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House Calendar
Wednesday, February 05, 2014
30th DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 260
Insurance notices by electronic means .............................................. 434
Favorable with Amendment
H. 578
Administering State funds for loans to individuals for replacement of
failed wastewater systems and potable water supplies .................................. 434
Rep. Carr for Commerce and Economic Development
Favorable
H. 612
Gas Pipeline Safety Program penalties ............................................. 436
Rep. Bouchard for Commerce and Economic Development
NOTICE CALENDAR
Favorable with Amendment
H. 62
Prohibiting the handheld use of a portable electronic device while
driving ............................................................................................................ 436
Rep. Koch for Judiciary
J.R.H. 14
Requesting the United States Congress to pass the Homeowners
Flood Insurance Affordability Act ................................................................ 439
Rep. Marcotte for Commerce and Economic Development
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 260
An act relating to insurance notices by electronic means
Favorable with Amendment
H. 578
An act relating to administering State funds for loans to individuals for
replacement of failed wastewater systems and potable water supplies
Rep. Carr of Brandon,
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.
24 V.S.A. § 4753 is amended to read:
§ 4753.
REVOLVING LOAN FUNDS; AUTHORITY TO SPEND; REPORT
(a)
There is hereby established a series of special funds to be known as:
* * *
(10)
The Vermont Wastewater and Potable Water Revolving Loan Fund
which shall be used to provide loans to individuals, in accordance with section
4763a 4763b of this title, for the design and construction of repairs to or
replacement of wastewater systems and potable water supplies when the
wastewater system or potable water supply is a failed system or supply as
defined in 10 V.S.A. § 1972.
The amount of $275,000.00 from the fees
collected pursuant to 3 V.S.A. § 2822(j)(4) shall be deposited on an annual
basis into this Fund.
(b)
Each of such funds shall be established and held separate and apart
from any other funds or moneys of State and shall be used and administered
exclusively for the purpose of this chapter with the exception of transferring
funds from the Vermont Drinking Water Planning Loan Fund and the Vermont
Drinking Water Source Protection Fund to the Vermont Environmental
Protection Agency (EPA) Drinking Water State Revolving Fund, and from the
Vermont Pollution Control Revolving Fund to the Vermont Environmental
Protection Agency (EPA) Pollution Control Revolving Fund, when authorized
by the Secretary.
These funds shall be administered by the Bond Bank on
behalf of the State, except that:
the fund Fund shall be administered by VEDA
concerning loans to privately owned water systems under subdivision (a)(3) of
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this section; and the Fund may be administered by a community development
credit union, as that term is defined in 8 V.S.A. § 30101(3) or another financial
institution, as that term is defined in 8 V.S.A. § 11101, that is contracted with
by the State for the purpose of providing loans to individuals for failed
wastewater systems and potable water supplies under subdivision (a)(10) of
this section.
The funds shall be invested in the same manner as permitted for
investment of funds belonging to the State or held in the Treasury.
The funds
shall consist of the following:
(1)
Such sums as may be appropriated or transferred thereto from time
to time by the General Assembly, the State Emergency Board or the Joint
Fiscal Committee during such times as the General Assembly is not in session.
(2)
Principal and interest received from the repayment of loans made
from each of such funds.
(3)
Capitalization grants and awards made to the State by the United
States of America for any of the purposes for which such funds have been
established.
(4)
Interest earned from the investment of fund balances.
(5)
Private gifts, bequests, and donations made to the State for any of the
purposes for which such funds have been established.
(6)
Other funds from any public or private source intended for use for
any of the purposes for which such funds have been established.
* * *
Sec. 2.
24 V.S.A. § 4757 is amended to read:
§ 4757.
REVOLVING LOAN FUNDS; ADDITIONAL USES
In addition to providing a source of funds from which loans may be made to
municipalities under this chapter, each fund created under section 4753 of this
chapter may be used for one or more of the following purposes:
(1)
to make loans, to refund bonds or notes of a municipality issued after
March 7, 1985 for sewerage works, or after July 1, 1993 for water supply
systems
for
the
purpose
of
financing
the
construction
of
any
capital
improvements or management program described in section 4753 and certified
under section 4756 of this title;
(2)
to guarantee or insure, directly or indirectly, the payment of notes or
bonds issued or to be issued by a municipality for the purpose of financing the
construction of any capital improvement or management program described in
section 4754 of this title and certified under section 4756;
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(3)
to guarantee or insure, directly or indirectly, funds established by
municipalities
for
the
purpose
of
financing
construction
of
any
capital
improvement described in section 4754 of this title;
(4)
to invest available fund balances, and to credit the net interest
income thereon to the particular fund providing investment funds; and
(5)
to pay the costs of the bond bank Bond Bank, VEDA, and the
agency associated with the administration of each fund; provided, however,
that no more than four percent of the aggregate of the highest fund balances in
any fiscal year shall be used for such purposes, and that a separate account be
established outside the drinking water state revolving fund Drinking Water
State Revolving Fund for such purposes.
As used in this subsection, costs
shall include fiscal, clerical, administrative, and issuance expenditures directly
attributable
and
allocated
to
the
maintenance
implementation
and
administration of the loan funds created under this chapter; and
(6)
to pay from the Vermont Wastewater and Potable Water Revolving
Loan Fund the costs of administration of loans awarded under subdivision
4753(a)(10) of this title.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
Favorable
H. 612
An act relating to Gas Pipeline Safety Program penalties
Rep. Bouchard of Colchester
, for the Committee on
Commerce and
Economic Development,
recommends the bill ought to pass.
( Committee Vote: 8-0-3)
NOTICE CALENDAR
Favorable with Amendment
H. 62
An act relating to prohibiting the handheld use of a portable electronic
device while driving
Rep. Koch of Barre Town,
for the Committee on
Judiciary,
recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
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Sec. 1.
23 V.S.A. § 1095b is amended to read:
§ 1095b.
HANDHELD USE OF PORTABLE ELECTRONIC DEVICE IN
WORK ZONE PROHIBITED
(a) Definition. As used in this section, ―hands-free use‖ means the use of a
portable electronic device without use of either hand and outside the immediate
proximity of the user’s ear, by employing an internal feature of, or an
attachment to, the device.
(b)
Use of handheld portable electronic device in work zone prohibited.
A person shall not use a portable electronic device while operating a moving
motor vehicle within on a highway work zone in this State.
The prohibition of
this subsection shall not apply unless the work zone is properly designated
with warning devices in accordance with subdivision 4(5) of this title, and shall
not apply:
(1)
to hands-free use, or to use of the device to activate or deactivate
hands-free use; or
(2)
when use of a portable electronic device is necessary for a person to
communicate with law enforcement or emergency service personnel under
emergency circumstances;
(3)
to communications among law enforcement or emergency service
personnel in the performance of their official duties; or
(4)
to use of an ignition interlock device, as defined at 23 V.S.A. § 1200.
(c)
Penalty.
A person who violates this section commits a traffic violation
and shall be subject to a penalty of not less than $100.00 and not more than
$200.00 upon adjudication of for a first violation, and of not less than $250.00
and not more than $500.00 upon adjudication of for a second or subsequent
violation within any two-year period.
(d)(1)
Operators of commercial motor vehicles shall be governed by the
provisions of 23 V.S.A. chapter 39 (Commercial Driver License Act) instead
of the provisions of this chapter with respect to the handheld use of mobile
telephones, and texting, while operating a commercial motor vehicle.
(2)
A person shall not be issued more than one complaint for any
violation of this section, section 1095a of this title (junior operator use of
portable electronic devices), or section 1099 of this title (texting prohibited)
that arises from the same conduct.
Sec. 2.
23 V.S.A. § 2502 is amended to read:
§ 2502.
POINT ASSESSMENT; SCHEDULE
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(a)
Any person operating a motor vehicle shall have points assessed against
his or her driving record for convictions for moving violations of the indicated
motor vehicle statutes in accord with the following schedule:
(All references
are to Title 23 of the Vermont Statutes Annotated.)
(1)
Two points assessed for:
* * *
(LL)(i)
§ 1095.
Entertainment picture visible to operator;
(ii)
§ 1095b.
Use of portable electronic device in work
zone— first offense;
* * *
(4)
Five points assessed for:
* * *
(D) § 1095b.
Use of portable electronic device in work
zone— second and subsequent offenses;
* * *
Sec. 3.
23 V.S.A. § 1095a is amended to read:
§ 1095a.
JUNIOR OPERATOR USE OF PORTABLE ELECTRONIC
DEVICES
A person under 18 years of age shall not use any portable electronic device
as defined in subdivision 4(82) of this title while operating a moving motor
vehicle on a highway.
This prohibition shall not apply if it is necessary to
place an emergency 911 call:
(1)
when use of a portable electronic device is necessary for a person to
communicate with law enforcement or emergency service personnel under
emergency circumstances; or
(2)
to communications among law enforcement or emergency service
personnel in the performance of their official duties.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
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J.R.H. 14
Joint resolution requesting the United States Congress to pass the
Homeowners Flood Insurance Affordability Act.
Rep. Marcotte of Coventry,
for the Committee on
Commerce and
Economic Development,
recommends that the resolution be amended as
follows:
First:
By amending the final Whereas clause to read:
Whereas, Representative Waters, ranking member of the House Committee
on Financial Services, said she is committed to fixing the ―unintended
consequences‖ of the 2012 law and passing legislation to delay most rate
changes for three years ―to give FEMA the opportunity to ensure its maps are
accurate and allow Congress to make certain rates are affordable,‖
now
therefore be it and
Second:
By adding four new Whereas clauses immediately preceding the
first Resolve clause to read:
Whereas, in accordance with 42 U.S.C. § 5122, the President has declared
several major Vermont natural disasters as sufficiently severe to qualify for
federal financial support for recovery efforts, and
Whereas, many Vermonters have direct experience with the specific nature
of flood damage caused by such natural disasters, in particular Tropical Storm
Irene, and
Whereas, that experience underscores the inequity that would result if the
same insurance rate were applied to improved properties in a floodplain if one
had a finished basement below the base flood elevation level and another had
an unfinished basement with all electrical components placed above the base
flood elevation level, and
Whereas, many Vermonters have unfinished basements as described in the
preceding clause and principles of fairness suggest that they should be offered
a discounted flood insurance rate, now therefore be it
Third:
By striking the first Resolve clause and inserting in lieu thereof the
following:
That the General Assembly supports and urges the United States Congress
to pass the Homeowners Flood Insurance Affordability Act of 2013 currently
pending before Congress as H.R. 3370 and S. 1610, which will delay the
implementation of the National Flood Insurance Program changes until two
years
after
the
Federal
Emergency
Management
Agency
completes
the
affordability study on the impact of the rate increases, and be it further
- 440 -
Resolved:
That the affordability study should include an assessment of the
specific disaster recovery issues which have occurred as a result of recent
major floods in Vermont and reflect the inequity which would result if the
same insurance rate were applied to what are in fact very dissimilar properties,
and be it further
(Committee Vote: 11-0-0 )
(For Text of Resolution see House Journal 1/15/2014)
Public Hearings
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
.
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
February 13, 2014 - House Chamber - 7:00-9:00 pm - H. 586 - Improving the
Quality of State Waters - House Agriculture and Forest Products
February 19, 2014 - Room 11 - 7:00p,- 8:30pm - Judicial retention - Joint
Committee on Judicial Retention
Public Hearing on the Governor’s Proposed Fiscal Year 2015 State
Budget
For Advocates
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House Committee on Appropriations
Tuesday, February 18, 2014, 11:00 a.m. - 12:00 p.m. or Friday, February
21, 2014,
1:00 – 2:30 p.m. –
The House Committee on Appropriations will
hold a public hearing for advocates in room 11 of the State House on the
Governor’s proposed FY2015 state budget. Please sign up in advance, with
Theresa Utton-Jerman at (802) 828-5767 or
tutton@leg.state.vt.us
or in room
40.
The Governor’s budget proposal can be viewed at the Department of
Finance & Management’s website:
http://finance.vermont.gov/state_budget/rec
.
Individual department budgets that have been made available can be viewed
at the Joint Fiscal Office’s website:
http://www.leg.state.vt.us/jfo/dept_budgets_fy_2015.aspx
.
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.
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.
The Joint Fiscal Committee recently received the following items:
JFO #2664
– $7,521,488 grant from the U.S. Department of Labor to
the Vermont Department of Labor.
These funds will be used to develop a new
unemployment insurance IT system and enhance efforts to prevent and detect
improper unemployment insurance payments.
This project is a collaboration
with Maryland and West Virginia. The grant amount represents Vermont’s
share of the total $82.8 million grant for the project.
Eight (8) limited service
positions are associated with this request.
[
JFO received 01/27/14
]
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JFO #2665
– $26,360 grant from the Vermont Community Foundation
to the Vermont Agency of Agriculture, Food and Markets.
These funds will
support work on a five-year Farm-to-School strategic and action plan.
Funds
will also be used to conduct a survey intended to enhance the understanding of
producer needs and capabilities related to participation in Farm-to-School and
Farm-to Institution programs.
[
JFO received 02/03/14
]
JFO #2666
– $180,530 donation from the estate of George Cunavelis
to the Vermont Veterans Memorial Cemetery.
These funds will be used to
support programs and infrastructure enhancements at the cemetery in
Randolph, Vermont.
[
JFO received 02/03/14
]
JFO #2667
– Acquire 36 acres from Dale Merrett in exchange for 28
acres owned by the Department of Fish & Wildlife (DFW).
This item is a
property exchange between the state and Mr. Merrett.
It has been submitted
for JFO approval under the assumption that receiving the 36 acres from Mr.
Merrett constitutes acceptance of a ―thing of value‖ under 32 V.S.A. § 5,
despite the fact that the State’s net gain (excluding ecological value) from the
exchange is expected to be minimal.
[
JFO received 02/03/14
]
Joint Assembly
February 20, 2014 - 10:30 A.M. – Election of two (2) trustees for the
Vermont State Colleges Corporation.
Candidates for the positions of trustee must notify the Secretary of State
in
writing
not later than February 13, 2014 , by 4:30 P.M. pursuant to the
provisions of 2 V.S.A. §12(b).
Otherwise their names will not appear on the
ballots for these positions.
Do not use pink mail to deliver notification to the
Secretary of State.
Hand delivery is the best method to insure notification has
been received.
The following rules shall apply to the conduct of these elections:
First:
All nominations for these offices will be presented in alphabetical
order prior to voting.
Second:
There will be only one nominating speech of not more than three
(3) minutes and not more than two seconding speeches of not more than one
(1) minute each for each nominee.