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House Calendar
Friday, February 07, 2014
32nd DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
J.R.H. 14
Requesting the United States Congress to pass the Homeowners
Flood Insurance Affordability Act ................................................................ 462
Favorable with Amendment
H. 88
Parental rights and responsibilities involving a child conceived as a
result of a sexual assault ................................................................................ 462
Rep. Fay for Judiciary
H. 347
Veterinary dentistry ........................................................................... 463
Rep. Bartholomew for Agriculture and Forest Products
Favorable
H. 576
Applications for the Lifeline program ............................................... 464
Rep. Mrowicki for Human Services
Action Postponed Until February 12, 2014
Third Reading
H. 612
Gas Pipeline Safety Program penalties ............................................. 464
NOTICE CALENDAR
Favorable with Amendment
H. 739
Rulemaking by the Judicial Nominating Board ................................ 464
Rep. Higley for Government Operations
Consent Calendar
H.C.R. 214
In memory of Franklin County civic leader Lawrence Joseph
Handy ............................................................................................................ 465
H.C.R. 215
Commemorating the 50th anniversary of the Wilderness Act of
1964 and the 30th anniversary of the Vermont Wilderness Act of 1984 ...... 465
H.C.R. 216
In memory of former Windsor Fire Chief Bruce W. Stearns .... 465
H.C.R. 217
Designating the week of February 3–7 as Vermont School
Counseling Week ........................................................................................... 465
H.C.R. 218
Honoring nonprofit organizations and Common Good Vermont
....................................................................................................................... 465
H.C.R. 219
In memory of Juanita Cook of Pownal ...................................... 465
H.C.R. 220
Honoring Champlain College President Dr. David F. Finney for
his higher education leadership ..................................................................... 465
S.C.R. 32
Senate concurrent resolution congratulating the Montpelier Bridge
on its 20th anniversary ................................................................................... 465
S.C.R. 33
Senate concurrent resolution congratulating radio station WDEV in
Waterbury, as the first electronic media winner of the Matthew Lyon Award
....................................................................................................................... 466
S.C.R. 34
Senate concurrent resolution congratulating Sarducci’s restaurant
and bar on its 20th anniversary ...................................................................... 466
S.C.R. 35
Senate concurrent resolution in memory of former Eagleton Institute
Director Alan Rosenthal ................................................................................ 466
S.C.R. 36
Senate concurrent resolution congratulating Bear Pond Books in
Montpelier on its 40th anniversary ................................................................ 466
S.C.R. 37
Senate concurrent resolution congratulating the 2012 Montpelier
High School Solons Division II championship girls’ soccer team ................ 466
S.C.R. 38
Senate concurrent resolution congratulating the Hunger Mountain
Coop on the 20th anniversary of its Annual Food and Wellness Expo ......... 466
S.C.R. 39
Senate concurrent resolution in memory of former Senator Frank
Smallwood ..................................................................................................... 466
S.C.R. 40
Senate concurrent resolution congratulating the 2013 Montpelier
High School Division II championship girls’ tennis team ............................ 466
S.C.R. 41
Senate concurrent resolution congratulating the Reverend Jay Sprout
on being named the Northeast Kingdom Chamber of Commerce’s 2013 Citizen
of the Year ..................................................................................................... 466
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
J.R.H. 14
Joint resolution requesting the United States Congress to pass the Homeowners
Flood Insurance Affordability Act
Favorable with Amendment
H. 88
An act relating to parental rights and responsibilities involving a child
conceived as a result of a sexual assault
Rep. Fay of St. Johnsbury,
for the Committee on
Judiciary,
recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1.
15 V.S.A. § 665b is added to read:
§ 665b.
PETITION
FOR
SOLE
PARENTAL
RIGHTS
AND
RESPONSIBILITIES IN CASES OF SEXUAL ASSAULT OR
SEXUAL EXPLOITATION
(a)
Notwithstanding section 665a of this title, upon petition of a parent, the
Court may award that parent permanent sole parental rights and responsibilities
if the Court determines by clear and convincing evidence that the child was
conceived as a result of a sexual assault or sexual exploitation in which the
moving parent was the victim and the nonmoving parent was the perpetrator.
(b)
The State has a compelling interest in not forcing a victim of sexual
assault or sexual exploitation to continue an ongoing relationship with the
perpetrator of the abuse. Such continued interaction can have traumatic
psychological effects on the victim, making recovery more difficult, and
negatively affect the victim’s ability to parent and to provide for the best
interests of the child.
Additionally, the State recognizes that a perpetrator may
use the threat of pursuing parental rights and responsibilities to coerce a victim
into not reporting or assisting in the prosecution of the perpetrator for the
sexual assault or sexual exploitation, or to harass, intimidate, or manipulate
the victim.
(c)
A conviction for an offense in 13 V.S.A. chapter 72 or a similar offense
in another jurisdiction shall be sufficient evidence of a sexual assault or sexual
exploitation for purposes of this section; however, a conviction is not required
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and the Court may consider other evidence of a sexual assault or sexual
exploitation in making its determination.
(d)
An order issued in accordance with this section shall be permanent and
shall not be subject to modification.
(e)
A court shall not issue a parent-child contact order in a case in which a
rights and responsibilities order has been issued in accordance with this
section.
An existing parent-child contact order shall be terminated upon the
issuance of a rights and responsibilities order issued in accordance with this
section.
(f)
Issuance of an order in accordance with this section shall not affect the
right of the custodial parent to seek child support from the noncustodial parent.
The State shall not seek child support from the noncustodial parent when a
custodial parent receives public assistance benefits unless requested by the
custodial parent.
(g)
If a party to a petition for an order under this section subsequently files
a complaint for divorce or annulment, or if a party to a divorce or annulment
proceeding subsequently files for an order under this section, the Court where
the later complaint or petition is filed shall immediately consolidate the divorce
or annulment action with the action for permanent sole parental rights and
responsibilities.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 10-0-1)
H. 347
An act relating to veterinary dentistry
Rep. Bartholomew of Hartland,
for the Committee on
Agriculture and
Forest Products,
recommends the bill be amended as follows:
First:
In Sec. 2, 26 V.S.A. § 2403(10), after “any employee” and before “of
a licensed veterinarian” by striking “or agent”
Second: In Sec. 3 (Effective Date), by striking “2013” where it appears and
inserting in lieu thereof “2014”
( Committee Vote: 11-0-0)
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Favorable
H. 576
An act relating to applications for the Lifeline program
Rep. Mrowicki of Putney
, for the Committee on
Human Services,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
Action Postponed Until February 12, 2014
Third Reading
H. 612
An act relating to Gas Pipeline Safety Program penalties
NOTICE CALENDAR
Favorable with Amendment
H. 739
An act relating to rulemaking by the Judicial Nominating Board
Rep. Higley of Lowell,
for the Committee on
Government Operations,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
4 V.S.A. § 601(d) is amended to read:
(d)
The Judicial Nominating Board shall adopt rules under 3 V.S.A. chapter
25 which that shall establish criteria and standards for the nomination of
qualified candidates for justices Justices of the supreme Supreme Court,
superior Superior Court judges, magistrates Magistrates, the Chair of the
Public Service Board, and members of the Public Service Board.
The criteria
and standards shall include such factors as integrity, legal knowledge and
ability,
judicial
temperament,
impartiality,
health,
experience,
diligence,
administrative and communicative skills, social consciousness, and public
service.
The application form shall not be included in the rules and may be
developed and periodically revised at the discretion of the Board.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
- 465 -
Consent Calendar
Concurrent Resolutions for Adoption Under Joint Rule 16a
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative
requests
floor
consideration
before
today’s
adjournment.
Requests for floor consideration in either chamber should be communicated to
the Secretary’s office and/or the House Clerk’s office, respectively. For text of
resolutions, see Addendum to House Calendar and Senate Calendar of
2/6/2014.
H.C.R. 214
House concurrent resolution in memory of Franklin County civic leader
Lawrence Joseph Handy
H.C.R. 215
House concurrent resolution commemorating the 50th anniversary of the
Wilderness Act of 1964 and the 30th anniversary of the Vermont Wilderness
Act of 1984
H.C.R. 216
House concurrent resolution in memory of former Windsor Fire Chief Bruce
W. Stearns
H.C.R. 217
House concurrent resolution designating the week of February 3–7 as Vermont
School Counseling Week
H.C.R. 218
House concurrent resolution honoring nonprofit organizations and Common
Good Vermont
H.C.R. 219
House concurrent resolution in memory of Juanita Cook of Pownal
H.C.R. 220
House concurrent resolution honoring Champlain College President Dr. David
F. Finney for his higher education leadership
S.C.R. 32
Senate concurrent resolution congratulating the
Montpelier Bridge
on its 20th
anniversary
- 466 -
S.C.R. 33
Senate concurrent resolution congratulating radio station WDEV in Waterbury,
as the first electronic media winner of the Matthew Lyon Award
S.C.R. 34
Senate concurrent resolution congratulating Sarducci’s restaurant and bar on its
20th anniversary
S.C.R. 35
Senate concurrent resolution in memory of former Eagleton Institute Director
Alan Rosenthal
S.C.R. 36
Senate concurrent resolution congratulating Bear Pond Books in Montpelier on
its 40th anniversary
S.C.R. 37
Senate concurrent resolution congratulating the 2012 Montpelier High School
Solons Division II championship girls’ soccer team
S.C.R. 38
Senate concurrent resolution congratulating the Hunger Mountain Coop on the
20th anniversary of its Annual Food and Wellness Expo
S.C.R. 39
Senate concurrent resolution in memory of former Senator Frank Smallwood
S.C.R. 40
Senate concurrent resolution congratulating the 2013 Montpelier High School
Division II championship girls’ tennis team
S.C.R. 41
Senate concurrent resolution congratulating the Reverend Jay Sprout on being
named the Northeast Kingdom Chamber of Commerce’s 2013 Citizen of the
Year
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,
- 467 -
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 13, 2014 - House Chamber - 7:00-9:00 pm - H. 586 - Improving the
Quality of State Waters - House Agriculture and Forest Products
Public Hearing on the Governor’s Proposed Fiscal Year 2015 State
Budget
For Advocates
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
.
February 19, 2014 - Room 11 - 7:00p,- 8:30pm - Judicial retention - Joint
Committee on Judicial Retention
- 468 -
Information Notice
Deadline for Introducing Bills
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.
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.