1565 MONDAY, APRIL 28, 2008
Journal of the House
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MONDAY, APRIL 28, 2008
At one o'clock in the afternoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Representative William Aswad of Burlington.
Pledge of Allegiance
Page Maureen T. Myrick of St. Johnsbury led the House in the Pledge of Allegiance.
Bill Referred to Committee on Ways and Means
S. 358
Senate bill, entitled
An act relating to enhanced driver licenses;
Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.
Petition Referred to Committee
A petition submitted by Brian Pearl regarding Vermont Commission on Family Recognition and Protection was read and referred to the committee on Judiciary.
Rules Suspended; Senate Proposal of Amendment Not Concurred in;
Committee of Conference Requested and Appointed
H. 870
On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled
An act relating to the regulation of professions and occupations;
Appearing on the Calendar for notice, was taken up for immediate consideration.
The Senate proposed to the House to the bill as follows:
First: By adding a new Sec. 6a to read as follows:
Sec. 6a. 26 V.S.A. § 273 is amended to read:
§ 273. EXEMPTIONS
The provisions of this chapter regulating barbers and cosmetologists shall not:
* * *
(3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:
* * *
(C) persons as part of a special occasion event so long as those services are limited to hair styling and makeup and the sanitation standards expected of licensees in licensed shops are followed;
* * *
Second: By adding a new Sec. 8a to read as follows:
Sec. 8a. 26 V.S.A. § 378 is added to read:
§ 378. LIMITED TEMPORARY LICENSES
(a) Notwithstanding section 371 of this title, the board may grant an applicant a limited temporary license to practice podiatry for a period of up to 54 weeks if the applicant:
(1) furnishes the board with satisfactory proof that he or she has attained the age of majority;
(2) has received a diploma or certificate of graduation from an accredited school of podiatric medicine approved by the board;
(3) has been appointed as an intern, resident, fellow, or medical officer in a licensed hospital or in a clinic which is affiliated with a licensed hospital, or in a hospital or an institution maintained by the state, or in a clinic or an outpatient clinic affiliated with or maintained by the state; and
(4) pays the fee set forth in subdivision 1401a(a)(3) of this title.
(b) A limited temporary license may be renewed upon payment of the fee set forth in subdivision 1401a(a)(3) of this title for the period of the applicant’s postgraduate training, internship, or fellowship program.
(c) A limited temporary license shall entitle the applicant to practice podiatry only in the hospital or other institution designated on his or her certificate of limited temporary license and in clinics operated by or affiliated with that designated hospital or institution and only if the applicant is under the direct supervision and control of a licensed podiatrist. The licensed podiatrist shall be legally responsible and liable for all negligent or wrongful acts or omissions of the limited temporary licensee and shall file with the board the name and address both of himself or herself and of the limited temporary licensee and the name of the hospital or other institution.
(d) A limited temporary license shall be revoked upon the death or legal incompetency of the supervising licensed podiatrist or, upon 10 days’ written notice, by withdrawal of his or her filing by the supervising licensed podiatrist. A limited temporary licensee shall at all times exercise the same standard of care and skill as a licensed podiatrist. Termination of appointment as intern, resident, fellow, or medical officer of a designated hospital or institution shall operate as a revocation of a limited temporary license.
Third: By adding a new Sec. 9a to read as follows:
Sec. 9a. 26 V.S.A. § 996(e) is amended to read:
(e) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the board. For purposes of this subsection, the board shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal. A licensee who is licensed as a funeral director shall only be required to complete continuing education requirements for a funeral director and not those for an embalmer.
Fourth: By adding a new Sec. 10a to read as follows:
Sec. 10a. 26 V.S.A. § 1256(e) is amended to read:
(e) In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director shall have satisfactorily completed continuing education as required by the board. For purposes of this subsection, the board shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases. An applicant for renewal as a funeral director who is over the age of 65 shall have satisfactorily completed two hours of approved continuing education as a condition of renewal.
Fifth: In Sec. 14, 26 V.S.A. § 2081a(1), by striking out the first instance of the word “therapy” and inserting in lieu thereof the word therapist
Sixth: In Sec. 17, 26 V.S.A. § 2085(a), by striking out the first sentence in its entirety and inserting in lieu thereof a new first sentence to read as follows: A physical therapist shall be professionally responsible and legally liable for all aspects of the physical therapy care of each of his or her patients, including care provided by physical therapist assistants, physical therapy aides, and assistive personnel.
Seventh: In Sec. 17, 26 V.S.A. § 2085(c)(2), in the second sentence, by striking out the word “delegated” and inserting in lieu thereof the word assigned
Eighth: In Sec. 37, 26 V.S.A. § 4121, by striking out subdivision (11)(12) in its entirety and inserting in lieu thereof a new subdivision to read as follows:
(11)(12) ”Topical medicines” mean medicines applied to the surface of the body and include topical analgesics, anesthetics, antiseptics, scabicides, antifungals, antibacterials, and cryo-agents, and anti-inflammatory agents.
Ninth: By adding a new Sec. 46 to read as follows:
Sec. 46. OFFICE OF PROFESSIONAL REGULATION; BOARD OF FUNERAL SERVICE; STUDY
The office of professional regulation, in consultation with the board of funeral service, funeral consumers, providers of funeral services, and other stakeholders identified by the office, shall study the necessity of amending the statutes and administrative rules relating to funeral service in Vermont in the interest of public protection. The study shall address the reorganization of the embalmer, crematory, and funeral services chapters of the Vermont Statutes Annotated, possible restructuring of the composition of the funeral board, continuing education requirements, and other amendments as deemed appropriate by the office and the board. The office shall report to the house and senate committees on government operations with its recommendations no later than January 15, 2009.
Tenth: By adding a new Sec. 47 to read as follows:
Sec. 47. NURSING; MILITARY SERVICE; OFFICE OF PROFESSIONAL REGULATION; REPORT
By January 1, 2009, the office of professional regulation shall file a report with the general assembly that evaluates whether, and if so under what circumstances, an applicant for licensure to practice nursing should be eligible for licensure if he or she has received appropriate training and performed duties while enlisted in military service in lieu of satisfaction of a required educational program. The office, as appropriate, shall consult with the Vermont state board of nursing, the military department, and the Vermont office of veterans’ affairs.
Eleventh: By adding a new Sec. 47a to read as follows:
Sec. 47a. EMERGENCY MEDICAL TECHNICIANS; MILITARY SERVICE; DEPARTMENT OF HEALTH; REPORT; COLLABORATION
(a) The General Assembly finds that there is a critical shortage of nurses and emergency medical technicians in Vermont, hampering the ability of Vermonters to obtain affordable and timely and quality medical care.
(b) By January 15, 2009, the commissioner of the Department of Health shall file a report with the House and Senate Government Operations that evaluates whether, and if so under what circumstances, an applicant for licensure as an emergency medical technician should be eligible for licensure, exemption from licensure when employed by certain health care facilities, if he or she has received comparable training and performed duties while enlisted in military service in lieu of satisfaction of a required educational or testing program, or both. The commissioner, as appropriate, shall consult with the executive director of the Vermont state board of nursing, the adjutant general, and the director of the Vermont office of veterans’ affairs.
(c) The commissioner of health shall collaborate to the extent feasible with the director of the office of professional regulation regarding the comparable evaluation required by Sec. 47 of this Act for individuals with military service qualifying for licensing as nurses.
Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Evans of Essex moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:
Rep. Evans of Essex
Rep. Manwaring of Wilmington
Rep. Martin of Wolcott
Rules Suspended; Senate Proposal of Amendment Not Concurred in;
Committee of Conference Requested and Appointed
H. 691
On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled
An act relating to executive and judicial branch fees;
Appearing on the Calendar for notice, was taken up for immediate consideration.
The Senate proposed to the House to the bill as follows:
By striking all after the enacting clause and inserting in lieu thereof the following:
* * * Department of Public Safety * * *
Sec. 1. 20 V.S.A § 39(a) is amended to read:
(a) Every person required to report the use or storage of hazardous chemicals or substances pursuant to EPCRA shall pay the following annual fees for each hazardous chemical or substance, as defined by the state emergency response commission, that is present at the facility:
(1) $33.00 $35.00 for quantities between 100 and 999 pounds.
(2) $50.00 $55.00 for quantities between 1,000 and 9,999 pounds.
(3) $80.00 $90.00 for quantities between 10,000 and 99,999 pounds.
(4) $250.00 $265.00 for quantities between 100,000 and 999,999 pounds.
(5) $750.00 $800.00 for quantities exceeding 999,999 pounds.
(6) An additional fee of $150.00 $175.00 will be assessed for each extremely hazardous chemical or substance as defined in 42 U.S.C. § 11002.
Sec. 2. 23 V.S.A. § 1203(k) is amended to read:
(k) A copy of a videotape made of the alleged offense shall be provided to the defendant within ten days after the defendant requests the copy and pays a $15.00 $45.00 fee for its reproduction. No fee shall be charged to a defendant whom the court has determined to be indigent.
* * * Department of Environmental Conservation * * *
Sec. 3. 3 V.S.A. § 2822(i) is amended to read:
(i) The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services, except that a municipality shall also be exempt from those fees for orphan stormwater systems prescribed in subdivision subdivisions (j)(2)(A)(iii) and (2)(B)(iv)(I) or (II) of this section when the municipality agrees to become an applicant or co-applicant for an orphan stormwater system under section 1264c of Title 10. Applicants operating under SIC codes 2411, 2421, 2426, and 2429 shall be exempt from administrative processing fees pursuant to subdivision (j)(2) of this section and application review fees pursuant to subdivision (j)(2)(A)(iii)(IV) of this section.
Sec. 4. Sec. 30b of Act 76 of the Acts of 2007 is amended to read:
Sec. 30b. IMPLEMENTATION AND REVERSION
(a) Sec. 30a (exclusion from general permit fees) shall take effect upon passage and shall be effective retroactively back to August 1, 2006. The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and the effective date of this section June 30, 2008.
(b) Sec. 30a (exclusion from general permit fees) shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act.
* * * Sheriffs * * *
Sec. 5. 32 V.S.A. § 1591(1)(A) is amended to read:
(A) For serving each process, the fees shall be as follows:
* * *
(ii) $30.00 $50.00 upon presentation of each return of service for the service of papers relating to divorce, annulments, separations, or support complaints;
(iii) $30.00 $50.00 upon presentation of each return of service for the service of papers relating to civil suits except as provided in subdivisions 1591(1)(A)(ii) and 1591(1)(A)(vii) of this title;
(iv) $30.00 $50.00 upon presentation of each return of service for the service of a subpoena and shall be limited to that one fee for each return of service;
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* * * Department of Labor * * *
Sec. 6. 21 V.S.A. § 711(a) is amended to read:
(a) A workers’ compensation administration fund is created pursuant to subchapter 5 of chapter 7 of Title 32 to be expended by the commissioner for the administration of the workers’ compensation and occupational disease programs. The fund shall consist of contributions from employers made at a rate of 0.42 0.81 percent of the direct calendar year premium for workers’ compensation insurance, one percent of self-insured workers’ compensation losses, and one percent of workers’ compensation losses of corporations approved under the chapter 9 of this title. Disbursements from the fund shall be on warrants drawn by the commissioner of finance and management in anticipation of receipts authorized by this section.