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Journal of the Senate

________________

WEDNESDAY, APRIL 19, 2000

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Message from the Governor

A message was received from His Excellency, the Governor, by Kate O'Connor, Secretary of Civil and Military Affairs, as follows:

Mr. President:

I am directed by the Governor to deliver to the Senate communications in writing which require action to be taken thereon by the Senate.

"April 5, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

JESSICA DETH

of Newport, as a Member of the Children and Family Council for Prevention Programs, for a term from and including March 31, 2000, to September 13, 2002, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

"March 31, 2000

To the President of the Senate

Sir:

I have the honor to appoint, subject to the advice and consent of the Senate,

BETSY SHUEY

of Burlington, as a Member of the Children and Family Council for Prevention Programs, for a term from and including March 31, 2000, to September 30, 2002, and until her successor is appointed and has qualified.

Sincerely yours,

/s/Howard B. Dean

Howard B. Dean

Governor"

To the Committee on Health and Welfare.

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

House bill entitled:

H. 847. An act relating to civil unions.

Was taken up.

Thereupon, pending third reading of the bill, Senator Bahre moved that the Senate proposal of amendment be amended by adding a new Sec. 1 to read as follows:

Sec. 1. Purposes

The purposes of civil marriage, which is the union of one man and one woman, are to encourage the nurture by parents of their children, endorse the intimate, lasting, and faithful congress of men and women, encourage the natural reproduction of children, and endorse, to the widest degree of universal application, the ideal and social benefit of biologically connected families.

And by renumbering the remaining sections to be numerically correct.

Which was disagreed to on a roll call, Yeas 5, Nays 25.

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

Roll Call

Those Senators who voted in the affirmative were: Bahre, Canns, Crowley, Maynard, Morrissey.

Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Bloomer, Brownell, Chard, Costes, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding.

Thereupon, pending third reading of the bill, Senator Sears, on behalf of the Committee on Judiciary, moved that the Senate proposal of amendment be amended in Sec. 40, subsection (d) by adding a new subdivision (2) to read as follows:

(2) collect information about the recognition and treatment of Vermont civil unions by other states and jurisdictions, including procedures for dissolution;

and by renumbering the remaining subdivisions to be numerically correct.

Which was agreed to.

Thereupon, pending third reading of the bill, Senators Sears and Morrissey moved that the Senate proposal of amendment be amended in Sec. 39 [Construction], by adding a new subsection (c) to read as follows:

(c) This act shall not be construed in a manner which violates the free exercise of religion of any person, religious or denominational institution or organization, or any organization operated for charitable or educational purposes which is operated, supervised, or controlled by or in connection with a religious organization, as guaranteed by the First Amendment to the Constitution of the United States or by Chapter I, Article 3rd, of the Constitution of the State of Vermont.

Which was agreed to on a roll call, Yeas 24, Nays 6.

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

Roll Call

Those Senators who voted in the affirmative were: Bahre, Bartlett, Bloomer, Canns, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Ptashnik, Ready, Rivers, Sears, Shumlin, Spaulding.

Those Senators who voted in the negative were: Ankeney, Backus, Brownell, Chard, Munt, Riehle.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment on a roll call, Yeas 19, Nays 11.

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

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Brownell, Chard, Cummings, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding.

Those Senators who voted in the negative were: Bahre, Bloomer, Canns, Costes, *Crowley, Doyle, Greenwood, Ide, Illuzzi, Maynard, Morrissey.

*Senator Crowley explained his vote as follows:

"Mr. President:

"I would like to explain my vote.

"My education, my training, my background is as an attorney. Therefore, I have approached this question using the approach of an attorney. My conclusions are based on the evidence I have examined, not based on bigotry or discrimination. Are same sex unions caring, loving and committed? There is no question that the answer is yes. Is their homosexuality a choice? If the answer was "no" or if their homosexuality was due to a genetic predisposition, I would like to see us bestow all the benefits of marriage and more on same sex couples. Since the evidence is inconclusive, I have to ask: do these same sex unions deserve all the benefits of marriage? Will same sex unions in the long run contribute to society in the same manner as opposite sex couples? Is tending to encourage homosexuality a good idea? Is it good public policy? I don't think so; the evidence I have examined leads me to that conclusion. Therefore, I cannot support this bill."

Recess

On motion of Senator Shumlin the Senate recessed.

At 10:36 A.M., the Senate was reconvened by the President.

Bills Passed in Concurrence with Proposals of Amendment

House bills of the following titles were severally read the third time and passed in concurrence with proposals of amendment:

H. 12. An act relating to electroconvulsive therapy.

H. 610. An act relating to insurance agents and brokers.

H. 733. An act relating to livestock dealers.

H. 748. An act relating to gray marketed cigarettes.

Bill Passed in Concurrence

House bill of the following title was read the third time and passed in concurrence:

H. 612. An act relating to residential housing standards.

Proposal of Amendment; Third Reading Ordered

Senator Costes, for the Committee on General Affairs and Housing, to which was referred House bill entitled:

H. 185. An act relating to workers' compensation vocational rehabilitation benefits.

Reported recommending that the Senate propose to the House to amend the bill as follows:

First: In Sec. 1, in 21 V.S.A. § 641, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c) The commissioner may adopt rules necessary to carry out the purpose of this section.

Second: In Sec. 2, in 21 V.S.A. § 652, in subsection (a), by striking out the following: "either party, with discretion," and inserting in lieu thereof the following: "either party*[, in his discretion,]*"

Third: By adding two new sections to be numbered Sec. 4 and Sec. 5 to read as follows:

Sec. 4. 21 V.S.A. § 662(e) is added to read:

(e) In any dispute between employers and insurers arising under subsection (c) or (d) of this section, after payment to the claimant, the commissioner may order that the dispute be resolved through arbitration rather than the formal hearing process under sections 663 and 664 of this title. Qualifications for arbitrators and standards for the arbitration process shall be established by the commissioner by rule. If arbitration is ordered, the process shall proceed as follows:

(1) The parties shall select an arbitrator from a list provided by the commissioner.

(2) The arbitrator shall:

(A) Determine apportionment of the liability for the claim, including costs and attorney fees, among the respective employers or insurers, or both. The apportionment may be limited to one or more parties. If the parties do not agree, the costs of arbitration may be apportioned among the parties by the arbitrator.

(B) Issue a written decision which shall be final.

Sec. 5. RETURN TO WORK STUDY

No later than January 1, 2001, the Commissioner of Labor and Industry shall offer recommendations to the Senate Committee on General Affairs and Housing and the House Committee on General, Housing and Military Affairs regarding measures improving return to work opportunities for employees who have suffered work-related injuries.

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

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

Proposal of Amendment; Third Reading Ordered

Senator Ptashnik, for the Committee on General Affairs and Housing, to which was referred House bill entitled:

H. 474. An act relating to assistive technology device warranties.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 9 V.S.A. chapter 63, subchapter 1A is added to read:

Subchapter 1A. Assistive Technology

§ 2465. DEFINITIONS

These definitions are for use in this subchapter only:

(1) "Assistive device" means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. An assistive device system, that as a whole is within the definition of this term, is itself an assistive device, and, in such cases, this term also applies to each component product of the assistive device system that is itself ordinarily an assistive device. For this section only and no other purposes, this term is limited to:

(A) wheelchairs and scooters of any kind, including all their assistive devices and components that enhance the mobility or positioning of an

individual, such as motorization, motorized positioning features, and the switches and controls for any motorized features; and

(B) computer equipment with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices or any devices used for the purpose of communication.

(2) "Assistive device dealer" means a person who is in the business of selling assistive devices to consumers.

(3) "Assistive device lessor" means a person who leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease.

(4) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device.

(5) "Consumer" means any of the following:

(A) the purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

(B) a person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(C) a person who may enforce the warranty; and

(D) a person who leases an assistive device from an assistive device lessor under a written lease.

(6) "Demonstrator" means an assistive device used primarily for the purpose of demonstration and tryout to the public.

(7) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. Early termination cost includes a penalty for prepayment under a finance arrangement.

(8) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before that termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. Early termination saving includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(9) "Loaner" means an assistive technology device that is loaned to the user without charge while repairs are made to the user's assistive technology device.

(10) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a

distributor, factory branch, distributor branch and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer.

(11) "Nonconformity" means a condition or defect that substantially impairs the use, value or safety of an assistive device, and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but does not include a condition or defect that is the result of abuse, use which exceeds the manufacturer's recommendations, neglect or unauthorized modification or alteration of the assistive device by a consumer.

(12) "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device:

(A) any nonconformity within the warranty that is either subject to repair by the manufacturer, assistive device lessor or any of the manufacturer's authorized assistive device dealers, for at least three times and a nonconformity continues; or

(B) the assistive device is out of service for an aggregate of at least 30 cumulative days because of warranty nonconformity.

§ 2466. WARRANTY

(a) A manufacturer who sells or leases an assistive device, only of the types listed in subdivisions 2465(1)(A) and (B) of this title, to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. By the terms of or in the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device, only as defined in subdivisions 2465(1)(A) and (B) of this title, that, for a period of at least one year from the date of first delivery to the consumer, the assistive device:

(1) has no defects in parts or performance; and

(2) is free from any condition and defect that would substantially impair the device's use, value or safety to the consumer.

(b) The manufacturer through the assistive device lessor or assistive device dealer shall provide the consumer with a loaner if the assistive device, listed in subdivisions 2465(1)(A) and (B) of this title, has any condition or defect that would substantially impair the device's use, value or safety to the consumer and that can not be remedied within one business day.

(c) If a new assistive device listed in subdivisions 2465(1)(A) and (B) of this title does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized assistive device dealers, and makes the assistive device available for repair before one year after return delivery of the assistive device to the consumer, the nonconformity shall be repaired at no charge to the consumer, including parts, labor, shipping, delivery and all other costs.

(d) If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of a consumer described in subdivisions 2465(5)(A), (B) or (C) of this title, the manufacturer shall do one of the following:

(1) Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs.

(2) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer.

(3) With respect to a consumer described in subdivision 2465(5)(D) of this title, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease, plus any collateral costs, less a reasonable allowance for use.

(e) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.

(f) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is a number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor or assistive device dealer.

(g) None of the requirements of this subchapter shall be construed to diminish existing assistive device warranties.

§ 2467. LOANERS

A loaner must:

(1) Be in good working order;

(2) Perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user;

(3) Not create a threat to the safety of the user; and

(4) Be provided to the consumer by the manufacturer through the assistive device dealer within two business days after notice from the consumer of the nonconformity, except in the case of an assistive device that requires extensive custom retrofit in order to perform the essential functions. Such a custom device shall be provided as soon as reasonably possible, but in no case later than ten business days after notice.

§ 2468. REMEDIES

(a) To receive a comparable new assistive device or a refund due under subsection 2466(d) of this title, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.

(b) To receive a refund due under subsection 2466(d) of this title, a consumer described in subdivision 2465(5)(D) of this title shall offer to return the assistive device having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.

(c) To receive a refund due under subsection 2466(d) of this title, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.

(d) If the assistive device was a covered benefit under a health insurance policy or health benefit plan, then the health insurer or other entity providing the benefit shall be subrogated to the consumer's right of recovery to the extent of the benefit provided.

(e) No person shall enforce the lease against the consumer after the consumer offers to return the assistive device under subdivision (a)(2)(B) of this section or returns the assistive device to the vendor pursuant to subdivision (a)(2)(C) of this section.

(f) No assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state, unless full written disclosure of the reasons for return is made to any prospective buyer or lessee.

(g) This subchapter shall not be construed to limit rights or remedies available to a consumer under any other law.

(h) Any waiver by a consumer of rights under this subchapter is void.

(i) A violation of this subchapter or rules adopted under this subchapter is deemed to be an unfair or deceptive practice in commerce and a violation of section 2453 of this title. The attorney general has the same authority to make rules, conduct civil investigations and enter into assurances of discontinuance as provided under subchapter 1 of this chapter.

(j) A consumer aggrieved by a violation of this subchapter or a violation of rules adopted under this subchapter may bring an action in superior court for appropriate equitable relief, the amount of the consumer's damages, punitive damages in the case of a willful violation, the consideration or the value of the consideration given by the consumer and reasonable costs and attorney's fees.

Sec. 2. 9 V.S.A. § 41c is added to read:

§ 41c. RENT-TO-OWN; ASSISTIVE DEVICES

(a) As used in this section:

(1) "Assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. An assistive device system, that as a whole is within the definition of this term, is itself an assistive device, and, in such cases, this term also applies to each component product of the assistive device system that is itself ordinarily an assistive device. This term includes, but is not limited to:

(A) wheelchairs and scooters of any kind, and other aids that enhance the mobility or positioning of an individual, such as motorization, motorized positioning features, and the switches and controls for any motorized features;

(B) computer equipment with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices or any devices used for the purpose of communication;

(C) computer equipment and reading devices with voice output, optical scanners, talking software, braille printers, and other aids and devices that provide access to text;

(D) hearing aids, telephone communication devices for the deaf, and other assistive listening devices;

(E) voice recognition computer equipment, software and hardware accommodations, switches, and other forms of alternative access to computers;

(F) environmental control units;

(G) simple mechanical aids that enhance the functional capabilities of an individual with disabilities; and

(H) durable medical equipment.

(2) "Assistive devise lessee" means an individual with a disability or a person renting or leasing on behalf of an individual with a disability who is renting or leasing an assistive device for the purpose of increasing, maintaining or improving any functional capability related to the individual's disability.

(b) A person in the business of renting, or renting to own an assistive device to assistive device lessees, who rents an assistive device for more than 60 days or who rents an assistive device to own shall offer such assistive device lessees a purchase option with reasonable terms and conditions. Such a purchase option may be exercised at any time by the assistive device lessees, the reasonable terms and conditions of which shall be included with the consumer's periodic billing.

(1) A person in the business of renting products that may be assistive devices may include the following question in its rental application:

ARE YOU RENTING THIS PRODUCT AS AN ACCOMMODATION FOR A DISABILITY OR AS AN ASSISTIVE DEVICE?

Yes_____ No_____

(A) If an assistive device lessee answers "yes" to the question or requests additional information, the business entity shall provide the following statement:

ASSISTIVE DEVICE PURCHASE OPTION RIGHTS

IF YOU ARE RENTING THIS PRODUCT AS AN ACCOMMODATION FOR A DISABILITY OR AS AN ASSISTIVE DEVICE, THE DEALER IS REQUIRED TO OFFER YOU A RENTAL TRANSACTION THAT INCLUDES A PURCHASE OPTION. UNDER THE PURCHASE OPTION YOU MAY ACQUIRE OWNERSHIP OF THE PRODUCT AT ANYTIME BY TENDERING AN AMOUNT EQUAL TO THE CASH PRICE OF THE PRODUCT LESS 50% OF ALL PREVIOUS RENTAL PAYMENTS YOU HAVE MADE. OR, ONCE YOU HAVE MADE RENTAL PAYMENTS EQUAL TO 200% OF THE CASH PRICE YOU MAY ACQUIRE OWNERSHIP OF THE PRODUCT BY PAYING $1.00.

BEFORE YOU DETERMINE WHETHER TO ELECT A TRANSACTION WITH OR WITHOUT A PURCHASE OPTION, THE PERSON IN THE BUSINESS OF RENTING OR RENTING TO OWN THE ASSISTIVE DEVICE MUST FULLY DISCLOSE THE TERMS OF BOTH TRANSACTIONS.

THE VALUE OF A PURCHASE OPTION DEPENDS ON MANY FACTORS, WHICH MAY INCLUDE: (1) HOW LONG YOU INTEND TO USE THE PRODUCT; (2) THE CASH PRICE OF THE PRODUCT; AND (3) THE COST OF MAINTAINING THE PRODUCT.

ASSISTIVE DEVICE PURCHASE OPTION RIGHTS: IF YOU ELECT A RENTAL TRANSACTION WITHOUT A PURCHASE OPTION AND YOU CHANGE YOUR MIND AT A LATER DATE AND DECIDE TO ENTER INTO A PURCHASE OPTION TRANSACTION, PAYMENTS THAT YOU HAVE MADE WILL NOT BE APPLIED TO THE NEW TRANSACTIONS.

(B) The rental dealer may add additional information or explanations to the information required by subdivision (A) of this subsection, as long as the additional information is not stated, utilized, or placed in a manner that will confuse the assistive device lessee or that will contradict, obscure or distract attention from the required information. The additional information or explanation shall not have the effect of circumventing, evading, or complicating the information required by subdivision (A) of this subsection.

(2) Failure to comply with this section is not a violation if the assistive device lessee fails to inform the rental dealer that the product is being rented as an assistive device after the rental dealer makes the written inquiry in subdivision (b)(1) of this section.

(c) When periodic payments made by an assistive device lessee, exclusive of payments for service, total 200 percent of the bona fide cash price, the person in the business of renting or renting to own the assistive device shall notify the individual with a disability and the assistive device lessee that the individual with a disability and the assistive device lessee have the option of acquiring ownership of the assistive device upon payment of $1.00, at which time the rental or rent-to-own agreement shall terminate.

(1) The term "bona fide cash price" means the price at which a merchant, in the ordinary course of business, and taking into account the value of the merchandise and its retail price in the trade area, would offer to sell the merchandise to consumers for cash.

(d) Under a rent to own program, at any time after the initial payment, the assistive device lessee may acquire ownership of the property by tendering an amount equal to the cash price of the merchandise minus 50 percent of all previous rental-purchase payments made.

(e) When an assistive device lessee has acquired ownership of an assistive device under this section, the person in the business of renting or renting to own shall offer, for a reasonable price and term, a contract to maintain and service the device.

(f) This section shall not apply to assistive devices provided pursuant to a Medicare or Medicaid contract that either includes provisions for the acquisition of ownership or prohibits purchase or the acquisition of ownership by an assistive device lessee.

(g) A violation of this section is deemed to be an unfair or deceptive act or practice in commerce and a violation of chapter 63 of this title and all remedies and penalties available to a consumer or the attorney general under that chapter shall apply, and the attorney general shall have the same authority to make rules, conduct civil investigations and enter into assurances of discontinuance as provided under subchapter 1 of chapter 63 of this title.

Sec. 3. EFFECTIVE DATE

This act shall apply to assistive technology devices purchased by, or leased or transferred to a consumer after July 1, 2000.

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

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on General Affairs and Housing? Senator Ptashnik moved to amend the proposal of amendment of the Committee on General Affairs and Housing in Sec. 1, in 9 V.S.A. § 2468, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

(e) No person shall enforce the lease against the consumer after the consumer offers to return the assistive device pursuant to this section or returns the assistive device to the vendor pursuant to this section.

Which was agreed to.

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on General Affairs and Housing, as amended? Senator Bahre moved to amend the proposal of amendment in Sec. 1, in 9 V.S.A. §2468, in subsection (e), after the words "assistive device" where they twicely appear, by inserting the words having the nonconformity

Which was agreed to.

Thereupon, the recurring question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on General Affairs and Housing, as amended? was decided in the affirmative.

Thereupon, third reading of the bill was ordered.

Proposal of Amendment; Third Reading Ordered

Senator Kittell, for the Committee on Government Operations, to which was referred House bill entitled:

H. 848. An act relating to zoning of registered or licensed family child care homes.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 24 V.S.A. § 4409(f) is amended to read:

(f) A state registered or licensed family *[day]* child care home serving six or fewer children shall be considered by right to constitute a permitted single-family residential use of property. A state registered or licensed family child care home serving no more than six full-time children and four part-time children, as defined in subdivision 4902(3)(A) of Title 33, shall be considered to constitute a permitted use of property but may require site plan approval based on local zoning requirements. A state registered or licensed family child care facility serving more than six full-time and four part-time children may, at the discretion of the municipality, be subject to all applicable municipal zoning bylaws.

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

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

Proposal of Amendment; Third Reading Ordered

Senator Chard, for the Committee on Education, to which was referred House bill entitled:

H. 270. An act relating to prevention and handling of violence in schools.

Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. STATEMENT OF POLICY

The general assembly recognizes that many family, school and community factors contribute to the well-being of Vermont children. Therefore, it is the purpose of this act to help districts in their efforts to maintain a safe learning environment in all Vermont public schools through appropriate student learning opportunities, appropriate prevention and intervention strategies, the availability of alternative education programs, effective discipline policies and opportunities for community-wide training.

Sec. 2. 16 V.S.A. § 563 is amended to read:

§ 563. POWERS OF SCHOOL BOARDS

The school board of a school district, in addition to other duties and authority specifically assigned by law:

* * *

(5) Shall keep the school buildings and grounds in good repair, suitably equipped, insured *[and]*, in safe and sanitary condition at all times*[. The school board shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. At a minimum, a school board shall adopt and implement a policy]* *[pursuant to]* , and free of firearms and other dangerous or deadly weapons at least consistent with section 1166 of this title *[relating to a student who brings a weapon to school]*, section 4004 of Title 13, and the federal gun-free school zones act of 1990 as amended from time to time.

* * *

Sec. 3. 16 V.S.A. § 1121 is amended to read:

§ 1121. ATTENDANCE BY CHILDREN OF SCHOOL AGE REQUIRED

A person having the control of a child between the ages of *[seven]* six and *[sixteen]* 16 years shall cause the child to attend *[an approved]* a public school, an approved or recognized independent school or a home study program for the full number of days for which that school is held, unless the child:

(1) is mentally or physically unable so to attend; or

(2) has completed the tenth grade; or

(3) is excused by the superintendent or a majority of the school directors as provided in this chapter; or

(4) is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state.

Sec. 4. 16 V.S.A. § 1126 is amended to read:

§ 1126. FAILURE TO ATTEND; NOTICE BY TEACHER

When a pupil between the ages of *[seven]* six and *[sixteen]* 16 years, who is not excused or exempted from school attendance, fails to enter school at the beginning thereof, or being enrolled, fails to attend the same, and when a pupil who has become *[sixteen]* 16 years of age becomes enrolled in a public school and fails to attend, the teacher or principal shall forthwith notify the superintendent or school directors, and the truant officer, unless the teacher or principal is satisfied upon information that the pupil is absent on account of sickness.

Sec. 5. 16 V.S.A. § 1128(a) is amended to read:

(a) A superintendent may and the truant officer shall stop a child between the ages of *[seven]* six and *[sixteen]* 16 years or a child *[sixteen]* 16 years of age or over and enrolled in public school, wherever found during school hours, and shall, unless such child is excused or exempted from school attendance, take *[him]* the child to the school which she or he should attend.

Sec. 6. 16 V.S.A. § 1161a(a) is amended to read:

(a) Each public and each approved independent school shall *[have a policy on discipline. The policy shall include standard due process procedures, and it shall be consistent with this section and with the school board's policies on suspension and expulsion.]* adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youth. The plan shall include:

(1) the school's approach to classroom management and response to disruptive behavior, including the use of alternative educational settings;

(2) the manner in which the school will provide information and training to students in methods of conflict resolution, peer mediation and anger management;

(3) procedures for informing parents of the school's discipline policies, for notifying parents of student misconduct, and for working with parents to improve student behavior;

(4) the school's response to significant disruptions, such as threats or use of bombs or weapons;

(5) a description of how the school will ensure that all staff and contractors who have contact with students periodically receive training on the maintenance of a safe, orderly, civil and positive learning environment. The training shall be appropriate to their role of the staff member being trained and shall teach classroom and behavior management, enforcement of the school's discipline policies and positive youth development models; and

(6) a description of behaviors on and off school grounds which constitute misconduct, including harassment and hazing, particularly those behaviors which may be grounds for expulsion.

Sec. 7. 16 V.S.A. § 1162 is amended to read:

§ 1162. SUSPENSION OR EXPULSION OF PUPILS

(a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with state board rules, suspend a pupil for a definite period of time or, with the approval of the board of the school district, expel a pupil for *[the remainder of the school year]* up to 12 calendar months for:

(1) misconduct on school property, on a school bus or at a school-sponsored activity when the misconduct makes the continued presence of the pupil harmful to the welfare of the school; or

(2) misconduct not on school property, on a school bus or at a school-sponsored activity where there is a direct connection between the pupil's misconduct and harm to the welfare of the school due to the continued presence of the pupil.

(b) Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school.

Sec. 8. 16 V.S.A. § 1163 is added to read:

§ 1163. TRANSFER OF SUSPENSION OR EXPULSION TO OTHER SCHOOLS

(a) If a student transfers from one Vermont school to another, a Vermont public or independent school may choose to continue a suspension or expulsion imposed by the other Vermont public or independent school.

(b) During a period of suspension or expulsion imposed under section 1162 of this title, a student, or parent or guardian, shall not be subject to the provisions of subchapter 3 of this chapter regarding compulsory attendance at school unless the conditions of the suspension or expulsion include participation in a program in the school or an alternative program outside the school. Further, nothing in this section shall prohibit a suspended or expelled student from applying to a different Vermont public or independent school during the period of suspension or expulsion and attending if accepted.

(c) A school district which provides for the education of a suspended or expelled student by paying tuition to an approved public or independent school may, at the discretion of the school board, provide for the education of the student during the period of suspension or expulsion by paying tuition to another approved public or independent school.

Sec. 9. 16 V.S.A. § 2901(a) is amended to read:

(a) It is the policy of the state that each local school district develop and maintain, in consultation with parents, a comprehensive system of education that will result, to the extent appropriate, in all students succeeding in the general education environment. *[This chapter does not require that a child remain in the regular classroom if the child]* A comprehensive system of education includes a full range of services and accommodations which are needed by students in the district. These services could include a separate alternative program if the district finds that some of its students could be better served in an environment outside the classroom, or if the district finds that separate placement is the best way to provide services to a student who is disrupting the class or having difficulty learning in a traditional school setting for educational, emotional or personal reasons and thereby impairing the ability of the classroom teacher to provide quality services to that student or to the other pupils. This chapter does not replace or expand entitlements created by federal law, nor is it the intent of this chapter to create a higher standard for maintaining a student in the general classroom than the standard created in the following federal laws: 20 U.S.C. § 1401 et seq., Individuals with Disabilities Act; 29 U.S.C. § 794, Section 504 of the Rehabilitation Act; and 42 U.S.C. § 12101 et seq., Americans with Disabilities Act.

Sec. 10. 16 V.S.A. § 2902(b) is amended to read:

(b) The educational support system shall:

* * *

(4) Provide clear procedures and methods for handling a student who *[disrupts a class]* is disruptive to the learning environment and shall include provision of educational options, support services and consultation or training for staff where appropriate. Procedures may include provision for removal of the student from the classroom or the school building for as long as appropriate, consistent with state and federal law and the school's policy on student discipline, and after reasonable effort has been made to support the student in the regular classroom environment.

* * *

Sec. 11. 13 V.S.A. § 4004 is amended to read:

§ 4004. -BY PERSONS AT SCHOOL

(a) A person who carries or has in his or her possession a firearm, dirk knife, bowie knife, dagger or other dangerous or deadly weapon while within a school building or on a school bus, shall be imprisoned not more than *[60 days]* one year or fined not more than *[$500.00]* $1,000.00, or both; however, the board of school directors may authorize the possession and use of firearms or other weapons for specific occasions or for instructional purposes when facilities for such instruction are available.

Sec. 12. 33 V.S.A. § 5529d(c) is amended to read:

(c) If the court finds that it is in the best interest of the youthful offender to continue the case past the age of 18 and if the court finds, based on evidence submitted by the department of social and rehabilitation services, that Title IV-E funds and sufficient state matching funds are available to provide services to the youthful offender, it shall make an order continuing the court's jurisdiction up to the age of *[19]* 21.

Sec. 13. TRAINING FOR PREVENTION OF SCHOOL VIOLENCE AND DISRUPTION

The commissioner of education, in consultation with the secretary of human services and commissioner of public safety, shall develop training in the early identification and remediation of potentially violent or disruptive students, methods for de-escalation of violent or disruptive situations, and mediation and other conflict resolution measures. To the extent possible, the commissioner shall use materials and resources, such as those already developed through the BEST initiative, designed for working with potentially violent or disruptive students. The commissioner shall make the training available on a regional basis to school superintendents, school principals, and other representatives of local school districts who agree to transmit the training to their local school districts, including providing information and training to teaching and nonteaching school staff, and to parents, school board members, and other members of the community.

Sec. 14. EDUCATOR PREPARATION AND PROFESSIONAL DEVELOPMENT; STANDARDS BOARD FOR PROFESSIONAL EDUCATORS; STATE BOARD OF EDUCATION

(a) The state board of education and standards board for professional educators shall clarify and strengthen requirements for teacher and administrator training in basic classroom management, understanding of disabilities and special needs, instructional and curricular adaptations and accommodations, working with people of diverse cultural backgrounds, prevention of behavior problems, and working with students who exhibit challenging behaviors.

(b) The commissioner of education, in the next guidebook for local standards board for professional educators shall recommend that each board encourage teachers, in developing their individual professional development plans, to consider the need for further training in classroom management, understanding of disabilities and special needs, adaptations and accommodations, dealing with people of diverse cultural backgrounds, prevention of behavior problems, and handling of students who exhibit challenging behaviors.

(c) The commissioner of education shall encourage school administrators to ensure that experienced teachers are available to help newer teachers learn effective classroom management skills, and that experienced teachers avail themselves of ongoing professional development opportunities in this area.

(d) The commissioner of education shall meet with representatives of superintendents, the court system, the department of public safety, social and rehabilitation services, and the department of developmental and mental health services, and representatives of the education and juvenile justice communities to develop policies, possible recommendations for legislative change, and internal procedures and training that should be put into place to ensure timely exchange of appropriate information about a student's behavior which may be needed to ensure the safety of other students or in order to be able to provide timely intervention or alternative educational or other services.

(e) The commissioner of education and chair of the state board of education shall report the results of work carried out under this section to the Senate and House committees on education by January 15, 2001.

Sec. 15. COLLABORATIVE COMMUNITY DEMONSTRATION PROJECTS; GRANTS

(a) The commissioner of education, in consultation with the secretary of human services, the court administrator and the commissioner of public safety, may, if funds are available, award grants to school districts or groups of school districts which collaborate with parent groups, local human services agencies, court personnel and law enforcement agencies and other community agencies to establish demonstration projects. The projects shall be designed to increase collaborative community approaches to:

(1) preventing violent behavior in youth;

(2) intervening appropriately and effectively when violent behavior occurs; and

(3) providing alternative discipline techniques for violent students.

(b) In determining which applicants shall receive grants, the commissioner shall give priority to those which demonstrate the highest degree of need based on community indicators or reports to the commissioner that confirm significantly high rates of violence, suspension, expulsion or school dropouts.

Sec. 16. MODEL POLICIES AND PLAN; DATA COLLECTION

(a) The commissioner of education, in consultation with the Vermont principals association, the Vermont superintendents association, the Vermont school boards association, the Vermont national education association and the Vermont coalition for disability rights shall, by January 15, 2001, develop and distribute model plans on school discipline and implementation strategies. Model plans shall include a variety of in-school and out-of-school disciplinary measures which, in addition to addressing standard due process procedures, shall provide guidance in:

(1) preventing and responding to the problems caused by violent or disruptive students;

(2) describing which behaviors constitute misconduct both on and off school grounds; and

(3) establishing procedures for responding to misconduct.

(b) On or before January 15, 2001, the state board of education shall develop and distribute a model policy on viewing of confidential records with personally identifiable information and training of personnel who may be identified, pursuant to federal law, as those who may view the records.

(c) The commissioner of education, in consultation with the Vermont superintendents association, the Vermont school boards association, the Vermont national education association, the Vermont principals association and representatives of law enforcement and gun owners shall develop a model policy for distribution to Vermont school boards on the possession of dangerous and deadly weapons on school grounds. In addition, the commissioner shall disseminate written information which explains the federal and state laws regarding weapons on school grounds for use by Vermont school boards and school administrators. The commissioner shall distribute the model policy to all school boards by the beginning of school year 2001-2002.

(d) The commissioner of education shall gather data from each school district in order to help policy makers understand the scope of the truancy and dropout problems in Vermont. The commissioner shall work with others in the education community to develop a common definition of "truancy" and "dropout" for the purpose of collecting data.

Sec. 17. ALTERNATIVE PROGRAMS; STUDY; APPROPRIATION

(a) The amount of $50,000.00 is appropriated to the state board of education to:

(1) Review the national research on alternative learning environments.

(2) Describe the nature of Vermont alternative programs. This should include information about the process that went into designing each program, and describe alternatives that were considered or tried and rejected.

(3) Determine whether existing alternatives do and can successfully operate within the current laws and regulations governing public and independent schools.

(4) Describe the cost, funding and finance structures of Vermont's alternative programs.

(b) Based on this research, the commissioner shall develop recommendations on the following:

(1) Whether alternative programs should be held to standards which are different from those to which other public schools are held, and if so:

(A) a description of how the standards will ensure that the alternative program standards allow the flexibility needed to provide services in an alternative way, while also ensuring that the students receive a quality education in a safe environment; and

(B) a clear definition of an alternative program which would be held to the alternate standards.

(2) Changes that may be needed to the education finance structure.

(3) A system which would enable the department of education to:

(A) annually gather information about alternative learning programs, and use the results of the survey to identify unmet needs and best practices; and

(B) monitor, evaluate the effectiveness of, and approve alternative programs to ensure that they are providing a quality education.

(c) On or before January 15, 2001, the state board of education shall report to the Senate and House committees on education the information gathered, recommendations, and recommended legislation and appropriations to implement the recommendations.

Sec. 18. DECRIMINALIZATION OF TRUANCY; PLAN

(a) It is the intent of the general assembly to decriminalize truancy, and to establish a system of school, community and juvenile justice system supports in which a superintendent can require a youth and his or her family to participate in an increasingly intensive system of responses which can include: individualized support and supervision, or both, working with a community response team, or filing of a petition in court for help in responding to truant students. It is further the intent of the general assembly that responses to truancy shall be designed to encourage students to remain in school until graduation, and to provide help to families so that they can support this goal. Therefore, it is our intent that the courts be given authority to respond to truancy in a variety of appropriate ways which may include provision of social services and suspension of a student's drivers license.

(b) The commissioner of social and rehabilitation services, the commissioner of education and the court administrator shall develop a plan to implement the intent of this section, and shall provide a recommended system together with recommended statutory change to the general assembly on or before January 15, 2001.

Sec. 19. COMPREHENSIVE ARRAY OF SERVICES FOR YOUTH AT RISK OF BECOMING DELINQUENT AND YOUTH ADJUDICATED DELINQUENT; POLICY

It is the policy of the general assembly that each region of the state shall provide a comprehensive and complete array of services for youth at risk of becoming delinquent, and those who have been adjudicated delinquent. Therefore, the commissioner of education and the secretary of human services shall evaluate the services provided in each region, evaluate the relative responsibility for funding of the services, identify gaps in services, and whenever possible, provide support and encouragement to help each region provide services which fill the gaps and programs based on risk assessment that include asset and strength based approaches which promote positive youth development.

Sec. 20. LEGISLATIVE STUDY; SUBSTANCE ABUSE PROGRAMS FOR YOUNG OFFENDERS AND POTENTIAL YOUNG OFFENDERS

(a) There is created a legislative committee, made up of three senators chosen by the committee on committees and three representatives chosen by the speaker, to determine the need for improved or increased statewide substance abuse programs designed to serve young offenders and potential young offenders. The committee may meet up to six times.

(b) The committee shall:

(1) review the need for adolescent and pre-adolescent substance abuse treatment programs;

(2) determine what services currently exist;

(3) identify gaps in needed services; and

(4) make recommendations regarding what programs and resources are required to meet the needs of young people in Vermont who are at risk of abusing substances or who do abuse substances.

(c) On or before January 15, 2001, the committee shall report the results of the study and recommendations for changes to law or policy regarding adolescent and pre-adolescent substance abuse programs to the Senate and House committees on judiciary, health and welfare, and education.

Sec. 21. USE OF RESTRICTIVE BEHAVIORAL INTERVENTIONS

The commissioner of education shall gather data on use of restrictive behavioral interventions in Vermont schools and shall present the data to the Senate and House committees on education on or before January 15, 2001.

Sec. 22. APPROPRIATIONS

(a) The amount of $25,000.00 is appropriated to the legislative study committee created under Sec. 20 of this act.

(b) The amount of $10,000.00 is appropriated to the commissioner of education for the purpose of increasing the capacity of the department of education safe schools coordinator to train education personnel on the subjects of harassment and hazing.

And the committee further recommends that after passage that the title of the bill be amended to read:

AN ACT RELATING TO SUPPORTING SAFE LEARNING ENVIRONMENTS IN VERMONT SCHOOLS.

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

Senator Sears, for the Committee on Judiciary, to which the bill was referred, reported recommending that the proposals of amendment recommended by the Committee on Education be amended as follows:

First: By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

Sec. 2. 16 V.S.A. §563 is amended to read:

§ 563. POWERS OF SCHOOL BOARDS

The school board of a school district, in addition to other duties and authority specifically assigned by law:

* * *

(5) Shall keep the school buildings and grounds in good repair, suitably equipped, insured and in safe and sanitary condition at all times. The school board shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. At a minimum, a school board shall adopt and implement a policy *[pursuant to]* at least consistent with section 1166 of this title and section 4004 of title 13, relating to a student who brings a weapon to school.

* * *

Second: In Sec. 6, in 16 V.S.A. §1161a(a), at the end of the subdivision(s), by striking out the word "and", at the end of subdivision (6), by striking out the period and inserting in lieu thereof ; and, and by adding a new subdivision (7) to read:

(7) standard due process procedures for suspension and expulsion of a student.

Third: By striking out Sec. 7 in its entirety and inserting in lieu thereof a new Sec. 7 to read as follows:

Sec. 7. 16 V.S.A. § 1162 is amended to read:

§ 1162. SUSPENSION OR EXPULSION OF PUPILS

(a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with state board rules, suspend a pupil for *[a definite period of time]* up to 10 school days or, with the approval of the board of the school district, expel a pupil for up to six calendar months or the remainder of the school year, whichever is longer, for:

(1) misconduct on school property, on a school bus or at a school-sponsored activity when the misconduct makes the continued presence of the pupil harmful to the welfare of the school; or

(2) misconduct not on school property, on a school bus or at a school-sponsored activity where there is a direct connection between the pupil's misconduct and harm to the welfare of the school due to the continued presence of the pupil.

(b) Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school.

(c) Principals, superintendents and school boards are authorized and encouraged to provide alternative education services or programs to students during any period of suspension or expulsion authorized under this section.

Fourth: In Sec. 8, in 16 V.S.A. §1163(a), following the words "a Vermont public or independent school" by inserting , following application by the student and a review of whether or not the school can provide the student with appropriate services,

Fifth: By striking out Sec. 11 in its entirety and inserting in lieu thereof a new Sec. 11 to read as follows:

Sec. 11. 13 V.S.A. § 4004 is amended to read:

§ 4004. *[--BY PERSONS AT SCHOOL]* POSSESSION OF DANGEROUS OR DEADLY WEAPON IN A SCHOOL BUS OR SCHOOL BUILDING OR ON SCHOOL PROPERTY

(a) *[A person who carries or has in his or her possession a firearm, dirk knife, bowie knife, dagger or other dangerous or deadly weapon while within a school building, shall be imprisoned not more than 60 days or fined not more than $500.00, or both; however, the board of school directors may authorize the possession and use of firearms or other weapons for specific occasions or for instructional purposes when facilities for such instruction are available.]* No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(c) This section shall not apply to:

(1) A law enforcement officer while engaged in law enforcement duties.

(2) Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.

(d) As used in this section:

(1) "School property" means any property owned by a school, including motor vehicles.

(2) "Owned by the school" means owned, leased, controlled or subcontracted by the school.

(3) "Dangerous or deadly weapon" has the meaning defined in section 4016 of this title.

(4) "Firearm" has the meaning defined in section 4016 of this title.

(5) "Law enforcement officer" has the meaning defined in section 4016 of this title.

(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault.

Sixth: By striking out Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 to read as follows:

Sec. 12. 33 V.S.A. § 5529d(c) is amended to read:

(c) If the court finds that it is in the best interest of the youthful offender to continue the case past the age of 18 *[and if the court finds, based on evidence submitted by the department of social and rehabilitation services, that Title IV-E funds and sufficient state matching funds are available to provide services to the youthful offender]*, it shall make an order continuing the court's jurisdiction up to the age of *[19]* 21. The commissioner of corrections shall provide appropriate services to a youthful offender who is over the age of 18.

Seventh: In Sec. 17, subsection (b), at the end of the subsection, by adding a new subdivision (4) to read as follows:

(4) Whether alternative educational services or programs should be required for all students subject to long-term discipline, what would be the costs of such a requirement, and how such a requirement might be implemented, including a timetable for development of such programs.

Eighth: In Sec. 18, subsection (b), following the words "and the court administrator" by inserting , in consultation with the state's attorneys association, juvenile defender and representatives of law enforcement,

And that the bill ought to pass in concurrence with such proposals of amendment, when so amended.

Senator Spaulding, for the Committee on Appropriations, to which the bill was referred, reported recommending that the proposals of amendment recommended by the Committees on Education and Judiciary be amended as follows:

First: By striking out the Sixth proposal of amendment by the Committee on Judiciary in its entirety and inserting in lieu thereof the following:

Sixth: By striking out Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 to read as follows:

Sec. 12. 33 V.S.A. § 5529d(c) is amended to read:

(c) If the court finds that it is in the best interest of the youthful offender to continue the case past the age of 18 *[and if the court finds, based on evidence submitted by the department of social and rehabilitation services, that Title IV-E funds and sufficient state matching funds are available to provide services to the youthful offender]*, it shall make an order continuing the court's jurisdiction up to the age of 19.

Second: In the proposal of amendment by the Committee on Education, by striking out Sec. 17 in its entirety.

Third: In the proposal of amendment by the Committee on Education, by striking out Sec. 20 in its entirety.

Fourth: In the proposal of amendment by the Committee on Education, in Sec. 22 by striking out subsection (a) in its entirety and by striking out the following: "(b)"

And by renumbering the sections to be numerically correct.

And that the bill ought to pass in concurrence with such proposals of amendment, when so amended.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of proposals of amendment of the Committee on Education was amended as recommended by the Committee on Judiciary.

Thereupon, the pending question, Shall the recommendation of proposals of amendment of the Committee on Education, as amended, be amended as recommended by the Committee on Appropriations? was decided in the affirmative.

Thereupon, the proposals of amendment recommended by the Committee on Education, as amended, were agreed to and third reading of the bill was ordered.

Rules Suspended; Bills Messaged

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

H. 12, H. 610, H. 612, H. 733 and H. 748.

Message from the House

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

Mr. President:

I am directed to inform the Senate the House has adopted Joint Resolutions of the following titles:

J.R.H. 239. Joint resolution designating renewable energy week.

J.R.H. 240. Joint resolution commemorating the 50th anniversary of Merck Forest and Farmland Foundation.

J.R.H. 241. Joint resolution in memory of Robert S. Franzoni.

J.R.H. 242. Joint resolution congratulating the First Congregational Church of Newfane on the occasion of the church's 225th annual meeting.

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

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

H. 849. An act relating to penalties, dairy sheep, nonpoint source water pollution and large farm operations.

And has concurred therein with proposal of amendment in the adoption of which the concurrence of the Senate is requested.

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

H. 853. An act relating to the state's transportation capital program and project development plan.

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

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

Rep. Pembroke of Bennington

Rep. Peaslee of Guildhall

Rep. Hummel of Underhill

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

H. 156. An act relating to jurisdiction over the replacement, repair, and routine maintenance of communication support structures that extend 20 feet above the ground.

And has concurred therein.

Committee of Conference Appointed

The President laid before the Senate, House bill entitled:

H. 853. An act relating to the state's transportation capital program and project development plan.

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

Senator Mazza

Ide

Rivers

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

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o'clock in the morning.