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House Calendar
Friday, January 24, 2014
18th DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 a.m.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 350
The posting of medical unprofessional conduct decisions and to
investigators of alleged unprofessional conduct ............................................ 157
H. 596
The conversion of assets of a nonprofit hospital ............................... 157
H. 655
Fiscal year 2014 budget adjustments ................................................. 157
Rep. Heath Amendment ................................................................................ 157
Rep. Ellis Amendment ................................................................................... 157
Favorable with Amendment
H. 577
Ski tramways ..................................................................................... 158
Rep. Kitzmiller for Commerce and Economic Development
Favorable
H. 583
The charge of the Vermont Child Poverty Council ........................... 159
Rep. Krowinski for Human Services
NOTICE CALENDAR
Favorable with Amendment
H. 356
Prohibiting littering in or on the waters of the State ......................... 159
Rep. Terenzini for Fish, Wildlife and Water Resources
Favorable
H. 601
Assistance from the petroleum cleanup fund for aboveground storage
tanks ............................................................................................................... 162
Rep. Deen for Fish, Wildlife and Water Resources
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 350
An act relating to the posting of medical unprofessional conduct decisions and
to investigators of alleged unprofessional conduct
H. 596
An act relating to the conversion of assets of a nonprofit hospital
H. 655
An act relating to fiscal year 2014 budget adjustments
Amendment to be offered by Rep. Heath of Westford to H. 655
In Sec. 71, by striking out the figure “$3,400,000” and inserting in lieu
thereof the figure “$2,400,000”
Amendment to be offered by Rep. Ellis of Waterbury to H. 655
By adding a new section to be numbered 82a to read as follows
Sec.
82a.
30 V.S.A. § 8015 is amended to read:
§ 8015.
VERMONT CLEAN ENERGY DEVELOPMENT FUND
* * *
(c)
Purposes of Fund.
The purposes of the Fund shall be to promote the
development and deployment of cost-effective and environmentally sustainable
electric power and thermal energy or geothermal resources for the long-term
benefit of Vermont consumers, primarily with respect to renewable energy
resources, and the use of combined heat and power technologies.
The Fund
also may be used to support natural gas and electric vehicles in accordance
with subdivision (d)(1)(K) of this section.
The General Assembly expects and
intends that the Public Service Board, Public Service Department, and the
State’s power and efficiency utilities will actively implement the authority
granted in this title to acquire all reasonably available cost-effective energy
efficiency resources for the benefit of Vermont ratepayers and the power
system.
(d)
Expeditures authorized.
* * *
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(J)
effective projects that are not likely to be established in the
absence of funding under the program; and
(K)
natural gas vehicles and associated fueling infrastructure if each
such vehicle is dedicated only to natural gas fuel and, on a life cycle basis, the
vehicle's emissions will be lower than commercially available vehicles using
other
fossil
fuel,
and
any
such
infrastructure
will
deliver
gas
without
interruption of flow;
(L)
electric vehicles and associated charging stations.
* * *
Favorable with Amendment
H. 577
An act relating to ski tramways
Rep. Kitzmiller of Montpelier,
for the Committee on
Commerce and
Economic Development,
recommends the bill be amended by striking all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1.
31 V.S.A. § 707 is amended to read:
§ 707.
REGISTRATION AND FEES
(a)
A passenger tramway shall not be operated in this state State unless the
operator thereof has been registered by the department Department.
On or
before the 1st first day of November in each year, every operator of a
passenger tramway shall apply to the department Department on forms
prepared by it for registration hereunder.
The application shall contain such
information
as
the department Department may
require
and
shall
be
accompanied by a registration fee, according to the formula stated in this
section, unless an alternate payment plan is approved by the Commissioner
pursuant to subsection (f) of this section.
The department Department shall
assess total registration fees in the sum of the amount approved in the
appropriations process for the program for that fiscal year, adjusted by any
balance in the passenger tramway special fund Passenger Tramway Special
Fund from the prior fiscal year.
* * *
(f)
Fee-due-state payment plans.
The Commissioner has discretion to
authorize a tramway operator to enter a payment plan to pay some or all of the
fee-due-state after November 1 upon a showing of financial need.
The
authorization and terms of any payment plan shall be in writing and set a date
or dates for payment, provided that the total amount of the fee-due-state shall
be paid no later than January 15.
Failure to pay on November 1 or pursuant to
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an authorized plan may subject the operator to the penalties established in
section 712 of this title.
Sec. 2.
31 V.S.A. § 712 is amended to read:
§ 712.
PENALTIES
(a)
Operating without registration passing inspection.
Any operator who
operates a passenger tramway without being registered first passing the annual
inspection by the department Department shall be fined not more than $50.00
$1,000.00 for each day of operation.
(b)
Operating without paying fee-due-state.
Any operator who operates a
passenger tramway without paying the fee-due-state as provided in section 707
of this title shall be fined not more than $50.00 for each day of operation.
(c)
After suspension.
Any person who operates a passenger tramway after
being ordered to cease operations shall be fined not more than $100.00
$5,000.00 for each day of illegal operation.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
Favorable
H. 583
An act relating to the charge of the Vermont Child Poverty Council
Rep. Krowinski of Burlington
, for the Committee on
Human Services,
recommends the bill ought to pass.
( Committee Vote: 9-0-2)
NOTICE CALENDAR
Favorable with Amendment
H. 356
An act relating to prohibiting littering in or on the waters of the State
Rep. Terenzini of Rutland Town,
for the Committee on
Fish, Wildlife &
Water Resources,
recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
24 V.S.A. § 2201 is amended to read:
§ 2201.
THROWING, DEPOSITING, BURNING, AND DUMPING
REFUSE; PENALTY; SUMMONS AND COMPLAINT
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(a)(1)
Prohibition.
Every person shall be responsible for proper disposal
of his or her own solid waste.
A person shall not throw, dump, deposit, cause,
or permit to be thrown, dumped, or deposited any solid waste as defined in
10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing:
(A)
in or on the waters of the State, including frozen waters, or on the
shores or banks of waters of the State in a manner as to be subject to being
washed in the main stream or body of water under normal high water
conditions, unless the person has a permit under 10 V.S.A. chapter 47 to
discharge waste; or
(B)
outside a solid waste management facility certified by the
Agency of Natural Resources.
(2)
It shall be prima facie evidence that a person who is identifiable
from an examination of illegally disposed solid waste is the person who
violated a provision of this section.
(2)(3)
No person shall burn or cause to be burned in the open or
incinerate in any container, furnace, or other device any solid waste without:
(A)
first having obtained all necessary permits from the Agency of
Natural
Resources,
the
district
environmental
commission,
and
the
municipality where the burning is to take place; and
(B)
complying with all relevant State and local regulations and
ordinances.
(b)
Prosecution of violations.
A person who violates a provision of this
section commits a civil violation and shall be subject to a civil penalty of not
more than $500.00.
This violation shall be enforceable in the Judicial Bureau
pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be
brought by a municipal attorney, solid waste management district attorney,
environmental enforcement officer employed
by the Agency of Natural
Resources, grand juror, or designee of the legislative body of the municipality,
or by any duly authorized law enforcement officer.
If the throwing, placing, or
depositing was done from a snowmobile or a motor vehicle, except a motor
bus, it shall be prima facie evidence that the throwing, placing, or depositing
was done by the driver of such the snowmobile or motor vehicle.
If the
throwing, placing, or depositing was done from a vessel, it shall be prima facie
evidence that the throwing, placing, or depositing was done by the operator of
the vessel.
Nothing in this section shall be construed as affecting the operation
of an automobile graveyard or salvage yard as defined in section 2241 of this
title, nor shall anything in this section be construed as prohibiting the
installation and use of appropriate receptacles for solid waste provided by the
State or towns.
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(c)
Roadside cleanup; shoreland or river cleanup.
A person found in
violation of this section may be assigned to spend up to 80 hours collecting
trash or litter from a specified segment of roadside or from a specified area of
public property or from shorelands or river corridors, as those terms are
defined in 10 V.S.A. § 1422.
(d)
Revocation of motor vehicle operator’s license.
The Commissioner of
Motor Vehicles shall suspend the motor vehicle operator’s license or operating
privilege of a person found in violation of this section for a period of ten days
if the person fails to pay the penalty set forth in subsection (b) of this section.
If the person that fails to pay the penalty set forth in subsection (b) violated this
section while operating a vessel, the Commissioner of Motor Vehicles shall
suspend that person’s certificate of boating education that is required by
23 V.S.A. § 3305b for a period of ten days.
This provision shall not apply if
the only evidence of violation is the presumption set forth in subsection (b) of
this section.
The Bureau shall immediately notify the Commissioner of Motor
Vehicles of the entry of judgment.
(e)
Revocation of hunting or fishing license.
The Commissioner of Fish
and Wildlife shall revoke the privilege of a person found in violation of this
section from holding a hunting or fishing license, or both, for a period of one
year from the date of the conviction, if the person fails to pay the penalty set
forth in subsection (b) of this section.
The Bureau shall immediately notify the
Commissioner of Fish and Wildlife of the entry of judgment.
(f)
[Deleted.]
[Repealed.]
(g)
Amendment of complaint.
A person authorized to enforce this section
may amend or dismiss a complaint issued by that person by marking the
complaint and returning it to the Judicial Bureau.
At the hearing, a person
authorized to enforce this section may amend or dismiss a complaint issued by
that person, subject to the approval of the hearing judge.
(h)
[Deleted.]
[Repealed.]
(i)
Applicability.
Enforcement actions taken under this section shall in no
way preclude the Agency of Natural Resources, the Attorney General, or an
appropriate State prosecutor from initiating other or further enforcement
actions under the civil, administrative, or criminal enforcement provisions of
10 V.S.A. chapter 23, 47, 159, 201, or 211.
To the extent that enforcement
under this section is by an environmental enforcement officer employed by the
Agency of Natural Resources, enforcement under this section shall preclude
other enforcement by the agency Agency for the same offence.
(j)
Definitions.
As used in this section:
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(1)
“Motor vehicle” shall have the same meaning as in 23 V.S.A.
§ 4(21).
(2) “Snowmobile” shall have the same meaning as in 23 V.S.A. § 3801.
(3) “Vessel” means motor boats, boats, kayaks, canoes, sailboats, and all
other types of watercraft.
(4) “Waters” shall have the same meaning as in 10 V.S.A. § 1251(13).
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-0)
Favorable
H. 601
An act relating to assistance from the petroleum cleanup fund for
aboveground storage tanks
Rep. Deen of Westminster
, for the Committee on
Fish, Wildlife & Water
Resources,
recommends the bill ought to pass.
( Committee Vote: 8-0-1)
Public Hearings
January 28, 2014 - Room 11 - 6:00-8:00 PM - Current Use - Senate Special
Committee on Current Use
January 30, 2014 - Room 11 – 5:00-7:00 PM - S. 287 Involuntary Treatment
and Medication - Senate Judiciary and Health and Welfare
Monday, February 10, 2014, 4:00 - 6:30 p.m. –
The House and Senate
Committees on Appropriations will hold a joint public hearing on Vermont
Interactive Technologies (V.I.T.) to give Vermonters throughout the state an
opportunity to express their views about the state budget for fiscal year 2015.
All 13 V.I.T. sites will be available for the hearing: Bennington, Brattleboro,
Johnson, Lyndonville, Middlebury, Montpelier, Newport, Randolph
Center, Rutland, Springfield, St. Albans, White River Junction and Williston.
V.I.T.'s web site has an up-to-date location listing, including driving directions,
addresses and telephone numbers,
http://www.vitlink.org/
.
The budget hearing will be VIEWABLE via the Internet if your computer has
Flash-based streaming capabilities. Some mobile devices may require
additional software.
Go to
www.vitlink.org/streamingmedia/vtcvitopen.php
.
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The Governor’s budget proposal can be viewed at the Department of Finance’s
website:
http://finance.vermont.gov/state_budget/rec
. For information about the
format of this event or to submit written testimony, call the House
Appropriations Committee office at 802/828-5767 or email
tutton@leg.state.vt.us
. Requests for interpreters should be made to the office
by 3:00 p.m. on Monday, January 27, 2014.
February 6, 2014 - House Chamber – 6:00-8:00pm - H112 GMO Labeling –
Senate Agriculture and Senate Judiciary
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of
Representatives, during the second year of the biennium, except with the prior
consent of the Committee on Rules, no member may introduce a bill into the
House drafted in standard form after the last day of January.
In order to meet this deadline all sign out sheets must be returned to
Legislative Council by the close of business, Tuesday, January 28, 2014.
Pursuant to Rule 40(c) during the second year of the biennium, except with
the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.