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Journal of the Senate

________________

FRIDAY, APRIL 30, 1999

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend Peter Routhier of Barre.

Message from the House

Mr. President:

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

H. 564. An act relating to truth-in-sentencing.

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

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

S. 94. An act relating to snowmobiles.

And has passed the same in concurrence.

The House has adopted a Joint Resolution of the following title:

J.R.H. 101. Joint resolution congratulating the 1999 State Drama Champion Yoh Theatre Players of Woodstock High School.

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

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

J.R.S. 56. Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

H. 446. An act relating to water commissioners.

And has concurred therein.

Bills Referred

House bills of the following titles were severally read the first time and referred:

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

To the Committee on Education.

H. 564. An act relating to truth-in-sentencing.

To the Committee on Institutions.

Joint Resolution Placed on Calendar

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

Whereas, the Yoh Theatre Players of Woodstock Union High School have impressed audiences both near and far as versatile and talented thespians, and

Whereas, their outstanding presentation of the Greek classic "The Bacchae" by Euripides, at the 1999 State Drama Championship so dazzled the judges that the Yoh Players were awarded their second consecutive state drama championship and their seventh in nine appearances at the state competition, and

Whereas, under the brilliant direction of their director, Harriet Worrell, the Yoh Theatre Players consist of seniors Matt Ludwig, Molly Janicki, Lydia Gibson, Paul Sheperd, Nick Doolittle and Kate Austin; juniors Angie Boymer, Matt Benoit and Brendan Murray-Nellis; sophomores Jill Barr, Jeremy Kolb, Reid Chalker, Greg Dow, Ryan Dow, Tita Ferrick, Lindsay Hargis, Taylor Pape, Meriel Read and Danielle Ricci; and freshmen Adrianne Battiliana, Drew Comins, Cate Tiller, Cecily Stokes-Prindle and Leah Young; along with student crew members Kristen Clough, Allison Kennedy, Ryan Abraham, Oak Clifford and Nikki Bacon; and designer Mike Young, costumer Cheryl Larson and technical director Chuck Worrell, and

Whereas, members of the Yoh Theatre Players' Speakchorus have been performing a powerful dramatic work, "The Courage Zone," both in Vermont and elsewhere, that examines the trauma caused by various forms of harassment, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly congratulates the Yoh Theatre Players on winning the 1999 State Drama Championship and wishes them continued success in their theatrical endeavors, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Harriet Worrell at Woodstock Union High School.

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

Joint Resolutions Adopted in Concurrence

Joint House resolution entitled:

J.R.H. 95. Joint resolution honoring Blanche Honegger Moyse on her ninetieth birthday for her notable contributions, both in Vermont and around the world, to classical music education and performance.

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

Thereupon, the pending question, Shall the joint resolution be adopted in concurrence? was decided in the affirmative.

Joint House resolution entitled:

J.R.H. 99. Joint resolution in honor of Mary S. Babcock on her retirement after a 53-year career in public education.

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

Thereupon, the pending question, Shall the joint resolution be adopted in concurrence? was decided in the affirmative.

Third Readings Ordered

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

H. 302. An act relating to designating the state pie and the state fruit.

Reported that the bill ought to pass in concurrence.

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

Senator Munt, for the Committee on Health and Welfare, to which was referred House bill entitled:

H. 451. An act relating to confidentiality of HIV reporting.

Reported that the bill ought to pass in concurrence.

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

Bill Amended; Third Reading Ordered

Senator Ready, for the Committee on Natural Resources and Energy, to which was referred Senate bill entitled:

S. 26. An act relating to alternative wastewater system standards, loans for system replacement, and amnesty for certain subdivision violations.

Sec. 1. AGENCY DEVELOPMENT OF ALTERNATIVE WASTEWATER DISPOSAL SYSTEMS

Within 18 months of the effective date of this act, the agency of natural resources shall complete the process of developing rules which would allow use of alternative technologies for the on-site disposal of wastewater. The rules shall be prepared pursuant to the public process established under 3 V.S.A. chapter 25, except that the final proposal shall be submitted to the general assembly for adoption, rather than to the committee on administrative rules. During the process of developing these rules, the agency shall solicit the input of people from diverse backgrounds and from people located throughout the state. No less frequently than every six months, the agency shall provide to the legislative Committees on Natural Resources and Energy an update on its progress in developing these rules and in incorporating public comment in rules development. The rules developed shall include, but shall not be limited to the following:

(1) prescriptive design flow standards for water and wastewater;

(2) design requirements, including isolation distances;

(3) monitoring and reporting requirements;

(4) soils and hydrogeologic requirements;

(5) requirements for engineering plans and specifications for potable water supplies and wastewater systems;

(6) provisions for the acceptance and approval of alternative technologies, based on performance evaluations provided by qualified organizations with expertise in wastewater systems, including the New England Interstate Water Pollution Control Commission;

(7) provisions allowing the use of a variety of alternative or innovative technologies, including intermittent sand filters, recirculating sand filters, waterless toilets and greywater disposal systems, and constructed wetlands, that provide the same degree of protection of human health and the environment as do the conventional technologies authorized by rule. When alternative technologies are approved for general use, the rules shall not require either a bond or the immediate construction of a duplicate wastewater system for those alternative technologies;

(8) provisions allowing for appropriate reductions in leachfield size or the depth to the seasonal high water table when alternative or innovative technologies are used and when those technologies provide a greater degree of wastewater treatment than conventional technologies;

(9) provisions allowing for the use of tight tanks as follows:

(A) as a remedial alternative, on a site where a conventional system has failed or where an existing system is expected to fail, and in either instance, where no other cost-feasible alternative is available; and

(B) as a special alternative, under the terms of section 1265a of Title 10;

(10) provisions describing the standards and requirements for the issuance of variances as a means of correcting failed systems, including provisions that require that the cost of the repair of failed systems be considered in addition to the potential impacts on human health and the environment;

(11) other requirements necessary to protect human health and the environment.

Sec. 2. SEPTIC TECHNOLOGY IMPACT STUDY

(b) The committee shall consist of the following: one member of the Senate, appointed by the Committee on Committees, one member of the House, appointed by the Speaker, the secretary of natural resources or a designee, the secretary of commerce and community affairs or a designee, and up to 12 persons appointed by the governor to represent: agricultural interests, home builders, engineers, the environmental community, the real estate sales industry, local governmental officials, land use planning organizations, property owners, and members of the general public.

(c) The committee shall solicit public comment from people located in the various regions of the state and shall report to the general assembly by no later than June 1, 2000 with alternatives, initiatives and recommendations with respect to the use of alternative technologies for on-site disposal of wastewater and land use impacts associated with them.

Sec. 3. 10 V.S.A. § 1954 is amended to read:

§ 1954. EXEMPTIONS

(a) The secretary shall not require permits under this chapter for the construction of potable water supply and wastewater facilities serving single family residences on their own individual lots, family day care, homes or existing mobile home parks exempt from permit review under section 6235*[(b)]* (a) of this title.

(b) When the construction or operation of a potable water supply *[comes within the jurisdiction of 18 V.S.A. chapter 24, the secretary shall not require a permit for that supply]* requires a permit under chapter 56 of this title, no permit shall be required under this chapter for that construction or operation.

* * *

(e) Farm wastewater system and potable water supplies.

(1) A wastewater system constructed exclusively for livestock or poultry production shall not require a permit under this chapter, provided that the wastewater system is operated in accordance with all applicable standards and guidelines established by the department of agriculture, food and markets.

(2) The following potable water supplies shall not require a permit under this chapter, provided that the potable water supply is operated in accordance with all applicable standards and guidelines established by the department of agriculture, food and markets:

(A) A potable water supply serving a farm structure, as that term is defined in 24 V.S.A. § 4495.

(B) A potable water supply serving a farm structure, as that term is defined in 24 V.S.A. § 4495, which is part of a commercial farming operation as "farming" is defined in 10 V.S.A. § 6001, and also serving any related farm dwelling.

(f) Single family residences which were modified to allow for an accessory use apartment shall not require a permit under this chapter, provided that all of the following apply:

(1) The accessory unit was occupied prior to January 1, 1999.

(2) Only one additional living unit was added to the existing structure.

(3) The exterior of the existing structure was not expanded.

(4) No significant modifications were made to the potable water supply or wastewater system.

(5) The existing wastewater system had not failed as of January 1, 1999.

(6) The existing potable water supply is tested and found to comply with drinking water standards for bacteria, lead, nitrate, sodium, and arsenic. A copy of the report shall be submitted to the secretary.

(7) There are no further significant modifications to the single family residence that affect the potable water supply or wastewater system.

Sec. 4. 24 V.S.A. § 4751 is amended to read:

§ 4751. DECLARATION OF POLICY

It is hereby declared to be in the public interest to foster and promote timely expenditures by municipalities for water supply, water pollution control and solid waste management, each of which is declared to be an essential governmental function when undertaken and implemented by a municipality. It is also declared to be in the public interest to promote expenditures for certain existing privately-owned public water systems and certain privately-owned failed wastewater treatment and disposal systems to bring those systems into compliance with federal and state standards and to protect public health.

Sec. 5. 24 V.S.A. § 4752(10) is added to read:

(10) "Privately-owned failed wastewater system" means a wastewater system that is a failed system, as failed system is defined in 18 V.S.A. § 1218, which:

(A) is not owned or operated by a municipality; and

(B) receives wastewater only from a residential housing unit or units.

Sec. 6. 24 V.S.A. chapter 120, subchapter 4 is added to read:

Subchapter 4. Private Loans for Wastewater Systems

§ 4780. APPLICABILITY

(a) Notwithstanding all other provisions of this chapter, the requirements of this subchapter shall apply to all loans made for the planning, design, acquisition of required permits, or for the construction of repairs, modifications, or replacements of privately-owned failed wastewater systems, including any other actions necessary to correct the failure.

(b) The provisions of this subchapter shall be used exclusively to establish a pilot program consisting of an allocation from the Vermont environmental protection agency pollution control revolving fund of up to $500,000.00 per year during the two-year period beginning July 1, 2000 and ending June 30, 2002. By January 15, 2002 the commissioner of environmental conservation shall report on the status of and activities under the pilot program to the house and senate committees on institutions and on natural resources and energy.

§ 4781. CONDITIONS OF LOANS

(a) The secretary may authorize the bond bank to make loans from the Vermont environmental protection agency (EPA) pollution control revolving fund, established under section 4753 of this title, to one or more state agencies or authorities without first requiring that the loan be secured by collateral.

(b) Any state agency or authority that receives a loan from the bond bank under this section may, in turn, make loans to qualified applicants for the planning, design, acquisition of required permits, or for the construction of repairs, modifications, or replacements of privately-owned failed wastewater systems, including any other actions necessary to correct the failure. All loans made to a state agency or authority are subject to the following conditions:

(1) The loan shall be evidenced by a note payable over a term not to exceed 20 years;

(2) The rate of interest charged for such loans shall be zero percent; and

(3) Repayment shall commence no later than two years after the date on which the loan agreement is executed.

§ 4782. QUALIFICATIONS FOR ELIGIBILITY; CERTIFICATION

No loan shall be made by a state agency or authority under this subchapter until the loan applicant has certified that all state and local permits necessary to undertake the actions for which financing has been sought have been issued or, in case no permit is required, the system has been reviewed and approved by the agency as a system that would be entitled to a permit or a permit with a variance, if a permit had been required.

§ 4783. LOAN PRIORITIES

Any state agency or authority making loans under this subchapter shall only award such loans for privately-owned wastewater systems serving persons with very low, low or moderate incomes. In addition, the state agency or authority shall give loans to eligible applicants based on the following, in descending order of priority:

(1) The need to abate an existing public health hazard.

(2) The need to eliminate a direct discharge to the waters of the state, including wetlands.

(3) The need to abate a potential public health hazard.

(4) The need to abate an existing or potential private health hazard.

§ 4784. INTERGOVERNMENTAL AGREEMENTS

The secretary, bond bank, and state agency or authority shall have the authority to enter into those intergovernmental agreements necessary to implement the provisions of this subchapter.

Sec. 7. FUNDING ASSISTANCE FOR VERY LOW, LOW, AND MODERATE INCOME PERSONS

By January 1, 2001, the secretary of natural resources and the secretary of commerce and community development shall establish a pilot funding program to assist in remediating failed wastewater systems, particularly those located in mobile home parks. The program shall be established from existing funding sources, using existing administrative systems, to provide low interest loans, deferred loans, and grants to individuals and to nonprofit housing providers, in order to benefit very low, low, and moderate income homeowners, particularly those residing in mobile home parks, by assisting in the repair or replacement of failed wastewater systems and, under certain circumstances, potable water supplies. The program will ensure that persons of low and very low income shall benefit from at least 50 percent of the funds available under this program.

Sec. 8. 18 V.S.A. § 1218(d) is added to read:

(d)(1) The following subdivided lots shall not require a permit under this section if the specified conditions are met:

(A) a subdivided lot which required a subdivision permit on which a building or structure and its associated potable water supply and wastewater disposal system was substantially constructed as of January 1, 1999 is exempt, provided that:

(i) the wastewater disposal system has not failed;

(ii) the lot is not subsequently subdivided;

(iii) there is no significant modification of the building or structure after January 1, 1999 that would increase design flows ;

(iv) there is no significant modification of the potable water supply or wastewater disposal system after January 1, 1999; and

(v) if a subdivision permit had been issued for the lot prior to January 1, 1999; the conditions of such permit concerning actions required to be taken after January 1, 1999 shall remain in effect. Such conditions include ones concerning operation and maintenance and transfer of ownership.

(B) a lot which was subdivided on or before January 1, 1999 which required a subdivision permit and which has not been developed through the construction of a building or structure is exempt, provided that the lot is not subsequently subdivided, and:

(i) prior to the construction of a building or structure on the lot, a subdivision permit is obtained, and

(ii) prior to the transfer ownership of the lot, unless a permit has been obtained by that time, the following language is inserted into the deed describing the affected property: "Notice of Permit Requirements. In order to comply with applicable state rules concerning potable water supplies and wastewater systems, a person shall not construct or erect any structure or building on the parcel of land described by this deed if the useful occupancy of that structure or building will require the installation of a potable water supply or wastewater system, without first complying with the applicable rules and, if necessary, obtaining the required permit. Any person who owns this property acknowledges that this parcel may not be able to meet state standards for a potable water supply or wastewater system and, therefore, this parcel may not be able to be developed."; and

(2) For the purposes of this subsection, the subdivision of land shall be deemed to occur upon the recording in the land records of a plat, plan or deed.

(3) For the purposes of this subsection, a wastewater disposal system has failed when the system is functioning in a manner:

(A) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless the approved design of the system specifically requires the system to function in such a manner;

(B) so that a potable water supply is contaminated or rendered not potable:

(C) that presents an imminent hazard to human health; or

(D) that presents a serious threat to the environment.

(4) If a wastewater disposal system benefiting from the limited amnesty granted under this subsection has failed, the owner of the system shall apply for and obtain a permit, and shall correct the failure in accordance with the permit. Permits issued under this subsection may include permits that include variance provisions if the failed wastewater disposal system cannot be modified or replaced in a way that enables the secretary to issue a permit that fully complies with the rules adopted under subsection (b) of this section. When approving a variance under this subsection, the secretary shall consider the cost of the modification or replacement of the system in addition to the potential impacts on human health and the environment.

Sec. 9. REPEAL

Sec. 10. CURATIVE EFFECT OF ACT

(a) If there is compliance with the conditions of the permit exemptions described in subsection 1218(d) of Title 18, the failure to obtain a subdivision permit under section 1218 and the failure to record such permit or comply with the requirements of such permit shall not constitute a violation that adversely affects the marketability of title under 27 V.S.A. chapter 5, subchapter 7.

(b) This section shall retroactively apply to these exempt properties.

And that when so amended the bill ought to pass.

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

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

Proposal of Amendment; Third Reading Ordered

Senator Morrissey, for the Committee on Health and Welfare, to which was referred House bill entitled:

H. 351. An act relating to health insurance and chiropractic services.

Sec. 1. 8 V.S.A. § 4088a is added to read:

§ 4088a. CHIROPRACTIC SERVICES

(a) A health insurance plan shall provide coverage for clinically necessary health care services provided by a chiropractic physician licensed in this state for treatment within the scope of practice described in chapter 10 of Title 26, but limiting adjunctive therapies to physiotherapy modalities and rehabilitative exercises. A health insurance plan does not have to provide coverage for the treatment of any visceral condition arising from problems or dysfunctions of the abdominal or thoracic organs. A health insurer may require that the chiropractic services be provided by a licensed chiropractic physician under contract with the insurer or upon referral from a health care provider under contract with the insurer. Health care services provided by chiropractic physicians may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters and utilization review consistent with any applicable regulations published by the department of banking, insurance, securities, and health care administration; provided that any such amounts, limits and review shall not function to direct treatment in a manner unfairly discriminative against chiropractic care, and collectively shall be no more restrictive than those applicable under the same policy to care or services provided by other health care providers but allowing for the management of the benefit consistent with variations in practice patterns and treatment modalities among different types of health care providers. Nothing herein contained shall be construed as impeding or preventing either the provision or coverage of health care services by licensed chiropractic physicians, within the lawful scope of chiropractic practice, in hospital facilities on a staff or employee basis.

(b) As used in this section, "health insurance plan" means any individual or group health insurance policy, any hospital or medical service corporation or health maintenance organization subscriber contract or any other health benefit plan offered, issued or renewed for any person in this state by a health insurer, as defined by 18 V.S.A. § 9402(7). The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage.

Sec. 2. APPLICABILITY AND EFFECTIVE DATE

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 on a roll call, Yeas 30, Nays 0.

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

Roll Call

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

Those Senators who voted in the negative were: None.

Third Reading Ordered

Senator Ankeney, for the Committee on Government Operations, to which was referred joint Senate resolution entitled:

J.R.S. 36. Joint resolution relating to reducing the risks of an accidental nuclear attack.

Reported that the joint resolution ought to be adopted.

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

Adjournment

On motion of Senator Shumlin, the Senate adjourned.

AFTERNOON

Proposals of Amendment Amended; Further Proposals of Amendment; Bill Passed in Concurrence with Proposals of Amendment

House bill entitled:

H. 533. An act relating to capital appropriations and state bonding.

Was taken up.

Thereupon, pending third reading of the bill, Senator Sears and Morrissey moved to amend the sixth Senate proposal of amendment in Sec. 5 (Commerce and Community Development) by adding a new subsection to be lettered subsection (c) to read as follows:

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Sears, Shumlin and Morrissey moved that the Senate further propose to the House to amend the bill on page 37, following line 2, by adding a new section to be numbered Sec. 38c to read as follows:

Sec. 38c. VERMONT VETERANS' HOME; MOUNT ANTHONY UNION SCHOOL; ATHLETIC FIELD

The Vermont Veterans' Home (VVH) shall make available to Mount Anthony Union School District No. 14 (MAUSD) certain land owned by VVH for use by MAUSD as an athletic practice field for three hours per day during the 1999 fall athletic season. Such land is as defined by the lease agreement between VVH and MAUSD for use of the land dated March 16, 1995. VVH and MAUSD shall jointly develop by January 15, 2000 an agreement providing for long-term use by MAUSD of the land as an athletic practice field, and VVH shall report such agreement by that date to the senate and house committees on institutions.

Which was agreed to.

Thereupon, pending third reading of the bill, Senators Sears and Illuzzi, on behalf of the Committees on Judiciary and Institutions, moved to amend the thirty-first Senate proposal of amendment by striking out Sec. 34f in its entirety and inserting in lieu thereof a new Sec. 34f to read as follows:

Sec. 34f. 28 V.S.A. § 104 is added to read:

§ 104. NOTIFICATION OF COMMUNITY PLACEMENTS

(a) The department shall provide notice when appropriate and at the department's sole discretion to affected state, county and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough. The notice may include the offender's name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address and telephone number of the correctional entity supervising the offender.

(b) The department shall provide notice to affected state, county and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever the department has arranged to house in any apartment, duplex or other kind of housing three or more offenders. Such notice shall be given at least 15 days prior to placing any offender in such housing.

(c) The commissioner shall develop rules to implement this section.

(d) Section 104(a) shall expire July 1, 2000.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Illuzzi moved to amend the Senate proposals of amendment as follows:

First: In the First proposal of amendment, Sec. 1b (correctional facility), subsection (a), by striking the following: "(a)"; and in subsections (b) and (c), by striking subsections (b) and (c) in their entirety.

Third: In the Sixth proposal of amendment, Sec. 5 (commerce and community development) by adding a new subsection (c) as follows:

(c) The following sum is appropriated to the department

of buildings and general services for use with the Civil War

monument to members of the Vermont company of 1st

Regiment U.S. Sharpshooters, Gettysburg, Pennsylvania,

for repairs: 12,000.

And in the Sec. 5 summary, by striking the figure "$820,200" and inserting in lieu thereof the figure "$832,200"

Fourth: In the Nineteenth proposal of amendment, Sec. 19 (bonding authorization), by striking where it twice occurs the figure "$38,628,555" and inserting twice in lieu thereof the figure "$38,690,555"

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Crowley moved that the Senate further propose to the House to amend the bill on page 17, after line 10, by adding a new section to be numbered Sec. 19a to read as follows:

Sec. 19a. CAPITAL DEBT REDUCTION

(a) The total amount of state general obligation bonding authorized by Sec. 19 of this act is hereby reduced by the sum of $10,000,000.

(b) The sum of $10,000,000 in fiscal year 1999 general fund surplus monies is transferred from the general fund to the general bond fund to defray the expenditures authorized by this act. Such funding authorization shall carry forward beyond the current or any future fiscal year.

Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as moved by Senator Crowley? Senator Crowley requested and was granted leave to withdraw his proposal of amendment.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment on a roll call, Yeas 30, Nays 0.

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

Roll Call

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

Those Senators who voted in the negative were: None.

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

House bill entitled:

H. 548. An act relating to equal education opportunity omnibus act.

Was taken up.

Thereupon, pending third reading of the bill, Senator Spaulding, on behalf of the Committee on Appropriations, moved to amend the Senate proposal of amendment as follows:

Sec. 12. 32 V.S.A. § 6066(a)(1) is amended to read:

(a) The property tax of an eligible claimant who owned the homestead on the last day of the taxable year shall be adjusted as follows:

(1) the claimant's statewide property tax liability shall be:

(A) For claimants with household income of $75,000.00 or more, the lesser of 2.0 percent of household income for the taxable year plus the statewide property tax on the value of the homestead in excess of $175,000.00; or the amount of statewide property tax assessed on the homestead; and

(B) For claimants with household income less than $75,000.00, the lesser of 2.0 percent of household income for the taxable year, or the amount of statewide *[education]* property tax the municipality would have assessed on the homestead if its equalized value had been reduced by $15,000.00;

Sec. 12a. 32 V.S.A. § 6061(4) is amended to read:

(4) "Household income" means

(A) modified adjusted gross income received in a calendar year by

*[(A)]* (i) all persons of a household while members of that household; and *[(B)]* (ii) the spouse of the claimant who is not a member of that household and who is not legally separated from the claimant*[.]* ;

(B) For claimants age 62 or older as of the last day of the taxable year whose household income determined without regard to this subdivision is $15,000.00 or less, household income shall be reduced as follows:

If household income under then total

subdivision (A) household income (rounded to the nearest dollar) is

is reduced by:

$0 - 4,999.00 $4,000.00

$5,000.00 - 9,999.00 $3,000.00

$10,000.00 - 15,000.00 $2,000.00

In no case shall household income be reduced to less than zero.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Kittell moved to further amend the Senate proposal of amendment by striking out Sec. 95 in its entirety and renumbering the remaining sections of the bill to be numerically correct.

Which was disagreed to on a roll call, Yeas 11, Nays 19.

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

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Bahre, Brownell, Costes, Kittell, Leddy, McCormack, Ptashnik, Ready, Riehle, Sears.

Those Senators who voted in the negative were: Backus, Bartlett, Bloomer, Canns, Chard, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, MacDonald, Maynard, Mazza, Morrissey, Munt, Rivers, Shumlin, Spaulding.

Thereupon, pending third reading of the bill, Senator Brownell moved to further amend the Senate proposal of amendment by striking out Sec. 95 in its entirety and inserting in lieu thereof a new section to be numbered Sec. 95 to read as follows:

Sec. 95. 31 V.S.A. §654a is added to read:

§654a. MULTISTATE BIG GAMES

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Rivers, on behalf of the Committee on Finance, moved to further amend the Senate proposal of amendment as follows:

Sec. 96a. EFFECTIVE DATES; PART II; MISCELLANEOUS TAX ACT

(b) Sec. 52 (per diem compensation of the valuation appeals board) and Sec. 53 (Parole Board) shall take effect July 1, 1999.

(c) Sec. 56 (credit for changes in federal law) shall apply to tax years beginning January 1, 1998 and thereafter.

(d) Sec. 58 (generation-skipping tax) shall take effect with respect to transfers on and after January 1, 2000.

(e) Secs. 59 and 60 (interest and penalty on pinball and amusement machines) shall take effect with respect to interest and penalty assessed for taxable years beginning on and after January 1, 1999.

(f) Sec. 75 (sales tax exemption for renewable energy systems) shall apply to purchases and uses on or after July 1, 1999.

(g) Sec. 77 (unclaimed property, annual reports) is effective January 1, 2000.

(h) Secs. 79-81 (allocation of property transfer tax) shall take effect beginning with fiscal year 2000.

(i) The remaining sections of this Part II shall take effect from passage.

Sec. 12b. 16 V.S.A. §4024 (b)(3) is amended to read:

* * *

Sec. 93. 32 V.S.A. §9741 (34) is amended to read:

Sec. 93a. 32 V.S.A. §9741 (39) is amended to read:

Sec. 93b. 32 V.S.A. § 9741 (40) [Machinery and equipment, products or services] is repealed.

Sec. 93c. Effective dates.

Sec. 55a. EFFECTIVE DATE; EXEMPTIONS; INCOME TAXATION

Which was agreed to.

Sec. 153a. 23 V.S.A. § 304(b)(2)(A) and (B) are amended to read:

(A) At the request of the leader of a safety organization or service organization, upon application and payment of an annual fee of $10.00 for each set of plates for a service organization, or a one-time fee of $10.00 for a safety organization, in addition to the annual fee for registration, special plates indicating membership in one of the "safety organizations" or "service organizations" may be issued to registrants of vehicles registered at the pleasure car rate and of trucks registered for not more than 8,099 pounds who are members of these organizations. The applicant must provide a written statement from the appropriate official of the organization, authorizing the issuance of the plates.

(B) At the time that an organization requests the plates, it shall deposit $1,000.00 with the commissioner. Notwithstanding section 502 of Title 32, the commissioner may charge the actual costs of production of the plates against the fees collected and the balance shall be deposited in the transportation fund. For each set of plates issued, $10.00 of this deposit shall be deemed to be the safety organization or service organization special plate fee for each authorized applicant. When the initial deposit of $1,000.00 is depleted, applicants shall be required to pay the $10.00 annual or one-time fee as provided for in subdivision *[(b)(1)]* (b)(2)(A)of this section. Notwithstanding section 502 of Title 32, the commissioner may charge the actual costs of production of the plates against the fees collected and shall remit the balance to the transportation fund. No organization shall charge its members any additional fee or premium charge for the authorization, right or privilege to display these special number plates. This provision shall not prevent any organization from collecting $10.00 from each of the first 100 applicants for the special plates to recover the cost of the $1,000.00 deposit.

Thereupon, pending the question, Shall the Senate proposal of amendment be amended as moved by Senator Morrissey? Senator Morrissey requested and was granted leave to withdraw his amendment.

Thereupon, pending third reading of the bill, Senators Ready, Ankeney and McCormack moved to further amend the Senate proposal of amendment by striking out Sec. 34 (Income tax reduction) in its entirety and by striking out Sec. 37 (n) (effective date) in its entirety.

Which was disagreed to on a roll call, Yeas 4, Nays 26.

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

Roll Call

Those Senators who voted in the affirmative were: Ankeney, Kittell, McCormack, Ready.

Those Senators who voted in the negative were: Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Leddy, MacDonald, Maynard, Mazza, Morrissey, Munt, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding.

Thereupon, pending third reading of the bill, Senator Bloomer moved to further amend the Senate proposal of amendment as follows:

Sec. 159. 20 V.S.A. § 3073 is amended to read:

§ 3073. FEES

The fee for applications for licenses shall be $10.00 for residents of the state, $20.00 for nonresidents. Initial licenses shall be for a term of one year. License renewals shall be for three years for a fee of $30.00 for residents, $60.00 for nonresidents. *[The fee for licenses issued to residents of the state shall be $2.00. The fee for licenses issued to nonresidents shall be $4.00. All fees shall be transmitted by the commissioner of public safety to the commissioner of finance and management for inclusion in the state's general fund revenues.]* Fees collected under this section shall be credited to a special fund and shall be available to the department of public safety to offset the cost of providing the service.

Second: By adding new section to be numbered Sec. 159a to read as follows:

Sec. 159a. IMPLEMENTATION OF THREE-YEAR EXPLOSIVES LICENSES

In the implementation of the three-year license period authorized in Sec. 159, the department of public safety shall stagger the renewals by granting one-third of the renewals three-year license at the statutory fee, one-third of the renewals two-year license for a fee of $20.00 for residents, $40.00 for nonresidents, and one-third of the renewals a one-year license for a fee of $10.00 for residents, $20.00 for nonresidents.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Illuzzi moved to further amend the Senate proposal of amendment by striking out Sec. 222 in its entirety,

Which was disagreed to on a division of the Senate, Yeas 9, Nays 20.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment on a roll call, Yeas 27, Nays 3.

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

Roll Call

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

Those Senators who voted in the negative were: Ankeney, Bahre, Ready.

After passage of the bill in concurrence with proposal of amendment, the Senate proposed to the House to amend the title of the bill as recommended by the Committee on Finance to read as follows:

AN ACT RELATING TO THE MISCELLANEOUS TAX REDUCTION ACT OF 1999.

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. 533, H. 548.

Adjournment

On motion of Senator Shumlin, the Senate adjourned, to reconvene again on Monday, May 3, 1999, at one o'clock and thirty minutes in the afternoon pursuant to J.R.S. 56.