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House Calendar

FRIDAY, APRIL 11, 2008

95th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Called Up

H. 689  Relating to Utility Prescriptive Rights................................................ 1573

          Rep. Shand for Commerce

          Rep. Jewett Amendment..................................................................... 1576

Third Reading

H. 755  Development of Forests and Forest Products Industries................... 1578

          Rep. Bray Amendment

S. 146  Advertising and Producing Musical Performances............................. 1579

Favorable with Amendment

H. 736  Children of Incarcerated Parents...................................................... 1579

          Rep. Browning for Corrections and Institution

          Rep. Acinapura for Appropriations..................................................... 1580

Favorable

H. 894  Amendment to Charter to Town of Windsor.................................... 1581

          Rep. Devereux for Government Operations

Senate Proposal of Amendment

H. 616  Relating to Farm Fresh Milk............................................................ 1581

Action Postponed Until Thursday, April 17, 2008

Senate Proposal of Amendment

H. 403    Postretirement cost of living adjustments......................................... 1581

NOTICE CALENDAR

Favorable with Amendment

H. 619  Regulation of Sexual Assault  Nurse Examiners................................ 1582                    Rep. Evans for Government Operations

          Rep. Hutchinson for Appropriations.................................................... 1584

H. 878  Relating to Elevator Safety............................................................... 1585

          Rep. Devereux for Government Operations

          Rep. Sharpe for Ways and Means

          Rep. Keenan for Appropriations......................................................... 1587

S. 240  Repealing Sunset to Social Security Breach Notice Act..................... 1587

          Rep. Donaghy for Judiciary

S. 290  Relating to Agricultural Water Quality............................................... 1587

          Rep. Spengler for Agriculture

S. 291  Farm Agronomic Practices Program at the Agency........................... 1588

          Rep. Malcolm for Agriculture

          Rep. Johnson of South Hero for Appropriations.................................. 1590

Favorable

S. 229  Relating to Access to Public Records............................................... 1590

          Rep. Grenier for Government Operations

S. 290  Temporary Officiants for Marriages and Civil Unions........................ 1590

          Rep. Evans for Government Operations

S. 366  Administration of Voter’s Oath or Affirmation................................... 1590

          Rep. Manwaring for Government Operations

Ordered to Lie

H. 549  Establishing Buffer Zones Along Waterways.................................... 1590

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 265  Congratulating Sam’s Outdoor Outfitters.................................. 1591

H.C.R. 266  Honoring Kermit and Margaret Richardson.............................. 1591

H.C.R. 267  Congratulating Basin harbor Club – VT Business Award.......... 1591

H.C.R. 268  Congratulating Windsor HS Boys’ Basketball Team................. 1591

S.C.R.  42  Recognizing VT Uniform Law Commissioner Carl Lisman.......... 1591

S.C.R.  43  Congratulating Bethany Church of Christ on 100th..................... 1591

S.C.R. 44  Honoring Margaret Trautz for Career Contribution s................... 1591

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Called Up

H. 689

     An act relating to utility prescriptive rights.

Pending Action: Second reading of the bill.

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

Sec. 1.  TITLE

This act may be referred to as the Utility Prescriptive Rights Act of 2008.

Sec. 2.  LEGISLATIVE FINDINGS

The general assembly finds:

(1)  There are currently many instances where the utilities in Vermont maintain and operate utility lines in rights-of-way without having any record of an easement or other right to occupy such rights-of-way.

(2)  In some instances, the easement was not obtained when the line was initially constructed; in other instances, the easement document was lost or never recorded in the land records. 

(3)  Such utility lines often existed in their current location without written easements for many years, even decades. 

(4)  Vermont law generally recognizes that one may obtain property rights, including easements and rights-of-way, by adverse possession after 15 years of open, notorious, and hostile possession of the property; however, a single Vermont statute creates an exception to that doctrine for utility line easements.

(5)  Many of the utility lines which lack easements are old and will need to be rebuilt in order for the utilities to continue to provide reliable service. 

(6)  It is likely that such necessary rebuilding will be delayed if the utilities must go through individual and costly public service board condemnation proceedings in order to obtain easements where none exists today. 

(7)  Where a line is already in place, it is poor public policy to allow a landowner to impede necessary rebuilding of the line and impose expense on remaining customers by forcing the utility to commence a condemnation proceeding to obtain an easement. 

(8)  There is clearly a need for utilities to hold easements over rights‑of‑way where utility lines have already been built. 

Sec. 3.  30 V.S.A. § 111a is added to read:

§ 111a.  PREEXISTING UTILITY LINES

(a)  When a corporation seeks to condemn property or an easement or other right over property where a currently existing utility line, that has not been abandoned, was in place on July 1, 2008, there is a rebuttable presumption that the condemnation of the property right authorizing the existing utility line or lines is necessary in order that the petitioner may render service to the public, provided that the property right is limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines and the replacement of the existing utility facilities with equivalent facilities in the usual course of business.

(b)  When a corporation seeks to condemn property or establish an easement or other right over property where a utility line, that has not been abandoned, was in place on July 1, 2008, the corporation shall present a petition to the public service board and to the department of public service describing the property or right, and why the action is necessary.  The property or right shall be limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines and the replacement of the existing utility facilities with equivalent facilities in the usual course of business.  The board shall issue a citation upon each person whose property or right the petitioner proposes to condemn and each municipality and each planning body where the property is located, or on absent persons in such manner as the supreme court may by rule provide for service of process in civil actions, including by publication. 

(c)  Upon the filing of the petition with the board and department, any pending actions and proceedings against the petitioner affecting its right to use and enjoy the subject property are stayed for the pendency of the condemnation proceeding before the board, and the petitioner may enter upon the property to be condemned for the purposes of examination and obtaining necessary information in order to proceed with the taking and to conduct the minimum amount of maintenance and repairs necessary to provide service.

(d)  The board shall fix the time and the place for hearing.

(e)  If the utility line for which the corporation seeks to acquire easements through condemnation under this section crosses more than one property, the corporation may petition the board to hold a single hearing to determine necessity for all persons subject to condemnation under subsection (b) of this section.

(f)  A person owning or having an interest in lands or rights to be taken may stipulate as to the necessity of the taking.  The stipulation shall be filed with the board.  The board shall issue an order on necessity within 45 days upon receiving the stipulation.

(g)  A stipulation under subsection (f) of this section shall be accompanied by an affidavit sworn to before a person authorized to take acknowledgments.  The stipulation shall include the following:

(1)  a recital that the person or persons executing the stipulation have examined the proposed easement, which includes a description of the property or rights to be taken; and

(2)  an explanation of the legal and property rights affected.

(h)  If a hearing is required, the board shall hear all persons whose property or right is the subject of the condemnation petition and who wish to be heard at the time and place appointed for the hearing.  The board shall make findings of fact, and by its order, determine whether necessity requires the taking of the land and rights as set forth in the petition.

(i)  Following a determination of necessity pursuant to subsection (f) or (h) of this section, the board shall expeditiously appoint a time and place for examining the premises and provide an opportunity for a hearing on the issue of compensation, giving at least 10 days’ notice in writing to the persons that are subject to the condemnation petition.

(j)  Compensation for the taking or use of property rights under the provision of this section shall be the diminution of value caused by the existence of such utility lines across the property at the time the petition was filed with the board.  Where a property owner acquired the property with the utility line already in place, there is a rebuttable presumption that the diminution in value was reflected in the terms of acquiring the property.

(k)  The board shall fix the compensation to be paid to each person from whom land or rights are taken, and the petitioner shall file and record within 30 days the order in the office of the clerk of the town where the land is situated, and shall deliver to each person or persons a copy of that portion of the order directly affecting the person or persons and shall pay or tender the award to each person entitled which may be accepted, retained, and disposed of to his or her own use without prejudice to the person’s right of appeal.  If the petitioner took possession of the condemned property under subsection (i) of this section,  the petitioner shall tender the amount of the board’s award to the persons affected by the taking.  The petitioner shall tender any additional payment required by the board’s final compensation order. 

(l)  Section 112 of this title does not apply to petitions filed under this section.  An appeal or review relating to an action under this section shall be to the supreme court pursuant to section 12 of this title.

(m)  Nothing in this section shall impact any permitting or regulatory requirements that may apply to the corporation.

(Committee vote: 7-3-1)

Amendment to be offered by Rep. Jewett of Ripton to H. 689

     Moves to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  30 V.S.A. § 111a is added to read:

§ 111a.  PREEXISTING UTILITY LINES

(a)  When a corporation seeks to condemn property or an easement or other right over property where a currently existing utility line capable of operating at 100 kilovolts or less that has not been abandoned and was in place on July 1, 1993, there is a rebuttable presumption that the condemnation of the property right authorizing the existing utility line or lines is necessary in order that the petitioner may render service to the public, provided that the property right is limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines , and does not (1) significantly alter the capabilities or capacity of the line or lines, (2)  materially alter the degree of land use associated with the presence of the line or lines, and (3) authorize the company to perform replacements or upgrades that would have a significant impact under the criteria set forth in section 248 of this title. 

(b)  When a corporation seeks to condemn property or establish an easement or other right over property where a utility line, that has not been abandoned, was in place on July 1, 1993, the corporation shall present a petition to the public service board and to the department of public service describing the property or right, and why the action is necessary.  The property or right shall be limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines, subject to the limitations set forth in subsection (a) above.  The board shall issue a citation upon each person whose property or right the petitioner proposes to condemn and each municipality and each planning body where the property is located, or on absent persons in such manner as the supreme court may by rule provide for service of process in civil actions, including by publication. 

(c)  Upon the filing of the petition with the board and department, any pending actions and proceedings against the petitioner affecting its right to use and enjoy the subject property are stayed for the pendency of the condemnation proceeding before the board, and the petitioner may enter upon the property to be condemned for the purposes of examination and obtaining necessary information in order to proceed with the taking and to conduct the minimum amount of maintenance and repairs necessary to provide service.

(d)  The board shall fix the time and the place for hearing.

(e)  If the utility line for which the corporation seeks to acquire easements through condemnation under this section crosses more than one property, the corporation may petition the board to hold a single hearing to determine necessity for all persons subject to condemnation under subsection (b) of this section.

(f)  A person owning or having an interest in lands or rights to be taken may stipulate as to the necessity of the taking.  The stipulation shall be filed with the board.  The board shall issue an order on necessity within 45 days upon receiving the stipulation.

(g)  A stipulation under subsection (f) of this section shall be accompanied by an affidavit sworn to before a person authorized to take acknowledgments.  The stipulation shall include the following:

(1)  a recital that the person or persons executing the stipulation have examined the proposed easement, which includes a description of the property or rights to be taken; and

(2)  an explanation of the legal and property rights affected.

(h)  If a hearing is required, the board shall hear all persons whose property or right is the subject of the condemnation petition and who wish to be heard at the time and place appointed for the hearing.  The board shall make findings of fact, and by its order, determine whether necessity requires the taking of the land and rights as set forth in the petition.

(i)  Following a determination of necessity pursuant to subsection (f) or (h) of this section, the board shall expeditiously appoint a time and place for examining the premises and provide an opportunity for a hearing on the issue of compensation, giving at least 10 days’ notice in writing to the persons that are subject to the condemnation petition.

(j)  There shall be rebuttable presumptions that compensation for the taking or use of property rights under the provision of this section shall be the diminution of value caused by the existence of such utility lines across the property at the time the petition was filed with the board and that, where a property owner acquired the property with the utility line already in place, the diminution in value was reflected in the terms of acquiring the property.  Upon rebuttal of either of these presumptions under the standard set forth in subsection (m) of this section, the board shall determine compensation pursuant to subdivision 112(3) of this title.

(k)(1)  When the board renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within thirty days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the board, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk's office of the town or towns in which such property is located, within thirty days after such copies are received by him.

(2)  Upon the payment or deposit of the amounts awarded by the board, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 12 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the supreme court is complied with.

(l)  Section 112 of this title does not apply to petitions filed under this section except as provided in subsection (j) of this section.  An appeal or review relating to an action under this section shall be to the supreme court pursuant to section 12 of this title.

(m)  The presumptions arising under subsections (a) and (j) of this sections shall operate in accordance with the provisions of Vermont Rule of Evidence 301(a). These presumptions shall shift only the burden of production, and shall lose their effect as soon as any evidence to support a finding of the nonexistence of the presumed fact is introduced.

(n)  Nothing in this section shall impact any permitting or regulatory requirements that may apply to the corporation.

Third Reading

H. 755

     An act relating to economic development of the forestry and forest products industries.

     Amendment to be offered by Rep. Bray of New Haven to H. 755

     Moves to amend the bill as follows:

 

 

     First: In Sec. 2, in §2721 (c), by striking the word “and” at the end of subdivision (3); striking the period and inserting “; and” at the end of subdivision (4); and adding a new subdivision (5) to read:

(5) a listing of individuals, trade associations and other persons or entities consulted in preparation of the report.

     Second:  In Sec. 3, in the first sentence, by striking the words “in consultation with the Vermont sustainable jobs fund, the Vermont Woodlands Association, the Associated Industries of Vermont, and the Vermont Loggers Association” and inserting in lieu thereof the following: “in consultation with Vermont timber harvesters, foresters, and forest products manufacturers, their respective trade associations; the Vermont Sustainable Jobs Fund; and others

S. 146

An act relating to advertising and producing musical performances.

Favorable with Amendment

H. 736

     An act relating to children of incarcerated parents.

Rep. Browning of Arlington, for the Committee on Corrections and Institutions, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  CORRECTIONS OVERSIGHT COMMITTEE; CHILDREN OF INCARCERATED PARENTS; REPORT

(a)  During the summer and fall of 2008, the corrections oversight committee shall spend at least one meeting investigating issues regarding minor children of incarcerated parents.  The investigation shall include:

(1)  A report from the commissioner of corrections on data on the prevalence of inmates who are parents of minor children.

(2)  Identification of mail, telephone, and visiting policies that promote appropriate family contact.

(3)  Current practices and appropriate training for law enforcement officers regarding behavior and protocols when arresting parents who are responsible for or might be responsible for minor children.

(4)  A report from the secretary of human services on how to provide appropriate support and assistance to the children of incarcerated parents.                                                                                                                                    

(b)  The committee shall make recommendations regarding:

(1)  Ways to increase and improve appropriate contact between minor children and their incarcerated parents.

(2)  Data to be collected to enable the general assembly to understand the impact of incarceration of parents on minor children and to help policy makers access resources and formulate solutions.  The committee shall also make recommendations on how the data will be collected.

(3)  Appropriate training for law enforcement officers regarding behavior and protocols when arresting parents who are responsible for or might be responsible for minor children.

(4)  Cost estimates of resources needed to make recommended changes.

(5)  Appropriate support and assistance to the children of incarcerated parents using existing resources, programs, and staff of the agency of human services.

(c)  The committee shall report its findings and recommendations on or before January 15, 2009. 

Sec. 2.  2 V.S.A. § 801(d) is amended to read:

(d)  When the general assembly is in session, the committee shall meet at the call of the chair.  The committee may meet four six times during adjournment, and may meet more often subject to approval of the speaker of the house and the president pro tempore of the senate.

(Committee vote: 9-0-2)

Rep. Acinapura of Brandon, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Corrections and Institutions and when further amended as follows:

First:  In Sec. 1(a) by striking the words “spend at least one meeting investigating” and inserting in lieu thereof “investigate

Second:  In Sec. 1(a)(1) before the period by inserting “including the number of inmates who are primary caregivers of minor children

Third:  In Sec. 1(c) following the word “recommendations” by inserting “to the general assembly

(Committee vote: 11-0-0)

 

 

Favorable

H. 894

     An act relating to approval of amendments to the charter of the town of Windsor.

Rep. Devereux of Mount Holly, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 9-0-2)

Senate Proposal of Amendment

H. 616

     An act relating to farm-fresh milk.

     The Senate proposes to the House to amend the bill by adding two new sections, to be Secs. 2 and 3, to read as follows:

Sec. 2.  6 V.S.A. § 2672(26) and (27) are added to read:

(26)  “Vermont fresh milk” means milk consisting entirely of fresh milk produced in Vermont.

(27)  “Northeastern fresh milk” means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, or Maine.

Sec. 3.  6 V.S.A. § 2680 is added to read:

§ 2680.  LABELING MILK AS FRESH

Milk shall not be labeled as “fresh milk,” “Vermont fresh milk,” or “northeastern fresh milk” unless the milk meets the definitions in section 2672 of this chapter.

and by renumbering the remaining section to be numerically correct

and that upon passage the title be amended to read:  “AN ACT RELATING TO FARM‑FRESH RAW MILK”

(For text see House Journal March 18, 2008 – P. 606)

Action Postponed Until Thursday, April 17, 2008

Senate Proposal of Amendment

H. 403

          An act relating to postretirement cost of living adjustments for state employees

Pending Question: Shall the House concur in the Senate proposal of amendment?

NOTICE CALENDAR

Favorable with Amendment

H. 619

     An act relating to the regulation of sexual assault nurse examiners.

Rep. Evans of Essex, 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.  DESIGNATION

33 V.S.A. chapter 3, §§ 301–311 are designated as:

Subchapter 1.  General Provisions

Sec. 2.  33 V.S.A. chapter 3, subchapter 2 is added to read:

Subchapter 2.  Sexual Assault Nurse Examiners

§ 321.  DEFINITION

As used in this chapter, “SANE” means sexual assault nurse examiner.

§ 322.  SANE BOARD

(a)  The SANE board is created for the purpose of regulating sexual assault nurse examiners.

(b)  The SANE board shall be composed of the following members:

(1)  the executive director of the Vermont nurses association, or designee;

(2)  the executive director of the Vermont hospital association, or designee;

(3)  the director of the Vermont state police crime lab, or designee;

(4)  the director of the Vermont network against domestic and sexual violence, or designee;

(5)  an attorney with experience prosecuting sexual assault crimes, appointed by the attorney general;

(6)  the executive director of the Vermont center for crime victim services, or designee;

(7)  a law enforcement officer assigned to one of Vermont’s special units of investigation, appointed by the commissioner of public safety;

(8)  a law enforcement officer employed by a municipal police department, appointed by the executive director of the Vermont criminal justice training council;

(9)  three sexual assault nurse examiners, appointed by the attorney general;

(10)  a physician whose practice includes the care of victims of sexual assault, appointed by the Vermont medical society;

(11)  a pediatrician whose practice includes the care of victims of sexual assault, appointed by the Vermont chapter of the American Academy of Pediatricians;

(12)  the coordinator of the Vermont victim assistance program, or designee;

(13)  the president of the Vermont alliance of child advocacy centers, or designee; and

(14)  the chair of the Vermont state board of nursing, or designee; and

(15)  the commissioner for children and families, or designee.

(c)  The SANE board shall be attached to the attorney general’s office for administrative purposes.

§ 323.  SANE PROGRAM CLINICAL COORDINATOR

The SANE board may hire, subject to available funding, a SANE program clinical coordinator who shall serve at the pleasure of the board and who shall:

(1)  oversee the recruitment and retention of SANEs in the state of Vermont;

(2)  administer a statewide training program, including:

(A)  the initial SANE certification training;

(B)  ongoing training to ensure currency of practice for SANEs; and

(C)  advanced training programs as needed;

(3)  provide consultation and technical assistance to SANEs and hospitals regarding the standardized sexual assault protocol;

(4)  provide training and outreach to criminal justice and

community-based agencies as needed.

§ 324.  SANE BOARD; DUTIES

(a)  A person licensed under chapter 28 of Title 26 may obtain a specialized certification as a sexual assault nurse examiner if he or she demonstrates compliance with the requirements for specialized certification as established by the SANE board by rule.

(b)  The SANE board shall adopt the following by rule:

(1)  educational requirements for obtaining specialized certification as a sexual assault nurse examiner and statewide standards for the provision of education;

(2)  continuing education requirements and clinical experience necessary for maintenance of the SANE specialized certification;

(3)  a standardized sexual assault protocol and kit to be used by all physicians or hospitals in this state when providing forensic examinations of victims of alleged sexual offenses; and

(4)  a system of monitoring for compliance.

(c)  The SANE board may investigate complaints against a SANE and may revoke certification as appropriate.

Sec. 3.  SANE PROGRAM CLINICAL COORDINATOR; POSITION;

CREATION

The establishment of one (1) new full‑time exempt position – SANE program clinical coordinator – is authorized.

(Committee vote: 9-0-2)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Government Operations and when further amended by adding  a new Sec. 4 to read:

Sec. 4.  APPROPRIATION

The amount of $50,000 special funds is appropriated from the restitution fund to the Office of the Attorney General for the purpose of supporting the SANE program clinical coordinator established in Sec. 3 of this act.  It is the intent of the general assembly that special funds in the amount of $50,000 be made available to support the SANE program clinical coordinator for each of the fiscal years 2009 and 2010.

(Committee Vote: 11-0-0)

 

 

H. 878

An act relating to elevator safety.

(Rep. Devereux of Mount Holly will speak for the Committee on Government Operations.)

Rep. Sharpe of Bristol, for the Committee on Ways and Means, 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.  21 V.S.A. § 144(a) is amended to read:

(a)  The elevator safety review board is established within the department, and shall consist of five eight members, one of whom shall be the commissioner or the commissioner’s designee, one of whom shall be the commissioner of labor or the commissioner of labor’s designee, and four six members to be appointed by the governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; one member of the public; and an individual who actually installs, maintains and repairs conveyances.  The members appointed by the governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

Second:  By striking Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 as follows:

Sec. 2.  21 V.S.A. § 152 is amended to read:

§ 152.  NEW INSTALLATIONS; ANNUAL INSPECTIONS AND

      REGISTRATIONS

(a)  A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.

(b)  Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the board by rule.  Rules adopted by the board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform liftAn inspector may charge a fee not to exceed $100.00 for each inspection.  The inspector shall notify the department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c)  An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter.  A certificate of operation shall be renewed annually.  An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the board.  Certificates of operation shall be clearly displayed on or in each conveyance or in each machinery room.

(d)  The department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation.  This conditional certificate of operation permits shall permit a conveyance to operate for no more than 30 180 days or until the conveyance is in compliance, whichever occurs first.

(e)  The inspector shall submit $25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.

(f)  An inspector may charge a fee not to exceed $250.00 as established by the board by rule for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

(g)  An inspector may charge a fee not to exceed $100.00, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

Third:  By striking Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 as follows:

Sec. 4.  REPEAL

21 V.S.A. § 152(g) (inspector fee cap of $100.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152.

Fourth:  By adding a Sec. 4a as follows:

Sec. 4a.  ELEVATOR SAFETY REVIEW BOARD; RULEMAKING

The general assembly finds that there exists an imminent peril to the public health, safety or welfare that necessitates the adoption of emergency rules pursuant to 3 V.S.A. § 844 by the elevator safety review board as required by 21 V.S.A. § 152.  Emergency rules shall be filed as soon as possible after notice and an opportunity to be heard by persons who may be affected by them.  The board shall propose a permanent rule on the same subject at the same time that it adopts an emergency rule.

(Committee vote: 8-0-3)

Rep. Keenan of St. Albans, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Ways and Means.

(Committee Vote: 10-0-1)

S. 240

An act relating to repealing the sunset of the law enforcement exemption to the social security breach notice act.

Rep. Donaghy of Poultney, for the Committee on Judiciary, 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.  REPEAL OF SUNSET OF LAW ENFORCEMENT

        EXEMPTION TO SOCIAL SECURITY BREACH NOTICE ACT

Sec. 5 of No. 162 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 5.  SUNSET

9 V.S.A. § 2435(h) (exemption for law enforcement agencies from security breach notice act) shall be repealed June 30, 2008 2009.

(Committee vote: 9-0-2)

No Senate Amendments

S. 290

An act relating to agricultural water quality.

Rep. Spengler of Colchester, for the Committee on Agriculture, 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.  6 V.S.A. § 4828 is added to read:

§ 4828.  CAPITAL EQUIPMENT ASSISTANCE PROGRAM

(a)  It is the purpose of this section to provide assistance to contract applicators and farms to purchase or use innovative manure injection equipment that will aid in the reduction of surface runoff of agricultural wastes to state waters, improve water quality of state waters, reduce odors from manure application, decrease greenhouse gas emissions, and reduce costs to farmers.

(b)  The capital equipment assistance program is created in the agency of agriculture, food and markets to provide farms and custom applicators in Vermont with state financial assistance for the purchase of new or innovative manure injection equipment to improve manure application or nutrient management plan implementation.

(c)  Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by rule by the secretary:

(1)  First priority shall be given to capital equipment to be used on farm sites by a custom applicator that is located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(2)  Next priority shall be given to capital equipment to be used at a farm site which is located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(d)  On or before January 15, 2009, and annually thereafter, the secretary of agriculture, food and markets shall report to the house and senate committees on agriculture regarding the performance of and results achieved by providing capital assistance to custom applicators and farms for new or innovative manure injection equipment.

(Committee vote: 9-0-2)

(For text see Senate Journal February 20, 2008 – P. 171 )

S. 291

An act relating to the farm agronomic practices program at the Agency of Agriculture, Food and Markets.

Rep. Malcolm of Pawlet, for the Committee on Agriculture, 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.  6 V.S.A. § 4951 is added to read:

§ 4951.  FARM AGRONOMIC PRACTICES PROGRAM

(a)  The farm agronomic practices assistance program is created in the agency of agriculture, food and markets to provide the farms of Vermont with state financial assistance for the implementation of soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges.  The following practices shall be eligible for assistance to farms under the grant program:

(1)  conservation crop rotation;

(2)  cover cropping;

(3)  strip cropping;

(4)  cross-slope tillage;

(5)  zone or no-tillage;

(6)  pre-sidedress nitrate tests;

(7)  annual maintenance of a nutrient management plan that is no longer receiving funding under a state or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $1,000.00 per year; and

(8)  educational and instructional activities to inform the farmers and citizens of Vermont of:

(A)  the impact on Vermont waters of agricultural waste discharges;

(B)  the federal and state requirements for controlling agricultural waste discharges.

(b)  Funding available under section 4827 of this title for nutrient management planning may be used to fund practices under this section.

Sec. 2.  REPEAL

Sec. 80a of No. 215 of the Acts of the 2005 Adj. Sess. (2006) is hereby repealed and replaced by 6 V.S.A. § 4951.

Sec. 3.  6 V.S.A. § 4824(a) is amended to read:

(a)  State grant.  State financial assistance awarded under this subchapter shall be in the form of a grant.  When a state grant is intended to match federal financial assistance for the same on-farm improvement project, the state grant shall be awarded only when the federal financial assistance has also been approved for or awarded.  An applicant for a state grant shall pay at least 15 percent of the total eligible project cost.  The dollar amount of a state grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a state grant shall not exceed 50 80 percent of the total eligible project cost.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

(Committee vote: 11-0-0)

Rep. Johnson of South Hero, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Agriculture.

(Committee vote: 10-0-1)

(For text see Senate Journal 2/20/2008 – P. 172 )

Favorable

S. 229

An act relating to access to public records.

Rep. Grenier of St. Johnsbury, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

(For text see Senate Journal 3/25/08- P. 448 )

S. 233

An act relating to temporary officiants for marriages and civil unions.

Rep. Evans of Essex, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 8-2-1)

(For text see Senate Journal 3/21/08 – P. 398 )

S. 366

An act relating to the administration of the voter’s oath or affirmation.

Rep. Manwaring of Wilmington, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-01)      No Senate amendments

Ordered to Lie

H. 549

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

Pending question: Shall the bill be amended as recommended by the Fish Wildlife & Water Resources committee and the committee on Appropriations ?

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 have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member 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 10, 2008)

H.C.R. 265

House concurrent resolution congratulating Sam’s Outdoor Outfitters on the retailer’s 75th anniversary

H.C.R. 266

House concurrent resolution honoring Kermit and Margaret Richardson for their dedication as citizen public servants in the town of Orange

H.C.R. 267

House concurrent resolution congratulating the Basin Harbor Club on its receipt of a 2008 Vermont Centennial Business Award

H.C.R. 268

House concurrent resolution congratulating the 2008 Windsor High School Yellow Jackets Division II boys’ basketball championship team

S.C.R. 42.

Senate concurrent resolution recognizing Vermont Uniform Law Commissioner Carl Lisman for his continuing assistance to the general assembly..

S.C.R. 43.

Senate concurrent resolution congratulating the Bethany Church-United Church of Christ of Montpelier on its bicentennial anniversary.

 

S.C.R. 44. 

Senate concurrent resolution honoring Margaret Trautz for her exemplary career contributions to the advancement of public policy in the areas of education, health and social welfare.


Reports Received

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

127.          Vermont Health Care Reform.  2007  Annual Report.  828-3322

128.          Transfer on death Provisions for Motor Vehicles. Vtrans.  828-3441

129.          Management of Stormwater Impaired Waters Annual report.  241-          3808

130.          Lobbyist registration report on 2006/2007 Amendments to title 2.             828-2363

131.          Vermont Health Care Reform. 2007 Annual Update.  828-3322

132.          Lifeline telephone Annual Report 2007.  828-2811

133.          Environmental Contingency fund.  Dept. of Environmental            Conservation.     241-3808

134.          University of Vermont extension Annual Report, Fiscal Year 2007

135.          Vermont Reach Up Program.  Department for Children and          Families. 241-2100

                                                                      (See files in outer Office)

136.          Vermont Developmental Disability Services Annual Report.  241-           2648

                                                                  (See files in outer Office)

 

 

 

 

 



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