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House Calendar

FRIDAY, APRIL 13, 2007

101st DAY OF BIENNIAL SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 523  Moving Families Out of Poverty........................................................ 837

Senate Proposal of Amendment

H. 157  Home-Fermented Beverage Competitions......................................... 837

For Action Under Rule 52

J.R.H. 23  National Veterinary Medical Service Act...................................... 837

NOTICE CALENDAR

Favorable with Amendment

H. 290  Relating to Underground Utility Damage Prevention Control............... 837

               Rep. Consejo for Commerce........................................................... 838

S. 77  Transferring Title of a Motor Vehicle to Surviving Spouse..................... 838

               Rep. Flory for Judiciary

Senate Proposals of Amendment

H. 372  Nursing and Medical Services by Professional Corporations.............. 840

H. 510  Relating to Vermont Life Magazine.................................................... 840

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 101  Congratulating Katie Sullivan Teacher of the Year...................... 841

H.C.R. 102  Congratulating UVM Catamounts Men’s Basketball Team......... 841

H.C.R. 103  Honoring Former Speaker of the House Stephan Morse............ 841

H.C.R. 104  In Memory of USA Sgt. Carlton A. Clark of Sharon.................. 841

H.C.R. 105  In Memory of Donald Maley..................................................... 841

H.C.R. 106  Honoring Gary Palmer St. Albans City Fire Chief....................... 841

H.C.R. 107  Congratulating Burr & Burton Boys’ Ice Hockey Team.............. 841

H.C.R. 108  Commending Act 133 Technical Advisory Committee................ 841

H.C.R. 109  Congratulating Crossett Brook ‘Odyssey of the Mind’ Team...... 841

H.C.R. 110  In Memory of Windsor Town Clerk Gloria Tansey..................... 841

H.C.R. 111  Congratulating Windsor HS Girls’ Basketball Team,................... 842

H.C.R. 112  Congratulating Mt. Abraham UHS Eagles Baseball Team........... 842

H.C.R. 113  Congratulating Mt.Abraham UHS Girls’ Field Hockey Team...... 842

H.C.R. 114  Congratulating Carol Eckels 2007 Principal of the Year.............. 842

H.C.R. 115  Woodstock UHS Boys’ and Girls’ Nordic Ski Teams................ 842

H.C.R. 116  Congratulating Taylor Horn VT Nat’l Geographic Bee............... 842

S.C.R.   18  Honoring Robert R.J. George Newport Fire Chief...................... 842

S.C.R.   19  Reeve Lindbergh & Nathaniel Tripp NE Kingdom Citizens......... 842

 


 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Reading

H. 523

An act relating to moving families out of poverty.

Senate Proposal of Amendment

H. 157

     An act relating to home-fermented beverage competitions.

     The Senate proposes to the House to amend the bill by adding a new Sec. 2a to read as follows:

Sec. 2a.  COMMERCIAL CATERERS: STUDY AND REPORT; DEPARTMENT OF LIQUOR CONTROL

The department of liquor control shall issue a report on or before January 15, 2008, to the general assembly.  The report shall include findings and recommendations from a study of the commercial caterers in Vermont, the existing laws that regulate them, the appropriateness of updating these laws to permit commercial caterers to acquire a first or first and third class license that would permit them to serve alcoholic beverages in conjunction with catered events without compromising alcoholic beverage enforcement issues.

(For House Amendments see House Journal February 15, 1007 – Pages  192-194)

For Action Under Rule 52

     J. R. H. 23

     Joint resolution relating to the implementation of the National Veterinary Medical Service Act..

(For text see House Journal April 12, 2007)

NOTICE CALENDAR

Favorable with Amendment

H. 290

     An act relating to underground utility damage prevention system.

Rep. Consejo of Sheldon, for the Committee on Commerce, recommends the bill be amended as follows:

First:  By striking Sec. 2 in its entirety and inserting a new Sec. 2 to read as follows:

Sec. 2.  30 V.S.A. § 7008(a) and (b) are amended to read:

(a)  Any person who violates any provisions of sections 7004, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of up to $1,000.00 no more than $1,000.00 and no more than $5,000.00 for a violation committed within three years of a previous violation, in addition to any other remedies or penalties provided by law or any liability for actual damages.

(b)  Any company which does not mark the location of its underground facilities as required by section 7006 or 7006a of this title shall be subject to a civil penalty of up to $1,000.00 no more than $1,000.00 and no more than $5,000.00 for a violation committed within three years of a previous violation.

Second:  In Sec. 4, by striking the last sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: “Excavation activities shall not include the tilling of the soil for agricultural purposes or, activities relating to routine public highway maintenance, or the use of a hand shovel by a company to locate or service its own facilities.

(Committee vote: 10-0-1)

S. 77

An act relating to transferring title to a motor vehicle to a surviving spouse.

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

Sec. 1.  23 V.S.A. § 2023(e) is amended to read:

(e)(1)  Notwithstanding other provisions of the law, and except as provided in subdivision (2) of this subsection, whenever the estate of an individual who dies intestate consists principally of an automobile in whole or in part of a motor vehicle, and the person’s will or other testamentary document does not specifically address disposition of motor vehicles, the surviving spouse shall be deemed to be the owner of the motor vehicle, and title to the same motor vehicle shall automatically and by virtue hereof pass to said the surviving spouse.  Registration and title of the motor vehicle in the name of the surviving spouse shall be effected by payment of a transfer fee of $7.00.  This transaction is exempt from the provisions of the purchase and use tax on motor vehicles.

(2)  This subsection shall apply to no more than two motor vehicles, and shall not apply if the motor vehicle is titled in the name of one or more persons other than the decedent and the surviving spouse.

Sec. 2.  REPORT

The department of motor vehicles shall report to the house and senate committees on judiciary on the advisability and feasibility of adding a transfer on death provision to motor vehicle titles and registrations.

Sec. 3.  12 V.S.A. § 5531 is amended to read:

§ 5531.  RULES GOVERNING PROCEDURE

(a)  The supreme court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $3,500.00 $5,000.00. Claims for relief other than money damages may not be brought under this chapter. A claim in excess of $5,000.00 may not be split into two or more claims under this chapter. The procedure shall not be exclusive, but shall be alternative to the formal procedure begun by the filing of a complaint.

* * *

Sec. 4.  Rule 2 of the Vermont Rules of Small Claims Procedure is amended to read:

RULE 2.  JURISDICTION PLACE OF SUIT; FILING FEE

(a)  Jurisdiction. Actions on claims for money damages not exceeding $3,500.00 $5,000.00 may be brought under these rules, except claims based on defamation.  Claims for relief other than money damages may not be brought under these rules. A claim in excess of $3,500.00 $5,000.00 may not be split into two or more claims under these rules.

Sec. 5.  12 V.S.A. § 2681 is amended to read:

§ 2681.  EXECUTIONS IN SUPREME AND SUPERIOR COURTS; TIME

(a)  The supreme and superior courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof.  Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section.

(b)  Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any post-judgment costs, fees, and interest allowed by law.

and, that upon passage, the title shall read:  “AN ACT RELATING TO SMALL CLAIMS COURT AND TO TRANSFERRING TITLE TO A MOTOR VEHICLE TO A SURVIVING SPOUSE”

(Committee vote: 10-0-1)

Senate Proposals of Amendment

H. 372

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

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

First:  In Sec. 2, 26 V.S.A. § 1585, in the section catchline, by striking out the words “ADVANCED PRACTICE REGISTERED NURSES” and inserting in lieu thereof the words REGISTERED OR LICENSED PRACTICAL NURSING

Second:  By adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage

(For House Amendments see House Journal March 21, 2007 P. 380)

H. 510

     An act relating to Vermont Life magazine.

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

First:  In Sec. 1, 3 V.S.A. § 2473a(b), in the last sentence, after the words “outside influence”, by adding the words , including that from the legislative or executive branch of state government

Second:  In Sec. 1, 3 V.S.A. § 2473a(c), in the first sentence, by striking out the words “direction of the editor” and inserting in lieu thereof the words supervision of the business manager and at the direction of the publisher

Third:  By adding a new Sec. 2 to read as follows:

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage.

(For House Amendment see House Journal March 16, 2007 P. 341)

CONSENT CALENDAR

Concurrent Resolutions for Notice under Joint Rule 16

     The following joint concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative 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 Secretary’s office and/or the House Clerk’s office, respectively.

H.C.R.  101

House concurrent resolution congratulating Katie Sullivan on being named the 2007 Vermont Teacher of the Year

H.C.R.  102

House concurrent resolution congratulating the 2006–2007 University of Vermont Catamounts men’s basketball team on an outstanding season

H.C.R.  103

House concurrent resolution honoring former speaker of the house Stephan Morse for his outstanding leadership as president of the Windham Foundation

H.C.R.  104

House concurrent resolution in memory of U.S. Army Sgt. Carlton A. Clark of Sharon

H.C.R.  105

House concurrent resolution in memory of Donald Maley

H.C.R.  106

House concurrent resolution honoring Gary Palmer of Georgia for his exemplary public service as the St. Albans City fire chief

H.C.R.  107

House concurrent resolution congratulating the Burr and Burton Academy Bulldogs 2007 Division II championship boys’ ice hockey team

H.C.R.  108

House concurrent resolution commending the members of the Act 133 technical advisory committee for the outstanding work in response to its mandate under the act

H.C.R.  109

House concurrent resolution congratulating the 2007 Crossett Brook Middle School Odyssey of the Mind state championship team

H.C.R.  110

House concurrent resolution in memory of former Windsor town clerk Gloria Tansey

H.C.R.  111

House concurrent resolution congratulating the Windsor High School Yellow Jackets Division III championship girls’ basketball team

H.C.R.  112

House concurrent resolution congratulating the 2006 Mt. Abraham Union High School Eagles Division II championship baseball team

H.C.R.  113

House concurrent resolution congratulating the 2006 Mt. Abraham Union High School Eagles Division II championship girls’ field hockey team

H.C.R.  114

House concurrent resolution congratulating Carol Eckels on being named the 2007 Vermont Elementary Principal of the Year

H.C.R.  115

House concurrent resolution congratulating the 2007 Woodstock Union High School Wasps girls’ Nordic and boys’ alpine state championship ski teams

H.C.R.  116

House concurrent resolution congratulating Taylor Horn on winning the 2007 Vermont championship of the National Geographic Bee

S.C.R. 18. 

     Senate concurrent resolution honoring Robert “R.J.” George for his outstanding public service as the Newport City fire chief.

S.C.R. 19.

     Senate concurrent resolution congratulating Reeve Lindbergh and Nathaniel Tripp on their designation as the Northeast Kingdom Chamber of Commerce's 2007 Citizen of the Year.

PUBLIC HEARINGS

Wednesday, April 18, 2007,  Room 11 – 5:00 – 7:00 P M – House and Senate Committees on Government Operations – H. 403  Retirement Cost-of-Living Adjustment

 

 

 

 



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Montpelier, Vermont


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