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Journal of the House

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TUESDAY, APRIL 17, 2007

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Farmer/Poet, Gordon Tallman, of Hyde Park, Vermont.

Pledge of Allegiance

Page Caitlin Morse of Milton led the House in the Pledge of Allegiance.

Senate Bill Referred

S. 171

Senate bill, entitled

An act relating to discharge of a mortgage by an attorney;

Was taken up, read the first time and referred to the committee on Judiciary.

Bill Referred to Committee on Appropriations

H. 453

House bill, entitled

An act relating to the Job Start Program;

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

Bills Referred to Committee on Ways and Means

House bills of the following titles, appearing on the Calendar, affecting the revenue of the state, under the rule, were referred to the Committee on Ways and Means:

H. 268

House bill, entitled

An act relating to the Universal Service Fund;

H. 269

House bill, entitled

An act relating to Universal Service Fund rate established by the Public Service Board;

H. 483

House bill, entitled

An act relating to land gains tax exemption for transfer to nonprofit housing organization;

H. 484

House bill, entitled

An act relating to expansion of affordable housing income tax credit;

H. 485

House bill, entitled

An act relating to reduction of property transfer tax on primary residences.

Bill Amended; Third Reading Ordered

H. 290

Rep. Consejo of Sheldon, for the committee on Commerce, to which had been referred House bill, entitled

An act relating to underground utility damage prevention system;

Reported in favor of its passage when amended as follows:

First:  By striking Sec. 2 in its entirety and inserting a new Sec. 2 to read as follows:

Sec. 2.  30 V.S.A. § 7008(a) and (b) are amended to read:

(a)  Any person who violates any provisions of sections 7004, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of up to $1,000.00 no more than $1,000.00 and no more than $5,000.00 for a violation committed within three years of a previous violation, in addition to any other remedies or penalties provided by law or any liability for actual damages.

(b)  Any company which does not mark the location of its underground facilities as required by section 7006 or 7006a of this title shall be subject to a civil penalty of up to $1,000.00 no more than $1,000.00 and no more than $5,000.00 for a violation committed within three years of a previous violation.

Second:  In Sec. 4, by striking the last sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: “Excavation activities shall not include the tilling of the soil for agricultural purposes or, activities relating to routine public highway maintenance, or the use of a hand shovel by a company to locate or service its own facilities.

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

Proposal of Amendment Agreed to; Third Reading Ordered

S. 77

Rep. Jewett of Ripton, for the committee on Judiciary, to which had been referred Senate bill, entitled

An act relating to transferring title to a motor vehicle to a surviving spouse;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

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

Sec. 1.  23 V.S.A. § 2023(e) is amended to read:

(e)(1)  Notwithstanding other provisions of the law, and except as provided in subdivision (2) of this subsection, whenever the estate of an individual who dies intestate consists principally of an automobile in whole or in part of a motor vehicle, and the person’s will or other testamentary document does not specifically address disposition of motor vehicles, the surviving spouse shall be deemed to be the owner of the motor vehicle, and title to the same motor vehicle shall automatically and by virtue hereof pass to said the surviving spouse.  Registration and title of the motor vehicle in the name of the surviving spouse shall be effected by payment of a transfer fee of $7.00.  This transaction is exempt from the provisions of the purchase and use tax on motor vehicles.

(2)  This subsection shall apply to no more than two motor vehicles, and shall not apply if the motor vehicle is titled in the name of one or more persons other than the decedent and the surviving spouse.

Sec. 2.  REPORT

The department of motor vehicles shall report to the house and senate committees on judiciary on the advisability and feasibility of adding a transfer on death provision to motor vehicle titles and registrations.

Sec. 3.  12 V.S.A. § 5531 is amended to read:

§ 5531.  RULES GOVERNING PROCEDURE

(a)  The supreme court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $3,500.00 $5,000.00. Claims for relief other than money damages may not be brought under this chapter. A claim in excess of $5,000.00 may not be split into two or more claims under this chapter. The procedure shall not be exclusive, but shall be alternative to the formal procedure begun by the filing of a complaint.

* * *

Sec. 4.  Rule 2 of the Vermont Rules of Small Claims Procedure is amended to read:

RULE 2.  JURISDICTION PLACE OF SUIT; FILING FEE

(a)  Jurisdiction. Actions on claims for money damages not exceeding $3,500.00 $5,000.00 may be brought under these rules, except claims based on defamation.  Claims for relief other than money damages may not be brought under these rules. A claim in excess of $3,500.00 $5,000.00 may not be split into two or more claims under these rules.

Sec. 5.  12 V.S.A. § 2681 is amended to read:

§ 2681.  EXECUTIONS IN SUPREME AND SUPERIOR COURTS; TIME

(a)  The supreme and superior courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof.  Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section.

(b)  Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any post-judgment costs, fees, and interest allowed by law.

and, that upon passage, the title shall read:  “AN ACT RELATING TO SMALL CLAIMS COURT AND TO TRANSFERRING TITLE TO A MOTOR VEHICLE TO A SURVIVING SPOUSE”

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposal of amendment offered by the committee on Judiciary agreed to and third reading ordered.

Senate Proposal of Amendment Concurred in

H. 372

     The Senate proposed to the House to amend House bill, entitled

     An act relating to the rendering of nursing and medical services by professional corporations;

First:  In Sec. 2, 26 V.S.A. § 1585, in the section catchline, by striking out the words “ADVANCED PRACTICE REGISTERED NURSES” and inserting in lieu thereof the words REGISTERED OR LICENSED PRACTICAL NURSING

Second:  By adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage

     Which proposal of amendment was considered and concurred in.

Senate Proposal of Amendment Concurred in

H. 510

     The Senate proposed to the House to amend House bill, entitled

     An act relating to Vermont Life magazine;

First:  In Sec. 1, 3 V.S.A. § 2473a(b), in the last sentence, after the words “outside influence”, by adding the words , including that from the legislative or executive branch of state government

Second:  In Sec. 1, 3 V.S.A. § 2473a(c), in the first sentence, by striking out the words “direction of the editor” and inserting in lieu thereof the words supervision of the business manager and at the direction of the publisher

Third:  By adding a new Sec. 2 to read as follows:

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage.

     Which proposal of amendment was considered and concurred in.

Joint Resolution Adopted in Concurrence

J.R.S. 29

Joint resolution, entitled

Joint resolution supporting the application of the Republic of China (Taiwan) for observer status at the World Health Organization;

Was taken up and adopted in concurrence.

Adjournment

At eleven o’clock in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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