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House Calendar

THURSDAY, MARCH 22, 2007

79th DAY OF BIENNIAL SESSION

House Convenes at 1:00  P M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Unfinished Business of Tuesday, March 20, 2007

Favorable

H. 149  Liquor Identification and Tobacco Licenses....................................... 419

               Rep. Wright for General, Housing and Military Affairs

Unfinished Business of Wednesday, March 21, 2007

Committee Bills for Second Reading

H. 521    Miscellaneous Substantive Tax Amendments.................................... 419

               Rep. Smith for Ways and Means

H. 522    Viability of Vermont Agriculture....................................................... 419

               Rep. Zuckerman for Agriculture

               Amendment by Rep. Zuckerman...................................................... 419

     Action Postponed Until Thursday March 22, 2007

H. 353  Employee Free Choice for Bargaining Representative......................... 419

               Rep. Head for General, Housing and Military Affairs

NEW BUSINESS

Third Reading

H.  73  Water Management Types for State Waters....................................... 419

H. 154  Relating to Stormwater Management................................................. 419

H. 175  Increasing Funeral Benefits Under Workers’ Compensation............... 420

H. 332  Sale and Closure of Mobile Home Parks........................................... 420

H. 372  Nursing and Medical Services by Professional Corporations.............. 420

Committee Bill for Second Reading

H. 525  VT Fire Service Training Council Fire Safety..................................... 420

               Rep. Clark of St. Johnsbury for Government Operations

Favorable with Amendment

H. 361  Pay Scale, Death Benefit & Tuition for Members of Nat’l Guard........ 420

               Rep. Baker for General, Housing and Military Affairs

               Rep. Acinapura for Appropriations.................................................. 421

Favorable

H. 400  Health Insurance Benefits by Group C Members VSRS..................... 421

               Rep. Atkins for Government Operations

               Rep. Morley for Appropriations....................................................... 421

H. 402  Recapture Health Insurance Benefits  Group F Members VSRS......... 421                                Rep. Atkins for Government Operations

               Rep. Morley for Appropriations....................................................... 421

H. 527  Relating to the State’s Transportation Program................................... 421

               Rep. Westman for Transportation

               Rep. Larson for Appropriations

               Rep. Westman Amendment

For Action Under Rule 52

H.R.  14  Requesting Congress Assure Veterans Health Care......................... 422

Action Postponed Until Friday, March 23, 2007

Favorable with Amendment

H. 380  Regulation of Health Care Facilities.................................................... 422                                Rep. Keogh for Health Care

NOTICE CALENDAR

Favorable with Amendment

H.  99   Legislative Study Committee Public Libraries..................................... 422                                Rep. Moran for General, Housing and Military Affairs

               Rep. Hutchinson  for Appropriations................................................ 424

H. 296  Potable Water Supply and Wastewater System Permitting................. 424

               Rep. Johnson for Fish, Wildlife and Water Resources

               Rep. Morley for Appropriations....................................................... 431

H. 433  Workforce Development Programs and Internships............................ 431

               Rep. Kupersmith for Commerce

               Rep. Bostic for Appropriations       

 

H. 449  Foster Care Services and Support..................................................... 435

               Rep. French for Human Services

               Rep. Miller for Appropriations......................................................... 438

 

 

Favorable

H. 429  Underground and Aboveground Storage Tanks................................. 439

               Rep. Krawczyk for Natural Resources and Energy

               Rep. Morley for Appropriations....................................................... 439

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R.  74  Congratulating Mt Anthony UHS Girls Basketball Team.............. 439

H.C.R.  75  Congratulating Mt Anthony UHS Nordic Ski Teams................... 439

H.C.R.  76  Honoring Federal TRIO Programs in VT.................................... 440

H.C.R.  77  Honoring Dept. Sec. ANR Canute E. Dalmasse.......................... 440

H.C.R.  78  In Memory of George H. Duke of Dummerston.......................... 440

H.C.R.  79  2007 Winners of Prudential Spirit of Community Award.............. 440

H.C.R.  80  In Memory of Fletcher Baird Joslin............................................. 440

H.C.R.  81  In Memory of Armand Compagna of Bristol............................... 440

S.C.R.  12  Congratulating Rutland H S Champion Football Team ................. 440

S.C.R.  13  Congratulating Essex HS Champion Boys Hockey Team............. 440


 

ORDERS OF THE DAY

ACTION CALENDAR

     Unfinished Business of Tuesday, March 20, 2007

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)

Unfinished Business of Wednesday, March 21, 2007

Committee Bills for Second Reading

H. 521

     An act relating to miscellaneous substantive tax amendments.

     (Rep. Smith of Morristown will speak for the Committee on Ways and Means.

H. 522

     An act relating to the viability of Vermont agriculture.

     (Rep. Zuckerman of Burlington will speak for the committee on Agriculture.

Amendment to be offered by Rep. Zuckerman to H. 522

Moves the bill be amended by striking Sec. 14 (Act 250 permit amendment) in its entirety and renumbering the remaining sections to be numerically correct.

Action Postponed Until Thursday, March 22, 2007

H. 353

Pending Action: Second reading of the bill.

     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)

Third Reading

H. 73

     An act relating to water management types for state waters.

H. 154

     An act relating to relating to stormwater management.

H. 175

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

H. 332

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

H. 372

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

Committee Bill for Second Reading

H. 525

An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety.

(Rep. Clark of St. Johnsbury will speak for the Committee on Government Operations.)

Favorable with Amendment

H. 361

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

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

Rep. Acinapura of Brandon, for the Committee on Appropriations, recommends the bill be amended by striking Sec. 3 (Appropriations) in its entirety.

(Committee vote: 9-1-1)

Favorable

H. 400

     An act relating to recapture of health insurance benefits by Group C members of the Vermont State retirement System.

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

( Committee Vote: 11-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 10-0-1)

H. 402

     An act relating to recapture of health insurance benefits by Group F members of the Vermont State Retirement System.

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

( Committee Vote: 11-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 10-0-1)

H. 527

     An act relating to the state’s transportation program.

     (Rep. Westman of Cambridge, will speak for the Committee on Transportation)

Rep. Larson of Burlington, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 10-0-1)

Amendment to be offered by Rep. Westman of Cambridge to H. 527

     Moves to amend the bill as follows:

     First:  By striking out Sec. 6(b) in its entirety and inserting in lieu thereof the following:

(b)  These changes are made to eliminate all funding which is proposed to expand or extend the deployment of existing intelligent transportation system programs or to implement new intelligent transportation system initiatives. The agency shall continue to operate the “511” traveler information service at not less than the same level of service as provided in fiscal year 2007.  Subject to these conditions, the secretary, in his or her discretion, shall determine how the reduction in authorized spending will be accomplished within the maintenance program.

     Second:  In Sec. 27 by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b)  Notwithstanding any provision of this chapter, brown-and-white official business directional signs as requested by the local byways organization may be allowed for the purpose of directing travelers to interpretive information sites along officially designated state and federal byways only.  An official business directional sign authorized under this subsection shall be located on the same state designated byway as the interpretive information site to which the sign directs attention.

For Action Under Rule 52

     H. R. 14

     House resolution requesting Congress enact assured federal funding for Veterans’ Health Care

Action Postponed Until Friday, March 23, 2007

H. 380

     An act relating to the regulation of health care facilities.

Pending Action: Second reading of the bill.

NOTICE CALENDAR

Favorable with Amendment

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)

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

Sec. 1.  LEGISLATIVE STAFF STUDY OF LIBRARIES IN OTHER STATES 

(a)       The Joint Fiscal Office and the Legislative Council, with the cooperation of the State department of libraries, shall identify other states that are comparable to Vermont in terms of population or population density. The study shall examine the number of libraries per capita, funding mechanisms, governance structures, and the services provided from the state library.

(b)      A report detailing the results of the study shall be submitted to the general assembly by January 15, 2008.

(Committee vote: 10-0-1)

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)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Fish, Wildlife and Water Resources.

(Committee Vote: 10-0-1)

H. 433

An act relating to the next generation initiative of workforce development through workforce development programs and internships.

(Rep. Kupersmith of South Burlington will speak for the Committee on Commerce.)

Rep. Bostic of St. Johnsbury, for the Committee on Appropriations, recommends the bill be amended as follows:

First:  In Sec. 3, by striking subdivision 10 V.S.A. § 531(a)(1) in its entirety and inserting a new subdivision (a)(1) to read as follows:

(1)  when issuing grants to an employer or consortium of employers, the employer promises as a condition of the grant to increase employment or provide training to enhance employment stability at an existing or expanded eligible facility within the state where eligible facility is defined as in subdivision § 212(6) 212(6) of this title relating to Vermont economic development authority, or the employer or consortium of employers promises to open an eligible facility within the state which will employ persons, provided that for the purposes of this section, eligible facility may be broadly interpreted to include employers in sectors other than manufacturing including the fields of information technology, telecommunications, health care, and environmental technologies; and

Second:  In Sec. 4, by striking 10 V.S.A. § 543(d)(2) in its entirety and inserting a new subdivision (d)(2) to read as follows:

(2)  Proposals that will lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Third:  In Sec. 4, by striking 10 V.S.A. § 544(b)(2) in its entirety and inserting a new subdivision (b)(2) to read as follows:

(2)  Lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Fourth:  In Sec. 4, by striking 10 V.S.A. § 545(a) in its entirety and inserting a new subsection (a) to read as follows:

(a)  There is created a workforce development grant program authorized to award grants to public, private, and nonprofit entities for internship programs that match students from public and private high schools, regional technical centers, the community high school of Vermont, and colleges with Vermont employers. 

Fifth:  In Sec. 4, 10 V.S.A. § 545(b), by striking the last sentence in its entirety

Sixth:  In Sec. 4, by striking 10 V.S.A. § 545(c)(1) in its entirety and inserting a new subdivision (c)(1) to read as follows:

(1)  Do not replace or supplant existing positions in the workplace.

Seventh:  In Sec. 4, 10 V.S.A. § 545(g), after “support” by adding “for the grant award process

Eighth:  After Sec. 4, by inserting a new Sec. 5 to read as follows:

Sec. 5.  16 V.S.A. § 2856(a) is amended to read:

(a)  An active member of the Vermont army national guard or the air national guard may be eligible for an interest-free loan in an academic year for financial assistance to pay for tuition and fees for courses taken at a Vermont college, university, or regional technical center.  Academic year awards may be up to the in-state tuition rate at the Vermont state colleges University of Vermont for that year.  Traditional airmen may receive academic year awards up to $9,500.00 per year.

and by renumbering the remaining sections to be numerically correct

Ninth:  By striking Sec. 6 in its entirety and inserting a new Sec. 6 to read as follows:

* * * Appropriations * * *

Sec. 6.  APPROPRIATIONS

(a)  Nondegree grant program.  The total sum of $1,100,000.00 is appropriated to the Vermont student assistance corporation for its nondegree grant program, which may include living stipends, not to exceed $3,000.00 each, for students participating in workforce development programs.  Of the total amount appropriated in this subsection, $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $600,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(b)  Vermont employment training fund.  The sum of $1,150,000.00 is appropriated, of this, $150,000.00 is from the fiscal 2007 monies transferred to the next generation initiative fund and $1,000,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund to the agency of commerce and community development for the Vermont employment training fund for the issuance of grants pursuant to 10 V.S.A. § 531, which shall be connected to the creation of new jobs. 

(c)  Loan repayment for health care professionals. 

(1)  The sum of $1,200,000.00 is appropriated from the fiscal 2008 monies transferred to the next generation initiative fund to the Vermont student assistance corporation for repayment of commercial or governmental loans for postsecondary health care-related education or training owed by persons living and working in Vermont in the health care field.

(2)(A)   The sum of $950,000.00 is appropriated from the fiscal 2007 monies transferred to the next generation initiative fund to the agency of human services to fund the health professional loan repayment programs administered by the area health education centers (AHEC) through the Vermont department of health.  The loan repayment programs are to be as follows:

(i)  $50,000.00 for nurse educators;

(ii)  $250,000.00 for primary care physicians;

(iii)  $120,000.00 for dentists;

(iv)  $340,000.00 for health care professionals; and

(v)  $190,000.00 for nurses.

(B)  It is the intent of the general assembly that beginning in fiscal year 2009, funding for the health professional loan repayment program shall be a combination of funds from the global commitment fund, general fund, and next generation fund to add up to $2,150,000.00 in total program funds.

(d)  Workforce education and training fund.  The total sum of $2,100,000.00 is appropriated to the department of labor for the workforce education and training fund as follows:

(1)  A total of $1,500,000.00 for the workforce development grant program for innovative training programs created under 10 V.S.A. § 544, of which amount $100,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $1,400,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(2)  A total of $600,000.00 for the workforce development grant program for secondary and postsecondary internships created under 10 V.S.A. § 545, of which amount $300,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(e)  Scholarships.  The total sum of $4,400,000.00 is appropriated to the Vermont student assistance corporation for scholarships as follows:

(1)  A total of $2,900,000.00 to provide scholarships for Vermont students, of which amount $1,200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund and $1,700,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund, including $167,000.00 for the National Guard scholarship program established in section 2856 of Title 16.

(2)  A total of $1,000,000.00 to provide scholarships for academic credit and stipends received in connection with internships, of which amount $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $500,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(3)  A total of $500,000.00 to provide need-based scholarships for secondary students enrolled in dual enrollment courses at postsecondary institutions, of which amount $200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(Committee vote: 10-0-1)

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)

Rep. Miller of Shaftsbury, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Human Services and when further amended by  striking Sec. 2 and inserting a new Sec. 2 to read:

Sec. 2.  HEALTH CARE COVERAGE; STUDY

(a)  The agency of human services, in consultation with the joint fiscal office, shall analyze the cost of providing coverage for health services through Medicaid or Dr. Dynasaur:

(1)  for youth who otherwise meet the eligibility requirements for the programs and meet the following criteria:

(A)  An individual who meets the definition of “youth” in subsection 4904(a) of Title 33;

(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 Title 33.

(C)  An individual who meets 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);

(D)  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)  if the clinical eligibility standards for the adult community rehabilitation and treatment (CRT) program were modified to 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 Title 33 within the prior 12 months.

(b)  The agency shall report the results of the analysis, including the number of individuals included in the estimates and the per-member per-month cost for each group,  to the senate committees on appropriations and on health and welfare and the house committees on appropriations and on human services no later than November 30, 2007.

(Committee vote: 10-0-1)

Favorable

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)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

(Committee vote: 10-0-1)

CONSENT CALENDAR

Concurrent Resolutions for Notice under Joint Rule 16

     The following joint concurrent resolutions have been introduced for approval by the House and Senate and will be adopted automatically unless a Representative or Senator requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the  House Clerk’s office and/or Secretary’s office, respectively.

 (For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, March 22, 2007)

H.C.R.  74

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team

H.C.R.  75

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams 

H.C.R.  76

House concurrent resolution honoring the federal TRIO programs in Vermont

H.C.R.  77

House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters

H.C.R.  78

House concurrent resolution in memory of George H. Duke of Dummerston

H.C.R.  79

House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award

H.C.R. 80

House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the house of representatives

H.C.R.  81

House concurrent resolution in memory of Bristol selectboard member Armand Compagna

S.C.R.  12.

Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team.

S.C.R.  13.

Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys' ice hockey team.

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
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Montpelier, Vermont


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