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House Calendar

WEDNESDAY, MARCH 19, 2008

72nd DAY OF ADJOURNED SESSION

House Convenes at 10:00 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Unfinished Business of Tuesday, March 18, 2008

Favorable with Amendment

H. 257  Codification of Existing Community Justice Centers.......................... 1132

          Rep. Clarkson for Judiciary

H. 748  Permitting Students to Possess and Self-Administer Medicine........... 1135

          Rep. Clark for Education

          Rep. Krawczyk Amendment............................................................... 1136

Actions Postponed Until Wednesday, March 19, 2008

Pending Action: Second Reading of the Bill

H. 436  Discussion of Ballot items at Town Meeting..................................... 1136

          Rep. Martin of Wolcott for Government Operations

          Rep. Martin Amendment..................................................................... 1140

          Rep. Branagan Amendment................................................................ 1140

Pending Action: Third reading of the bill

H. 617  Relating to Guardianships................................................................ 1141

          Rep. Jewett Amendment..................................................................... 1141

NEW BUSINESS

Third Reading

H. 203  Estate to Which a Surviving Spouse is Entitled................................. 1145

H. 306  Relating to Telemarketing................................................................ 1145

H. 331  Relating to Financing the Purchase of a Mobile Home...................... 1145

H. 588  Relating to Property Loaned to Museums........................................ 1145

H. 616  Relating to Farm-Fresh Milk............................................................ 1145

          Rep. McAllister Amendment............................................................... 1145

H. 700  Sale of Bottles of Wine at Festivals.................................................. 1146

H. 704  Notices of Transfer of Policies to an Affiliate.................................... 1146

H. 764  Expanded Eligibility for Vermont Veterans’ Medal........................... 1146

H. 776  Computation of Basic Needs Budget and the Livable Wage............. 1146

H. 777  Relating to Certificate of Need Program........................................... 1146

H. 783  Relating to Home Improvement Fraud............................................. 1146

H. 809  Annual Fire Safety Inspections for Schools...................................... 1146

H. 863  Affordable Housing and Smart Growth Development....................... 1146

          Rep. Helm Amendment....................................................................... 1146

H. 871  Professional Requirements for Court Officials................................... 1148

H. 879  Eliminating Reports; Improving Efficiency, etc. in Schools ................ 1148

H. 880  Vermont Pension Investment Committee.......................................... 1148

H. 881  Facilitating Deployment of Communications Facilities....................... 1148

 

Committee Bills for Second Reading

H. 883  Amendments to VT Public Retirement Systems................................ 1148

          Rep. Atkins for Government Operations

H. 884  Prekindergarten Education Programs Offered.................................. 1148

          Rep. Kilmartin for Education

H. 885  Measurement Standards for Economic Growth................................ 1148

          Rep. Botzow for Commerce

H. 886  Relating to Vermont Health E-Fund................................................. 1148

          Rep. Maier for Health Care

Action Postponed Until Friday, March 21, 2008

Pending Action: Second Reading of the Bill

H. 689  Relating to Utility Prescriptive Rights................................................ 1149

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Unfinished Business of Tuesday, March 18, 2008

H. 257

     An act relating to the codification of existing community justice centers.

Rep. Clarkson of Woodstock, 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.  24 V.S.A. chapter 58 is added to read:

CHAPTER 58.  COMMUNITY JUSTICE CENTERS

§ 1961.  Legislative findings

(a)  Consistent with the policy of restorative justice established in section 2a of Title 28, local communities in the state have established community justice centers to create a community-administered, nonadversarial process that:

(1)  Resolves conflicts among citizens.

(2)  Repairs damage to communities caused by criminal acts.

(3)  Addresses the wrongs that criminal acts inflict on individuals.

(4)  Responds to a person’s wrongdoing at its earliest onset.

(5)  Reduces the risk of an offender committing a more serious crime in the future that would require a more intensive and costly sanction.

(b)  A system of community justice centers that operates under the authority of a single statute will:

(1)  Help each community justice center collaborate more closely with law enforcement and state’s attorneys, state agencies, social service providers, victim advocacy organizations, and other community resources.

(2)  Enhance the services each community justice center provides.

(3)  Help each community justice center further its policy interest of achieving restorative justice.

§ 1962.  Definitions

As used in this chapter:

(1)  “Legislative body” means the mayor and board of aldermen of a city, a city council, a town selectboard, or the president and trustees of an incorporated village.

(2)  “Municipality” means a city, town, or incorporated village.

§ 1963.  Authority of municipalities

The legislative body of any municipality may create within its jurisdiction a community justice center to resolve civil disputes and address the wrongdoings of individuals who have committed municipal, juvenile, or criminal offenses.

§ 1964.  STRUCTURE OF THE COMMUNITY JUSTICE BOARDS

Each community justice center:

(1)  Shall have an advisory board comprised of 51 percent citizen volunteers.

(2)  May use a variety of restorative justice approaches, including community panels or boards, group conferencing, or mediation.

(3)  Shall include programs to resolve disputes, address the needs of victims, address the wrongdoing of the offender, and promote the rehabilitation of youthful and adult offenders.

§ 1965.  duties of the community justice centers

Each community justice center:

(1)  Shall work in close coordination with state agencies, law enforcement agencies, state’s attorneys, social service providers, victim advocacy organizations, and other community resources in administering the programs defined in subdivision 1964(3) of this title.

(2)  Shall, in collaboration with state and local agencies, provide training on the restorative justice process to citizen volunteers to enable their participation in the local community justice center.

(3)  May address quality of life issues in the community it serves by providing informational and educational resources to the community.

(4)  May, in addition to the funding it receives from the state, apply for funding from private foundations, other governmental sources, or other sources.

§ 1966.  Community JUSTICE centers’ relationship with state government entities

(a)  The agency of human services shall provide to the community justice centers the information, analysis, and technical and financial support which the community justice centers, in collaboration with the agency of human services, determine are necessary to further their policy of restorative justice.

(b)  Funding from the agency of human services.  The agency of human services may provide funding and authorize community justice centers to participate in the implementation of state programs related to juvenile and criminal offenses.

(c)  Access to information.  Community justice center employees and volunteers participating in state-funded programs shall have access to information, analysis, and technical support as necessary to carry out their duties within the program in accordance with state and federal confidentiality statutes and policies.

(d)  Liability.

(1)  For the purposes of defining liability, community justice center volunteers participating in programs funded by the agency of human services pursuant to subsection (b) of this section shall be considered volunteers of that agency.

(2)  In all other cases, the state and the municipality shall each be liable for the acts and omissions of employees operating within the scope of their employment.

(e)  The agency of human services, the attorney general, and community justice center directors shall study methods to expand the number of community justice centers in order to serve municipalities without community justice centers.  The study shall include consideration of how municipalities could work jointly to facilitate the expansion of community justice center services.   

§ 1967.  CASES PROHIBITED

No case involving domestic violence, domestic assault, sexual violence, sexual assault, or stalking shall be referred to a community justice center except in department of corrections offender reentry programs pursuant to protocols protecting victims.

(Committee vote: 10-0-1)


H. 748

     An act relating to permitting students to possess and self-administer life-saving medicine.

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

Sec. 1.  16 V.S.A. § 1387 is added to read:

§ 1387.  POSSESSION AND SELF-ADMINISTRATION OF EMERGENCY MEDICATION

(a)  Pursuant to the requirements of this section, each public and approved independent school in the state shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication on school grounds, at school-sponsored activities, while on school-provided transportation, and during school-related programs.

(b)  In each school year for which possession and self‑administration of emergency medication is requested, the student’s parent or guardian shall provide the school with:

(1)  Written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication. 

(2)  Written documentation from the student’s physician:

(A)  Stating that the student has one or more life-threatening allergies or asthma or both.

(B)  Providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.

(C)  Affirming that the student is capable of, and has been instructed in, the proper method of self-administration of the emergency medication.

(c)  In each school year for which possession and self‑administration of

emergency medication is requested, the student’s parent or guardian shall develop, in consultation with the school nurse or a nurse under contract with an approved independent school, a plan of action regarding the student’s life‑threatening allergy or allergies or asthma.  The plan of action shall be based upon the written documentation provided by the student’s physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.

(d)  The student’s parent or guardian shall sign a statement on a form to be provided by the school, releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student’s self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, willful and wanton misconduct, or intentional misconduct. 

Sec. 2.  EFFECTIVE DATE

This act shall apply during the 2008–2009 academic year and after.

and that upon passage, the title shall be “AN ACT RELATING TO PERMITTING STUDENTS TO POSSESS AND SELF‑ADMINISTER EMERGENCY MEDICATION”

(Committee vote: 11-0-0)

Amendment to be offered by Rep. Krawczyk of Bennington to H. 748

Moves to amend the bill as follows:

First:  In Sec. 1, subsection 1387(a), after the word “medication”, by inserting the following:  “and shall permit students with Type I diabetes to test blood-sugar levels and, if necessary, eat, drink, and possess and self-administer insulin by injection or pump

Second:  In Sec. 1, subsection 1387(a), after the period, by adding a new sentence to read:  For purposes of this section, testing blood-sugar levels and, if necessary, eating, drinking, possessing, and self-administering insulin shall be considered “emergency medication.

Third:  In Sec. 1, subdivision 1387(b)(2)(A), after the word “both”, by inserting the following:  “, or Type I diabetes

Fourth:  In Sec. 1, subdivision 1387(c), In the first sentence, by striking the words “or asthma”, and inserting in lieu thereof: “or the student’s asthma or Type I diabetes

     Action Postponed Until Wednesday, March 19, 2008

H. 436

     An act relating to discussion of ballot items at town meeting.

Pending Action: Second reading of the bill

Rep. Martin of Wolcott, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  17 V.S.A. § 2456 is amended to read:

§ 2456.  DISQUALIFICATIONS

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk,

clerk-treasurer, ward clerk, or inspector of elections.  When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.  For the purpose of this section, "clerk-treasurer" means a person who is a candidate for the offices of town clerk and town treasurer at the same time.

Sec. 2.  17 V.S.A. § 2494 is amended to read:

§ 2494.  CONSTRUCTION WITH OTHER LAWS

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be applicable.  The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes registered on voting machines.  In towns using voting machines, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties, solely for the purpose of checking voters who voted by early voter absentee ballot off the checklist and depositing the ballots into the ballot box or voting machine.  If all early voter absentee ballots have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

Sec. 3.  17 V.S.A. § 2640(c) is amended to read:

(c)  In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system, Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted on that day at the annual meeting, regardless of the location of the polling place.

Sec. 4.  17 V.S.A. § 2664 is amended to read:

§ 2664.  BUDGET

A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights.  It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses.  If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectmen selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted.  The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in the town budget.  The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Sec. 5.  17 V.S.A. § 2680(g) is amended to read:

(g)  Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.  The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used.  The hearing under this subsection may be held in conjunction with the meeting held under subsection 2640(c), in which case the moderator shall preside.

Sec. 6.  24 V.S.A. § 871 is amended to read:

§ 871.  ORGANIZATION OF SELECTMEN SELECTBOARD;

     APPOINTMENTS

Forthwith after their election and qualification, the selectmen selectboard shall organize and elect a chairman chair and, if so voted, a clerk from among their number, and file a certificate of such election for record in the office of the town clerk.  Such selectmen shall The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may thereupon appoint from among the legally qualified voters the following officers who shall serve until their successors are appointed and qualified, and shall certify such appointments to the town clerk who shall record the same:

(1)  Three fence viewers;

(2)  A poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;

(3)  One or more inspectors of lumber, shingles and wood; and

(4)  One or more weighers of coal; and

(5)  A tree warden.

Sec. 7.  24 V.S.A. § 1535(a) is amended to read:

(a)  The board may abate in whole or part taxes, interest, and or collection fees, other than those arising out of a corrected classification of homestead or nonresidential property, accruing to the town in the following cases:

* * *

Sec. 8.  24 V.S.A. § 4442(c) is amended to read:

(c)  Routine adoption.

(1)  A bylaw, amendment, or repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, amendment, or repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.

(2)  However, a rural town with a population of fewer than 2,500 persons, by action of the legislative body or by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue.  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.

Sec. 9.  32 V.S.A. § 1671(a)(6) is amended to read:

(6)  Notwithstanding any other provision of law to the contrary, for the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $8.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $8.00 shall be charged;

Sec. 10.  32 V.S.A. § 4774(b) is amended to read:

(b)(1)  The treasurer or collector shall deposit to the general fund any tax overpayment by a taxpayer who has paid by mail or electronic fund transfer, provided that:

(1)(A)  the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and

(2)(B)  the overpayment amount is $2.00 $10.00 or less.

(2)  If the taxpayer requests refund of such an overpayment within one year of payment, the treasurer or collector shall refund it.

Sec. 11.  32 V.S.A. § 5137 is amended to read:

§ 5137. RECORDING DELINQUENT PAYMENTS

A collector of taxes for a town or municipality within it shall receipt for every payment made to the collector on account of delinquent taxes.  Such receipt shall be written in triplicate in a bound book or other permanent record purchased at the expense of the municipality and shall indicate the date of the payment, the name of the person making the payment, the name of the person against whom was assessed the tax on which the payment is to be applied, the year in which such tax was assessed and if a partial payment on an annual tax bill, whether applied on poll, personal property or real estate taxes.  Such collector shall detach and deliver the original receipt forthwith to the person making the payment and one copy thereof within 30 days to the town clerk who shall keep such copy on file.  Such collector shall purchase at the expense of the municipality for which the collector is acting a sufficient number of such bound triplicate receipt books having the sets of originals and copies consecutively numbered.  Annually, on or before February 5, the collector shall deliver to the auditors of each municipality for which the collector is acting all such bound volumes in which entries pertaining to such municipality have been made during the year ending January 31 next preceding, and the auditors shall audit the books forthwith and after the completion of audit shall return such books to such collector.

and that upon passage, the title of the bill shall read:

“AN ACT RELATING TO MISCELLANEOUS AMENDMENTS TO LOCAL ELECTION AND MUNICIPAL GOVERNMENT LAWS

(Committee vote: 11-0-0)

Amendment to be offered by Rep. Martin of Wolcott to H. 436

Moves the proposal of amendment of Government Operations be further amended as follows::

First:  In Sec. 1, in the first sentence, after “town clerk,” by inserting “treasurer,

Second:  By striking Sec. 7 in its entirety and renumbering the remaining sections to be numerically correct

Amendment to be offered by Rep. Branagan of Georgia to H. 436

Moves to amend the bill by adding a new Sec. 1 a to read as follows:

Sec. 1a.  17 V.S.A. § 2402(d) is amended to read:

(d) A statement of nomination and a completed and signed consent form shall be filed not later sooner than the time for filing the statements petitions prescribed in section 2386 2356 of this title and not later than the time for filing the statements prescribed in section 2386 of this title. No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.

Action Postponed Until Wednesday, M arch 19, 2008

H. 617

     An act relating to guardianships.

Pending Action: Third reading of the bill

Amendment to be offered by Rep. Jewett of Ripton to H. 617

Moves to amend the bill as follows:

First: in Sec.1, 14 V.S.A., by striking § 3060 and inserting in lieu thereof a new § 3060 to read as follows:

§ 3060.  POLICY

Guardianship for mentally disabled persons shall be utilized only as necessary to promote the well‑being of the individual and to protect the individual from violations of his or her human and civil rights.  It shall be designed to encourage the development and maintenance of maximum self‑reliance and independence in the individual and only the least restrictive form of guardianship shall be ordered only to the extent required by the individual’s actual mental and adaptive limitations.  The state of Vermont recognizes the fundamental right of an adult with capacity to determine the extent of health care the individual will receive.

Second: in Sec.1, 14  V.S.A.§ 3061, by adding new subdivisions (10), (11), and (12) to read a follows:

(10)  "Capacity to make medical decisions" means an individual's ability to make and communicate a decision regarding proposed health care based upon having a basic understanding of the diagnosed condition and the benefits, risks, and alternatives to the proposed health care.

(11)  "Informed consent" means the consent given voluntarily by an individual with capacity after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care.

(12)  “Assent” means a communication by a person under guardianship that a proposed health care decision by his or her guardian is consistent with his or her preferences, when that person has been found to lack the capacity to provide informed consent.

Third: in Sec.1, 14 V.S.A., by striding § 3068a in its entirety and inserting in lieu thereof a new § 3068a to read a follows:

§ 3068a.  RIGHTS OF A WARD PERSON UNDER GUARDIANSHIP

  A ward person under guardianship retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and United States constitutions and all the laws and regulations of Vermont and the United States.  These rights include:

(1)  The right to participate in decisions made by the guardian and to have personal preferences followed unless:

(A)  the preference is unreasonable and would result in actual harm; or

(B)  the ward person under guardianship does not have a basic understanding of the benefits and consequences of his or her chosen preference.

(2)  The right, without interference from anyone, to retain an attorney and to communicate freely with counsel, the court, ombudsmen, advocates of his or her choosing, and other persons authorized by law to act as an advocate for the ward person under guardianship.

(3)  The right to retain an attorney and seek legal advice independently without consent of the guardian, provided that any legal fees not authorized by the guardian are subject to review and approval by the court.

Fourth: in Sec.1, 14  V.S.A., by striking § 3074 in its entirety and inserting in lieu thereof a new § 3074 to read as follows:

§ 3074.  INSTITUTIONALIZATION OF MENTALLY DISABLED PERSONS COMMITMENT, STERILIZATION, INVOLUNTARY TREATMENT, AND INVOLUNTARY MEDICATION

Nothing in this chapter shall give the guardian of a ward person authority to:

(1) place that person in a state school or hospital except pursuant to section 7601 et seq. of Title 18 or section 8801 et seq. of Title 18 a unit of an inpatient hospital which is locked to prevent involuntary patients from eloping, including the Vermont state hospital or any psychiatric unit of a designated hospital as defined under 18 V.S.A. § 7101(4), except as provided in subsection 3075(h) of this title.

(2)  consent to an involuntary treatment or medication petition pursuant to chapter 181 of Title 18.

(3)  consent to sterilization or to a petition for involuntary sterilization pursuant to chapter 204 of Title 18.

(4) consent to a petition for custody, care, or habilitation filed pursuant to chapter 206 of Title 18.

Fifth: in Sec.1, 14 V.S.A., by striking section § 3075 in its entirety and inserting in lieu thereof a new § 3075 to read as follows:

§ 3075.  CONSENT FOR MEDICAL OR DENTAL TREATMENT

(a)  When a ward whose right to consent to surgery or other medical procedure has not been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the treating physician shall determine if the person’s physical condition is such that the person has sufficient capacity to make a responsible decision.  If the person has such capacity, his informed consent shall be obtained before such surgery or medical procedure is performed.  In such cases, the ward’s consent shall be determinative and no other consent is necessary A person under guardianship retains the right to make medical and dental decisions unless that right has been restricted pursuant to subdivision 3069(c)(2) of this title.

(b)  When a ward whose right to consent to surgery or other medical procedures has been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the guardian may give such consent upon the advice of the treating physician and after obtaining permission of the probate court, after hearing, upon such notice as the court may direct.

     A person whose right to make medical decisions has been restricted pursuant to subdivision 3069(c)(2) of this section who has the capacity to make a specific medical decision retains the right to make that decision.

(c) Unless an advance directive or the authority of an agent is expressly revoked or modified by the court pursuant to section 9718 of Title 18, the advance directive of a person under guardianship shall remain in effect, and the agent shall have sole authority to make health care decisions for the person under guardianship pursuant to chapter 231 of Title 18. 

(d)  If there is no agent named in the advance directive, or if the office of agent is vacant, the guardian shall follow the instructions contained in the advance directive.

(e)  For a person whose right to consent to medical or dental procedures has been restricted pursuant to subdivision 3069(b)(2) of this title, the guardian may give or withhold consent pursuant to this section and subject to any constitutional right of the person under guardianship to refuse treatment.

(f)  Consent to the procedure shall be given or withheld consistent with the manner in which the person under guardianship would have given or withheld consent, provided there is sufficient information concerning the person’s wishes.  In making this determination, the guardian and the court in reviewing a guardian’s decision under this section shall:

(1)  rely on written and oral expressions of the person under guardianship;

(2)  rely on available information concerning the wishes, values, beliefs, and preferences of the person under guardianship if the person’s written and oral expressions do not provide sufficient information; and

(3)  follow the best interests of the person under guardianship if subdivisions (1) and (2) of this subsection are inapplicable.  No decision to withhold or abate medical treatment will be based solely on the age, economic level, or level of disability of the person under guardianship.

(g)(1)  The guardian shall obtain prior written approval by the probate court following notice and hearing:

(A)  if the person under guardianship objects to the guardian’s decision, on constitutional grounds or otherwise;

(B)  if the court orders prior approval for a specific surgery, procedure, or treatment, either in its initial order pursuant to subdivision 3069(c)(2) of this title or anytime after appointment of a guardian;

(C)  except as provided in subdivision (2) of this subsection, and unless the guardian is acting pursuant to an advance directive, before withholding or withdrawing life-sustaining treatment other than antibiotics; or

(D)  unless the guardian is acting pursuant to an advance directive, before consenting to a do-not-resuscitate order unless a clinician as defined in subdivision 9701(5) of Title 18 certifies that an attempt to resuscitate would not prevent death and that the person under guardianship is likely to experience cardiopulmonary arrest before court approval can be obtained.  The guardian shall obtain the clinician’s certification prior to consenting to the

do-not-resuscitate order and shall file the clinician’s certification with the court after consent has been given.

(2)  The requirements of subdivision (1)(C) of this subsection shall not apply if obtaining a court order would be impracticable due to the imminent death of the person under guardianship.

(h)  The procedures in chapter 181 of Title 18 shall be the exclusive mechanism to obtain approval for administration of nonemergency involuntary psychiatric medication to a person under guardianship.

Third Reading

H. 203

     An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will.

H. 306

     An act relating to telemarketing.

H. 331

     An act relating to financing the purchase of a mobile home.

H. 588

     An act relating to property loaned to museums.

H. 616

     An act relating to farm-fresh milk.

     Amendment to be offered by Rep. McAllister of Highgate to H. 616

     Moves to amend the bill as follows:

First:  By striking Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:

Sec. 1.  6 V.S.A. § 2723(3) is amended to read:

(3)  A person who produces and sells or offers for sale less than 25 50 quarts of milk in any one day, but in such case an inspection may shall be made pursuant to section 2742 of this chapter and reasonable sanitary requirements regulations adopted by the secretary pursuant to section 2701 of this chapter shall be complied with.

Second:  By inserting a new section, to be Sec. 2, to read as follows:

Sec. 2.  6 V.S.A. § 2742 is amended to read:

§ 2742. DAIRY FARMS

Before a dairy farm may sell or offer for sale, milk to a handler, or to the general public and at least once twice a year thereafter, the secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures and sanitation conditions.  He The secretary may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities or the federal government in lieu of inspection by the secretary, provided their standards and administration are substantially equal to the standards established by the secretary under the provisions of this part.  All milk producers shall comply with state-federal-cooperative livestock disease control and/or and eradication programs.

and by renumbering the remaining section to be numerically correct

H. 700

     An act relating to sale of  bottles of wine at festivals.

H. 704

     An act relating to notices of transfer of policies to an affiliate proved by an insurer.

H. 764

     An act relating to expanded eligibility for Vermont Veterans’ Medal.

H. 776

     An act relating to computation of the basic needs budget and the livable wage.

H. 777

     An act relating to the certificate of need program.

H. 783

     An act relating to home improvement fraud.

H. 809

     An act relating to requiring annual fire safety inspections for approved independent residential schools.

H. 863

     An act relating to creation and preservation of affordable housing and smart growth development.

Amendment to be offered by Rep. Helm of Castleton to H. 863

Moves the bill be amended by adding a new Sec. 27 to read:

Sec. 27.  32  V.S.A. §3481 (1) is amended to read:

(1) "Appraisal value" shall mean, with respect to property enrolled in a use value appraisal program, the use value appraisal as defined in subdivision 3752(12) of this title, multiplied by the common level of appraisal, and with respect to all other property, the estimated fair market value. The estimated fair market value of a property is the price which the property will bring in the market when offered for sale and purchased by another, taking into consideration all the elements of the availability of the property, its use both potential and prospective, any functional deficiencies, and all other elements such as age and condition which combine to give property a market value. Those elements shall include a consideration of a decrease in value in nonrental residential property due to a housing subsidy covenant as defined in section 610 of Title 27, or the effect of any state or local law or regulation affecting the use of land, including but not limited to chapter 151 of Title 10 or any land capability plan established in furtherance or implementation thereof, rules adopted by the state board of health and any local or regional zoning ordinances or development plans. In determining estimated fair market value, the sale price of the property in question is one element to consider, but is not solely determinative.

For residential rental property that is subject to a housing subsidy covenant or other legal restriction, imposed by a governmental, quasi-governmental, or public purpose entity, on rents that may be charged, fair market value shall be determined by an income approach using the following elements:

(A) market rents with utility allowance adjustments for the geographic area in which the property is located as determined by the federal office of Housing and Urban Development or in the case of properties authorized under 42 U.S.C. § 1437, 12 U.S.C. § 1701q, 42 U.S.C. § 1485, 12 U.S.C. § 1715z-1, 42 U.S.C. § 1437f, and 24 CFR Part 882 Subpart D and E, the higher of contract rents (meaning the amount of federal rental assistance plus any tenant contribution) and HUD market rents;

(B) actual expenses incurred with respect to the property which shall be provided by the property owner in a format acceptable to the commissioner and certified by an independent third party, such as a certified public accounting firm or public or quasi-public funding agency;

(C) a vacancy rate that is 50 percent of the market vacancy rate as determined by the United States Census Bureau with local review by the Vermont housing finance agency; and

(D) a capitalization rate that is typical for the geographic area determined and published annually prior to April 1 by the division of property valuation and review after consultation with the Vermont housing finance agency.

H. 871

     An act relating to professional requirements for the deputy attorney general, assistant attorneys general, probate judges, deputy state’s attorneys, constables and sheriffs.

H. 879

An act relating to the repeal of unnecessary, duplicative, and burdensome reports; the improved timeliness and efficiency of special education audits; and the simplification of union school district formation.

H. 880

An act relating to the Vermont pension investment committee.

H. 881

An act relating to the role of electric and gas utilities in facilitating the deployment of communications facilities throughout the state.

Committee Bills for Second Reading

H. 883

An act relating to miscellaneous amendments to Vermont’s public retirement system.

(Rep. Atkins of Winooski will speak for the Committee on Government Operations.)

H. 884

An act relating to ensuring quality in prekindergarten education programs offered by or through school districts.

(Rep. Kilmartin of Newport will speak for the Committee on Education.)

H. 885

An act relating to developing consistent measurement standards for economic growth.

(Rep. Botzow of Pownal will speak for the Committee on Commerce.)

H. 886

An act relating to Vermont Health E-Fund.

(Rep. Maier of Middlebury will speak for the Committee on Health Care.)

 

Action Postponed Until Friday, March 21, 2008

H. 689

     An act relating to utility prescriptive rights.

Pending Action: Second reading of the bill.

 

 

JOINT ASSEMBLY

Thursday, March 20, 2008 - 10:30 A.M. - House Chamber - Retention of Superior Court Judges:  Hon. Amy M. Davenport, Hon. Katherine A. Hayes.

Retention of District Judges:  Hon. Nancy S. Corsones, Hon. Walter M. Morris, Jr., Hon. David T. Suntag.

Retention of Environmental Judge:  Meredith Wright.

 

PUBLIC HEARINGS

     Thursday, March 27, 2008, Room 11 – 5:00 –7:00 PM, House Committee on Fish, Wildlife and Water Resources – H. 543  Funding of the Department of Fish and Wildlife

 

 

 

 

 

 

 



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