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Journal of the House

________________

FRIDAY, MARCH 23, 2007

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Representative Allyson Clarkson of Woodstock.

Message from the Senate No. 37

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bills of the following titles:

S. 27.  An act relating to increasing the minimum tip wage.

S. 37.  An act relating to mosquito control.

S. 123.  An act relating to increased sex offender registry requirements for noncompliant high-risk sex offenders.

In the passage of which the concurrence of the House is requested.

The Senate has considered House proposals of amendment to Senate proposals of amendment to House bill of the following title:

H. 302.  An act relating to fiscal year 2007 budget adjustments.

And has concurred therein.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 26.  Joint resolution relating to weekend adjournment.

In the adoption of which the concurrence of the House is requested.

Senate Bills Referred

Senate bills of the following titles were severally taken up, read the first time and referred as follows:

S. 27

Senate bill, entitled

An act relating to increasing the minimum tip wage;

To the committee on General, Housing and Military Affairs.

S. 37

Senate bill, entitled

An act relating to mosquito control;

To the committee on Agriculture.

S. 123

Senate bill, entitled

An act relating to increased sex offender registry requirements for noncompliant high-risk sex offenders;

To the committee on Judiciary.

Bill Referred to Committee on Appropriations

H. 531

House bill, entitled

An act relating to ensuring success in health care reform.

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Joint Resolution Placed on Calendar

J.R.H. 19

Reps. Koch of Barre Town, Lawrence of Lyndon, Bissonnette of Winooski, Cheney of Norwich, Consejo of Sheldon, Devereux of Mount Holly, Fitzgerald of St. Albans City, Godin of Milton, Keogh of Burlington, Larocque of Barnet, Martin of Springfield, McDonald of Berlin, McFaun of Barre Town, Morley of Barton, Shaw of Derby and Turner of Milton offered a joint resolution, entitled

Joint resolution relating to Boys’ State use of the State House;

Whereas, the American Legion in Vermont sponsors the Green Mountain Boys’ State program which provides an opportunity for high school students to study the workings of state government in Montpelier, and

Whereas, as part of their visit to the state’s capital city, the boys conduct a mock legislative session in the State House, and

Whereas, this is an invaluable educational experience that provides firsthand knowledge about the legislative process, now therefore be it

Resolved by the Senate and House of Representatives:

That the Sergeant at Arms shall make available the chambers and committee rooms of the State House for the Green Mountain Boys’ State program on Thursday, June 21, 2007 from 8:00 a.m. to 5:00 p.m.

Which was read and, in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

Joint Resolution Adopted in Concurrence

J.R.S. 26

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

     By Senator Shumlin,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, March 23, 2007, it be to meet again no later than Tuesday, March 27, 2007.

Was taken up read and adopted in concurrence.

Rules Suspended; Bill Committed

H. 248

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to the establishment of the Vermont Telecommunications Authority to advance broadband and wireless communications infrastructure throughout the state;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

Pending the reading of the report of the committee on Natural Resources and Energy, on motion of Rep. Atkins of Winooski, the bill was committed to the committee on Government Operations.

Favorable Report; Third Reading Ordered

H. 400

Rep. Atkins of Winooski, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to recapture of health insurance benefits by Group C members of the Vermont State Retirement System;

Reported in favor of its passage. 

Rep. Morley of Barton, for the Committee on Appropriations, recommended that the bill ought to pass.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Favorable Report; Third Reading Ordered

H. 402

Rep. Atkins of Winooski, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to recapture of health insurance benefits by Group F members of the Vermont State Retirement System;

Reported in favor of its passage. 

Rep. Morley of Barton, for the Committee on Appropriations, recommended that the bill ought to pass.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

House Resolution Adopted

H.R. 14

House resolution, entitled

House resolution requesting Congress enact assured federal funding for Veterans’’ Health Care;

Was taken up and adopted on the part of the House.

Bill Amended; Third Reading Ordered

H. 380

Rep. Keogh of Burlington, for the committee on Health Care, to which had been referred House bill, entitled

An act relating to the regulation of health care facilities;

Reported in favor of its passage when amended as follows:

First:  In Sec. 8, subsection 9440(c), by striking subdivision (2) in its entirety and inserting in lieu thereof the following:

(2)  Prior to filing an application for a certificate of need, an applicant shall file a an adequate letter of intent with the commissioner no less than 30 days or, in the case of review cycle applications under section 9439 of this title, no less than 45 days prior to the date on which the application is to be filed.  The letter of intent shall form the basis for determining the applicability of this subchapter to the proposed expenditure or action.  A letter of intent shall become invalid if an application is not filed within six months of the date that the letter of intent is received or, in the case of review cycle applications under section 9439 of this title, within such time limits as the commissioner shall establish by rule.  Public Except for requests for expedited review under subdivision (5) of this subsection, public notice of such letters of intent shall be provided in newspapers having general circulation in the region of the state affected by the letter of intent.  The notice shall identify the applicant, the proposed new health care project, and the date by which a competing application or petition to intervene must be filed.  In addition, a copy of the public notice shall be sent to the clerk of the municipality in which the health care facility is located.  Upon receipt, the clerk shall post the notice in or near the clerk’s office and in at least two other public places in the municipality.

Second:  In Sec. 8, subdivision 9440(c)(4) of Title 18, after the words “the consent of the applicant” by striking the words “provided that any period of” and inserting in lieu thereof  “.  The

Third:  In Sec. 8, subsection 9440(c), by striking subdivision (5) in its entirety and inserting in lieu thereof the following:

(5)  An applicant seeking expedited review of a certificate of need application may simultaneously file a letter of intent and an application with the commissioner.  Upon making a determination that the proposed project may be uncontested and does not substantially alter services, as defined by rule, the commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in this section.

Fourth: By striking Sec. 10 in its entirety and inserting in lieu thereof the following:

Sec. 10.  MOBILE HEALTH FACILITIES

The general assembly finds that there have been concerns raised about the practices of private mobile health facilities that enter the state of Vermont for the purpose of providing one-day diagnostic screenings to Vermont residents for a specified fee.  The general assembly requests that the commissioner of health, in consultation with the office of the attorney general, review whether the practices of such mobile health facilities serve the best interests of Vermonters and report his or her findings to the general assembly not later than November 30, 2007.

Fifth:  By adding a new Sec. 12 as follows:

Sec. 12.  HEALTH INFORMATION TECHNOLOGY PLANNING

(a)  Notwithstanding the procedures in subchapter 5 of chapter 221 of Title 18, an applicant seeking expedited review of a certificate of need application for a health information technology project may simultaneously file a letter of intent and an application with the commissioner of banking, insurance, securities, and health care administration without providing the public notice required under subdivision 9440(c)(2) of Title 18.  The commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate, upon a finding that application is consistent with:

(1)  the preliminary health information technology plan issued by the Vermont information technology leaders on January 1, 2007, pursuant to subsection 9417(g) of Title 18, or with the final health information technology plan, if it has been issued at the time the certificate of need is filed; and

(2)  the health resource allocation plan. 

(b)  In making a determination, the commissioner may rely upon the written opinions of persons with expertise in health information technology.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in section 9440 of Title 18.

(c)  This section shall be repealed upon approval of the health information technology plan by the general assembly and upon adoption of rules under section 9440b of Title 18.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the report of the committee on Health Care agreed to.

Pending the question, Shall the bill be read the third time? Rep. Donahue of Northfield moved to amend the bill as follows:

By striking Sec. 1 in its entirety and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 1854(a) is amended to read:

(a)  A hospital shall make public the maximum patient census and the number of registered nurses, licensed practical nurses, and licensed nursing assistants providing direct patient care in each unit during each shift.  The number of nurses shall be reported in full-time equivalents, with either every eight hours or 12 hours worked by a registered nurse, licensed practical nurse, or licensed nursing assistant during the shift as one full-time equivalent.  Each unit's information shall be posted in a prominent place that is readily accessible to patients and visitors in that unit at least once each day.  The posting shall include the information for the preceding seven days.  The number of nurses shall be reported in a manner consistent with the requirements for public reporting for measures of nurse staffing selected by the commissioner of banking, insurance, securities, and health care administration under subdivision 9405b(a)(12) of this title, but shall not in any way change the format or content of the posting requirements of this subsection.

Which was agreed to and third reading of the bill was ordered.

Bill Read Second Time; Third Reading Ordered

H. 521

Rep. Smith of Morristown spoke for the committee on Ways and Means.

House bill entitled

An act relating to miscellaneous substantive tax amendments;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Third Reading; Bill Passed

H. 149

House bill, entitled

An act relating to liquor identification and tobacco licenses;

Was taken up, read the third time and passed.

Bill  Read Third Time and Passed

H. 353

House bill, entitled

An act relating to employee free choice for bargaining representative;

Was taken up and pending third reading of the bill, Rep. Sunderland of Rutland Town moved to amend the bill as follows:

     By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1   STUDY OF REGULATION OF ELECTIONS UNDER THE STATE EMPLOYEES LABOR RELATIONS ACT

(a) A committee, none of whose members shall be current or former members of the general assembly, is established to review the conduct and regulation of elections held for purposes of certifying a representational bargaining unit pursuant to the state employees labor relations act (the act). The committee, taking into consideration the experiences of representational bargaining unit certification elections held in other states and the private sector, and the interests and experiences of employees who are subject to the act, but not currently members of nor represented by a bargaining unit, shall examine the following issues:

(1) Are elections conducted fairly and in a manner that assures the privacy of individual employees’ voting decisions?

 (2) Are employees provided adequate information, both in favor and in opposition to the certification question, in order that they can cast their ballots informatively?  

(b) The committee shall consist of  two members appointed by the speaker of the house one of whom shall be a public sector employer and the second a public sector employee; two members to be appointed by the senate committee on committees one of whom shall be a public sector employer and the second a public sector employee; two members to be appointed by the governor one of whom shall be a public sector employer and the second a public sector employee; and one who shall be appointed jointly by the speaker of the house of representatives, the senate committee on committees, and the governor and who shall have a neutral background as defined in subdivision 921(a)(1)(B) of Title 3 and who shall serve as chair of the committee.

(c) The committee shall be authorized to meet six times during the 2007 legislative interim, and any member of the committee who is not an employee of the state of Vermont shall be entitled to per diem expenses in accordance with section 1010 of Title 32.

(d) The legislative council shall provide professional and clerical staff support to the committee.

(e) On or before January 15, 2008, the committee shall submit a report of its findings and recommendations to the house committee on general, housing, and military affairs, and the senate committee on economic development, housing, and general affairs.

Pending the question, Shall the House amend the bill as recommended by Rep. Sunderland of Rutland Town? Rep. Partridge of Windham demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House amend the bill as recommended by Rep. Sunderland of Rutland Town?  was decided in the negative.  Yeas, 55.  Nays, 82.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Browning of Arlington

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Fallar of Tinmouth

Flory of Pittsford

Gervais of Enosburg

Heath of Westford

Hudson of Lyndon

Johnson of Canaan

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

LaVoie of Swanton

Lawrence of Lyndon

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Perry of Richford

Peterson of Williston

Rodgers of Glover

Scheuermann of Stowe

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Ancel of Calais

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those members absent with leave of the House and not voting are:


Consejo of Sheldon

Copeland-Hanzas of Bradford

Gilbert of Fairfax

Helm of Castleton

Hube of Londonderry

Larrabee of Danville

Livingston of Manchester

Martin of Wolcott

Ojibway of Hartford

Pugh of S. Burlington

Stevens of Shoreham


 

     Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass? Rep. Adams of Hartland demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative.  Yeas, 78.  Nays, 59.

Those who voted in the affirmative are:


Ancel of Calais

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Consejo of Sheldon

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Fallar of Tinmouth

Flory of Pittsford

Gervais of Enosburg

Heath of Westford

Hudson of Lyndon

Johnson of Canaan

Keogh of Burlington

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

LaVoie of Swanton

Lawrence of Lyndon

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Perry of Richford

Peterson of Williston

Rodgers of Glover

Scheuermann of Stowe

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those members absent with leave of the House and not voting are:


Copeland-Hanzas of Bradford

Fisher of Lincoln

Helm of Castleton

Hube of Londonderry

Larrabee of Danville

Livingston of Manchester

Martin of Wolcott

Miller of Shaftsbury

Ojibway of Hartford

Pugh of S. Burlington

Stevens of Shoreham


 

     Rep. Wright of Burlington explained his vote as follows:

“Madam Speaker:

     My no vote reflects my concern that passage of H. 353 will mean replacing a system that has worked well, with one that is meant to ensure the outcome of every union election.  The card check or petition is unfair and undemocratic.  Hopefully, there is a pen poised and ready.”

     Rep. Donahue of Northfield explained her vote as follows:

“Madam Speaker:

     The fundamental right to a secret ballot has been breached today for some workers in this state.  It is a blow to the right of workers to choose a union, and to long-standing principles of our democracy.”

Third Reading; Bill Passed

H. 361

House bill, entitled

An act relating to  pay scale, death benefit, and tuition benefits for members of the National Guard;

Was taken up and read the third time. 

Pending the question, Shall the bill pass? Rep. Mook of Bennington demanded the Yeas and Nays, which demand was sustained by the Constitutional number.

Thereupon, Rep. Mook of Bennington asked and was granted leave of the House to withdraw her request for a roll call vote and the bill was passed.

Third Reading; Bills Passed

House bills of the following titles were severally taken up, read the third time and passed:

H. 522

     House bill, entitled

     An act relating to the viability of Vermont agriculture.

H. 525

     House bill, entitled

An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety.

H. 527

     House bill, entitled

     An act relating to the state’s transportation program.

 

Bills Messaged to Senate Forthwith

On motion of Rep. Adams of Hartland, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

H. 149

House bill, entitled

An act relating to liquor identification and tobacco licenses;

H. 353

House bill, entitled

An act relating to employee free choice for bargaining representative;

H. 361

House bill, entitled

An act relating to  pay scale, death benefit, and tuition benefits for members of the National Guard;

H. 522

     House bill, entitled

     An act relating to the viability of Vermont agriculture.

H. 525

     House bill, entitled

An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety.

H. 527

     House bill, entitled

     An act relating to the state’s transportation program.

Recess

At twelve o’clock and fifty minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

Afternoon

At one o’clock and fifty minutes in the afternoon, the Speaker called the House to order.

Message from the Senate No. 38

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bills of the following titles:

S. 39.  An act relating to health insurance plan reimbursement for covered services provided by naturopathic physicians.

S. 45.  An act relating to the right to attend town meeting.

S. 46.  An act relating to wrongful discharge for voting or attending town meeting.

S. 82.  An act relating to the use of Vermont addresses and representations of Vermont origin.

S. 97.  An act relating to correctional facilities.

S. 120.  An act relating to wine tastings at farmers’ markets.

S. 137.  An act relating to reducing the amount of phosphorus allowed in household cleansing products used in dishwashers.

S. 169.  An act relating to civil violations for animal cruelty.

In the passage of which the concurrence of the House is requested.

     The Senate has on its part adopted Senate concurrent resolutions of the following titles:

S.C.R. 12.  Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team.

S.C.R. 13.  Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys’ ice hockey team.

     The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:

     H.C.R. 74.  House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team.

     H.C.R. 75.  House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams.

     H.C.R. 76.  House concurrent resolution honoring the federal TRIO programs in Vermont.

     H.C.R. 77.  House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters.

     H.C.R. 78.  House concurrent resolution in memory of George H. Duke of Dummerston.

     H.C.R. 79.  House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award.

     H.C.R. 80.  House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the House of Representatives.

     H.C.R. 81.  House concurrent resolution in memory of Bristol selectboard member Armand Compagna.

Action on Bill Postponed

H. 296

House bill, entitled

An act relating to potable water supply and wastewater system permitting;

Was taken up and pending the reading of the report of the committee on Fish, Wildlife and Water Resources, on motion of Rep. Adams of Hartland, action on the bill was postponed until the next legislative day.

Bill Amended; Third Reading Ordered;

Rules Suspended; Bill Read Third Time and Passed;

Rules Suspended; Bill Ordered Messaged to the Senate Forthwith

H. 433

Rep. Kupersmith of South Burlington spoke for the committee on Commerce.

Rep. Bostic of St. Johnsbury, for the committee on Appropriations, to which had been referred House bill, entitled

An act relating to the next generation initiative of workforce development through workforce development programs and internships;

Reported in favor of its passage when amended as follows:

First:  In Sec. 3, by striking subdivision 10 V.S.A. § 531(a)(1) in its entirety and inserting a new subdivision (a)(1) to read as follows:

(1)  when issuing grants to an employer or consortium of employers, the employer promises as a condition of the grant to increase employment or provide training to enhance employment stability at an existing or expanded eligible facility within the state where eligible facility is defined as in subdivision § 212(6) 212(6) of this title relating to Vermont economic development authority, or the employer or consortium of employers promises to open an eligible facility within the state which will employ persons, provided that for the purposes of this section, eligible facility may be broadly interpreted to include employers in sectors other than manufacturing including the fields of information technology, telecommunications, health care, and environmental technologies; and

Second:  In Sec. 4, by striking 10 V.S.A. § 543(d)(2) in its entirety and inserting a new subdivision (d)(2) to read as follows:

(2)  Proposals that will lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Third:  In Sec. 4, by striking 10 V.S.A. § 544(b)(2) in its entirety and inserting a new subdivision (b)(2) to read as follows:

(2)  Lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Fourth:  In Sec. 4, by striking 10 V.S.A. § 545(a) in its entirety and inserting a new subsection (a) to read as follows:

(a)  There is created a workforce development grant program authorized to award grants to public, private, and nonprofit entities for internship programs that match students from public and private high schools, regional technical centers, the community high school of Vermont, and colleges with Vermont employers. 

Fifth:  In Sec. 4, 10 V.S.A. § 545(b), by striking the last sentence in its entirety

Sixth:  In Sec. 4, by striking 10 V.S.A. § 545(c)(1) in its entirety and inserting a new subdivision (c)(1) to read as follows:

(1)  Do not replace or supplant existing positions in the workplace.

Seventh:  In Sec. 4, 10 V.S.A. § 545(g), after “support” by adding “for the grant award process

Eighth:  After Sec. 4, by inserting a new Sec. 5 to read as follows:

Sec. 5.  16 V.S.A. § 2856(a) is amended to read:

(a)  An active member of the Vermont army national guard or the air national guard may be eligible for an interest-free loan in an academic year for financial assistance to pay for tuition and fees for courses taken at a Vermont college, university, or regional technical center.  Academic year awards may be up to the in-state tuition rate at the Vermont state colleges University of Vermont for that year.  Traditional airmen may receive academic year awards up to $9,500.00 per year.

and by renumbering the remaining sections to be numerically correct

Ninth:  By striking Sec. 6 in its entirety and inserting a new Sec. 6 to read as follows:

* * * Appropriations * * *

Sec. 6.  APPROPRIATIONS

(a)  Nondegree grant program.  The total sum of $1,100,000.00 is appropriated to the Vermont student assistance corporation for its nondegree grant program, which may include living stipends, not to exceed $3,000.00 each, for students participating in workforce development programs.  Of the total amount appropriated in this subsection, $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $600,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(b)  Vermont employment training fund.  The sum of $1,150,000.00 is appropriated, of this, $150,000.00 is from the fiscal 2007 monies transferred to the next generation initiative fund and $1,000,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund to the agency of commerce and community development for the Vermont employment training fund for the issuance of grants pursuant to 10 V.S.A. § 531, which shall be connected to the creation of new jobs. 

(c)  Loan repayment for health care professionals. 

(1)  The sum of $1,200,000.00 is appropriated from the fiscal 2008 monies transferred to the next generation initiative fund for the department of health for a grant to the area health education centers (AHEC) for repayment of commercial or governmental loans for postsecondary health care-related education or training owed by persons living and working in Vermont in the health care field. The department of health shall seek to match the funds appropriated pursuant to this subdivision under the global commitment waiver and shall report to the general assembly during the 2008 session the amount of the funds that was able to be matched.

(2)(A)   The sum of $950,000.00 is appropriated from the fiscal 2007 monies transferred to the next generation initiative fund to the agency of human services to fund the health professional loan repayment programs administered by the area health education centers (AHEC) through the Vermont department of health.  The loan repayment programs are to be as follows:

(i)  $50,000.00 for nurse educators;

(ii)  $250,000.00 for primary care physicians;

(iii)  $120,000.00 for dentists;

(iv)  $340,000.00 for health care professionals; and

(v)  $190,000.00 for nurses.

(B)  It is the intent of the general assembly that beginning in fiscal year 2009, funding for the health professional loan repayment program shall be a combination of funds from the global commitment fund, general fund, and next generation fund to add up to $2,150,000.00 in total program funds.

(d)  Workforce education and training fund.  The total sum of $2,100,000.00 is appropriated to the department of labor for the workforce education and training fund as follows:

(1)  A total of $1,500,000.00 for the workforce development grant program for innovative training programs created under 10 V.S.A. § 544, of which amount $100,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $1,400,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(2)  A total of $600,000.00 for the workforce development grant program for secondary and postsecondary internships created under 10 V.S.A. § 545, of which amount $300,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(e)  Scholarships.  The total sum of $4,400,000.00 is appropriated to the Vermont student assistance corporation for scholarships as follows:

(1)  A total of $2,900,000.00 to provide scholarships for Vermont students, of which amount $1,200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund and $1,700,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund, including $167,000.00 for the National Guard scholarship program established in section 2856 of Title 16.

(2)  A total of $1,000,000.00 to provide scholarships for academic credit and stipends received in connection with internships, of which amount $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $500,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(3)  A total of $500,000.00 to provide need-based scholarships for secondary students enrolled in dual enrollment courses at postsecondary institutions, of which amount $200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Appropriations agreed to and third reading ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage.  The bill was read the third time and passed and, on motion of Rep. Adams of Hartland the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Bill Amended; Third Reading Ordered

H. 99

Rep. Moran of Wardsboro, for the committee on General, Housing and Military Affairs, to which had been referred House bill, entitled

An act relating to legislative interim study committee on public libraries;

Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  LEGISLATIVE COMMITTEE ON PUBLIC LIBRARIES; STUDY

             AND REPORT

(a)  There is created a legislative interim study committee to study the impact of Vermont’s public libraries on their communities and the impact that the communities have on their libraries.

(b)  The committee shall consist of three members of the senate appointed by the committee on committees and three members of the house appointed by the speaker of the house, the state librarian or designee, and four members selected by the Vermont library association.  The committee shall elect a chair from among its members.

(c)  The committee shall document the full range of services provided by public libraries and the impact that these services have on their patrons and communities; and consider at what level financial support is needed for public libraries so that they can meet the increased demands of Vermont’s citizens.

(d)   The committee may meet up to eight times.

(e)  Administrative and professional support shall be provided by the legislative council and the department of libraries.

(f)  The committee shall submit to the general assembly a report that details its analysis, findings, and recommendations, including recommended appropriations, by January 15, 2008.

(g)  Citizen and library association members shall be entitled to compensation and reimbursement for travel expenses at state reimbursement rates, unless otherwise compensated for these expenses.

(h)  Legislative members shall be entitled to compensation and reimbursement for travel expenses as provided in section 406 of Title 2.

Sec. 2.  PUBLIC LIBRARY SPECIAL FUND; CREATION

(a)  The public library special fund is created in the Vermont department of libraries for the purpose of funding a statewide grant program for public libraries to maintain the current level of public library services provided to Vermonters, respond to the increasing need and demand for new services; and meet at least minimum standards of quality.

(b)  The fund shall be consist of donations, gifts, any funds appropriated by the general assembly, or received from any other source, private or public.  All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund.  Interest earned by the fund shall remain in the fund.

(c)  Grants shall be authorized by the department, pursuant to rules adopted by the department.  The rules shall require at a minimum that:

(1)  A library meets minimum standards of quality to be eligible for a grant.

(2)   The grant shall be for no more than ten percent of the library’s operating budget, utilizing a formula based on total local income.

(3)  The grant shall not be used by the library or the municipality in which the library is located to replace or reduce local funding provided for library operations.

Sec. 3.  APPROPRIATIONS

There is appropriated from the general fund in fiscal year 2008 the following

(1)  $7,500.00 to the Vermont legislative council to carry out the provisions of Sec. 1 of this act.

(2)  $10,000.00 to the Vermont department of libraries to fund the Public library special fund created in Sec. 2 of this act.

Rep. Hutchinson of Randolph, for the committee on Appropriations, recommended the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  LEGISLATIVE STAFF STUDY OF LIBRARIES IN OTHER STATES 

(a)       The Joint Fiscal Office and the Legislative Council, with the cooperation of the State department of libraries, shall identify other states that are comparable to Vermont in terms of population or population density. The study shall examine the number of libraries per capita, funding mechanisms, governance structures, and the services provided from the state library.

(b)      A report detailing the results of the study shall be submitted to the general assembly by January 15, 2008.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Thereupon, Rep. Moran of Wardsboro asked and was granted leave of the House to withdraw the report of the committee on General, Housing and Military Affairs.

Thereupon, the report of the committee on Appropriations was agreed to and third reading ordered.

Action on Bill Postponed

H. 449

House bill, entitled

An act relating to foster care services and supports;

Was taken up and pending the reading of the report of the committee on Human Services, on motion of Rep. French of Randolph, action on the bill was postponed until the next legislative day.

Favorable Report; Third Reading Ordered

H. 429

Rep. Krawczyk of Bennington, for the committee on Natural Resources and Energy, to which had been referred House bill, entitled

An act relating to underground and aboveground storage tanks;

Reported in favor of its passage. 

Rep. Morley of Barton, for the committee on Appropriations, recommended the bill ought to pass.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Adjournment

At two o’clock  and fifty-five minutes in the afternoon, on motion of Rep. Nease of Johnson, the House adjourned until Tuesday, March 27, 2007, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 26.

Concurrent Resolutions Adopted

     The following concurrent resolutions, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration  as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence.

H.C.R.  74

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team

H.C.R.  75

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams 

H.C.R.  76

House concurrent resolution honoring the federal TRIO programs in Vermont

H.C.R.  77

House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters

H.C.R.  78

House concurrent resolution in memory of George H. Duke of Dummerston

H.C.R.  79

House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award

 

 

H.C.R. 80

House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the house of representatives

H.C.R.  81

House concurrent resolution in memory of Bristol selectboard member Armand Compagna

S.C.R.  12.

Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team

S.C.R.  13.

Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys' ice hockey team

     [The full text of the concurrent resolutions appeared in the Senate and House Calendar Addendum on the preceding legislative day and will appear in the volume of the Public Acts and Resolves of the 2007, sixty-ninth  Adjourned session]

 



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