Journal of the Senate

MONDAY, APRIL 13, 1998

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Pledge of Allegiance

The President then led the members of the Senate in the Pledge of Allegiance.

Message from the House

A message was received from the House of Representatives by Mr. Heyman, its Second Assistant Clerk, as follows:

Mr. President:

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

H. 580. An act relating to underground storage tank closure and extending the petroleum distributor licensing fee and the petroleum tank assessment.

And has concurred therein.

The House has considered Senate proposals of amendment to House bill of the following title:

H. 680. An act relating to consumption of beer and wine.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such Committee on the part of the House

Rep. Molloy of Arlington

Rep. Morrissey of Bennington

Rep. Bouricius of Burlington

The House has adopted Joint Resolutions of the following titles:

J.R.H. 168. Joint resolution authorizing the Vermont State Debate and Forensics League to use the State House.

J.R.H. 169. Joint resolution congratulating railroad companies for their initiative to find alternatives to herbicidal weed control.

J.R.H. 170. Joint resolution congratulating the seventh annual North Country Moose Festival.

J.R.H. 175. Joint resolution congratulating the Twinfield Union School Division III Odyssey of the Mind "Pageant Wagon" Vermont State Championship Team.

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

The House has considered Senate bills of the following titles:

S. 202. An act relating to enforcement of municipal civil ordinances.

S. 232. An act relating to recording of instruments and documents required to determine marketability of record title.

S. 248. An act relating to a probationary period for new teachers.

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

Joint Resolutions Placed on Calendar

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 168. Joint resolution authorizing the Vermont State Debate and Forensics League to use the State House.

Whereas, the Vermont State Debate and Forensics League, an affiliate of the Vermont Principals' Association, encourages effective public speaking skills, and

Whereas, the Vermont Legislature is the embodiment of this activity, and

Whereas, the Vermont Legislature is geographically convenient to most every portion of the state, and

Whereas, the Vermont State Debate and Forensics League holds an annual state tournament to determine the champions in radio announcing, dramatic interpretation, extemporaneous speaking, impromptu speaking, interpretation of poetry and prose, and original oratory, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the Vermont State Debate and Forensics League is authorized to use the State House, including the wells of the House and Senate, the House Committee Rooms, the Ethan Allen Room and the cafeteria, from 8:00 a.m. until 3:00 p.m. on the second Saturday in February 1999, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the Vermont Principals' Association.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 169. Joint resolution congratulating railroad companies for their initiative to find alternatives to herbicidal weed control.

Whereas, the Vermont Pesticide Advisory Council is statutorily required to recommend reductions in the use of all pesticides including herbicides, and

Whereas, many Vermonters support increased environmentally-sound rail traffic to ease the transportation burden on our highways, and

Whereas, the St. Lawrence and Atlantic Railroad, United States Senators Patrick Leahy and Jim Jeffords, United States Congressman Bernie Sanders, the Vermont Pesticide Advisory Council and concerned Vermonters have cooperatively created a pilot project to implement a vegetation management plan along the St. Lawrence and Atlantic's rail corridor to investigate alternatives to the use of herbicides for weed eradication, and

Whereas, members of the Railroad Association of Vermont are also willing to explore using safe and cost-effective herbicide-free alternatives for weed control along the ballasts, and

Whereas, herbicidal alternatives, including ballast regulation, geotextiles, steam, hot water, infrared and ultraviolet light, as well as various mechanical controls, have been successfully used in integrated vegetation management planning in Alaska, Germany and Sweden, and

Whereas, an effort by railroad companies to work with concerned Vermonters to develop herbicide-free alternative management plans for weed control will encourage increased use of Vermont's underutilized railway system, and

Whereas, the information gathered as a result of this project will provide a wonderful resource, not only for railroad companies and state regulatory agencies,but for all Vermonters committed to reducing the level of toxins in our environment, and

Whereas, the St. Lawrence and Atlantic Railroad has assumed a leadership role in the herbicide alternative initiative because of its genuine concern for Vermonters' environmental quality of life, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly congratulates the cooperative and farsighted endeavor by the St. Lawrence and Atlantic Railroad on behalf of Vermont's environment, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the St. Lawrence and Atlantic Railroad and the Railroad Association of Vermont.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 170. Joint resolution congratulating the seventh annual North Country Moose Festival.

Whereas, the moose is a formidable and noble beast, and

Whereas, the northernmost sections of New Hampshire and Vermont, popularly referred to as the north country, have experienced a dramatic moose population increase, and

Whereas, while the recent abundance of moose has occasionally proven troublesome, many local residents have adopted this magnificent creature as symbolic of the north country's unique culture, and

Whereas, in celebration of this special heritage, on August 28, 29 and 30th, the North Country Chamber of Commerce will be sponsoring and welcoming visitors to the Seventh Annual North Country Moose Festival with commemorative activities in Canaan as well as Pittsburg and Colebrook, New Hampshire, and

Whereas, the festival will appropriately feature expertly-guided moose tours, a scrumptious moose-touring breakfast, a moose dance, a moose-calling contest and a moose-burger barbecue cookout, as well as a wide variety of other intriguing, artistic, transportation and athletic events, and

Whereas, the North Country Moose Festival is a wonderful opportunity for the residents of Vermont's north country to share their community pride with visitors from near and far, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly is pleased to congratulate the organizers and many volunteers of the North Country Moose Festival for developing a fun family activity that showcases the beauty and heritage of Vermont's northeastern frontier, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the North Country Chamber of Commerce.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 175. Joint resolution congratulating the Twinfield Union School Division III Odyssey of the Mind " Pageant Wagon" Vermont State Championship Team.

Whereas, the Odyssey of the Mind program is a worldwide competition dedicated to stimulating self-confidence, creative problem-solving and independent thinking in a team environment, and

Whereas, the team of Owen Bissex, Jennifer Ertel, Leah Jamele, Stephan Jamele and Emily Youngbaer won the State of Vermont Division III competition in their division on March 21, and

Whereas, Chris Riddell, a former Odyssey of the Mind World Finalist, and now a Goddard College student, has ably coached the Twinfield team throughout the competition, and

Whereas, Willis, the Dragon, garnered the coveted Ranatra Fusca certificate for creativity, despite beheading one team member and removing the arm of another, and

Whereas, this exceptional Twinfield team will participate in the Odyssey of the Mind World Finals at Disney World in Orlando, Florida where it will have challenging competition from the other 49 states and over 40 countries, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly congratulates the Twinfield Odyssey of the Mind Division III "Pageant Wagon" Vermont State Championship Team on its magnificent accomplishments and wishes all of its members the very best of luck at the World Finals, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to the Twinfield Union School.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Rules Suspended; Bill Committed

Pending entry on the Calendar for notice, on motion of Senator Rivers, the rules were suspended and House bill entitled:

H. 278. An act relating to downtown community development.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on General Affairs and Housing, Senator Rivers moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Appropriations with the reports of the Committees on General Affairs and Housing and Finance intact,

Which was agreed to.

Action Reconsidered; Bill Ordered to Lie

Assuring the Chair that he voted with the majority whereby the Senate concurred in the House proposal of amendment to the Senate proposal of amendment on the previous legislative day, Senator Illuzzi moved that the Senate reconsider its action on House bill entitled:

H. 97. An act relating to a limited evidentiary privilege for employment records.

Which was agreed to.

Thereupon, pending the recurring question, upon reconsideration, Shall the Senate concur in the House proposal of amendment to the Senate proposal of amendment? on motion of Senator Sears, the bill was ordered to lie.

Committee of Conference Appointed

The President laid before the Senate, House bill entitled:

H. 680. An act relating to consumption of beer and wine.

And, pursuant to the request of the House, announced the appointment of

Senator Greenwood

Cummings

Bartlett

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Bill Called Up

House bill of the following title was called up by Senator Sears, and, under the rule, placed on the Calendar for action tomorrow:

H. 97. An act relating to a limited evidentiary privilege for employment records.

Proposal of Amendment Amended; Bill Passed in Concurrence with Proposal of Amendment

House bill entitled:

H. 636. An act relating to Vermont's technical education system.

Was taken up.

Thereupon, pending third reading of the bill, Senator Chard moved to amend the Senate proposal of amendment by striking out Sec. 21 in its entirety and inserting in lieu thereof seven new sections to be numbered Secs. 21, 22, 23, 24, 25, 26 and 27 to read as follows:

Sec. 21. 16 V.S.A. § 824(b) is amended to read:

(b) Except as otherwise provided for technical students, the district shall pay the full tuition charged its pupils attending an approved public high school in Vermont or an adjoining state, or a public or independent school in Vermont functioning as an approved area technical center, or an independent school meeting public school standards. However, *[any]* if a payment made to an approved public high school *[in excess of]* or an independent school meeting public school standards is three percent more or less than the calculated net cost per secondary pupil in average daily membership in the receiving school district for the year of attendance then the district shall be reimbursed, credited or refunded pursuant to section 836 of this title, unless otherwise agreed to by the boards of both the receiving and sending districts or independent schools.

Sec. 22. 16 V.S.A. § 836 is amended to read:

§ 836. TUITION OVERCHARGE OR UNDERCHARGE

(a) Annually, on or before November 1, the commissioner shall inform each school board of a receiving public school, each board of trustees of a receiving approved independent school *[meeting public school standards or designated school]* for which the commissioner has calculated a net cost per pupil, and each sending school district in Vermont of the calculated net cost per elementary or secondary pupil in the receiving schools. Each school board or board of trustees of a receiving school shall then determine whether it *[billed]* overcharged or undercharged any sending district for tuition charges *[in excess of the calculated net cost per elementary or secondary pupil]* *[and shall credit the sending school district against the following year's tuition charges or shall refund the overcharged amount]*.

(b) If the sending district has paid tuition charges in excess of three percent of the calculated net cost per elementary or secondary pupil and is not sending enough students to the receiving school to use the overcharge funds as credit against tuition, the school board or board of trustees of the receiving school shall refund the overcharge money by *[July 15. However, interest]* July 31. Interest owed the sending district on overcharge monies shall begin to accrue on *[December 1]* August 1, at the rate of one percent per month.

(c) If the receiving district has undercharged tuition in an amount three percent or more than the calculated net cost per elementary or secondary pupil, the school board or the board of trustees of the sending school shall pay the amount of the undercharge in next year's tuition payment. If payment is not made by July 31 of the year following the year in which the undercharge was determined, interest owed the sending district on overcharge moneys shall begin to accrue on August 1, at the rate of one percent per month.

Sec. 23. 16 V.S.A. § 825 (c) is added to read:

(c) The commissioner shall investigate complaints by a school board regarding tuition and may, within the limits of funds appropriated for this specific purpose, contract for limited scope audits of the annual statistical reports submitted by school districts for the purpose of determining the accuracy of the allocation of revenues and expenditures to elementary and secondary tuition rates.

Sec. 24. 16 V.S.A. § 1522(9) and (10) are amended to read:

(9) "Overhead costs" means *[20 percent of direct costs. This amount is intended to cover overhead]* the costs of operating a regional technical center which are not direct costs, including but not limited to governance, fiscal services, student support services, plant operation, and maintenance service, as defined by rule of the state board.

(10) "Technical tuition" means the amount calculated by subtracting from total regional technical center *[direct]* costs all expenditures from state and federal grants (but not *[state technical tuition assistance, reimbursement for overhead costs, or]* incentive grants, adult education grants, or other state grants as defined by the state board by rule), then dividing the result by *[total full-time equivalent enrollment]* the sum of the actual number of full-time equivalent out of state students and the average of the full-time equivalent Vermont students for the three prior years.

Sec. 25. 16 V.S.A. § 1552(a) is amended to read:

(a) Each technical center shall establish a tuition charge for secondary technical education. The amount shall reflect the actual *[net direct]* cost, as defined by rule of the state board, of attendance in the technical courses offered by the center. The tuition charge shall be reduced proportionally for pupils enrolled in a part-time program.

Sec. 26. TECHNICAL CENTER TUITION; INCLUSION OF OVERHEAD COSTS; RULES

On or before December 1, 1998, the State Board of Education shall adopt rules which will enable technical centers to include unreimbursed overhead costs in tuition charged under section 1552 of Title 16 in fiscal year 2000.

Sec. 27. EFFECTIVE DATES

(a) Secs. 8, 9, 14, 21 and 22 of this act shall take effect on July 1, 1998.

(b) Secs. 10, 12, 13, 24 and 25 of this act shall take effect on July 1, 1999.

(c) The remaining sections of this act shall take effect on passage.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Brownell moved to further amend the Senate proposal of amendment by adding two new sections to be numbered Secs. 20a and 20b to read as follows:

Sec. 20a. 24 V.S.A. § 4947 is added to read:

§ 4947. INDEPENDENT SCHOOLS; ELIGIBLE TO PARTICIPATE

An association that offers hospital, surgical and medical benefits insurance to entities that are providing educational services under this subchapter, may make such insurance available to approved or recognized independent schools operating in Vermont. Participation shall be on the same terms and conditions that apply to municipalities and shall not create joint and several liability as a result of any act or omission of any other school, municipality or association. Schools thatparticipate under this section shall be provided with copies of the annual audit. The provisions of section 166 of Title 16 shall apply for purposes of determining whether a school qualifies as an "approved or recognized independent school."

Sec. 20b. SUNSET

24 V.S.A. § 4947, relating to eligibility of approved or recognized independent schools to participate in intermunicipal insurance agreements, is repealed on June 30, 2001.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Sears moved to further amend the Senate proposal of amendment by adding a new section to be numbered Sec. 20c to read as follows:

Sec. 20a. REPORT AND RECOMMENDATION

The Commissioner of Education shall consult with technical center directors, superintendents, school board members, legislators, and others who may have an interest, regarding problems facing school districts which, due to geographic constraints, do not have easy access to a regional technical center in Vermont. On or before January 15 1999, the commissioner shall report to the Senate and House committees on education regarding assignment of these school districts to regional technical center service regions. The report shall contain recommendations regarding transportation and funding considerations for these school districts which may include paying for tuition and transportation of students residing in these districts to technical centers outside Vermont.

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Proposal of Amendment; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence with Proposal of Amendment

Senator Riehle, for the Committee on Natural Resources and Energy, to which was referred joint House resolution entitled:

J.R.H. 144. Joint resolution relating to the Wildlife Foundation of Vermont.

Reported recommending that the Senate propose to the House to amend the resolution by striking out the second, third, fourth and fifth Resolved Clauses in their entirety.

And that the joint resolution ought to be adopted in concurrence with such proposal of amendment.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence with proposal of amendment forthwith.

Thereupon, the joint resolution was read the third time and adopted in concurrence with proposal of amendment.

House Proposal of Amendment Concurred In

House proposal of amendment to Senate bill entitled:

S. 241. An act relating to designating the northern leopard frog as the state amphibian.

Was taken up.

The House proposes to the Senate to amend the bill by striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:

Sec. 1. FINDINGS

A healthy northern leopard frog population is desirable in Vermont, and is threatened by loss of habitat and deformities that may be related to changes in the environment. Environmental problems that affect frogs could be a warning about further impacts upon other species, including humans. The colors of the northern leopard frog represent the beauty of our state during all seasons. Ponds are an attractive part of Vermont's landscape and the northern leopard frog helps control the number of insects and pests in our state's ponds. It also helps keeps Vermont's pristine wetlands clean by eating algae. For all of these reasons, the general assembly finds it appropriate to designate the northern leopard frog as the state amphibian.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment? was decided in the affirmative.

House Proposals of Amendment to Senate Proposals of Amendment Concurred In

House proposals of amendment to Senate proposals of amendment to House bill entitled:

H. 770. An act relating to miscellaneous provisions of the laws governing professional regulation.

Were taken up.

The House concurs in the Senate proposals of amendment with amendments, as follows:

First: In Sec. 3, in §129b(a) of 3 V.S.A., by striking out the following: "July 1" and inserting in lieu thereof the following: January 1 and by striking out the following: "June 30" and inserting in lieu thereof the following: December 31

Second: In Sec. 13, in §3001(11) of 26 V.S.A., by striking out the words: or a school

Third: In Sec. 15, in §3005 of 26 V.S.A., by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* social workers, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are psychologists or are licensed to practice psychology.

Fourth: In Sec. 15, in §3005(b) of 26 V.S.A., by striking out subdivision (4) in its entirety and by renumbering the remaining subdivisions to be numerically correct.

Fifth: In Sec. 19, in § 3201(4) of 26 V.S.A., by striking out the words: or a school

Sixth: In Sec. 20, in §3212 of 26 V.S.A., by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a) The*[ prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* psychologists, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public

by any other title or description stating or implying that they are clinical social workers or are licensed to practice clinical social work.

Seventh: In Sec. 20, in §3212(b) of 26 V.S.A., by striking out subdivision (4) in its entirety and renumbering the remaining subdivisions to be numerically correct.

Eighth: In Sec. 22, in §3261(6) of 26 V.S.A., by striking out the words: or a school

Ninth: In Sec. 23, in §3273 of 26 V.S.A., by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* social workers, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical mental health counselors or are licensed to practice clinical mental health counseling.

Tenth: In Sec. 23, in § 3273(b) of 26 V.S.A., by striking out subdivision (4) in its entirety and renumbering the remaining subdivisions to be numerically correct.

Eleventh: In Sec. 26, in § 4082(4) of 26 V.S.A., by striking out the words: or a school

Twelfth: In Sec. 27, in § 4085 of 26 V.S.A., by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a) The *[prohibitions]* provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, *[teachers,]* psychologists, social workers, mental health counselors, certified marriage and family therapists and psychoanalysts or *[consulting teachers]* licensed educators when performing their duties consistent with the accepted standards of their respective professions.

Thirteenth: In Sec. 27, in § 4085(b) of 26 V.S.A., by striking out subdivision (4) in its entirety and renumbering the remaining subdivisions to be numerically correct.

Fourteenth: By striking out Sec. 29a in its entirety and inserting in lieu thereof a new Sec. 29a to read as follows:

Sec. 29a. 26 V.S.A. § 2293 is amended to read:

§ 2293. RENEWAL OF LICENSE; LAPSED LICENSE

(a) Licenses shall be renewed every two years without examination and on payment of the required fees, provided that the person applying for renewal completes at least *[four]* 12 hours of instruction for brokers and 8 hours of instruction for salespersons, approved by the commission, during the preceding two-year period. Four hours of this continuing education instruction shall address legislation and other topics specified by the real estate commission for each renewal period.

(b) A broker or salesperson applying for renewal of a license that has lapsed shall be assessed both the renewal fee and late renewal penalty established by the director of the office of professional regulation under section 2255 of this title and shall not be assessed renewal fees for the years during which the license was lapsed. Renewal shall not take place until the applicant completes a total of at least *[four]* 12 hours of instruction if the applicant is a broker or 8 hours of instruction if the applicant is a salesperson, approved by the commission in the *[twelve-month]* 24-month period immediately prior to renewal. Four hours of this continuing education instruction shall address legislation and other topics specified by the real estate commission for each renewal period.

(c) The commission may waive or postpone compliance with the instructional requirements of this section in cases of extreme hardship on the part of the licensee. No licensee, however, may receive a postponement or waiver for two successive two-year periods of licensure. The commission may accept fewer than 12 hours of continuing education instruction for renewal of a broker's license and fewer than 8 hours of continuing education instruction for renewal of a salesperson's license following an initial licensing period of less than two years.

Fifteenth: In Sec. 32, after the word: "passage" by inserting the following: and the following which shall take effect on July 1, 1999:

(1) The provisions of Secs. 15, 20, 23 and 27 (amending 26 V.S.A. §§ 3005(a), 3212(a), 3273(a) and 4085(a)) substituting the term "licensed educators" for the terms "teachers" and "consulting teachers" as exempt from the provisions of the psychologist, clinical social worker, clinical mental health counselor and psychotherapist practice acts.

(2) The provisions of Secs. 15, 20, 23 and 27 which repeal 26 V.S.A. §§ 3005(b)(4), 3212(b)(4), 3273(b)(4) and 4085(b)(4) (exemption from the provisions of the psychologist, clinical social worker, clinical mental health

counselor and psychotherapist practice acts for employees of or under contract with a school).

Thereupon, the question, Shall the Senate concur in the House proposals of amendment to the Senate proposals of amendment? was decided in the affirmative.

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution entitled:

J.R.S. 100. Joint resolution honoring all those responding to the needs of Vermont citizens affected by natural disasters from 1995 through 1998.

Having been placed on the Calendar for action, was taken up.

Thereupon, the pending question, Shall the joint resolution be adopted on the part of the Senate? was decided in the affirmative.

Rules Suspended; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and joint House resolution entitled:

J.R.H. 160. Joint resolution relating to department of forests, parks and recreation property transactions.

Was taken up for immediate consideration.

Senator Illuzzi, for the Committee on Institutions, to which the joint resolution was referred, reported that the joint resolution ought to be adopted in concurrence.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence forthwith.

Thereupon, the joint resolution was read the third time and adopted in concurrence.

Rules Suspended; Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

H. 743. An act relating to a study of the state classification system.

Was taken up for immediate consideration.

Senator Ptashnik, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. STATE CLASSIFICATION STUDY

(a) The commissioner of personnel shall employ a consultant to conduct a study of ;the state's classifications system which shall include as focus areas the general soundness of the current system and whether the system affords internal fairness and equity without gender bias or other biases. The scope of the study shall be determined by the commissioner of personnel in consultation with the director of ;the governor's commission on women and the director of the Vermont State Employees' Association, Inc. The study shall include at least the following:

(1) Analysis of the existing classification system, including design of the classification structure, correctness of employee and job allocations, accuracy, completeness and definitiveness of class descriptions, effectiveness of the classification process utilized and issues of pay equity and comparable worth.

(2) Assessment of the soundness of the current classification rating system in affording internally fair and equitable classification and pay relationships among all employees based on evaluated worth to the state without gender or other bias and recommend appropriate actions to correct any revealed inequities.

(b) The commissioner shall hire a consultant to conduct the study required by this section. The consultant shall be a comparable worth technical expert in the design and implementation of gender neutral job comparison systems, as well as in the other issues regarding classification systems included in the study.

(c) The commissioner shall report on the progress of the study in the 1999 Report on the State Workforce.

(d) On or before July 1, 1999, an interim report of the study shall be provided to the department of personnel and house and senate committees on government operations. The report may also include recommendations for any modifications to the classification system that may be appropriate.

(e) The completed study and its recommendations shall be provided to the department of personnel and the house and senate committees on government operations and shall be available on the department of personnel internet home page. Recommendations for implementation that are subject to collectivebargaining shall be presented and addressed through that process during the regular bargaining schedule.

Sec. 2. APPROPRIATION

(a) The commissioner of personnel is authorized to enter into a contract in an amount not to exceed $100,000.00 for the purpose of hiring a consultant to perform the study required by this act. The study shall be conducted ;during fiscal years 1999 and 2000.

(b) The sum of $20,000.00 is appropriated in FY 1999 from the general fund to the department of personnel for the purpose of hiring a consultant to perform the study authorized by this act.

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Snelling, for the Committee on Appropriations, to which the bill was referred, reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Rules Suspended; House Proposals of Amendment Concurred In

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposals of amendment to Senate bill entitled:

S. 202. An act relating to enforcement of municipal civil ordinances.

Were taken up for immediate consideration.

The House proposes to the Senate to amend the bill as follows:

First: In Sec. 2, in § 1983(a)(2) of 24 V.S.A., by striking out the following: "provide proper identification" and inserting in lieu thereof the following: identify himself or herself satisfactorily

Second: In Sec. 2, in § 1983 of 24 V.S.A., by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b) The person may be detained only until the person identifies himself or herself satisfactorily to the officer. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a district court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.

Thereupon, the question, Shall the Senate concur in the House proposals of amendment? was decided in the affirmative.

Rules Suspended; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and joint House resolution entitled:

J.R.H. 149. Joint resolution urging the United States Drug Enforcement Agency to review the new Canadian industrial hemp policies.

Was taken up for immediate consideration.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence forthwith.

Thereupon, the joint resolution was read the third time and adopted in concurrence.

Rules Suspended; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and joint House resolution entitled:

J.R.H. 167. Joint resolution relating to the organic certification of agricultural products.

Was taken up for immediate consideration.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence forthwith.

Thereupon, the joint resolution was read the third time and adopted in concurrence.

Consideration Resumed; Further Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposals of Amendment

Consideration was resumed on House bill entitled:

H. 540. An act relating to agricultural administrative penalties and fees.

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as moved by Senator Illuzzi? Senator Illuzzi moved to amend the proposal of amendment as previously moved by him on the previous legislative day, as follows:

First: In Sec. 12, in § 353(b)(1) of 13 V.S.A., after the following: "any other animal" by striking out the following: "except livestock or poultry"

Second: In Sec. 12, in § 353(b)(3) of 13 V.S.A., by striking out the word "rights" and inserting in lieu thereof the following: future right

Third: In Sec. 13, in § 354(b)(3) of 13 V.S.A., after the following: "without a warrant" by striking out the following: "pursuant to the Rules of Criminal Procedure"

Fourth: In Sec. 13, in § 354(f) of 13 V.S.A., after the citation "subsection 353(c) of this title", by striking the word "unless"and inserting in lieu thereof the following: . If, and after the following: "$30.00 per animal" by inserting the following: , the animal shall remain in custodial care until final disposition of the criminal charges

Fifth: In Sec. 13, in § 354(g) of 13 V.S.A., by striking out subsection (g) in its entirety and inserting a new subsection (g) to read as follows:

(g) If the defendant is convicted of criminal charges under this chapter, the defendant shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses.

Sixth: In Sec. 13, in § 354(h) of 13 V.S.A., after the following: "to the defendant" by inserting the following: , less the reasonable cost of caring for the animal

Which was agreed to.

Thereupon, the pending question, Shall the Senate propose to the House to amend the bill as moved by Senator Illuzzi, as amended? was decided in the affirmative.

Thereupon, third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Rules Suspended; House Proposals of Amendment Concurred In

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate bill entitled:

S. 248. An act relating to a probationary period for new teachers.

Were taken up for immediate consideration.

The House proposes to the Senate to amend the bill as follows:

First: In Sec. 1, in §1752 (b) of 16 V.S.A., at the end of the first paragraph, after the words "who has received two" by striking out the word "formal" and inserting in lieu thereof the word written

Second: In Sec. 1, in §1752 (b)(2) of 16 V.S.A., in the second sentence, after the words "received at least two" by striking out the word "formal" and inserting in lieu thereof the word written

Third: In Sec. 1, in §1752 (b)(2) of 16 V.S.A., in the last sentence, after the words "employed as a teacher in" by striking out the words "a Vermont public school" and inserting in lieu thereof the words Vermont public schools

Fourth: By adding a new section to be numbered Sec. 2 to read as follows:

Sec. 2. GRANDFATHER PROVISION

The nonprobationary status of teachers who were initially employed in Vermont public schools during the 1997-98 school year shall not be affected by this act.

Thereupon, the question, Shall the Senate concur in the House proposals of amendment? was decided in the affirmative.

Bill Called Up

House bill of the following title was called up by Senator Sears, and, under the rule, placed on the Calendar for action tomorrow:

H. 30. An act relating to judicial review of administrative actions.

House Proposal of Amendment Concurred In

House proposal of amendment to Senate bill entitled:

S. 29. An act relating to landowner liability.

Was taken up.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 12 V.S.A. chapter 203 is added to read:

CHAPTER 203. LIMITATIONS ON LANDOWNER LIABILITY

§ 5791. PURPOSE

The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner's land for a recreational use than the owner would have to a trespasser.

§ 5792. DEFINITIONS

As used in this chapter:

(1) "Consideration" means a price, fee or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner's land for recreational use. Consideration shall not include:

(A) compensation paid to or a tax benefit received by the owner for granting a permanent recreational use easement;

(B) payment or provision for compensation to be paid to the owner for damage caused by recreational use; or

(C) contributions in services or other consideration paid to the owner to offset or insure against damages sustained by an owner from the recreational use or to compensate the owner for damages from recreational use.

(2) (A) "Land" means:

(i) open and undeveloped land, including paths and trails;

(ii) water, including springs, streams, rivers, ponds, lakes and other water courses;

(iii) fences; or

(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.

(B) "Land" does not include:

(i) areas developed for commercial recreational uses,

(ii) equipment, machinery or personal property, and

(iii) structures and fixtures not described in subdivision (2)(A)(iii) or (iv) of this section.

(3) "Owner" means a person who owns, leases, licenses or otherwise controls ownership or use of land, and any employee or agent of that person.

(4) "Recreational use" means an activity undertaken for recreational, educational or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, visiting or enjoying archeological, scenic, natural, or scientific sites, or other similar activities. "Recreational use" also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate or maintain the land for recreational uses.

§ 5793. LIABILITY LIMITED

(a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.

(b) Equipment, fixtures, machinery or personal property.

(1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner's land for a recreational use and proceeds to enter upon or use:

(A) equipment, machinery or personal property; or

(B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.

(2) Permission to enter or go upon an owner's land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery or personal property.§ 5794. LANDOWNER PROTECTION

(a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to:

(1) limit the property rights of owners;

(2) limit the ability of an owner and a recreational user of the land to enter into agreements for the recreational use of the land to vary or supplement the duties and limitations created in this chapter.

(3) support or create any claim or right of eminent domain, adverse possession or other prescriptive right or easement or any other land use restriction;

(4) alter, modify or supersede the rights and responsibilities under chapters 191, animal control, and 193, domestic pet or wolf-hybrid control, of Title 20; under chapters 29, snowmobiles, and 31, all-terrain vehicles, of Title 23; under chapter 23, bicycle routes, of Title 19; and under chapter 20, Vermont trail system, of Title 10;

(5) extend any assurance that the land is safe for recreational uses or create any duty on an owner to inspect the land to discover dangerous conditions;

(6) relieve a person making recreational use of land from the obligation the person may have in the absence of this chapter to exercise due care for the person's own safety in the recreational use of the land.

(b) Nothing in this chapter shall create any presumption or inference of permission or consent to enter upon an owner's land for any purpose.

§ 5795. EXCEPTIONS

This chapter shall not apply to lands owned by a municipality or the state.

Sec. 2. CONSTRUCTION

This act shall be liberally construed to accomplish the purpose set forth in Sec. 1 (12 V.S.A. § 5791) to limit an owner's liability and shall not be construed to extend an owner's liability beyond that which would exist if this act had not been adopted.

Sec. 3. REPEAL

10 V.S.A. § 5212 (landowner's liability) is repealed.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment? Senators Illuzzi and Ready moved that the Senate concur in the House proposal of amendment with amendments, as follows:

First: In Sec. 1, by amending the caption in §5791 of 12 V.S.A., to read as follows:

§5791. LEGISLATIVE FINDINGS AND PURPOSE

Second: In Sec. 1, in §5791 of 12 V.S.A., by adding a new subsection (a) to read as follows:

(a) The General Assembly finds that it is in the public interest to limit, not increase, the liability of landowners when they voluntarily make their lands available for public recreational uses.

And by redesignating the existing paragraph of §5791 to be subsection (b).

Third: In Sec. 1, in §5792(2) of 12 V.S.A. (LANDOWNER PROTECTION), by striking out subparagraph (A) in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:

(2) (A) "Land" means open and undeveloped land, whether posted or unposted, fenced or unfenced, and includes:

(i) paths and trails;

(ii) water, including springs, streams, rivers, ponds, lakes and other water courses;

(iii) fences; or

(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.

Which was disagreed to on a roll call, Yeas 6, Nays 22.

Senator Bahre, having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Bahre, Canns, Ide, Illuzzi, Kittell, Ready.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Bloomer, Chard, Costes, Cummings, Doyle, Greenwood, Hallowell, Hooker, MacDonald, Maynard, Mazza, McCormack, Ptashnik, Riehle, Rivers, Sears, Shumlin, Snelling, Spaulding.

Those Senators absent and not voting were: Brownell, Ehrich.

Thereupon, the recurring question, Shall the Senate concur in the House proposal of amendment? was decided in the affirmative on a roll call, Yeas 18, Nays 10.

Senator Bahre, having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Chard, Cummings, Doyle, Hallowell, Hooker, Kittell, MacDonald, Mazza, McCormack, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding.

Those Senators who voted in the negative were: Bahre, Bloomer, Canns, Costes, Greenwood, Ide, Illuzzi, Maynard, Ready, Snelling.

Those Senators absent and not voting were: Brownell, Ehrich.

****During debate of the measure, Senator Illuzzi addressed the Chair in proposing his amendment to the House proposal of amendment, and, on motion of Senator Sears, his remarks were ordered entered in the Journal to assist in further interpretation of legislative intent for quicksand material, and are as follows:

"Mr. President:

"The purpose of this amendment, on page 1496 of the Senate Calendar, is to reaffirm the "intent" of this bill and to again address the question raised by opponents of the bill as to the meaning of "open and undeveloped" land.

Intent

"The intent of the bill is to encourage owners of open and undeveloped land to let people use their land for recreational purposes. It is not intended, as suggested by some opponents, to force landowners to make their property available to the public.

"To reaffirm this intent, the senior senator from Addison County and I propose to add a new section 5791(a). It states that this bill is intended to limit the liability of landowners if they voluntarily make their land available for recreational uses.

"The bill will not force anyone to let others use their land. There is no mandate here.

Definition of Land

"Opponents of the bill now allege that the word "open" may mean "unposted." That is not the intent. In my strike all amendment to S. 29 before third reading, and in my report with the senior senator from Bennington County (Senator Sears) on behalf of the Senate Judiciary Committee, such an intent was never discussed or contemplated. I came up with the phrase "open and undeveloped" and this phrase was incorporated in the Senate Judiciary Committee amendment, and again incorporated in my strike all amendment before third reading, which was adopted by the Senate on February 27, 1998.

"The words "open and undeveloped" are intended to be read together to describe farm land, forest land, rural land, natural ecological systems and other unimproved and undeveloped land. The words don't mean construction sites, shopping center parking lots, sidewalks or the like. Although I believe some organizations, like AIV, wanted any land used for recreational purposes included in the definition of land, that approach was specifically rejected in both the House and Senate versions of S. 29.

"Remember that this bill has been advanced on behalf of groups that want to maintain trails on property, like snowmobilers and hikers, and by those who enjoy recreational activities on naturally existing land. Although owners of other types of property wanted to be included, they were not, much to their chagrin. And those excluded from the limited liability afforded by this bill now oppose it. No big surprise there. Unfortunately, I think one or two opponents are grasping at straws to find reasons to oppose this bill.

"In conclusion, whether or not this amendment is approved, "open and undeveloped" land includes land, whether posted or unposted, fenced or unfenced, and includes all of the items set forth in subsection (2)(A) of section 5792.

"I don't think it is essential for my amendment to pass because the bill as written is very clear on these points. However, passing this amendment would simply reaffirm the intent of the bill and remove two "issues" off the table.

"Although I plan to oppose this bill because the House Proposal of Amendment uses the "wilful and wanton" standard instead of the Senate's "intentional harm" standard, the argument that "open" means "unposted" or "unfenced" is unfounded and without merit.

"Thank you, Mr. President."

House Proposal of Amendment Concurred In

House proposal of amendment to Senate bill entitled:

S. 103. An act relating to involuntary medication of mental health patients.

Was taken up.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 18 V.S.A. § 7629 is added to read:

§7629. LEGISLATIVE INTENT

(a) It is the intention of the General Assembly to recognize the right of a legally competent person to determine whether or not to accept medical treatment, including involuntary medication, absent an emergency or a determination that the person is incompetent and lacks the ability to make a decision and appreciate the consequences.

(b) This act protects this right through a judicial proceeding prior to the use of nonemergency involuntary medication and by limiting the duration of an order for involuntary treatment to no more than one year. The least restrictive conditions consistent with the person's right to adequate treatment shall be provided in all cases.

(c) It is the policy of the General Assembly to work towards a mental health system that does not require coercion or the use of involuntary medication.

(d) This act will render the J. L. v. Miller consent judgment no longer applicable.

Sec. 1a. 18 V.S.A. § 7509 is amended to read:

§ 7509. TREATMENT; RIGHT OF ACCESS

(a) Upon admission to the hospital *[for an emergency examination,]* pursuant to §§ 7508, 7617 or 7624, the person shall be treated with dignity and respect and shall be given such medical and psychiatric treatment as is indicated.

(b) *[He]* The person shall be given the opportunity, subject to *[regulations]* reasonable limitations, to communicate with others, including the reasonable use of *[the]* a telephone.

(c) *[He]* The person shall be requested to furnish the names of persons he or she may want notified of his or her hospitalization and kept informed of his or her status. The head of the hospital shall see that such persons are notified of thestatus of the patient, how he or she may be contacted and visited, and how they may obtain information concerning him or her.

Sec. 2. 18 V.S.A. § 7620(a) and (c) are amended to read:

(a) If, prior to the expiration of *[a 90-day order, pursuant to sections 7618(b)(2) or 7619 of this title]* any order issued in accordance with section 7623 of this title, the commissioner believes that the condition of the patient is such that *[he]* the patient continues to require treatment, *[he]* the commissioner shall apply to the court for a determination that the patient is a patient in need of further treatment and for an order of continued treatment.

(c) *[The patient shall continue to receive treatment]* Any order of treatment issued in accordance with section 7623 of this title shall remain in force pending the court's decision on the application.

Sec. 3. 18 V.S.A. § 7621(b), (c) and (d) are amended to read:

(b) If the court finds that the patient is a patient in need of further treatment and requires hospitalization it shall order hospitalization for *[an indeterminate period]* up to one year.

(c) If the court finds that the patient is a patient in need of further treatment but does not require hospitalization, it shall order non-hospitalization for *[an indeterminate period]* up to one year.

(d) If at any time during the period of non-hospitalization ordered under subsection (c) of this section, it comes to the attention of the court, *[either]* that the person is not complying with the order, or that the alternative treatment has not been adequate to meet the patient's treatment needs, the court may, after proper hearing:

(1) Consider other *[alternatives]* treatments not involving hospitalization, modify its original order, and direct the patient to undergo another program of alternative treatment for an indeterminate period, up to the expiration date of the original order; or

(2) *[Enter a new order directing]* Order that the patient be hospitalized*[ for an indeterminate period]*, up to the expiration date of the original order.

(e) This section shall not be construed to prohibit the court from issuing subsequent orders after a new application is filed pursuant to section 7620 of this title.

Sec. 4. 18 V.S.A. §§ 7624-7628 are added to read:

§ 7624. PETITION FOR INVOLUNTARY MEDICATION

(a) The commissioner may commence an action for the involuntary medication of a person who is refusing to accept psychiatric medication and meets any one of the following three conditions:

(1) has been placed in the commissioner's care and custody pursuant to section 7619 of this title or subsection 7621(b) of this title;

(2) has previously received treatment under an order of hospitalization and is currently under an order of non-hospitalization:, or

(3) has been committed to the custody of the commissioner of corrections as a convicted felon and is being held in a correctional facility which is a designated facility pursuant to section 7628 of this title and for whom the department of corrections and the department of developmental and mental health services have jointly determined that involuntary medication would be appropriate pursuant to subdivision 907(4)(H) of Title 28.

(b) A petition for involuntary medication shall be filed in the family court in the county in which the person is receiving treatment.

(c) The petition shall include a certification from the treating physician, executed under penalty of perjury, that includes the following information:

(1) the nature of the person's mental illness;

(2) the necessity for involuntary medication, including the person's competency to decide to accept or refuse medication;

(3) any proposed medication, including the method, dosage range, and length of administration for each specific medication;

(4) a statement of the risks and benefits of the proposed medications, including the likelihood and severity of adverse side effects and its effect on:

(A) the person's prognosis with and without the proposed medications; and

(B) the person's health and safety, including any pregnancy;

(5) the current relevant facts and circumstances, including any history of psychiatric treatment and medication, upon which the physician's opinion is based;

(6) what alternate treatments have been proposed by the doctor, the patient or others, and the reasons for ruling out those alternatives; and

(7) whether the person has executed a durable power of attorney for health care in accordance with the provisions of chapter 121 of Title 14, and the identity of the health care agent designated by the durable power of attorney.

(d) A copy of the durable power of attorney, if available, shall be attached to the petition.

§ 7625. HEARING ON PETITION FOR INVOLUNTARY MEDICATION; BURDEN OF PROOF

(a) A hearing on a petition for involuntary medication shall be held within seven days of filing and shall be conducted in accordance with sections 7613, 7614, 7615(b)-(e) and 7616 of this title.

(b) In a hearing conducted pursuant to this section, sections 7626 and 7627 of this title, the commissioner has the burden of proof by clear and convincing evidence.

(c) In determining whether or not the person is competent to make a decision regarding the proposed treatment, the court shall consider whether the person is able to make a decision and appreciate the consequences of that decision.

§ 7626. DURABLE POWER OF ATTORNEY

(a) If a person who is the subject of a petition filed under section 7624 of this title has executed a durable power of attorney in accordance with the provisions of chapter 121 of Title 14 for health care, the court shall suspend the hearing and enter an order pursuant to subsection (b) of this section, if the court determines that:

(1) the person is refusing to accept psychiatric medication;

(2) the person is not competent to make a decision regarding the proposed treatment; and

(3) the decision regarding the proposed treatment is within the scope of the valid, duly executed durable power of attorney for health care.

(b) An order entered under subsection (a) of this section shall authorize the commissioner to administer treatment to the person, including involuntary medication in accordance with the direction set forth in the durable power of attorney or provided by the health care agent acting within the scope of authority granted by the durable power of attorney. If hospitalization is necessary to effectuate the proposed treatment, the court may order the person to be hospitalized.

(c) In the case of a person subject to an order entered pursuant to subsection (a) of this section, and upon the certification by the person's treating physician to the court that the person has received treatment or no treatment consistent with the durable power of attorney for health care for 45 days after the order undersubsection (a) of this section has been entered, then the court shall reconvene the hearing on the petition.

(1) If the court concludes that the person has experienced, and is likely to continue to experience, a significant clinical improvement in his or her mental state as a result of the treatment or nontreatment directed by the durable power of attorney for health care, or that the patient has regained competence, then the court shall enter an order denying and dismissing the petition.

(2) If the court concludes that the person has not experienced a significant clinical improvement in his or her mental state, and remains incompetent then the court shall consider the remaining evidence under the factors described in subdivisions 7627(b)(1)-(5) of this title and render a decision on whether the person should receive medication.

§ 7627. COURT FINDINGS; ORDERS

(a) The court shall issue an order regarding all possible findings pursuant to this section, and for persons subject to a petition pursuant to subdivision 7624(a)(3) of this title the court shall first find that the person is a person in need of treatment as defined by subdivision 7101(17) of this title.

(b) If a person who is the subject of a petition filed under section 7625 of this title has not executed a durable power of attorney, the court shall follow the person's competently expressed written or oral preferences regarding medication, if any, unless the commissioner demonstrates that the person's medication preferences have not led to a significant clinical improvement in the person's mental state in the past within an appropriate period of time.

(c) If the court finds that there are no medication preferences or that the person's medication preferences have not led to a significant clinical improvement in the person's mental state in the past within an appropriate period of time, the court shall consider at a minimum, in addition to the person's expressed preferences, the following factors:

(1) The person's religious convictions and whether they contribute to the person's refusal to accept medication.

(2) The impact of receiving medication or not receiving medication on the person's relationship with his or her family or household members whose opinion the court finds relevant and credible based on the nature of the relationship.

(3) The likelihood and severity of possible adverse side effects from the proposed medication.

(4) The risks and benefits of the proposed medication and its effect on:

(A) the person's prognosis; and

(B) the person's health and safety, including any pregnancy.

(5) The various treatment alternatives available, which may or may not include medication.

(d) If the court finds that the person is competent to make a decision regarding the proposed treatment or that involuntary medication is not supported by the factors in subsection (b) of this section, the court shall enter a finding to that effect and deny the petition.

(e) If the court finds that the person is incompetent to make a decision regarding the proposed treatment and that involuntary medication is supported by the factors in subsection (b) of this section, the court shall make specific findings stating the reasons for the involuntary medication by referencing those supporting factors.

(f) If the court grants the petition, in whole or in part, the court shall enter an order authorizing the commissioner to administer involuntary medication to the person. The order shall specify the types of medication, the dosage range, length of administration and method of administration for each. The order for involuntary medication shall not include electric convulsive therapy, surgery or experimental medications. The order shall require the person's treatment provider to conduct monthly reviews of the medication to assess the continued need for involuntary medication, the effectiveness of the medication, the existence of any side effects, and shall document this review in detail in the patient's chart.

(g) For a person receiving treatment pursuant to an order of hospitalization, the commissioner may administer involuntary medication as authorized by this section to the person for up to 90 days, unless the court finds that an order is necessary for a longer period of time. Such an order shall not be longer than the duration of the current order of hospitalization.

(h) For a person who had received treatment under an order of hospitalization and is currently receiving treatment pursuant to an order of nonhospitalization, if the court finds that without an order for involuntary medication there is a substantial probability that the person would continue to refuse medication and as a result would pose a danger of harm to self or others, the court may order hospitalization of the person for up to 72 hours to administer involuntary medication as ordered under this section.

(i) The court may authorize future 72-hour hospitalizations of a person subject to an order under subsection (g) of this section to administer involuntary medication for 90 days following the initial hospitalization, unless the court findsthat an involuntary medication order is necessary for a longer period of time. Such an order shall not be longer than the duration of the current order of nonhospitalization.

(j) A future administration of involuntary medication authorized by the court under subsection (h) of this section shall occur as follows:

(1) The treating physician shall execute and file with the commissioner a certification executed under penalty of perjury that states all the following:

(A) The person has refused medication.

(B) The person is not competent to make a decision regarding medication and to appreciate the consequences.

(C) The proposed medications, the dosage range, length of administration and method of administration.

(D) The substantial probability that in the near future the person will pose a danger of harm to self or others if not hospitalized and involuntarily medicated.

(2) Depending on the type of medication ordered, the commissioner shall provide two to 14-days' notice, as set forth in the initial court order, to the court, the person and the person's attorney. The notice shall be given within 24 hours of receipt by the commissioner of the physician's certification and shall state that the person may request an immediate hearing to contest the order. The person may be hospitalized in a designated hospital on the date specified in the notice for up to 72 hours in order to administer involuntary medication.

(k) An order for involuntary medication issued under this section shall be effective concurrently with the current order of commitment issued pursuant to section 7623 of this title.

(l) The treating physician shall provide written notice to the court to terminate the order when involuntary medication is no longer necessary.

(m) At any time, the person may petition the court for review of the order.

(n) As used in this section "household members" means persons living together or sharing occupancy.

§ 7628. PROTOCOL

The department of developmental and mental health services shall develop and adopt by rule a strict protocol to insure the health, safety, dignity and respect of patients subject to administration of involuntary psychiatric medications in any

designated hospital. This protocol shall be followed by all designated hospitals administering involuntary psychiatric medications.

Sec. 4a. Rule 12(d) of the Vermont Rules for Family Proceeding is revised to read:

(d) Judgment Pending Appeal In Actions Under Rule 4 and in Involuntary Treatment Actions.

When an appeal has been taken from a judgment in an action under Rule 4 of these rules, the court in its discretion may, during the pendency of the appeal, grant or deny motions for modification or enforcement of that judgment made under Rule 4 of these rules. When an appeal has been taken from an order of involuntary treatment, nonhospitalization or hospitalization or involuntary treatment, in an action pursuant to *[18 V.S.A. §§ 7611-7623]* chapter 181 of Title 18, the court in its discretion may, during the pendency of the appeal, grant or deny applications for continued treatment, modify its order, or discharge the patient, as provided in 18 V.S.A. §§ 7617, 7618, 7620, 7621. The court shall certify forthwith to the Supreme Court any order entered under this subdivision.

Sec. 5. REPORT

(a) On January 15, 1999 and annually thereafter, the commissioner of developmental and mental health services shall report to the House and Senate Committees on Judiciary and Health and Welfare on the following:

(1) Any problems that the department, the courts, and the attorneys for the state and patient have encountered in implementing Sec. 4 of this act.

(2) The number of petitions for involuntary medication filed by the state pursuant to 18 V.S.A. § 7624 and the outcome in each case.

(3) Copies of any trial court or supreme court decisions, orders, or administrative rules interpreting Sec. 4 of this act.

(4) Any recommended changes in the law.

(b) Before submitting the report required in this section, the department shall solicit comments from organizations representing persons with mental illness and organizations representing families with members with mental illness, direct care providers, persons who have been subject to proceedings under 18 V.S.A. § 7624, treating physicians, attorneys for the patients, courts, and any other member of the public affected by or involved in these proceedings.

(c) The department shall also present the report required in this section and the study required in Sec. 6 of this act to its Systems Improvement Committee for analysis and recommendations to the department.

Sec. 6. STUDY AND REPORT

(a) An annual independent study shall be commissioned by the department of developmental and mental health services which shall:

(1) evaluate and critique the performance of the institutions and staff of those institutions that are implementing the provisions of this act;

(2) include interviews with persons subjected to orders of involuntary medication and their families on the outcome and effects of the order;

(3) include the steps taken by the department to achieve a mental health system free of coercion; and

(4) any recommendations to change current practices or statutes.

(b) The person who performs the study shall prepare a report of the results of the study, which shall be filed with the general assembly and the department annually on January 15.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment? Senator McCormack moved that the Senate concur in the House proposal of amendment with an amendment, as follows:

In Sec. 4, by striking out §7626 of 18 V.S.A. in its entirety and inserting in lieu thereof a new §7626 to read as follows:

§ 7626. DURABLE POWER OF ATTORNEY

(a) If a person who is the subject of a petition filed under section 7624 of this title has executed a durable power of attorney in accordance with the provisions of chapter 121 of Title 14 for health care, the court shall dismiss the petition if the court determines that:

(1) the person is refusing to accept psychiatric medication; and

(2) such refusal is within the scope of the valid, duly executed durable power of attorney for health care.

(b) If the court finds that the person was not competent when the person executed the durable power of attorney, the court shall not dismiss the petition under subsection (a) of this section and shall proceed with the hearing on the petition.

Which was disagreed to on a roll call, Yeas 10, Nays 19.

Senator McCormack, having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Hallowell, Hooker, Illuzzi, Kittell, MacDonald, McCormack, Ptashnik, Ready, Rivers, Spaulding.

Those Senators who voted in the negative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Cummings, Doyle, Greenwood, Ide, Maynard, Mazza, Riehle, Sears, Shumlin, Snelling.

Those Senators absent and not voting were: Ehrich.

Thereupon, the recurring question, Shall the Senate concur in the House proposal of amendment? was decided in the affirmative on a roll call, Yeas 23, Nays 6.

Senator Ready, having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Cummings, Doyle, Greenwood, Hooker, Ide, Kittell, MacDonald, Maynard, Mazza, Riehle, Rivers, Sears, Shumlin, Snelling.

Those Senators who voted in the negative were: Hallowell, Illuzzi, McCormack, Ptashnik, Ready, Spaulding.

Those Senators absent and not voting were: Ehrich.

Rules Suspended; House Proposal of Amendment Not Concurred In; Committee of Conference Requested; Committee of Conference Appointed

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate bill entitled:

S. 232. An act relating to recording of instruments and documents required to determine marketability of record title.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 24 V.S.A. § 1154 is amended to read:

§ 1154. RECORDS; *[PHOTOSTATS]* PHOTOCOPIES

(a) A town clerk shall record in the land records, at length or *[may insert a photostatic copy duly compared with the original instrument]* by accurate, legible photocopy, in books to be furnished by the town*[,]*:

(1) deeds,

(2) instruments*[,]* or evidences respecting real estate,

(3) writs of execution, other writs or the substance thereof, and the returns thereon,*[ and other instruments which are delivered to him for record, including:]*

*[(1)]*(4) hazardous waste site information and hazardous waste storage, treatment and disposal certifications established under 10 V.S.A. chapter 159*[;]* ,

*[(2)]*(5) underground storage tank information under 10 V.S.A. chapter 59,

(6) other instruments delivered to the town clerk for recording.

(b) The town clerk shall record in the land records a memorandum or notice of a municipal permit, or a statement, or a notice of violation, which is delivered for recording as described below:

(1) municipal permits relating to land, structures, and other improvements to the land, including zoning, planning, subdivision, site plan, health, street, building, or other municipal permits or approvals required by statute, ordinance or regulation to be recorded, minutes of meetings that relate to municipal permits, and permit amendments,

(2) certificates of occupancy, certificates of compliance or similar municipal certificates, and

(3) any notice of violation of any municipal permit, approval, condition or certificate,

(4) written statements of an appropriate authorized municipal officer, issued on request of a party, certifying that no municipal permit, including a certificate, zoning, building, highway access, health or other permit or approval is required for a specific property.

(c) If a municipal memorandum or notice is recorded, it shall list:

(1) as grantor, the owner of record title to the property at the time the permit, certificate or notice is issued;

(2) as grantee, the municipality issuing the permit, certificate or notice;

(3) the municipal or village office where the original, or a true, legible copy of the permit, certificate, statement or notice may be examined;

(4) whether an appeal of such permit, certificate or notice has been taken;

(5) tax map lot number or other description identifying the lot.

*[(b)]*(d) The town clerk shall keep in each *[of the books]* book of record an index of reference to the instruments or records in *[such]* that book.

Sec. 2. 24 V.S.A. § 1161 is amended to read:

§ 1161. GENERAL INDEX

(a) A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease or other instrument affecting the title to real estate, and each writ of attachment, notice of lien or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in *[his]* the town clerk's office, with the name of the book *[or]*, volume or other manner of recording and the page of record in the following form:

Book Grantor Page Book Grantee Page

to from

Grantee Grantor

1 A. to B. 1 1 B. from A. 1

If the instrument is executed on behalf of, or to convey the interest of another party, the same shall be indexed in the name of the other party as grantor. In case the instrument is executed by more than one grantor and to more than one grantee, the name of each grantor and each grantee shall be indexed. When the party is a natural person the name shall be indexed under the first letter of such person's surname, and when the party is a corporation the name shall be indexed under the first letter of the first word of its name disregarding articles and initials. For purposes of this section, a defendant against whose property a writ of attachment is filed or a person against whose property a lien is asserted, shall be considered a grantor, and a plaintiff filing a writ, or a person asserting a lien shall be considered a grantee. Land plats filed in the office shall be indexed in such manner as the public records director shall by rule prescribe.

(b) For the purposes of this section, "transactions affecting title to real estate" shall include the instruments described in subsections 1154(a) and (b) of this title. Each owner of record title to the property at the time such an instrument is issued shall be listed as the grantor. The state of Vermont shall be listed as the grantee for instruments described in subdivisions 1154(a)(4) and (5) of this title. The municipality issuing the instrument shall be listed as the grantee for instruments described in subdivisions 1154(b)(1) and (2) of this title.

Sec. 3. 24 V.S.A. § 4443 is amended to read:

§ 4443. ZONING PERMITS AND CERTIFICATES OF OCCUPANCY

(a) Within any municipality in which any zoning regulations have been adopted:

(1) No land development may be commenced within the area affected by such zoning regulations without a permit therefor issued by the administrative officer. No zoning permit may be issued by the administrative officer except in conformance with such zoning regulations.

(2) If the zoning regulations so adopted so provide, it shall be unlawful to use or occupy or permit the use or occupancy of any land or structure, or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure after the effective date of this chapter, within the area affected by such zoning regulations, until a certificate of occupancy is issued therefor by the administrative officer stating that the proposed use of the structure or land conforms to the requirements of such zoning regulations.

(3) No zoning permit issued pursuant to this section shall take effect until the time for appeal in section 4464(a) of this title has passed, or in the event that a notice of appeal is properly filed, such permit shall not take effect until final adjudication of said appeal.

(b) Each zoning permit issued under this section shall contain a statement of the period of time within which an appeal may be taken. Within three days following the issuance of a zoning permit, the administrative officer shall:

(1) Deliver a copy of the permit to the listers of the municipality; and

(2) Post a copy of the permit in at least one public place in the municipality until the expiration of fifteen days from the date of issuance of the permit.

(c) Within 30 days after a municipal permit relating to land, structures, and other improvements to land, including a zoning, planning, subdivision, site plan, health, street, building or other municipal permit, certificate of occupancy, certificate of compliance or similar certificate has become final or within 30 days of the issuance of any notice of violation, the appropriate municipal official shalldeliver a notice of violation or memorandum or notice of recording to the town clerk for recording as provided in subsection 1154(a) or (b) of this title. The municipal officer may charge the applicant for the cost of the recording fees as required by law.

*[(c)]*(d) If a public notice is issued under this chapter with respect to the adoption or amendment of a bylaw, or an amendment to an ordinance adopted under prior enabling laws, the administrative officer shall not issue any permit under section (a)(1) of this section, if the permit is with regard to the bylaw, or amendment to a bylaw or ordinance, for the period commencing upon the date of that public notice and ending upon the effective date of the adoption or rejection of the bylaw or amendment, except with the written consent of the legislative body of the municipality given after public hearing upon public notice.

Sec. 4. 24 V.S.A. § 4496 is added to read:

§ 4496. ENFORCEMENT; LIMITATIONS

(a) Except as provided in subsections (b) and (c) of this section, an action, injunction or other enforcement proceeding under sections 1974a, 4444 or 4445 of this title shall be commenced within ten years from the date the alleged violation first occurred, and not thereafter, except that for violations alleged to have first occurred after June 30, 1988 and prior to the effective date of this section, the action shall be commenced within six years of the effective date of this section, and not thereafter. The burden of proving the date the alleged violation first occurred shall be on the current owner or occupant.

(b) An action, injunction or other enforcement proceeding under sections 1974a, 4444 or 4445 of this title may be commenced at any time against the current owner or occupant, or both, of any street, building, structure or land for any violation, if:

(1) the current owner or occupant is the person who first created the violation; or

(2) prior to the time the current owner acquired title to, or the current occupant began occupancy of, the street, building, structure or land, a notice of violation was properly recorded and indexed in the land records of the municipality; or

(3) the action, injunction or other enforcement proceeding is instituted to abate or remove a hazard to human health or public safety.

(c) Nothing in this section shall prevent any action, injunction or other proceeding against the person who first created the violation, whether or not the current owner or occupant.

(d)(1) As used in this section, "person" means:

(A) an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership;

(B) a municipality or state agency; or

(C) individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from real estate.

(2) The following individuals and entities shall be presumed not to be affiliated with a person for the purpose of profit, consideration or other beneficial interest within the meaning of this section, unless there is substantial evidence of an intent to evade the purposes of this section:

(A) a stockholder in a corporation shall be presumed not to be affiliated with a person, solely on the basis of being a stockholder if the stockholder owns, controls or has a beneficial interest in less than five percent of the outstanding shares in the corporation;

(B) an individual shall be presumed not to be affiliated with a person, solely for actions taken as an agent of another within the normal scope of duties of a court appointed guardian, a licensed attorney, real estate broker or salesperson, engineer or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship;

(C) a seller or chartered lending institution shall be presumed not to be affiliated with a person, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community.

Sec. 5. 27 V.S.A. § 612 is added to read:

§ 612. MUNICIPAL PERMITS

Notwithstanding the majority decision in Bianchi v. Lorenz (1997), for land development, as defined in 24 V.S.A. § 4303(3), that commenced prior to the effective date of this section, no encumbrance on record title to real estate or effect on marketability shall be created:

(1) by the failure to obtain any required municipal permit, including any zoning, planning, subdivision, site plan, health, street or building permit; or

(2) by the failure to obtain any required certificate of occupancy, certificate of compliance or similar certificate; or

(3) by the failure to record such a permit or certificate; or

(4) by a violation with respect to which the municipality is limited from instituting an action, injunction or other enforcement proceeding pursuant to 24 V.S.A. § 4496.

Sec. 6. 24 V.S.A. § 4406(1) is amended to read:

(1) Existing small lots. Any lot in individual and separate and non-affiliated ownership from surrounding properties in existence on the effective date of any zoning regulation, including an interim zoning regulation, may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one-eighth acre in area with a minimum width or depth dimension of forty feet. If such lot subsequently comes under common ownership with one or more contiguous lots, the lot shall be deemed merged with the contiguous lot for purposes of this chapter. However, such lot shall not be deemed merged and may be separately conveyed, if:

(A) the lots are conveyed in their pre-existing, non-conforming configuration; and

(B) on the effective date of any zoning regulations, each lot had been developed with a water supply and wastewater disposal system; and

(C) at the time of transfer, each water supply and wastewater system is functioning in an acceptable manner.

Sec. 7. EFFECTIVE DATE AND IMPLEMENTATION

This section and Secs. 5 and 6 shall take effect upon passage; Secs. 1- 4 shall take effect July 1, 1998. Upon passage, the secretary of state shall notify appropriate municipal officials of the requirements of this act.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment? on motion of Senator Ready, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Thereupon, pursuant to the request of the Senate, the President announced the appointment of

Senator Sears

Ready

Doyle

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Rules Suspended; Bills Messaged

On motion of Senator Shumlin, the rules were suspended and the following bills were ordered messaged to the House forthwith:

S. 232, H. 540, H. 636, H. 743, H. 770.

Rules Suspended; Joint Resolutions Messaged

On motion of Senator Shumlin, the rules were suspended and the following joint resolutions were ordered messaged to the House forthwith:

J.R.H. 144, J.R.H. 149, J.R.H. 160, J.R.H. 167.

Rules Suspended; Bills Delivered

On motion of Senator Shumlin, the rules were suspended and the following bills were ordered delivered to the Governor forthwith:

S. 29, S. 103, S. 202, S. 241, S. 248.

Appointments Confirmed

The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred:

The nomination of

BEN E. JOSEPH

of North Hero, as a District Court Judge, for a term from and including February 1, 1998, to March 31, 2001, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

JAMES COUTURE

of Burlington, as Chair of the Parole Board, for a term from and including March 1, 1998, to February 28, 2003, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

M. KATHLEEN MANLEY

of Lyndonville, as a Superior Court Judge, for a term from and including February 1, 1998, to March 31, 2001, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

Appointments Confirmed

Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Shumlin, the following Gubernatorial appointments were confirmed together as a group by the Senate, without reports given by the Committees to which they were referred and without debate:

The nomination of

JOHN BERNASCONI

of Barre, as a Member of the Board of Real Estate, for a term from and including August 18, 1997, to June 30, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

CATHERINE L. BUGHMAN

of Burlington, as a Member of the Vermont Real Estate Commission, for a term from and including June 4, 1997, to February 28, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

ROBERT L. WALSH

of South Burlington, as a Member of the Vermont Real Estate Commission, for a term from and including March 5, 1998, to June 30, 2001, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

STEPHEN MARK TURHAN

of Brattleboro, as a Member of the Job Start Board, for a term from and including October 28, 1997, to July 31, 2002, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

LANCE P. MORAN

of Essex Junction, as a Journeyman Member of the Plumbers' Examining Board, for a term from and including October 20, 1997, to March 31, 2001, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

RAYMOND SPAULDING

of Barre, as a Member of the Plumbers' Examining Board, for a term from and including October 20, 1997, to February 28, 1999, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

THOMAS D. NESBITT

of Waterbury, as a Member of the Plumbers' Examining Board, for a term from and including October 20, 1997, to March 31, 2001, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

SHERRY M. PREHODA

of South Burlington, as a Member of the Board of Public Accountancy, for a term from and including August 18, 1997, to February 28, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

THOMAS E. LoPIZZO

of Barre, as a Member of the Public Oversight Commission, for a term from and including June 23, 1997, to July 25, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

BARBARA MANN

of Shelburne, as a Member of the Children and Family Council for Prevention Programs, for a term from and including January 5, 1998, to September 30, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

PAMELA SMITH

of Middlebury, as a Member of the Children and Family Council for Prevention Programs, for a term from and including January 5, 1998, to September 30, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

STEPHEN COULMAN

of Colchester, as a Member of the Children and Family Council for Prevention Programs, for a term from and including January 5, 1998, to September 30, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

RICK GISEL

of Newport, as a Member of the Children and Family Council for Prevention Programs, for a term from and including January 5, 1998, to September 30, 1998, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MARTHA ROBERTS

of Montpelier, as a Member of the Board of Mental Health, for a term from and including January 5, 1998, to February 5, 2003, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

ALICE HERSHEY SILVERMAN, M.D.

of St. Johnsbury, as a Member of the Board of Mental Health, for a term from and including January 5, 1998, to February 28, 2001, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

JOSEPH S. KASPRZAK

of St. Johnsbury, as a Member of the Children and Family Council for Prevention Programs, for a term from and including June 23, 1997, to September 30, 1997, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

CHARLES C. CUNNINGHAM

of Springfield, as a Member of the Board of Medical Practice, for a term from and including April 28, 1997, to June 30, 1999, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

FRANK P. BUGGIANI, DPM, DABFS

of Rutland, as a Member of the Board of Medical Practice, for a term from and including June 19, 1997, to June 30, 1999, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

JOHN E. MAZUZAN

of Burlington, as a Member of the Board of Medical Practice, for a term from and including June 23, 1997, to June 30, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

ANYA RADER

of Montpelier, as a Member of the Board of Medical Practice, for a term from and including July 22, 1997, to June 13, 1999, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MARGARET HARMON

of Montpelier, as a Member of the Board of Medical Practice, for a term from and including September 8, 1997, to June 30, 1998, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MARY JEAN WASIK

of Pittsford, as a Member of the Human Services Board, for a term from and including April 23, 1997, to March 1, 2003, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MAUREEN DAKIN

of Colchester, as a Member of the Human Services Board, for a term from and including April 23, 1997, to February 28, 2003, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MAUREEN BERTRAND

of Northfield, as a Member of the Board of Examiners for Nursing Home Administrators, for a term from and including September 12, 1997, to June 30, 2001, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

LORRAINE WELCH

of Colchester, as a Member of the Board of Examiners for Nursing Home Administrators, for a term from and including October 31, 1997, to June 30, 2001, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MARTHA O'CONNOR

of Brattleboro, as a Member of the Public Oversight Commission, for a term from and including September 8, 1997, to June 25, 1999, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

MARTHA O'CONNOR

of Brattleboro, as an Alternative Member of the Public Oversight Commission, for a term from and including June 23, 1997, to July 25, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

CHRIS LACKNEY

of Rutland, as a Member of the Public Oversight Commission, for a term from and including June 23, 1997, to July 25, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

WILLIAM B. TALBOTT

of North Ferrisburg, as Chair of the Public Oversight Commission, for a term from and including June 23, 1997, to July 25, 2000, and until his successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

JANE K. STICKNEY

of Williston, as a Member of the Public Oversight Commission, for a term from and including September 8, 1997, to July 25, 1999, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

The nomination of

KATHY BEYER

of Moretown, as an Alternate Member of the Public Oversight Commission, for a term from and including December 16, 1997, to July 25, 2000, and until her successor is appointed and has qualified.

Was confirmed by the Senate.

Message from the House

A message was received from the House of Representatives by Mr. Palmisano, its First Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has passed bills of the following titles:

H. 769. An act relating to the charter of the City of Rutland.

H. 776. An act relating to the charter of the Bennington School District.

In the passage of which the concurrence of the Senate is requested.

The House has adopted Joint Resolutions of the following titles:

J.R.H. 171. Joint resolution honoring Llewellyn Roberts of Danville on his 90th birthday.

J.R.H. 172. Joint resolution congratulating the Blue Mt. Grange on its Centennial Anniversary.

J.R.H. 173. Joint resolution honoring public sector employees.

J.R.H. 174. Joint resolution congratulating Linda Ward for her fundraising efforts on behalf of the March of Dimes.

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

The House has considered Senate proposal of amendment to House bill of the following title:

H. 636 . An act relating to Vermont's technical education system.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such Committee on the part of the House

Rep. Crawford of Burke

Rep. Vincent of Waterbury

Rep. Heath of Westford

The House has considered Senate proposal of amendment to House bill of the following title:

H. 766. An act relating to the charter of the City of Burlington.

And has concurred therein.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 452. An act relating to regulating service contract companies.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

And the Speaker has appointed as members of such Committee on the part of the House

Rep. Bjerke of Burlington

Rep. Smith of Sudbury

Rep. Kristensen of Guilford

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

S. 49. An act relating to timely payment of insurance claims.

S. 198. An act relating to eligibility for licensure as a clinical mental health counselor.

S. 212. An act relating to the placement of a manufacturer's lien upon dies, molds, forms or patterns.

S. 240. An act relating to corrections officers.

S. 295. An act relating to a defined contribution retirement plan.

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

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

S. 74. An act relating to cancellation of nonrenewal of health insurance coverage.

And has adopted the same on its part.

The House has considered a Joint Resolution originating in the Senate of the following title:

J.R.S. 67. Joint resolution urging the United States Congress to exempt Canadian citizens from the provisions of Section 110 of the Immigration Reform and Immigrant Responsibility Act of 1996.

And has adopted the same in concurrence.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until one o'clock in the afternoon.