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House Calendar

THURSDAY, MARCH 16, 2000

72nd DAY OF ADJOURNED SESSION

ORDERS OF THE DAY

Unfinished Business of Tuesday, March 14,2000

Third Reading

H. 629

An act relating to special education services.

Amendment to be offered by Rep. Waite of Pawlet to H. 629

Moves to amend the bill by striking Sec. 7 and renumbering the remaining sections to be numerically correct.

Amendment to be offered by Rep. Corren of Burlington to H. 629

Moves to amend the bill in Sec. 4(f)(1) by inserting after the word "formula" the following:

that do not shift a greater burden onto the local level.

Amendment to be offered by Reps. Weiss of Northfield and Perry of Richford to H. 629

Moves to amend the bill in Sec. 6(b) at the end of the subsection by adding a new sentence to read:

However, the commissioner may provide assistance to a school district which does not reach the 85 percent target if the district made a reasonable attempt to reach the target but was prevented from reaching it by extraordinary circumstances.

Favorable with Amendment

H. 540

An act relating to waiting period and holidays and payment of unemployment compensation benefits.

Rep. Anderson of Woodstock, for the Committee on Commerce, recommends the bill be amended as follows:

By striking Sec. 2 in its entirety.

The Committee further recommends that after passage the title of the bill be amended to read: AN ACT RELATING TO HOLIDAYS AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFITS

(Committee vote: 7-1-3)

H. 598

An act designating the Vermont State Song.

Rep. Flory of Pittsford, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. FINDINGS

In 1998, the General Assembly adopted Joint House Resolution 102, directing the Vermont Arts Council to appoint a three-member panel to recommend a new state song to the General Assembly. The specially-appointed panel, pursuant to the resolution, conducted the selection process in a fair and impartial manner. A total of 107 entries was received. After a careful review, eight songs were selected as finalists, aired on the state's public radio and television networks, and posted on the Vermont Arts Council's World Wide Web site. All Vermonters were invited to participate in the review of the final eight selections. As a result of this public process, the winning song was "These Green Mountains," composed by Diane Martin and arranged by Rita Buglass. The public and representatives of for profit and not-for-profit organizations may perform or invite the performance of the song for any reason without receiving permission from the composer.

Sec. 2. 1 V.S.A. § 514 is added to read:

§ 514. STATE SONG

The state song shall be "These Green Mountains."

(Committee vote: 11-0-0)

Amendment to be offered by Rep. Flory of Pittsford to H. 598

Moves to amend the recommendation of amendment of the Committee on General, Housing and Military Affairs in Sec. 1, last sentence, by striking the word "receiving" and inserting in lieu thereof the following:

compensation to or

H. 609

An act relating to uniform electronic transactions.

Rep. Young of Orwell, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 9 V.S.A. chapter 20 is added to read:

CHAPTER 20. UNIFORM ELECTRONIC TRANSACTIONS ACT

§ 200. SHORT TITLE

This chapter may be cited as the Uniform Electronic Transactions Act.

§ 201. DEFINITIONS

For purposes of this chapter:

(1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.

(5) "Consumer transaction" means:

(A) any sale or lease, or the offer for sale or lease, to an individual for personal, residential or household purposes, or to a person in connection with the operation of a farm, of any goods, products or services by a seller who is regularly and principally engaged in a business of selling goods, products or services; and

(B) any solicitation of, or agreement to make, a charitable contribution within the meaning of 9 V.S.A., chapter 63, subchapter 2.

(6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(7) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(8) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. In a consumer transaction, an electronic record does not include a voice communication or a record of a voice communication.

(9) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.

(10) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(11) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(12) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(13) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(17) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

§ 202. SCOPE

(a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) The Uniform Commercial Code, other than sections 1-107 and 1-206, Article 2, and Article 2A of Title 9A.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this section when used for a transaction subject to a law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.

(e) If a Vermont statute or regulation requires that the following disclosures or notices be provided to a consumer subsequent to consummation of a consumer transaction, such disclosures or notices must be given in writing: notice of default, eviction, repossession, foreclosure, utility shutoff, insurance denials, insurance cancellations, health care denials or notice of right to appeal.

§ 203. PROSPECTIVE APPLICATION

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.

§ 204. USE OF ELECTRONIC RECORDS AND ELECTRONIC

SIGNATURES; VARIATION BY AGREEMENT

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. An agreement to conduct a consumer transaction by electronic means may not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract may not be conditioned upon an agreement to conduct transactions by electronic means. An agreement to conduct a consumer transaction by electronic means may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. If a consumer transaction is solicited or negotiated by any voice communication by telephone, then the consumer's agreement to conduct the transaction by electronic means must be confirmed by an express acknowledgment transmitted by the consumer by electronic means. This subsection may not be varied by agreement.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. This subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

(f) A consumer who makes an agreement to conduct a transaction electronically with a commercial party is entitled to a nonelectronic copy, on request and at no charge, of any agreement or agreements the consumer has entered into, as well as any notice or other document communicated to the consumer electronically. This subsection may not be varied by agreement.

(g) An agreement to conduct a transaction electronically is subject to a requirement of good faith and fair dealing with respect to both the inducement to agree and the implementation of the agreement.

(h) A consumer who makes an agreement to conduct a transaction electronically with a commercial party may at any time designate a different electronic address for the purpose of receiving electronic records.

§ 205. CONSTRUCTION AND APPLICATION

This chapter must be construed and applied:

(1) to facilitate electronic transactions consistent with other applicable law;

(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices;

(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it; and

(4) to ensure that consumers are adequately protected from unfair, deceptive and unconscionable acts and practices.

§ 206. LEGAL RECOGNITION OF ELECTRONIC RECORDS,

ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.

§ 207. PROVISION OF INFORMATION IN WRITING; PRESENTATION

OF RECORDS

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:

(1) The record must be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subdivision (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.

(3) The record must contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but:

(1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by United States mail, may be varied by agreement to the extent permitted by the other law.

§ 208. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND

ELECTRONIC SIGNATURE

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

§ 209. EFFECT OF CHANGE OR ERROR

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual or on the part of the individual in dealing with the electronic agent of another person if, at the time the individual learns of the error, the individual:

(A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(C) has not used or received any benefit or value from the consideration, if any, received from the other person.

(3) If neither subdivision (1) nor (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(4) Subdivisions (2) and (3) of this section may not be varied by agreement.

§ 210. NOTARIZATION AND ACKNOWLEDGMENT

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

§ 211. RETENTION OF ELECTRONIC RECORDS; ORIGINALS

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(1) accurately reflects the information set forth in the record at the time and after it was first generated in its final form as an electronic record or otherwise; and

(2) remains accessible for later reference.

(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information, the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.

(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.

(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.

(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.

§ 212. ADMISSIBILITY IN EVIDENCE

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

§ 213. AUTOMATED TRANSACTION

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

(3) The terms of the contract are determined by the substantive law applicable to it.

§ 214. TIME AND PLACE OF SENDING AND RECEIPT

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) is in a form capable of being processed by that system; and

(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between the sender and the recipient, an electronic record is received when it:

(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) it is in a form capable of being processed by that system.

(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d) of this section.

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

(2) If the transaction is a consumer transaction, or if the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence having the closest relationship to the underlying transaction, as the case may be.

(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

§ 215. TRANSFERABLE RECORDS

(a) In this section, "transferable record" means an electronic record that:

(1) would be a note under section 3-104 of Title 9A or a document under section 7-102 of Title 9A if the electronic record were in writing; and

(2) the issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6) of this subsection, unalterable;

(2) the authoritative copy identifies the person asserting control as:

(A) the person to which the transferable record was issued; or

(B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in section 1-201(20) of Title 9A, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 9A, including, if the applicable statutory requirements under sections 3-302(a), 7-501, or 9-308 of Title 9A are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 9A.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

§ 216. APPLICABILITY

If a law other than this chapter requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under that other law unless, in addition to satisfying the requirements of that other law and this chapter, the notice of cancellation may be returned by electronic means. This section may not be varied by agreement.

Sec. 2. STUDY OF ELECTRONIC RECORDS AND STATE

GOVERNMENT

The agency of administration shall study the creation and retention of electronic records, the acceptance and distribution of electronic records, and the conversion of written records to electronic records by the state government. In conducting this study, the agency shall consult with representatives from the three branches and all of the agencies of state government in order to propose consistent standards and practices with regard to electronic records. The agency shall submit a report to the House Committee on Commerce and the Senate Committee on Finance by January 1, 2001, recommending an electronic record plan for state government, including any statutory revisions and any appropriations necessary for implementing the plan.

Sec. 3. EFFECTIVE DATE

This act shall take effect January 1, 2001, except for Sec. 2, which shall be effective on passage.

Sec. 4. SAVINGS AND TRANSITIONAL PROVISIONS

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.

(Committee vote: 8-0-3)

H. 612

An act relating to residential housing standards.

Rep. Masland of Thetford, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking Secs. 2 and 3 and inserting in lieu thereof the following:

Sec. 2. 21 V.S.A. § 274(c) is added to read:

(c) Unless required by federal law, any single dwelling unit of two or more stories within a building consisting of four or more dwelling units is not required to have a vertical access within the dwelling unit, provided that five percent of the dwelling units, or one unit, whichever is greater, has an accessible entrance, and all the dwelling units meet or exceed the minimum standards required in section 286 of this title.

Sec. 3. 21 V.S.A. chapter 4 is redesignated as follows:

CHAPTER 4. ACCESSIBILITY STANDARDS FOR PUBLIC BUILDINGS AND PARKING

Subchapter 1. Public Buildings and Parking

Sec. 4. 21 V.S.A. chapter 4, subchapter 2 is added to read:

Subchapter 2. Residential Building Standards

§ 286. ACCESSIBILITY STANDARDS; RESIDENTIAL CONSTRUCTION

(a) For the purposes of this subchapter, "residential construction" means new construction of one family or multifamily dwellings. "Residential construction" shall not include a single family dwelling built by the owner for the personal occupancy of the owner and the owner's family, nor the assembly or placement of residential construction that is prefabricated or manufactured out of state.

(b) Any residential construction shall be built to comply with all the following standards:

(1) At least one first floor exterior door that is at least 36 inches wide.

(2) First floor interior doors between rooms that are at least 34 inches wide or open doorways that are at least 32 inches wide with thresholds that are level, ramped or beveled.

(3) Interior hallways that are level and at least 36 inches wide.

(4) Environmental and utility controls and outlets that are located at heights that are in compliance with standards adopted by the Vermont access board.

(5) Bathroom walls that are reinforced to permit attachment of grab bars.

(c) A violation of this section shall neither affect marketability nor create a defect in title of the residential construction.

Sec. 5. DEPARTMENT OF AGING AND DISABILITIES; VISITABLE

HOUSING INFORMATION

(a) The commissioner of aging and disabilities, in consultation with the commissioners of labor and industry and housing and community affairs and representatives from the homebuilding industry, shall prepare a pamphlet that explains the construction standards and advantages of "visitable" housing, including zero-step entries and other accessibility features, to assist potential new home buyers make informed decisions. The pamphlets shall be completed no later than December 1, 2001. For the purposes of this section, "a visitable home" is a dwelling unit that is built, at a minimum, in accordance with the provisions in 21 V.S.A. § 286(b).

(b) The department shall work with interested parties, including home builders, lending institutions, real estate brokers and consumer groups to promote and facilitate timely distribution of the pamphlets to persons purchasing or contracting for residential construction. On or before March 15, 2002, the commissioner of aging and disabilities shall report to the general assembly on the success of the efforts to distribute the pamphlets to home buyers prior to construction.

(c) The department of aging and disabilities may award incentive funds, through a competitive process, to build a model home to demonstrate the feasibility of constructing a "visitable" home.

Sec. 6. EFFECTIVE DATE

This act shall take effect on passage, except that Sec. 4 shall apply to residential construction begun after July 1, 2001.

(Committee vote: 11-0-0)

H. 795

An act relating to motorboat navigation.

Rep. Neiman of Georgia, for the Committee on Transportation, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 23 V.S.A. § 3306(a) is amended to read:

Sec. 1. 23 V.S.A. § 3306(a) is amended to read:

(a) Every vessel shall carry and show the following lights when underway between sunset and sunrise; and all vessels shall conform to the lights and shapes specified by the federal Inland Navigation Rules as described in the United States Coast Guard's COMDTINST M16672.

(1) *[manually]* Manually propelled *[boats,]* vessels may display the lights prescribed for sailing vessels, or shall have ready at hand a lantern capable of showing a white light which shall be temporarily displayed in sufficient time to prevent a collision*[;]*.

(2) *[motorboats]* Motorboats less than *[26 feet]* 12 meters (39.4 feet) in length, a white light aft *[showing]* visible all around*[, visible]* for at least two miles, *[a light]* sidelights in the forepart of the *[boat]* vessel, lower than the white light aft, showing green to starboard and red to port, visible for at least one mile*[;]*.

(3) *[motorboats 26 feet or longer, a white light aft showing all around, visible for at least two miles, a white light in the forepart of the boat showing all around, a light boats in the forepart of the boat showing red to port and green to starboard, visible at least one mile;]*

*[(4) boats]* Vessels propelled by sail, a white stern-light light *[showing]* visible all around *[visible]* for at least two miles*[, and a white light in the forepart of the boat, lower than the white light aft, showing red to port and green to starboard;]*. During the day, vessels at anchor shall exhibit a ball shape in the bow. Vessels less than seven meters (23.0 feet) are not required to display anchor lights or day shapes unless anchored in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate. Anchor lights are not required on vessels less than 20 meters (65.6 feet) anchored in special anchorage areas. *[(5)]*(4) *[any]* Any light or combination of lights approved by the Coast Guard for inland waters shall be considered legal for Vermont waters.

Sec. 2. 23 V.S.A. § 3308 is amended to read:

§ 3308. BOAT LIVERIES

The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him or her to be operated as a motorboat and the identification number and the date and time of rental. The record shall be preserved for at least six months. The owner shall require the operator to produce a certificate of boating education or proof that the operator was born prior to January 1, 1974.

Sec. 3. 23 V.S.A. § 3312a(c) is amended to read:

(c) Personal watercraft shall not be operated at any time during the hours between *[one-half hour after]* sunset and *[one-half hour before]* sunrise.

Sec. 4. 23 V.S.A. § 3313(b) is amended to read:

(b) If a collision, accident, or other casualty involving a vessel results in death or injury to a person requiring treatment beyond first aid or damage to property in excess of *[$100.00]* $500.00, the operator shall file with the commissioner of motor vehicles within 36 hours, a full description of the collision, accident, or other casualty, including such information as the commissioner may, by rule, require.

(Committee vote: 11-0-0)

Favorable

H. 749

An act relating to exempting municipally-owned trucks from weight limits.

Rep. Neiman of Georgia, for the Committee on Transportation, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Unfinished Business of Wednesday, March 15, 2000

Action Postponed Until Wednesday, March 15, 2000

H. 595

An act relating to motor vehicles.

Pending Action: Third reading of the bill.

Amendment to be offered after third reading by Rep. Cross of Winooski to H. 595

Moves to amend the bill on page 1, after line 12, by adding a new subdivision to read:

23 V.S.A. § 4(34)(F) to read as follows:

(F) A school bus, other than a Type I school bus, owned or leased by a school and not being used on a fixed route to transport students to and from home and school, may be a color other than national school bus yellow; however, it must meet the other identification and equipment requirements specified in section 1283 of this title.

Third Reading

H. 784

An act relating to act 250 jurisdiction, district commission chairs, review on the record, violations, and presumptions accorded to agency permits.

Amendment to be offered by Rep. Mazur of South Burlington to H. 784

Moves the bill be amended by adding two new sections to read:

Sec.11a. 24 V.S.A. § 4450 is added to read:

§ 4450. ACT 250 EXEMPT DOWNTOWN DISTRICT

(a) A municipality may apply to the secretary of commerce and community development to have a specified downtown district designated as an Act 250 exempt downtown district. The application shall contain the following:

(1) A map delineating the proposed downtown.

(2) Evidence that the municipality has in effect permanent zoning and subdivision bylaws.

(3) Evidence that the municipality has adopted the municipal administrative procedures act (MAPA) established under chapter 36 of this title and has provided that it shall apply to all hearings under this chapter.

(b) On receipt of an application under this section, the secretary of commerce and community development shall review the application and shall designate the downtown as an Act 250 exempt downtown district upon determining all of the following:

(1) The municipality has a confirmed planning process and has adopted permanent zoning and subdivision bylaws.

(2) The delineated downtown is, in fact, a "downtown," as defined in section 2791 of this title.

(3) The municipality has adopted the municipal administrative procedures act (MAPA) established under chapter 36 of this title and has provided that it shall apply to all hearings under this chapter.

(c) Upon the effective date of designation, all development, permitted or not, within the district shall be exempt from review under 10 V.S.A. chapter 151.

Sec.11b. STUDY ON INCENTIVES FOR DEVELOPMENT OF DOWNTOWNS AND VILLAGE AND TOWN CENTERS

(a) A study committee shall be formed consisting of at least eight members of the house, appointed by the speaker of the house so that no party has a majority, and to include at least three members of the committee on natural resources and energy. The study committee may meet up to eight times and committee members shall be entitled to compensation and expenses, as provided in 2 V.S.A. § 406.

(b) The study committee shall prepare a report and submit it to the general assembly no later than January 15, 2001. This report shall include draft legislation which focuses upon incentives to foster and encourage planned, mixed use growth and development in town and village centers, downtowns, and emerging downtown areas in a manner that is consistent with the historic settlement pattern of compact village and urban centers separated by rural countryside and that is supported by public infrastructure. The report shall include incentives to develop or redevelop housing in downtowns, emerging downtowns, and town and village centers.

Amendment to be offered by Reps. Hingtgen of Burlington, Edwards of Swanton, Hube of Londonderry, Livingston of Manchester, Marron of Stowe, Pugh of South Burlington and Vinton of Colchester to H. 784

Move the bill be amended by by adding two new sections to read:

Sec. 11a. 24 V.S.A. § 4002 is amended to read:

§ 4002. DEFINITIONS

The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

* * *

(15) "Affordable Housing" shall mean either of the following:

(A) Housing that is owned by its inhabitants, whose household gross annual income does not exceed 80% of the state median income, as defined by the United States Department of Housing and Urban Development, and that has a total annual cost of principal, interest, taxes, and insurance for the housing that is not more than 30% of the household's gross annual income.

(B) Housing that is rented by its inhabitants, whose household gross annual income does not exceed 65% of the state median income, as defined by the United States Department of Housing and Urban Development, and that has a total annual cost of rent and utilities for the housing that is not more than 30% of the household's gross annual income.

(16) "Affordable housing development" means a development comprised of at least 50 percent affordable housing units.

Sec. 11b. 24 V.S.A. § 4407 is amended to read:

§ 4407. PERMITTED TYPES OF REGULATIONS

Any municipality may adopt zoning regulations that may include, but shall not be limited to, any of the following provisions:

* * *

(3) Planned residential development. Any municipality may adopt zoning regulations providing for planned residential development to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of the open lands of this state. The modification of zoning regulations by the planning commission or the development review board may be permitted simultaneously with the approval of a subdivision plan, subject to the following conditions:

* * *

(B) If authorized in the bylaw the permitted number of dwelling units may include a density increase of as much as 25 percent, or 50 percent in the case of an affordable housing development, beyond the number which could be permitted in the planning commission's or the development review board's judgment, if the land were subdivided into lots in conformance with the zoning regulations for the districts in which such land is situated, giving due consideration to site conditions limiting development, such as shallow depth of soil, wetness and steep slopes. When a bylaw authorizes a density increase, no person shall be required to apply for or accept a density increase. In granting a density increase, the planning commission or the development review board shall consider the capacities of community facilities and services and the character of the area affected;

* * *

(12) Planned unit development. Any municipality may adopt zoning regulations providing for planned unit developments to encourage new communities, innovation in design and layout, and more efficient use of land. The modification of zoning regulations by the planning commission or the development review board may be permitted simultaneously with the approval of a subdivision plat subject to the conditions set forth in this subdivision. Any local zoning regulations containing provisions for planned unit development shall describe the standards and conditions by which a proposed planned unit development shall be evaluated. The planning commission or the development review board may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in the zoning regulations, provided the rules and regulations are not inconsistent with the zoning regulations. The planning commission or the development review board shall hold a public hearing after public notice as required by section 4447 of this chapter, prior to the establishment of any supplementary rules and regulations. Permitted uses may include and shall be limited to:

(A) dwelling units in detached, semi-detached, or multi-storied structures, or any combination thereof; and may include a density increase of as much as 50 percent for an affordable housing development beyond the number which could be permitted in the planning commission's or the development review board's judgment, if the land were subdivided into lots in conformance with the zoning regulations for the districts in which the land is situated, giving due consideration to site conditions limiting development, including but not limited to shallow depth of soil, wetness, and steep slopes. When a bylaw authorizes a density increase, no person shall be required to accept a density increase. In granting a density increase, the planning commission or the development review board shall consider the capacities of community facilities and services and the character of the area affected;

(B) any nonresidential use;

(C) public and private educational facilities; and

(D) industrial uses and buildings.

* * *

Amendment to be offered by Rep. Deen of Westminster to H. 784

Moves to amend the bill in Sec. 7. § 6085a(f), by inserting after the period following the word "efficiencies" the following:

The report shall include evaluations solicited from all parties to any on the record proceedings at the DEC level.

Amendment to be offered by Rep. Hyde of Fayston to H. 784

Moves to amend the bill by striking Sec. 1 and renumbering the remaining sections to be numerically correct.

Amendment to be offered by Rep. Towne of Berlin to H. 784

Moves to amend the bill in Sec. 15 as follows:

Sec. 15. 10 V.S.A. § 6081(n) is added to read:

(n) Redevelopment or reconstruction of an existing commercial development for similar use shall not require a permit or permit amendment under this chapter.

Amendment to be offered by Rep. Gervais of Enosburg to H. 784

Moves the bill be amended in Sec. 8. § 6086(d), after the subdivision designation "(3)", by inserting the following:

In a municipality that has no development review board, the district commissions and the board shall accept the determinations of a planning commission or zoning board of adjustment designated by the local legislative body to perform local Act 250 review of municipal impacts, if the project is endorsed by the local legislative body. The acceptance of a determination, positive or negative, shall create a presumption that may be rebutted only by clear and convincing evidence regarding the effect on the public health and welfare with respect to the specific requirement for which it is accepted.

(4)

Amendment to be offered by Rep. Metzger of Milton to H. 784

Moves the bill be amended in Sec. 7, 10 V.S.A. §6085(h), after the word "any", by inserting the following: person or

Amendment to be offered by Rep. Marron of Stowe to H. 784

Moves the bill be amended in Sec. 8, 10 V.S.A. § 6086(d), by adding a new subdivision (4) to read as follows:

(4) A determination issued by a development review board in compliance with 24 V.S.A. § 4449 with respect to subdivision (a)(10) of this section, to the extent that the determination pertains to conformance with a duly adopted local plan or capital program under 24 V.S.A. chapter 117, shall constitute an irrebuttable presumption. In a municipality with no development review board, a determination issued by a planning commission or zoning board of adjustment that has adopted the municipal administrative procedure act, and has been designated by the local legislative body to make findings with respect to subdivision (a)(10) of this section, to the extent that the determination pertains to conformance with a duly adopted local plan or capital program under 24 V.S.A. chapter 117, shall be an irrebuttable presumption.

Amendment to be offered by Rep. Levin of Hartland to H. 784

Moves the bill be amended as follows:

First: in Sec. 7, 10 V.S.A. § 6085a(a), after the fourth sentence, by inserting the following: The commission shall not determine a recorded hearing to be in the public interest unless it determines that there is, or is likely to be, another application pending or soon to be pending before the commission that will not be subject to recorded hearings and that is generally comparable in terms of size, complexity, expected opposition, impact on the community, and environmental challenges. The commission shall conduct its proceedings according to a standard scientific approach, which shall be established by the board so as to facilitate the comprehensive comparison of a recorded hearing with an identified comparable project. All participants in a recorded hearing shall be advised of the experimental nature of the process, and urged to provide assistance in evaluating the process and its impacts.

Second: in Sec. 7, 10 V.S.A. § 6085a(f), by striking the fourth sentence, and inserting in lieu thereof the following:

The chief coordinator shall work with the district coordinators, and shall present to the legislative committees on natural resources and energy a portion of the report which shall detail the range of projects for which there were recorded hearings, the districts where the recorded hearings took place, the outcomes of completed hearings, whether appeals were taken, and if so by what party, and statistics that allow recorded hearings to be fully compared with the comparable projects, in terms of time, costs, and other relevant factors. The report shall include the results of exit interviews conducted with parties and persons refused party status, which interviews shall include questions comparing the procedures followed in current case with procedures followed in any previous case under this chapter, in which the person has participated.

Favorable with Amendment

H. 738

An act relating to professional regulation.

Rep. Rivero of Milton, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

* * * Office of Professional Regulation * * *

Sec. 1. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

* * *

(c) Notwithstanding any provisions of law to the contrary, a board shall not require payment of renewal fees for years during which a license was lapsed.

Sec. 2. 3 V.S.A. § 129 is amended to read:

§ 129. POWERS OF BOARDS; DISCIPLINE PROCESS

(a) In addition to any other provisions of law, a board may exercise the following powers:

* * *

*[(4) After notice and an opportunity to be heard, issue a warning for minor violations of a provision of statute or the board's rules. The types of violations subject to warnings under this section shall be designated by the board, by rule. ]* *[(5)]*(4) Issue warnings or reprimands, suspend, revoke, limit, condition or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately, as provided by section 814 of this title. *[(6)]*(5) Reinstate or deny reinstatement of a license which has been revoked, suspended, limited or conditioned. *[(7)]*(6) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited or conditioned by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct. *[(8)]*(7) Notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person. *[(9)]*(8) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board. *[(10)]*(9) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this state for no more than 10 days or 80 hours in any calendar year upon payment of the required fee. *[ (11)]*(10) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.

(11) Issue temporary licenses to health care providers during a declared state of emergency. The health care provider to be issued a temporary license must be currently licensed, in good standing and not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first. Fees shall be waived when a license is required to provide services under this subdivision.

* * *

* * * Accountants * * *

Sec. 3. 26 V.S.A. § 73 is amended to read:

§ 73. CORPORATIONS PRACTICING PUBLIC ACCOUNTING

A corporation *[or]*, limited liability company, partnership, or other business organization engaged in the practice of public accounting *[shall incorporate as a professional corporation, or organize as a professional limited liability company and]* may be disciplined by the board for the unprofessional conduct of its officers, directors, managers, members, partners, shareholders and employees. Disciplinary action against a corporation *[or]*, limited liability company, partnership, or other business organization may include recommending to the secretary of state that involuntary dissolution proceedings be begun.

Sec. 4. 26 V.S.A. § 74 is amended to read:

§ 74. FIRMS; REGISTRATION AND OWNERSHIP

(a) All firms that have an office established or maintained in this state for the practice of public accounting shall be registered *[triennially with the board until July 1, 1999 and]* biennially with the board *[thereafter]*. Each office shall be under the direct supervision of a resident manager who shall be a public accountant licensed in this state and shall be either a principal, shareholder or a staff employee. The resident manager may serve in that capacity at one office only. The board shall adopt rules prescribing the procedure to be followed in carrying out the registrations.

(b) An applicant for initial registration or renewal under this section shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, members, shareholders or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, members, shareholders or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid license issued under this chapter. Although firms may include nonlicensee owners, the firm and its ownership must comply with the rules adopted by the board.

(c) Any CPA or RPA firm as defined in this chapter may include nonlicensee owners, provided that:

(1) The firm designates a licensee of this state who is responsible for the proper registration of the firm, and identifies that individual to the board.

(2) All nonlicensee owners are active individual participants in the CPA or RPA firm or affiliated entities.

(3) The firm complies with such other requirements as the board may impose by rule.

(d) Any individual licensee who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm, shall meet the experience or competency requirements set out in the professional standards for such services.

(e) Any individual licensee who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm, shall meet the experience or competency requirements of subsection (d) of this section.

Sec. 5. 26 V.S.A. § 75 is amended to read:

§ 75. RENEWAL

(a) Public accountant licenses and firm registrations under this chapter shall be renewed every three years prior to July 1, 1999 and every two years thereafter on payment of the required fee.

(b) As a condition of renewal of a license as a public accountant, the board may require that the licensee establish that he or she has satisfied continuing education requirements established by board rule.

(c) The board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo *[report]* peer reviews conducted no more frequently than once every three years *[prior to July 1, 1999 and every two years thereafter]* in such manner and producing such satisfactory result as the board may specify, provided, however, that any such requirement:

(1) shall be adopted reasonably in advance of the time when it is first required to be met, and

(2) shall include a reasonable provision for compliance by an applicant's showing that the applicant has undergone a satisfactory *[quality]* peer review performed for other purposes which was substantially equivalent to *[report]* peer reviews generally required pursuant to this section, and completion of such review was within the *[two]* three years immediately preceding the renewal period.

(d) Information submitted for *[report]* peer reviews is exempt from public disclosure under 1 V.S.A. § 317(b)(3) and (6).

(e) Failure of a licensee or registrant to apply for renewal within three months of expiration terminates the right of renewal unless the applicant demonstrates hardship.

* * * Architects * * *

Sec. 6. 26 V.S.A. § 121 is amended to read:

§ 121. DEFINITIONS

As used in this chapter:

(1) "Architect" means a person who is licensed to practice architecture under this chapter.

(2) "Board" means the "Vermont board of architecture."

(3) "Disciplinary action" includes any action taken against a licensee by the board or on appeal from the board, when that action suspends, revokes, limits or conditions a license in any way, and includes reprimands and dismissals.

(4) "Plans" or "working drawings" mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement or alteration of any building or project.

(5) The "practice of architecture" means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure which has as its principal purpose human occupancy or habitation.

(6) "Responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.

*[(6)]*(7) "Supervision" means work prepared under the regular, personal review of a licensed architect's control and as to which the architect has detailed professional knowledge. *[(7)]*(8) "Technical submissions" means designs, drawings, specifications, studies and other technical reports prepared in the course of executing a portion of a construction project.

* * * Barbers and Cosmetologists * * *

Sec. 7. 26 V.S.A. § 277 is amended to read:

§ 277. QUALIFICATIONS; BARBER

(a) A person shall be eligible for licensure as a barber if the person is at least 18 years of age and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 months in addition to courses, as prescribed by the board, and has passed the examination described in section 283 of this title.

(b) The board shall issue a limited barbering license, with an endorsement for cutting, shampooing and styling hair and for mustache and beard trimming, to any person incarcerated in a state correctional facility who completes, while under the direct personal supervision of a barber licensed by the board, a course of training of not less than 10 hours in cutting, shampooing and styling hair and trimming of mustache and beard. Such limited license shall be valid only within a state correctional facility. No fees shall be charged for a limited license issued under this subsection.

Sec. 8. 26 V.S.A. § 281 is amended to read:

§ 281. SCHOOL OF BARBERING AND COSMETOLOGY;

REGISTRATION

* * *

(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without certification by the board and state correctional facilities may offer courses of instruction in barbering without certification by the board; however, credits for licensing will only be given for courses that meet the board's standards for courses offered in schools of barbering or cosmetology.

* * *

* * * Chiropractic * * *

Sec. 9. 26 V.S.A. § 529 is amended to read:

§ 529. POWERS; DUTIES

(a) In addition to its other powers and duties, the board shall:

(1) Provide general information to applicants.

(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection.

(b) The board may adopt rules necessary for the performance of its duties, including:

(1) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals;

(5) rules relating to medical recordkeeping standards and release of medical records.

Sec. 10. 26 V.S.A. § 541 is amended to read:

§ 541. DISCIPLINARY PROCEEDINGS; UNPROFESSIONAL CONDUCT

* * *

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

* * *

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.

* * *

* * * Dentists and Dental Hygienists * * *

Sec. 11. 26 V.S.A. § 812 is amended to read:

§ 812. REVOCATION OF LICENSE FOR FAILURE TO PAY FEES

(a) In case of default of payment of the renewal fee for a period of *[sixty]* 90 days, the license certificate shall be automatically revoked. However, the payment of the fee after the expiration of the *[sixty]* 90 days together with the late renewal penalty *[plus the registration fees that are in arrears, including the current years,]* shall restore the license certificate provided the requirements of subsection (c) of section 810 of this title have been met.

(b) Notwithstanding the provisions of subsection (a) of this section, a person shall not be required to pay registration fees for years spent on active duty in the Armed Forces of the United States. Such person shall only pay the late renewal penalty and the current biennial renewal fee.

* * * Embalmers * * *

Sec. 12. 26 V.S.A. § 951 is amended to read:

§ 951. QUALIFICATIONS OF MEMBERS; OATH; TERM; REMOVAL

The board of funeral service shall consist of five members appointed by the governor, three of whom shall be licensed funeral directors with five years of experience as funeral directors and two members shall represent the public. At least two of the funeral directors shall also be licensed embalmers. The public members shall not have a direct or indirect financial interest in the funeral business. Each member shall be sworn before entering upon *[his]* the member's duties. *[The term of office of each member shall be six years.]*

Sec. 13. REPEAL

26 V.S.A. § 952 (Officers) is repealed.

* * * Funeral Directors * * *

Sec. 14. 26 V.S.A. § 1257 is amended to read:

§ 1257. UNPROFESSIONAL CONDUCT

(a) A funeral director shall not engage in unprofessional conduct.

(b) Unprofessional conduct means:

* * *

(11) Failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

* * *

* * * Osteopathy * * *

Sec. 15. 26 V.S.A. § 1750 is amended to read:

§ 1750. DEFINITIONS

As used in this chapter:

(1) "Approved hospital" means a hospital approved by the American Osteopathic Association (AOA) or Accreditation Council for Graduate Medical Education (ACGME).

(2) "Approved program" means a one-year internship or postgraduate program approved by the AOA or the ACGME.

(3) "Accredited school or college of osteopathic medicine" means a school approved by the AOA or by the board according to its rules.

(4) "Board" means the board of osteopathic physicians and surgeons created under section 1791 of this title.

(5) "Disciplinary action" includes any action taken by the board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending or revoking a license and issuing warnings.

(6) "Local medical director" means, for purposes of this chapter, an osteopathic physician who is board-certified or board-eligible in his or her field of specialty, as determined by the AOA or the American Board of Medical Specialties (ABMS), and who is charged by a managed care plan with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(7) "Managed care plan" or "plan" means a health benefit plan offered by a health insurer that either requires a member to use, or creates incentives, including financial incentives, for a member to use, health care providers and health care facilities managed, owned, under contract with or employed by the health insurer. For purposes of this chapter, an obligation imposed upon a managed care plan shall be deemed to be imposed as well on the health insurer that offers the managed care plan.

(8) "Member" means any individual who has entered into a contract with a managed care plan for the provision of health care services, or on whose behalf such an arrangement has been made, as well as the individual's dependents covered by the contract.

*[(6)]*(9) "Osteopathic physician" means a person licensed under this chapter to practice osteopathic medicine. *[(7)]*(10) "Practice of osteopathic medicine" means the diagnosis, treatment, operation or prescription for any human disease, pain, injury, deformity or other physical or mental condition, which practice is based in part upon educational standards and requirements which emphasize the importance of the neuromusculoskeletal structure and manipulative *[therapy]* treatment in the maintenance and restoration of health.

Sec. 16. 26 V.S.A. § 1837 is added to read:

§ 1837. MANAGED CARE PLAN; LOCAL MEDICAL DIRECTOR

A local medical director who is an osteopathic physician employed by a managed care plan with members in this state shall possess a full and unrestricted license issued by the board.

* * * Pharmacy * * *

Sec. 17. 26 V.S.A. § 2045 is amended to read:

§ 2045. REINSTATEMENT

(a) *[A person applying for renewal of a license that has lapsed for five years or less shall not be assessed the renewal fees for the years during which the license was lapsed. For renewal of a license lapsed for more than five years, the board may assess the renewal fees for the years the license has lapsed beyond five.]* The board may renew a license which has lapsed upon payment of the required fee and the late renewal penalty, provided all the requirements for renewal, including continuing education, have been satisfied. The board shall not require payment of renewal fees for years during which the license was lapsed.

* * *

* * * Veterinary Medicine * * *

Sec. 18. 26 V.S.A. § 2426 is amended to read:

§ 2426. RENEWAL OF LICENSE

(a) Biennially, on or before August 1, a licensed veterinarian shall pay to the secretary of state, a renewal fee in the amount prescribed by section 2414 of this title, and shall receive a license card bearing *[his]* or her name, address, registration number, and the date of expiration of the license. The board shall suspend the license of a person whose renewal fee is delinquent, until the *[fee is paid]* renewal fee and late renewal penalty are paid and the person has satisfied all the requirements for renewal, including continuing education. A person shall not be required to pay renewal fees for years during which the license was lapsed. The certificate shall be displayed at the licensee's place of business. A renewal application form shall be mailed to every licensed veterinarian at least two months prior to the date of the biennial registration. Licenses which have not been renewed for a period of four years may not be renewed under this section.

* * *

Sec. 19. 26 V.S.A. § 2428 is amended to read:

§ 2428. REINSTATEMENT

Reinstatement procedures for lapsed licenses may not include reexamination unless the license has been lapsed for at least four years. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.

* * * Radiology * * *

Sec. 20. 26 V.S.A. § 2804 is amended to read:

§ 2804. COMPETENCY REQUIREMENTS OF CERTAIN LICENSED

PRACTITIONERS

Unless the requirements of section 2803(1) of this title have been satisfied, no physician, as defined in chapter 23 of this title, podiatrist, as defined in chapter 7 of this title, osteopathic physician, as defined in chapter 33 of this title, naturopathic physician as defined in chapter 81 of this title or chiropractor, as defined in chapter 9 of this title, shall apply ionizing radiation to human beings for diagnostic *[or therapeutic]* purposes *[after 1985]*, without first having satisfied the board of his or her competency to do so. The board shall consult with the appropriate licensing boards concerning suitable performance standards. The board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this title. This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology.

* * * Psychologists * * *

Sec. 21. 26 V.S.A. § 3001(10) is amended to read:

(10) "Professional psychology training program" means a post-graduate training program that: (A) is a planned program of study, defined by the board by rule, which reflects an integration of the science and practice of psychology and emphasizes assessment, intervention *[and]*, psychopathology, statistical methods and professional ethics, including practice and internship; and

(B) is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association or the Canadian Psychological Association; or

(C) is a master's program in psychology that is offered by an educational institution that is a full member of the Council of Applied Master's Programs in Psychology (CAMPP).

* * *

Sec. 22. 26 V.S.A. § 3013 is amended to read:

§ 3013. CONDUCT OF EXAMINATIONS

(a) The board shall conduct examinations under this chapter at least twice a year at a time and place designated by it, provided, however, that examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written, computer-administered, computer-adapted or oral as determined by the board. In any written examination each applicant shall be designated by a number so that his name is not disclosed to the board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the board deems most suitable to test an applicant's knowledge and competence to engage in the practice of psychology. An applicant shall be held to have passed an examination upon the affirmative vote of at least four members of the board.

* * *

Sec. 23. 26 V.S.A. § 3015 is amended to read:

§ 3015. RENEWALS

* * *

(d) As a condition of renewal, the board may require that licensees establish that they have satisfied continuing education requirements established by board rule. Upon application, the board may exempt from continuing education requirements a licensee on active duty in the armed forces of the United States, if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.

* * *

Sec. 24. 26 V.S.A. § 3016 is amended to read:

§ 3016. UNPROFESSIONAL CONDUCT

Unprofessional conduct means the conduct listed in this section and in section 129a of Title 3:

* * *

(9) Conduct which violates the "Ethical Principles of Psychologists and Code of Conduct" of the American Psychological Association, effective December 1, 1992, or its successor principles and code;

(10) Conduct which violates the "ASPPB Code of Conduct-1990" of the Association of State and Provincial Psychology Boards, or its successor code.

Sec. 25. 26 V.S.A. § 3018 is added to read:

§ 3018. TELEPRACTICE

Licensees who provide services regulated under this chapter by means of the internet or any other electronic means are deemed to provide such services in this state, and are subject to the jurisdiction of the board. The board may take disciplinary or other action against such licensees. Action taken by the board does not preclude any other jurisdiction from also taking disciplinary or other action against such licensees.

* * * Private Investigative and Security Services * * *

Sec. 26. 26 V.S.A. § 3173 is amended to read:

§ 3173. PRIVATE DETECTIVE AND PRIVATE DETECTIVE AGENCY

LICENSES

(a) No person shall engage in the business of a private detective or operate a private detective agency in this state without first obtaining a license to do so from the board. The board shall not issue a license to a private detective or private detective agency without first obtaining and approving the following:

(1) An application filed in proper form.

(2) An application fee as established pursuant to section 3178a of this title.

(3) Evidence that the applicant has attained the age of majority.

(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.

(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.

(c) The board shall require that the person has had appropriate experience in investigative work, for a period of not less than two years, as determined by the board. Such experience may include, but not be limited to, having been regularly employed as a private detective licensed in another state or as an investigator for a private detective licensed in this or another state, or has been a sworn member of a federal, state or municipal law enforcement agency.

(d) An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title.

*[(e) Licenses shall be issued without examination to a person licensed under the laws of another jurisdiction to engage in the business of a private detective upon proof that the applicant holds a current valid license issued by a jurisdiction whose requirements are substantially equal to those of this state, provided the applicant has applied in writing and has paid the appropriate fees pursuant to section 3178a of this title.]*

Sec. 27. 26 V.S.A. § 3174 is amended to read:

§ 3174. SECURITY GUARD AND SECURITY AGENCY LICENSES

(a) No person shall engage in the business of security guard or operate a private security agency providing guard services in this state without first obtaining a license to do so from the board. No person shall engage in the business of providing guard dog services or operate a private security agency providing guard dog services without first obtaining a license to do so from the board. The board shall not issue a license without first obtaining and approving the following:

(1) An application filed in proper form.

(2) The application fee.

(3) Evidence that the applicant has attained the age of majority.

(4) Evidence that the applicant has successfully passed the examination required by section 3175 of this title.

(b) The board may inquire of the Vermont criminal information center for any information on criminal records of the applicant, and the center shall provide such information to the board. The board, through the Vermont criminal information center, may also inquire of the appropriate state criminal record repositories in all states in which it has reason to believe an applicant has resided or been employed, and it may also inquire of the Federal Bureau of Investigation, for any information on criminal records of the applicant. When fingerprinting is required, the applicant shall bear the costs associated with the return and resubmission of illegible fingerprint cards. The board may also make such additional inquiries it deems necessary into the character, integrity and reputation of the applicant.

(c) The board shall require that the person has had experience satisfactory to the board in security work, for a period of not less than two years. Such experience may include having been licensed as a security guard in another state or regularly employed as a security guard for a security agency licensed in this or another state, or been a sworn member of a federal, state or municipal law enforcement agency.

(d) *[An applicant for a license to provide armed guard services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board.]*

*[(e)]* An application for a license may be denied upon failure of the applicant to provide information required, upon a finding that the applicant does not meet a high standard as to character, integrity and reputation or for unprofessional conduct defined in section 3181 of this title.

*[(f) Licenses shall be issued without examination to persons licensed under the laws of another jurisdiction to engage in the business of armed security guard services. Said licenses shall issue upon proof that the applicant holds a current valid license issued by a jurisdiction whose requirements are substantially equal to those of this state, provided the applicant has applied in writing and has paid the appropriate fees pursuant to section 3178a of this title.]*

Sec. 28. 26 V.S.A. § 3175a is added to read:

§ 3175a. FIREARMS AND GUARD DOG TRAINING

An applicant for a private detective or security guard license to provide armed services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board. The board shall adopt rules governing the approval of firearm and guard dog training, including instructor qualifications.

* * * Clinical Social Workers * * *

Sec. 29. 26 V.S.A. § 3210 is amended to read:

§ 3210. UNPROFESSIONAL CONDUCT

(a) The following conduct and the conduct set forth in section 129a of Title 3 by a licensed social worker constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial of a license:

* * *

*[(5) entering into an additional relationship with a client, supervisee, research participant or student that might impair the clinical social worker's objectivity or otherwise interfere with the clinical social worker's professional obligations; ]* *[(6)]*(5) practicing outside or beyond a clinical social worker's area of training, experience or competence without appropriate supervision*[.]*;

(6) engaging in conflicts of interest that interfere with the exercise of the clinical social worker's professional discretion and impartial judgment;

(7) failing to inform a client when a real or potential conflict of interest arises and to take reasonable steps to resolve the issue in a manner that makes the client's interest primary and protects the client's interest to the greatest extent possible;

(8) taking unfair advantage of any professional relationship or exploiting others to further the clinical social worker's personal, religious, political or business interests;

(9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(10) failing to take steps to protect a client and to set clear, appropriate and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;

(11) failing to clarify with all parties which individuals will be considered clients and the nature of the clinical social worker's professional obligations to the various individuals who are receiving services, when a clinical social worker provides services to two or more people who have a spousal, familial or other relationship with each other;

(12) failing to clarify the clinical social worker's role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients.

* * *

* * * Real Estate Appraisers * * *

Sec. 30. 26 V.S.A. § 3313 is amended to read:

§ 3313. BOARD OF REAL ESTATE APPRAISERS

*[(a)]* A board of real estate appraisers is established. The board shall consist of five members appointed by the governor *[with the advice and consent of the senate for three-year terms]*. Three members shall be real estate appraisers licensed under this chapter who have been actively engaged in the full-time practice of real estate appraising for five years preceding appointment and have been practicing in Vermont for the two-year period immediately preceding appointment. Two members shall be public members who shall have no direct financial interest personally or through a spouse, parent, child, brother or sister in real estate appraising. *[(b) Annually, the board shall elect a chair and vice-chair from among its members.]* *[(c) In the event of a vacancy occurring in the membership of the board, the vacancy shall be filled in the same manner as the original appointment with a person whose appointment shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred. ]* *[(d) A member shall not serve for more than two consecutive three-year terms.]*

* * * Athletic Trainers * * *

Sec. 31. 26 V.S.A. § 4151 is amended to read:

§ 4151. DEFINITIONS

As used in this chapter:

* * *

(3) "Athletic training" means the application of principles and methods of conditioning, the prevention, assessment and treatment of athletic and orthopaedic injuries within the scope of education and training, the organization and administration of an athletic training program and the education and counseling of athletes, coaches, family members, medical personnel and communities in the area of care and prevention of athletic and orthopaedic injuries. Athletic training may only be applied in the "traditional setting" and the "clinical setting":

(A) Without further referral, to athletes participating in organized sports or athletic teams at an interscholastic, intramural, instructional, intercollegiate, amateur, or professional level*[, who have been determined, by a physician's examination, to be free of underlying pathology]*.

(B) With a referral from a physician, osteopathic physician, dentist or chiropractor, to persons who have an athletic or orthopaedic injury and have been determined, by a physician's examination, to be free of an underlying pathology that would affect treatment.

* * *

Sec. 32. 26 V.S.A. § 4157a is added to read:

§ 4157a. TEMPORARY CERTIFICATION

An applicant who is currently certified by and in good standing with the National Athletic Trainers Association Board of Certification, or who is currently licensed or certified and in good standing in another state, shall be eligible for a 60-day temporary certification. Applicants under this section shall meet the requirements of section 4158 of this title. Temporary practice shall not exceed 60 days in any calendar year.

* * * Naturopathic Physicians * * *

Sec. 33. 26 V.S.A. § 4132 is amended to read:

§ 4132. UNPROFESSIONAL CONDUCT

(a) The following conduct and conduct set forth in section 129a of Title 3 by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:

(1) Failing to use a complete or accurate title in professional activity.

* * *

(5) Abandonment of a patient.

(6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.

(7) Sexual harassment of a patient.

(8) Engaging in an inappropriate sexual act with a patient.

(9) Willful misrepresentation in treatments.

* * *

* * * Nursing Home Administrators * * *

Sec. 34. 18 V.S.A. § 2052 is amended to read:

§ 2052. BOARD OF EXAMINERS; COMPOSITION; APPOINTMENT;

TERMS; ORGANIZATION

(a) Effective July 1, 1970, a state board of examiners for nursing home administrators is created who shall administer the provision of this chapter.

(b) The board shall consist of seven persons as follows:

(1) three practicing nursing home administrators who shall be charged with the general administration of a long-term health-care facility at the time of their appointment and during his or her entire term on the board;

(2) one *[practicing]* physician *[engaged]* who has had significant experience in the care of the chronically ill and infirmed;

(3) one private citizen of the state who represents the interests of residents of nursing homes;

(4) one educator from an institution of higher education, currently teaching in a health field; and

(5) one of the following, who shall not be employed in a nursing home; a practicing registered nurse with training in geriatrics, a physical therapist or an occupational therapist.

(c) Members of the board shall be appointed by the governor.

* * * Common Interest Ownership * * *

Sec. 35. 27A V.S.A. § 2-101 is amended to read:

§ 2-101. CREATION OF COMMON INTEREST COMMUNITIES

* * *

(b) In a condominium, a declaration or an amendment to a declaration to add units may not be recorded unless all structural components and mechanical systems of all building containing or comprising any units created by the declaration are substantially completed in accordance with the plans as evidenced by a recorded certificate of completion executed by an independent professional engineer, surveyor or architect, as appropriate and if authorized by the respective practice acts of each profession in chapters 20, 45 and 3 of Title 26.

Sec. 36. 27A V.S.A. § 2-109(g) is amended to read:

(g) Any certification of a plat or plan required by this section shall be made by an independent professional surveyor, architect or engineer, as appropriate and if authorized by the respective practice acts of each profession in chapters 45, 3 and 20 of Title 26.

* * * Boxing * * *

Sec. 37. 31 V.S.A. chapter 21 is added to read:

CHAPTER 21. BOXING

§ 1101. DEFINITIONS

As used in this chapter:

(1) "Boxer" means an individual who participates in a boxing match.

(2) "Boxing match" or "match" means a contest or training exhibition for a prize or purse where an admission fee is charged and where individuals score points by striking the head and upper torso of an opponent with padded fists. An amateur boxing match is a match held under the supervision of a school, college or university or under the supervision of United States Amateur Boxing, Inc. or its successor as the nationally-designated governing body for amateur boxing. All other matches shall be considered professional boxing matches.

(3) "Director" means the director of the office of professional regulation.

(4) "Disciplinary action" includes any action by the administrative law officer appointed under section 129 of Title 3, premised upon a finding of wrongdoing. It includes all sanctions of any kind, denying, suspending, revoking, issuing warnings and other sanctions.

(5) "Manager" means a person who receives compensation for service as an agent or representative of a professional boxer.

(6) "National boxer registry" means an entity certified by the Association of Boxing Commissions for the purpose of maintaining records for the identification of professional boxers and for tracking their records and suspensions.

(7) "Participant" means managers, seconds, referees and judges in a professional boxing match.

(8) "Promoter" means a person that organizes, holds, advertises or otherwise conducts a professional boxing match.

§ 1102. DIRECTOR; POWERS; DUTIES

(a) The director shall have jurisdiction over professional boxing matches. The director's power to supervise professional boxing matches includes the power to suspend a match immediately if there is a serious and immediate danger to the public, boxers, promoters or participants.

(b) Except as provided in this subsection, the director shall not have jurisdiction over amateur boxing matches. Amateur boxing matches shall be conducted according to the rules of United States Amateur Boxing, Inc., the national governing body for amateur boxing of the United States Olympic Committee or its successor as the nationally-designated governing body for amateur boxing. However, upon a finding that the health and safety of the boxers and participants in an amateur match are not being sufficiently safeguarded, the director shall assume jurisdiction over and supervisory responsibility for the match. The director's decision may be appealed to the administrative law officer appointed under section 129 of Title 3 within 10 days of the date the finding is issued. If the director assumes jurisdiction under this subsection, the match shall continue to be conducted in accordance with the rules of United States Amateur Boxing, Inc.

(c) The director shall:

(1) provide information to applicants for registration;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to registrants and applicants and complaint procedures to the public;

(4) receive applications for registration, grant registration under this chapter, renew registrations and deny, revoke, suspend, reinstate or condition registrations as directed by an administrative law officer;

(5) refer all complaints and disciplinary matters to an administrative law officer appointed under section 129 of Title 3.

(d) The director may adopt rules necessary to perform his or her duties under this chapter. The uniform rules of the Association of Boxing Commissions as adopted on June 6, 1998, and as amended from time to time, shall apply to professional boxing matches conducted under this chapter to the extent those rules address matters not covered by rules adopted by the director.

§ 1103. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two persons to serve as advisors in matters related to boxing. One advisor shall be a person with at least three years' experience with boxing, and one shall be a medical doctor. The advisor appointees shall be appointed for staggered five-year terms and shall serve at the pleasure of the secretary.

(b) The director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

(c) For purposes of the federal Professional Boxing Safety Act of 1995, as amended, the director and the advisor appointees shall be deemed to be the Vermont state boxing commission.

§ 1104. PROFESSIONAL BOXER REGISTRATION; MATCH

REGISTRATION

(a) In order to participate in a professional boxing match in this state, a boxer shall possess an identification card issued by the national boxing registry.

(b) A professional boxer who is a resident of this state or a resident of another state or country without a boxing commission may obtain a national boxing registry identification card by registering with the office of professional regulation. The registration application shall be in the form prescribed by the director and shall include any information required by the director in order to verify the applicant's identity. The application shall be accompanied by the required fee.

(c) The director shall issue a photo identification card to each boxer registered under this section. The card shall contain the personal identification number assigned to that boxer by the national boxing registry. Registrations may be renewed every two years upon payment of the required fee.

(d) Before each professional boxing match and no later than the weigh-in, each boxer shall present the photo identification card issued under this section to the director's agent who shall verify the identification card and check it against the records of the national boxer registry before a boxer shall be allowed to participate in the match. A boxer who fails to present a valid identification card shall not be allowed to participate in the match.

(e) The director shall establish procedures for evaluating the records of professional boxers and, when appropriate, for denying authorization to participate in a match.

(f) A boxer shall not be allowed to participate in a professional match if the boxer is under suspension in another state.

§ 1105. PROMOTERS; REGISTRATON; BOND REQUIREMENT

(a) A person shall not act as a promoter in this state unless he or she is registered with the office of professional regulation. The application shall be made on forms provided by the director and shall be filed at least 14 days prior to the date of the intended professional boxing match.

(b) Each application shall be accompanied by a surety or cash bond in the amount of $5,000.00 dollars, payable to the state of Vermont, together with proof of medical insurance covering the boxers for injuries sustained during the match. The bond or surety shall be conditioned upon the faithful performance by the promoter of the provisions of this chapter, the fulfillment of the promoter's contractual obligations with the boxers and participants and subject to the payment of any fees or penalties imposed by this chapter.

(c) Each application shall contain a list of the boxers and participants, along with each boxer's personal identification number assigned by the national boxer registry.

§ 1106. PARTICIPANTS; REGISTRATION

A person shall not act as a participant in this state unless he or she is registered with the office of professional regulation. The application shall be made on forms provided by the director and shall be filed at least 14 days prior to the date the applicant first intends to act as a participant in this state. Registrations may be renewed every two years upon payment of the required fee.

§ 1107. MATCHES; MEDICAL SUSPENSIONS

Medical suspensions of professional boxers shall be determined by following the guidelines issued by the Association of Boxing Commissions as adopted and as may be amended from time to time. A boxer may be suspended for a recent knockout, a series of losses, a required medical procedure, a physician's denial of certification, the failure of a drug test, or for other reasons outlined in this chapter or rules adopted under this chapter.

§ 1108. MATCHES; SPECIAL PROVISIONS

(a) The director shall designate one or more individuals who shall act as boxing inspectors for professional boxing matches and, at the discretion of the director, at amateur boxing matches to insure that boxing laws and rules are strictly observed. Boxing inspectors shall have all the powers of the director with regard to regulation of a match. Inspectors shall have free access to the dressing rooms of the boxers and shall be present at the weigh-in.

(b) Before a professional match, the promoter shall insure that each boxer is examined by a physician licensed in this state for the purpose of certifying that the boxer is physically fit to compete safely. Copies of the physician's certificate shall be filed with the director prior to the match. In addition, at any time prior to a professional match, the director may require that a boxer undergo a physical examination, which may include neurological tests and procedures.

(c) A physician approved by the director must be continuously present at ringside during every professional boxing match to observe the physical condition of the boxers. The physician shall advise the referee on the condition of the boxers.

(d) The promoter shall insure that an ambulance and medical personnel, with appropriate resuscitation equipment, are continuously present at the site during a professional boxing match.

§ 1109. FEES

(a) Applicants and persons regulated by this chapter shall be subject to the following fees:

(1) Promoter registration $500.00

(2) Boxer registration $ 25.00

(3) Manager registration $ 25.00

(4) Second registration $ 25.00

(5) Referee registration $ 25.00

(6) Judge registration $ 25.00

(7) Biennial renewal for professional

boxers, managers, seconds, referees

and judges $25.00

(b) If the director exercises jurisdiction over an amateur match under section 122 of this title, the person that organized, held, advertised or otherwise conducted the match shall pay a fee of $500.00.

§ 1110. REPORTS TO BE FILED; PROFESSIONAL BOXING

(a) Within 24 hours of the conclusion of a professional match (excluding weekends or national holidays), the promoter or designee shall file a written report with the director on a form prescribed by the director, indicating the specific result of each match and any problems encountered in the running of the event.

(b) Within 48 hours of the conclusion of the professional match (excluding weekends or national holidays), the director or designee shall report the results of the match to the national boxer registry or registries as designated by the Association of Boxing Commissions.

(c) Within 48 hours of any final disciplinary action against a boxer, promoter or manager (excluding weekends or national holidays), the director or designee shall report any final disciplinary action taken against a promoter, boxer or manager to the national boxer registry or registries as designated by the Association of Boxing Commissions.

§ 1111. REPORT TO BE FILED; AMATEUR BOXING

No more than seven days after the conclusion of an amateur boxing match, the United States Amateur Boxing, Inc. representative shall file a report with the director certifying complete compliance with the rules of USA Boxing, summarizing the results of the event and detailing any problems encountered during the event.

§ 1112. GROUNDS FOR DISCIPLINARY ACTIONS

(a) An applicant or a registrant shall be subject to disciplinary action for the conduct listed in this section and in 3 V.S.A. § 129a:

(1) A boxer, for fighting after failing a pre-fight physical examination.

(2) A promoter,

(A) for permitting a nonregistered boxer to participate in a match; or

(B) for participating in a match or allowing a boxer or other participant to participate in a match while under suspension in another state or by another boxing regulatory organization.

(3) A promoter, boxer or participant, for violating any requirement of this chapter or any rule adopted under this chapter.

(b) After hearing, and upon a finding of wrongdoing, the administrative law officer appointed under section 129(j) of Title 3 may take disciplinary action against a registrant or an applicant.

§ 1113. TAX ON PROFESSIONAL BOXING CONTESTS

Any person holding or conducting a professional boxing match shall notify the director not less than five days in advance of the holding of the match, and after the match is concluded shall immediately pay to the director a sum, designated as a gate tax, which shall be an amount equal to five percent of the gross receipts, exclusive of any federal tax thereon. Gate tax shall be deposited in the professional regulatory fee fund and used to carry out the provisions of this chapter. Payments required by this section shall be accompanied by reports in the form required by the director. All tickets of admission to a professional boxing match shall bear clearly the purchase price on the face of the ticket.

* * * Alcohol and Drug Abuse Counselors * * *

Sec. 38. 33 V.S.A. chapter 8 is added to read:

CHAPTER 8. ALCOHOL AND DRUG ABUSE COUNSELORS

§ 801. DEFINITIONS

As used in this chapter:

(1) "Alcohol and drug abuse counselor" means a person who engages in the practice of alcohol and drug abuse counseling for compensation.

(2) "Commissioner" means the commissioner of the department of health.

(3) "Director" means the director of the division of alcohol and drug abuse programs.

(4) "Disciplinary action" means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant based on a finding of unprofessional conduct by the licensee or applicant. "Disciplinary action" includes issuance of warnings and all sanctions, including denial, suspension, revocation, limitation or restriction of licenses and other similar limitations.

(5) "Practice of alcohol and drug abuse counseling" means the application of methods, including psychotherapy, which assist an individual or group to develop an understanding of alcohol and drug abuse dependency problems, define goals and plan actions reflecting the individual's or group's interests, abilities and needs as affected by alcohol and drug abuse dependency problems and co-morbid conditions.

(6) "Supervision" means the oversight of a person for the purposes of teaching, training or clinical review by a professional in the same area of specialized practice.

§ 802. PROHIBITION; PENALTIES

(a) No person shall perform any of the following acts:

(1) Practice or attempt to practice alcohol and drug abuse counseling without a valid license issued in accordance with this chapter, except as otherwise provided in section 803 of this title.

(2) Use in connection with the person's name any letters, words or insignia indicating or implying that the person is an alcohol and drug abuse counselor, unless the person is licensed in accordance with this chapter.

(b) A person who violates any of the provisions of this section shall be imprisoned not more than three months or fined not more than $1,000.00, or both.

§ 803. EXEMPTIONS

The provisions of subdivision 802(a)(1) of this title, relating to the practice of alcohol and drug abuse counseling, shall not apply to:

(1) The activities and services of a rabbi, priest, minister, Christian Science practitioner or clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.

(2) The activities and services of a person licensed, certified or registered under other laws of this state while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter.

(3) The activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the director, provided these activities are performed under supervision of and constitute a part of an approved course of study.

(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor.

(5) A person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction.

§ 804. COORDINATION OF PRACTICE ACTS

Notwithstanding any provision of law to the contrary, a person may practice psychotherapy when acting within the scope of a license granted under this chapter, provided he or she does not hold himself or herself out as a practitioner of a profession for which he or she is not licensed.

§ 805. DIRECTOR; DUTIES

(a) The director shall:

(1) Provide general information to applicants for licensure as alcohol and drug abuse counselors.

(2) Administer fees collected under this chapter.

(3) Administer examinations.

(4) Explain appeal procedures to licensees and applicants for licensure.

(5) Receive applications for licensure under this chapter, issue and renew licenses and revoke, suspend, reinstate or condition licenses as ordered by an administrative law officer.

(6) Contract with the office of professional regulation to adopt and explain complaint procedures to the public, manage case processing, investigate complaints and refer adjudicatory proceedings to an administrative law officer.

(b) The commissioner of health, with the advice of the director and the advisor appointees, may adopt rules necessary to perform the director's duties under this section.

§ 806. ADVISOR APPOINTEES

(a) The commissioner of health, with the advice of the director, shall appoint two alcohol and drug abuse counselors licensed under this chapter and one consumer representative to serve as advisors to the director in matters relating to alcohol and drug abuse counseling. They shall be appointed for staggered terms of five years and serve at the pleasure of the commissioner of health. Of the initial alcohol and drug abuse counselors appointed, one shall be appointed for a term of less than three years.

(b) Each alcohol and drug abuse counselor appointee shall have at least three years of experience as an alcohol and drug abuse counselor during the period immediately preceding appointment, and shall be actively practicing alcohol and drug abuse counseling in Vermont and remain in good standing during incumbency.

(c) The commissioner and the director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for attendance at any meetings called by the director for this purpose.

§ 807. ELIGIBILITY

To be eligible for licensure as an alcohol and drug abuse counselor, an applicant shall:

(1) Have received a master's degree or doctorate in a human services field from an accredited educational institution, including degrees in counseling, social work, psychology or in an allied mental health field, or a master's degree or higher in a health care profession regulated under this title or Title 26, after having successfully completed a course of study with course work, including theories of human development, diagnostic and counseling techniques, and professional ethics, and which includes a supervised clinical practicum.

(2) Have been awarded an approved counselor credential from the division of alcohol and drug abuse programs in accordance with rules adopted by the director.

§ 808. APPLICATION

An individual may apply for a license under this chapter by filing, with the director, an application provided by the director. The application shall be accompanied by the required fees and evidence of eligibility.

§ 809. BIENNIAL RENEWALS

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 40 hours of continuing education, approved by the director, during the preceding two-year period. The director shall establish, by rule, guidelines and criteria for continuing education credit.

(b) Biennially, the director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.

(c) Any application for renewal of a license which has expired shall be accompanied by the renewal fee and a reinstatement fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.

(d) The commissioner of health may, after notice and opportunity for hearing, revoke a person's right to renew a license if the license has lapsed for five or more years.

§ 810. UNPROFESSIONAL CONDUCT

The following conduct and the conduct set forth in section 129a of Title 3, by a person licensed under this chapter or an applicant for licensure, constitutes unprofessional conduct:

(1) Violation of any provision of this chapter or rule adopted under this chapter.

(2) Failing to use a complete title in professional activity.

(3) Conduct which evidences moral unfitness to practice alcohol and drug abuse counseling.

(4) Negligent, incompetent or wrongful conduct in the practice of alcohol and drug abuse counseling.

(5) Harassing, intimidating or abusing a client.

(6) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the director.

§ 811. REGULATORY FEE FUND

(a) An alcohol and drug counselor regulatory fee fund is created. All counselor licensing and examination fees received by the division shall be deposited into the fund, and used to offset the costs incurred by the division for these purposes and for the costs of investigations and disciplinary proceedings.

(b) To ensure that revenues derived by the division are adequate to offset the cost of regulation, the commissioner of health and the director shall review fees from time to time, and present proposed fee changes to the general assembly.

§ 812. FEES

In addition to the fees otherwise authorized by law, the director may charge the following fees:

(1) Late renewal penalty, $25.00 for a renewal submitted less than 30 days late. Thereafter, the director may increase the late renewal penalty by $5.00 for every additional month or fraction of a month, provided that the total penalty for a late renewal shall not exceed $100.00.

(2) Reinstatement of revoked or suspended license, $20.00.

(3) Replacement of license, $20.00.

(4) Verification of license, $20.00.

(5) An examination fee established by the director, which shall be no greater than the costs associated with examinations.

(6) Licenses granted under rules adopted pursuant to 3 V.S.A. § 129(a)(10), $20.00.

(7) Application for registration, $75.00.

(8) Application for licensure or certification, $100.00.

(9) Biennial renewal, $135.00.

(10) Limited temporary license or work permit, $ 50.00.

Sec. 39. 8 V.S.A. § 4099 is amended to read:

§ 4099. ELIGIBILITY

(a) To be eligible for coverage, benefits must be rendered by:

(1) *[a substance abuse counselor approved by the agency of human services or other person approved by the agency of human services]* an alcohol or drug abuse counselor licensed under chapter 8 of Title 33; or

(2) *[an institution]* a program, approved by the agency of human services, *[which provides a program]* for the treatment of alcohol dependency pursuant to a written plan.

(b) The secretary of the agency of human services shall, by rule, establish standards and criteria for the purpose of determining eligibility under this section. *[The rules relating to eligibility under subsection (a)(1) of this section shall include, but not be limited to, requirements pertaining to minimum levels of education, continuing education if available, and experience in the field of substance abuse.]*

Sec. 40. 33 V.S.A. § 706(b) is amended to read:

(b) The office shall be responsible for the following services:

(1) prevention and intervention;

(2) *[employee assistance program]* licensure of alcohol and drug counselors;

(3) project CRASH schools;

(4) alcohol and drug treatment.

Sec. 41. 33 V.S.A. § 706(e) is added to read:

(e) Under subdivision (b)(4) of this section, the commissioner of health may contract with the secretary of state for provision of adjudicative services of one or more administrative law officers and other investigative, legal and administrative services related to licensure and discipline of alcohol and drug counselors.

Sec. 42. TRANSITIONAL PROVISIONS

(a) Notwithstanding the provisions of 33 V.S.A. § 806, relating to the qualifications for advisor appointees, the alcohol and drug abuse counselors initially appointed shall be qualified for licensure under 33 V.S.A. § 807 and shall become licensed during incumbency.

(b) Within six months of the effective date of this act and upon application and payment of the required fee, the director shall issue a license to any person who, on the effective date of this act, has been approved by the agency of human services as a counselor at the "Approved Counselor" level or higher.

* * * Midwives * * *

Sec. 43. LEGISLATIVE FINDINGS

The general assembly finds that:

(1) pregnancy and birth are usually normal and healthy events in the life of a woman and her family which have physical, emotional, spiritual and social dimensions;

(2) prenatal care and attendance at birth by skilled providers can contribute to the health of women during pregnancy, facilitate the birth process and allow for both the detection of abnormalities and rendering of emergency measures when needed;

(3) midwifery is a useful art and practice that affirms the integrity of women's bodies and their autonomy, and the right and responsibility of a woman to make choices concerning birth;

(4) licensed professional midwives have demonstrated competence to provide sound care for pregnant women and to assist at birth in other states;

(5) midwifery care can appropriately occur at home, in birthing centers or in medical facilities.

Sec. 44. 26 V.S.A. chapter 85 is added to read:

CHAPTER 85. MIDWIVES

§ 4181. DEFINITIONS

The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise:

(1) "Director" means the director of the office of professional regulation.

(2) "Licensed Midwife (LM)" means anyone who has met the requirements set down by the North American Registry of Midwives and who meets the eligibility criteria set forth in this chapter.

(3) "Midwifery" means the provision of care, support and education to healthy women during the childbearing cycle, including normal pregnancy, labor, childbirth and the postpartum period. Such care occurs in collaboration and consultation with other health care providers, and can appropriately occur at home, in birthing centers or in medical facilities. Such care, support and education may relate to:

(A) appropriate measures that promote and maintain the health of the mother and baby;

(B) the availability of birthing alternatives;

(C) the prevention or reduction of risk to the mother and baby;

(D) the detection of abnormal conditions;

(E) the procurement of appropriate medical assistance;

(F) the execution of emergency measures;

(G) the provision of newborn care and appropriate screening; and

(H) the provision of well-woman health care.

(4) "Midwifery educational process" means a course of study that includes a combination of apprenticeship, self-teaching, experience, formal instruction, correspondence work or at-distance learning, and practice in nonmedical settings, usually the home, but sometimes free-standing birth centers, approved or accredited, or both, by the Midwifery Education Accreditation Council.

(5) "NARM" means the North American Registry of Midwives.

(6) "VMA" means the Vermont midwives alliance.

§ 4182. EXEMPTIONS

In recognition that, in Vermont, a variety of practitioners provides care to women during pregnancy and birth, this chapter does not apply to the following:

(1) Certified nurse-midwives authorized under the board of nursing to practice in Vermont, unless they have chosen to become licensed midwives. Notwithstanding this subsection, certified nurse-midwives who choose to become licensed midwives remain subject to the jurisdiction of the board of nursing as well as to the provisions of this chapter.

(2) Licensed physicians or other licensed health care providers authorized to provide midwifery care.

(3) Student midwives in training with licensed midwives.

§ 4183. ELIGIBILITY

A person shall be eligible to be licensed as a midwife, if the person has:

(1) certification as a certified professional midwife (CPM) by the North American Registry of Midwives;

(2) earned a high school degree or its equivalent as a basis for entry into the study of midwifery; and

(3) agreed to practice according to the scope and standards of practice as required by rules adopted pursuant to section 4185 of this title.

§ 4184. APPLICATION FOR AND ISSUANCE OF LICENSE

To become a licensed midwife, a person shall apply to the director on a form the director shall furnish. The application shall be accompanied by the specified fee and evidence that the person meets the eligibility requirements of section 4183 of this title.

§ 4185. DIRECTOR; DUTIES

(a) The director shall:

(1) Provide general information to applicants for licensure as midwives.

(2) Explain appeal procedures to licensed midwives and applicants, and complaint procedures to the public.

(3) Administer fees as established by law.

(4) Receive applications for licensure, administer examinations, provide licenses to applicants qualified under this chapter, renew, revoke and reinstate licenses as ordered by an administrative law officer.

(5) Refer all disciplinary matters to an administrative law officer.

(b) The director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education, and by January 1, 2001, in consultation with the commissioner of health, the Vermont medical society, the Vermont program for quality in health care, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards based on the practice standards of the Vermont Midwives Alliance (VMA) and the Midwives Alliance of North America (MANA) and a protocol and formulary for drug use by licensed midwives including anti-hemorrhagic drugs and oxygen.

§ 4186. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two licensed midwives to serve as advisors in matters relating to licensed midwives. They shall be appointed for staggered five-year terms and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than five years.

(b) Appointees shall not have less than three years' experience as midwives qualified to be licensed under this chapter during the period immediately preceding appointment and shall be actively engaged in midwifery during their incumbency.

(c) The office of professional regulation shall investigate complaints regarding licensed midwives or applicants for licensing or renewal and, when appropriate, refer them to an administrative law officer established under subsection 129(j) of Title 3.

(d) The director shall seek the advice of the midwives appointed under this section in carrying out the provisions of this chapter. Such appointees shall be entitled to compensation and expenses as provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4187. RENEWALS

(a) Biennially, the director shall forward a renewal form to each licensed midwife. The completed form shall include verification that during the preceding two years, the licensed midwife has:

(1) completed 20 hours of continuing education approved by the director by rule;

(2) participated in at least four peer reviews;

(3) submitted individual practice data; and

(4) maintained current cardiopulmonary resuscitation certification.

Upon receipt of the completed form and of the renewal fee, the director shall issue a renewal license to applicants who qualify under this section.

(b) The director shall renew a license which has lapsed for a period of three years or less upon receipt of the renewal fee and late renewal penalty, the reinstatement fee, and an application for renewal which shows that the person still meets the eligibility requirements of this chapter and that all the requirements for renewal, including continuing education, have been satisfied. A person shall not be required to pay renewal fees for lapsed years.

(c) The director may adopt rules to assure that an applicant whose license has lapsed for a period greater than three years may be eligible for licensing, but such rules shall not establish requirements greater than the eligibility requirements of this chapter.

§ 4188. FEES

The following fees shall apply to this chapter:

(1) Issuance of initial license $ 500.00

(2) Biennial renewal $ 500.00

(3) Application for reinstatement $ 150.00

§ 4189. UNPROFESSIONAL CONDUCT

(a) A licensed midwife or applicant for licensing, renewal or reinstatement shall not engage in unprofessional conduct.

(b) Unprofessional conduct shall include the conduct prohibited by section 129a of Title 3 and by this section, whether or not taken by a license holder:

(1) failing to provide for informed consent, or exercising undue influence on or taking improper advantage of a person using midwifery services;

(2) willfully making or filing false reports or records in the practice of midwifery, obstructing that filing, or willfully failing to file required reports or records, including birth certificates;

(3) engaging in abusive behavior of any kind with clients.

(c) After a hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed midwife or applicant.

§ 4190. PROHIBITION; OFFENSES

(a) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is a licensed midwife, unless the person is licensed in accordance with this chapter. However, a person may use any designation issued by a state or nationally-recognized organization, as long as the name of that organization is clearly used with the designation.

(b) No person shall practice midwifery in this state without a valid license issued in accordance with this chapter except as provided in section 4182 of this title.

(c) A person who violates this section shall be fined not more than $1,000.00.

§ 4191. WRITTEN PLAN FOR CONSULTATION, EMERGENCY

TRANSFER AND TRANSPORT

Every licensed midwife shall develop a written plan for consultation with physicians licensed under chapter 23 of this title and other health care providers for emergency transfer, for transport of an infant to a newborn nursery or neonatal intensive care nursery, and for transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted to the director on an approved form with the application required by section 4184 of this title and biennially thereafter with the renewal form required by section 4187 of this title.

§ 4192. INFORMED CONSENT

A licensed midwife shall provide each client with and maintain a record of a signed informed consent form that describes the midwife's education and credentials, whether the midwife has professional liability insurance coverage, procedures and risks of home birth, a copy of the emergency plan required by section 4191 of this title, and the address and phone number of the office of professional regulation where complaints may be filed.

Sec. 45. 3 V.S.A. § 125 is amended to read:

§ 125. FEES

* * *

(b) *[Notwithstanding any provisions of law to the contrary]* Unless otherwise provided by law, the following fees shall apply to all professions regulated by the director in consultation with advisor appointees under Title 26:

(1) Application for registration, $ 75.00

(2) Application for licensure or certification, $100.00

(3) Biennial renewal, $135.00

(4) Limited temporary license or work permit, $50.00

* * * Electrologists * * *

Sec. 46. 26 V.S.A. chapter 86 is added to read:

CHAPTER 86. ELECTROLOGISTS

§ 4401. PURPOSE

The general assembly finds that the public's health would be better protected if services by electrologists were regulated, because the unregulated practice of electrology can harm or endanger the health, safety, or welfare of the public through use of improper sterilization and infection control procedures. Electrology is the procedure performed to remove hair permanently from the human body. This is accomplished by inserting a fine, sterile needle into the hair follicle and applying a measured amount of electricity to produce heat or a chemical reaction to permanently destroy the hair follicle's germinating capacity. Consumers have a substantial interest in relying on the qualifications of the practitioner of electrology; therefore, regulation should be through a system of certification.

§ 4402. DEFINITIONS

As used in this chapter:

(1) "Director" means the director of the office of professional regulation.

(2) "Disciplinary action" means any action taken by an administrative law officer established under subsection 129(j) of Title 3 against a certified electrologist or an applicant. It includes all sanctions of any kind, including obtaining injunctions, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings and other similar sanctions.

(3) "Electrology" means the removal of hair by electrical current using needle/probe electrode-type epilation which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend).

(4) "Practice of electrology" or "practicing electrology" means engaging in the continuing performance of electrology, for compensation.

(5) "Shop" means a facility regularly used to offer or perform the practice of electrology.

§ 4403. PROHIBITION; PENALTY

(a) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is a certified electrologist unless the person is certified in accordance with this chapter.

(b) A person who violates this section shall be fined not more than $1,000.00 for each occurrence.

§ 4404. DIRECTOR; DUTIES

(a) The director shall have the following duties:

(1) provide general information to applicants for certification as electrologists;

(2) explain appeal procedures to certified electrologists and applicants and complaint procedures to the public;

(3) administer fees established by law;

(4) receive applications for certification, issue certification to applicants qualified under this chapter, deny or renew certifications and issue, revoke, suspend, condition and reinstate certifications as ordered by an administrative law officer;

(5) refer complaints and disciplinary matters to an administrative law officer.

(b) The director may inspect shops used for the practice of electrology. No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee may be charged, as provided in section 4410 of this title. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

(c) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter.

§ 4405. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two certified electrologists for five-year terms to serve as advisors in matters relating to electrologists. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an electrologist immediately preceding appointment and shall be actively engaged in the practice of electrology in Vermont during incumbency.

(b) The director shall seek the advice of the electrologist advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4406. ELIGIBILITY

To be eligible for certification as an electrologist, an applicant:

(1) shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of the chapter;

(2) shall have:

(A) satisfactorily completed a course of study of at least 600 hours at a school of electrology approved by an accrediting body recognized by the United States Department of Education and have passed the examination described in section 4407 of this title; or

(B) obtained a current license or certification in good standing in another jurisdiction having requirements substantially equivalent to those in this state.

§ 4407. EXAMINATION

(a) The director shall examine applicants for certification as electrologists at such times and places as the director may determine.

(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are granted certification if they demonstrate that they possess the minimal occupational qualifications which are consistent with the public health, safety and welfare. Examinations shall not be designed or implemented for the purpose of limiting the number of certified persons.

(c) The director shall examine applicants for certification and may use a standardized national examination. The director may limit, by rule, the number of times a person may take an examination. Before selecting the examination, the director shall consult the advisors appointed under section 4405 of this title.

§ 4408. APPLICATION

A person who desires to be certified as an electrologist shall apply to the director in writing, on a form furnished by the director, accompanied by payment of a fee required pursuant to section 4410 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title.

§ 4409. SHOP REGISTRATION

(a) No shop shall operate in this state without first registering with the office of professional regulation and paying the fee provided in section 4410 of this title. Registration shall be in the form required by the director.

(b) No shop shall be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(c) All shops shall have a designated person responsible for overall cleanliness and sanitation of the shop.

(d) The practice of electrology shall be permitted only in registered shops.

§ 4410. FEES

Applicants and persons regulated under this chapter shall be subject to the following fees:

(1) Application for certification, $500.00.

(2) Biennial renewal of certification, $500.00.

(3) Shop registration, $100.00.

(4) Shop reinspection, $100.00.

§ 4411. RENEWALS; CONTINUING EDUCATION

(a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes 20 hours of continuing education, approved by the director, during the preceding two-year period. The director, with the advice of the advisors appointed under section 4405 of this title, shall establish guidelines and criteria for continuing education credit.

(b) Biennially, the director shall forward a renewal form to each certificate holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate.

(c) Any application for reinstatement of a certificate which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the certificate was lapsed.

(d) The director may, after notice and opportunity for hearing, revoke a person's right to reinstate certification if the certification has lapsed for five or more years.

§ 4412. UNPROFESSIONAL CONDUCT

(a) Unprofessional conduct means misusing a title in professional activities and any of the conduct listed in section 129a of Title 3, whether committed by a certified electrologist or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified electrologist or applicant.

Sec. 47. TRANSITIONAL PROVISIONS

(a) The initial electrologist advisor appointees shall be eligible for certification under 26 V.S.A. § 4406 and shall become certified during incumbency.

(b) The initial appointments of electrologist advisor appointees shall be for staggered terms.

(c) The director may waive the education and training requirements under 26 V.S.A. § 4406 for any individual who has practiced electrology for at least three years prior to the effective date of this act.

Sec. 48. REPEAL

31 V.S.A. chapter 3 (Boxing Control Board) is repealed.

Sec. 49. 26 V.S.A. § 1311 is amended to read:

§ 1311. DEFINITIONS

For the purposes of this chapter:

(1) A person who advertises or holds himself or herself out to the public as a physician or surgeon, or who assumes the title or uses the words or letters "Dr.," "Doctor," "Professor," "M.D.," or "M.B.," in connection with his or her name, or any other title implying or designating that he or she is a practitioner of medicine or surgery in any of its branches, or shall advertise or hold himself or herself out to the public as one skilled in the art of curing or alleviating disease, bodily injuries or physical or nervous ailments, or shall prescribe, direct, recommend, or advise, give or sell for the use of any person, any drug, medicine or other agency or application for the treatment, cure or relief of any bodily injury, infirmity or disease, or who follows the occupation of treating diseases by any system or method, shall be deemed a physician, or practitioner of medicine or surgery*[;]* .

(2) "Board" means the state board of medical practice established under section 1351 of this title*[;]* .

(3) "License" means license to practice medicine and surgery in the state as defined in subchapter 3 of this chapter*[;]* .

(4) "Local medical director" means, for purposes of this chapter, a physician who is board-certified or board-eligible in his or her field of specialty, as determined by the American Board of Medical Specialties (ABMS), and who is charged by a managed care plan with responsibility for overseeing all clinical activities of the plan in this state, or his or her designee.

(5) "Managed care plan" or "plan" means a health benefit plan offered by a health insurer that either requires a member to use, or creates incentives, including financial incentives, for a member to use, health care providers and health care facilities managed, owned, under contract with or employed by the health insurer. For purposes of this chapter, an obligation imposed upon a managed care plan shall be deemed to be imposed as well on the health insurer that offers the managed care plan.

*[(4)]*(6) "Members" means members of the board*[; and]* . *[ (5)]*(7) "Secretary" means the secretary of the board.

Sec. 50. 26 V.S.A. § 1402 is added to read:

§ 1402. MANAGED CARE PLAN; LOCAL MEDICAL DIRECTOR

A local medical director who is a physician employed by a managed care plan in this state, which has individuals who have entered into contracts with a managed care plan for the provision of health care services, or on whose behalf such an arrangement has been made, shall possess a full and unrestricted license issued by the board.

Sec. 51. 3 V.S.A. § 123(g) is added to read:

(g) On or before January 1 of each year, the director shall file a report of all rules adopted for professions attached to the office of professional regulation within the last 12 months to the house and senate committees on government operations of the general assembly.

Sec. 52. 3 V.S.A. § 122 is amended to read:

§ 122. OFFICE OF PROFESSIONAL REGULATION

An office of professional regulation is created within the office of the secretary of state. The office shall have a director who shall be appointed by the secretary of state and shall be an exempt employee. The following boards or professions are attached to the office of professional regulation:

* * *

(22) Boxing *[control board]*.*[ ]*

* * *

(39) Midwifery.

(40) Electrology.

Sec. 53. EFFECTIVE DATES

This act shall take effect on July 1, 2000, except Secs. 37 through 44 and 46 through 48, which shall take effect on January 1, 2001.

Rep. Hathaway of Barton, for the Committee on Health and Welfare, recommends the bill be amended as follows:

First: In Sec. 1, page 3, lines 16 through 21, by striking subdivision (11) in its entirety and inserting in lieu thereof the following:

(11) Issue temporary licenses to health care providers during a declared state of emergency. The health care provider to be issued a temporary license must be currently licensed, in good standing, and not subject to disciplinary proceedings in any other jurisdiction. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first. Fees shall be waived when a license is required to provide services under this subdivision.

Second: In Sec. 37, page 35, line 12, by striking the word "immediately" after the word "to" and inserting the word immediately after the word "match"

Third: In Sec. 37, page 37, line 4, by adding a comma after the word "boxing"

Fourth: In Sec. 37, page 42, line 7, by striking the word "proscribed" and inserting in lieu thereof the word "prescribed"

Fifth: In Sec. 38, page 45, by striking lines 10 through 12, and inserting in lieu thereof the following:

"(6) "Supervision" means the oversight of a person for purposes of teaching, training, or clinical review by a professional in the same area of specialized practice."

Sixth: In Sec. 38, page 46, line 12 by striking the word "of" and inserting in lieu thereof the word "or"

Seventh: In Sec. 38, page 47, lines 4 through 6, by striking subdivision (4) in its entirety and inserting in lieu thereof the following:

"(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor."

Eighth: In Sec. 44, page 58, by striking lines 1 through 19 and inserting in lieu thereof the following:

"(1) certification as a certified professional midwife (CPM) by the North American Registry of Midwives;

(2) earned a high school degree or its equivalent as a basis for entry into the study of midwifery; and

(3) agreed to practice according to the scope and standards of practice as required by rules adopted pursuant to section 4185 of this title."

Ninth: In Sec. 44, page 59, by striking § 4184 in its entirety

Tenth: In Sec. 44, page 59, by striking lines 19 through 21, and page 60, by striking lines 1 through 2 in their entirety and inserting in lieu thereof the following:

"(b) The director shall adopt general rules necessary to perform his or her duties under this chapter, maintain and make available a list of approved programs for continuing education, and by January 1, 2001, in consultation with the commissioner of health, the Vermont medical society, the Vermont program for quality in health care, and the Vermont chapter of the American College of Nurse-Midwives, adopt specific rules defining the scope and practice standards based on the practice standards of the Vermont Midwives Alliance (VMA) and the Midwives Alliance of North America (MANA) and a protocol and formulary for drug use by licensed midwives including anti-hemorrhagic drugs and oxygen."

Eleventh: In Sec. 44, page 63, by adding two new sections to read as follows:

§ 4191. WRITTEN PLAN FOR CONSULTATION, EMERGENCY

TRANSFER AND TRANSPORT

Every licensed midwife shall develop a written plan for consultation with physicians licensed under chapter 23 of this title and other health care providers for emergency transfer, for transport of an infant to a newborn nursery or neonatal intensive care nursery, and for transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted to the director on an approved form with the application required by section 4184 of this title and biennially thereafter with the renewal form required by section 4187 of this title.

§ 4192. INFORMED CONSENT

A licensed midwife shall provide each client with and maintain a record of a signed informed consent form that describes the midwife's education and credentials, whether the midwife has professional liability insurance coverage, procedures and risks of home birth, a copy of the emergency plan required by section 4191 of this title, and the address and phone number of the office of professional regulation where complaints may be filed.

Twelfth: In Sec. 44, page 61, line 9, by inserting the word "maintained" before the word "current"

Thirteenth: In Sec. 44, page 62, lines 9 through 11, by striking subsection (b) and inserting in the following in lieu thereof:

"(b) Unprofessional conduct shall include the conduct prohibited by section 129a of Title 3 and by this section, whether or not taken by a license holder:"

Fourteenth: In Sec. 44, page 62, line 16, by striking the word "such" and inserting in lieu thereof the word "that"

Fifteenth: In Sec. 44, by renumbering all sections and cross references to be correct

Sixteenth: In Sec. 46, page 64, lines 10 through 11, by striking the word "permanently" and inserting the word "permanently" after the word "hair" and in line 13, by striking the word "permanently"

(Committee vote: 10-1-0)

Rep. Steele of Waterbury, for the Committee on Ways and Means, recommends the bill be amended as follows:

First: In Sec. 44, page 62, by striking 26 V.S.A. § 4189 in its entirety and inserting in lieu thereof the following:

§ 4189. FEES

The following fees shall apply to this chapter:

(1) Issuance of initial license $500.00

(2) Biennial renewal $500.00

(3) Application for reinstatement $150.00

Second: In Sec. 46, page 69, by striking 26 V.S.A. § 4410 in its entirety and inserting in lieu thereof the following:

§ 4410. FEES

Applicants and persons regulated under this chapter shall be subject to the following fees:

(1) Application for certification $500.00

(2) Biennial renewal of certification $500.00

(3) Shop registration $100.00

(4) Shop reinspection $100.00

(Committee vote: 6-2-3)

Rep. Fox of Essex, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committees on Health and Welfare and Ways and Means.:

(Committee vote: 8-0-3)

H. 807

An act relating to address confidentiality for victims of domestic violence, sexual assault and stalking.

Rep. Sweaney of Windsor, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. DESIGNATION

15 V.S.A. chapter 21, §§ 1101 through 1115 are designated as:

Subchapter 1. General Provisions

Sec. 2. 15 V.S.A. chapter 21, subchapter 3 is added to read:

Subchapter 3. Address Confidentiality for Victims of Domestic

Violence, Sexual Assault or Stalking

§ 1150. FINDINGS AND INTENT

(a) The general assembly finds that persons attempting to escape from actual or threatened domestic violence, sexual assault and stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them.

(b) It is the purpose of this subchapter to:

(1) enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault or stalking;

(2) promote interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence, sexual assault and stalking.

(3) enable state agencies and local agencies to accept a program participant's use of an address, and local agencies to accept an address, designated by the secretary of state as a substitute mailing address.

§ 1151. DEFINITIONS

Unless the context clearly requires otherwise, the definitions in this section apply throughout the subchapter.

(1) "Address" means a residential street address, school address, post office box address or work address of an individual, as specified on the individual's application to be a program participant under this chapter.

(2) "Domestic violence" means an act of abuse as defined in subdivision 1101(1) of this title and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

(3) "Program participant" means a person certified as a program participant under this chapter.

(4) "Sexual assault" means an act of assault as defined in subsection 3252(a) or (b) of Title 13 (sexual assault) or in subsection 3253(a) of Title 13 (aggravated sexual assault), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

(5) "Stalking" means conduct as defined in section 1061(stalking) or in section 1063 of Title 13 (aggravated stalking), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

§ 1152. ADDRESS CONFIDENTIALITY PROGRAM; APPLICATION;

CERTIFICATION

(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the secretary of state to have an address designated by the secretary serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state, and if it contains:

(1) a sworn statement by the applicant that the applicant has good reason to believe:

(A) the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic or sexual violence-related or stalking-related behavior; and

(B) the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(2) a designation of the secretary as agent for purposes of service of process and for the purpose of receipt of mail;

(3) the mailing address where the applicant can be contacted by the secretary and the phone number or numbers where the applicant can be called by the secretary;

(4) the new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault or stalking;

(5) the signature of the applicant and of any individual or representative of any office who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the secretary.

(c) Upon receipt of a properly completed application, the secretary shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The secretary shall by rule establish a renewal procedure.

(d) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety, or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable in accordance with the criminal penalties for perjury as described in section 2901 of Title 13.

(e) A program participant shall notify the secretary of state of a change of address within seven days of the change of address.

§ 1153. CERTIFICATION CANCELLATION

(a) The secretary of state may cancel a program participant's certification if, after the passage of 14 days:

(1) from the date of changing his or her name, the program participant does not notify the secretary that he or she has obtained a name change; however, the program participant may reapply under his or her new name;

(2) from the date of changing his or her address, the program participant fails to notify the secretary of the change of address; or

(3) from the date the secretary first receives mail, forwarded to the program participant's address, returned as nondeliverable.

(b) The secretary shall cancel certification of a program participant who applies using false information.

(c) The secretary shall send notice of termination to the program participant. Notice of termination shall set out the reasons for termination. The program participant shall have 30 days to appeal the termination decision under procedures developed by the secretary.

(d) Program participants may withdraw from the program by giving the secretary written notice of their intention. The secretary shall establish, by rule, a secure procedure for ensuring that the request for withdrawal is legitimate.

§ 1154. AGENCY USE OF DESIGNATED ADDRESS

(a) A program participant shall request that state and local agencies use the address designated by the secretary of state as the participant's address. When creating a new public record, state and local agencies shall accept the address designated by the secretary as a program participant's substitute address, unless the secretary has determined that:

(1) the agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this subchapter;

(2) the address will be used only for those statutory and administrative purposes;

(3) the agency has identified the specific program participant's record for which the waiver is requested;

(4) the agency has identified the individuals who will have access to the record; and

(5) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.

(b) During the review, evaluation, and appeal of an agency's request, the agency shall accept the use of a program participant's substitute address.

(c) The secretary's determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of the information under subsection (a) of this section.

(d) If the secretary finds that the agency has a bona fide statutory and administrative need for the actual address and that the information will only be used for that purpose, the secretary may issue the actual address to the agency. Prior to granting the waiver, the secretary shall notify the program participant of the waiver, including the name of the agency and the reasons for the waiver. When granting a waiver, the secretary shall notify and require the agency to maintain the confidentiality of the program participant's address and designate a date after which the agency no longer maintains the record of the address.

(e) Denial of the agency waiver request must be made in writing and include a statement of the reasons for denial.

(f) Acceptance or denial of the agency's waiver request constitutes final agency action. An aggrieved party may appeal. The secretary shall adopt regulations establishing an appeal process.

(g) A program participant may use the address designated by the secretary as his or her work address.

(h) The office of the secretary shall forward all first class mail to the appropriate program participants.

(i) The secretary shall keep a record of all waivers and all documentation relating to requests for waivers.

(j) Any agency receiving a waiver may not make the program participant's address available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for purposes of assisting in the execution of an arrest warrant; or

(2) if directed by a court order to a person identified in the order.

§ 1155. DISCLOSURE OF ADDRESS PROHIBITED; EXCEPTIONS

(a) The secretary of state may not make a program participant's address, other than the address designated by the secretary, available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for purposes of assisting in the execution of an arrest warrant;

(2) if directed by a court order to a person identified in the order;

(3) to verify the participation of a specific program participant, in which case the secretary may only confirm information supplied by the requester; or

(4) if certification has been canceled.

(b) The secretary shall provide immediate notification of disclosure to a program participant when disclosure takes place under subdivisions (a)(2) and (3) of this section.

§ 1156. NONDISCLOSURE OF ADDRESS IN CRIMINAL AND CIVIL

PROCEEDINGS

No member of the department of state's attorneys, victim's advocate, law enforcement agency, local social service agency or witness shall be compelled to disclose the program participant's actual residential address or place of employment during the discovery phase of, or during testimony in any criminal or civil proceeding unless the court finds, based on a preponderance of the evidence, that nondisclosure will prejudice the defendant.

§ 1157. ASSISTANCE FOR PROGRAM APPLICANTS

The secretary of state shall make available a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault and stalking to assist persons applying to be program participants. Such information provided by the office of the secretary or designees to applicants shall in no way be construed as legal advice.

§ 1158. VOTING BY PROGRAM PARTICIPANT

A program participant who is otherwise qualified to vote may register to vote and apply for an absentee ballot pursuant to rules adopted by the secretary of state under section 1160 of this title. Such rules shall enable a town clerk to substitute, on all voting records of the town, the designation "blind ballot" wherever the name or address of the voter might otherwise appear. The program participant shall receive absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as absentee voters who qualify under section 2531 of Title 17. The town clerk shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.

§ 1159. CUSTODY AND VISITATION ORDERS

Nothing in this chapter, nor participation in this program, affects custody or visitation orders in effect prior to or during program participation.

§ 1160. ADOPTION OF RULES

The secretary of state shall adopt rules necessary to perform his or her duties under this subchapter relating to: program application and certification; certification cancellation; agency use of designated addresses and exceptions; voting by program participants; and recording of vital statistics for program participants. All such rules shall conform with the findings and intent of the general assembly, as described in section 1150 of this title, and shall be designed with an understanding of the needs and circumstances of victims of domestic violence, sexual assault and stalking.

Sec. 3. 1 V.S.A. § 317(c) is amended to read:

(c) The following public records are exempt from public inspection and copying:

* * *

(29) the address of a certified participant in the address confidentiality program described in chapter 21, subchapter 3 of Title 15, except as provided in that subchapter, during the period of certification.

Sec. 4. 18 V.S.A. § 5083 is added to read:

§ 5083. PARTICIPANTS IN ADDRESS CONFIDENTIALITY PROGRAM

(a) If a participant in the program described in chapter 21, subchapter 3 of Title 15 who is the parent of a child born during the period of program participation notifies the physician or midwife who delivers the child, or the hospital at which the child is delivered, not later than 24 hours after the birth of the child, that the participant's confidential address should not appear on the child's birth certificate, then the department shall not disclose such confidential address or the participant's town of residence on any public records. A participant who fails to provide such notice shall be deemed to have waived the provisions of this section. If such notice is received, then notwithstanding section 5071 of this title, the attendant physician or midwife shall file the certificate with the supervisor of vital records registration within ten days of the birth, without the confidential address or town of residence, and shall not file the certificate with the town clerk.

(b) The supervisor of vital records registration shall receive and file for record all certificates filed in accordance with this section, and shall ensure that a parent's confidential address and town of residence do not appear on the birth certificate during the period that the parent is a program participant. A certificate filed in accordance with this section shall be a public document. The supervisor of vital records shall notify the secretary of state of the receipt of a birth certificate on behalf of a program participant.

(c) The department shall maintain a confidential record of the parent's actual mailing address and town of residence. Such record shall be exempt from public inspection.

(d) Upon the renewal, expiration, withdrawal, invalidation or cancellation of program participation of any parent of whom the secretary of state received notice from the supervisor of vital records registration, the secretary of state shall notify the supervisor of vital records registration.

(e) Notwithstanding section 5075 of this title, upon notice of the expiration, withdrawal, invalidation or cancellation of program participation, the supervisor of vital records registration shall enter the actual mailing address and town of residence on the original birth certificate and shall transmit the completed original birth certificate to the town clerk where the birth occurred.

(f) The town clerk shall process certificates received in this manner in accordance with the provisions of this chapter.

Sec. 5. 18 V.S.A. § 5131 is amended to read:

§ 5131. ISSUANCE OF MARRIAGE LICENSE; SOLEMNIZATION;

RETURN OF MARRIAGE CERTIFICATE

* * *

(d) If a participant in the program described in chapter 21, subchapter 3 of Title 15 notifies the appropriate town clerk or registrar of vital statistics as required under rules adopted by the secretary of state, the town clerk or registrar of vital statistics shall not make available for inspection or copying the name and address of a program participant contained in marriage applications and records, except under the following circumstances:

(1) if requested by a law enforcement officer for purposes of assisting in the execution of an arrest warrant; and

(2) if directed by a court order, to a person identified in the order.

Sec. 6. 17 V.S.A. § 2122 is amended to read:

§ 2122. RESIDENCE; SPECIAL CASES; CHECKLIST

(a) A person shall not gain or lose a residence solely by reason of presence or absence while in the service of the state or of the United States; nor while engaged in the navigation of the waters of the state or of the United States or on the high seas; nor while in a hospital, nursing home, or other health care facility; nor while confined in a prison or correctional institution; nor while a member of a veterans' home; nor while a student at any educational institution; nor while living outside the United States; nor while certified as a participant in the address confidentiality program under chapter 21, subchapter 3 of Title 15. Members of the Vermont veterans' home in the town of Bennington may vote in the town of Bennington in all elections but this right shall not affect their residence for any other purpose.

* * *

Sec. 7. 17 V.S.A. § 2126 is amended to read:

§ 2126. VILLAGE CHECKLIST

A village clerk shall automatically include on the village checklist the names of all persons living within the village who are on the checklist of the town in which the village is located, except as provided in section 2122 of this title. No separate application or other action on the part of the voter shall be required.

Sec. 8. APPROPRIATION

There is appropriated from the general fund in fiscal year 2001 to the Secretary of State the amount of $60,000.00 to carry out the purposes of this act.

Sec. 9. EFFECTIVE DATE

This act shall take effect on January 1, 2001.

(Committee vote: 11-0-0)

Rep. Ginevan of Middlebury, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committees on Government Operations and when further amended as follows:

In Sec. 8, page 15, by striking the figure "$60,000" and inserting in lieu thereof the figure $17,000.

(Committee vote: 8-0-3)

Favorable

H. 688

An act relating to state employees' and teachers' retirement systems.

(Rep. Kreitzer of Rutland City will speak for the Committee on Government Operations.)

Rep. Heath of Westford, for the Committee on Appropriations, recommends the bill ought to pass.

(Committee vote: 9-0-2)

NEW BUSINESS

Third Reading

H. 847

An act relating to civil unions.

Amendment to be offered by Reps. Schiavone of Shelburne and Starr of Troy to H. 847

Move the bill be amended by adding three new sections to read as follows:

Sec. 23a. 15 V.S.A. § 1 is amended to read:

§ 1. MAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER MAN

A man shall not marry his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister *[or]*, mother's sister or another man.

Sec. 23b. 15 V.S.A. § 2 is amended to read:

§ 2. WOMAN FORBIDDEN TO MARRY RELATIVES OR ANOTHER

WOMAN

A woman shall not marry her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother *[or]*, mother's brother or another woman.

Sec. 24a. 15 V.S.A. § 5 is amended to read:

§ 5. MARRIAGE ENTERED INTO IN ANOTHER STATE

(a) If a person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and such person goes into another state or country and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state.

(b) This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction regarding legal marriage that does not also meet the requirements of sections 1 and 2 of Title 15.

Amendment to be offered by Rep. Maslack of Poultney to H. 847

Moves the bill be amended as follows:

First: In Sec. 5, page 14, after line 3, by adding a new statutory section, 18 V.S.A. § 5160a, to read as follows:

§ 5160a. MEDICAL CERTIFICATE

(a) Before a town clerk may accept an application for a civil union license, each party to the proposed civil union shall present the clerk with a medical certificate that states that the applicant has submitted to a serological test for the Human Immunodeficiency Virus (HIV) within 30 days prior to the application of the civil union license.

(b) The medical certificate shall state the name of the applicant and the results of the HIV test. A medical professional from the facility or laboratory where the test was administered shall sign and date the certificate.

(c) The clerk shall not retain the medical certificate, but shall review the certificate to ascertain its validity and return the certificate to the applicant.

(d) A clerk shall not issue a civil union license if one of the applicants tests positive for HIV and the other applicant tests negative for HIV. However, if both applicants test negative for HIV or both applicants test positive for HIV, a license shall be issued if the applicants otherwise meet the requirements for a civil union license.

(e) The commissioner of health shall prepare a medical certificate form and distribute such forms to all medical facilities that provide HIV testing services.

(f) A clerk shall not disclose the HIV status of any person who applies for a civil union license. A clerk who discloses an applicant's HIV status without authorization shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(g) A person making application to a clerk for a civil union license who knowingly provides false information regarding the HIV status status of either party to the intended civil union shall be deemed guilty of perjury.

Second: By adding a new Sec. 24a to read as follows:

Sec. 24a. 18 V.S.A. § 5132 is added to read:

§ 5132. MEDICAL CERTIFICATE

(a) Before a town clerk may accept an application for a marriage license, each party to the proposed marriage shall present the clerk with a medical certificate that states that the applicant has submitted to a serological test for the Human Immunodeficiency Virus (HIV) within 30 days prior to the application of the marriage license.

(b) The medical certificate shall state the name of the applicant and the results of the HIV test. A medical professional from the facility or laboratory where the test was administered shall sign and date the certificate.

(c) The clerk shall not retain the medical certificate, but shall review the certificate to ascertain its validity and return the certificate to the applicant.

(d) A clerk shall not issue a marriage license if one of the applicants tests positive for HIV and the other applicant tests negative for HIV. However, if both applicants test negative for HIV or both applicants test positive for HIV, a license shall be issued if the applicants otherwise meet the requirements for a marriage license.

(e) The commissioner of health shall prepare a medical certificate form and distribute such forms to all medical facilities that provide HIV testing services.

(f) A clerk shall not disclose the HIV status of any person who applies for a marriage license. A clerk who discloses an applicant's HIV status without authorization shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(g) A person making application to a clerk for a marriage license who knowingly provides false information regarding the HIV status of either party to the intended marriage shall be deemed guilty of perjury.

Amendment to be offered by Reps. Hyde of Fayston and Marron of Stowe to H. 847

Moves the bill be amended on page 7, following line 6, by inserting the following:

(5) "Marriage" means the legally recognized union of one man and one woman.

For Action Under Rule 52

J. R. H. 205

Joint resolution urging Congress to fully subsidize all absentee ballot postal costs.

J. R. H. 206

Joint resolution relating to Plymouth cheese factory.

(For text see House Journal 3-15-00)

NOTICE CALENDAR

Committee Bill for Second Reading

H. 852

An act relating to patients' access to their medical records.

(Rep. Hingtgen of Burlington will speak for the Committee on Judiciary.)

Favorable with Amendment

H. 642

An act relating to the establishment of high-quality adult day care.

Rep. Woodward of Johnson, for the Committee on Health and Welfare, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Rep. Paquin of Fairfax, for the Committee on Appropriations, recommends the bill be amended by striking Sec. 2 in its entirety.

(Committee vote: 9-0-2)

Senate Proposals of Amendment

H. 204

An act relating to standards for privatization of state jobs.

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

First: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (1), by striking out the following:

", including any requirements that work be performed during a specified hour"

Second: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (2), after the word "employees", by adding the following: "within the agency"

Third: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4), subparagraph (E), after the word "years", by adding the following: "or provided on an intermittent basis for the duration of the contract"

Fourth: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4), by striking out subparagraph (H) in its entirety and inserting in lieu thereof a new subparagraph (H) to read as follows:

(H) Efforts to recruit state employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.

H. 234

An act relating to student members of the state board of education.

The Senate proposes to the House to amend the bill by adding a new Sec. 3 to read:

Sec. 3. EFFECTIVE DATE

This act shall take effect on passage. Upon passage, the governor shall appoint the student member who is to become the full voting member in school year 2001 as quickly as possible. The student may then attend meetings of the state board in order to observe, and shall become a full voting member on July 1, 2000.

H. 597

An act relating to children working at baseball games.

The Senate proposes to the House to amend the bill by adding a new section to be numbered Sec. 3 to read as follows:

Sec. 3. CHILD LABOR LAWS; RECOMMENDATIONS

On or before November 1, 2000, the Department of Labor and Industry shall present written recommendation to the Senate Committee on General Affairs and Housing and to the House Committee on General, Housing, and Military Affairs for updating the statutory provisions regulating employment, wages and medium of payment and conditions of employment as they relate to children.

Ordered to Lie

H. 675

An act relating to the organization of minor political parties.

Pending Action: Second reading of the bill.

H. 677

An act relating to municipal review of public land uses and developments, and correctional facility health and safety

Pending Question: Shall the House amend the bill as recommended by the Committee on Local Government?

H. 729

An act relating to voter eligibility within conservation districts.

Pending Action: Shall the House amend the bill as recommended by the Committee on Local Government?

PUBLIC HEARINGS

Wednesday, March 22, 2000, Room 11, 7 - 9 PM, House Committee on Commerce - Emergency Medical Services

Thursday, March 23, 2000, Room 11, 7 - 10 PM, Senate Committee on Natural Resources and Energy - Air Quality - Vt. Agency of Natural Resources proposal to increase emissions through a federal waiver

MEETING NOTICE

The House Committee on Rules will meet Tuesday, March 21, 2000 at 4 PM in Room 10.

NOTICE OF PUBLIC HEARING ON V.I.T.

DATE: Monday, March 20, 2000

TIME: 7:00 P.M. - 9:30 P.M.

BILL #: (FY 2001 Appropriations Bill)

COMMITTEE: Senate Appropriations Committee

The Senate Appropriations Committee will hold a public hearing on Vermont Interactive Television. The purpose of the hearing is to give Vermont citizens throughout the State an opportunity to express their views about the State's fiscal year 2001 budget. Eleven (11) V.I.T. site locations will be used for the hearing: Bennington, Brattleboro, Canaan, Colchester, Middlebury, Newport, Randolph Center, Rutland, St. Albans, St. Johnsbury and Waterbury. For further information concerning studio site locations, contact Rebecca Buck in the Legislative Fiscal Office at 802/828-5969. Requests for captioning should be made to Ms. Buck at the Legislative Fiscal Office no later than 4:00 P.M. on Thursday, March 9.

INDEX

BILL # PAGE

Unfinished Business of Tuesday 3-14-00

Third Reading

H. 629 738

Favorable with Amendment

H. 540 738

H. 598 739

Flory Amend 739

H. 609 739

H. 612 751

H. 795 752

Favorable

H. 749 754

Unfinished Business of Wednesday, 3-15-00

Action Postponed

H. 595 754

Third Reading

H. 784 755

Mazur Amend 755

Hingtgen Amend 756

Deen 756

Hyde 758

Towne 759

Gervais 759

Metzger 759

Marron 759

Levin 760

Favorable with Amendment

H. 738 760

Hathaway-H & W 803

Steele - W & M 805

Fox - Appropriations 806

H. 807 806

Appropriations 806

Favorable

H. 688 814

NEW BUSINESS

Third Reading

H. 847 814

Schiavone Amend 814

Maslack Amend 815 Hyde/Marron Amend 817

For Action Under Rule 52

J.R.H. 205 817

J.R.H. 206 817

NOTICE CALENDAR

Committee Bill for Second Reading

H. 852 817

Favorable with Amendment

H. 642 817

Senate Proposals of Amendment

H. 204 818

H. 234 818

H. 597 818

Ordered to Lie

H. 675 819

H. 677 819

H. 729 819