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House Calendar

MONDAY, APRIL 14, 2008

98th DAY OF ADJOURNED SESSION

House Convenes at 10:00 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 689  Relating to Utility Prescriptive Rights................................................ 1595

H. 736  Children of Incarcerated Parents...................................................... 1595

Favorable with Amendment

H. 619  Regulation of Sexual Assault  Nurse Examiners................................ 1595                    Rep. Evans for Government Operations

          Rep. Hutchinson for Appropriations.................................................... 1597

H. 878  Relating to Elevator Safety............................................................... 1598

          Rep. Devereux for Government Operations

          Rep. Sharpe for Ways and Means

          Rep. Keenan for Appropriations......................................................... 1599

S. 240  Repealing Sunset to Social Security Breach Notice Act..................... 1599

          Rep. Donaghy for Judiciary

S. 290  Relating to Agricultural Water Quality............................................... 1600

          Rep. Spengler for Agriculture

S. 291  Farm Agronomic Practices Program at the Agency........................... 1601

          Rep. Malcolm for Agriculture

          Rep. Johnson of South Hero for Appropriations.................................. 1602

Favorable

S. 229  Relating to Access to Public Records............................................... 1603

          Rep. Grenier for Government Operations

S. 366  Administration of Voter’s Oath or Affirmation................................... 1603

          Rep. Manwaring for Government Operations

 

Action Postponed Until Tuesday, April 15, 2008

H. 894  Amendment to Charter to Town of Windsor.................................... 1603

               Rep. Devereux for Government Operations

Action Postponed Until Thursday, April 17, 2008

Senate Proposal of Amendment

H. 403    Postretirement cost of living adjustments......................................... 1603

NOTICE CALENDAR

Favorable with Amendment

S. 232  Relating to Mobile Polling Stations.................................................... 1604

               Rep. Martin of Wolcott for Government Operations

 

S. 313  Relating to a License to Store and Ship Wine.................................... 1604

               Rep. Moran of Wardsboro for General, Housing and Military Affairs

Favorable

S.    2  Eligibility for Public Defender Services With Retail Theft.................... 1605

               Rep. Donaghy for Judiciary

S. 213 Designating State Highways in Manchester as Class I Highway.......... 1605

               Rep. Potter for Transportation

S. 344  Internet and Mail Order Sales of Tobacco Products......................... 1605

               Rep. French for Human Services

Committee Relieved

H.R.  33 Opposition to China’s Human Rights Violations in Tibet................. 1605

Senate Proposal of Amendment

H. 775  Relating to Low-Profit Limited Liability Companies.......................... 1605

 

Ordered to Lie

H. 549  Establishing Buffer Zones Along Waterways.................................... 1606

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Reading

H. 689

     An act relating to utility prescriptive rights.

H. 736

     An act relating to children of incarcerated parents.

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

(g)  Until rules are adopted under subsection (f) of this section, 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.

Second:  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.

Third:  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. 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

Action Postponed Until Tuesday, April 15, 2008

H. 894

     Pending Action: Second reading of the bill.

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)

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

NOTICE CALENDAR

Favorable with Amendment

S. 232

An act relating to mobile polling stations.

Rep. Martin of Wolcott, for the Committee on Government Operations, recommends that the House propose to the Senate that the bill be amended by adding Sec. 3 and Sec. 4 as follows:

Sec. 3.  PURPOSE

The general assembly intends that the authorization for use of mobile polling stations created by this act is a pilot project and shall only be effective until July 1, 2009.

Sec. 4.  SECRETARY OF STATE; REPORT

The secretary of state shall report to the house and senate committees on government operations by January 15, 2009 on the results of the use of mobile polling stations.

(Committee vote: 8-0-3)

(For text see Senate Journal 2/13/08 – P. 148 )

S. 313

An act relating to a license to store and ship wine.

Rep. Moran of Wardsboro, for the Committee on General, Housing and Military Affairs, recommends that the House propose to the Senate that the bill be amended as follows:

Sec. 1.  7 V.S.A. § 68 is added to read:

§ 68.  VINOUS BEVERAGE STORAGE AND SHIPPING LICENSE

The liquor control board may grant to a person who operates a

climate-controlled storage facility in which vinous beverages owned by another person are stored for a fee a license that allows the licensee to store and transport vinous beverages on which all applicable taxes already have been paid.  A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous manufacturer that has an in-state or out‑of‑state consumer shipping license pursuant to section 66 of this title.  Vinous beverages stored may be transported only for shipment to the owner of the beverages or to another licensed vinous beverage storage facility, and the beverages shall be shipped only by common carrier in compliance with subsection 66(f) of this title.  The licensee shall pay a fee pursuant to subdivision 231(a)(20) of this title.   A license under this section shall be issued pursuant to rules adopted by the board.  A person granted a license pursuant to this section may not sell or resell any vinous beverages stored at the storage facility. 

(For text see Senate Journal 2/12/08 – P. 144 )

 

 

 

Favorable

S. 2

An act relating to bail and eligibility for public defender services for defendants charged with retail theft.

Rep. Donaghy of Poultney, for the Committee on Judiciary, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

S. 213

An act relating to the designation of a portion of state highways in the town of Manchester as Class 1 highways.

Rep. Potter of Clarendon, for the Committee on Transportation, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

S. 344

An act relating to internet and mail order sales of tobacco products.

Rep. French of Randolph, for the Committee on Human Services, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

(For text see Senate Journal 3/26/08 – P. 454 )

Committee Relieved

     H. R. 33

     House resolution expressing strong opposition to and urging effective and immediate congressional action to stop human rights violations by the Government of the People’s Republic of China’s human rights violations in the geographic area known as Tibet

(For text see House Journal  April 8, 2008- P. 881)

Senate Proposal of Amendment

H. 775

     An act relating to relating to low-profit limited liability companies.

     The Senate proposes to the House to amend the bill as follows:

First:  In Sec. 1, 11 V.S.A. § 3001(23)(D), at the end, after the period, by adding the following:  The name of the company must be changed to be in conformance with subsection 3005(a) of this title.

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

Sec. 2.  11 V.S.A. § 3005(a) is amended to read:

(a)(1)  The Except for low-profit limited liability companies, the name of a limited liability company as set forth in its articles of organization shall contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.,” or “LC.”  The word “limited” may be abbreviated as “Ltd.” and “company” may be abbreviated as “Co.” in a limited liability company name. 

(2)  The name of a low-profit limited liability company as defined in subdivision 3001(23) of this chapter shall contain the abbreviation L3C or l3c.

Third:  By adding a new section, to be Sec. 3, to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

(For text see House Journal 2/26/08 – P. 341)

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 ?



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