certificate of need is filed; and

(2)  the health resource allocation plan. 

(b)  In making a determination, the commissioner may rely upon the written opinions of persons with expertise in health information technology.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in section 9440 of Title 18.

(c)  This section shall be repealed upon approval of the health information technology plan by the general assembly and upon adoption of rules under section 9440b of Title 18.

(Committee vote: 11-0-0)

Favorable

H. 403

     An act relating to postretirement cost of living adjustments for state employees.

Rep. Atkins of Winooski, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

 

 

NOTICE CALENDAR

Favorable with Amendment

H. 44

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

Rep. Frank of Underhill, for the Committee on Human Services, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds:

(1)  The state of Oregon has been implementing its Death with Dignity Act since 1998.  According to the Eighth Annual Report on Oregon’s Death with Dignity Act, Oregon, in eight years, has seen a total of  390 terminal patients receive prescriptions to hasten death and, of those, 246 patients took the medication and died pursuant to the act.  Oregon’s annual report on the act shows that in 2005, 64 prescriptions were written, and 38 patients died after ingesting the medication.

(2)  Vermont has about one‑fifth the population of Oregon.  In the 2000 census, Oregon had a population of 3,421,399 and Vermont a population of 608,827.

(3)  In the past decade, Oregon has seen its hospice enrollment increase significantly.  In 1993, only 20 percent of dying patients were enrolled in hospice.  By 2005, enrollment increased to 54 percent.  In 2005, 92 percent of the patients who used medication under the Death with Dignity Act were in hospice care.

(4)  Oregon health care professionals report that ten terminal patients investigate their rights under the act for every patient who formally requests a prescription.

(5)  Despite continuing improvements in techniques for palliative care, most medical experts agree that not all pain can be relieved.  Some terminal diseases, such as bone cancer, inflict untreatable agony at the end of life.  Many cancer patients report that they would have greater comfort and courage in facing their future if they were assured they could use a Death with Dignity law if their suffering became unbearable.

Sec. 2.  18 V.S.A. chapter 113 is added to read:

CHAPTER 113.  RIGHTS OF QUALIFIED PATIENTS SUFFERING A TERMINAL CONDITION

§ 5280.  DEFINITIONS

For purposes of this chapter:

(1)  “Attending physician” means the physician who has primary responsibility for the care of the patient and who is willing to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.

(2)  “Capacity” shall have the same meaning as in subdivision 9701(4)(B) of this title.

(3)  “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s illness and who is willing to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.

(4)  “Counseling” means a consultation between a psychiatrist, psychologist, or clinical social worker licensed in Vermont and a patient for the purpose of confirming that the patient: 

(A)  has capacity; and

(B)  is not suffering from a mental disorder or disease that causes the patient to have impaired judgment.

(5)  “Health care provider” shall have the same meaning as in subdivision 9432(8) of this title.

(6)  “Informed decision” means a decision by a patient to request and obtain a prescription to hasten his or her death based on the patient’s understanding and appreciation of the relevant facts and was made after the patient was fully informed by the attending physician of all the following:

(A)  The patient’s medical diagnosis.

(B)  The patient’s prognosis.

(C)  The range of possible results, including potential risks associated with taking the medication to be prescribed.

(D)  The probable result of taking the medication to be prescribed.

(E)  All feasible end-of-life services, including comfort care, hospice care, and pain control.

(7)  “Patient” means a person who is 18 years of age or older, a resident of Vermont, and under the care of a physician.

(8)  “Physician” means a physician licensed pursuant to chapters 23 and 33 of Title 26.

(9)  “Qualified patient” means a patient with capacity who has satisfied the requirements of this chapter in order to obtain a prescription for medication to hasten his or her death.  No individual shall qualify under the provisions of this chapter solely because of age or disability.

(10)  “Terminal condition” means an incurable and irreversible disease which would, within reasonable medical judgment, result in death within six months.

§ 5281.  REQUESTS FOR MEDICATION

(a)  In order to qualify under this chapter:

(1)  A patient with capacity who has been determined by the attending physician and consulting physician to be suffering from a terminal condition and who has voluntarily expressed a wish to hasten the dying process may request medication to be self-administered for the purpose of hastening his or her death in accordance with this chapter.

(2)  A patient shall have made an oral request and a written request and shall have reaffirmed the oral request to his or her attending physician not less than 15 days after the initial oral request.  At the time the patient makes the second oral request, the attending physician shall offer the patient an opportunity to rescind the request.

(b)  Oral requests for medication under this chapter by the patient shall be made in the presence of the attending physician.

(c)  A written request for medication shall be signed and dated by the patient and witnessed by at least two individuals who, in the presence of the patient, attest that, to the best of their knowledge and belief, the patient has capacity, is acting voluntarily, and is not being coerced to sign the request.  Neither witness shall be any of the following persons:

(1)  The patient’s attending physician.

(2)  A relative of the patient by blood, marriage, civil union, or adoption.

(3)  A person who at the time the request is signed would be entitled to any portion of the estate of the patient under any will or by operation of law.

(4)  An owner, operator, or employee of a health care facility, nursing home, or residential care facility where the patient is receiving medical treatment or is a resident.

(d)  A person who knowingly fails to comply with the requirements in subsection (d) of this section is subject to prosecution under section 2004 of Title 13.

(e)  The written request shall be completed after the patient has been examined by a consulting physician as required by under section 5283 of this title.

§ 5282.  ATTENDING PHYSICIAN; DUTIES

The attending physician shall perform all the following:

(1)  Make the initial determination of whether a patient:

(A)  is suffering a terminal condition;

(B)  has capacity; and

(C)  has made a voluntary request for medication to hasten his or her death.

(2)  Request proof of Vermont residency, which may be shown by:

(A)  a Vermont driver’s license or photo identification card;

(B)  proof of Vermont voter’s registration;

(C)  evidence of property ownership or a lease of residential premises in Vermont; or

(D)  a Vermont personal income tax return for the most recent tax year.

(3)  Inform the patient in person and in writing of all the following:

(A)  The patient’s medical diagnosis.

(B)  The patient’s prognosis.

(C)  The range of possible results, including potential risks associated with taking the medication to be prescribed.

(D)  The probable result of taking the medication to be prescribed.

(E)  All feasible end-of-life services, including comfort care, hospice care, and pain control.

(4)  Refer the patient to a consulting physician for medical confirmation of the diagnosis, prognosis, and a determination that the patient has capacity and is acting voluntarily.

(5)  Refer the patient for counseling if appropriate under section 5284 of this chapter.

(6)  Recommend that the patient notify the next of kin or someone with whom the patient has a significant relationship.

(7)  Counsel the patient about the importance of having another individual present when the patient takes the medication pursuant to this chapter and the importance of not taking the medication in a public place.

(8)  Inform the patient that the patient has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the end of the 15-day waiting period.

(9)  Verify, immediately prior to writing the prescription for medication under this chapter, that the patient is making an informed decision.

(10)  Fulfill the medical record documentation requirements of section 5289 of this title.

(11)  Ensure that all required steps are carried out in accordance with this chapter prior to writing a prescription for medication to hasten death.

(12)(A)  Dispense medication directly, including ancillary medication intended to facilitate the desired effect to minimize the patient’s discomfort, provided the attending physician is licensed to dispense medication in Vermont, has a current Drug Enforcement Administration certificate, and complies with any applicable administrative rules; or

(B)  With the patient’s written consent:

(i)  contact a pharmacist and inform the pharmacist of the prescription; and

(ii)  deliver the written prescription to the pharmacist, who will dispense the medication to the patient, the attending physician, or an expressly identified agent of the patient.

(13)  Notwithstanding any other provision of law, the attending physician may sign the patient’s death certificate.

§ 5283.  MEDICAL CONSULTATION REQUIRED

Before a patient is qualified in accordance with this chapter, a consulting physician shall physically examine the patient, review the patient’s relevant medical records, and confirm in writing the diagnosis of the attending physician that the patient is suffering from a terminal condition and verify that the patient has capacity, is acting voluntarily, and has made an informed decision.

§ 5284.  COUNSELING REFERRAL

If a patient is not receiving hospice services at the time the written request for medication is made under this chapter, he or she shall undergo counseling under this section.  If a patient is receiving hospice services at the time the written request for medication is made under this chapter and if, in the opinion of the attending physician or the consulting physician, a patient may be suffering from a mental disorder or disease causing impaired judgment, either physician shall refer the patient for counseling.  No medication to end the patient’s life shall be prescribed until the person performing the counseling determines that the patient is not suffering from a mental disorder or disease that causes the patient to have impaired judgment.

§ 5285.  INFORMED DECISION

No person shall receive a prescription for medication to hasten his or her death unless the patient has made an informed decision.  Immediately prior to writing a prescription for medication in accordance with this chapter, the attending physician shall verify that the patient is making an informed decision.

§ 5286.  RECOMMENDED NOTIFICATION

The attending physician shall recommend that the patient notify the patient’s next of kin or someone with whom the patient has a significant relationship of the patient’s request for medication in accordance with this chapter.  A patient who declines or is unable to notify the next of kin shall not be refused medication in accordance with this chapter.

§ 5287.  RIGHT TO RESCIND

A patient may rescind the request at any time and in any manner regardless of the patient’s mental state.  No prescription for medication under this chapter may be written without the attending physician offering the patient an opportunity to rescind the request.

§ 5288.  WAITING PERIOD

The attending physician shall write a prescription no less than 48 hours after the last to occur of all of the following events:

(1)  the patient’s written request for medication to hasten his or her death;

(2)  the patient’s second oral request; and

(3)  the attending physician’s offering the patient an opportunity to rescind the request.

§ 5289.  MEDICAL RECORD DOCUMENTATION

The following shall be documented and filed in the patient’s medical record:

(1)  The date and wording of all oral requests of the patient for medication to hasten his or her death.

(2)  All written requests by a patient for medication to hasten his or her death.

(3)  The attending physician’s diagnosis, prognosis, and basis for the determination that the patient has capacity, is acting voluntarily, and has made an informed decision.

(4)  The consulting physician’s diagnosis, prognosis, and verification that the patient has capacity, is acting voluntarily, and has made an informed decision.

(5)  A report of the outcome and determinations made during any counseling which the patient may have received.

(6)  The date and wording of the attending physician’s offer to the patient to rescind the request for medication at the time of the patient’s second oral request.

(7)  A note by the attending physician indicating that all requirements under this chapter have been satisfied and all the steps that have been taken to carry out the request, including a notation of the medication prescribed.

§ 5290.  REPORTING REQUIREMENT

(a)  The department of health shall require that any physician who writes a prescription pursuant to this chapter file a report with the department covering all the prerequisites for writing a prescription under this chapter.  In addition, physicians shall report the number of written requests for medication that were received, regardless of whether or not a prescription was actually written in each instance.

(b)  The department of health shall annually review the medical records of qualified patients who have hastened their deaths in accordance with this chapter.

(c)  The department of health shall make rules to facilitate the collection of information regarding compliance with this chapter.  The information collected shall not be public record and shall not be made available for inspection by the public.

(d)  The department of health shall generate and make available to the public an annual statistical report of information collected under subsections (a) and (b) of this section.  The report shall include the number of instances in which medication was taken by a qualified patient to hasten death but failed to have the intended effect.

§ 5290a.  COLLECTION AND DISPOSAL OF UNUSED MEDICATIONS

The department of health shall develop a policy for ensuring that unused medications prescribed under this chapter are collected and disposed of appropriately.

§ 5291.  PROHIBITIONS; CONTRACT CONSTRUCTION

(a)  No provision in a contract, will, or other agreement, whether written or oral, shall be valid, to the extent the provision would affect whether a person may make or rescind a request for medication to hasten his or her death in accordance with this chapter.

(b)  The sale, procurement, or issue of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request by a person for medication to hasten his or her death in accordance with this chapter or the act by a qualified patient to hasten his or her death pursuant to this chapter.  Neither shall a qualified patient’s act of ingesting medication to hasten his or her death have an effect on a life, health, or accident insurance or annuity policy.

§ 5292.  IMMUNITIES

(a)  No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance in accordance with this chapter.  This includes being present when a qualified patient takes the prescribed medication to hasten his or her death in accordance with this chapter.

(b)  No professional organization or association or health care provider may subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for participating or refusing to participate in good faith compliance with this chapter.

(c)  No request by a patient for or provision by an attending physician of medication in good faith compliance with the provisions of this chapter shall constitute neglect for any purpose of law.

(d)  No request by a patient for medication under this chapter shall provide the sole basis for the appointment of a guardian or conservator.

(e)  No health care provider shall be under any duty, whether by contract, by statute, or by any other legal requirement, to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.  If a health care provider is unable or unwilling to carry out a patient’s request in accordance with this chapter and the patient transfers his or her care to a new health care provider, the previous health care provider, upon request, shall transfer a copy of the patient’s relevant medical records to the new health care provider.  A decision by a health care provider not to participate in the provision of medication to a qualified patient shall not constitute the abandonment of the patient or unprofessional conduct under section 1354 of Title 26.

§ 5293.  HEALTH CARE FACILITY EXCEPTION

Notwithstanding any other provision of law, a health care facility may prohibit an attending physician from writing a prescription for medication under this chapter for a patient who is a resident in its facility and intends to use the medication on the facility’s premises, provided the facility has notified the attending physician in writing of its policy with regard to such prescriptions.  Notwithstanding subsection 5292(b) of this title, any health care provider who violates a prohibition established under this section may be subject to sanctions otherwise allowable under law or contract.

§ 5294.  LIABILITIES AND PENALTIES

(a)  Nothing in this chapter shall be construed to limit liability for civil damages resulting from negligent conduct or intentional misconduct by any person.

(b)  Nothing in this chapter or in section 2312 of Title 13 shall be construed to limit criminal prosecution under any other provision of law.

(c)  A health care provider is subject to review and disciplinary action by the appropriate licensing entity for failing to act in accordance with this chapter, provided such failure is not in good faith.

§ 5295.  FORM OF THE REQUEST

A request for medication as authorized by this chapter shall be substantially in the following form:

REQUEST FOR MEDICATION

TO HASTEN MY DEATH

I, ___________________ , am an adult of sound mind.

I am suffering from _______________, which my attending physician has determined is a terminal disease and which has been confirmed by a consulting physician.

I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible end-of-life services, including comfort care, hospice care, and pain control.

I request that my attending physician prescribe medication that will hasten my death.

INITIAL ONE:

_____ I have informed my family or others with whom I have a significant relationship of my decision and taken their opinions into consideration.

_____ I have decided not to inform my family or others with whom I have a significant relationship of my decision.

_____ I have no family or others with whom I have a significant relationship to inform of my decision.

I understand that I have the right to change my mind at any time.

I understand the full import of this request, and I expect to die when I take the medication to be prescribed.  I further understand that although most deaths occur within three hours, my death may take longer, and my physician has counseled me about this possibility.

I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions.

Signed: _________________________ Dated: ____________

DECLARATION OF WITNESSES

We declare that the person signing this request:

(a)  Is personally known to us or has provided proof of identity;

(b)  Signed this request in our presence;

(c)  Appears to be of sound mind and not under duress, fraud, or undue influence;

(d)  Is not a patient for whom either of us is the attending physician.

Witness 1/Date ______________________________________

Witness 2/Date ______________________________________

NOTE:  Neither witness may be a relative (by blood, marriage, civil union, or adoption) of the person signing this request, may be entitled to any portion of the person’s estate upon death, or may own, operate, or be employed at a health care facility where the person is a patient or resident.  A knowing false declaration by a witness may result in criminal penalties.

§ 5296.  STATUTORY CONSTRUCTION

Nothing in this chapter shall be construed to authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing, or active euthanasia.  Action taken in accordance with this chapter shall not be construed for any purpose to constitute suicide, assisted suicide, mercy killing, or homicide under the law.

Sec. 3.  13 V.S.A. § 2312 is added to read:

§ 2312.  Violation of PATIENT CHOICE AND CONTROL AT END OF

               LIFE ACT

(a)(1)  No person shall:

(A)  willfully alter or forge a patient’s request for medication under chapter 113 of Title 18, with the intent or effect of causing the patient’s death; or

(B)  conceal or destroy a rescission of a patient’s request for medication  under chapter 113 of Title 18, with the intent or effect of causing the patient’s death.

(2)  No person shall coerce or exert undue influence on a patient:

(A)  to request medication under chapter 113 of Title 18; or

(B)  to destroy a patient’s rescission of a request for medication under chapter 113 of Title 18.

(b)  A person who violates this section and thereby causes the death of the patient shall be guilty of first degree murder and subject to the penalties provided in subsection 2303(a) of this title.

Sec. 4.  13 V.S.A. § 2004 is added to read:

§ 2004.  FALSE WITNESSING

A person who knowingly violates the requirements of subsection 5281(d) of Title 18 shall be imprisoned for not more than 10 years or fined not more than $2,000.00, or both.

(Committee vote: 7-4-0)

 

Rep. Marek of Newfane, for the Committee on Judiciary, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds:

(1)  The state of Oregon has been implementing its Death with Dignity Act since 1998.  According to the Eighth Annual Report on Oregon’s Death with Dignity Act, Oregon, in eight years, has seen a total of  390 terminal patients receive prescriptions to hasten death and, of those, 246 patients took the medication and died pursuant to the act.  Oregon’s annual report on the act shows that in 2005, 64 prescriptions were written, and 38 patients died after ingesting the medication.

(2)  Vermont has about one‑fifth the population of Oregon.  In the 2000 census, Oregon had a population of 3,421,399 and Vermont a population of 608,827.

(3)  In the past decade, Oregon has seen its hospice enrollment increase significantly.  In 1993, only 20 percent of dying patients were enrolled in hospice.  By 2005, enrollment increased to 54 percent.  In 2005, 92 percent of the patients who used medication under the Death with Dignity Act were in hospice care.

(4)  Oregon health care professionals report that ten terminal patients investigate their rights under the act for every patient who formally requests a prescription.

(5)  Despite continuing improvements in techniques for palliative care, most medical experts agree that not all pain can be relieved.  Some terminal diseases, such as bone cancer, inflict untreatable agony at the end of life.  Many cancer patients report that they would have greater comfort and courage in facing their future if they were assured they could use a Death with Dignity law if their suffering became unbearable.

Sec. 2.  18 V.S.A. chapter 113 is added to read:

CHAPTER 113.  RIGHTS OF QUALIFIED PATIENTS SUFFERING A TERMINAL CONDITION

§ 5280.  DEFINITIONS

For purposes of this chapter:

(1)  “Attending physician” means the physician who the patient has designated to have  primary responsibility for the care of the patient for purposes of this chapter and who is willing to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.

(2)  “Capacity” shall have the same meaning as in subdivision 9701(4)(B) of this title.

(3)  “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s illness and who is willing to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.

(4)  “Counseling” means a consultation between a psychiatrist, psychologist, or clinical social worker licensed in Vermont and a patient for the purpose of confirming that the patient: 

(A)  has capacity; and

(B)  is not suffering from impaired judgment.

(5)  “Good faith” shall mean objective good faith.

(6)  “Health care provider” shall have the same meaning as in subdivision 9432(8) of this title.

(7)  “Informed decision” means a decision by a patient to request and obtain a prescription to hasten his or her death based on the patient’s understanding and appreciation of the relevant facts and was made after the patient was fully informed by the attending physician of all the following:

(A)  The patient’s medical diagnosis.

(B)  The patient’s prognosis.

(C)  The range of possible results, including potential risks associated with taking the medication to be prescribed.

(D)  The probable result of taking the medication to be prescribed.

(E)  All feasible end-of-life services, including comfort care, hospice care, and pain control.

(8)  “Patient” means a person who is 18 years of age or older, a resident of Vermont, and under the care of a physician.

(9)  “Physician” means a physician licensed pursuant to chapters 23 and 33 of Title 26.

(10)  “Qualified patient” means a patient with capacity who has satisfied the requirements of this chapter in order to obtain a prescription for medication to hasten his or her death.  No individual shall qualify under the provisions of this chapter solely because of age or disability.

(11)  “Terminal condition” means an incurable and irreversible disease which would, within reasonable medical judgment, result in death within six months.

§ 5281.  REQUESTS FOR MEDICATION

(a)  In order to qualify under this chapter:

(1)  A patient with capacity who has been determined by the attending physician and consulting physician to be suffering from a terminal condition and who has voluntarily expressed a wish to hasten the dying process may request medication to be self-administered for the purpose of hastening his or her death in accordance with this chapter.

(2)  A patient shall have made an oral request and a written request and shall have reaffirmed the oral request to his or her attending physician not less than 15 days after the initial oral request.  At the time the patient makes the second oral request, the attending physician shall offer the patient an opportunity to rescind the request.

(b)  Oral requests for medication under this chapter by the patient shall be made in the presence of the attending physician.

(c)  A written request for medication shall be signed and dated by the patient and witnessed by at least two persons, at least eighteen years of age, who, in the presence of the patient, sign and affirm that the principal appeared to understand the nature of the document and to be free from duress or undue influence at the time the request was signed.  Neither witness shall be any of the following persons:

(1)  The patient’s attending physician, consulting physician, or any person who has provided counseling for the patient pursuant to section 5284 of this title.

(2)  A person who knows that he or she is a relative of the patient by blood, marriage, civil union, or adoption.

(3)  A person who at the time the request is signed knows that he or she would be entitled upon the patient’s death to any portion of the estate or assets of the patient under any will, by operation of law, or by contract.

(4)  An owner, operator, or employee of a health care facility, nursing home, or residential care facility where the patient is receiving medical treatment or is a resident.

(d)  A person who knowingly fails to comply with the requirements in subsection (c) of this section is subject to prosecution under section 2004 of Title 13.

(e)  The written request shall be completed after the patient has been examined by a consulting physician as required under section 5283 of this title.

(f)  Under no circumstances shall a guardian or conservator be permitted to act on behalf of a ward for purposes of this chapter.

§ 5282.  ATTENDING PHYSICIAN; DUTIES

The attending physician shall perform all the following:

(1)  Make the initial determination of whether a patient:

(A)  is suffering a terminal condition;

(B)  has capacity; and

(C)  has made a voluntary request for medication to hasten his or her death.

(2)  Request proof of Vermont residency, which may be shown by:

(A)  a Vermont driver’s license or photo identification card;

(B)  proof of Vermont voter’s registration;

(C)  evidence of property ownership or a lease of residential premises in Vermont; or

(D)  a Vermont personal income tax return for the most recent tax year.

(3)  Inform the patient in person and in writing of all the following:

(A)  The patient’s medical diagnosis.

(B)  The patient’s prognosis.

(C)  The range of possible results, including potential risks associated with taking the medication to be prescribed.

(D)  The probable result of taking the medication to be prescribed.

(E)  All feasible end-of-life services, including comfort care, hospice care, and pain control.

(4)  Refer the patient to a consulting physician for medical confirmation of the diagnosis, prognosis, and a determination that the patient has capacity and is acting voluntarily.

(5)  Refer the patient for counseling under section 5284 of this chapter.

(6)  Recommend that the patient notify the next of kin or someone with whom the patient has a significant relationship.

(7)  Counsel the patient about the importance of having another individual present when the patient takes the medication pursuant to this chapter and the importance of not taking the medication in a public place.

(8)  Inform the patient that the patient has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the end of the 15-day waiting period.

(9)  Verify, immediately prior to writing the prescription for medication under this chapter, that the patient is making an informed decision.

(10)  Fulfill the medical record documentation requirements of section 5289 of this title.

(11)  Ensure that all required steps are carried out in accordance with this chapter prior to writing a prescription for medication to hasten death.

(12)(A)  Dispense medication directly, including ancillary medication intended to facilitate the desired effect to minimize the patient’s discomfort, provided the attending physician is licensed to dispense medication in Vermont, has a current Drug Enforcement Administration certificate, and complies with any applicable administrative rules; or

(B)  With the patient’s written consent:

(i)  contact a pharmacist and inform the pharmacist of the prescription; and

(ii)  deliver the written prescription to the pharmacist, who will dispense the medication to the patient, the attending physician, or an expressly identified agent of the patient.

(13)  Notwithstanding any other provision of law, the attending physician may sign the patient’s death certificate.   

§ 5283.  MEDICAL CONSULTATION REQUIRED

Before a patient is qualified in accordance with this chapter, a consulting physician shall physically examine the patient, review the patient’s relevant medical records, and confirm in writing the diagnosis of the attending physician that the patient is suffering from a terminal condition and verify that the patient has capacity, is acting voluntarily, and has made an informed decision.

§ 5284.  COUNSELING REFERRAL

No medication to end the patient’s life shall be prescribed until:

(1) the patient receives counseling as defined in subdivision 5280(4) of this title; and

(2)  the person performing the counseling determines that the patient has capacity and is not suffering from impaired judgment.

§ 5285.  INFORMED DECISION

No person shall receive a prescription for medication to hasten his or her death unless the patient has made an informed decision.  Immediately prior to writing a prescription for medication in accordance with this chapter, the attending physician shall verify that the patient is making an informed decision.

§ 5286.  RECOMMENDED NOTIFICATION

The attending physician shall recommend that the patient notify the patient’s next of kin or someone with whom the patient has a significant relationship of the patient’s request for medication in accordance with this chapter.  A patient who declines or is unable to notify the next of kin or the person with whom the patient has a significant relationship shall not be refused medication in accordance with this chapter.

§ 5287.  RIGHT TO RESCIND

A patient may rescind the request at any time and in any manner regardless of the patient’s mental state.  No prescription for medication under this chapter may be written without the attending physician offering the patient an opportunity to rescind the request.

§ 5288.  WAITING PERIOD

The attending physician shall write a prescription no sooner than 48 hours after all of the following events have occurred:

(1)  the patient’s written request for medication to hasten his or her death;

(2)  the patient’s second oral request; and

(3)  the attending physician’s offering the patient an opportunity to rescind the request.

§ 5289.  MEDICAL RECORD DOCUMENTATION

(a) The following shall be documented and filed in the patient’s medical record:

(1)  The date and wording of all oral requests of the patient for medication to hasten his or her death.

(2)  All written requests by a patient for medication to hasten his or her death.

(3)  The attending physician’s diagnosis, prognosis, and basis for the determination that the patient has capacity, is acting voluntarily, and has made an informed decision.

(4)  The consulting physician’s diagnosis, prognosis, and verification that the patient has capacity, is acting voluntarily, and has made an informed decision.

(5)  A report of the outcome and determinations made during any counseling which the patient may have received.

(6)  The date and wording of the attending physician’s offer to the patient to rescind the request for medication at the time of the patient’s second oral request.

(7)  A note by the attending physician indicating that all requirements under this chapter have been satisfied and all the steps that have been taken to carry out the request, including a notation of the medication prescribed.

(b)  Medical records compiled pursuant to this chapter shall be subject to discovery only if the court finds that the records are necessary to resolve issues of compliance with or immunity under this chapter.

§ 5290.  REPORTING REQUIREMENT

(a)  The department of health shall require that any physician who writes a prescription pursuant to this chapter file a report with the department covering all the prerequisites for writing a prescription under this chapter.  In addition, physicians shall report the number of written requests for medication that were received, regardless of whether or not a prescription was actually written in each instance.

(b)  The department of health shall annually review the medical records of qualified patients who have hastened their deaths in accordance with this chapter.

(c)  The department of health shall make rules to facilitate the collection of information regarding compliance with this chapter.  Individual medical information collected and reports filed pursuant to subsection (a) of this section shall not be public record and shall not be made available for inspection by the public.

(d)  The department of health shall generate and make available to the public an annual statistical report of information collected under subsections (a) and (b) of this section.  The report shall include the number of instances in which medication was taken by a qualified patient to hasten death but failed to have the intended effect.

§ 5290a.  SAFE DISPOSAL OF UNUSED MEDICATIONS

(a) The department of health shall adopt rules providing for the safe disposal of unused medications prescribed under this chapter. 

(b)  Expedited rulemaking.  Notwithstanding the provisions of chapter 25 of Title 3, the department of health may adopt rules under this section pursuant to the following expedited rulemaking process:

(1)  Within 90 days after the date this act is passed, and without regard to the effective date in Sec. 5 of this act, the department shall file proposed rules with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841 after publication in three daily newspapers with the highest average circulation in the state of a notice that lists the rules to be adopted pursuant to this process and a seven-day public comment period following publication.

(2)  The department shall file final proposed rules with the legislative committee on administrative rules 14 days after the public comment period.

(3)  The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under 3 V.S.A. § 842, except that its action shall be completed no later than 14 days after the final proposed rules are filed with the committee.

(4)  The department may adopt a properly filed final proposed rule after the passage of 14 days from the date of filing final proposed rules with the legislative committee on administrative rules or after receiving notice of approval from the committee, provided the department:

(A)  has not received a notice of objection from the legislative committee on administrative rules; or

(B)  after having received a notice of objection from the committee, has responded pursuant to 3 V.S.A. § 842.

(5)  Rules adopted under this section shall be effective upon being filed with the secretary of state and shall have the full force and effect of rules adopted pursuant to chapter 25 of Title 3.  Rules filed with the secretary of state pursuant to this section shall be deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

§ 5291.  PROHIBITIONS; CONTRACT CONSTRUCTION

(a)  No provision in a contract, will, or other agreement, whether written or oral, shall be valid, to the extent the provision would affect whether a person may make or rescind a request for medication to hasten his or her death in accordance with this chapter.

(b)  The sale, procurement, or issue of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request by a person for medication to hasten his or her death in accordance with this chapter or the act by a qualified patient to hasten his or her death pursuant to this chapter.  Neither shall a qualified patient’s act of ingesting medication to hasten his or her death have an effect on a life, health, or accident insurance or annuity policy.

§ 5292.  IMMUNITIES

(a)  No person shall be subject to civil or criminal liability or professional disciplinary action for actions taken in good faith reliance on the provisions of this chapter.  This includes being present when a qualified patient takes the prescribed medication to hasten his or her death in accordance with this chapter.

(b)  No professional organization or association or health care provider may subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for actions taken in good faith reliance on the provisions of this chapter or refusals to act under this chapter.

(c)  No provision by an attending physician of medication in good faith reliance on the provisions of this chapter shall constitute patient neglect for any purpose of law.

(d)  No request by a patient for medication under this chapter shall provide the sole basis for the appointment of a guardian or conservator.

(e)  No health care provider shall be under any duty, whether by contract, by statute, or by any other legal requirement, to participate in the provision to a qualified patient of medication to hasten his or her death in accordance with this chapter.  If a health care provider is unable or unwilling to carry out a patient’s request in accordance with this chapter and the patient transfers his or her care to a new health care provider, the previous health care provider, upon request, shall transfer a copy of the patient’s relevant medical records to the new health care provider.  A decision by a health care provider not to participate in the provision of medication to a qualified patient shall not constitute the abandonment of the patient or unprofessional conduct under section 1354 of Title 26.

§ 5293.  HEALTH CARE FACILITY EXCEPTION

Notwithstanding any other provision of law, a health care facility may prohibit an attending physician from writing a prescription for medication under this chapter for a patient who is a resident in its facility and intends to use the medication on the facility’s premises, provided the facility has notified the attending physician in writing of its policy with regard to such prescriptions.  Notwithstanding subsection 5292(b) of this title, any health care provider who violates a policy established by a health care facility under this section may be subject to sanctions otherwise allowable under law or contract.

§ 5294.  LIABILITIES AND PENALTIES

(a)  With the exception of the immunities established by section 5292 of this title and with the exception of the provisions of section 5296 of this title, nothing in this chapter shall be construed to limit liability for civil damages resulting from negligent conduct or intentional misconduct by any person.

(b)  With the exception of the immunities established by section 5292 of this title and with the exception of the provisions of section 5296 of this title, nothing in this chapter or in section 2312 of Title 13 shall be construed to limit criminal prosecution under any other provision of law.

(c)  A health care provider is subject to review and disciplinary action by the appropriate licensing entity for failing to act in accordance with this chapter, provided such failure is not in good faith.

§ 5295.  FORM OF THE WRITTEN REQUEST

A written request for medication as authorized by this chapter shall be substantially in the following form:

REQUEST FOR MEDICATION

TO HASTEN MY DEATH

I, ___________________ , am an adult of sound mind.

I am suffering from _______________, which my attending physician has determined is a terminal disease and which has been confirmed by a consulting physician.

I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed and potential associated risks, the expected result, and the feasible end-of-life services, including comfort care, hospice care, and pain control.

I request that my attending physician prescribe medication that will hasten my death.

INITIAL ONE:

_____ I have informed my family or others with whom I have a significant relationship of my decision and taken their opinions into consideration.

_____ I have decided not to inform my family or others with whom I have a significant relationship of my decision.

_____ I have no family or others with whom I have a significant relationship to inform of my decision.

I understand that I have the right to change my mind at any time.

I understand the full import of this request, and I expect to die when I take the medication to be prescribed.  I further understand that although most deaths occur within three hours, my death may take longer, and my physician has counseled me about this possibility.

I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions.

Signed: _________________________ Dated: ____________

AFFIRMATION OF WITNESSES

We affirm that, to the best of our knowledge and belief:

(a) that the person signing this request:

(1)  is personally known to us or has provided proof of identity;

(2)  signed this request in our presence;

(3)  appears to understand the nature of the document and to be free from duress or undue influence at the time the request was signed; and

(b) that neither of us:

(1)  is under 18 years of age;

(2)  is a relative (by blood, marriage, civil union, or adoption) of the person signing this request;

(3) is the patient’s attending physician, consulting physician, or a person who has provided counseling for the patient pursuant to section 5284 of this title;

(4) is entitled to any portion of the person’s assets or estate upon death; or

(5) owns, operates, or is employed at a health care facility where the person is a patient or resident.

Witness 1/Date ______________________________________

Witness 2/Date ______________________________________

NOTE:   A knowingly false affirmation by a witness may result in criminal penalties.

§ 5296.  STATUTORY CONSTRUCTION

Nothing in this chapter shall be construed to authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing, or active euthanasia.  Action taken in accordance with this chapter shall not be considered tortious under law, and shall not be construed for any purpose to constitute suicide, assisted suicide, mercy killing, or homicide under the law. 

Sec. 3.  13 V.S.A. § 2312 is added to read:

§ 2312.  Violation of PATIENT CHOICE AND CONTROL AT END OF

       LIFE ACT

A person who violates chapter 113 of Title 18 with the intent to cause the death of a qualified patient as defined in subdivision 5280(9) of that title shall be prosecuted under chapter 53 of this title (Homicide).

Sec. 4.  13 V.S.A. § 2004 is added to read:

§ 2004.  FALSE WITNESSING

A person who knowingly violates the requirements of subsection 5281(c) of Title 18 shall be imprisoned for not more than 10 years or fined not more than $2,000.00, or both.

Sec. 5.  EFFECTIVE DATE

This act shall take effect on September 1, 2007.

(Committee vote: 6-4-1)

H. 73

     An act relating to water management types for state waters.

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.  FINDINGS

The general assembly finds and declares that:

(1)  It is the settled policy of the state as set forth in section 1250 of this title to protect and enhance the existing quality, character, and usefulness of surface water and to seek over the long term to upgrade the quality of the surface waters of the state.

(2)  The adoption of any water management types within the classifications of state surface waters shall conform to the state water policy.

(3)  During the process preceding adoption of revised basin plans for the state, the secretary of natural resources shall maximize public participation and public input in a manner consistent with the department of conservation’s 2004 Vermont watershed initiative guidelines for watershed planning.

(4)  Basin plans or water management type designations and redesignations proposed by the agency of natural resources shall include sufficient information and documentation to ensure transparency regarding agency decision-making.

(5)  The agency of natural resources is expected to and should strive to update all 17 basin plans for the state by the 2010 deadline authorized by this act.

Sec. 2.  10 V.S.A. § 1251a(c) is added to read:

(c)  The secretary of natural resources shall propose for point source discharges to state waters an implementation process for the antidegradation policy of the water quality standards of the state and shall seek the concurrence of the water resources panel of the board prior to initiating rulemaking for adoption of an implementation process.

Sec. 3.  10 V.S.A. § 1253(d) is amended to read:

(d)  The board shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by it before 1981 following the procedures in sections 1254 and 1258 of this title.  Those waters shall be classified in the public interest.  The secretary shall revise all 17 basin plans by January 1, 2006 December 31, 2010, and update them every five years thereafter.  Prior to July 1, 2008, the secretary may adopt revised basin plans without including proposals for water management types in Class B waters to ensure that the strategies to improve and restore waters contained in the basin plans are available to the people of the state.  On or before January 1 15 of each year, the secretary shall report to the house committees on agriculture and natural resources and energy on fish, wildlife and water resources and to the senate committees on agriculture and on natural resources and energy regarding the progress made and difficulties encountered in revising basin plans.  By January 1, 1993, the secretary shall prepare an overall management plan to ensure that the water quality standards are met in all state waters.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

(Committee vote: 9-0-0)

H. 99

     An act relating to a legislative interim study committee on public libraries.

Rep. Moran of Wardsboro, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  LEGISLATIVE COMMITTEE ON PUBLIC LIBRARIES; STUDY

             AND REPORT

(a)  There is created a legislative interim study committee to study the impact of Vermont’s public libraries on their communities and the impact that the communities have on their libraries.

(b)  The committee shall consist of three members of the senate appointed by the committee on committees and three members of the house appointed by the speaker of the house, the state librarian or designee, and four members selected by the Vermont library association.  The committee shall elect a chair from among its members.

(c)  The committee shall document the full range of services provided by public libraries and the impact that these services have on their patrons and communities; and consider at what level financial support is needed for public libraries so that they can meet the increased demands of Vermont’s citizens.

(d)   The committee may meet up to eight times.

(e)  Administrative and professional support shall be provided by the legislative council and the department of libraries.

(f)  The committee shall submit to the general assembly a report that details its analysis, findings, and recommendations, including recommended appropriations, by January 15, 2008.

(g)  Citizen and library association members shall be entitled to compensation and reimbursement for travel expenses at state reimbursement rates, unless otherwise compensated for these expenses.

(h)  Legislative members shall be entitled to compensation and reimbursement for travel expenses as provided in section 406 of Title 2.

Sec. 2.  PUBLIC LIBRARY SPECIAL FUND; CREATION

(a)  The public library special fund is created in the Vermont department of libraries for the purpose of funding a statewide grant program for public libraries to maintain the current level of public library services provided to Vermonters, respond to the increasing need and demand for new services; and meet at least minimum standards of quality.

(b)  The fund shall be consist of donations, gifts, any funds appropriated by the general assembly, or received from any other source, private or public.  All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund.  Interest earned by the fund shall remain in the fund.

(c)  Grants shall be authorized by the department, pursuant to rules adopted by the department.  The rules shall require at a minimum that:

(1)  A library meets minimum standards of quality to be eligible for a grant.

(2)   The grant shall be for no more than ten percent of the library’s operating budget, utilizing a formula based on total local income.

(3)  The grant shall not be used by the library or the municipality in which the library is located to replace or reduce local funding provided for library operations.

Sec. 3.  APPROPRIATIONS

There is appropriated from the general fund in fiscal year 2008 the following

(1)  $7,500.00 to the Vermont legislative council to carry out the provisions of Sec. 1 of this act.

(2)  $10,000.00 to the Vermont department of libraries to fund the Public library special fund created in Sec. 2 of this act.

(Committee vote: 7-0-0)

H. 154

     An act relating to relating to stormwater management.

Rep. Shaw of Derby, 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. § 1264(f) is amended to read:

(f)(1)  In a stormwater-impaired water, the secretary may issue:

(A)  An individual permit in a stormwater-impaired water for which no TMDL, water quality remediation plan, or watershed improvement permit has been established or issued, provided that the permitted discharge meets the discharge standard set by rule;

(B)  A watershed improvement permit, provided that the watershed improvement permit provides reasonable assurance of compliance with the Vermont water quality standards in five years;

(C)  A general or individual permit that is implementing a TMDL or water quality remediation plan; or

(D)  A statewide general permit for new discharges that the secretary deems necessary to assure attainment of the Vermont water quality standards.

(2)  An authorization to discharge regulated stormwater runoff pursuant to a permit issued under this subsection shall be valid for a time period not to exceed five years.  A person seeking to discharge regulated stormwater runoff after the expiration of that period shall obtain an individual permit or coverage under a general permit, whichever is applicable, in accordance with subsection 1263(e) of this title.

(3)  By September 30, 2007 January 15, 2010, the secretary shall issue a watershed improvement permit, submit a TMDL to the EPA for approval issue a general or individual permit implementing a TMDL approved by the EPA, or establish issue a general or individual permit implementing a water quality remediation plan for each of the stormwater-impaired waters on the Vermont Year 2004 Section 303(d) List of Waters required by 33 U.S.C.

§ 1313(d).  In developing a TMDL or a water quality remediation plan for a stormwater-impaired water, the secretary shall consult “A Scientifically Based Assessment and Adaptive Management Approach to Stormwater Management” and “Areas of Agreement about the Scientific Underpinnings of the Water Resources Board’s Original Seven Questions” set out in appendices A and B, respectively, of the final report of the water resources board’s “Investigation Into Developing Cleanup Plans For Stormwater Impaired Waters, Docket No. Inv-03-01,” issued March 9, 2004.  Beginning January 30, 2005 and until a watershed improvement permit, a general or individual permit implementing a TMDL, or a general or individual permit implementing a water quality remediation plan is set for each of the stormwater-impaired waters on the Vermont Year 2004 Section 303(d) List of Waters required by 33 U.S.C. § 1313(d), the secretary shall report annually to the general assembly on agency progress in establishing the watershed improvement permits, TMDLs, and water quality remediation plans for the stormwater-impaired waters of the state; on the accuracy of assessment and environmental efficacy of any stormwater impact fee paid to the state stormwater-impaired waters restoration fund; and on the efforts by the secretary to educate and inform owners of real estate in watersheds of stormwater-impaired waters regarding the requirements of the state stormwater law.

Sec. 2.  27 V.S.A. § 613(e) is amended to read:

(e)  This section shall not apply to any impaired watershed for which the secretary of natural resources has issued a watershed improvement permit, submitted issued an individual permit under a total maximum daily load approved by the U.S. Environmental Protection Agency, issued a general permit implementing a total maximum daily load to approved by the U.S. Environmental Protection Agency, or established issued a general or individual permit implementing a water quality remediation plan.

Sec. 3.  EXTENSION OF SUNSET OF INTERIM STORMWATER
 PERMITTING PROGRAM AND CONVEYANCE OF REAL
 ESTATE WITH STORMWATER PERMITS

Sec. 10 of No. 140 of the Acts of the 2003 Adj. Sess. (2004), as amended by Sec. 8 of No. 154 of the Acts of the 2005 Adj. Sess. (2006), is further amended to read:

Sec. 10.  SUNSET

(a)  Sec. 2 of this act (interim permitting authority for regulated stormwater runoff), except for subsection 1264a(e) of Title 10, shall be repealed on September 30, 2007 January 15, 2010.

(b)  Sec. 4 of this act (local communities implementation fund) shall be repealed on September 30, 2012.

(c)  Sec. 6 of this act (stormwater discharge permits during transition period) shall be repealed on September 30, 2007 January 15, 2010.

Sec. 4.  AGENCY OF NATURAL RESOURCES REPORT ON IMPLEMENTATION OF STORMWATER TMDLS

Beginning January 15, 2009, and every two years thereafter, the agency of natural resources’ report required under 10 V.S.A. § 1264(f)(3) regarding agency progress in establishing watershed improvement permits, TMDLs, or water quality remediation plans for the stormwater‑impaired waters of the state shall include a review and analysis of the effectiveness of any TMDL implemented by the agency of natural resources for a stormwater impaired water of the state.  Prior to issuing the report required under this section, the agency of natural resources shall hold a public hearing in each watershed of a stormwater impaired water for which a permit has been issued implementing a total maximum daily load.  The review and analysis required by this section shall include:

(1)  An assessment of the implementation plan for the TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2)  An assessment of the hydrologic targets of the TMDL based on available data, including an evaluation of the adequacy of the hydrologic targets of the TMDL;

(3)  Recommendations, if any, for amending an implementation plan or reopening a TMDL.

(Committee vote: 9-0-0)

H. 175

     An act relating to increasing funeral benefits under workers’ compensation.

Rep. Baker of West Rutland, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  21 V.S.A. § 639 is amended to read:

§ 639.  -DEATH,; PAYMENT TO DEPENDENTS

In cases of the death of a person from any cause other than the accident during the period of payments for disability or for the permanent injury, the remaining payments for disability then due or for the permanent injury shall be made to the person's dependents according to the provisions of sections 635 and 636 of this title, or if there are none, the remaining amount due, but not exceeding $5,500.00 $10,000.00 for burial and funeral expenses and expenses for out-of-state transportation of the decedent to the place of burial not to exceed $1,000.00, shall be paid in a lump sum to the proper person.

(Committee vote: 7-0-0)

H. 296

     An act relating to potable water supply and wastewater system permitting.

Rep. Johnson of Canaan, 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.  FINDINGS

The general assembly finds that:

(1)  The agency of natural resources’ assumption on July 1, 2007 of statewide jurisdiction over the permitting program for on‑site wastewater and potable water supply systems and implementation of the rules adopted under that program are intended to protect human health and the environment, prevent the creation of health hazards or unsanitary conditions, and ensure the availability of an adequate supply of potable water.

(2)  The cost of compliance with the state on‑site wastewater systems and potable water supply rules when replacement of a failed wastewater or potable water supply system is required can be expensive and, consequently, difficult for many homeowners in Vermont to afford.

(3)  To avoid burdening homeowners or jeopardizing a homeowner’s ability to remain in his or her home, the general assembly expects the agency of commerce and community development to commit at least an additional $1 million to the regional revolving loan fund to be available for community development block grants that can be used by income‑eligible Vermont homeowners for the replacement of failed wastewater or potable water supply systems.

(4)  The agency of administration and the agency of commerce and community development should encourage other funding providers, such as the Vermont housing and conservation board and the Vermont housing finance agency, to develop programs or contribute funds to help homeowners in Vermont afford the cost of replacing failed wastewater or potable water supply systems.

Sec. 2.  10 V.S.A. § 1972(4), (5), and (6) are amended to read:

§ 1972.  DEFINITIONS

For the purposes of this chapter:

* * *

(4)(A)  “Failed supply” means a potable water supply:

(i)  that is contaminated so that it is rendered not potable has been found to exceed the standard set by the secretary in rule for one or more of the following contaminants:

(I)  total coliform;

(II)  nitrates;

(III)  nitrites;

(IV)  arsenic; or

(V)  uranium; or

(ii)  that is providing an insufficient quantity of water to maintain the permitted use of the building or structure or, if unpermitted, to maintain the usual and customary uses of the building or structure; or

(iii)  where the source, treatment, or conveyance equipment used to provide potable water is broken or inadequate the secretary affirmatively determines as not potable, due to the presence of a contaminated site, a leaking underground storage tank, or other known sources of groundwater contamination or naturally occurring contaminants, and that information has been posted on the agency of natural resources’ website; or

(iii)  the secretary affirmatively determines to be failed due to the supply providing an insufficient quantity of water to maintain the usual and customary uses of a building or structure or campground, and that information has been posted on the agency of natural resources’ website.

(B)  Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if:

(i)  these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to a well, the replacement of a broken pump, repair or replacement of a mechanical component, or deepening or hydrofracturing a well; or

(ii)  these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the supply has recovered from the state of failure.  Supplies which have recurring, continuing, or seasonal failures shall be considered to be failed supplies.

(C)  If a project is served by multiple potable water supplies, the failure of one supply will not require the issuance of a permit or permit amendment for any other supply that is not in a state of failure.

(5)(A)  “Failed system” means a wastewater system that is functioning in a manner:

(i)  that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless, in any of these instances, the approved design of the system specifically requires the system to function in such a manner; or

(ii)  that results in a potable water supply being contaminated and rendered not potable or

(iii)  that presents a threat to human health; or affirmatively determined by the secretary to be a failed supply, and that information has been posted on the agency of natural resources’ website.

(B)  Notwithstanding the provisions of subdivision (A) of this subdivision (5), a system shall not be a failed system if:

(i)  these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump or associated valves, switches and controls; or

(ii)  these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the system has recovered from the state of failure.  Systems which have recurring, continuing, or seasonal failures shall be considered to be failed systems.

(C)  If a project is served by multiple wastewater systems, the failure of one system will not require the issuance of a permit or permit amendment for any other system that is not in a state of failure.

(D)  A wastewater system may be determined to be a failed system by the completion of a site visit that identifies one or more of the conditions set forth in subdivision (A)(i) of this subdivision.

* * *

Sec. 3.  10 V.S.A. § 1973(e) is amended to read:

(e)  No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater system until the secretary receives a statement from an installer or a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the installation‑related information submitted is true and correct and the potable water supply and wastewater system:

(1)  were installed in accordance with:

(A)  the permitted design and all permit conditions,; or

(B)  record drawings and such record drawings are in compliance with the applicable rules, were filed with the secretary, and are in accordance with all other permit conditions;

(2)  were inspected,;

(3)  were properly tested,; and

(4)  have successfully met those performance tests.

Sec. 4.  10 V.S.A. § 1974 is amended to read:

§ 1974.  SINGLE FAMILY RESIDENCES ON THEIR OWN INDIVIDUAL
 
 LOTS EXEMPTIONS

(a)  the provisions of this section shall apply to a single family residence on its own individual lot.

(b)(1)  A subdivided lot containing only one single family residence which required a subdivision permit but did not have one, or which had a subdivision permit but was not in compliance with its permit, is exempt from the permitting requirements of this chapter, provided that the lot was in existence as of January 1, 1999, and that the residence and its associated potable water supply and wastewater system were substantially completed as of January 1, 1999.  This exemption shall terminate if any actions listed in section 1973 of this title occur after January 1, 1999.

(2)  If a subdivision permit had been issued for the lot prior to January 1, 1999, the conditions of that permit concerning actions required to be taken after January 1, 1999, shall remain in effect, including conditions concerning operation and maintenance and transfer of ownership.

(3)  If a residence is exempt under this subsection, the exemption contained in subsection (c) of this section shall not apply.

(c)  A substantially completed single‑family residence on its own individual lot, and its substantially completed associated potable water supply and wastewater system, is exempt from the permitting requirements of this chapter, provided that the lot on which the residence is located was in existence as of the effective date of this act and was exempt from the subdivision permitting requirements that existed on that date.  This exemption shall remain in effect unless and until:

(1)  the lot is subdivided and the resulting lots are not exempt under the applicable rules in existing at the time of subdivision, or

(2)  any other action for which a permit is required under this chapter occurs after July 1, 2007.

(d)  A permit shall not be required for the addition of one or more bedrooms of a single‑family residence on its own lot when:

(1)  the addition of bedrooms is accomplished solely through the modification of the existing residence; and

(2)  the exterior of the residence is not expanded horizontally. ;

(e)  A  permit is not required for the addition of one or more bedrooms or any other attached exterior horizontal expansion to a single‑family residence on its own lot that was exempt from the subdivision permitting requirements that existed on June 13, 2002, provided that:

(1)  a fully complying replacement area has been identified by a licensed designer and a diagram identifying the location of that area is certified by the designer and filed in the land records; and

(2)  no other action for which a permit is required under this chapter occurs after July 1, 2007.

(f)  Notwithstanding the language of subsections (d) and (e) of this section, if the residence has been issued a permit under chapter, the residence shall continue to comply with that permit, until the permit is amended. Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:

(1)(A)  All buildings or structures, campgrounds, and their associated potable water supplies and waste water systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007.  This exemption shall remain in effect provided:

(i)  No action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and

(ii)  If a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including, but not limited to, conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.

(B)  If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.

(C)  An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:

(i)  Conducts or contracts for an inspection of the supply or system;

(ii)  Notifies the secretary of natural resources of the results of the inspection; and

(iii)  Has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.

(g)(2)  Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt.  This exemption does not apply to seasonal camps.

Sec. 5.  10 V.S.A. § 1975(f) is amended to read:

(f)  If the secretary determines that a design or installation certification submitted under this chapter certified information that is untrue or incorrect, or does not reflect the exercise of reasonable professional judgment and, as a result, a potable water supply or wastewater system that has been built is in noncompliance with the rules adopted under this chapter, the person who signed the statement may be subject to penalties and required to take all actions necessary to remediate the situation in accordance with the provisions of chapters 201 and 211 of this title  If a person who signs a design or installation certification submitted under this chapter certifies a design, installation or related design or installation information and, as a result of the person’s failure to exercise reasonable professional judgment, submits design or installation information that is untrue or incorrect, or submits a design or installs a wastewater system or potable water supply that does not comply with the rules adopted under this chapter, the person who signed the certification may be subject to penalties and required to take all actions to remediate the affected project in accordance with the provisions of chapters 201 and 211 of this title.

Sec. 6.  10 V.S.A. § 1978 is amended to read:

§ 1978.  RULES

(a)  The secretary shall adopt rules, in accordance with chapter 25 of Title 3, necessary for the administration of this chapter.  These rules shall include, but are not limited to, the following:

(1)  performance standards for wastewater systems, including performance standards;

(2)  design flow standards for potable water supplies and wastewater systems, including:

(A)  design flow standards for a single‑family residence on its own lot with a minimum of one bedroom; and

(B)  an amendment of the design flow standards for wastewater systems that updates the design flow requirements in the agency of natural resources wastewater system and potable supply rules in order to reflect existing or proposed use of a wastewater system;

(C)  design flow standards that allow for the use of maximum efficiency measures, such as waterless toilets, composting toilets, and other innovative or alternative designs;

(3)  design requirements, including isolation distances and site conditions or situations when identification or design of a fully complying replacement area is not required;

* * *

(d)  The secretary shall not adopt rules under this chapter that allow wastewater systems that serve lots created after the effective date of this act to be constructed on ground with a maximum slope in excess of 20 percent.  This limitation shall not apply to replacement wastewater systems.

* * *

(Committee vote: 9-0-0)

H. 332

     An act relating to sale and closure of mobile home parks.

Rep. Trombley of Grand Isle, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by adding Secs. 1a and 3a to read as follows:

Sec. 1a.  10 V.S.A. § 6236(c), (d), and (e) are amended to read:

(c)  A prospective resident shall be furnished with a copy of the proposed lease prior to any agreement to lease or occupy a mobile home lot, and upon acceptance of the lease terms the lease shall be signed by the lessor and lessee. Any provision in a lease governing rental and utility charges shall be effective for a minimum of one year, except in the case of a new tenant in a mobile home park in which there is a uniform rent schedule which affects all lots in that park simultaneously.  The initial lease for a new tenant may include the anticipated increase in the rent and utility charge at the time it occurs for the other lots.  A mobile home park owner shall provide residents with a minimum of 60 days notice prior to any rent increase.  Rent increase notices shall not be given within six months prior to the issuance of a closure notice or any time during which the closure notice is in effect.  All increases in rent received by the mobile home park owner during the six months prior to the issuance of a closure notice shall be returned to the affected residents within seven days of issuance of the closure notice.  This subsection shall not apply to proprietary leases in mobile home parks owned by limited equity housing cooperatives established under chapter 14 of Title 11.  The rental and utility charge may be increased during a year if the operating expenses of the park increase 20 percent or more during that year as the result of legislative action taken during that year and the increase could not have been anticipated.  The rental and utility charge may be increased during a year only to the extent necessary to cover the increase in operating expenses of the park.

(d)  No person shall sublease a mobile home resident may sublet the resident's mobile home without the express permission or a lot in a mobile home park without first obtaining the approval of the park owner, which shall not be unreasonably withheld.  A violation of this subsection shall be grounds for eviction.

(e)  All mobile home leases shall contain the following:

* * *

(5)  The requirement of to obtain permission, if any, from the park owner for subletting a mobile home or a lot to another person.

* * *

Sec. 3a.  10 V.S.A. § 6240 is amended to read:

§ 6240.  SALE OF HOMES LOCATED IN PARKS

(a)  No person shall purchase a mobile home in a mobile home park without first obtaining approval from the park owner which shall not be unreasonably withheld.  A violation of this section shall be grounds for eviction.

(b)  Prior to selling a mobile home located in a mobile home park, the mobile home owner shall notify the park owner by certified or registered mail of the name of the prospective purchaser.  The seller may be held liable by the purchaser or prospective purchaser for failure to comply with this section.

(b)(c)  A purchaser or prospective purchaser of a mobile home located in a park shall not be refused entrance if the purchaser and his the purchaser’s household qualify under the lease terms admission policy of the park.  Upon approval for entrance into the mobile home park, the purchaser or prospective purchaser shall be offered a written lease pursuant to section 6236 of this title.

(c)(d)  A park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless he the park owner contracts to sell the home.

(Committee vote: 7-0-0)

H. 353

     An act relating to employee free choice for bargaining representative.

Rep. Head of South Burlington, for the Committee on General, Housing and Military Affairs, recommends the bill be amended in Sec. 1, 3 V.S.A. §941(g) on page two beginning by striking subdivision (4) in its entirety and inserting in lieu thereof the following:

(4)  Notwithstanding subdivisions (1), (2), and (3) of this subsection, if the board determines that the petition filed bears the signatures of 50 percent plus one or more of the employees in the bargaining unit deemed appropriate by the board, it shall certify the petitioner as the bargaining representative.  Certification under this subdivision applies only when no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit.  The board shall develop policies and procedures to implement this subdivision.

(Committee vote: 4-3-0)

H. 449

     An act relating to foster care services and supports.

Rep. French of Randolph, for the Committee on Human Services, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  33 V.S.A. § 4904 is added to read:

§ 4904.  FOSTER CARE; TRANSITIONAL YOUTH SERVICES

(a)  For purposes of this section, “youth” means a person between 18 and 22 years of age who either:

(1)  attained his or her 18th birthday while in the custody of the commissioner for children and families; or

(2)  while he or she was between 10 and 18 years of age, spent at least five of those years in the custody of the commissioner for children and families.

(b)  The department shall provide foster care services to any youth who elects to continue receiving such services after attaining the age of 18, provided that the youth is employed or attends an educational or vocational program, as defined by rule, and provided that, if the youth is working, he or she contributes to the cost of services based on a sliding scale defined by rule, unless the youth meets the criteria for an exception to the work training requirements of this section based on a disability or crisis situation established by the commissioner.

(c)  The commissioner shall establish by rule programs that provide support services for youth, including housing assistance, transportation, case management services, and other services.

(d)  The commissioner shall establish by rule a process for allowing any individual under the age of 22 who leaves state custody between 16 and 18 years of age or any youth, as defined in subsection (a) of this section, to reinstate some level of support services, provided he or she voluntarily requests additional support services.

(e)  The commissioner shall establish a method for measuring, evaluating, and reporting the outcomes of transitional services provided under this section.

* * * Health Care Coverage * * *

Sec. 2.  33 V.S.A. § 1902(c) is added to read:

(c)(1)  If the youth otherwise meet the eligibility requirements of Medicaid or Dr. Dynasaur, the agency of human services shall provide coverage for health services through Medicaid or Dr. Dynasaur for the following youth, reflecting the following priorities in the following order:

(A)  An individual up to the age of 21 if the individual is in the custody of the state, upon that individual’s 18th birthday.

(B)  An individual up to the age of 21 if the individual has a developmental disability as defined in subdivision 8722(2) of Title 18 or has a severe emotional disturbance as defined in subdivision 4301(3) of this title.

(C)  An individual 18 years of age or older who is a full-time student in a secondary school or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching the age of 19 or is not expected to complete the educational program before reaching age 19 solely due to a documented disability.

(2)  The secretary of human services shall assess and report to the general assembly not later than November 30, 2007 the estimated additional cost of providing health care coverage under subdivision (1)(B)(ii) of this subsection to individuals who meet the broader federal definition of developmental disability as provided in the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. 15002 Sec. 102(8), as well as a report on the number of Vermonters up to the age of 21 who fall within this definition compared to the number that meet the state definition of developmental disability under subdivision 4301(3) of this title.

(3)  For purposes of clinical eligibility standards for the adult community rehabilitation and treatment (CRT) program, the agency of human services shall deem the treatment history criterion to be met if an individual has received wraparound services for a severe emotional disturbance as defined in subdivision 4301(3) of this title within the prior 12 months.

(4)  If the individual is enrolled in Medicaid or Dr. Dynasaur, the agency shall not require a new application form or application procedure for continuation of coverage after age 18.  This subdivision is not intended to interfere with existing agency recertification procedures.

Sec. 3.  33 V.S.A. § 1901(f) is added to read:

(f)  The secretary shall not impose a co-payment requirement for individuals under 21 years of age enrolled in Medicaid or Dr. Dynasaur.

Sec. 4.  MEDICAID; TRANSITION BETWEEN PROGRAMS; YOUTH

(a)  The agency shall consult with advocacy organizations that represent children’s issues or that represent issues relating to individuals with disabilities on the content of the notices to be sent regarding the eligibility review and transition from Medicaid or Dr. Dynasaur to another program when a youth becomes ineligible for coverage due to age.  The agency shall assist a youth in state custody in applying for health care coverage by completing the application on the youth’s behalf and ensuring that the necessary documentation is provided to ensure a seamless transition to another health care coverage program. 

(b)  For youth who are not eligible for Medicaid or Dr. Dynasaur due to age, the agency of human services or designee shall report to the general assembly not later than November 30, 2007 the costs and strategies for implementing a program to ensure that a youth age 18 up to 21 living with parents is considered a separate household from the youth’s parents for the purposes of both the parents’ and the youth’s eligibility for Medicaid and the Vermont health access plan.

Sec. 5.  REPORT ON HEALTH CARE COVERAGE

Not later than November 30, 2007, the agency shall provide the house committee on human services and the senate committee on health and welfare with a report on the number of youth who successfully transitioned from Medicaid or Dr. Dynasaur to another source of health care coverage on the youth’s 21st birthday.  The report shall also include the number of youth who became uninsured at age 21 and the reason why the youth was not eligible for Medicaid, the Vermont Health Access Plan, Catamount Health, Catamount Health Assistance, or an employer-sponsored insurance program.


* * * Transitional Services for Youths with Developmental Disabilities * * *

Sec. 6.  STUDY ON TRANSITIONAL SERVICES FOR YOUTHS

The secretary of administration, in consultation with the secretary of human services, the commissioner of labor, the commissioner of disabilities, aging, and independent living, and the commissioner of education, shall study the costs and benefits of providing necessary transitional services up to age 22 for a youth who has been in the custody of the state; has a functional developmental disability and has been receiving state-funded services or services under an individualized education program (IEP) on the youth’s 18th birthday; or has been receiving state-funded services for severe emotional disturbance on his or her 18th birthday, in order to assist the youth in becoming a self-sufficient adult.  The secretary of administration shall solicit and summarize in his or her final report input from consumers, providers, and representatives of disability organizations, including the Vermont federation of families for mental health, the Vermont coalition of disability rights, the Vermont council of developmental and mental health services, and the Vermont developmental disabilities council.  The secretary of administration shall report the results of this study to the house committee on human services and the senate committee on health and welfare not later than November 30, 2007.

* * * Effective Date * * *

Sec. 7.  EFFECTIVE DATE

This act shall become effective upon passage for the purposes of allowing the agency of human services to adopt or amend rules and to implement subsection (a) of Sec. 4.  The provisions in this act relating to health care shall be implemented not later than January 1, 2008, subject to federal approval, if required.  Otherwise, the provisions in this act shall be implemented not later

(Committee vote: 11-0-0)

Favorable

H. 149

     An act relating to liquor identification and tobacco licenses.

     Rep. Wright of Burlington, for the Committee on General, Housing, and Military Affairs, recommends the bill ought to pass.

(Committee Vote: 7-0-0)

 

 

H. 372

     An act relating to the rendering of nursing and medical services by professional corporations.

Rep. Jerman of Essex, for the Committee on Government Operations, recommends the bill ought to pass.

(Committee Vote: 11-0-0)

H. 429

     An act relating to underground and aboveground storage tanks.

Rep. Krawczyk of Bennington, for the Committee on Natural Resources and Energy, recommends the bill ought to pass.

(Committee Vote: 11-0-0)

JOINT ASSEMBLY

     Thursday, March 22, 2007 - 10:30 A.M. - House Chamber - Retention of Superior Court Judges:  Hon. William Cohen, Hon. M. Kathleen Manley, Hon. Matthew Katz.

     Retention of District Judges:  Hon. James Crucitti, Hon. M. Patricia Zimmerman, Hon. Ben Joseph, and Hon. Thomas Zonay.

 

SENATE APPROPRIATIONS COMMITTEE

FY 2008 Budget

ADVOCATES TESTIMONY

     On Monday afternoon, March 26 beginning at 3:00 pm, the Senate Appropriations Committee will be taking testimony from advocates regarding the Fiscal Year 2008 Budget in Room 10 of the State House.  To schedule time before the Committee please contact Becky Buck at the Legislative Joint Fiscal Office located at 1 Baldwin Street (phone:  828-5969).  

 

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us