autofill template · web viewjournal of the house _____ thursday, may 10, 2007 at eleven...

Journal of the House________________

THURSDAY, MAY 10, 2007

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

Devotional Exercises

Devotional exercises were conducted by Representative William Aswad of Burlington, VT.

Message from the Senate No. 73

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. 361. An act relating to pay scale, death benefit and tuition benefits for members of the National Guard.

And has passed the same in concurrence.

The Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 67. An act relating to closure of the Bennington state office building.

S. 148. An act relating to the requirements for an application to be a designated new town center.

S. 177. An act relating to child poverty in Vermont.

S. 190. An act relating to establishing a brownfields advisory committee.

S. 192. An act relating to HIV name-based reporting.

S. 196. An act relating to failure to insure for workers’ compensation coverage by employers and contractors.

And has concurred therein.

The Senate has considered House proposals of amendment to the following Senate bills and has refused to concur therein and asks for Committees of Conference upon the disagreeing votes of the two Houses to which the

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JOURNAL OF THE HOUSE 1290

President announced the appointment as members of such Committees on the part of the Senate:

S. 133. An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement.

Senator ScottSenator MazzaSenator Sears

S. 143. An act relating to authorizing the use of racing fuel containing the additive MTBE or other gasoline ethers.

Senator KitchelSenator CollinsSenator Mazza

The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon Senate bill of the following title:

S. 39. An act relating to health insurance plan reimbursement for covered services provided by naturopathic physicians.

And has accepted and adopted the same on its part.

The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles:

H. 154. An act relating to stormwater management.

H. 229. An act relating to corrections and clarifications to the Health Care Affordability Act of 2006 and related legislation.

H. 449. An act relating to foster care services and supports.




Madam Speaker:

I am directed to inform the House that the Senate has considered House proposal of amendment to Senate bill of the following title:

S. 167. An act relating to voter registration.

1291 THURSDAY, MAY 10, 2007

And has concurred therein with an amendment in the passage of which the concurrence of the House is requested.

The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon House bill of the following title:

H. 520. An act relating to the conservation of energy and increasing the generation of electricity within the state by use of renewable resources.


Committee Bill Introduced

H. 549

Rep. Deen of Westminster, for the committee on Fish, Wildlife and Water Resources, introduced a bill, entitled

An act relating to waterfront buffer zones;

Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.

Joint Resolution Placed on Calendar

The Speaker placed before the House the following resolution which was read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 39

Joint resolution requesting Congress to reduce greenhouse gas emissions through the authorization of a 90,000-pound weight limitation for all vehicles with a minimum of five axles traveling on interstate highways in Vermont

Offered by: Committee on Transportation

Whereas, greenhouse gas emissions’ impact on a changing Vermont climate and economic development are a growing concern, and

Whereas, operating vehicles on the interstate highways in Vermont, instead of on state and local highways, promotes greater efficiencies and an improved quality of life, and

Whereas, the largest Vermont-based source of greenhouse gas emissions is derived from motor vehicle exhaust systems, and emissions and congestion increase in towns and villages when trucks are forced to travel on local roads instead of along the state’s interstate highways, and

Whereas, in the surrounding New England states and the state of New York, commodity shippers are authorized to ship multiple goods on different


segments of those states’ interstate highways in vehicles weighing up to 90,000 pounds, and

Whereas, in Vermont, however, with the exception of shipments of water and milk, the maximum shipping weight, without a special permit, is 80,000 pounds, and

Whereas, this lower weight threshold necessitates more large freight vehicles to transport goods and, consequently, increases the amount of greenhouse gases emitted into the atmosphere and places additional wear and tear on both the interstate highways’ system and Vermont’s state and local highways, and

Whereas, interstate highways’ are built to the highest safety standards of any roads in the United States and, as demonstrated in our neighboring states, can withstand the impact of 90,000-pound vehicles traveling along their surfaces, and

Whereas, it is not equitable that haulers shipping milk or water in vehicles having five or more axles are subject to a 90,000-pound weight limitation while shipments of other commodities in these identical vehicles must abide by a lower 80,000-pound limit in Vermont, and

Whereas, in addition to the reduction in greenhouse gases, and the decreased wear and tear on state and municipal highways, the raising of the 80,000-pound weight-hauling limitation in Vermont to 90,000 pounds would also encourage increased trans-border commerce traveling to and from Canada through the state and mean additional revenue for Vermont’s businesses, and

Whereas, these vehicles are equipped with the necessary brake and suspension systems to transport safely weight loads equal to 90,000 pounds, and

Whereas, vehicles weighing in excess of 80,000 pounds can be operated on the interstate at the present time, but only with single-trip permits, issued by the department of motor vehicles, which are both expensive and time-consuming to obtain, and

Whereas, the efficient shipment of commodities requires reliance on a balanced transportation system that includes rail, air, and an interstate highway system that is available for commodity shipments of up to 90,000 pounds, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly requests Congress to grant statutory authorization permitting a 90,000-pound weight limitation for all commodities


transported in truck tractors, semi-trailer combinations, or truck-trailer combinations having five or more axles and traveling on interstate highways in Vermont, and be it further

Resolved: That the secretary of state be directed to send a copy of this resolution to U.S. Secretary of Transportation Mary Peters and the members of the Vermont Congressional Delegation.

Joint Resolution Referred to Committee

J.R.H. 40

Rep. Obuchowski of Rockingham offered a joint resolution, entitled

Joint resolution requesting the public service board to restrict any 2008 rate increase granted to Central Vermont Public Service Corporation to a level that is truly affordable to Vermonters;

Whereas, in January 2006, Governor James Douglas entitled his annual state of the state address to the General Assembly “Making Vermont Affordable for Vermonters,” and

Whereas, in his address, he stated that “high energy costs” and other factors have resulted in “a challenging economic environment [that] all conspire to drive our young people to seek a more affordable life elsewhere,” and

Whereas, the governor continued that “Vermont has the 6th highest cost of living in the nation, despite no major metropolitan areas” within the state’s boundaries, and

Whereas, the governor’s astute observation that affordability is a central theme in the lives of Vermonters should be applied in all sectors of the state’s economy, and

Whereas, an order of the public service board, dated December 7, 2006 and effective January 1, 2007, amended a memorandum of understanding between the department of public service and the Central Vermont Public Service Corporation (CVPS) relative to rates and revenue, and

Whereas, in an order effective January 1, 2007 pursuant to this order, the public service board (PSB) granted CVPS a rate increase of 4.07 percent for the sale of electric power, and

Whereas, even though the 4.07-percent rate increase that the PSB awarded to CVPS is below the 6.15-percent the company had requested, retail consumers were still required to pay an additional $10.833 million above the then-existing rates, and


Whereas, on Tuesday May 1, 2007 CVPS President-CEO Bob Young announced at the company’s annual stockholders meeting that a rate increase would be requested and in a newspaper interview following the meeting, he elaborated that the request would “be in line with what we did last year” which would mean the original CVPS 2006 request of 6.15 percent, and

Whereas, as unaffordable as the final PSB-granted 4.07-rate increase was for Vermonters, a proposed 6.15 percent increase is far worse and beyond the ability of most Vermonters to afford, now therefore be it


That the General Assembly requests the public service board to restrict any 2008 rate increase granted to Central Vermont Public Service Corporation to a level that is truly affordable for all Vermonters, and be it further

Resolved: That the secretary of state be directed to send a copy of this resolution to John Volz, chair of the public service board, and to Bob Young, president and chief executive officer of the Central Vermont Public Service Corporation in Rutland.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Commerce.

Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 42

Joint resolution recognizing the importance of farmers’ markets in Vermont

Offered by: Representatives Stevens of Shoreham, Acinapura of Brandon, Adams of Hartland, Ainsworth of Royalton, Anderson of Montpelier, Andrews of Rutland City, Aswad of Burlington, Atkins of Winooski, Bissonnette of Winooski, Botzow of Pownal, Bray of New Haven, Canfield of Fair Haven, Chen of Mendon, Cheney of Norwich, Clarkson of Woodstock, Consejo of Sheldon, Copeland-Hanzas of Bradford, Corcoran of Bennington, Courcelle of Rutland City, Devereux of Mount Holly, Donaghy of Poultney, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Evans of Essex, Fallar of Tinmouth, Frank of Underhill, French of Randolph, Gervais of Enosburg, Gilbert of Fairfax, Godin of Milton, Howrigan of Fairfield, Jewett of Ripton, Johnson of South Hero, Klein of East Montpelier, Komline of Dorset, Lenes of Shelburne, Leriche of Hardwick, Lorber of Burlington, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of


Coventry, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCullough of Williston, McDonald of Berlin, Milkey of Brattleboro, Miller of Shaftsbury, Minter of Waterbury, Mitchell of Barnard, Mook of Bennington, Morley of Barton, Mrowicki of Putney, Nease of Johnson, Nuovo of Middlebury, Obuchowski of Rockingham, Oxholm of Vergennes, Partridge of Windham, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Pugh of S. Burlington, Randall of Troy, Scheuermann of Stowe, Shand of Weathersfield, Sharpe of Bristol, Spengler of Colchester, Valliere of Barre City, Weston of Burlington, Winters of Williamstown, Wright of Burlington, Zenie of Colchester and Zuckerman of Burlington

Whereas, Vermonters increasingly seek fresh locally-grown produce, and the U.S. Census of Agriculture has documented this consumer trend, reporting that Vermont’s direct food sales on a per-capita basis are 5.5 times higher than the national average, and

Whereas, in many communities, the opportunity to purchase nutritious and wholesome Vermont agricultural products directly from the farmer producer is afforded to consumers at local farmers’ markets, and

Whereas, farmers’ markets, whose numbers have increased over 50 percent in recent years, are centers of community commerce that provide a convenient and welcomed outlet for area farmers to exercise their entrepreneurial skills while enabling customers to purchase fruits, vegetables, maple syrup, cheese, baked goods, and jams, and

Whereas, in 2005, farmers’ markets in Vermont reported net sales totaling $3,511,000.00, and

Whereas, farmers’ markets represent a unique business model whose leadership consists of volunteers, and they offer farmers the opportunity to test new products and, on occasion, farmers’ market sales result in a vendor deciding to open a permanently located facility to sell the product, and

Whereas, farmers’ markets serve as magnets for downtowns and village centers, attracting additional shoppers to stores and restaurants situated near the market as demonstrated in a survey of an August farmers’ market day in downtown Montpelier that documented $1.80 of additional spending in downtown for every dollar spent at the farmers’ market that morning for a combined total of $39,000.00 of consumer spending, and

Whereas, recognizing the mutual advantage that a farmers’ market brings to both the vendors and permanent retail establishments, municipalities, and private landowners often rent the land to the market at an extremely reasonable cost, and


Whereas, farmers’ markets are community gathering spots, serve as employment opportunities for musicians, and provide children’s activities, and

Whereas, both farmers and the cities and town hosts derive economic benefits from their association with farmers’ markets, and the consumer is the ultimate winner, bringing home the very best that Vermont agriculture has to offer, now therefore be it


That the General Assembly recognizes the importance of farmers’ markets in Vermont, and be it further

Resolved: That the secretary of state be directed to send a copy of this resolution to Jessie Smith at the Northeast Organic Farming Association of Vermont in Richmond.

H.R. 23

House resolution designating October 13, 2007 as Statewide Pumpkin Carving Day

Offered by: Representatives Livingston of Manchester, Hube of Londonderry, Komline of Dorset, O'Donnell of Vernon and Scheuermann of Stowe

Whereas, the carving and displaying of pumpkins are nearly as symbolic of October in Vermont as the countryside’s colorful pageantry of leaves, and

Whereas, in 2006, the Bennington Area Chamber of Commerce Executive Director Bob Stannard and his colleague, Manchester & the Mountains Regional Chamber of Commerce Executive Director Jay Hathaway, teamed up to establish two new records for the world famous Guinness Book of Records, and

Whereas, Bob Stannard’s desire to relieve neighboring Keene, New Hampshire of the troublesome burden of holding the world record for displaying the most jack-o’-lanterns displayed in one place prompted him to call on Jay Hathaway in order to procure sufficient jack-o’-lanterns to break Keene’s record, and

Whereas, sensing an unexpected opportunity to increase Manchester’s fame and fortune, while assisting his down-county chamber director, Jay Hathaway contacted the Guinness World Record office in Great Britain and established the criteria for a second and brand new record setting event for “the most people carving a pumpkin at one time,” and


Whereas, on Saturday, October 28, 2006, despite terrible weather, nearly 300 individuals gathered outside cosponsor Orvis’s flagship store to witness this historic carving event at which 120 individuals carved pumpkins simultaneously, and both Manchester’s and Bennington’s Guinness record objectives were met, and

Whereas, the 2006 Manchester pumpkin carving’s great success convinced the Manchester & the Mountains Regional Chamber of Commerce to make this an annual event and to expand the geographic scope of this newly established activity, and

Whereas, a small, but nonetheless important, first step to facilitate pumpkin carving activities is the newly established four-acre pumpkin patch in Manchester which includes one acre reserved for schoolchildren’s use, and

Whereas, in order to celebrate the art of pumpkin carving, and as an incentive to encourage the economically important Columbus Day holiday weekend visitors to linger in Vermont just a little longer, a statewide pumpkin carving day would encourage other communities to conduct pumpkin carving festivities, now therefore be it

Resolved by the House of Representatives:

That this legislative body designates Saturday October 13, 2007 as statewide pumpkin carving day, and be it further

Resolved: That the clerk of the house be directed to send a copy of this resolution to Jay Hathaway and Bob Stannard at their respective chambers of commerce and to Commissioner of Marketing and Tourism Bruce Hyde.

H.R. 24

House resolution recognizing William McKibben and students from Middlebury College for their insightful leadership and foresight on climate change policy

Offered by: Representatives Jewett of Ripton, Clarkson of Woodstock, Maier of Middlebury and Nuovo of Middlebury

Whereas, William (Bill) McKibben is an author who has directed his talents as an author and journalist to advocate on behalf of planet Earth’s well-being, and

Whereas, he learned the journalist’s craft at the Harvard Crimson which he led as that distinguished college newspaper’s president, and, immediately after graduation, joined the staff of the New Yorker, a bastion of in-depth issue-related journalism, where he wrote many “Talk of the Town” columns and became increasingly concerned about issues related to climate change, and


Whereas, since 1989, when his first book, End of Nature, was published, and most recently in his book Deep Economy: The Wealth of Communities and the Durable Future, his writing has focused on the changes to Earth’s climate, the causes, and possible alternative societal models to swing the pendulum away from the disastrous future that he foresees if humankind does not change its lifestyle, and

Whereas, he wrote of his love and respect for the outdoors in his recent book, Wandering Home, and

Whereas, aside from his career as a published author, Bill McKibben has taken on the roles of teacher and activist, serving as a scholar-in-residence at Middlebury College and as an organizer committed to triggering a fundamental shift in national climate policy, and

Whereas, Bill McKibben and seven recent Middlebury College graduates created a new organization called Step It Up with the stated goal of convincing Congress to enact public policies that will result in an 80-percent reduction of carbon emissions by the year 2050, and

Whereas, as the organization’s first national political show of force, it arranged 1,400 rallies and educational events in all 50 states and the District of Columbia that occurred on Saturday, April 14, 2007, and

Whereas, Bill McKibben and his cohort of young organizers are continuing their vital national education and lobbying campaign to convince Congress and all Americans that climate change is a topic of the greatest national importance, now therefore be it


That this legislative body recognizes William McKibben and students from Middlebury College for their leadership on climate change, and be it further

Resolved: That the clerk of the house be directed to send a copy of this resolution to Bill McKibben and to Step It Up in Burlington.

H.R. 25

House resolution congratulating Mary Claire Carroll on being recognized for her work to advance the cultural and economic status of women

Offered by: Representatives Barnard of Richmond, Ancel of Calais, Anderson of Montpelier, Andrews of Rutland City, Aswad of Burlington, Clark of Vergennes, Clarkson of Woodstock, Donovan of Burlington, Evans of Essex, Fallar of Tinmouth, Fisher of Lincoln, Flory of Pittsford, Gervais of Enosburg, Grad of Moretown, Haas of Rochester, Hosford of Waitsfield, Jewett of Ripton, Larson of Burlington, Lenes of Shelburne, Leriche of


Hardwick, Lippert of Hinesburg, Livingston of Manchester, Maier of Middlebury, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCullough of Williston, McDonald of Berlin, Miller of Shaftsbury, Mook of Bennington, Morley of Barton, Nuovo of Middlebury, Pellett of Chester, Peterson of Williston, Scheuermann of Stowe, Sweaney of Windsor and Westman of Cambridge

Whereas, Mary Claire Carroll has devoted extensive thought, in constructive and creative ways, to advancing the economic status of women in Vermont, and

Whereas, her work has focused on her role as a political advocate, an organizational leader, and a highly artistic photographer, and

Whereas, since 1985, she has been a member of the Vermont Business and Professional Women, has served as the organization’s president, and currently serves as its equal payday chair, and

Whereas, from 1997 to 2001, Mary Claire Carroll has served on the Vermont Commission on Women’s economic equity committee, has co-organized equal payday events in Vermont on an annual basis for the past decade, and was instrumental in the general assembly’s adoption of the 2002 equal pay act, and

Whereas, Governor Dean appointed Mary Claire Carroll to a seat on the Vermont Commission on Women, and Speaker of the House Gaye Symington appointed her to a second term in 2005, and

Whereas, in recognition of her continuing advocacy on behalf of women’s economic well-being, Mary Claire Carroll has been named the 2007 State Small Business Administration Women in Business Champion, and

Whereas, Mary Claire Carroll is a gifted photographer who created the compelling and informative “Women Helping Women” exhibit that was on display in the state house during Women’s History Month in 2006, and focused on women who have made unique contributions to economic and cultural life in Vermont, and

Whereas, she is a founding board member of LEAD International (Leadership Education Action diversity) that sponsors the Marion Gray Memorial Scholarship Fund Women’s History Month Contest that honors the late Marion Gray who is a former LEAD chair, and

Whereas, the 2007 contest takes Mary Claire Carroll’s exhibit as its inspiration, and it is based on the 2007 Women’s History Month theme “Generations of Women Moving History Forward,” and


Whereas, each student participating in this year’s contest interviewed and photographed an individual woman and created a collage of six photos with descriptive captions, and

Whereas, at a state house reception, LEAD recognized Mary Claire Carroll for her role as an extraordinary advocate for women and as a gifted photographic artist, now therefore be it


That this legislative body congratulates Mary Claire Carroll on being recognized for her political and artistic advocacy on behalf of the cultural and economic status of women, and be it further

Resolved: That the clerk of the house be directed to send a copy of this resolution to Mary Claire Carroll.

House Resolution Referred to Committee

H.R. 26

Reps. Keenan of St. Albans City, Allard of St. Albans Town, Aswad of Burlington, Atkins of Winooski, Bissonnette of Winooski, Botzow of Pownal, Chen of Mendon, Cheney of Norwich, Condon of Colchester, Consejo of Sheldon, Copeland-Hanzas of Bradford, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Evans of Essex, Fitzgerald of St. Albans City, Gervais of Enosburg, Godin of Milton, Head of S. Burlington, Heath of Westford, Howard of Rutland City, Howrigan of Fairfield, Hutchinson of Randolph, Kitzmiller of Montpelier, Krawczyk of Bennington, Kupersmith of S. Burlington, Larson of Burlington, Livingston of Manchester, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of Coventry, Martin of Springfield, Masland of Thetford, McCormack of Rutland City, McFaun of Barre Town, Milkey of Brattleboro, Minter of Waterbury, Mook of Bennington, Nuovo of Middlebury, Obuchowski of Rockingham, Pearson of Burlington, Perry of Richford, Potter of Clarendon, Shand of Weathersfield, Sharpe of Bristol, Spengler of Colchester, Sweaney of Windsor, Trombley of Grand Isle and Zuckerman of Burlington offered a joint resolution, entitled

House resolution relating to the federal “fast track” process of congressional review of international trade;

Whereas, the state of Vermont benefits greatly from international trade, which is responsible for a greater percentage of its gross state product than is the case for any other state, and


Whereas, to a considerable degree, the state’s success in international trade is tied to the fact that the character, beauty, and environment of the state itself, the Vermont brand, and Vermont products are internationally recognized to be of high quality, and

Whereas, Vermont’s laws, which generations of sensible and independent civic-minded citizen legislators developed, are a major reason why the products produced within the state achieve that quality and why the state itself remains attractive and open to foreign visitors, service providers, and investors alike, and

Whereas, the so-called “fast track” authority for international trade agreements is due to expire on June 30, 2007, and

Whereas, significant and troubling questions have developed with respect to the continuing ability of states to retain their unique character, environmental controls, quality of life, and specialty products, and

Whereas, under “fast track” rules, congressional review of complex trade agreements is restricted to an up-or-down vote, after limited time for legislative consideration, and without possibility of amendments, and

Whereas, the relationship among the states, the federal government, foreign investors, foreign countries, and tribunals consisting of international trade attorneys has evolved during the existence of “fast track” in ways that could not have been anticipated, and that the founders most likely would not have tolerated, and

Whereas, the fast track system governing international trade agreements strains the bounds of our Constitutional framework, and

Whereas, despite the variety of significant impacts that trade and investment agreements have been demonstrated to have on state governance, taxation authority, environmental protection, land use regulation, and many other areas of intense state interest, states and local governments have not yet received assurances that their concerns will be adequately addressed in any “fast track” renewal process, and

Whereas, in the absence of improvements in this Congressional review process, the ironic result may be that international trade agreements that are intended to help states increase their mutually beneficial involvement in international trade may destroy the ability of a state such as Vermont to retain and develop the very laws and individuality that make it attractive to foreign visitors and investors, and that make its products desirable worldwide, now therefore be it



That Congress should not extend “fast track” in its current form beyond the current expiration date, and be it further

Resolved: That federal legislation should clarify the negotiating agenda of the United States Trade Representative in a way that establishes a much stronger role for the states, which in turn must be prepared to communicate their concerns to the federal executive branch and to Congress, and be it further

Resolved: That Congress should consider seriously the following requirements in drafting any legislation governing future international trade agreements, including:

(1) The federal government should provide each state better economic data and trade impact-related information together with resources to conduct its own studies regarding the likely effects of a particular trade agreement on the laws, people, businesses, and natural resources of the state;

(2) Each state desiring should have the opportunity for meaningful policy input regarding those provisions trade agreements should include and subjects they should address;

(3) States’ legislative, in addition to gubernatorial, concurrence is essential when the United States Trade Representative asks states if they chose to waive present and future options for self determination in return for the benefits expected from a particular trade agreement;

(4) Federal legislation on trade and agreements entered under this legislative authority should be revised to acknowledge explicitly that facilitating international trade is not the only goal of federal policy, and must be drafted to assure that other important state and local values are accorded due consideration and respect;

(5) Trade agreements should be drafted to limit, to the greatest extent practical, intentionally vague terms that are left to international tribunals to construe, which, experience shows, may adversely and unpredictably affect crucially important state and local laws, including land use and environmental protection statutes;

(6) Trade agreements should include requirements that any dispute resolution procedures give due deference to rational state policy decisions;

(7) “Necessity tests” and other commitments that subordinate state and local decision-making to “least trade restrictive” international standards should be rejected;


(8) Foreign investors should not be empowered to sue the United States directly before international tribunals, a power that is likely to accord them greater substantive rights than United States’ investors;

(9) States should be reimbursed any costs incurred in participating in the United States defense against attacks before international tribunals that are based on state laws; and

(10) As a matter of intergovernmental policy, not to mention federal constitutional law, state and federal court determinations should not be subject to relitigation before international tribunals, and be it further

Resolved: That Congress must retain the ability in any extension of trade promotion authority to review fully and amend any current or future international trade agreements to assure that they comply with substantive Congressional requirements, and be it further

Resolved: That the clerk of the house be directed to send a copy of this resolution to U.S. Trade Representative Ambassador Susan Schwab, to the National Conference of State Legislatures in Washington, D.C., to Governor Douglas, and to the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Commerce.

Joint Resolution Adopted

J.R.H. 41

Joint resolution, entitled

Joint resolution creating an interim study committee on legislative ethics;

Offered by: Committee on Rules


That an interim committee on legislative ethics is created and shall consist of five persons, with the current and former legislative members representing each political party currently represented in the general assembly, including: two former members of the general assembly, one of whom shall be appointed by the speaker of the house and one by the senate committee on committees; two members of the general assembly who have each served a minimum of 10 years in the legislature, one of whom shall be appointed by the speaker of the house and one by the senate committee on committees; and one person who shall not be a current or former member of the general assembly to be appointed jointly by the speaker of the house and the president pro tempore of the senate, and be it further


Resolved: That the committee shall be directed to:

(1) Evaluate and make recommendations on whether more guidance needs to be provided to members of the general assembly on legislative ethics; and

(2) Review other states that have a citizen legislature and compare those states’ legislative ethics laws and rules with those of Vermont, and be it further

Resolved: That the committee is authorized to meet no more than three times during the 2007 legislative interim and shall submit a report of its findings and recommendations to the house and senate committees on rules on or before December 15, 2007, and be it further

Resolved: That all persons serving on the committee shall be entitled to per diem compensation and reimbursement as provided to members of standing committees under section 406(a) of Title 2.

Was taken up and adopted on the part of the House.

Remarks Journalized

On motion of Rep. Mrowicki of Putney, the following remarks by Rep. Aswad of Burlington were ordered printed in the Journal:

“Madam Speaker:

Good morning:

The devotions leader scheduled for today was unable to be here today. I have been tapped as the designated alternate; so bear with me.

Memorial Day will be celebrated this year on Monday, May 28th. When I was a boy, we called it Decoration Day; the day we decorated the graves of our loved ones, friends and fallen heroes with wreaths, flowers and flags.

Since we will have adjourned and not be in session that day, I have chosen to help this body commemorate that significant holiday by reading a civil war letter that was memorialized in Ken Burns’ documentary film: “The Civil War”:

A week before the Battle of Bull Run Sullivan Ballou, a Major in the 2 nd

Rhode Island Volunteers, wrote home to his wife in Smithfield.

“July 14, 1861Camp Clark, Washington DC

Dear Sarah:


The indications are very strong that we will move in a few days – perhaps tomorrow. And lest I should not be able to write you again I feel impelled to write a few lines that may fall under your eye when I am no more.

I have no misgivings about, or lack of confidence in the cause in which I am engaged, and my courage does not halt or falter. I know how American Civilization now leans upon the triumph of the government and how great a debt we owe to those who went before us through the blood and suffering of the Revolution. And I am willing – perfectly willing – to lay down all my joys in this life, to help maintain this government, and to pay that debt.

Sarah, my love for you is deathless, it seems to bind me with mighty cables that nothing but omnipotence can break; and yet my love of country comes over me like a strong wind and bears me irresistibly with all those chains to the battle field. The memory of all the blissful moments I have enjoyed with you come crowding over me, and I feel most deeply grateful to God and you, that I have enjoyed them for so long. And how hard it is for me to give them up and burn to ashes the hopes and future years, when, God willing, we might still have lived and loved together, and see our boys grown up to honorable manhood around us.

If I do not return, my dear Sarah, never forget how much I love you, nor that when my last breath escapes me on the battlefield, it will whisper your name....

Forgive my many faults, and the many pains I have caused you. How thoughtless, how foolish I have sometimes been!...

But, O Sarah, if the dead can come back to this earth and flit unseen around those they love, I shall always be with you, in the brightest day and in the darkest night…. always, always. And when the soft breeze fans your cheek, it shall be my breath, or the cool air your throbbing temple, it shall be my spirit passing by.

Sarah do not mourn me dead; think I am gone and wait for me, for we shall meet again….”

____________________

Sullivan Ballou was killed a week later at the 1st Battle of Bull Run.

Have a meaningful Memorial Day. Peace be with you!”


Rules Suspended; Bill Committed

H. 549

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to waterfront buffer zones;

Was taken up for immediate consideration.

Pending second reading of the bill, on motion of Rep. Adams of Hartland, the bill was committed to the committee on Fish, Wildlife and Water Resources.

Member Replaced on Committee of Conference

H. 148

The Speaker announced that she has appointed Rep. Haas of Rochester to replace Rep. Andrews of Rutland City on the Committee of Conference on House bill, entitled

An act relating to the child abuse registry;

Committee of Conference Appointed

S. 133

Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled

An act relating to the requirements for an application to be a designated new town center;

The Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Grad of Moretown Rep. Donaghy of Poultney Rep. Minter of Waterbury

Committee of Conference Appointed

S. 143

Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled

An act relating to authorizing the use of racing fuel containing the additive MTBE or other gasoline ethers;


The Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Minter of Waterbury Rep. Westman of Cambridge Rep. Deen of Westminster

Rep. Jewett of Ripton in Chair.

Bill Read Third Time and Passed in Concurrence with Proposal of Amendment

S. 92

Senate bill, entitled

An act relating to groundwater mapping;

Was taken up, and pending third reading of the bill, Rep. LaVoie of Swanton moved to amend the House proposal of amendment as follows:

By striking Secs. 3 and 4 in their entirety and inserting in lieu thereof the following:

Sec. 3. 10 V.S.A. chapter 48, subchapter 6 is added to read:

Subchapter 6. Water Withdrawal Reporting

§ 1417. WATER WITHDRAWAL REPORTING

(a) As used in this subchapter:

(1) “Groundwater” means water below the land surface.

(2) "Withdrawal" means the removal of groundwater from one source by any method or instrument. All groundwater withdrawals from a particular source that are made or controlled by a single person are considered to be a single withdrawal of water.

(b) On or before July 1, 2008, the secretary of natural resources shall conduct a survey of any person withdrawing in excess of 35,000 gallons of groundwater on any day during the previous year ending June 30. The survey shall request information on estimated water use, the purpose or general use of the water withdrawn, the type or method of groundwater withdrawal, and the general location of the withdrawal.

(c) The following are exempt from the survey required under subsection (b) of this section:

(1) A groundwater withdrawal for fire suppression or other public emergency purposes;


(2) A withdrawal for use in farming, as that term is defined in section 6001 of this title;

(3) A withdrawal for use in agricultural or dairy processing;

(4) A withdrawal reported to the agency of natural resources under any program that requires the reporting of substantially similar data; and

(5) Ordinary household use.

Sec. 4. AGENCY OF NATURAL RESOURCES REPORT

On or before January 15, 2011, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy with a recommendation as to whether the state should implement a groundwater withdrawal reporting program. If the report recommends a reporting program, the agency of natural resources shall also recommend the parameters of the reporting program, including recommended rulemaking authority for the agency of natural resources.

Pending the question, Shall the House amend the House proposal of amendment as recommended by Rep. LaVoie of Swanton? Rep. LaVoie of Swanton 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 House amend the House proposal of amendment as recommended by Rep. LaVoie of Swanton? was decided in the negative. Yeas, 49. Nays, 86.

Those who voted in the affirmative are:Acinapura of BrandonAdams of HartlandAllard of St. Albans TownBaker of West RutlandBostic of St. JohnsburyBranagan of GeorgiaBrennan of ColchesterCanfield of Fair HavenClark of St. JohnsburyClark of VergennesClerkin of HartfordConsejo of SheldonDevereux of Mount HollyDonaghy of PoultneyDonahue of NorthfieldErrecart of ShelburneFlory of Pittsford

Howrigan of FairfieldHube of LondonderryHudson of LyndonJohnson of CanaanKilmartin of Newport CityKoch of Barre TownKomline of DorsetKrawczyk of BenningtonLarocque of BarnetLarrabee of DanvilleLaVoie of SwantonLawrence of LyndonManwaring of WilmingtonMarcotte of CoventryMcAllister of HighgateMcDonald of BerlinMcFaun of Barre Town

Monti of Barre CityMorrissey of BenningtonMyers of EssexOtterman of TopshamOxholm of VergennesPeaslee of GuildhallPerry of RichfordRodgers of GloverScheuermann of StoweStevens of ShorehamSunderland of Rutland TownValliere of Barre CityWestman of CambridgeWheeler of DerbyWinters of Williamstown


Those who voted in the negative are:Anderson of MontpelierAndrews of Rutland CityAswad of BurlingtonAtkins of WinooskiAudette of S. BurlingtonBissonnette of WinooskiBotzow of PownalBray of New HavenBrowning of ArlingtonChen of MendonCheney of NorwichClarkson of WoodstockCondon of ColchesterCopeland-Hanzas of BradfordCorcoran of BenningtonCourcelle of Rutland CityDavis of WashingtonDeen of WestminsterDonovan of BurlingtonDostis of WaterburyEdwards of BrattleboroEmmons of SpringfieldEvans of EssexFallar of TinmouthFisher of LincolnFitzgerald of St. Albans CityFrank of UnderhillFrench of Randolph

Gervais of EnosburgGilbert of FairfaxGodin of MiltonGrad of MoretownHaas of RochesterHead of S. BurlingtonHosford of WaitsfieldHoward of Rutland CityHunt of EssexHutchinson of RandolphJerman of EssexJohnson of South HeroKeenan of St. Albans CityKeogh of BurlingtonKitzmiller of MontpelierKlein of East MontpelierKupersmith of S. BurlingtonLenes of ShelburneLeriche of HardwickLorber of BurlingtonMaier of MiddleburyMalcolm of PawletMarek of NewfaneMartin, C. of SpringfieldMartin of WolcottMasland of ThetfordMcCormack of Rutland CityMcCullough of WillistonMilkey of Brattleboro

Miller of ShaftsburyMinter of WaterburyMitchell of BarnardMook of BenningtonMoran of WardsboroMrowicki of PutneyNease of JohnsonNuovo of MiddleburyObuchowski of RockinghamOjibway of HartfordOrr of CharlottePartridge of WindhamPearson of BurlingtonPellett of ChesterPeltz of WoodburyPeterson of WillistonPillsbury of BrattleboroPotter of ClarendonPugh of S. BurlingtonRandall of TroyShand of WeathersfieldSharpe of BristolSmith of MorristownSpengler of ColchesterSweaney of WindsorTrombley of Grand IsleWeston of BurlingtonZenie of ColchesterZuckerman of Burlington

Those members absent with leave of the House and not voting are:Ainsworth of RoyaltonAncel of CalaisBarnard of RichmondHeath of WestfordHelm of Castleton

Larson of BurlingtonLippert of HinesburgLivingston of ManchesterMorley of BartonO'Donnell of Vernon

Shaw of DerbySymington of JerichoTurner of MiltonWright of Burlington

Rep. Hosford of Waitsfield explained her vote as follows:

“Madam Speaker:

We need a careful and sustained collection of information about groundwater and with S. 92 we will have it.

Water is a shared resource that every Vermonter depends on to a greater or lesser extent.


This amendment, which calls for a survey rather than reports, will not give us the level of understanding that we need.

For this reason, I voted “no” on the amendment.”

Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass in concurrence with proposal of amendment? 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 in concurrence with proposal of amendment? was decided in the affirmative. Yeas, 107. Nays, 33.

Those who voted in the affirmative are:Acinapura of BrandonAdams of HartlandAncel of CalaisAnderson of MontpelierAndrews of Rutland CityAswad of BurlingtonAtkins of WinooskiAudette of S. BurlingtonBarnard of RichmondBissonnette of WinooskiBostic of St. JohnsburyBotzow of PownalBray of New HavenBrowning of ArlingtonChen of MendonCheney of NorwichClarkson of WoodstockClerkin of HartfordCondon of ColchesterConsejo of SheldonCopeland-Hanzas of BradfordCorcoran of BenningtonCourcelle of Rutland CityDavis of WashingtonDeen of WestminsterDevereux of Mount HollyDonahue of NorthfieldDonovan of BurlingtonDostis of WaterburyEdwards of BrattleboroEmmons of SpringfieldErrecart of ShelburneEvans of EssexFallar of Tinmouth

Fisher of LincolnFitzgerald of St. Albans CityFrank of UnderhillFrench of RandolphGervais of EnosburgGilbert of FairfaxGodin of MiltonGrad of MoretownHaas of RochesterHead of S. BurlingtonHeath of WestfordHosford of WaitsfieldHoward of Rutland CityHunt of EssexHutchinson of RandolphJerman of EssexJohnson of South HeroJohnson of CanaanKeenan of St. Albans CityKeogh of BurlingtonKitzmiller of MontpelierKlein of East MontpelierKoch of Barre TownKupersmith of S. BurlingtonLarson of BurlingtonLenes of ShelburneLeriche of HardwickLorber of BurlingtonMaier of MiddleburyMalcolm of PawletManwaring of WilmingtonMarek of NewfaneMartin, C. of SpringfieldMartin of WolcottMasland of Thetford

McCormack of Rutland CityMcCullough of WillistonMcFaun of Barre TownMilkey of BrattleboroMiller of ShaftsburyMinter of WaterburyMitchell of BarnardMonti of Barre CityMook of BenningtonMoran of WardsboroMrowicki of PutneyNease of JohnsonNuovo of MiddleburyObuchowski of RockinghamOjibway of HartfordOrr of CharlotteOxholm of VergennesPartridge of WindhamPearson of BurlingtonPellett of ChesterPeltz of WoodburyPerry of RichfordPeterson of WillistonPillsbury of BrattleboroPotter of ClarendonPugh of S. BurlingtonRandall of TroyScheuermann of StoweShand of WeathersfieldSharpe of BristolSpengler of ColchesterStevens of ShorehamSweaney of WindsorTrombley of Grand IsleWestman of Cambridge


Weston of Burlington Zenie of Colchester Zuckerman of Burlington

Those who voted in the negative are:Allard of St. Albans TownBaker of West RutlandBranagan of GeorgiaBrennan of ColchesterCanfield of Fair HavenClark of St. JohnsburyClark of VergennesDonaghy of PoultneyFlory of PittsfordHowrigan of FairfieldHube of Londonderry

Hudson of LyndonKilmartin of Newport CityKomline of DorsetKrawczyk of BenningtonLarocque of BarnetLarrabee of DanvilleLaVoie of SwantonLawrence of LyndonLivingston of ManchesterMarcotte of CoventryMcAllister of Highgate

McDonald of BerlinMorrissey of BenningtonMyers of EssexOtterman of TopshamPeaslee of GuildhallRodgers of GloverSunderland of Rutland TownTurner of MiltonValliere of Barre CityWheeler of DerbyWinters of Williamstown

Those members absent with leave of the House and not voting are:Ainsworth of RoyaltonHelm of CastletonLippert of Hinesburg

Morley of BartonO'Donnell of VernonShaw of Derby

Smith of MorristownSymington of JerichoWright of Burlington

Resolution Committed

J.R.H. 38

Joint resolution, entitled

Joint resolution relating to the safety of compact fluorescent light bulbs;

Appearing on the Calendar for action, was taken up and pending the question, Shall the resolution be adopted? on motion of Rep. McCullough of Williston, the bill was committed to the committee on Fish, Wildlife and Water Resources.

Recess

At twelve o’clock and twenty-five minutes in the afternoon, the Speaker declared a recess until one o’clock and thirty minutes in the afternoon.

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



Madam Speaker:

I am directed to inform the House that the Senate has considered a bill originating in the House of the following title:


H. 433. An act relating to the next generation initiative of workforce development through workforce development programs and internships.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 37. Joint resolution recognizing Charles Edward Taylor’s significant contributions to the advancement of aviation mechanics and designating May 24 as Aviation Maintenance Technician Day.

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

The Senate has considered joint resolutions originating in the House of the following titles:

J.R.H. 35. Joint resolution designating May 8 as Children’s Mental Health Day at the State House.

J.R.H. 36. Joint resolution recognizing that all Vermont firefighters and emergency medical services (EMS) personnel provide a professional level of services to their communities.

And has adopted the same in concurrence.

Joint Resolution Placed on Calendar

The Speaker placed before the House the following resolution which was read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.S. 37

By Senators Campbell and Bartlett,

Joint resolution recognizing Charles Edward Taylor's significant contributions to the advancement of aviation mechanics and designating May 24 as Aviation Maintenance Technician Day.

Whereas, Charles Taylor was born on May 24, 1869, in the state of Illinois, and

Whereas, in 1902, he began working as a machinist for Orville and Wilbur Wright at the Wright Cycle Company in Dayton, Ohio, and

Whereas, within six weeks, Charles Taylor, using only a lathe and drill press, built the first engine used to power the Wright Flyer, and

Whereas, his ingenuity earned him a place in aviation history when the Wright Brothers flew their airplane successfully on December 17, 1903, and


Whereas, he designed engines for the Wright Brothers and later taught them how to build aircraft engines, and

Whereas, in 1908, Charles Taylor accompanied Orville Wright to Fort Meyer, Virginia, for United States government airplane test flights, and, in 1909, he accompanied Wilbur Wright to New York for the Hudson–Fulton flights, and

Whereas, Charles Taylor served as lead mechanic for Calbraith Rodgers who made his first transcontinental flight in 1911, and

Whereas, he had a successful career in aviation maintenance for more than 60 years until his death in 1956, and

Whereas, the Federal Aviation Administration honored him with the establishment of the Charles Edward Taylor Master Mechanic Award, which recognizes persons with 50 years or more of aviation maintenance experience, and

Whereas, a national effort is underway to designate May 24 each year, in as many states as possible, as Aviation Maintenance Technician Day, in honor of Charles Edward Taylor, now therefore be it


That the General Assembly recognizes Charles Taylor’s significant contributions to the advancement of aviation mechanics, and be it further

Resolved: That the General Assembly urges Vermonters to participate in commemorative activities marking the 103rd anniversary of the Wright Brothers’ first airplane flight, and be it further

Resolved: That the Secretary of State be directed to send two copies of this resolution to the Aviation Maintenance Technicians Association in Chula Vista, California.

Rules Suspended; Proposal of Amendment Agreed to;Third Reading Ordered; Rules Suspended; Bill Read Third Time and

Passed in Concurrence with Proposal of Amendment

S. 170

On motion of Rep. Adams of Hartland, the rules were suspended and Senate bill, entitled

An act relating to the rights of family members, funeral directors and crematory operators concerning the disposition of bodily remains and funeral goods and services;


Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Devereux of Mount Holly, for the committee on Government Operations, to which the bill had been referred reported in favor of its passage in concurrence with proposal of amendment as follows:

In Sec. 5, 18 V.S.A. § 5201(c), after the words “in Vermont until the person” by adding the words “in charge of the body” and after the words “person in charge of the body” by striking the words “by the”.

Rep. Howard of Rutland City, for the committee on Ways and Means, recommended the bill ought to pass in concurrence when amended as recommended by the committee on Government Operations.

Thereupon the bill was read the second time and the recommendation of proposal of amendment agreed to and third reading ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage in concurrence with proposal of amendment. The bill was read the third time and passed in concurrence with proposal of amendment.

Senate Proposal of Amendment Concurred in

S. 167


An act relating to voter registration;

The Senate has concurred in the House proposal of amendment with the following amendment thereto:

By striking Secs. 2, 3, 4, 4a, 5 and 5a in their entirety.

Which proposal of amendment was considered and concurred in.

Rules Suspended; Report of Committee of Conference Adopted

H. 154

On motion of Rep. Adams of Harland, the rules were suspended and House bill, entitled

An act relating to stormwater management;



The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the House recede from its further proposal amendment in its concurrence and that the bill be amended as follows:

First: By adding Secs. 4, 5, 6, 6a, 6b, 6c and 7 to read as follows:

Sec. 4. AGENCY OF NATURAL RESOURCES REPORT ON IMPLEMENTATION OF STORMWATER TMDLS

(a) Beginning January 15, 2008, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture regarding agency progress in establishing and implementing the total maximum daily load (TMDL) plan for Lake Champlain. Beginning January 15, 2009, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy regarding agency progress in establishing and implementing the TMDLs for the stormwater-impaired waters of the state. Prior to issuing the reports required under this section, the agency of natural resources shall hold a public hearing in the Lake Champlain watershed and each watershed of a stormwater-impaired water for which a permit has been issued implementing a total maximum daily load. The reports required by this section shall include:

(1) An assessment of the implementation plan for the TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2) An assessment of the hydrologic targets of the TMDL based on available data, including an evaluation of the adequacy of the hydrologic targets of the TMDL;

(3) Recommendations, if any, for amending an implementation plan or reopening a TMDL.

(b) On or before January 15, 2008, the agency of natural resources shall report t o the senate and house committee on institutions, the house committee on fish, wildlife and water resources, and the senate committee on natural resources and energy regarding methods for and the cost of reducing phosphorus discharges from wastewater treatment facilities in the Lake


Champlain basin. The report required by this section may be combined with the report required under subsection (a) of this section regarding agency progress in establishing and implementing the TMDL for Lake Champlain. The report required by this subsection shall include:

(1) An analysis and summary of the existing phosphorus treatment practices at each wastewater treatment facility in the Lake Champlain basin;

(2) An analysis of each wastewater treatment facility in the Lake Champlain basin in order to determine the feasibility of each facility reducing the amount of phosphorus it discharges to state waters, including the treatment processes that each facility could implement in order to reduce additional phosphorus discharges;

(3) An estimate of the capital cost to each wastewater treatment facility in the Lake Champlain basin of implementing the phosphorus reduction treatment processes identified under subdivision (2) of this subsection; and

(4) Recommended incentives that would encourage wastewater treatment facilities in the Lake Champlain basin to reduce voluntarily phosphorus discharges.

Sec. 5. 10 V.S.A. chapter 47, subchapter 6 is added to read:

Subchapter 6. Lake Champlain Water Quality

§ 1385. LAKE CHAMPLAIN TOTAL MAXIMUM DAILY LOAD

(a)(1) The secretary of natural resources shall reopen the total maximum daily load (TMDL) plan for Lake Champlain as it pertains to the waters of Vermont in order to:

(A) Adopt a new hydrologic base year to reflect the average phosphorus load discharged to Lake Champlain between 1993 and 2004;

(B) Allocate point source and non-point source load reductions on a subwatershed basis;

(C) Ensure that the total annual phosphorus discharged by all wastewater treatment facilities in the aggregate does not exceed the total phosphorus load discharged to Lake Champlain by all wastewater treatment facilities in the aggregate in 2006 and to adjust aggregate total phosphorus load allocations to Lake Champlain accordingly; and

(D) Amend pollutant load allocations within the TMDL so as to reduce point source and non-point source load allocations in order to reasonably assure that the TMDL meets the Vermont water quality standards.


(2) The amended TMDL shall be submitted to the U.S. Environmental Protection Agency as required by 33 U.S.C. § 303.

(b) In addition to the requirements of subsection (a) of this section, the secretary of natural resources shall amend the Vermont-specific implementation plan of the Lake Champlain TMDL to include a strategy for identifying and targeting critical source areas for non-point source pollution in each subwatershed. For the purposes of this subsection, “critical source area” means an area in a watershed with high potential to release phosphorus to surface or subsurface runoff to waters of the state.

(c) In amending the TMDL for Lake Champlain under subsection (a) of this section and in amending the Vermont-specific implementation plan of the Lake Champlain TMDL under subsection (b) of this section, the secretary of natural resources shall comply with the public participation requirements of 40 C.F.R. § 130.7(c)(1)(ii).

Sec. 6. CLEAN AND CLEAR ACTION PLAN INDEPENDENT AUDIT

On or before January 15, 2008, the secretary of administration shall submit to the house and senate committees on appropriations, the house and senate committees on agriculture, the senate committee on natural resources and energy, and the house committee on fish, wildlife and water resources a program audit of the progress and efficacy of the clean and clear action plan, including a financial analysis of the utilization and spending of funds appropriated to the agency of natural resources and the agency of agriculture, food and markets as part of the clean and clear action plan. The audit shall be conducted by a qualified, independent environmental consultant or organization with knowledge of the clean water act, state water quality requirements and programs, and the program elements of the clean and clear action plan.

Sec. 6a. 10 V.S.A. § 1251a(c) is added to read:

(c) On or before January 15, 2008, the secretary of natural resources shall propose draft rules for an implementation process for the antidegradation policy in the water quality standards of the state. The implementation process for the antidegradation policy shall be consistent with the state water quality policy established in section 1250 of this title, the Vermont water quality standards, and any applicable requirements of the federal Clean Water Act. On or before July 1, 2008, a final proposal of the rules for an implementation process for the antidegradation policy shall be filed with the secretary of state under 1 V.S.A. § 841.

Sec. 6b. AGENCY OF NATURAL RESOURCES REPORT ON BASIN PLANNING


On or before January 15, 2008, the agency of natural resources shall report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources with a written proposal for utilizing the implementation process for the antidegradation policy required under 10 V.S.A. § 1251a to update the 17 basin plans of the state. The report shall include:

(1) A proposed, written procedure for utilizing the antidegradation implementation process to conduct basin planning;

(2) A summary of the benefits and disadvantages of utilizing the antidegradation process to conduct basin planning;

(3) An estimate of the cost to the agency of natural resources to conduct basin planning through utilization of the antidegradation process; and

(4) Any proposed amendments to the Vermont water quality standards that may be necessary to conduct basin planning using the antidegradation implementation process.

Sec. 6c. ADOPTION OF BASIN PLANS WITHOUT WATER MANAGEMENT TYPES

Notwithstanding the requirements of 10 V.S.A. § 1253(d) and subsection 1-02(D)(5) of the Vermont water quality standards, the secretary of natural resources, prior to July 1, 2008, may adopt revised basin plans for the basin of the West, Williams, and Saxton rivers and the basin of the Stevens, Wells, Waits, and Ompompanoosuc rivers without including proposals for water management types in Class B waters, provided that the plans adopted under this section shall be revised within two years of adoption and, upon revision, shall propose water management types or an alternative method of protecting water quality.

Sec. 7. EFFECTIVE DATE

(a) This section and Secs. 1 (secretary issuance of TMDLs), 2 (notice of deferral of permit), 3 (extension of interim stormwater permit program), 4 (agency of natural resources TMDL report), and 6 (clean and clear action plan audit), 6a (antidegradation implementation procedure), 6b (agency of natural resources report on basin planning), and 6c (adoption of basin plans without water management types) of this act shall take effect upon passage.

(b) Sec. 5 (Lake Champlain TMDL review and reopening) shall take effect July 1, 2008.


Virginia Lyons Loren ShawRobert Hartwell David DeenDiane Snelling Cynthia MartinCommittee on the part of the Senate Committee on the part of the House

Which was considered and adopted on the part of the House.


H. 449

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to foster care services and supports;




The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the House accede to the Senate proposal of amendment with further amendment by striking the existing Sec. 3 and inserting new Secs. 3, 4, and 5 to read:

Sec. 3. 33 V.S.A. § 1901(f) is added to read:

(f) The secretary shall not impose a prescription co-payment for individuals under age 21 enrolled in Medicaid or Dr. Dynasaur.

Sec. 4. STUDY ON TRANSITIONAL SERVICES FOR YOUTHS

The secretary of administration, in consultation with the secretary of human services, the commissioner of labor, the commissioner of disabilities, aging, and independent living, the commissioner of corrections, the commissioner for children and families, and the commissioner of education, shall study the costs and benefits of providing necessary transitional services up to age 22 for a youth who has a functional developmental disability and has been receiving state-funded services or services under an individualized education program (IEP) on or before the youth’s 18th birthday; or has been receiving state-funded services for severe emotional disturbance on or before his or her 18th birthday; in order to assist the youth in becoming a self-sufficient adult. The secretary of administration shall solicit and summarize in his or her final report input from consumers, providers, and representatives of disability


organizations, including the Vermont federation of families for mental health, the Vermont coalition of disability rights, the Vermont council of developmental and mental health services, and the Vermont developmental disabilities council. The secretary of administration shall report the results of this study to the house committee on human services and the senate committee on health and welfare not later than November 30, 2007.


This act shall become effective upon passage.

Douglas Racine Ann PughEdward Flanagan Patsy FrenchKevin Mullin Norman McAllisterCommittee on the part of the Senate Committee on the part of the House


Rules Suspended; Proposal of Amendment Agreed to;Third Reading Ordered; Rules Suspended; Bill Read Third Time and

Passed in Concurrence with Proposal of Amendment

S. 97

On motion of Rep. Komline of Dorset, the rules were suspended and Senate bill, entitled

An act relating to correctional facilities;


Rep. Lorber of Burlington, for the committee on Institutions, to which had been referred the bill reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 4 V.S.A. § 1102 is amended to read:

§ 1102. JUDICIAL BUREAU; JURISDICTION

* * *(b) The judicial bureau shall have jurisdiction of the following matters:

* * *(11) violations of 18 V.S.A. § 4234b(b), relating to selling ephedrine

base, pseudoephedrine base, or phenylpropanolamine base;


(12) violations of 18 V.S.A. § 4249, relating to the introduction of tobacco or tobacco products into a correctional facility.


§ 4249. TRANSPORTATION OF ALCOHOL, TOBACCO, OR REGULATED DRUGS INTO PLACES OF DETENTION

(a) No person shall knowingly carry or introduce or cause to be carried or introduced into a lockup, jail, prison, or correctional facility:

(1) alcohol, malt or vinous beverages, or spirituous liquor;

(2) marijuana; or

(3) a regulated drug, other than marijuana, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined in chapter 36 of Title 26; or

(4) tobacco or tobacco products, except that an employee may possess or store tobacco or tobacco products in a locked automobile parked on the correctional facility grounds, store tobacco or tobacco products in a secure place within the correctional facility which is designated for storage of employee tobacco, and possess tobacco or tobacco products in a designated smoking area.

(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more than three months or fined not more than $300.00, or both.

(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more than six months or fined not more than $500.00, or both.

(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil penalty of not more than $450.00 for the first offense and $900.00 for any subsequent offense. An action under this subsection shall be brought in the same manner as for a traffic violation pursuant to chapter 24 of Title 23.

(f) As used in this section, “correctional facility” means any secure or staff-secure building, enclosure, space, or structure of or supported by the department and used for the confinement of persons committed to the custody of the commissioner of corrections, or for any other matter related to such confinement.


§ 802. CORRESPONDENCE OF INMATES


(a) Any authorized employee of any correctional facility shall have the right to inspect all correspondence by or to inmates of the facility. The employee shall have the right to withhold and prevent the transmission of material intended to be sent through the mails by or to an inmate if the material is contraband as defined by the rules of the facility or constitutes a clear and present danger to the security of the facility.

(b) Notwithstanding the provisions of subsection (a) of this section, any correspondence from an inmate to any public official of the state or of the United States, shall not be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated, photographed, or examined in any way.

(c) An inmate shall not correspond through the mail with another inmate committed to the custody and supervision of the department of corrections, whether in the same facility or in a different facility, except as follows:

(1) To communicate with immediate family members who are inmates also in the custody and supervision of the department of corrections, subject to the prior approval of the superintendent or the superintendent’s designee.

(2) To communicate with other inmates where the inmate’s classification or treatment team deems the correspondence in the best interests of both parties.

(3) To communicate with another inmate regarding legal matters, so long as the superintendent or his or her designee knows the second inmate customarily offers legal advice to other inmates.

(4) To correspond with other inmates, so long as the correspondence has been approved by the superintendent or the superintendent’s designee at his or her sole discretion.

(d) Negative contact list.

(1) Except as provided in subsection (b) of this section, an inmate incarcerated at a department of corrections facility shall not correspond through the mail with any individual on the department of corrections’ negative contact list.

(2) An individual may be added to the negative contact list by notifying the department of corrections in writing that he or she does not wish to receive any correspondence through the mail from a particular inmate.

(3) A parent or authorized legal guardian of a minor may add the minor child to the negative contact list of any inmate who is not the parent of the child by notifying the department of corrections in writing that he or she does not wish the minor child to receive any correspondence through the mail from


a particular inmate. If the inmate is a parent of the minor, the inmate shall have the right to have contact with the minor, unless the inmate is prohibited by court order from contacting the child.

Sec. 4. 28 V.S.A. § 120(h) is amended to read:

(h) Required participation. All persons under the custody of the commissioner of corrections who are under the age of 22 23 and have not received a high school diploma shall participate in the education program unless exempted by the commissioner.

Sec. 5. 2 V.S.A. § 801 (b) and (c) are amended to read:

§ 801. CREATION OF COMMITTEE

* * *(b) The committee shall be composed of eight 10 members: four five

members of the house of representatives, who shall not all be from the same party, appointed by the speaker of the house; and four five members of the senate, who shall not all be from the same party, appointed by the committee on committees. In addition to one member-at-large appointed from each chamber, one appointment shall be made from each of the following house and senate committees: appropriations, judiciary, and institutions, the senate committee on health and welfare, and the house committee on human services.

(c) The committee shall elect a chair, vice chair, and clerk from among its members and shall adopt rules of procedure. The chair shall rotate biennially between the house and the senate members. The committee shall keep minutes of its meetings and maintain a file thereof. A quorum shall consist of five six members.

* * *Sec. 6. JOINT LEGISLATIVE CORRECTIONS OVERSIGHT

COMMITTEE; MENTAL HEALTH ISSUES; REDUCTION OF RECIDIVISM

(a) During the 2007 interim, the joint legislative corrections oversight committee shall engage policymakers, social scientists, and interested persons to:

(1) gather and review current and accurate data of the prevalence of current and recent inmates with serious mental illness, use the data to project the future acute care needs of all persons with serious mental illnesses who are or will be committed to corrections’ custody, and develop recommendations for legislative change that will meet these needs; and


(2) develop a strategic plan to reduce the number of Vermont offenders confined to corrections facilities by 30 percent within the ensuing 10 - year period.

(b) In working with data under subdivision (a)(1) of this section, the committee shall:

(1) Study the number of mental health hospital beds needed, including those required by:

(A) Inmates with acute mental health treatment needs.

(B) Criminal defendants committed for pre - trial forensic evaluation in an inpatient setting.

(C) Criminal defendants found incompetent to stand trial or insane at the time of the offense.

(2) Review policies from other states that address issues of mental health in inmate populations. The committee may consult with the National Council of State Legislatures or the Council of State Governments to meet the requirements of this subdivision.

(3) Consider whether a separate inpatient psychiatric facility, administered by the agency of human services, for inmates with severe mental illness would address the mental health needs of the inmate population.

(4) Consider whether “serious mental illness,” as defined in subdivision 906(1) of Title 28, should be amended to include other mental impairments that significantly and negatively affect daily functioning, including all forms of developmental disabilities, mental retardation, traumatic brain injury, autism, and various forms of dementia.

(5) Review the department of corrections’ policies governing the administration of drugs prescribed to treat mental health issues among the inmate population, including:

(A) The economic cost of current prescription policies.

(B) The effectiveness of prescription drugs in treating mental illness within the inmate population.

(C) Current trends in the use of particular categories of drugs to treat mental illness within the inmate population.

(D) The department’s policies regarding off - label usage of prescription drugs.


(c) In preparing the strategic plan required by subdivision (a)(2) of this section, the committee shall:

(1) Include projections for incarceration rates based on current department of corrections’ practices;

(2) Identify programs that aim to reduce recidivism and prevent crime;

(3) Consider alternatives to current sentencing practices, particularly for nonviolent, first - time offenders;

(4) Consult with interested persons and experts in the field to determine best practices which might lead to successful implementation of the strategic plan;

(5) Develop cost estimates of any resources needed to implement the strategic plan; and

(6) Include in its report a draft of any legislative action recommended to implement the strategic plan.

(d) The committee shall report to the general assembly:

(1) data gathered pursuant to subdivision (a)(1) of this section and its findings and recommendations for legislative action on or before October 15, 2007, and

(2) the strategic plan developed pursuant to subdivision (a)(2) of this section on or before January 15, 2008.

Sec. 7. COMMISSIONER OF CORRECTIONS; COMMISSIONER OF EDUCATION; MEMORANDUM OF UNDERSTANDING

On or before January 15, 2008, the commissioner of corrections and the commissioner of education shall provide to the house committee on institutions, the senate committee on judiciary, and the senate and house committees on education a copy of a memorandum of understanding executed and signed by the two commissioners as required by an interagency agreement required under Part B of the federal Individuals with Disabilities Education Act. The memorandum shall describe the legal, service provision, financial, and accounting roles and responsibilities of each of their agencies regarding special education services delivery by the Community High School of Vermont.

Thereupon, the bill was read the second time.

Pending the question, Shall the House propose to the Senate to amend the


bill as recommended by the committee on Institutions? Rep. Emmons of Springfield moved to amend the recommendation of proposal of amendment as offered by the committee on Institutions, as follows:

In Sec. 6 by striking Sec. 6 in its entirety and inserting in lieu thereof a new Sec. 6 to read:

Sec. 6. JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE; MENTAL HEALTH ISSUES; REDUCTION OF RECIDIVISM

(a) During the 2007 interim, the joint legislative corrections oversight committee shall:

(1) develop recommendations regarding the current and future needs of persons with mental illnesses who are or will be involved in the criminal justice or corrections systems; and

(2) engage policymakers, social scientists, and interested persons to develop a strategic plan to reduce the number of Vermont offenders confined to corrections facilities.

(b) In accomplishing its work under subdivision (a)(1) of this section, the committee shall coordinate with and consider the work of the consultant hired under No. 9 of the Acts of 2007 with respect to the impact of inmates and criminal defendants in inpatient settings to ensure that corrections mental health needs are integrated with the continuum of mental health care, including replacement of the services currently provided at the Vermont State Hospital. The committee shall:

(1) Assess current and accurate data on the prevalence of inmates who are in need of inpatient care and the number of inpatient psychiatric beds needed by:

(A) inmates with acute mental health treatment needs;

(B) criminal defendants committed for pre - trial forensic evaluation in an inpatient setting; and

(C) criminal defendants found incompetent to stand trial or insane at the time of the offense;

(2) Assess current and accurate data on the prevalence of inmates who can be prevented from requiring inpatient care through having their acute mental health needs met in an adequately staffed and fully programmed therapeutic residence within a correctional setting;


(3) Review policies from other states of similar population profiles that address issues of mental health in inmate populations. The committee may consult with the National Council of State Legislatures or the Council of State Governments to meet the requirements of this subdivision ; and

(4) Consider the best way to meet the mental health needs of the corrections population, including consideration of a separate inpatient facility.

(c) In preparing the strategic plan required by subdivision (a)(2) of this section, the committee shall:

(1) Include projections for incarceration rates based on current department of corrections’ practices;

(2) Identify programs that aim to reduce recidivism and prevent crime;

(3) Consider alternatives to current sentencing practices, particularly for nonviolent, first - time offenders;

(4) Consult with interested persons and experts in the field to determine best practices which might lead to successful implementation of the strategic plan;

(5) Develop cost estimates of any resources needed to implement the strategic plan; and

(6) Include in its report a draft of any legislative action recommended to implement the strategic plan.

(d) The committee shall also:

(1) Consider whether “serious mental illness,” as defined in subdivision 906(1) of Title 28, should be amended to include other mental impairments that significantly and negatively affect daily functioning, including all forms of developmental disabilities, mental retardation, traumatic brain injury, autism, and various forms of dementia.

(2) Review the department of corrections’ policies governing the administration of drugs prescribed to treat mental health issues among the inmate population, including:

(A) The economic cost of current prescription policies.

(B) The effectiveness of prescription drugs in treating mental illness within the inmate population.

(C) Current trends in the use of particular categories of drugs to treat mental illness within the inmate population.


(D) The department’s policies regarding off - label usage of prescription drugs.

(e) On or before January 15, 2008, the committee shall report its findings and recommendations for legislative action and the strategic plan developed pursuant to subdivision (a)(2) of this section to the general assembly.

Which was agreed to and the report of the committee on Institutions, as amended, was agreed to and third reading was ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage in concurrence with proposal of amendment. The bill was read the third time and passed in concurrence with proposal of amendment.

Rep. Carolyn Partridge of Windham in Chair.


S. 115

On motion of Rep. Adams of Hartland, the rules were suspended and Senate bill, entitled

An act relating to increasing transparency of prescription drug pricing and information;




The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the Senate accede to the House proposal of amendment.

Harry ChenSarah Copeland-HanzasSteven MaierCommittee on the part of the House

Mark MacDonaldAnn CummingsEdward FlanaganCommittee on the part of the Senate




H. 229

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to corrections and clarifications to the health care affordability act of 2006 and related legislation



The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the Senate recede from the first and third proposals of amendment and the House accede to the second, fourth, and fifth Senate proposals of amendment, and recommends further proposals of amendments, as follows:

First: By striking out Sec. 11 and inserting a new Sec. 11 to read:

Sec. 11. 33 V.S.A. § 1974(b) and (c) are amended to read:

(b) VHAP-eligible premium assistance.

* * *

(3) The agency shall determine whether it is cost-effective to the state to enroll an individual in an approved employer-sponsored insurance plan with the premium assistance under this subsection as compared to enrolling the individual in the Vermont health access plan. If the agency determines that it is cost-effective, the individual shall be required to enroll in the approved employer-sponsored plan as a condition of continued assistance under this section or coverage under the Vermont health access plan, except that dependents who are children of eligible individuals shall not be required to enroll in the premium assistance program. Notwithstanding this requirement, an individual shall be provided benefits under the Vermont health access plan until the next open enrollment period offered by the employer or insurer. The agency shall not consider the medical history, medical conditions, or claims history of any individual for whom cost - effectiveness is being evaluated.

(c) Uninsured individuals; premium assistance.

(1) For the purposes of this subsection:


* * *

(B) “Uninsured” means an individual who does not qualify for Medicare, Medicaid, the Vermont health access plan, or Dr. Dynasaur and had no private insurance or employer-sponsored coverage that includes both hospital and physician services within 12 months prior to the month of application, or lost private insurance or employer-sponsored coverage during the prior 12 months for the following reasons:

(i) the individual’s coverage ended because of:

(I) loss of employment, unless the employer has terminated its employees for the primary purpose of discontinuing employer - sponsored coverage and establishing their eligibility for Catamount Health;

(II) death of the principal insurance policyholder;

(III) divorce or dissolution of a civil union;

(IV) no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(V) no longer qualifying for receiving COBRA, VIPER, or other state continuation coverage; or

(ii) college- or university-sponsored health insurance became unavailable to the individual because the individual graduated, took a leave of absence, or otherwise terminated studies.

* * *

(5) The agency shall determine whether it is cost-effective to the state to require the individual to purchase the approved employer-sponsored insurance plan with premium assistance under this subsection instead of Catamount Health established in section 4080f of Title 8 with assistance under subchapter 3a of chapter 19 of this title. If providing the individual with assistance to purchase Catamount Health is more cost-effective to the state than providing the individual with premium assistance to purchase the individual’s approved employer-sponsored plan, the state shall provide the individual the option of purchasing Catamount Health with assistance for that product. An individual may purchase Catamount Health and receive Catamount Health assistance until the approved employer-sponsored plan has an open enrollment period, but the individual shall be required to enroll in the approved employer-sponsored plan in order to continue to receive any assistance. The agency shall not consider the medical history, medical conditions, or claims history of any individual for whom cost - effectiveness is being evaluated.


Second: In Sec. 27, 21 V.S.A. § 2002 (definitions), at the end of subdivision (3), by striking “that is not supported by state funding” and inserting in lieu thereof “except VHAP or Medicaid”

Third: In Sec. 27, 21 V.S.A. § 2002 (definitions), in subdivision (4)(A), by striking “f ewer than 20 weeks ” and inserting “20 weeks or fewer”

Fourth: In Sec. 27, 21 V.S.A. § 2003 (health care fund contribution assessment), in subsection (c), after the fourth sentence, by adding “The department shall develop a form that inquires of the health coverage status of an employee in a manner that, to the greatest extent possible, preserves the confidentiality of the type of coverage possessed by the employee. For the purpose of the employer assessment, employers shall only use this form to determine the health coverage status of an employee.

Fifth: In Sec. 28, 21 V.S.A. § 561 (health coverage status discrimination prohibited), in subdivision (b)(1), after “among applicants”, by adding “or employees” and in subdivision (b)(2)(B), before the period, by adding “, provided that the inquiry conforms to the employer obligations in chapter 25 of this title”

Douglas RacineKevin MullinVirginia LyonsCommittee on the part of the Senate

Lucy LericheSteven MaierFrancis McFaunCommittee on the part of the House


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:

S. 97Senate bill, entitled

An act relating to correctional facilities;


An act relating to voter registration;



An act relating to the rights of family members, funeral directors and crematory operators concerning the disposition of bodily remains and funeral goods and services;

S. 115


An act relating to increasing transparency of prescription drug pricing and information;

Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith

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

H. 154

House bill, entitled

An act relating to stormwater management;

H. 229


An act relating to corrections and clarifications to the health care affordability act of 2006 and related legislation;

H. 449


An act relating to foster care services and supports;

Recess

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

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


H. 15



An act relating to a statewide school calendar;



TO THE SENATE AND HOUSE OF REPRESENTATIVES:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposals of amendment and that the bill as approved by the House be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. FINDINGS; INTENT

(a) The general assembly finds:

(1) School districts need to find ways to collaborate in order to maintain concurrent schedules, improve student learning, and reduce costs through sharing of resources.

(2) Students learn best when provided educational services for uninterrupted periods of instructional time.

(3) Educators can deliver instructional services more efficiently and effectively when schools are following the same vacation, holiday, and statewide assessment schedules.

(4) Common professional development days provide educators the opportunity to participate in regional and statewide programs.

(5) A uniform statewide calendar ensures better attendance at regional programs, such as technical centers.

(6) The dates on which a school year begins and ends have great impact on families and businesses, as does the scheduling of in-service days and vacation.

(7) The purpose of adopting a statewide calendar is to improve high quality learning opportunities for all Vermont students.

(b) Therefore, it is the intent of this act to direct the committee created by this act to develop a statewide calendar to be adopted by the state board of education.

Sec. 2. STATEWIDE SCHOOL CALENDAR; COMMITTEE


(a) There is created a committee (the “Calendar Committee”) to develop a uniform statewide school calendar for use by all public schools in Vermont that the committee will propose to the state board of education for adoption. The members of the Calendar Committee shall be:

(1) The commissioner of education, or the commissioner’s designee, who shall serve as the committee’s chair and who shall ensure that the first committee meeting occurs on or before July 15, 2007.

(2) Two representatives of each of the following entities to be selected by the entities:

(A) The Vermont superintendents association.

(B) The Vermont school boards association.

(C) The Vermont principals’ association.

(D) The Vermont-national education association.

(3) Two regional technical center directors to be selected by the Vermont association of career and technical education directors.

(4) Two members of the business community to be selected by the Vermont business roundtable.

(5) Two high school students, who shall not be the students sitting on the state board of education, one of whom shall be selected by the speaker of the house of representatives and the other shall be selected by the president pro tempore of the senate.

(b) Any calendar developed by the Calendar Committee and presented to the state board shall be by majority vote of the committee and:

(1) Shall require at least 175 common student attendance days. A majority of students in each grade must be in attendance or participating in a school-sponsored academic activity for a minimum of five and one-half hours, including recess and excluding lunch, for a day to constitute one full student attendance day. If a majority of students in any grade is in attendance or participating for fewer than five and one-half hours, the day shall be counted as one-half of a student attendance day.

(2) Shall require the first three student days of the academic year to occur on the Tuesday, Wednesday, and Thursday in the week preceding Labor Day.

(3) Shall include at least five common teacher in-service education days. At least one of the five days will be organized by the department and conducted at regional sites throughout the state.


(4) Shall include provisions for the state board of education, after receiving recommendations from the Calendar Committee, to grant a waiver for the ensuing year to a group of school districts that requests, before May 1 of any year, to deviate from the statewide calendar due to unique regional circumstances that cannot otherwise be accommodated.

(5) May include a provision that there be a sole vacation period between January 2 and April 30, to occur during the week of Town Meeting.

(c) To develop the statewide calendar, which if accepted by the state board of education shall serve as a model for all future years, t he Calendar Committee shall engage in a public process with students, parents, educators, the business community, and other interested parties in at least five geographic regions of the state. During the public process, the committee shall solicit comments and recommendations concerning common periods of uninterrupted student attendance days, common vacation schedules and holidays, common in-service days, and common periods for statewide assessment. In addition, on or before September 30, 2007, the director or directors of each regional technical center shall designate a time and location at which the principals within each region shall meet with the directors to develop regional recommendations regarding a statewide calendar for presentation to the Calendar Committee.

(d) On or before January 30, 2008, the Calendar Committee shall recommend to the legislature a process by which an appropriate financial penalty shall be imposed upon any district that fails to provide at least five and one-half hours of classes daily to students in all grade levels on each of the 175 common student attendance days required in the statewide calendar . Included within the recommendation shall be an appeal process for districts that believe they have complied with all requirements of the calendar.

(e) On or before January 30, 2008, and before each January 30 thereafter, the Calendar Committee shall present its proposal for a uniform statewide school calendar to the state board of education. The board may vote to approve or disapprove the proposed calendar, but may not amend it. The board shall announce its decision regarding the calendar no later than March 31 each year.


This act shall take effect from passage and the statewide calendar shall apply to the 2009-2010 school year and after.


Sen. Donald CollinsSen. William DoyleSen. Robert StarrCommittee on the part of the Senate

Rep. Anne MookRep. Patricia McDonaldRep. Denise BarnardCommittee on the part of the House



H. 531


An act relating to ensuring success in health care reform;



The Committee of Conference, to which were referred the disagreeing votes of the two Houses on the bill respectfully report that they have met and considered the same and recommend that the House accede to the Senate proposals of amendment, with the following amendments thereto:

First: By striking out Sec. 11 and inserting a new Sec. 11 to read:

Sec. 11. 33 V.S.A. § 1986(d) is amended to read:

(d) All monies received by or generated to the fund shall be used only as allowed by appropriation of the general assembly for the administration and delivery of the Catamount Health assistance program under this subchapter, employer-sponsored insurance premium assistance under section 1974 of this title, immunizations under section 1130 of Title 18 the nongroup health insurance market assistance under section 4062d of Title 8, and for transfers to the state health care resources fund established in section 1901d of this title as approved by the general assembly, and development and implementation of the blueprint for health under section 702 of Title 18.

Second: By striking out Sec. 13 and inserting a new Sec. 13 to read:

Sec. 13. 8 V.S.A. § 4080f(f)(1) is amended to read:

(f)(1) Except as provided for in subdivision (2) of this subsection, the carrier shall pay a health care professionals using professional the lowest of the


health care professional’s contracted rate, the health care professional’s billed charges, or the rate derived from the Medicare payment methodologies, at a level ten percent greater than for levels paid under the Medicare program in 2006. Payments based on Medicare payment methodologies under this subsection shall be indexed to the Medicare economic index developed by the Centers for Medicare and Medicaid Services.

Third: By striking out Sec. 15 and inserting in lieu thereof:

Sec. 15. MENTAL HEALTH AND OTHER NON-PHYSICIAN PROVIDER R EIMBURSEMENT SURVEYS

(a) In order to understand the impact of reimbursement on access to mental health care providers, the cost shift, the workforce shortages, and recruitment and retention of health care professionals, the commissioner of banking, insurance, securities, and health care administration shall administer a one-time survey of health insurers to determine the reimbursement paid for the ten most common billing codes for mental health services, along with differences in reimbursement based on the provider’s level of education or licensure. Each insurer shall report the average reimbursement paid for a specific service for each applicable provider level of education or licensure.

(b) In order to understand the impact of reimbursement on access to other non-physician health care providers, the cost shift, the workforce shortages, and recruitment and retention of health care professionals, the commissioner of banking, insurance, securities, and health care administration shall administer a one-time survey of health insurers to determine the reimbursement paid for the most common billing codes for non-physician health care provider services. Each insurer shall report the average reimbursement paid for a specific service for each provider level of education or licensure, when applicable. The department may limit the survey to a total of 20 billing codes except that it shall ensure that the survey includes reimbursement for at least two common billing codes for each major class of provider.

(c) The surveys shall be managed by the department of banking, insurance, securities, and health care administration. Any public reports shall be sufficiently aggregated so that they would not enable readers to determine the amount of reimbursement paid for specific services to any particular provider or facility. No provider - specific or facility - specific reimbursement information shall be included in the public survey reports, or be available through public records requests. Only the department will have access to the underlying survey responses. Neither survey shall include hospital reimbursements.

(d) No later than December 15, 2008, the department shall provide the results of the surveys to the commission on health care reform, the house


committees on health care and human services, and the senate committee on health and welfare. In addition, the department shall also provide the results of the survey conducted pursuant to subsection (a) to the mental health oversight committee.

Sec. 16. STUDY ON RETROACTIVE ELIGIBILITY FOR PHARMACY PROGRAMS

(a) The commissioner for children and families shall analyze the costs and benefits of providing coverage from the date of application for those applying for any state-funded pharmacy program, provided all conditions of eligibility were met as of such date.

(b) The commissioner shall consult with the medical care advisory committee in performing this analysis and shall report his or her findings to the health access oversight committee no later than November 15, 2007. The report should include an explanation of why, if at all, there should be any disparate treatment in this regard between applicants for VHAP and applicants for pharmacy programs.


Secs. 4 and 13 of this act shall take effect upon passage. All other sections shall take effect July 1, 2007.

Sen. Douglas RacineSen. Edward FlanaganSen. Kevin MullinCommittee on the part of the Senate

Rep. Steven MaierRep. Francis McFaunRep. Luch LericheCommittee on the part of the House



H. 534


An act relating to prekindergarten education;




The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon the bill respectfully report that they have met and considered the same and recommend that the Senate recede from its proposals of amendment and that the bill as approved by the House be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. FINDINGS

The general assembly finds:

(1) The first five years of a child’s life are crucial to a child’s development.

(2) The family plays the most important role in the life of a young child. Families have the primary responsibility and right to nurture and provide for the early childhood development and education of their children.

(3) Approximately 70 percent of Vermont parents are employed in the workforce. At least 70 percent of Vermont’s three - and four - year - old children are in “out of the home” child care for up to 50 hours per week, while their parents work to provide for the family’s needs.

(4) The broader community has a vested interest in assuring that all children and families have access to the care and support needed for the growth and development of children. Failure to meet the needs of young children results in significant societal costs in the future.

(5) A child’s growth and development occur best in integrated environments. Early nurture and development opportunities are best provided in locations that are convenient to families and minimize transitions for children.

(6) The provision of early care and prekindergarten education through high - quality private providers is one of the most crucial elements supporting the strength and stability of the system serving young children.

Sec. 2. 16 V.S.A. § 11(a)(31) is amended to read:

(31) “Early childhood education,” means a program which provides educational “early education,” or “prekindergarten education” means services for designed to provide developmentally appropriate early development and learning experiences based on Vermont’s early learning standards to children who are three to five four years of age and to five - year - old children who are not eligible for or enrolled in kindergarten .

Sec. 3. 16 V.S.A. § 829 is added to read:

§ 829. PREKINDERGARTEN EDUCATION; RULES


The commissioner of education and the commissioner for children and families shall jointly develop and agree to rules and present them to the state board of education for adoption under chapter 25 of Title 3 as follows:

(1) To ensure that, before a school district begins or expands a prekindergarten education program that intends to enroll students who are included in its average daily membership, the district engage the community in a collaborative process that includes an assessment of the need for the program in the community and an inventory of the existing service providers.

(2) To ensure that, if a school district begins or expands a prekindergarten education program that intends to include any of the students in its average daily membership, the district shall use existing qualified service providers to the extent that existing qualified service providers have the capacity to meet the district’s needs effectively and efficiently.

(3) To require that the school district provides opportunities for effective parental participation in the prekindergarten education program.

(4) To establish a process by which a parent or guardian residing in the district or a provider, or both, may request a school district to enter into a contract with a provider located in or outside the district.

(5) To identify the services and other items for which state funds may be expended when prekindergarten children are counted for purposes of average daily membership, such as tuition reduction, quality improvements, or professional development for school staff or private providers.

(6) To ensure transparency and accountability by requiring private providers under contract with a school district to report costs for prekindergarten programs to the school district and by requiring school districts to report these costs to the commissioner of education.

(7) To require school districts to include identifiable costs for prekindergarten programs and essential early education services in their annual budgets and reports to the community.

(8) To require school districts to report to the departments their annual expenditures made in support of prekindergarten care and education, with distinct figures provided for expenditures made from the general fund , from the education fund, and from all other sources, which shall be specified.

(9) To provide an appeal process for parent, guardian, or provider to challenge an action of the school district when the appellant believes that the district is in violation of state statute or rules regarding prekindergarten education.


(10) To establish the minimum quality standards necessary for a district to include prekindergarten children within its average daily membership. At a minimum, the standards shall include the following requirements:

(A) A provider must have received:

(i) National Association for the Education of Young Children (NAEYC) accreditation; or

(ii) At least four stars in the department for children and families STARS system with at least two points in each of the five arenas; or

(iii) Three stars in the STARS system if the provider has developed a plan, approved by the commissioner for children and families and the commissioner of education, to achieve four or more stars within three years with at least two points in each of the five arenas, and the provider has met intermediate milestones; and

(B) A licensed center shall employ or contract for the services of at least one teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title; and

(C) A registered home shall receive regular, active supervision and training from a teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

(11) To establish a process for documenting the progress of children enrolled in prekindergarten programs and to require public and private providers to use the process to collect and report child progress data to the commissioner of education on an annual basis.

Sec. 4. 16 V.S.A. § 4001(15) is added to read:

(15) “Prekindergarten child” means a three - or four - year - old child who is enrolled in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or who is receiving essential early education services offered pursuant to section 2956 of this title. Prekindergarten child also means a five - year - old child who otherwise meets the terms of this definition if that child is not yet eligible for or enrolled in kindergarten.

Sec. 5. 16 V.S.A. § 1073(c) is amended to read:

(c) An individual who is not a legal pupil shall not may be enrolled in a public school, except for enrollment in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or in a program of essential early education, without the consent of the superintendent offered pursuant to section 2956 of this title.


Sec. 6. 16 V.S.A. § 4001(1) is amended to read:

(1) “Average daily membership” of a school district, or if needed in order to calculate the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9), in any year means:

(A) the The full-time equivalent enrollment of pupils, as defined by the state board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under an interdistrict agreement, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the first 40 days of the school year in which school is actually in session; and.

(B) the The full-time equivalent enrollment in the year between the end of the last census period and the end of the current census period, of any state-placed students as defined in subdivision 11(a)(28) of this title. A school district which provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a state-placed student for whom it is paying tuition for purposes of determining average daily membership. A school district which is receiving the full amount, as defined by the state board by rule, of the student’s education costs under subsection 2950(a) of this title, shall not count the student for purposes of determining average daily membership. A state-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count.

(C) The full - time equivalent enrollment for each prekindergarten child as follows: If a child is enrolled in 10 or more hours of prekindergarten education per week or receives 10 or more hours of essential early education services per week, the child shall be counted as one full - time equivalent pupil. If a child is enrolled in six or more but fewer than 10 hours of prekindergarten education per week or if a child receives fewer than 10 hours of essential early education services per week, the child shall be counted as a percentage of one full - time equivalent pupil, calculated as one multiplied by the number of hours per week divided by ten. A child enrolled in prekindergarten education for fewer than six hours per week shall not be included in the district’s average daily membership. Although there is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services, the total number of prekindergarten children that a district may include within its average daily membership shall be limited as follows:


(i) All children receiving essential early education services may be included.

(ii) Of the children enrolled in prekindergarten education who are not receiving essential early education services, the greater of the following may be included:

(I) ten children; or

(II) the number resulting from:

(aa) one plus the average annual percentage increase or decrease in the district’s first grade enrollment as counted in the census period of the previous five years; multiplied by

(bb) the most immediately previous year’s first grade census count; or

(III) the total number of four - year - olds in the district.


§ 4010. DETERMINATION OF WEIGHTED MEMBERSHIP

(a) On or before the first day of December during each school year, the commissioner shall determine the average daily membership of each school district for the current school year. The determination shall list separately:

(1) resident Resident prekindergarten children;

(2) Resident pupils being provided elementary or kindergarten education; and

(2) resident (3) Resident pupils being provided secondary education.

* * *

(c) The commissioner shall determine the weighted long-term membership for each school district using the long-term membership from subsection (b) of this section and the following weights for each class:

Grade Level Weight

Prekindergarten 0.46

Elementary or kindergarten 1.0

* * *


§ 3502. CHILD CARE FACILITIES; SCHOOL AGE CARE IN PUBLIC SCHOOLS; 21ST CENTURY FUND


(a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license, or operate a family day care home without registration from the department. All prekindergarten programs, regardless of whether they are located in a public school or a private facility, shall be licensed by the department. This provision does not apply to essential early education services provided to individual children.

(b) The following persons are exempted from the provisions of subsection (a) of this section:

(1) A person providing care for children of not more than two families other than that of the person providing the care.

(2) A hospital or establishment holding a license issued by the department of health, or a person operating a program primarily for recreational or therapeutic purposes, unless the hospital, establishment or person provides services for the care, protection and supervision of children not incidental to its primary purpose in which case subsection (a) shall apply to those nonincidental additional services.

(3) Child care facilities operated by religious organizations for the care and supervision of children during or in connection with religious services or church sponsored activities.

(4) Nursery schools or other preschool establishments, attended by children of less than compulsory school age, which are subject to regulation by the department of education. [Repealed.]

* * *

Sec. 9. DEPARTMENT OF EDUCATION AND DEPARTMENT FOR CHILDREN AND FAMILIES; RESPECTIVE DUTIES REGARDING PREKINDERGARTEN AND KINDERGARTEN PROGRAMS

The respective jurisdiction and duties of the department of education and the department for children and families with respect to prekindergarten and kindergarten programs shall be as outlined in the memorandum of understanding executed by the department of education and the precursor to the department for children and families on May 28, 1999.

Sec. 10. REPORT TO GENERAL ASSEMBLY

On or before January 1, 2010, the commissioners of education and for children and families shall file a written report with the house and senate committees on education regarding:


(1) The per - district enrollment of children who are in prekindergarten programs and who are receiving essential early education services.

(2) The breakdown of districts choosing to limit the average daily membership of prekindergarten children by each of the three methods set forth in 16 V.S.A. § 4001(1)(C)(2).

(3) The statewide cost, including the cost to the education fund, of providing prekindergarten programs by or through school districts and any changes to that cost since the effective date of this act.

(4) The annual expenditures spent in support of prekindergarten care and education, with distinct figures provided for expenditures made from the general fund, from the education fund, and from all other sources, which sources shall be specified, from the effective date of this act forward.

(5) The information and data required through rulemaking in 16 V.S.A. § 829(5) through (7).

(6) The effectiveness of prekindergarten programs in reaching quality program standards set forth in department of education rule.

(7) The effects that the prekindergarten programs covered by this act have had on the early development, learning experiences, and behaviors, including extreme or disruptive behaviors, of young children in Vermont.

(8) The effect that the limits on the number of prekindergarten children that may be included within a district’s ADM established in Sec. 6 of this act have had on the ability to serve the needs of young children and the advisability of eliminating or amending those limits.

(9) An analysis of whether and to what extent retention, elimination, or amendment of the ADM limits would affect the state’s ability to fund in an adequate manner the child care subsidy program administered by the department for children and families. The child care subsidy program enables many at-risk children to receive both nurture and developmental services crucial to preparing these children to enter school. The report shall also discuss any other actions that the commissioners believe would increase the state’s ability to fund the child care subsidy program adequately.

(10) A proposal for consolidating the authority currently exercised by the department for children and families and the department of education to regulate and fund all early childhood programs.

Sec. 11. TRANSITIONAL PROVISIONS

Any district that offered prekindergarten education during the 2006–2007 academic year shall not be affected by the provisions of 16 V.S.A. § 4001(1)


(C) in Sec. 6 of this act that limit the total number of prekindergarten children who may be counted within the district’s average daily membership; rather, the district may instead choose to include within its average daily membership the total number of prekindergarten children enrolled in its program, provided that the number does not exceed the highest number of prekindergarten children enrolled and counted within its average daily membership in any one of the following three academic years: 2004–2005, 2005–2006, or 2006–2007. If, at any time, the district elects to determine its average daily membership of prekindergarten children based on the limitations in 16 V.S.A. § 4001(1)(C), the decision shall be final, and the district shall at all times be bound by that subdivision.

Sec. 12. PREKINDERGARTEN EDUCATION STUDY COMMITTEE

(a) The prekindergarten education study committee created in Sec. 1 of No. 186 of the Acts of the 2005 Adj. Sess. (2006) shall continue its existence and composition until March 1, 2008 to:

(1) analyze additional financial data;

(2) receive periodic reports from the commissioner of education and the commissioner for children and families regarding implementation of this act, particularly the rulemaking required in Sec. 2 of this act;

(3) propose legislation to the general assembly as the committee deems necessary.

(b) The committee shall meet no more than twice when the general assembly is not in session. For attendance at a meeting when the general assembly is not in session, legislative members of the committee shall be entitled to per diem compensation and reimbursement of expenses as provided in 2 V.S.A. § 406(a).

Sec. 13. CONSTRUCTION

Nothing in this act shall be construed to require a school district to provide a prekindergarten education program.

Sec. 14. REPEAL

Subsection 2(a) of No. 186 of the Acts of the 2005 Adj. Sess. (2006) (moratorium on state board of education rules regarding early childhood or prekindergarten services) is repealed.

Sec. 15. EFFECTIVE DATES

This act shall take effect on July 1, 2007, except that the rules required by Sec. 3 of this act shall apply beginning in the 2008–2009 academic year.


Sen. Harold W. GirardSen. Jim CondosSen. William DoyldCommittee on the part of the Senate

Rep. Duncan KilmartinRep. Denise BarnardRep. Johannan DonovanCommittee on the part of the House



H. 296


An act relating to potable water supply and wastewater system permitting;




The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the House accede to the Senate proposal of amendment, and that the bill be further amended as follows:

First: By adding Sec. 1 to read as follows:

Sec. 1. FINDINGS

The general assembly finds that:

(1) The agency of natural resources’ assumption on July 1, 2007 of statewide jurisdiction over the permitting program for on - site wastewater systems and potable water supplies and implementation of the rules adopted under that program are intended to protect human health and the environment, prevent the creation of health hazards or unsanitary conditions, and ensure the availability of an adequate supply of potable water.

(2) The cost of compliance with the state on - site wastewater systems and potable water supply rules when replacement of a failed wastewater


system or potable water supply is required can be expensive and, consequently, difficult for many homeowners in Vermont to pay for.

(3) The agency of administration, the agency of commerce and community development, and the agency of natural resources should provide funding for and should encourage other state and federal funding providers to develop programs or contribute funds to help Vermont residents pay for the cost of replacing failed wastewater systems or potable water supplies.

(4) The agency of natural resources should establish a point of contact or clearinghouse where homeowners can find information regarding programs available to aid in the replacement of wastewater systems or potable water supplies.

(5) The agency of natural resources should exercise its current authority to adopt rules regarding flexible design flow standards, design requirements, site conditions, replacement area requirements, and isolation distance requirements for wastewater systems and potable water supplies. The agency should exercise its rulemaking authority to approve alternative, innovative, or experimental wastewater systems.

Second: By adding Secs. 4a and 4b to read as follows:

Sec. 4a. 24 V.S.A. § 4414 is amended to read:

§ 4414. ZONING; PERMISSIBLE TYPES OF REGULATIONS

Any of the following types of regulations may be adopted by a municipality in its bylaws in conformance with the plan and for the purposes established in section 4302 of this title.

* * *

(13) Wastewater and potable water supply systems. A municipality may adopt bylaws that prohibit the initiation of construction under a zoning permit unless and until a wastewater and potable water supply permit is issued under 10 V.S.A. chapter 64.

Sec. 4b. AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT STATUS REPORT ON IMPLEMENTATION OF NO. 133 OF THE ACTS OF THE 2001 ADJ. SESS. (2002)

On or before January 15, 2008, the agency of commerce and community development shall submit to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy a status report regarding implementation of No. 133 of the 2001 Adj. Sess. (2002). The report shall include:


(1) A summary of existing zoning or subdivision bylaws that municipalities have adopted since 2002 to address the siting of development, including bylaws that address development on steep slopes and ridgelines and bylaws that address specific site conditions or setbacks for development.

(2) A summary of compliance with the requirements of No. 133 of 2002, including:

(A) the requirement under subdivision 15(i)(2) of No. 133 of 2002 that the agency of natural resources map the groundwater resources of the state;

(B) the requirements under subdivision 15(j)(3) of No. 133 of 2002 that the agency of natural resources report on implementation of performace based wastewater systems and assess how such systems effect land use development patterns that results from the use of those systems.

(C) the requirement under subdivision 15 (k)(1) of No. 133 of 2002 that the agency of commerce and community development shall provide technical assistance and funding assistance for the purpose of revising municipal plans and bylaws .

(D) the requirement under subdivision 15(k)(2) of No. 133 of 2002 that the agency of commerce and community development and the agency of natural resources, in consultation with the Vermont league of cities and towns and the Vermont association of planning and development agencies, develop a model groundwater protection ordinance for distribution to municipalities.

(3) a proposal to strike, amend, or retain the prohibition in 10 V.S.A. § 1978(d) on the siting of wastewater systems on ground with a maximum slope in excess of 20 percent in order to inform the evaluation of existing state wastewater system and potable water supply requirements and the consequences of such requirements on land use zoning and development .

And by renumbering the sections of the act to be numerically correct.

Sen. Ginny LyonsSen. Claire AyerSen. Mark McDonaldCommittee on the part of the Senate

Rep. William JohnsonRep. David DeenRep. Jim McCullough


Committee on the part of the House



H. 334


An act relating to restitution;



The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon the bill respectfully report that they have met and considered the same and recommend that the Senate recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:


§ 2901. CREATION OF JUDGMENT LIEN

A final judgment issued in a civil action or a restitution order entered under section 7043 of Title 13 shall constitute a lien on any real property of a judgment debtor if recorded as provided in this chapter.


§ 5312. VICTIM’S INTEREST IN SPEEDY PROSECUTION

(a) The prosecutor’s office, if practicable, shall make every effort to inform a victim of a listed crime of any pending motion that may substantially delay the prosecution any deposition, change of plea, trial, sentencing hearing, or restitution hearing. The prosecutor shall inform the court of how the victim was notified and the victim’s position on the motion, if any. In the event the victim was not notified, the prosecutor shall inform the court why notification did not take place.

* * *


§ 5362. RESTITUTION UNIT

* * *

(c) The restitution unit shall have the authority to:


* * *

(4) Investigate and verify the amount of insurance or other payments paid to or for the benefit of a victim, and adjust reduce the amount collected or to be collected from the offender or disbursed to the victim from the crime victims’ restitution special fund accordingly. The restitution unit shall submit to the court a proposed revised restitution order stipulated to by the victim and the unit, with copies provided to the victim and the offender. No hearing shall be required, and the court shall amend the judgment order to reflect the amount stipulated to by the victim and the restitution unit.

* * *

(6) Report offenders’ payment histories to credit reporting agencies, provided that the unit shall not report information regarding offenders who are incarcerated. The unit shall not make a report under this subdivision until after it has notified the offender of the proposed report by first class mail or other like means to give actual notice, and provided the offender a period not to exceed 20 days to contest the accuracy of the information with the unit. The unit shall immediately notify each credit bureau organization to which information has been furnished of any increases or decreases in the amount of restitution owed by the offender.


§ 5363. CRIME VICTIMS’ RESTITUTION SPECIAL FUND

* * *

(b)(1) There shall be deposited into the fund:

* * *

(3) If a victim who is entitled to receive an advance payment of restitution from the crime victims’ restitution special fund cannot be located, the restitution unit shall report the amount to the treasurer within the time limits provided by subsection 1247(d) of Title 27, and the treasurer shall report it as unclaimed property. Notwithstanding any other provision of law, in no event shall the advance payments from the restitution special fund to which the victim is entitled be subject to ultimate deposit in the general or education fund.

* * *


§ 5365. ACCESS TO FINANCIAL RECORDS

(a) As used in this section:


(1) “Depositor” means an owner of an account in a financial institution and includes “share account holders” of credit unions.

(2) “Financial institution” means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this state or authorized to do business in this state.

(4) “Offender” means a person who owes restitution.

(5) “Restitution unit” means the state of Vermont restitution unit.

(6) “Restitution” means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed.

(b) Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest.

(c) A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section. The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified:

(1) The full name, date of birth, and address that the offender provided for himself or herself to the financial institution.

(2) The offender’s Social Security number.

(3) The offender’s account number.

(4) The amount of deposits contained in the offender’s account.

(5) Whether the offender is the sole owner of the account.

(d) The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution’s duty of good faith to its customers.

(e) A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution.

(f) The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be


used only for the purpose of collecting unpaid restitution.


§ 7043. RESTITUTION

(a)(1) Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss.

(2) For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(b)(1) When ordered, restitution may include:

(1)(A) return of property wrongfully taken from the victim;

(2)(B) cash, credit card, or installment payments paid to the restitution unit; or

(3)(C) payments in kind, if acceptable to the victim.

(2) In the event of a victim’s crime-related death, the court may, at the request of the restitution unit, direct the unit to pay up to $10,000.00 from the restitution fund to the victim’s estate to cover future uninsured material losses caused by the death.

(c) In awarding restitution, the court shall make findings with respect to:

(1) The total amount of the material loss incurred by the victim. If sufficient documentation of the material loss is not available at the time of sentencing, the court shall set a hearing on the issue, and notice thereof shall be provided to the offender.

(2) The offender’s current ability to pay restitution, based on all financial information available to the court, including information provided by the offender.

(d)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender’s current and reasonably foreseeable ability to pay, subject to modification under subsection (k) of this section. Notwithstanding chapter 113 of Title 12 or any other provision of law, interest shall not accrue on a restitution judgment.

(2)(A) Every order of restitution shall:


(i) include the offender’s name, address, and social security Social Security number;

(ii) include the name, address, and telephone number of the offender’s employer; and

(iii) require the offender, until his or her restitution obligation is satisfied, to notify the restitution unit within 30 days if the offender’s address or employment changes, including providing the name, address, and telephone number of each new employer.

(B) [Repealed.]

(e)(1) If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole. A person shall not be placed on probation solely for purposes of paying restitution. An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

(2) The department of corrections shall work collaboratively with the restitution unit to assist with the collection of restitution. The department shall provide the restitution unit with information about the location and employment status of the offender.

(f)(1) When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(2)(A) If restitution was not requested at the time of sentencing, or if expenses arose after the entry of a restitution order, the state may file a motion with the sentencing court to reopen the restitution case in order to consider a request for restitution payable from the restitution fund. Restitution ordered under this subdivision shall not be payable by the offender.

(B) A motion under this subdivision shall be filed within one year after the imposition of sentence or the entry of the restitution order.

(g) Restitution ordered under this section shall not preclude a person from pursuing an independent civil action for all claims not covered by the restitution order.

(h)(1) The court shall transmit a copy of a restitution order to the restitution unit, which shall make payment to the victim in accordance with section 5363 of this title.


(2) To the extent that the victims compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the restitution unit, which shall make payment to the victims compensation fund.

(i) The restitution unit may bring an action to enforce a restitution order against an offender in the superior or small claims court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued by the district court shall be enforceable in superior or small claims court in the same manner as a civil judgment. Superior and small claims court filing fees shall be waived for an action under this subsection, and for an action to renew a restitution judgment.

(j) All restitution payments shall be made to the restitution unit, with the exception of restitution relating to a conviction for welfare fraud ordered under this section and recouped by the economic services division. The economic services division shall provide the restitution unit with a monthly report of all restitution collected through recoupment. This subsection shall have no effect upon the collection or recoupment of restitution ordered under Title 33.

(k) The sentencing court may modify the payment schedule of a restitution order if, upon motion by the restitution unit or the offender, the court finds that modification is warranted by a substantial change in circumstances.

(l) If the offender fails to pay restitution as ordered by the court, the restitution unit may file an action to enforce the restitution order in superior or small claims court. After an enforcement action is filed, any further proceedings related to the action shall be heard in the court where it was filed. The court shall set the matter for hearing and shall provide notice to the restitution unit, the victim, and the offender. If the court determines the offender has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the offender will make the required restitution payment, including:

(1) amending the payment schedule of the restitution order;

(2) ordering, in compliance with the procedures required in Rule 4.1 of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale of assets and accounts owned by the offender;

(3) ordering the offender’s wages withheld pursuant to subsection (n) of this section; or

(4) ordering the suspension of any recreational licenses owned by the offender.


(m)(1) Any monies owed by the state to an offender who is under a restitution order, including lottery winnings and tax refunds, shall be used to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule established by the courts.

(2) When an offender is entitled to a tax refund, any restitution owed by the offender shall be withheld from the refund pursuant to subchapter 12 of chapter 151 of Title 32.

(3)(A) For all Vermont lottery games, the lottery commission shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding restitution order. If the winner owes restitution, the lottery commission shall withhold the entire amount of restitution owed and pay it to the restitution unit. The remainder of the winnings, if any, shall be sent to the winner. The winner shall be notified by the restitution unit of the offset prior to payment to the victim and given a period not to exceed 20 days to contest the accuracy of the information.

(B) The restitution unit shall inform the lottery commission of persons with outstanding restitution orders upon request. Each person subject to such an order shall be identified by name, address, and Social Security number.

(C) If a lottery winner has an outstanding restitution order and an outstanding child support order, the lottery winnings shall be offset first pursuant to section 792 of Title 15 by the amount of child support owed, and second pursuant to this subsection by the amount of restitution owed. The remainder of the winnings, if any, shall be sent to the winner.

(4) Unless otherwise provided, monies paid under this subsection shall be paid directly to the restitution unit.

(n)(1) The sentencing court at the time of sentencing, or the superior or small claims court in a subsequent proceeding, may issue a wage withholding order directing All restitution orders made or modified on or after January 1, 2008 shall include an order for wage withholding unless the court in its discretion finds good cause not to order wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order. The wage withholding order shall direct current and subsequent employers of the offender to pay a portion of the offender’s wages directly to the restitution unit until the offender’s restitution obligation is satisfied. The wages of the offender shall be exempt as follows:

(A) to the extent provided under Section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)); or


(B) if the court finds the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivision (1)(A) of this subsection, such greater amount of earnings as the court shall order.

(2) The court shall transmit all wage withholding orders issued under this section to the restitution unit, which shall forward the orders to the offender’s employers. Upon receipt of a wage withholding order from the restitution unit, an employer shall:

(A) withhold from the wages paid to the offender the amount specified in the order for each wage period;

(B) forward the withheld wages to the restitution unit within seven working days after wages are withheld, specifying the date the wages were withheld;

(C) retain a record of all withheld wages;

(D) cease withholding wages upon notice from the restitution unit; and

(E) notify the restitution unit within 10 days of the date the offender’s employment is terminated.

(3) In addition to the amounts withheld pursuant to this section, the employer may retain not more than $5.00 per month from the offender’s wages as compensation for administrative costs incurred.

(4) Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the employee, whichever is later, shall be liable to the restitution unit in the amount of the wages required to be withheld.

(5) An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.

(6) For purposes of this subsection, “wages” means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs and workers’ compensation or insurance policies of any type.

(o) An obligation to pay restitution is part of a criminal sentence and is:

(1) nondischargeable in the United States Bankruptcy Court to the maximum extent provided under 11 U.S.C. §§ 523 and 1328; and

(2) not subject to any statute of limitations.


(p) A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of chapter 57 of Title 9, and the restitution unit shall be entitled to the remedies of creditors provided under section 2291 of Title 9.

Sec. 7. 23 V.S.A. § 1213c(j) is amended to read:

(j) Order of forfeiture. If the court orders the motor vehicle forfeited, it shall be delivered into the custody of the commissioner of buildings and general services, who shall dispose of the motor vehicle pursuant to section 1556 of Title 29. The proceeds from the sale of the vehicle shall first be used to offset any costs of selling the vehicle, and then, after any liens on the vehicle have been paid in full, applied to any unpaid restitution owed by the defendant in connection with the charge that resulted in forfeiture. Any balance remaining, after any liens on the vehicle have been paid in full, shall be deposited into the general fund.


§ 1249. NOTICE AND PUBLICATION OF LISTS OF UNCLAIMED PROPERTY

(a) The treasurer shall notify apparent owners of unclaimed property under this chapter in the manner and method set out in subsection (b) of this section. In deciding whether to use an additional method specified in subdivision (b)(2) of this section, and which of those methods to use, the treasurer shall employ the method he or she deems to be the most cost-effective method available within its appropriations, while also giving consideration to the effectiveness of the method.

(b) The treasurer:

(1) shall notify all apparent owners of unclaimed property in accordance with this section by means of posting on the treasurer’s website on the internet;

(2) may use any of the following to provide additional notice to the apparent owners:

(A) publication in a newspaper of general circulation:

(i) in the area of the state in which the last known address of a person to be named in the notice is located;

(ii) in the area in which the holder has its principal place of business in the state; or

(iii) in the area the treasurer deems to provide the best opportunity to reach the apparent owner;


(B) individual contact by regular or electronic mail, or by telephone, if the treasurer has current contact information on file;

(C) any other manner and method that the treasurer considers effective for providing notice and publication.

(c) In the notice and publication under subsection (b) of this section, the treasurer shall provide the names of the apparent owners of the property and information regarding recovery of the unclaimed property.

(d) The treasurer is not required to publish in the notice an item of less than $100.00 in value.

(e) The treasurer may establish a program to assist other state agencies holding property not presumed to be abandoned to locate the owners of the property. Under this program, the treasurer may publish the owners’ names on the treasurer’s website and in any other manner the treasurer deems appropriate without taking possession of the property. Owners contacting the treasurer’s office under this program would be referred to the state agency possessing the property. Agencies participating in the program will remain obligated to report and remit the property to the treasurer’s office after it is presumed abandoned.


§ 7282. ASSESSMENT

(a) In addition to any penalty or fine imposed by the court or judicial bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or judicial bureau shall levy an additional fee of:

* * *

(9) For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims’ restitution special fund established by section 5363 of this title.

* * *

Sec. 10. REPEAL OF SUNSET FOR RESTITUTION UNIT AND CRIME VICTIMS’ RESTITUTION SPECIAL FUND

Sec. 16 of No. 57 of the Acts of 2003 (sunset for restitution unit and crime victims’ restitution special fund) is repealed.



§ 6607. DISCLOSURE OF CONFIDENTIAL RECORDS; NOTICE TO PROSECUTION

When a defendant seeks access to a victim’s school records, or to any other records of a victim which are by law confidential, the defendant shall provide written notice to the prosecutor that the records have been requested prior to the service of any subpoena requesting the records.

Sec. 12. REPORT

The joint fiscal office, in consultation with the Vermont center for crime victims services, shall report to the house and senate committees on judiciary on or before December 15, 2007 regarding the present and projected financial health and status of the crime victims’ restitution special fund established pursuant to section 5363 of Title 13. The report shall include:

(1) a projection of the fund’s financial balances in 2012 and 2017, taking into account all of the fund’s revenues and expenditures, including surcharges on traffic and criminal fines; and

(2) an analysis of the financial cost of a policy change proposal to allow payment from the fund of restitution which has been ordered by a court during the years 1988–2004 but not collected.


Sec. 9 of this act shall take effect on July 1, 2012.

and that, upon passage, the title of the bill shall read: “AN ACT RELATING TO RESTITUTION AND NOTICE TO PROSECUTION OF CONFIDENTIAL RECORDS DISCLOSURE”

Sen. Alice NitkaSen. Richard SearsSen. Kevin MullinCommittee on the part of the Senate

Rep. Maxine GradRep. Avis GervaisRep. Andrew DonaghyCommittee on the part of the House



Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith

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

H. 15


An act relating to a statewide school calendar;

H. 296


An act relating to potable water supply and wastewater system permitting;

H. 334


An act relating to restitution;

H. 531


An act relating to ensuring success in health care reform;

H. 534


An act relating to prekindergarten education;



Madam Speaker:

I am directed to inform the House that the Senate has considered House proposal of amendment to Senate bill of the following title:

S. 170. An act relating to rights of family members, funeral directors, and crematory operators concerning the disposition of bodily remains and funeral services.

And has concurred therein.

The Senate has considered a joint resolution originating in the House of the following title:


J.R.H. 37. Joint resolution authorizing the commissioner of forests, parks, and recreation to enter into land exchanges and for the commissioner of fish and wildlife to accept a Labrador retriever for law enforcement purposes.

And has adopted the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two House upon Senate bill of the following title:

S. 115. An act relating to increasing transparency of prescription drug pricing and information.


The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles:

H. 15. An act relating to a statewide school year calendar.

H. 296. An act relating to potable water supply and wastewater system permitting.

H. 334. An act relating to restitution.

H. 531. An act relating to ensuring success in health care reform.

H. 534. An act relating to prekindergarten registration.


Adjournment

At five o’clock and forty-five minutes in the afternoon, on motion of Rep. Adams of Hartland, the House adjourned until tomorrow at eleven o’clock in the forenoon.

autofill template · web viewjournal of the house _____ thursday, may 10, 2007 at eleven...

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