Download this document in MS Word format


AutoFill Template

House Calendar

WEDNESDAY, APRIL 2, 2008

86th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Action Postponed Until Wednesday

Favorable

H. 889  Relating to the State’s Transportation Program................................. 1455

          Rep. Westman for Transportation

          Rep. Helm for Appropriations

     Third Reading

H. 685  Enforcement of Environmental Laws................................................ 1455

          Rep. Deen Amendment....................................................................... 1455

H. 711  Agricultural, Forestry and Horticultural Education............................. 1457

          Rep. Barnard Amendment.................................................................. 1457

H. 887 Relating to Health Care Reform........................................................ 1458

          Rep. Chen Amendment....................................................................... 1458

H. 890  Compensation for Certain State Employees..................................... 1458

          Rep. Atkins Amendment..................................................................... 1458

S. 280  Relating to Prosthetic Parity.............................................................. 1459

Favorable with Amendment

S. 45  Right to Attend Town Meeting........................................................... 1459                    Rep. McDonald for Government Operations

 

 

 

NOTICE CALENDAR

Favorable

H. 891  Making Appropriations for Support of Government......................... 1459

          Rep. Heath for Appropriations

          Rep. Smith for Ways and Means......................................................... 1460

          Rep. Heath Amendments.................................................................... 1460

          Rep. O’Donnell Amendment............................................................... 1465

          Rep. Donahue Amendment................................................................. 1466

          Rep. Donahue Amendment................................................................. 1466

          Rep. Donahue Amendment................................................................. 1467

 

J.R.H. 55  Resolution to adopt a Revised State Energy Plan......................... 1467

          Rep. Weston for Natural Resources and Energy

Action Postponed Until Thursday, April 3, 2008

H. 545  Relating to the Agency of Human Services....................................... 1467

 

Ordered to Lie

H. 549  Establishing Buffer Zones Along Waterways.................................... 1467

H. 689  Utility Prescriptive Rights................................................................. 1467

 

 

 

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

     Action Postponed Until Wednesday, April 2, 2008

Favorable

H. 889

An act relating to the state’s transportation program.

(Rep. Westman of Cambridge will speak for the Committee on Transportation.)

Rep. Helm of Castleton, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Third Reading

H. 685

     An act relating to enforcement of environmental laws.

          Amendment to be offered by Rep. Deen of Westminster to H. 685

     Moves that the bill be amended as follows:

First:  In Sec. 3, 10 V.S.A. § 8007, by striking subdivision 8007(b)(2)(B) in its entirety and inserting in lieu thereof the following:

(B)  in the event that a respondent fails to comply with subdivision (A) of this subdivision (2), the respondent shall place the funds into either an attorneys’ interest on lawyers’ trust account (IOLTA) or an escrow account until such time as the terms of the agreement between the secretary and the respondent authorize the release of the funds, provided that the secretary may, as a term of the agreement, require payment of the funds as a monetary penalty if noncompliance with subdivision (A) of this subdivision (2) continues.

Second:  In Sec. 4, 10 V.S.A. § 8008, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  An order shall include:

(1)  a statement of the facts which provide the basis for claiming the violation exists;

(2)  identification of the applicable statute, rule, permit, assurance or order;

(3)  a statement that the respondent has a right to a hearing under section 8012 of this title, and a description of the procedures for requesting a hearing;

(4)  a statement that the order is effective on receipt unless stayed on request for a hearing filed within 15 days; and

(5)  if applicable, a directive that the respondent take actions necessary to achieve compliance, to abate potential or existing environmental or health hazards, and to restore the environment to the condition existing before the violation; and

(6)  a statement that unless the respondent requests a hearing under this section, the order becomes a judicial order when filed with and signed by the environmental court.

Third:  By adding a Sec. 6a to read as follows:

Sec. 6a.  10 V.S.A. § 8012(b) is amended to read:

(b)  The environmental court shall have authority to:

* * *

(4)  to review and determine anew the amount of a penalty by applying the criteria set forth in subsection 8010(b) subsections 8010(b) and (c) of this title; and

* * *

Fourth:  In Sec. 7, by striking “fails to pay an assessed penalty” where it appears in the second sentence of 10 V.S.A. § 8014(b) and inserting “fails to pay a penalty assessed under 10 V.S.A. §§8007(b)(3), 8010(c), or 8012” in lieu thereof

Fifth:  In Sec. 10, 10 V.S.A. § 8221(b)(6), by striking “subsection 8010(b)” where it appears and inserting in lieu thereof “8010(b) and (c)

Sixth:  In Sec. 12 by striking “the attorney general and the land use panel” where it appears in the first sentence and inserting “the attorney general, the land use panel, and the department of information and innovation” in lieu thereof

Seventh:  By striking Sec. 13 in its entirety and inserting in lieu thereof the following:

Sec. 13.  ENVIRONMENTAL ENFORCEMENT OFFICERS

On or before January 1, 2009, the agency of natural resources shall submit to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy a report that considers whether the commissioner of the department of fish and wildlife should deputize environmental enforcement officers employed by the agency as deputy game wardens.  If the agency recommends that environmental enforcement officers should be deputized as deputy game wardens, the agency shall include in its report a plan to execute such recommendation.

Eighth:  By striking Sec. 14 in its entirety and inserting in lieu thereof the following:

Sec. 14.  AGENCY OF NATURAL RESOURCES REPORT ON

               IMPLEMENTATION OF PERMITTING POTABLE WATER

               SUPPLIES AND WASTEWATER SYSTEMS

On or before January 15, 2009, the agency of natural resources shall submit to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy a status report regarding implementation of the potable water supply and wastewater system permitting program authorized under No. 32 of the Acts of 2007.  The report shall include:

(1)  The number of persons applying for permits for potable water supplies and wastewater systems;

(2)  The number of site visits completed by agency of natural resources personnel to review applications for permits for potable water supplies and wastewater systems; and

(3)  The number of and disposition of actions brought by the agency of natural resources to enforce the permit requirements for potable water supplies and wastewater systems.

H. 711

     An act relating to agricultural, forestry and horticultural education.

     Amendment to be offered by Rep. Barnard of Richmond to H. 711

     Moves the bill be amended as follows:

First:  In Sec. 3, subsection (a), by striking the words “in secondary schools and regional technical centers” and inserting in lieu thereof the following: “in secondary schools, regional technical centers, and the community high school of Vermont

Second:  In Sec. 3, subsection (b), in the first sentence, after the words “to the house and senate committees on agriculture and on education” by adding the following: “and the senate committee on economic development, housing and general affairs

H. 887

An act relating to health care reform.

Amendment to be offered by Rep. Chen of Mendon to H. 887

     Moves that the bill be amended by striking Sec. 37(2) in its entirety and inserting in lieu thereof the following:

(2) The sum of $50,000 is appropriated from the general fund to the department of health and shall be deposited in the loan forgiveness/incentive scholarship fund and used for the purposes of the loan forgiveness program for health care providers through the dental student incentive loan program.  Such funds, in addition to monies appropriated for this program elsewhere, shall provide total funding of $150,000 in fiscal year 2009.

 H. 890

     An act relating to compensation for certain state employees.

Amendment to be offered by Rep. Atkins of Winooski to H. 890

Moves to amend the bill as follows:

First:   In Sec. 9, after “earning up to” and before “$28.85/hour” by inserting “and including

Second:  In Sec. 10, subdivision (a)(1)(C), in the first sentence, by striking “anticipated” and inserting in lieu thereof “excess

Third:  In Sec. 10, subdivision (a)(1)(C), in the second sentence, by striking “funds” and inserting in lieu thereof “fund

Fourth:  In Sec. 10, subdivision (a)(2)(B), after “distribution” and before “the agency of transportation” by inserting “to

Fifth:  In Sec. 10, subdivision (a)(2)(C), in the first sentence, by striking “anticipated” and inserting in lieu thereof “excess

Sixth:  In Sec. 10, subsection (b), by striking “units” and inserting in lieu thereof “unit

Seventh:  In Sec. 10, by adding subsections (d) and (e) as follows:

(d)  With due regard to the possible availability of other funds, for fiscal year 2009, the secretary of administration may transfer from the various appropriations and various funds and from the receipts of the liquor control board such sums as the secretary may determine to be necessary to carry out the purposes of this act to the various agencies supported by state funds.

(e)  This section shall include sufficient funding to ensure administration of exempt attorney pay plans, including deputy state’s attorneys and public defenders, subject to the approval of the secretary of administration.

Eighth:  In Sec. 12, subdivision (e)(2)(A), by striking “to be

S. 280

An act relating to prosthetic parity.

Favorable with Amendment

S. 45

An act relating to the right to attend town meeting.

Rep. McDonald of Berlin, for the Committee on Government Operations, 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.  21 V.S.A. § 472b is added to read:

§ 472b.  TOWN MEETING LEAVE; EMPLOYEES; STUDENTS

(a)  Subject to the essential operation of a business or entity of state or local government, which shall prevail in any instance of conflict, an employee shall have the right to take unpaid leave from employment under this section or subsection 472a(c) of this title for the purpose of attending a town meeting, provided the employee notifies the employer at least seven days prior to the date of the town meeting.  An employer shall not discharge or in any other manner retaliate against an employee for exercising the right provided by this section.

(b)  A student of voting age shall have the right to attend a town meeting, and the school shall not penalize or report the student as a truant for exercising the right provided by this section.

(Committee vote: 9-0-2)

NOTICE CALENDAR

H. 891

An act relating to making appropriations for support of government.

(Rep. Heath of Westford will speak for the Committee on Appropriations.)

Rep. Smith of Morristown, for the Committee on Ways and Means, recommends the bill ought to pass.

( Committee Vote: 9-2-0)

Amendment to be offered by Rep. Heath of Westford to H. 891

moves to amend the bill as follows:

First:  On page 1, line 6, by striking out “2007” and inserting in lieu thereof “2008”

Second:  On page 39, line 4 by striking out the figure “133,008,878” and inserting in lieu thereof the figure “133,758,878” and on line 8 by striking out the figure “8,936,672”, and inserting in lieu thereof the figure “8,186,672”

Third:  On page 56, lines 8 and 14, by striking out the figure “139,073,290” and inserting in lieu thereof the figure “$139,081,290”, and on line 10, by striking out the figure “177,693” and inserting in lieu thereof the figure “$185,693”

Fourth:  On page 60, lines 6 and 8, by striking out the figure “139,096” and inserting in lieu thereof the figure “$131,096”

Fifth:  On page 91, line 12, by striking out the figure “8,000,000” and inserting in lieu there of the figure “8,852,658”

Sixth:  On page 92, by striking out line 7 in its entirety and inserting a new subsection (c) to read as follows:

(c) Vermont housing finance agency (VHFA) and the Vermont economic development authority (VEDA) per Sec. 5.802(a)(3)

Seventh:  On page 93, line 1 by striking out the figure “$9,783,258” and inserting in lieu thereof the figure “$14,383,258”, and on line 20, by striking out the figure “$500,000”, and on line 21 by striking out the figure “$5,345,445”, and inserting in lieu thereof the figure “$4,595,445”

Eighth:  On page 104, after line 13, by adding a new subsection (b) to read as follows:

(b)  Two (2) full time exempt assistant attorney general positions (#047010, #047007) shall be transferred from the department of human resources to the office of the attorney general. 

Ninth:  On page 108, line 20, by striking out the word “reques” and inserting in lieu thereof “request”

Tenth:  In Sec. 5.202, on page 111, by striking out lines 13-21 in their entirety, and on page 112, by striking out lines 1-21 in their entirety, and on page 113, by striking out lines 1-16 and by adding a new subsection (c) to read as follows 

(c) The secretary of human services and the office of Vermont health access shall explore the possibility of receiving federal matching funds to maximize its ability to contribute to the health IT-fund established in section 4089k of Title 8.

Eleventh:  On page 133, line 12, by striking out the figure “692,000” and inserting in lieu thereof the figure “792,000”

Twelfth:  On page 135, after line 8 by inserting a new subsection (c) to read as follows:

(c) Of this general fund appropriation, $109,000 shall be used as a grant to Dismas House of Vermont, Inc.

Thirteenth:  On page 147, line 14 by striking out “2.804” and inserting in lieu thereof 2.803”

Fourteenth:  On pages 167 and 168 by striking out Sec. 6.017 in its entirety and inserting in lieu thereof a new Sec. 6.017 to read as follows:

Sec. 6.017.  33 V.S.A. § 2073(d)(2) is amended to read:

(2) An individual shall contribute the following base cost-sharing amounts which shall be indexed to the increases established under 42 C.F.R. § 423.104(d)(5)(iv) and then rounded to the nearest dollar amount:

(A) In the case of recipients whose household income is no greater than 150 percent of the federal poverty level, such premium shall be $17.00 $13.00 per month or $156.00 per year in the case of recipients whose household income is no greater than 150 percent of the federal poverty level.

(B) In the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level, the premium shall be $23.00 $17.00 per month or $204.00 per year in the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level.

(C) In the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level, the premium shall be $50.00 $35.00 per month or $420.00 per year in the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level.

Fifteenth:  On page 176, after line 13, by inserting a new Sec. 6.023 to read as follows:

Sec. 6.023.      10  V.S.A. § 1 is amended to read:

§ 1.  COMMISSION ON THE FUTURE OF ECONOMIC DEVELOPMENT

(a) There is established a commission on the future of economic development to cooperatively plan the free enterprise economy of Vermont.  The commission is established by the legislature for the purpose of fostering cooperative planning in recognition that the economy of the state will be stronger with a consensus on common goals and directives and with an approach that builds on the unique strengths and challenges of doing business in Vermont.

(b) The commission shall consist of 12 voting members. The governor shall appoint five members, including a chair of the commission; the speaker of the house shall appoint one member, who shall be a member of the house of representatives; and the committee on committees shall appoint one member, who shall be a member of the senate. The speaker of the house and the president pro tempore of the senate shall jointly appoint two members who are not legislators. The Vermont labor council shall appoint one member representing labor; the Vermont association of nonprofit organizations shall appoint one member representing nonprofit organizations, and the governor shall appoint a self-employed person. In addition, the secretary of commerce and community development and the executive director of the economic incentive review board shall serve as ex officio nonvoting members.

(b) (c) The first commission shall serve a term from the date of appointment through June 30, 2012, and beginning July 1, 2012, appointed commission members shall serve for four-year terms. Beginning July 1, 2012, three of the five at large members to be appointed by the governor, and one of the two non-legislative members to be appointed jointly by the speaker of the house and president pro tempore of the Senate, shall serve an initial term of two years. Except for these initial appointments, all appointed members shall serve four year terms, and a member may be reappointed for consecutive terms. Board members shall be entitled to payments for per diem and expenses as provided under section 1010 of Title 32; and legislative members shall be entitled to payments for per diem and expenses as provided in 2 V.S.A. § 406.

(c) (d) On September 15, 2007 December 1, 2008, and thereafter, every five years beginning December 1, 2011 December 1, 2012, the commission shall report to the senate committee on economic development, housing and general affairs, the senate committee on finance, the house committee on commerce, the house committee on ways and means and the governor a proposed five-year economic development plan for the state of Vermont. The commission may contract with a consultant for purposes of developing the plan, and shall apply to the emergency board for any expenses the commission may incur in its official duties.

(d) (e) The commission shall report to the joint fiscal committee at such times as the committee shall request on the progress of the commission's economic planning.

(e) (f) Each commission's five-year plan shall:

(1) Establish a vision and identify the long-term goals for Vermont economic development and job retention in light of the local and global economic climate and for increasing the well-being of Vermonters and their communities.

(2) Include a meaningful benchmark process that sets economic development goals with an approach that builds on the unique strengths and challenges of doing business in Vermont and measures the state's position relative to those goals.

(3) The plan shall identify Identify prioritized criteria by which to evaluate legislative proposals for economic development programs in the coming five years which will best serve the goals of the five-year plan.

(f) (g)  In fulfilling its economic development planning responsibilities, the commission shall:

(1) Conduct a planning process planning processes that is are open and inclusive, with broad-based public engagement ensuring participation that is demographically and geographically representative of the state and includes input from a wide range of perspectives, expertise and interests, including the general assembly, state agencies and the administration, regional and local planning and development organizations, municipalities, the private sector, and business organizations, including owners, knowledgeable in the areas of economic interest such as agriculture, social and human services, energy, education, child care, environmental issues, science and technology, arts and culture, transportation, telecommunications, housing, workforce development, and tourism and recreation.

(2) Build a plan by coordinating and considering existing economic development information and strategic plans produced by other organizations and agencies, such as regional economic development strategic plans, comprehensive economic development strategies (CEDS), legislative initiatives, and research and reports by organizations such as the Vermont business roundtable, the Vermont council on rural development, the Vermont technology council, the Vermont sustainable jobs fund, and the University of Vermont.

(3) Include an examination and re-evaluation of the issues critical to encouraging all sizes of business to develop in Vermont, including workforce development, development of higher education institutions, infrastructure development, quality of life issues and tax policy.

(4) Discuss and develop possible working definitions a working definition of the creative economy in the state, identifying and aggregating the creative, artistic, inventive and cultural enterprises, and other new future development sectors of the economy, including media design, sustainable technologies, added value manufacturing, natural resource industries, and environmental technologies, and “green” technologies that comprise part of the state's creative technology and review possible measures and indicators of economic benefit, costs, and contributions to the state from the creative economy sector.

(5) Include the development of a meaningful benchmark process that sets economic development goals appropriate for Vermont and measures the state's position relative to those goals.

(6) Consider and make recommendations to the legislature on any other aspect of economic development that the commission deems appropriate to further the policy statement and goals established in the plan.

(g) (h) The plan commission on the future of economic development shall also consider:

(1) The cost-effectiveness of targeted business incentive grants and nonmonetary business aid such as permit and regulatory assistance or other assistance and increased development of infrastructure to further the plan’s purpose and goals.

(2) Whether targeting incentives to regions of the state with high unemployment, low wages, or other indications of need for economic development and job creation would better advance the long-term plan’s purposes and goals.

(3) Whether Vermont tax policies place Vermont businesses at a competitive disadvantage and how best to address these policies and mitigate their effects.

(4) The specific needs for development or improvement of transportation and telecommunications systems.

(5) The types of postsecondary institution expansion of development which would attract research and technology firms.

(6) The advantages and disadvantages of privatizing all or a portion of economic development functions of the state to further the plan’s purposes and goals.

Sixteenth:  On page 176 after line 17, by adding a new subsection (b) to read as follows:

(b) Sec. 5.101(b) shall take effect June 8, 2008.

Seventeenth: In Sec. 5.110 (Center for Crime Victims Services), by striking subsection (b) in its entirety and in lieu thereof inserting a new subsection (b) to read:

(b) 13 V.S.A. § 5363 (d)(1)(A) is amended to read:

(A) was first ordered by the court to receive restitution on or after July 1, 2004.

Eighteenth:  In Sec. 5.110 (Center for Crime Victim Studies), in subsection (c), by adding an additional sentence at the end of the subsection to read:

    “Additionally, it is the intent of the legislature that in fiscal year 2011 the $182,215 grant to the department of children and families for the domestic violence unit, the $150,000 grant to the Vermont network against domestic violence, and the $100,000 grant to the department of corrections victim’s services be supported with general funds.”

Nineteenth: In Sec. 5.211 (Health- health improvement), by striking subsection (e) in its entirety and in lieu thereof inserting a new subsection (e) to read:

(e) “Of this appropriation, $100,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program, the nurse incentive loan program, and the dental student incentive loan program.

Amendment to be offered by Rep. O’Donnell of  Vernon to H. 891

Moves to amend the bill as follows:

     First:  In Sec. 2.201, page 38, line 12, by striking out the figure “3,546,153” and inserting in lieu thereof the figure 3,576,153  and on line 15, by striking out the figure “4,235,112 ” and inserting in lieu thereof the figure 4,265,112  and on lines 13 and 20, by striking out the figure “13,527,758” and inserting in lieu thereof the figure 13,557,758 

     Second: In Sec. 5.201, page 109, after line 19, by adding a new subsection (e) to read as follows:

     (e)  The secretary of the agency of human services shall ensure that funding of $100,000 is available to the pathways to housing program, at least $30,000 shall be available from the funds appropriated to the secretary and remainder shall be available from the funds appropriated in other areas of the  agency of human services.

Amendment to be offered by Rep. Donahue of Northfield to H. 891

Moves the bill be amended in Sec. 6.008 by striking that section in its entirety and inserting in lieu thereof the following:

Sec. 6.008.  22 V.S.A. § 903(c) is amended to read:

(c)(1)  The commissioner shall contract enter into a grant agreement the Vermont information technology leaders (VITL), a broad‑based health information technology advisory group that includes providers, payers, employers, patients, health care purchasers, information technology vendors, and other business leaders, to develop the health information technology plan, including applicable standards, protocols, and pilot programs.  In carrying out their responsibilities under this section, members of VITL shall be subject to conflict of interest policies established by the commissioner to ensure that deliberations and decisions are fair and equitable.

(2)  The VITL bylaws shall ensure that the membership of the VITL board is constituted in such a way that a majority of the board comprises state agency representatives and consumers and employers who purchase health care.  The bylaws shall also ensure that, at any meeting at which the annual budget and workplan, state health information technology plan, or a report to the legislature is adopted, the quorum requirement shall be a majority of the board members who are state agency representatives, and consumers and employers who purchase health care present and voting.

(2)(3)  VITL shall be designated in the plan to operate the exclusive statewide health information exchange network for this state, notwithstanding the provisions of subsection (g) of this section requiring the recommendation of the commissioner and the approval of the general assembly before the plan can take effect. Nothing in this section shall impede local community providers from the exchange of electronic medical data.

Amendment to be offered by Rep. Donahue of Northfield to H. 891

Moves to amend the bill in Sec. 6.021, by adding a subsection (i) to 2 V.S.A. § 962 as follows:

(i)  Any primary care practitioner receiving an electronic health information system, practice management system, or both pursuant to subdivision (a)(1) of this section shall maximize usage of such system in accordance with the guidelines developed by VITL.  A practitioner who is determined by VITL to be using the system to less than its full capacity shall be provided with an opportunity for additional instruction as needed to enable full usage of the system.  If a practitioner is unwilling or unable to utilize the system to its full capacity, such practitioner shall refund to VITL the fair market value of the system.

Amendment to be offered by Rep. Donahue of Northfield to H. 891

Moves to amend the bill by striking subsection (b) of Sec. 5.008, subsection (c) of Sec. 5.202, and Secs. 6.021 and 6.022 in their entirety and renumbering the sections of the bill and internal references to be numerically correct

J. R. H. 55

     Joint resolution requesting the public service department to adopt a revised state energy plan with new implementation recommendations in accordance with 30 V.S.A. § 202b(c).

Rep. Weston of Burlington, for the Committee on Natural Resources and Energy, recommends the resolution ought to be adopted in concurrence.

(Committee vote: 10-0-1)

Action Postponed Until Thursday, April 3, 2008

H. 545

     An act relating to the agency of human services.

Pending Action: Second reading of the bill.

Ordered to Lie

H. 549

     An act relating to establishing buffer zones along waterways of the state.

H. 689

     An act relating to utility prescriptive rights.

 

INFORMATION NOTICE

The following item was recently received by the Joint Fiscal Committee:

            JFO #2322 – Donation of approximately 30 acres of land from Great Bay Hydro Corporation to the Department of Fish and Wildlife.  This land is located on the Clyde River in Derby, is valued at $56,700 and is being donated as part of a Department land acquisition from Great Bay Hydro Corporation. 

[JFO received 03/27/08]



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us