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House Calendar

FRIDAY, JANUARY 18,2008

11th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Favorable with Amendment

H. 580  Members VT Tobacco Evaluation and Review Board.......................... 23

          Rep. Frank for Human Services

NOTICE CALENDAR

Favorable with Amendment

H. 599  Boating and Driving While Intoxicated................................................. 24

          Rep. Jewett of Ripton for Judiciary

Favorable

S. 318  Authority of VT Municipalities to Acquire Facilities & Assets................ 28

          Rep. Kitzmiller for Commerce

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 176  In Memory of American Military Personnel in Iraq....................... 28

H.C.R. 177  Woodstock UHS Lady Wasps Field Hockey Team..................... 28

H.C.R. 178  In Memory of Rosendo Cueto..................................................... 29

H.C.R. 179  Congratulating Sydney Perry Miss Vermont Teen 2007................ 29

H.C.R. 180  Essex HS Girls’ Championship Soccer Team............................... 29

H.C.R. 181  Honoring Sally Bouffard for Service to Dept. of  Education….29

H.C.R. 182  In Memory of Former Representative Ruth H. Towne.................. 29

H.C.R. 183  Honoring Elizabeth Christie for Service to VT Children................. 29

H.C.R. 184  Honoring “Extreme Makeover: Home Edition” in Athens.............. 29

S.C.R.  26  Congratulating Hartford HS Football Team.................................... 29

 

ORDERS OF THE DAY

ACTION CALENDAR

Favorable with Amendment

H. 580

     An act relating to terms of members of the Vermont Tobacco Evaluation and Review Board.

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.  18 V.S.A. § 9504(b) is amended to read:

(b)  The board shall consist of 14 members, including ex officio the commissioner of health and the commissioner of education, or their designees; the commissioner of the department of liquor control or designee; the attorney general or designee; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the committee on committees; a member representing a nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code and dedicated to anti-tobacco activities appointed by the speaker of the house; a member representing the low income community appointed by the senate committee on committees; two persons under the age of 30, one appointed by the speaker of the house and one appointed by the senate committee on committees; and four members appointed by the governor with the advice and consent of the senate, including: one K-12 educator involved in prevention education; one tobacco use researcher; one member representing the health care community; and one tobacco industry countermarketing expert.  The public members shall serve for three-year terms, beginning on February 1 July 1 of the year in which the appointment is made, except that the first members appointed by the governor to the board shall be appointed, two for a term of two years, one for a term of three years and one for a term of four years.  Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

Sec. 2.  TRANSITIONAL PROVISIONS; APPLICATION

This act shall apply to current members of the Vermont tobacco evaluation and review board so that the term of a member which would have expired on January 31, 2008, shall be extended until June 30, 2008, and the term of a member who was appointed prior to the effective date of this act shall be deemed to have begun on July 1 of the year in which the appointment was made.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

(Committee vote: 8-0-3)

NOTICE CALENDAR

Favorable with Amendment

H. 599

     An act relating to boating while intoxicated and driving while intoxicated.

Rep. Jewett of Ripton, 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.  LEGISLATIVE INTENT

It is the intent of the general assembly in this act to address, among other issues, the Vermont supreme court’s decisions in State v. LaBounty, 2005 VT 124, and State v. Martin, 2007 VT 96.  In LaBounty, the court held that if more than one person was injured an offender could be charged with only one count of grossly negligent operation of a motor vehicle with injury resulting.  Similarly, the court held in Martin that if more than one person was killed an offender could be charged with only one count of boating while intoxicated with death resulting.  In this act, the general assembly responds to Martin and LaBounty by amending several motor vehicle statutes to permit an offender to be charged with a separate count of violating the statute for each person who was killed or injured as a result of the offense.

Sec. 2.  23 V.S.A. § 1091(b) is amended to read:

(b)  Grossly negligent operation.

(1)  A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.

(2)  The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.

(3)  A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both.  If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both.  If serious bodily injury as defined in section 1021 of Title 13 or death of any person other than the operator results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both.  If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.

Sec. 3.  23 V.S.A. § 1133 is amended to read:

§ 1133.  ATTEMPTING TO ELUDE A POLICE OFFICER

(a)  No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:

(1)  displaying insignia identifying him or her as such; or

(2)  operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp.

(b)(1)  A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(2)(A)  In the event that death or serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.

(B)  If death or serious bodily injury to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.

(c)  In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances.

* * *

Sec. 4.  23 V.S.A. § 1201 is amended to read:

§ 1201.  OPERATING VEHICLE UNDER THE INFLUENCE OF

       INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL

       REFUSAL

(a)  A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1)  when the person’s alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

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

(3)  when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or

(4)  when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

* * *

(e)  A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.

* * *

Sec. 5.  23 V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

* * *

(e)(1)  Death resulting.  If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both.  The provisions of this subsection do not limit or restrict prosecutions for manslaughter.

(2)  If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(f)(1)  Injury resulting.  If serious bodily injury, as defined in 13 V.S.A.

§ 1021(2), results to any person other than the operator from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00, or imprisoned not less than one year nor more than 15 years, or both.

(2)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.

* * *

Sec. 6.  23 V.S.A. § 3317 is amended to read:

§ 3317.  PENALTIES

* * *

(d)  Boating while intoxicated; privilege suspension.  Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title.

(e)  Boating while intoxicated; criminal penalty.  Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines:

(1)  for a first offense, not less than $200.00 nor more than $750.00;

(2)  for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.

(f)(1)(A)  Boating while intoxicated; death resulting.  If the death of any person results from the violation of section 3323 of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not less than one year nor more than five 15 years or fined not more than $2,000.00 $10,000.00,or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter.

(B)  If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(2)(A)  Boating while intoxicated; serious bodily injury resulting.  If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than 15 years, or both.

(B)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured. 

* * *

Sec. 7.  23 V.S.A. § 3323 is amended to read:

§ 3323.  OPERATING UNDER THE INFLUENCE OF INTOXICATING

       LIQUOR OR DRUGS; B.W.I.

(a)  A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:

(1)  there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or

(2)  under the influence of intoxicating liquor; or

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

* * *

(e)  A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.

(Committee vote: 10-0-1)

Favorable

S. 318

An act relating to the authority of Vermont Municipalities to acquire facilities and other assets.

Rep. Kitzmiller of Montpelier, for the Committee on Commerce, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16

     The following concurrent resolutions will be adopted automatically unless a member requests floor consideration before the end of today’s legislative session.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, January, 17, 2008)

H.C.R. 176

House concurrent resolution in memory of the American military personnel who have died in the service of their nation in Iraq from December 30, 2006 through December 19, 2007

H.C.R. 177

House concurrent resolution congratulating the 2007 Woodstock Union High School Lady Wasps Division II championship field hockey team

 

H.C.R. 178

House concurrent resolution in memory of Rosendo Cueto

H.C.R. 179

House concurrent resolution congratulating Sydney Perry of Middlesex on her winning the 2007 Miss Vermont Teen USA title

H.C.R. 180

House concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship girls’ soccer team

H.C.R. 181

House concurrent resolution honoring Sally Bouffard for over four decades of dedicated public service at the department of education and state board of education

H.C.R. 182

House concurrent resolution in memory of former Representative Ruth H. Towne of Berlin

H.C.R. 183

House concurrent resolution honoring Elizabeth Christie for her efforts to improve the lives of Vermont’s children

H.C.R. 184

House concurrent resolution honoring the participants in the construction of the new “Extreme Makeover: Home Edition” home for the Vitale family in Athens

S.C.R. 26. 

Senate concurrent resolution congratulating the 2007 Hartford Hurricanes Division I championship football team.

 

HOUSE RULES COMMITTEE MEETING            Wednesday, January 23, 2008,  4:00 p.m.    Room 10

Agenda

1.     Change of jurisdiction of Agriculture committee to include Forestry matters

  1. Update on Statehouse security
  2. Other Business

 

PUBLIC HEARINGS

Wednesday, January 23, 2008 – 6:00 – 8:00 PM;  Room 11 – Senate Committee on Judiciary – S. 238 Regulating Drugs: Marijuana; S. 250 Drug Trafficking

JOINT ASSEMBLY

Tuesday, January 22, 2008, 2 PM – Governor’s Budget Message

Joint Public Hearing on Fiscal Year 2009 budget

Vermont Interactive Television

Appropriations Committees

Monday, February 11, 2008, 4:30-7:00 p.m. – The House and Senate Appropriations Committees will hold a joint public hearing on Vermont Interactive Television (V.I.T.) to give Vermonters throughout the state an opportunity to express their views about the State budget for fiscal year 2009.   All V.I.T. sites will be available for the hearing:  Bennington, Brattleboro, Castleton, Johnson, Lyndonville, Middlebury, Montpelier, Newport, Randolph Center, Rutland, Springfield, St. Albans, Waterbury, White River Junction and Williston.  V.I.T.’s web site at www.vitlink.org has an up-to-date location listing, including driving directions, addresses and telephone numbers.

 

For information about the format of this event, interested parties may call the House Appropriations Committee office at 802-828-2251. 

 

Deadline for Introducing Bills

     Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of Representatives, during the second year of the biennium, except with the prior consent of the Committee on Rules, no member may introduce a bill into the House drafted in standard form after the last day of January.

     In order to meet this deadline all bills must be signed out with the Legislative Council no later than the close of business on Thursday, January 31, 2008.

     Pursuant to Rule 40(c) during the second year of the biennium, except with the prior consent of the Committee on Rules, no committee, except the Committees on Appropriations, Ways and Means or Government Operations, may introduce a bill drafted in standard form after the last day of March.  The Committees on Appropriations, Ways and Means bills may be drafted in standard form at any time, and Government Operations bills, pertaining to city and/or town charter changes, may be drafted in standard form at any time.

Reports Received

The Clerk of the House has received the following reports, copies of which may be ordered from his office:

1.        Vermont State Colleges FY07 Projects Report.  241-3369

2.        Vermont Long term care Ombudsman Project’s FY 2006 Annual report.  863-5620

3.        Bank Commissioner Annual report.  BISHCA.  828-3307

4.        Vermont Health Information Technology Plan.  Vt. Information Technology Leaders.

5.        Insurance Commissioner 2006 Annual Report.  BISHCA.  828-3301

6.        Capital Projects for 2007 at UVM.   802-656-0219

7.        Supreme Court of Vermont Report.  828-3278

8.        Emergency Relief and Assistance Fund: Status Report.   828-3322

9.        Boards and commissions Authorized to receive Per Diems.  Agency of Administration.  828-3322

10.     Education Quality and Cost Control.  School Finance Division.  828-0470

11.     Study on Transitional Services for Youth.  Agency of Administration.  828-3322

12.     Judicial Fines.  Agency of Administration.  Department of Buildings & General Services.  828-3322

13.     Revenues In/Out of State vinous Shipping Licenses.  Department of Liquor   Control.   828-2339

14.     Federal Individuals with Disabilities Education Act Interagency agreement.

15.     Community-Based Alternatives for Criminal Justice Services Report to the Vermont Legislature.  Office of Attorney General.  828-3171

16.     Clean and Clear Program.  Vermont Youth Conservation Corps. 802-434-3969

17.     Plan to Reduce Correctional Costs and Achieve Savings for Reinvestment.  Vermont Department of Corrections.  241-2263

18.     Blueprint Implementation Plan (Act 71 of 2007). 800-964-1784

19.     Department of Liquor Control  2007 Annual Report.  828-2345

20.     Litigation Report per Act. No. 80.  Vermont State Auditor.  828-2281

21.     Workforce Development Sustainable Funding Committee.  Legislative Council.

22.     Victims of Sexual Assault Study Committee.  Vermont General Assembly.

23.     Strengthening Vermont’s Energy Economy report and Recommendations.  Vermont council on rural Development.  828-6024

24.     Blueprint for Health 2007 Annual report.  Department of Health & Agency of Administration.

25.     Critical Care Transportation Study Committee Report.   828-3441

26.     Annual Litigation Fund Report.  Policy and Planning Division.  828-3441

27.     Workforce report Fiscal Year 2007 and Dept. of Human Resources Annual Report 2007.   828-3491

28.     Mental Health Needs of Vermont’s Incarcerated Population.  Corrections Oversight Committee.  828-2228

29.     Commercial Caterers Report.  Department of Liquor Control.

30.     Recommendation for Conducting a Survey of the Health Insurance status of Vermont Residents.  Health Care Administrator.  828-2900

31.     Recommendation for Financial Support for the Multi-payer Health Care Data Collection.  Health Care Administrator.  828-2900

32.     Funding Alternatives for Large Bicycle & Pedestrian Facilities, Bicycle – Pedestrians Accommodations – Activities report annual report on Connecticut River Bridge Projects.  VTrans.  8283-441

33.     Common Claims Work Group Final report. Vermont Association of Hospitals and Health Systems.  223-3461

34.     Report on a proposal for an automated system for the Department of Fish and Wildlife as directed by H. 313 of the 2007 Legislative Session.   241-3700

35.     Vermont Housing Finance Agency 2007 annual report.

36.     State Aid for School Construction in Vermont; Analysis of options for changing current system.  Legislative Council.

37.     Report to the General Assembly on Tobacco Compliance Tests conducted during Calendar Year 2007. Department of Liquor Control.   828-2339

38.     State Land Forest Management Report.  Dept. of Forests, Parks and Recreation.  244-1481

39.     Report on Public Records Requests.  Agency of Administration.  828-3322

40.     Transportation Improvements Town of Essex and Colchester.  Vtrans.  828-3441

41.     Uniform Environmental Enforcement Act 2007 Annual report.  241-3820

42.     Vermont Commission on Women Annual Report.  828-2851

43.     Transportation of Individuals in the Custody of the Commissioner of Mental Health.  652-2000

44.     Restoration of the Department of Mental Health Legislative Report.  652-2000

45.     Vermont Health Care Expenditure Analysis 2006 and Three Year Forecast. Health Care Administration.  800-828-2900

46.     Use of the Performance Based Approach for Design of Wastewater Disposal Systems Status Report.  Agency of Commerce & Community Affairs.

47.     Report of the Sexual violence Prevention Task Force:  Year Two.

48.     Vermont Long Term Care Partnership Program.  Health Care Administration 800-631-7788

49.     Annual 2008 Report of the Act 129 Task Force: 2008 Insurer Mental Health and Substance Abuse Report Card.  Health Care Administration 828-2900

50.     Enhanced  9-1-1 Board Report.  828-4911

51.     Success Beyond Six Legislative report.  Agency of Human Services. 241-2220

52.     Vermont Prescription Monitoring Report.  Department of Health.  802-863-7280

53.     Patient Safety Surveillance and Improvement System Report.  Department of Health.  802-863-7280

54.     Reciprocal Fishing License for Lake Champlain report.  Department of Fish & Wildlife.  802-241-3700

55.     Office of Child Support Annual Report.  Agency of Human Services.  800-786-3214

56.     Vermont’s Children’s Tax check-Off Report.  Department for Children & Families Child Development Division

57.     State Treasurer 2007 Annual Report.  Office of the State Treasurer

58.     Property Valuation and Review Division Annual 2008 Report.  Vermont Department of Taxes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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