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Journal of the House

________________

WEDNESDAY, MARCH 19, 2008

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

Devotional Exercises

Devotional exercises were conducted by Reverend Linda Kulas of the United Church, Northfield, VT.

Bill Amended; Third Reading Ordered

H. 257

Rep. Clarkson of Woodstock, for the committee on Judiciary, to which had been referred House bill, entitled

An act relating to the codification of existing community justice centers;

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

Sec. 1.  24 V.S.A. chapter 58 is added to read:

CHAPTER 58.  COMMUNITY JUSTICE CENTERS

§ 1961.  Legislative findings

(a)  Consistent with the policy of restorative justice established in section 2a of Title 28, local communities in the state have established community justice centers to create a community-administered, nonadversarial process that:

(1)  Resolves conflicts among citizens.

(2)  Repairs damage to communities caused by criminal acts.

(3)  Addresses the wrongs that criminal acts inflict on individuals.

(4)  Responds to a person’s wrongdoing at its earliest onset.

(5)  Reduces the risk of an offender committing a more serious crime in the future that would require a more intensive and costly sanction.

(b)  A system of community justice centers that operates under the authority of a single statute will:

(1)  Help each community justice center collaborate more closely with law enforcement and state’s attorneys, state agencies, social service providers, victim advocacy organizations, and other community resources.

(2)  Enhance the services each community justice center provides.

(3)  Help each community justice center further its policy interest of achieving restorative justice.

§ 1962.  Definitions

As used in this chapter:

(1)  “Legislative body” means the mayor and board of aldermen of a city, a city council, a town selectboard, or the president and trustees of an incorporated village.

(2)  “Municipality” means a city, town, or incorporated village.

§ 1963.  Authority of municipalities

The legislative body of any municipality may create within its jurisdiction a community justice center to resolve civil disputes and address the wrongdoings of individuals who have committed municipal, juvenile, or criminal offenses.

§ 1964.  STRUCTURE OF THE COMMUNITY JUSTICE BOARDS

Each community justice center:

(1)  Shall have an advisory board comprised of 51 percent citizen volunteers.

(2)  May use a variety of restorative justice approaches, including community panels or boards, group conferencing, or mediation.

(3)  Shall include programs to resolve disputes, address the needs of victims, address the wrongdoing of the offender, and promote the rehabilitation of youthful and adult offenders.

§ 1965.  duties of the community justice centers

Each community justice center:

(1)  Shall work in close coordination with state agencies, law enforcement agencies, state’s attorneys, social service providers, victim advocacy organizations, and other community resources in administering the programs defined in subdivision 1964(3) of this title.

(2)  Shall, in collaboration with state and local agencies, provide training on the restorative justice process to citizen volunteers to enable their participation in the local community justice center.

(3)  May address quality of life issues in the community it serves by providing informational and educational resources to the community.

(4)  May, in addition to the funding it receives from the state, apply for funding from private foundations, other governmental sources, or other sources.

§ 1966.  Community JUSTICE centers’ relationship with state government entities

(a)  The agency of human services shall provide to the community justice centers the information, analysis, and technical and financial support which the community justice centers, in collaboration with the agency of human services, determine are necessary to further their policy of restorative justice.

(b)  Funding from the agency of human services.  The agency of human services may provide funding and authorize community justice centers to participate in the implementation of state programs related to juvenile and criminal offenses.

(c)  Access to information.  Community justice center employees and volunteers participating in state-funded programs shall have access to information, analysis, and technical support as necessary to carry out their duties within the program in accordance with state and federal confidentiality statutes and policies.

(d)  Liability.

(1)  For the purposes of defining liability, community justice center volunteers participating in programs funded by the agency of human services pursuant to subsection (b) of this section shall be considered volunteers of that agency.

(2)  In all other cases, the state and the municipality shall each be liable for the acts and omissions of employees operating within the scope of their employment.

(e)  The agency of human services, the attorney general, and community justice center directors shall study methods to expand the number of community justice centers in order to serve municipalities without community justice centers.  The study shall include consideration of how municipalities could work jointly to facilitate the expansion of community justice center services.   

§ 1967.  CASES PROHIBITED

No case involving domestic violence, domestic assault, sexual violence, sexual assault, or stalking shall be referred to a community justice center except in department of corrections offender reentry programs pursuant to protocols protecting victims.

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

Bill Amended; Third Reading Ordered

H. 748

Rep. Clark of Vergennes, for the committee on Education, to which had been referred House bill, entitled

An act relating to permitting students to possess and self-administer life-saving medicine;

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

Sec. 1.  16 V.S.A. § 1387 is added to read:

§ 1387.  POSSESSION AND SELF-ADMINISTRATION OF EMERGENCY MEDICATION

(a)  Pursuant to the requirements of this section, each public and approved independent school in the state shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication on school grounds, at school-sponsored activities, while on school-provided transportation, and during school-related programs.

(b)  In each school year for which possession and self‑administration of emergency medication is requested, the student’s parent or guardian shall provide the school with:

(1)  Written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication. 

(2)  Written documentation from the student’s physician:

(A)  Stating that the student has one or more life-threatening allergies or asthma or both.

(B)  Providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.

(C)  Affirming that the student is capable of, and has been instructed in, the proper method of self-administration of the emergency medication.

(c)  In each school year for which possession and self‑administration of

emergency medication is requested, the student’s parent or guardian shall develop, in consultation with the school nurse or a nurse under contract with an approved independent school, a plan of action regarding the student’s life‑threatening allergy or allergies or asthma.  The plan of action shall be based upon the written documentation provided by the student’s physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.

(d)  The student’s parent or guardian shall sign a statement on a form to be provided by the school, releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student’s self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, willful and wanton misconduct, or intentional misconduct. 

Sec. 2.  EFFECTIVE DATE

This act shall apply during the 2008–2009 academic year and after.

and that upon passage, the title shall be “AN ACT RELATING TO PERMITTING STUDENTS TO POSSESS AND SELF‑ADMINISTER EMERGENCY MEDICATION”

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

Third Reading; Bill Passed

H. 871

House bill, entitled

An act relating to professional requirements for the deputy attorney general, assistant attorneys general, probate judges, deputy state’s attorneys, constables and sheriffs;

Was taken up, read the third time and passed.

Read Third Time and Passed

H. 863

House bill, entitled

An act relating to creation and preservation of affordable housing and smart growth development;

Was taken up and pending third reading of the bill, Rep. Helm of Castleton moved to amend the bill as follows:

by adding a new Sec. 27 to read:

Sec. 27.  32  V.S.A. §3481 (1) is amended to read:

(1) "Appraisal value" shall mean, with respect to property enrolled in a use value appraisal program, the use value appraisal as defined in subdivision 3752(12) of this title, multiplied by the common level of appraisal, and with respect to all other property, the estimated fair market value. The estimated fair market value of a property is the price which the property will bring in the market when offered for sale and purchased by another, taking into consideration all the elements of the availability of the property, its use both potential and prospective, any functional deficiencies, and all other elements such as age and condition which combine to give property a market value. Those elements shall include a consideration of a decrease in value in nonrental residential property due to a housing subsidy covenant as defined in section 610 of Title 27, or the effect of any state or local law or regulation affecting the use of land, including but not limited to chapter 151 of Title 10 or any land capability plan established in furtherance or implementation thereof, rules adopted by the state board of health and any local or regional zoning ordinances or development plans. In determining estimated fair market value, the sale price of the property in question is one element to consider, but is not solely determinative.

For residential rental property that is subject to a housing subsidy covenant or other legal restriction, imposed by a governmental, quasi-governmental, or public purpose entity, on rents that may be charged, fair market value shall be determined by an income approach using the following elements:

(A) market rents with utility allowance adjustments for the geographic area in which the property is located as determined by the federal office of Housing and Urban Development or in the case of properties authorized under 42 U.S.C. § 1437, 12 U.S.C. § 1701q, 42 U.S.C. § 1485, 12 U.S.C. § 1715z-1, 42 U.S.C. § 1437f, and 24 CFR Part 882 Subpart D and E, the higher of contract rents (meaning the amount of federal rental assistance plus any tenant contribution) and HUD market rents;

(B) actual expenses incurred with respect to the property which shall be provided by the property owner in a format acceptable to the commissioner and certified by an independent third party, such as a certified public accounting firm or public or quasi-public funding agency;

(C) a vacancy rate that is 50 percent of the market vacancy rate as determined by the United States Census Bureau with local review by the Vermont housing finance agency; and

(D) a capitalization rate that is typical for the geographic area determined and published annually prior to April 1 by the division of property valuation and review after consultation with the Vermont housing finance agency.

Thereupon, Rep. Helm of Castleton asked and was granted leave of the House to withdraw his amendment.

Pending third reading of the bill, Rep. Perry of Richford moved to amend the bill as follows:

     In Sec. 1, 24 V.S.A. § 2791(15)(A)(ii), by striking the number “50” and inserting the number “100” and in Sec. 2, 24 V.S.A. § 2793d(c)(2), by striking the number “50” and inserting the number “100

     Which was agreed to.

     Pending third reading of the bill, Rep. Livingston of Manchester moved to amend the bill as follows:

by adding a new Sec. 9a to read:

Sec. 9a. 10 V.S.A. § 6093(a)(1) and (2) are amended to read:

§ 6093. MITIGATION OF PRIMARY AGRICULTURAL SOILS

(a) Mitigation for loss of primary agricultural soils. Suitable mitigation for the conversion of primary agricultural soils necessary to satisfy subdivision 6086(a)(9)(B)(iv) of this title shall depend on where the project tract is located. unless the subdivision has affordable housing units as provided for in subdivisions (1)(B)(ii) and (2) of this subsection.

(1) Project located in growth center. If the project tract is located in a designated growth center, an applicant who complies with subdivision 6086(a)(9)(B)(iv) of this title shall deposit an offsite mitigation fee into the Vermont housing and conservation trust fund established under section 312 of this title for the purpose of preserving primary agricultural soils of equal or greater value with the highest priority given to preserving prime agricultural soils as defined by the U.S. Department of Agriculture. Any required offsite mitigation fee shall be derived by:

(A) determining the number of acres of primary agricultural soils affected by the proposed development or subdivision;

(B) multiplying the number of affected acres of primary agricultural soils by a factor resulting in a ratio established as follows:

(i) for development or subdivision within a designated growth center, the ratio shall be 1:1;

(ii) for residential construction that has a density of at least eight units of housing per acre, of which at least eight units per acre or at least 40 percent of the units, on average, in the entire development or subdivision, whichever is greater at least three units that  meets meet the definition of affordable housing established in this chapter, no mitigation shall be required. However, all affordable housing units shall be subject to housing subsidy covenants, as defined in 27 V.S.A. § 610, that preserve their affordability for a period of 99 years or longer. For purposes of this section, housing that is rented shall be considered affordable housing when its inhabitants have a gross annual household income that does not exceed 60 percent of the county median income or 60 percent of the standard metropolitan statistical area income if the municipality is located in such an area.

(C) multiplying the resulting product by a "price-per-acre" value, which shall be based on the amount that the secretary of agriculture, food and markets has determined to be the recent, per-acre cost to acquire conservation easements for primary agricultural soils in the same geographic region as the proposed development or subdivision.

(2) Project located outside designated growth center. If the project tract is not located in a designated growth center, except  for a project that has at least three units of affordable housing as defined in this chapter and subject to the provisions of subdivision (1)(B)(ii) of this subsection, mitigation shall be provided on site in order to preserve primary agricultural soils for present and future agricultural use, with special emphasis on preserving prime agricultural soils. Preservation of primary agricultural soils shall be accomplished through innovative land use design resulting in compact development patterns which will maintain a sufficient acreage of primary agricultural soils on the project tract capable of supporting or contributing to an economic or commercial agricultural operation and shall be enforceable by permit conditions issued by the district commission. The number of acres of primary agricultural soils to be preserved shall be derived by:

* * *

Thereupon, Rep. Livingston of Manchester asked and was granted leave of the House to withdraw her amendment and 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, 79.  Nays, 61.

 

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

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

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

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

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

Canfield of Fair Haven

Clark of Vergennes

Condon of Colchester

Corcoran of Bennington

Crawford of Burke

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Evans of Essex

Fitzgerald of St. Albans City

Flory of Pittsford

Grenier of St. Johnsbury

Helm of Castleton

Howard of Rutland City

Hube of Londonderry

Johnson of South Hero

Keenan of St. Albans City

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Lawrence of Lyndon

Lewis of Derby

Livingston of Manchester

Manwaring of Wilmington

Marcotte of Coventry

Martin of Wolcott

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Potter of Clarendon

Rodgers of Glover

Scheuermann of Stowe

Sharpe of Bristol

Stevens of Shoreham

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:


Clerkin of Hartford

Frank of Underhill

Godin of Milton

Howrigan of Fairfield

Johnson of Canaan

Larrabee of Danville

LaVoie of Swanton

Miller of Shaftsbury

Turner of Milton


 

     Rep. Errecart of Shelburne explained her as follows:

“Madam Speaker:

     This bill probably won’t hurt the few lucky Vermonters who received subsidized housing funded with scarce taxpayer dollars, and the few lucky Vermonters who are wealthy enough to build their mansions on 10 acres.  This bill will hurt low and middle income Vermonters who need decent housing that they can afford.  I must vote no.”

     Rep. Klein of East Montpelier explained his as follows:

“Madam Speaker:

     I vote yes to a thoughtful and balanced program to assist development of affordable housing without compromising Vermont’s natural resources.  Vermont is about housing and conservation NOT housing versus conservation.  H. 863 continues our long history of thoughtful development.”

     Rep. Leriche of Hardwick explained her as follows:

“Madam Speaker:

     H. 863 provides incentives for builders and municipalities to join the effort in creating more affordable housing for the middle-income working Vermonters.  I voted yes, because Vermont is not a gated community.”

     Rep. Trombley of Grand Isle explained his as follows:

“Madam Speaker:

     This bill helps create affordable and moderate housing, where communities want housing.  It will help builders at a time of economic need.  It helps working families.  It is a historic step for housing in Vermont.”

     Rep. Barnard of Richmond explained her as follows:

“Madam Speaker:

     I would like to explain the reasons for my "belly-aching" and my no vote regarding this bill, H.863. Like most of us here, when I review a piece of proposed legislation, one of the first things I consider is how it will affect the community and constituents that I specifically represent here. It is what I found when considered H.863 and what it would provide, or more specifically what it would NOT provide, for Richmond that has caused my belly aching.

     Let me be specific. Richmond does meet the many filters that are required of communities in this bill to apply for a VT Neighborhood designation: we have zoning, subdivision, an approved town plan and we host a designated Village Center. Clearly, Richmond is a community that takes planning for growth seriously and values our traditional village center. We know that in order for our village to remain economically robust we need people to live in or nearby it. In fact, a few years ago we approved the development of a new homeownership development (Church Street) with moderately priced homes within our village center. And people want more similar housing options within or nearby the village.

     The problem with this bill is that it would make incremental changes to regulations that pertain to affordable housing, but, not address, in a meaningful way, the market forces that are driving the costs  of all housing.  This bill makes no attempt to go there.”

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 the Senate has considered a bill originating in the House of the following title:

H. 875.  An act relating to the sale of real property or transmissions facilities by certain regulated generators of electricity.

And has passed the same in concurrence.

Recess

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

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

Third Reading; Bills Passed; Rules Suspended

and Bills Messaged to Senate Forthwith

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

 

H. 203

House bill, entitled

     An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will;

H. 306

House bill, entitled

An act relating to telemarketing;

H. 331

House bill, entitled

An act relating to financing the purchase of a mobile home;

H. 588

House bill, entitled

     An act relating to property loaned to museums.

     On motion of Rep. Adams of Hartland, the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Bill Read Third Time and Passed

H. 616

House bill, entitled

An act relating to farm-fresh milk;

Was taken up and pending third reading of the bill, Rep. McAllister of Highgate moved to amend the bill as follows:

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

Sec. 1.  6 V.S.A. § 2723(3) is amended to read:

(3)  A person who produces and sells or offers for sale less than 25 50 quarts of milk in any one day, but in such case an inspection may shall be made pursuant to section 2742 of this chapter and reasonable sanitary requirements regulations adopted by the secretary pursuant to section 2701 of this chapter shall be complied with.

Second:  By inserting a new section, to be Sec. 2, to read as follows:

Sec. 2.  6 V.S.A. § 2742 is amended to read:

§ 2742. DAIRY FARMS

Before a dairy farm may sell or offer for sale, milk to a handler, or to the general public and at least once twice a year thereafter, the secretary shall inspect or cause to be inspected all dairy farms as to their premises, equipment, dairy animals, procedures and sanitation conditions.  He The secretary may enter into reciprocal agreements with or accept the inspection reports of appropriate dairy sanitation agencies of other states, municipalities or the federal government in lieu of inspection by the secretary, provided their standards and administration are substantially equal to the standards established by the secretary under the provisions of this part.  All milk producers shall comply with state-federal-cooperative livestock disease control and/or and eradication programs.

and by renumbering the remaining section to be numerically correct

Which was disagreed to on a Division Vote.  Yeas, 27.  Nays, 49.

Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass?  Rep. McAllister of Highgate 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, 124.  Nays, 16.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ancel of Calais

Anderson of Montpelier

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Cheney of Norwich

Clark of Vergennes

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Crawford of Burke

Davis of Washington

Devereux of Mount Holly

Donaghy of Poultney

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

French of Randolph

Gervais of Enosburg

Grad of Moretown

Grenier of St. Johnsbury

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hube of Londonderry

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keogh of Burlington

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larson of Burlington

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lewis of Derby

Lippert of Hinesburg

Livingston of Manchester

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marcotte of Coventry

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Milkey of Brattleboro

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Orr of Charlotte

Otterman of Topsham

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Peaslee of Guildhall

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Valliere of Barre City

Westman of Cambridge

Weston of Burlington

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Ainsworth of Royalton

Allard of St. Albans Town

Andrews of Rutland City

Baker of West Rutland

Branagan of Georgia

Brennan of Colchester

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Gilbert of Fairfax

Helm of Castleton

Keenan of St. Albans City

Larocque of Barnet

McAllister of Highgate

Ojibway of Hartford

Pugh of S. Burlington


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


Clerkin of Hartford

Deen of Westminster

Frank of Underhill

Godin of Milton

Johnson of Canaan

Larrabee of Danville

LaVoie of Swanton

Miller of Shaftsbury

Turner of Milton


 

     Rep. Branagan of Georgia explained her vote as follows:

“Madam Speaker:

     This bill has the potential of crating a devastating human health incident that could injure t he Vermont dairy industry permanently.”

     Rep. Donahue of Northfield explained her vote as follows:

“Madam Speaker:

     I’m not an expert in many areas that come before this body.  When members I trust who are dairy farmers think it’s a bad idea without inspections, I vote no.”

 

     Rep. Koch of Barre Town explained his vote as follows:

“Madam Speaker:

     I vote yes on this bill in support of consumer choice.  I just wish this House were also supportive of the concept of choice in other areas, such as education and health care.”

     Rep. Zuckerman of Burlington explained his vote as follows:

“Madam Speaker:

     If it was so devastatingly dangerous, where were the amendments to eliminate the exemption altogether?”

Third Reading; Bills Passed; Rules Suspended

and Bills Messaged to Senate Forthwith

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

H. 700

House bill, entitled

     An act relating to sale of  bottles of wine at festivals.

H. 704

House bill, entitled

     An act relating to notices of transfer of policies to an affiliate proved by an insurer.

H. 764

House bill, entitled

     An act relating to expanded eligibility for Vermont Veterans’ Medal.

H. 776

     An act relating to computation of the basic needs budget and the livable wage.

H. 777

House bill, entitled

     An act relating to the certificate of need program.

H. 783

House bill, entitled

     An act relating to home improvement fraud.

H. 809

House bill, entitled

     An act relating to requiring annual fire safety inspections for approved independent residential schools.

H. 879

House bill, entitled

An act relating to the repeal of unnecessary, duplicative, and burdensome reports; the improved timeliness and efficiency of special education audits; and the simplification of union school district formation.

H. 880

House bill, entitled

An act relating to the Vermont pension investment committee.

H. 881

House bill, entitled

An act relating to the role of electric and gas utilities in facilitating the deployment of communications facilities throughout the state.

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

Bill Read Second Time; Third Reading Ordered

H. 883

Rep. Atkins of Winooski spoke for the committee on Government Operations.

House bill entitled

An act relating to miscellaneous amendments to Vermont’s public retirement system;

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

Bill Read Second Time; Third Reading Ordered

H. 884

Rep. Kilmartin of Newport City spoke for the committee on Education.

House bill entitled

An act relating to ensuring quality in prekindergarten education programs offered by or through school districts;

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

Bill Read Second Time; Third Reading Ordered

H. 885

Rep. Botzow of Pownal spoke for the committee on Commerce.

House bill entitled

An act relating to developing consistent measurement standards for economic growth;

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

Bill Amended; Third Reading Ordered

H. 436

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

An act relating to discussion of ballot items at town meeting;

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

Sec. 1.  17 V.S.A. § 2456 is amended to read:

§ 2456.  DISQUALIFICATIONS

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk,

clerk-treasurer, ward clerk, or inspector of elections.  When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.  For the purpose of this section, "clerk-treasurer" means a person who is a candidate for the offices of town clerk and town treasurer at the same time.

Sec. 2.  17 V.S.A. § 2494 is amended to read:

§ 2494.  CONSTRUCTION WITH OTHER LAWS

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be applicable.  The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes registered on voting machines.  In towns using voting machines, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties, solely for the purpose of checking voters who voted by early voter absentee ballot off the checklist and depositing the ballots into the ballot box or voting machine.  If all early voter absentee ballots have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

Sec. 3.  17 V.S.A. § 2640(c) is amended to read:

(c)  In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system, Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted on that day at the annual meeting, regardless of the location of the polling place.

Sec. 4.  17 V.S.A. § 2664 is amended to read:

§ 2664.  BUDGET

A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights.  It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses.  If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectmen selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted.  The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in the town budget.  The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Sec. 5.  17 V.S.A. § 2680(g) is amended to read:

(g)  Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.  The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used.  The hearing under this subsection may be held in conjunction with the meeting held under subsection 2640(c), in which case the moderator shall preside.

Sec. 6.  24 V.S.A. § 871 is amended to read:

§ 871.  ORGANIZATION OF SELECTMEN SELECTBOARD;

     APPOINTMENTS

Forthwith after their election and qualification, the selectmen selectboard shall organize and elect a chairman chair and, if so voted, a clerk from among their number, and file a certificate of such election for record in the office of the town clerk.  Such selectmen shall The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may thereupon appoint from among the legally qualified voters the following officers who shall serve until their successors are appointed and qualified, and shall certify such appointments to the town clerk who shall record the same:

(1)  Three fence viewers;

(2)  A poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;

(3)  One or more inspectors of lumber, shingles and wood; and

(4)  One or more weighers of coal; and

(5)  A tree warden.

Sec. 7.  24 V.S.A. § 1535(a) is amended to read:

(a)  The board may abate in whole or part taxes, interest, and or collection fees, other than those arising out of a corrected classification of homestead or nonresidential property, accruing to the town in the following cases:

* * *

Sec. 8.  24 V.S.A. § 4442(c) is amended to read:

(c)  Routine adoption.

(1)  A bylaw, amendment, or repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, amendment, or repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.

(2)  However, a rural town with a population of fewer than 2,500 persons, by action of the legislative body or by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue.  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.

Sec. 9.  32 V.S.A. § 1671(a)(6) is amended to read:

(6)  Notwithstanding any other provision of law to the contrary, for the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $8.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $8.00 shall be charged;

Sec. 10.  32 V.S.A. § 4774(b) is amended to read:

(b)(1)  The treasurer or collector shall deposit to the general fund any tax overpayment by a taxpayer who has paid by mail or electronic fund transfer, provided that:

(1)(A)  the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and

(2)(B)  the overpayment amount is $2.00 $10.00 or less.

(2)  If the taxpayer requests refund of such an overpayment within one year of payment, the treasurer or collector shall refund it.

Sec. 11.  32 V.S.A. § 5137 is amended to read:

§ 5137. RECORDING DELINQUENT PAYMENTS

A collector of taxes for a town or municipality within it shall receipt for every payment made to the collector on account of delinquent taxes.  Such receipt shall be written in triplicate in a bound book or other permanent record purchased at the expense of the municipality and shall indicate the date of the payment, the name of the person making the payment, the name of the person against whom was assessed the tax on which the payment is to be applied, the year in which such tax was assessed and if a partial payment on an annual tax bill, whether applied on poll, personal property or real estate taxes.  Such collector shall detach and deliver the original receipt forthwith to the person making the payment and one copy thereof within 30 days to the town clerk who shall keep such copy on file.  Such collector shall purchase at the expense of the municipality for which the collector is acting a sufficient number of such bound triplicate receipt books having the sets of originals and copies consecutively numbered.  Annually, on or before February 5, the collector shall deliver to the auditors of each municipality for which the collector is acting all such bound volumes in which entries pertaining to such municipality have been made during the year ending January 31 next preceding, and the auditors shall audit the books forthwith and after the completion of audit shall return such books to such collector.

and that upon passage, the title of the bill shall read:

“AN ACT RELATING TO MISCELLANEOUS AMENDMENTS TO LOCAL ELECTION AND MUNICIPAL GOVERNMENT LAWS

Was taken up and read the second time.

Pending the question. Shall the House amend the bill as recommended by the committee on Government Operations? Rep. Martin of Wolcott moved to amend the report of the committee on Government Operations as follows:

First:  In Sec. 1, in the first sentence, after “town clerk,” by inserting “treasurer,

Second:  By striking Sec. 7 in its entirety and renumbering the remaining sections to be numerically correct

Which was agreed to.

     Pending the question. Shall the House amend the bill as recommended by the committee on Government Operations, as amended?  Rep. Branagan of Georgia moved to amend the report of the committee on Government Operations, as amended, as follows:

By adding a new Sec. 1 a to read as follows:

Sec. 1a.  17 V.S.A. § 2402(d) is amended to read:

(d) A statement of nomination and a completed and signed consent form shall be filed not later sooner than the time for filing the statements petitions prescribed in section 2386 2356 of this title and not later than the time for filing the statements prescribed in section 2386 of this title. No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.

     Which was agreed to and the recommendation of amendment offered by the committee on Government Operations, as amended, was agreed to and third reading was ordered.

Bill Amended, Read Third Time and Passed

H. 617

House bill, entitled

An act relating to guardianships;

Was taken up and pending third reading of the bill, Rep. Jewett of Ripton moved to amend the bill as follows:

First: in Sec.1, 14 V.S.A., by striking § 3060 and inserting in lieu thereof a new § 3060 to read as follows:

§ 3060.  POLICY

Guardianship for mentally disabled persons shall be utilized only as necessary to promote the well‑being of the individual and to protect the individual from violations of his or her human and civil rights.  It shall be designed to encourage the development and maintenance of maximum self‑reliance and independence in the individual and only the least restrictive form of guardianship shall be ordered only to the extent required by the individual’s actual mental and adaptive limitations.  The state of Vermont recognizes the fundamental right of an adult with capacity to determine the extent of health care the individual will receive.

Second: in Sec.1, 14  V.S.A.§ 3061, by adding new subdivisions (10), (11), and (12) to read a follows:

(10)  "Capacity to make medical decisions" means an individual's ability to make and communicate a decision regarding proposed health care based upon having a basic understanding of the diagnosed condition and the benefits, risks, and alternatives to the proposed health care.

(11)  "Informed consent" means the consent given voluntarily by an individual with capacity after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care.

(12)  “Assent” means a communication by a person under guardianship that a proposed health care decision by his or her guardian is consistent with his or her preferences, when that person has been found to lack the capacity to provide informed consent.

Third: in Sec.1, 14  V.S.A., by striking § 3074 in its entirety and inserting in lieu thereof a new § 3074 to read as follows:

§ 3074.  INSTITUTIONALIZATION OF MENTALLY DISABLED PERSONS COMMITMENT, STERILIZATION, INVOLUNTARY TREATMENT, AND INVOLUNTARY MEDICATION

Nothing in this chapter shall give the guardian of a ward person authority to:

(1) place that person in a state school or hospital except pursuant to section 7601 et seq. of Title 18 or section 8801 et seq. of Title 18 a unit of an inpatient hospital which is locked to prevent involuntary patients from eloping, including the Vermont state hospital or any psychiatric unit of a designated hospital as defined under 18 V.S.A. § 7101(4), except as provided in subsection 3075(h) of this title.

(2)  consent to an involuntary treatment or medication petition pursuant to chapter 181 of Title 18.

(3)  consent to sterilization or to a petition for involuntary sterilization pursuant to chapter 204 of Title 18.

(4) consent to a petition for custody, care, or habilitation filed pursuant to chapter 206 of Title 18.

Fourth: in Sec.1, 14 V.S.A., by striking section § 3075 in its entirety and inserting in lieu thereof a new § 3075 to read as follows:

§ 3075.  CONSENT FOR MEDICAL OR DENTAL TREATMENT

(a)  When a ward whose right to consent to surgery or other medical procedure has not been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the treating physician shall determine if the person’s physical condition is such that the person has sufficient capacity to make a responsible decision.  If the person has such capacity, his informed consent shall be obtained before such surgery or medical procedure is performed.  In such cases, the ward’s consent shall be determinative and no other consent is necessary A person under guardianship retains the right to make medical and dental decisions unless that right has been restricted pursuant to subdivision 3069(c)(2) of this title.

(b)  When a ward whose right to consent to surgery or other medical procedures has been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the guardian may give such consent upon the advice of the treating physician and after obtaining permission of the probate court, after hearing, upon such notice as the court may direct. A person whose right to make medical decisions has been restricted pursuant to subdivision 3069(c)(2) of this section who has the capacity to make a specific medical decision retains the right to make that decision.

(c)  Unless an advance directive or the authority of an agent is expressly revoked or modified by the court pursuant to section 9718 of Title 18, the advance directive of a person under guardianship shall remain in effect, and the agent shall have sole authority to make health care decisions for the person under guardianship pursuant to chapter 231 of Title 18. 

(d)  If there is no agent named in the advance directive, or if the office of agent is vacant, the guardian shall follow the instructions contained in the advance directive.

(e)  For a person whose right to consent to medical or dental procedures has been restricted pursuant to subdivision 3069(b)(2) of this title, the guardian may give or withhold consent pursuant to this section and subject to any constitutional right of the person under guardianship to refuse treatment.

(f)  Consent to the procedure shall be given or withheld consistent with the manner in which the person under guardianship would have given or withheld consent, provided there is sufficient information concerning the person’s wishes.  In making this determination, the guardian and the court in reviewing a guardian’s decision under this section shall:

(1)  rely on written and oral expressions of the person under guardianship;

(2)  rely on available information concerning the wishes, values, beliefs, and preferences of the person under guardianship if the person’s written and oral expressions do not provide sufficient information; and

(3)  follow the best interests of the person under guardianship if subdivisions (1) and (2) of this subsection are inapplicable.  No decision to withhold or abate medical treatment will be based solely on the age, economic level, or level of disability of the person under guardianship.

(g)(1)  The guardian shall obtain prior written approval by the probate court following notice and hearing:

(A)  if the person under guardianship objects to the guardian’s decision, on constitutional grounds or otherwise;

(B)  if the court orders prior approval for a specific surgery, procedure, or treatment, either in its initial order pursuant to subdivision 3069(c)(2) of this title or anytime after appointment of a guardian;

(C)  except as provided in subdivision (2) of this subsection, and unless the guardian is acting pursuant to an advance directive, before withholding or withdrawing life-sustaining treatment other than antibiotics; or

(D)  unless the guardian is acting pursuant to an advance directive, before consenting to a do-not-resuscitate order unless a clinician as defined in subdivision 9701(5) of Title 18 certifies that an attempt to resuscitate would not prevent death and that the person under guardianship is likely to experience cardiopulmonary arrest before court approval can be obtained.  The guardian shall obtain the clinician’s certification prior to consenting to the

do-not-resuscitate order and shall file the clinician’s certification with the court after consent has been given.

(2)  The requirements of subdivision (1)(C) of this subsection shall not apply if obtaining a court order would be impracticable due to the imminent death of the person under guardianship.

(h)  A guardian may consent to admission of a person under guardianship to a unit of an inpatient hospital which is locked to prevent involuntary patients from eloping, including the Vermont state hospital or any psychiatric unit of a designated hospital as defined under 18  V.S.A. § 7101(4), only if the person under guardianship assents, as evidenced by:

(1)  assent in writing on the admission consent form; and

(2)  a hospital witness’ signature that includes the affirmation that an explanation was provided to the person that his or her inpatient treatment will include admission to a locked unit where only a physician can decide when the patient can be discharged, that the person was informed that the person has the right to a court hearing to object to specific treatments, that the person expressed the desire to be admitted, and that the person assented to admission voluntarily, without any coercion or duress.

(i)  The procedures in chapter 181 of Title 18 shall be the exclusive mechanism:

(1)  For admission to inpatient psychiatric care when the person under guardianship has not voluntarily assented to the admission under subsection (h) of this section.

(2)  To obtain approval for administration of nonemergency involuntary psychiatric medication to a person under guardianship.

Which was agreed to.  Thereupon, the bill was read the third time and passed.

Rules Suspended; 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. 617

House bill, entitled

An act relating to guardianships;

H. 616

House bill, entitled

An act relating to farm-fresh milk;

H. 863

House bill, entitled

An act relating to creation and preservation of affordable housing and smart growth development;

H. 871

House bill, entitled

An act relating to professional requirements for the deputy attorney general, assistant attorneys general, probate judges, deputy state’s attorneys, constables and sheriffs.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Dennise Casey, Secretary of Civil and Military Affairs, as follows:

Madam Speaker:

I am directed by the Governor to inform the House that on the nineteenth day of March, 2008, he approved and signed a bill originating in the House of the following title:

H. 580    An act relating to terms of members of the Vermont tobacco evaluation and review board

Message from the Senate No. 39

     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 that the Senate has on its part passed Senate bill of the following title:

S. 168.  An act relating to operating a motor vehicle under the influence of alcohol or drugs.

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

Adjournment

At four o’clock and thirty minutes in the afternoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 



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The Vermont General Assembly
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Montpelier, Vermont


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