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House Calendar

FRIDAY, JANUARY 25, 2008

18th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     For Action Under Rule 52

J.R.S. 45  Joint Assembly for Election of Two Trustees VSC Corp.................. 77

J.R.S. 46  Establishing Procedure for Election of Trustees to VSC Corp.......... 77

NOTICE CALENDAR

Favorable with Amendment

H. 333  Relating to School Breakfast Program.................................................. 77

          Rep. Peltz for Committee on Education

H. 557  Postponing Sunset of F&W Board’s Authority; Deer Herd.................. 77

          Rep. Courcelle for Fish, Wildlife and Water Resources

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 185  Congratulating Susan Hennessey Nat’l Educator Award............... 81

H.C.R. 186  Congratulating Harwood UHS Boys’ Cross Country Team.......... 81

H.C.R. 187  Congratulating Jean Berthiaume Humanities Educator Award........ 81

H.C.R. 188  Congratulating Harwood UHS Boys’ Soccer Team...................... 81

H.C.R. 189  Honoring Windham States Attorney Dan M. Davis....................... 81

H.C.R. 190  Congratulating Bellows Falls cub Scout Pack 401........................ 81

H.C.R. 191   In Memory of  Jay Gordon and his wife Joan.............................. 81

H.C.R. 192  Congratulating Mary Meyer Corporation on 75th Anniversary...... 81

H.C.R. 193  Congratulating VAST on its 40th Anniversary.............................. 81

H.C.R. 194  Congratulating Chittenden Fire and Rescue- 50th Anniversary...... 81

H.C.R. 195  Honoring Thomas A. Levesque 28 Years Public Service.............. 82

H.C.R. 196  Congratulating Missisquoi VUHS Girls’ Cross Country Team....... 82

H.C.R. 197  Congratulating Edward Koren Governor’s Award in Arts............. 82

H.C.R. 198  In Memory of Representative Cola Hudson.................................. 82


 

ORDERS OF THE DAY

ACTION CALENDAR

     For Action Under Rule 52

     J. R. S. 45

Joint resolution providing for a Joint Assembly for the election of two legislative Trustees of the Vermont State College Corporation.

J. R. S. 46

Joint resolution establishing a procedure for the conduct of the election of two legislative trustees of the Vermont State Colleges Corporation  by plurality vote by the General Assembly in 2008.

NOTICE CALENDAR

Favorable with Amendment

H. 333

     An act relating to school breakfast program expansion.

Rep. Peltz of Woodbury, for the Committee on Education, recommends the bill be amended in Sec. 3 by striking the year “2008” and inserting in lieu thereof the year “2009

(Committee vote: 10-0-1)

H. 557

     An act relating to postponing the sunset of the Fish and Wildlife Board’s authority to adopt rules regulating the deer herd.

Rep. Courcelle of Rutland City, 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.  Sec. 7 of No. 136 of the 2003 Adj. Sess. (2004) is amended to read:

Sec. 7.  EFFECTIVE DATES; TRANSITIONAL PROVISIONS

(a)  Sec. 1 of this act shall take effect on July 1, 2004.  At that time, the governor shall appoint fish and wildlife board members to fill all terms which have expired as well as seven new members to ensure that each county is represented on the board.  However, the governor shall appoint the new members to terms of two to six years in a way which ensures that no more than three and no fewer than two terms expire in any one year.  After 2004, members shall be appointed to six‑year terms.

(b)  Secs. 2, 3, 4, and 5 of this act shall take effect on July 1, 2004.  However, on passage of this act, the fish and wildlife board is authorized to adopt temporary rules regarding management of the deer herd and shall follow the procedures for rulemaking contained in chapter 25 of Title 3 to the extent reasonably possible.  For each such rule, the board shall conduct a hearing but, when necessary, may schedule the hearing for a day before the terms of the rule are expected to be determined.  Rules adopted under this subsection shall:

(1)  make provision for a regular rifle hunting season pursuant to section 4741 of Title 10, and for an archery season and a muzzle loader season unless there is a scientific reason not to do so.

(2)  remain in effect until the board has adopted permanent rules regarding management of the deer herd or July 1, 2005, whichever is sooner.

(c)  Secs. 6 and 7 of this act shall take effect on passage.

(d)  Secs. 2, 3, and 4 of this act are repealed on June 30, 2009 2014.

Sec. 2.  Sec. 5 of No. 136 of the 2003 Adj. Sess. (2004) is amended to read:

Sec. 5.  SUSPENSION

(a)  The following sections of Title 10 shall not be in effect from July 1, 2004 through June 30, 2009 2014:

(1)  § 4743, relating to muzzle loader season.

(2)  § 4744, relating to bow and arrow season.

(3)  § 4753, relating to annual deer limit.

* * *

Sec. 3.  10 V.S.A. § 4705 is amended to read:

§ 4705.  SHOOTING FROM MOTOR VEHICLES OR AIRCRAFT; PERMIT

(a)  A person shall not take, or attempt to take, a wild animal by shooting from a motor vehicle, motorboat, airplane, snowmobile, or other motor propelled craft or any vehicle drawn by a motor propelled vehicle except as permitted under subsection (e) of this section.

(b)  A person shall not carry or possess while in or on a vehicle propelled by mechanical power or drawn by a vehicle propelled by mechanical power within the right of way of a public highway a rifle or shotgun containing a loaded cartridge or shell in the chamber, mechanism, or in a magazine, or clip within a rifle or shotgun, or a muzzle-loading rifle or shotgun that has been charged with powder and projectile and the ignition system of which has been enabled by having an affixed or attached percussion cap, primer, battery, or priming powder, except as permitted under subsections (d) and (e) of this section. A person who possesses a rifle or shotgun in or on a vehicle propelled by mechanical power, or drawn by a vehicle propelled by mechanical power within a right of way of a public highway shall upon demand of an enforcement officer exhibit the firearm for examination to determine compliance with this section.

(c)  A person while on or within ten feet of the traveled portion of a public highway shall not take or attempt to take any wild animal by shooting with a firearm or bow and arrow.

(d)  This section shall not restrict the possession or use of a loaded firearm by an enforcement officer in performance of his duty.

(e)  Subsection (a) of this section shall not apply to a licensed hunter who is a paraplegic or is certified by a physician to be unable to pursue game because of permanent severe physical disability, if he obtains a permit as provided in this subsection. The commissioner on receipt of satisfactory proof of the disability of an applicant may issue a permit under this subsection. This permit shall be attached to the license, and shall remain in effect until the death of the holder, unless the commissioner has reason to believe the permit is misused. The holder of the permit shall carry it at all times while hunting, and shall produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests. The holder of the permit may take game from a vehicle or boat but only if it is stationary and off of a public highway. In no event shall the holder of a permit shoot across the traveled portion of a public highway.

(f)  The phrase "public highway," as used in this section, means roads shown on the highway maps of the respective towns, made by the agency of transportation, but does not include foot trails or private roads.

Sec. 4.  10 V.S.A. § 4502 is amended to read:

§ 4502.  UNIFORM POINT SYSTEM; REVOCATION OF LICENSE

(a)  A uniform point system which assigns points to those convicted of a violation of a provision of this part is established.  The conviction report from the court shall be prima facie evidence of the points assessed.  In addition to other penalties assessed for violation of fish and wildlife statutes, the commissioner shall suspend licenses issued under this part which are held by a person who has accumulated ten or more points in accordance with the provisions of subsection (c) of this section.

(b)  A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in Title 10 of Vermont Statutes Annotated):

(1)  Five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.

(2)  Ten points shall be assessed for:

(A)  § 4148. Trespass on state property

* * *

(HH)  § 4827. A black bear doing damage

(JJ)  Appendix § 37, as it applied to annual deer limits.

(3)  Twenty points shall be assessed for:

(A)  § 4192.  General powers and duties-failure to obey warden

* * *

(T)  § 4521. Failure to stop

(U)  Appendix § 37, excluding violations of annual deer limits, requirements for youth deer hunting weekend, and limitations on feeding of deer.

(4)  In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal or pelt possessed, taken, transported, bought or sold in excess of the limits established in statutes or rules adopted under this part.

(c)  Licenses shall be suspended as follows:

(1)  For ten to 14 points accumulated in five years-a one-year suspension.

(2)  For 15 to 19 points accumulated in five years-a two-year suspension.

(3)  For 20 or more points accumulated in five years-a three-year suspension.

* * *

(Committee vote: 8-0-1)

 

 

 

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 24, 2008)

H.C.R. 185

House concurrent resolution congratulating Susan Hennessey on the receipt of a Milken Family Foundation National Educator Award

H.C.R. 186

House concurrent resolution congratulating the Harwood Union High School Highlanders 2007 Division II championship boys’ cross-country team

H.C.R. 187

House concurrent resolution congratulating Jean Berthiaume on his receipt of the 2007 Victor R. Swenson Humanities Educator Award

H.C.R. 188

House concurrent resolution congratulating the 2007 Harwood Union High School Highlanders Division II championship boys’ soccer team

H.C.R. 189

House concurrent resolution honoring former Windham State’s Attorney Dan M. Davis

H.C.R. 190

House concurrent resolution congratulating Cub Scout Pack 401 of Bellows Falls on being designated the 2007 Vermont Pack of the Year

H.C.R. 191

House concurrent resolution in memory of former auditor of accounts Jay Gordon and his wife, Joan Gordon

 

H.C.R. 192

House concurrent resolution congratulating the Mary Meyer Corporation on its 75th anniversary

H.C.R. 193

House concurrent resolution congratulating the Vermont Association of Snow Travelers on its 40th anniversary

H.C.R. 194

House concurrent resolution congratulating the Chittenden Fire and Rescue on its 50th anniversary

 

H.C.R. 195

House concurrent resolution honoring Thomas Anthony Levesque for 28 years of public service as the Chittenden East Supervisory Union district treasurer

H.C.R. 196

House concurrent resolution congratulating the 2007 Missisquoi Valley Union High School Thunderbirds championship Division II girls’ cross‑country team

H.C.R. 197

House concurrent resolution congratulating Edward Koren of Brookfield as the recipient of the 2007 Governor’s Award for Excellence in the Arts

H.C.R. 198

House concurrent resolution in memory of Representative Cola Hudson, the dean of the House of Representatives

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:

59.  Gross Operating Revenues of Regulated Utilities for FY 2007.  Public Service Board.  828-2358

60.  Implementation of Act 114 at Vermont State Hospital Legislative Report.  Department of Mental Health.  652-2000

61.  Environmental assistance Office Biennial Legislative Report.  241-3808

62.  Vermont Lottery Annual Report.  Fiscal year 2007.  479-4294

63.  Vermont Center for Geographic Information Inc. Annual report.  802-882-3000

64.  Solid Waste Management Legislative Report.  802-241-2368

65.  Childhood Lead Poisoning Prevention Program Report.  802-863-7280

66.  Vermont Drinking Water State revolving Fund Annual report.  802-241-5141

67.  Mercury Pollution.  802-872-8100

68.  HIV Name-Based reporting.  Department of Health.  802- 863-7280

69.  Mobile Screening Clinics Report.  802-863-7280

70.  Petroleum Cleanup Fund.  802-241-3808

71.  Beverage Container Redemption Program.  802-241-5141

72.  Department of Buildings and General Services Report.  802-828-3519

73.  Fleet Management Services 2007 Annual Report.  802-828-3519

74.  Potential Legislation to Enable Electric Utilities to Facilitate Telecommunications Deployment in Vermont.  802-828-2342

75.  Substance Abuse Treatment Legislative Report.  802-863-7281

76.  Public inebriate Legislative Report.  Department of Health.  802-863-7281

77.  Management of the Deer Herd.  Department of Fish & Wildlife.  802-241-3700

78.  Findings regarding Financial Incentives Related to Increasing Mercury Thermostat Collections.  Department of Environmental Conservation.  802-241-3808

79.  Efforts to Collect & Analyze Information regarding the Groundwater Resources of the State.  Agency of Natural Resources.  241-3808

80.  Public Transportation – Annual report of Financial & Performance Date. 828-344l

81.  Rail Project Delivery Status for Previous Year.  828-3441

82.  Study Regarding the Regional Connectivity of Vermont’s Public Transit System.  828-3441

 



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