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House Calendar



House Convenes at 10:00 A M


                                                                                                               Page No.


     Action Postponed Until Tuesday, April 10, 2007


H.  94  Retail Sales and Taxing of Specialty Beers.......................................... 801

Third Reading

H. 535  State law Enforcement Study Committee........................................... 801

               Rep. Perry amendment…………………………………………...801

J.R.S. 22  Urging Congress to Enact S. 340.................................................. 801

Favorable with Amendment

S. 124  Options for Inpatient Psychiatric Hospital Services.............................. 801

               Rep. Fisher for Human Services

               Rep. M. Johnson for Appropriations……………………………..804



S. 120  Relating to Wine Tastings and Farmers’ Markets................................ 804

               Rep. McCormack of Rutland City

Senate Proposal of Amendment

H. 360  Employment Protection and Training for VT Guard Members............. 804





     Action Postponed Until Tuesday, April 10, 2007


H. 94

     An act relating to retail sales and taxing specialty beers.

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

(Committee Vote: 6-1-0)

Third Reading

H. 535

An act relating to the creation of a state law enforcement study committee.

Rep. Perry of Richford moves to amend the bill as amended by the committee on Appropriations on page 1 lines 18 and 19 by striking the  following:  “the director of the Vermont state police or his or her designee

J. R. S. 22

Joint resolution urging Congress to enact S. 340 the “Agricultural Job Opportunities, Benefits, and Security Act of 2007” (the AgJOBS Act of 2007).

Favorable with Amendment

S. 124

An act relating to planning and evaluating options for inpatient psychiatric hospital services.

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


(a)  The general assembly recognizes that there are some regulatory and legislative constraints on the department of health’s planning efforts related to developing new inpatient psychiatric services.  Nevertheless, the general assembly finds:

(1)  There has been inadequate evaluation of the options available to the state regarding the provision of inpatient psychiatric hospital services which are now provided at the Vermont state hospital (VSH).

(2)  The projected costs to plan, construct, and privately operate a 40‑ to 60‑patient bed facility on the main campus of Fletcher Allen Health Care (FAHC) in Burlington have not been adequately analyzed and compared with the projected costs of a publicly operated state facility or several smaller private or public facilities across the state.  Furthermore, FAHC has not made the necessary 50‑year commitment to host and operate the facility.

(3)  As found by the Public Oversight Commission (POC) in its recommendation dated January 10, 2007 concerning the VSH Conceptual certificate of need (CON), the construction cost for new inpatient services approaches $100 million which, the POC suggested, is beyond the fiscal capability of the state if the overall components of the Futures Project, including necessary expansions to the community mental health system, were to be implemented and adequately funded.

(4)  No operating cost estimates of the proposed FAHC inpatient psychiatric facility or any other facility have been developed.

(5)  No determinative analysis has been made of the costs and policy implications that will be required to meet federal funding requirements associated with partnering or not partnering with a general hospital. 

(6)  Issues of concern to potential host communities have not been adequately addressed, including governance, accountability, and sustainability; design and development of the facility; public safety; the impact on municipal services, housing, community mental health programs, other community resources, and reimbursement to the host communities for the costs associated with such impacts.

(7)  The state’s community mental health system may be threatened by the cost to operate psychiatric inpatient services that are not adequately planned within the budgetary context of the full continuum of necessary mental health services.

(b)  The general assembly reaffirms its intent as stated in Sec. 141a of No. 122 of the Acts of the 2003 Adj. Sess. (2004) that all mental health programs, services, and supports, including inpatient psychiatric services, be provided to individuals with psychiatric disabilities or diagnoses or emotional disorders in a holistic, comprehensive continuum of care, that consumers be treated at all times with dignity and respect, that public resources be allocated efficiently and produce the best positive outcomes, and that direct services overseen and provided by the agency of human services and its community partners be client- and family-centered and -driven, accessible, and culturally competent, and it furthermore reaffirms the guiding principles identified therein for purposes of the Futures Plan.

(c)  Notwithstanding any provision of law to the contrary, the remaining balance of the $1 million appropriated in Sec. 271(a)(3) of No. 215 of the Acts of the 2005 Adj. Sess. (2006) shall remain subject to the requirements as directed in Sec. 4 of  No. 147 of the Acts of the 2005 Adj. Sess. (2006), subdivisions (a)(2)(A)(ii) and (a)(2)(B), for use by the department of buildings and general services for the agency of human services to continue planning, designing, and permitting associated with the creation of a new inpatient facility to replace the current Vermont state hospital, except such funds expended for consulting services described in subsection (d) of this section.

(d)(1)  The committee on committees of the senate and the speaker of the house are authorized to retain one or more consultants to:

(A)  compile, analyze, and review the planning that has been done to date for replacing the services now provided at the VSH, including a review of the feasibility of recertifying the existing state hospital and obtaining authority to secure federal funding to support its operations;

(B)  investigate and make recommendations on the necessary steps to secure federal funding for the development of one or more regional or satellite psychiatric facilities in conjunction with other general hospitals and institutions for mental diseases, or stand-alone facilities, or both;

(C)  review and make recommendations regarding the feasibility of all the options available to the state for providing inpatient psychiatric services, taking into account the capacity needed; the time required to achieve the delivery of services; projected capital and operational costs; assurances of quality of care; the extent to which there will be integration with the chronic care initiative and integration of mental health care with overall health care; and the alternatives of public, private, public-private partnership, or other combination of operation and ownership structures; and

(D)  analyze the impact of the population involved in the criminal justice system on the needs, services, and costs of inpatient psychiatric hospitalization.

(2)  The committee on committees of the senate and the speaker of the house are authorized to spend up to $100,000.00 from the appropriation referenced in subsection (c) of this section to accomplish the purposes of this subsection. 

(3)  The consultant or consultants shall report preliminary progress on or before May 1, 2007  jointly to the chairs of the House and Senate Appropriations and Institutions Committees, the Senate Health and Welfare Committee, and the House Human Services Committee.  A final report shall be submitted to the above mentioned committee chairs, and to the Joint Fiscal Committee, the Mental Health Oversight Committee, the Secretary of Administration, and the Secretary of Human Services no later than June 30, 2007.

Sec. 2.  EFFECTIVE DATE                         

This act shall take effect from passage.

(Committee vote: 10-0-1)

Rep. Johnson of South Hero, for the Committee on Appropriations, recommends that the House propose to the Senate that the bill be amended as proposed by the Committee on Human Services and when further amended in Sec. 1(d)(3), by striking “May” and inserting in lieu thereof September and by striking “June 30” and inserting in lieu thereof November 1



S. 120

An act relating to wine tastings and farmers’ markets.

Rep. McCormack of Rutland City, for the Committee on General, Housing and Military Affairs, recommends that the bill ought to pass in concurrence.

(Committee Vote: 8-0-0)

Senate Proposal of Amendment

H. 360

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

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

Sec. 1.  21 V.S.A. § 491(a) is amended to read:

(a)  Any duly qualified member of the “reserve components of the armed forces,” of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay.  If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position shall upon request be entitled to leaves of absence for a total of 15 days in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority.  A leave of absence shall be with or without pay as determined by the employer.  Upon completion of the military drill, training, or other temporary duty under military authority, the a full-time employee shall be reinstated in that position with the same status, pay, and seniority, including seniority that accrued during the period of absence.

















Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont