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House Calendar

THURSDAY, APRIL 3, 2008

87th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Action Postponed Until Thursday, April 3, 2008

H. 545  Relating to the Agency of Human Services....................................... 1470

     Rep. Evans for Government Operations................................................... 1470        Rep. French for Human Services     1470

     Rep. French Amendment......................................................................... 1473

H. 889  Relating to the State’s Transportation Program................................. 1473

          Rep. Westman for Transportation

          Rep. Helm for Appropriations............................................................. 1473

          Rep. Perry et al Amendment............................................................... 1474

          Rep. Masland Amendment.................................................................. 1474

          Rep. Flory Amendment....................................................................... 1475

S. 45  Right to Attend Town Meeting........................................................... 1477                    Rep. McDonald for Government Operations

Favorable

J.R.H. 55  Resolution to adopt a Revised State Energy Plan......................... 1478

          Rep. Weston for Natural Resources and Energy

For Action Under Rule 52

H.R. 32  Creation of a Veterans’ Housing Facility in Central VT................... 1478       

NOTICE CALENDAR

Senate Proposal of Amendment

J.R.H. 44  (VITL) Vermont Health Information Technology Plan................. 1478

 

 

Ordered to Lie

H. 549  Establishing Buffer Zones Along Waterways.................................... 1479

H. 689  Utility Prescriptive Rights................................................................. 1479

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 255  Congratulating South Royalton’s Woman’s Club ..................... 1480

H.C.R. 256  Recognizing Registered Nurses for Health Care in VT.............. 1480

H.C.R. 257  Congratulating Gaines Farm 2008 VT Business Award ........... 1480

H.C.R. 258  Congratulating Brattleboro Reformer  VT Business Award....... 1480

H.C.R. 259  Congratulating Essex HS Gymnastics Team ............................. 1480

H.C.R. 260  In Memory of Violet Coffrin of Stratford.................................. 1480

H.C.R. 261  In Memory of American Military Personnel in Iraq................... 1480

H.C.R. 262  Congratulating Middlebury Inn 2008 VT Business Award........ 1480

H.C.R. 263  Congratulating Chipman Point Centennial Business Award........ 1481

H.C.R. 264  Congratulating the Palms Restaurant on 75th Anniversary ........ 1481

S.C.R. 39  In Memory of Legislative Council Mgr Delcina G. Sabourin........ 1481

S.C.R. 40  Congratulating Rutland HS Girls’ Alpine Skiing Team.................. 1481

S.C.R. 41  Congratulating Rutland HS Boys’ and Girls’ Snowboarders........ 1481

 


 

ORDERS OF THE DAY

ACTION CALENDAR

     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.

Rep. Evans of Essex, for the Committee on Government Operations.

Rep. French of Randolph, for the Committee on Human Services, recommends the bill be amended as follows:

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

Sec. 1.  3 V.S.A. § 3051 is amended to read:

§ 3051. COMMISSIONERS; DEPUTY COMMISSIONERS;                                                           APPOINTMENT; TERM

* * *

(b)  For the department of health, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:

(1)  public health;

(2)  substance abuse.

(3)  substance abuse.

(c)  For the department for children and families, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:

(1)  field operations;

(2)  economic services;

(3)(2)  child development;

(4)(3)  family services.

(d) For the department of disabilities, aging, and independent living, the secretary, with the approval of the governor, shall appoint two deputy commissioners for the following divisions of the department:

(1) operations;

(2) disabilities and aging services.

(e) Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the office of the secretary of state.

Second:  By adding a Sec. 7a to read:

Sec. 7a.  26 V.S.A. § 1317 is amended to read:

(a)  Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the commissioner of mental health, along with supporting information and evidence, any disciplinary action taken by it or its staff which significantly limits the licensee’s privilege to practice or leads to suspension or expulsion from the institution.  The report shall be made within 10 days of the date such disciplinary action was taken, and, in the case of disciplinary action taken against a licensee who is employed by, or under contract with, a community mental health center based on the provision of mental health services, a copy of the report shall also be sent to the commissioner of developmental and mental health services.  This section shall not apply to cases of resignation or separation from service for reasons unrelated to disciplinary action.

(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report the information to the commissioner of health and, to the extent the claim relates to the provision of mental health services, to the commissioner of mental health.

(c) Except as provided in section 1368 of this title, information provided to the department department of health or of mental health under this section shall be confidential unless the department decides to treat the report as a complaint, in which case, the provisions of section 1318 of this title shall apply.

* * *

Third:  By striking Sec. 9 in its entirety and inserting in lieu thereof a new Sec. 9 to read:

Sec. 9.  33 V.S.A. § 900(2) is amended to read:

(2)  “Director” or “director of rate setting” means the director of administration and rate setting.

Fourth:  By adding a Sec. 9a to read:

Sec. 9a.  33 V.S.A. § 902(b) is amended to read:

(b)  The division shall be headed by a director of administration who shall report to the secretary of the agency or his or her the secretary’s designee.

Fifth:  By adding a Sec. 11a to read:

Sec. 11a.  33 V.S.A. § 2073(f) is added to read:

(f)  A manufacturer of pharmaceuticals purchased by individuals receiving assistance from VPharm established under this section shall pay to OVHA, as a condition of participation in the program, a rebate in an amount at least as favorable as the rebate paid to OVHA in connection with the Medicaid program.

Sixth:  By striking Sec. 14 in its entirety and inserting in lieu thereof a new Sec. 14 to read:

Sec. 14.  33 V.S.A. § 2604(c) is amended to read:

(c)  In determining heating fuel costs of households:

* * *

(2)  Residents of housing units subsidized by the federal, state, or local government shall be deemed to have incurred no annual home heating fuel costs, except to the extent required by any federal law or regulation if federal funds are utilized for the home heating fuel assistance program, and with the following additional exception.  Housing unit residents that receive Aid to Needy Families with Children (ANFC) Temporary Assistance to Needy Families (TANF), Supplemental Security Income/aid to the Aged, Blind, or Disabled (SSI/AABD), ANFC TANF emergency assistance, or general assistance benefits that are used in whole or in part to pay for their housing or utility costs and do not receive other federal, state, or local government assistance targeted specifically to their housing or utility needs shall, with the exception of households for which the cost of heat is supplied by the landlord, be assumed to incur annual home heating fuel costs and their eligibility for annual heating fuel assistance shall not be limited by this subsection.

* * *

Seventh:  By striking Sec. 15 in its entirety

Eighth:  By adding a Sec. 23 to read:

Sec. 23.  REPEAL

33 V.S.A. § 2605(e) (1997 report of the home office of energy assistance) is repealed.

(Committee vote: 9-0-2)

 

 

Amendment to be offered by Rep. French of Randolph to H. 545

Moves to amend the bill by adding a new Sec. 24 to read:

Sec. 24.  Sec. 3 of No. 180 of the Acts of 2006 is amended to read:

Sec. 3.  DATA COLLECTION

(a)  On or before January 31, 2007 2009, January 31, 2010, and January 31, 2008 2011, the commissioner of the department for children and families shall report to the house committee on human services and the senate committee on health and welfare data for the preceding year regarding the transportation of children in the custody of the commissioner by a sheriff or deputy sheriff.  The data shall include the number and gender of children transported to various locations and geographic distribution of the use of such transports.

(b)  On or before January 31, 2007 2009, January 31, 2010, and January 31, 2008 2011, the commissioner of the department of health shall report to the house committee on human services and the senate committee on health and welfare data for the preceding year regarding the transportation of persons in accordance with 18 V.S.A. § 7511.  The data shall include the number, method, and location of all adult and child transports.

(c)  The department for children and families, the department of health, the department of corrections, the department of state’s attorneys and sheriffs, the office of the defender general, and the court administrator’s office shall meet to discuss protocols for the secure transport of children, persons being hospitalized for mental illness, and pregnant inmates who are in state custody and develop strategies for reducing the frequency and necessity of secure transports using mechanical restraints.  The group shall provide the house committee on human services and the senate committee on health and welfare with a letter detailing its findings and recommendations no later than

January 15, 2007 2009.

H. 889

An act relating to the state’s transportation program.

Pending Action: Second reading of the bill

(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)

 

 

Amendment to be offered by Rep. Perry of Richford, Allard of St. Albans Town, Branagan of Georgia, Consejo of Sheldon, Fitzgerald of St. Albans City, Gervais of Enosburg, Gilbert of Fairfax, Howrigan of Fairfield, Keenan of St. Albans City, LaVoie of Swanton and McAllister of Highgate to H. 889

     Moves to amend the bill by adding a new Sec. 52 to read as follows:

* * * Missisquoi Rail Trail; Appropriation * * *

Sec. 52.  MISSISQUOI RAIL TRAIL; APPROPRIATION

There shall be an annual amount appropriated from the transportation fund to the agency of transportation sufficient to maintain the 26.4-mile Missisquoi rail trail from the intersection of Routes 7 and 105 in St. Albans to Troy Street in Richford.  The agency shall maintain the trail at a general maximum grade of three percent, subject to higher grades at road crossings, at a width of 10 feet and of four feet at the closed gates, and with a crushed limestone surface except for an existing 1/3‑mile‑long asphalt segment in the village of Enosburg Falls.

and by renumbering the remaining Sec. to be numerically correct

Amendment to be offered by Rep. Masland of Thetford to H. 889

Moves to amend the bill by striking out Secs 9 and 12 and by adding a new Sec. 12 to read as follows:

Sec. 12.  TOWN HIGHWAY STATE AID

The following modifications are made to the town highway state aid program:

FY09 As Proposed           As Amended    Change

Other 24,982,744        25,430,407      447,663

Total  24,982,744        25,430,407      447,663

Sources of funds

State  24,982,744        25,430,407      447,663

Federal   0   0               0

Local 0   0   0

Total  24,982,744        25,430,407      447,663

And renumbering the sections of the bill and internal references to be numerically correct.

Amendment to be offered by Rep. Flory of Pittsford to H. 889

Moves to amend the bill by striking out Sec. 41 and Sec. 42 in their entirety and inserting in lieu thereof new Sec. 41 and 42 to read as follows:

Sec. 41.  13 V.S.A. § 3110 is added to read:

§ 3110.  RAILROAD VANDALISM

(a)  Purpose.  The purpose of this section is to prevent acts of vandalism to railroad property which affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b)  Definitions.  For purposes of this section:

(1)  “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.

(2)  “Railroad” means any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including:

(A)  commuter or other short-haul railroad passenger service in a  metropolitan or suburban area; and

(B)  high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3)  “Railroad carrier” means a person providing railroad transportation.

(4)  “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device.  “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.

(5)  “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(6)  “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(c)  Vandalism of railroad property.  No person shall, with reckless disregard for railroad property or the safety of another, commit an act which causes damage to railroad property.

(d)  Penalty for vandalism of railroad property. 

(1)  A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less.  

(2)  A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00. 

(3)  A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e)  Aggravated railroad vandalism.  No person shall intentionally cause damage to railroad property.

(g)  Penalty for aggravated railroad vandalism. 

(1)  A person who violates subsection (e) of this section shall be fined not more than $10,000.00 or imprisoned for not more than two years, or both, if the violation results in property damage of $900.00 or less. 

(2)  A person who violates subsection (e) of this section shall be fined not more than $20,000.00 or imprisoned for not more than five years, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00. 

(3)  A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.  

(g)  If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.

(h)  Theft of railroad freight.  Whoever willfully and with intent to permanently deprive the owner of railroad freight takes or removes railroad freight from any freight car, including a boxcar, container, or flatbed shall be guilty of petit larceny pursuant to 13 V.S.A. § 2502 if the value of the property does not exceed $900.00.  If the value of the property exceeds $900.00, the person shall be guilty of grand larceny pursuant to 13 V.S.A. § 2501.

(i)  Receiving stolen railroad freight.  Whoever buys or receives any of the railroad freight described in subsection (h) of this section, having reason to know that this freight has been stolen, shall be subject to the penalties provided for in 13 V.S.A. § 2502 if the value of the property does not exceed $900.00.   If the value of the property exceeds $900.00, the person shall be subject to the penalties provided for in 13 V.S.A. § 2501.

Sec. 42.  REPEALS

(1)  13 V.S.A. 3101-3104 are repealed.

(2)  5  V.S.A. § 3733 is repealed.

S. 45

An act relating to the right to attend town meeting.

Pending Action: Second reading of the bill

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 472(b) of this title for the purpose of attending his or her annual 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 his or her annual 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)

 

 

 

 

NEW BUSINESS

Favorable

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)

For Action Under Rule 52

     H. R. 32

     House resolution in support of the creation of a veterans’ transitional housing facility in central Vermont

(For text see House Journal April 2, 2008)

NOTICE CALENDAR

Senate Proposal of Amendment

J. R. H. 44

     Joint resolution approving the Vermont information technology leaders’ (VITL) health information technology plan as required by 22 V.S.A. § 903(g).

The Senate proposes to the House to amend the resolution by striking out the resolution in its entirety and inserting in lieu thereof the following:

Whereas, the Vermont Information Technology Leaders, Inc. (VITL) is a nonprofit, public-private partnership incorporated in Vermont, and

Whereas, VITL is an integral part of the development of health information technology in this state, and

Whereas, VITL has developed the Vermont health information technology plan pursuant to 22 V.S.A. § 903(b) and (c), and

Whereas, the Vermont health information technology plan outlines a vision for health information technology in Vermont that identifies key stakeholders, strategies, and objectives; provides standards for health information exchange that include the promotion of privacy and security; presents an overview of the technology architecture; and details the funding and governance of health information technology in this state, and

Whereas, the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and contained in 45 C.F.R., Parts 160 and 164, provide protections for the privacy of individually identifiable health information maintained or transmitted in connection with certain administrative and financial transactions, and

Whereas, the provisions of Vermont’s patients’ privilege statute in 12 V.S.A. § 1612, the mental health protections found in 18 V.S.A. § 7103, and the guidelines for privacy and security standards and protocols in 22 V.S.A. § 903(f) provide Vermonters with additional rights and protections regarding disclosure of their personal health information, and

Whereas, 22 V.S.A. § 903(g) allows the Vermont health information technology plan, upon recommendation of the commissioner of information and innovation and approval by the general assembly, to serve as the framework within which the commissioner reviews certificate of need applications for information technology, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly approves the Vermont health information technology plan, as submitted by VITL, to be implemented using HIPAA, 12 V.S.A. § 1612, 18 V.S.A. § 7103, and 22 V.S.A. § 903(f) as the minimum standards for the privacy and security of health information, and be it further

Resolved:  That VITL be directed to continue to update the health information technology plan to include state and national privacy and security policies and procedures as they become available to reflect industry best practices, and be it further

Resolved:  That VITL be directed to update by January 1, 2009 the interoperability standards in the health information technology plan to reflect nationally accepted industry best practices relating to the exchange of data, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Information Technology Leaders, Inc.

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.

 

CONSENT CALENDAR

Concurrent Resolutions for Notice Under Joint Rule 16

     The following concurrent resolutions have been introduced for approval by the House and Senate and will be adopted automatically unless a Representative or Senator requests floor consideration before the end of the session of the next legislative day.  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, April 3, 2008)

H.C.R. 255

House concurrent resolution congratulating the South Royalton Woman’s Club on the 100th anniversary of its membership in the State Federation of Women’s Clubs

H.C.R. 256

 House concurrent resolution recognizing the role of registered nurses in the delivery of health care in Vermont

H.C.R. 257

House concurrent resolution congratulating the Gaines Farm on its receipt of a 2008 Vermont Centennial Business Award

H.C.R. 258

House concurrent resolution congratulating the Brattleboro Reformer on its receipt of a 2008 Vermont Centennial Business Award

H.C.R. 259

House concurrent resolution congratulating the 2008 Essex High School Hornets championship gymnastics team

H.C.R. 260

House concurrent resolution in memory of Violet Coffin of Stratford

H.C.R. 261

House concurrent resolution in memory of the American military personnel who have died in the service of their nation in Iraq from December 20, 2007 through March 27, 2008

H.C.R. 262

House concurrent resolution congratulating the Middlebury Inn on its receipt of a 2008 Vermont Centennial Business Award

H.C.R. 263

House concurrent resolution congratulating Chipman Point on its receipt of a 2008 Vermont Centennial Business Award

H.C.R. 264

House concurrent resolution congratulating The Palms Restaurant on its diamond anniversary

S.C.R. 39.

Senate concurrent resolution in memory of former Legislative Council operations' manager Dulcina Goulette-Sabourin.

S.C.R. 40.

Senate concurrent resolution congratulating the 2008 Rutland High School Raiders girls' alpine skiing championship team.

S.C.R. 41. 

Senate concurrent resolution congratulating the 2008 Rutland High School Raiders boys’ and girls’ champion snowboarders.

 

 

 

 

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us