House Calendar
FRIDAY, MAY 7. 2004
123rd DAY OF ADJOURNED SESSION
Page No.
ACTION CALENDAR
Third Reading
S. 75 Decedents’ Estates.......................................................................... 1200
Senate Proposal of Amendment
H. 775 Charter City of Burlington................................................................ 1200
Rule 52
J.R.H. 65 Council on Rural Development Use of State House .................... 1201
J.R.H. 66 Methyl Tertiary Butyl Ether (MTBE)........................................... 1201
NOTICE CALENDAR
Favorable with Amendment
H. 784 Relating to Income Tax.................................................................... 1201
Rep. Marron for Ways and Means
Rep. Westman for Appropriations
H. 785 Stormwater Discharge..................................................................... 1202
Rep. Hummel for Fish, Wildlife and Water Resources
Rep. Larocque For Appropriations................................................ 1202
Rep. Hummel Amendment............................................................. 1203
S. 227 Sex Offender Registration and Notification ...................................... 1204
Rep. Flory for Judiciary
Rep. Perry for Appropriations................................................... 1223
S. 288 Policies on Prescription Drugs.......................................................... 1224
Rep. Donahue for Health and Welfare
S. 315 Union and Unified School Districts................................................... 1242
Rep. Lavoie for Education
Rep. Shouldice for Ways and Means......................................... 1243
J.R.H. 53 Codifying Educational Charters and Agreements......................... 1244
Rep. Kilmartin for Judiciary
S. 225 Criminal Justice Training Council...................................................... 1246
Rep. Kennedy for Government Operations
Senate Proposal of Amendment
H. 547 Distribution of Certain Tax Records and Data.................................. 1246
Reports Committees of Conference
H. 364 NE Kingdom Waste Management Charter....................................... 1246
S. 100 Humane and Proper Treatment of Animals........................................ 1247
Ordered to Lie
H. 743 Relating to Securities....................................................................... 1253
CONSENT CALENDAR
(See Addendum to House and Senate Calendar)
H.C.R. 291 Congratulating Benjamin Turcotte & Alexandre Caillot............ 1254
H.C.R. 292 In Memory of Specialist Christopher D. Gelineau..................... 1254
H.C.R. 293 Burr and Burton Academy Girls’ Hockey Team....................... 1254
H.C.R. 294 Burr and Burton Academy Boys’ Hockey Team...................... 1254
H.C.R. 295 Congratulating Larry Young, Eagle Scout................................. 1254
H.C.R. 296 Congratulating Doug and Doreen Sheltra.................................. 1254
H.C.R. 297 Honoring “Kitchen Tunks and Parlor Songs”............................ 1254
H.C.R. 298 Congratulating Carl and Beverly Norton................................... 1254
ACTION CALENDAR
Third Reading
S. 75
Senate Proposal of Amendment
H. 775
An act relating to the charter of the city of Burlington.
The Senate proposes to the House to amend the bill as follows:
First: By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:
Sec. 1. APPROVAL OF CHARTER AMENDMENT
The charter of the City of Burlington is amended as provided in this act. Proposals of amendment were approved by the voters on March 4, 2003 and March 2, 2004.
Second: By adding a new Sec. 1a to read as follows:
Sec. 1a. 24 V.S.A. App. chapter 3, § 48 is amended to read:
§ 48. ENUMERATED
The city council shall have power:
* * *
(64)(A) Where there is no written rental agreement and notwithstanding subsection 4467(c) of Title 9, to prohibit, by ordinance, a landlord from terminating a tenancy of rental housing within the city for no cause unless the landlord provides to the tenant written notice of at least 90 days when the tenancy has been less than two years and of at least 120 days when the tenancy has been two years or more.
(B) Unless inconsistent with a written rental agreement or otherwise provided by law, and notwithstanding the provisions of subsection 4456(d) of Title 9, to require, by ordinance, tenants who wish to terminate a residential tenancy to give actual notice to the landlord at least two rental periods prior to the termination date specified in the notice.
(65) To prohibit increases in rent for rental housing within the city without advance written notice of at least 90 days.
(For text see House Journal 4/20/2004)
For Action Under Rule 52
J. R. H. 65
Joint resolution authorizing the Vermont Council on Rural Development use of the State House.
J. R. H. 66
Joint resolution relating to methyl tertiary butyl ether (MTBE).
(For text see House Journal May 6, 2004)
NOTICE CALENDAR
Favorable with Amendment
H. 784
An act relating to income tax.
Rep. Westman of Cambridge, for the Committee on Appropriations, recommends the bill be amended as follows:
First: By striking Sec. 6 and inserting new Secs. 6 and 6a to read:
Sec. 6. 32 V.S.A. § 5836(e) is amended to read:
(e) The tax
imposed by this section shall be limited, in the case of any corporation, for
such corporation's taxable year under the federal Internal Revenue Code, to the
amount of its federal taxable income (before net operating loss deductions and
special deductions) increased by the amount of its income from state and local
obligations and by the amount of any deductions taken for the tax imposed by
this section provided, however, that in no event shall a corporation pay an
amount of tax less than $5,000.00 for its taxable year if its average
monthly deposits exceeded $50 million in any month of its taxable year, and
$2,500.00 if its deposits were $50 million or less the amount of tax
calculated under subsection (b) of this section for the months beginning after
June 30, 2004.
Sec. 6a. REPEAL
32 V.S.A. § 5836(e) (bank franchise tax limitation by federal taxable income) is repealed January 1, 2005.
Second: On page 10, in Sec. 13, after the words “31 V.S.A. § 664” by inserting “and § 674(S)” and by striking in that sentence the word “is” and inserting in lieu thereof the word “are”; and in Sec. 14 by striking the word “Powerball” and inserting in lieu thereof the words “multijurisdictional lottery”.
(Committee vote: 9-0-2)
H. 785
An act relating to stormwater discharge.
(Rep. Hummel of Underhill, will speak for the Committee on Fish, Wildlife and Water Resources.)
Rep. Peterson of Williston, for the Committee on Ways and Means, recommends the bill ought to pass.
( Committee Vote: 9-1-1)
Rep. Larocque of Barnet, for the Committee on Appropriations, recommends the bill be amended as follows:
First: In Sec. 1(d), page 8, line 14, after “The rule shall” by inserting “be adopted in accordance with chapter 25 of Title 3 and shall” before “include”
Second: By striking Sec. 7 in its entirety and inserting in lieu thereof the following:
Sec. 7. APPROPRIATIONS FOR STORMWATER-IMPAIRED WATERS RESTORATION FUND
The secretary of administration shall transfer $1,200,000.00 of the general funds set aside in Sec. 7 of No. 7 of the Acts of 2003 to the state treasurer for deposit in the stormwater-impaired waters restoration fund in order to capitalize the fund to provide assistance for the design and implementation of offsets that will reduce the sediment load and hydrologic impact of regulated stormwater runoff in stormwater-impaired waters.
Third: By striking Sec. 8(a) in its entirety and inserting in lieu thereof the following:
(a) The secretary of natural resources shall redirect up to $250,000 in fiscal year 2005 from the carry forward amount in the environmental permit fund under section 2822 of Title 3 for the completion and implementation of total maximum daily loads (TMDLs) and water quality remediation plans required by subdivision 1264(f)(3) of Title 10 for the stormwater impaired waters of the state.
Fourth: In Sec. 8, page 35, by relettering the current subsection (b) as subsection (c) and by inserting a new subsection to read:
(b) The sum of $250,000 from the funds appropriated to the agency of natural resources under section 10(b) of H.767 of 2004 shall be used for the completion and implementation of the total maximum daily loads (TMDLs) and water quality remediation plans required by subdivision 1264(f)(3) of T
itle 10 for the stormwater impaired waters of the state.
Fifth: By striking Sec. 8(c) in its entirety and inserting in lieu thereof the following:
(d) The secretary of natural resources shall allocate to the local community implementation fund $120,000 from the fiscal year 2005 appropriations for the agency of natural resources.
(Committee vote: 9-0-2)
Amendment to be offered by Rep. Hummel of Underhill to H. 785
Moves the bill be amended as follows:
First: In Sec. 1, page 12, line 2, 10 V.S.A. § 1264a(f)(1)(A), after “discharge standard set by rule” by striking “or statute”
Second: In Sec. 2, page 16, line 16, 10 V.S.A. 1264a(b)(1)(B), by inserting “where the property owner applies for a new permit” after “an expired stormwater discharge permit”
Third: In Sec. 2, page 18, line 1, 10 V.S.A. § 1264a(c)(1), by striking “that receives an offset permit under subsection (e) of this section”
Fourth: In Sec. 2, page 23, line 16, 10 V.S.A. § 1264a(e)(5)(D), by striking “(b)(1)(A)” and inserting in lieu thereof “(b)(1)(B)” and on page 24, line 14, after “An” by inserting “owner or operator of an” before “offset that receives funding”
Fifth: In Sec. 2, page 26, line 5, 10 V.S.A. § 1264a(g), by striking “April 30” and inserting “May 5”
Sixth: In Sec. 3, page 29, lines 9 to 11, 10 V.S.A. § 1264b(e), after “created by subdivision 4753(a)(8) of” by inserting “Title 24.” and by striking “this title. The secretary shall adopt a rule governing the management and disbursement of fund monies.”
Seventh: In Sec. 3, page 29, by striking 10 V.S.A. § 1264b(f) in its entirety and inserting in lieu thereof the following:
(f) A discharger that pays a stormwater impact fee to the
stormwater- impaired waters restoration fund under section 1264a of this title in order to receive a permit for the discharge of regulated stormwater runoff may receive reimbursement of that fee if the discharger fails to discharge under the stormwater discharge permit, if the discharger notifies the secretary of the abandonment of the discharge permit, and if the secretary determines that unobligated monies for reimbursement remain in the stormwater-impaired restoration fund.
Eighth: In Sec. 6, page 32, line 7, 27 V.S.A. § 613(b), after “marketability” by inserting “of title” before “shall be created by”
Ninth: In Sec. 6, page 33, line 9, 27 V.S.A. § 613(c), by striking “section 1264” and inserting in lieu thereof “sections 1264 and 1264a”
Tenth: In Sec. 6, page 33, line 18, 27 V.S.A. § 613(d)(1)(A), by striking “section 1264” and inserting in lieu thereof “sections 1264 and 1264a”
Eleventh: In Sec. 6, page 33, line 10, 27 V.S.A. § 613(d)(1), after “to an impaired watershed,” by inserting “after a contract for sale has been signed but” before “prior to closing” and on page 33, line 13, after “to the seller” by inserting “within 30 days of discovery” before “any of the following:”
Twelfth: In Sec. 6, page 33, line 19, 27 V.S.A. § 613(d)(1)(B), after “failed to” by inserting “renew or” and on line 20, after “conditions of any” by inserting “pretransition stormwater discharge permit or” before “stormwater discharge permit”
S. 227
An act relating to sex offender registration and community notification.
Rep. Flory of Pittsford, for the Committee on Judiciary, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 13 V.S.A. § 5401 is amended to read:
§ 5401. DEFINITIONS
As used in this subchapter:
* * *
(3) “Local law enforcement agency” means the municipal police
department or, if statutorily established college or university
police department. If the municipality, college, or university has
no police department, the law enforcement agency that serves the municipality,
college, or university.
* * *
(10) “Sex offender” means:
(A) A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:
* * *
Sec. 2. 13 V.S.A. § 5403 is amended to read:
§ 5403. REPORTING UPON CONVICTION
(a) Upon conviction and prior to sentencing, the court shall order the sex offender to provide the court with the following information, which the court shall forward to the department forthwith:
(1) name;
(2) date of birth;
(3) general physical description;
(4) current address;
(5) Social Security number;
(6) fingerprints;
(7) current
photograph; and
(8) current employment; and
(9) name and address of any postsecondary educational institution at which the sex offender is enrolled as a student.
(b) Within 10 days after sentencing, the court shall forward to the department the sex offender’s conviction record, including offense, date of conviction, sentence, and any conditions of release or probation.
Sec. 3. 13 V.S.A. § 5404 is amended to read:
§ 5404. REPORTING UPON RELEASE FROM CONFINEMENT OR SUPERVISION
(a) Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the department of corrections, or prior to releasing a sex offender from confinement or supervision, the department of corrections shall forward to the department the following information concerning the sex offender:
(1) an update of the
information listed in subsection (a) of section 5403 5403(a) of
this title;
(2) the address upon release;
(3) name, address, and telephone number of the local department of corrections office in charge of monitoring the sex offender; and
(4) documentation of any treatment or counseling received.
(b) The department of
corrections shall notify the department within 24 hours of the time a sex
offender changes his or her address and
or place of employment, or enrolls in or separates from any postsecondary
educational institution. In addition, the department of corrections shall provide the department with any updated information requested by the
department.
(c) The information required to be provided by subsection (a) of this section shall also be provided by the department of corrections to a sex offender’s parole or probation officer within three days of the time a sex offender is placed on probation or parole by the court or parole board.
(d) If it has not been previously submitted, upon receipt of the information to be provided to the department pursuant to subsection (a) of this section, the department shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.
Sec. 4. 13 V.S.A. § 5407 is amended to read:
§ 5407. SEX OFFENDER’S DUTY TO REPORT
(a) A sex offender shall report to the department as follows:
(1) if convicted of a
registry offense in another state, within 10 days after either establishing
residence in this state or crossing into this state for purposes of employment,
carrying on a vocation, or being a student, the sex offender shall provide the
information listed in subsection (a) of section 5403 5403(a) of
this title;
(2) annually within 10 days
after each anniversary of the person’s date of release the
registrant’s birthday, or within 10 days after the anniversary of the
person’s date of establishment of residence in Vermont, or crossing into this
state for purposes of employment, carrying on a vocation, or being a student,
if convicted elsewhere, except, if a person is determined to be a sexually
violent predator, that person shall report to the department every 90 days; and
(3) within three days after any change of address;
(4) within three days after the registrant enrolls in or separates from any postsecondary educational institution; and
(5) within three days after any change in place of employment.
* * *
(h) A registrant who has no permanent address shall report to the department to notify it as to his or her temporary residence. Temporary residence, for purposes of this section, need not include an actual dwelling or numbered street address, but shall identify a specific location. A registrant shall not be required to check in daily if he or she makes acceptable other arrangements with the department to keep his or her information current.
Sec. 5. 13 V.S.A. § 5411 is amended to read:
§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT AND LOCAL COMMUNITY
(a) Upon receiving a sex offender’s registration materials from the department of corrections, notification that a nonresident sex offender has crossed into Vermont for the purpose of employment, carrying on a vocation, or being a student, or a sex offender’s release or change of address, including changes of address which involve taking up residence in this state, the department shall immediately notify the local law enforcement agency of the following information, which may be used only for lawful law enforcement activities:
(1) name;
(2) general physical description;
(3) nature of offense;
(4) sentence;
(5) the fact that the
registry has on file additional information, including the sex offender’s
photograph and fingerprints; and
(6) current employment;
(7) name and address of any postsecondary educational institution at which the sex offender is enrolled as a student; and
(8) documentation of any treatment or counseling recommended by the department of corrections, treatment received, and whether it was completed.
(b)(1) Except as provided
for in subsection subsections (c) and (e) of this section,
the department of public safety, the department of corrections, and any
local law enforcement agency authorized by the department of public safety,
shall release relevant registry information necessary to protect the
public concerning persons required to register under state law if the
requestor can articulate a specific concern about the behavior of a
specific person regarding the requestor’s personal safety or the safety of
the requestor’s family another, or the requestor has reason to
believe that a specific person may be a registered sex offender and can
articulate a concern regarding the requestor’s personal safety or the safety of
another. However, the identity of a victim of an offense shall not be
released.
(2) The department of public safety, the department of corrections, and any local law enforcement agency authorized by the department of public safety shall release the following registry information if the requestor meets the requirements in subdivision (1) of this subsection:
(A) a general physical description of the offender;
(B) date of birth;
(C) the date and nature of the offense;
(D) whether the offender completed treatment recommended by the department of corrections; and
(E) whether there is an outstanding warrant for the offender’s arrest.
(c)(1) Except as provided for in subsection (e) of this section, upon request of a member of the public about a specific person, the department of public safety, the department of corrections, and any local law enforcement agency authorized by the department of public safety shall release registry information on the following registrants:
(A) Sex offenders who have been convicted of section 3253 of this title (aggravated sexual assault), subdivision 2405(a)(1)(D) of this title if a registrable offense (kidnapping and sexual assault of a child), or 33 V.S.A. § 6913(d) (sexual activity with a vulnerable adult).
(B) Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction.
(C) Sex offenders who have failed to comply with sex offender registration requirements, and there is an outstanding warrant for their arrest.
(D) Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.
(E) Sex offenders who have been designated by the department of corrections, pursuant to section 5411b of this title, as high risk.
(2) The department of public safety, the department of corrections, and any local law enforcement agency authorized by the department of public safety, shall release the following registry information to a requestor in accordance with subdivision (1) of this subsection:
(A) the offender’s known aliases;
(B) the offender’s date of birth;
(C) a general physical description of the offender;
(D) the offender’s town of residence;
(E) the date and nature of the offender’s conviction;
(F) if the offender is under the supervision of the department of corrections, the name and telephone number of the local department of corrections office in charge of monitoring the offender;
(G) whether the offender completed treatment recommended by the department of corrections;
(H) whether there is an outstanding warrant for the offender’s arrest; and
(I) the reason for which the offender information is accessible under subdivision (1) of this subsection.
(d) The department of public safety, the department of corrections, and any local law enforcement agency authorized by the department of public safety to release registry information shall keep a log of requests for registry information and develop a procedure for verification of the requestor’s identity. Such log shall include the requestor’s name, address, telephone number, the name of the person for whom the request was made, the reason for the request, and the date of the request. Information about requestors shall be confidential and shall only be accessible to criminal justice agencies.
(e) After 10 years have elapsed
from the completion of the sentence, a person required to register as a sex
offender for life pursuant to section 5407 of this title may petition the
district court for a termination of notification. The state shall make a
reasonable attempt to notify the victim of the proceeding, and consider victim
testimony regarding the petition. If the registrant was convicted of a crime
which requires lifetime registration, there shall be a rebuttable presumption
that the person is a high-risk sex offender. Should the registrant present
evidence that he or she is not a high-risk offender, the state shall have the
burden of proof to establish by a preponderance of the evidence that the person
remains a high risk to reoffend. The court shall consider whether the offender
has successfully completed sex offender treatment. The court may require the
offender to submit to a psychosexual evaluation. If the court finds that there
is a high risk of reoffense, notification shall continue. The Vermont District
Court Civil Rules of Civil Procedure shall apply to these
proceedings. A registrant may petition the court to be removed from the
registry once every 60 months. The presumption under this section that a
lifetime registrant is a high-risk offender shall not automatically subject the
offender to increased
public access to his or her status as a sex offender and related information
under subdivision (c)(1)(E) of this section or section 5411a of this title.
Sec. 6. 13 V.S.A. § 5411a is added to read:
§ 5411a. ELECTRONIC POSTING OF THE SEX OFFENDER REGISTRY
(a) Notwithstanding sections 2056a-2056e of Title 20, the department of public safety shall electronically post information on the internet in accordance with subsection (b) of this section regarding the following sex offenders, upon their release from confinement:
(1) Sex offenders who have been designated by the department of corrections, pursuant to section 5411b of this title, as high risk.
(2) Sex offenders who have failed to comply with sex offender registration requirements and for whom there is an outstanding warrant for their arrest. Information on offenders shall remain on the internet only while the warrant is outstanding.
(3) Sex offenders who have been convicted under section 3253 of this title (aggravated sexual assault) or subdivision 2405(a)(1)(D) of this title if a registrable offense (kidnapping and sexual assault of a child).
(4) Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.
(b) The department shall electronically post the following information on sex offenders designated in subsection (a) of this section:
(1) the offender’s name and any known aliases;
(2) the offender’s date of birth;
(3) a general physical description of the offender;
(4) the most recent digital photograph of the offender;
(5) the offender’s town of residence;
(6) the date and nature of the offender’s conviction;
(7) if the offender is under the supervision of the department of corrections, the name and telephone number of the local department of corrections office in charge of monitoring the sex offender;
(8) whether the offender completed treatment recommended by the department of corrections; and
(9) a statement that there is an outstanding warrant for the offender’s arrest, if applicable.
(c) The department of public safety shall have the authority to take necessary steps to obtain digital photographs of offenders whose information is required to be posted on the internet and to update photographs as necessary. An offender who is requested by the department of public safety to report to the department or a local law enforcement agency for the purpose of being photographed for the internet shall comply with the request within 30 days.
(d) An offender’s street address shall not be posted electronically. The identity of a victim of an offense that requires registration shall not be released.
(e) Information regarding a sex offender shall not be posted electronically if the conduct that is the basis for the offense is criminal only because of the age of the victim and the perpetrator is within 38 months of age of the victim.
(f) Information on sex offenders shall be posted on the internet for the duration of time for which they are subject to notification requirements under section 5401 et seq. of this title.
(g) Posting of the information shall include the following language: “This information is made available for the purpose of complying with 13 V.S.A. § 5401 et seq., which requires the Department of Public Safety to establish and maintain a registry of persons who are required to register as sex offenders and to post electronically information on sex offenders. The main purpose of providing this data on the internet is to make information more easily available and accessible. Information is available on this website only on the following sex offenders: sex offenders who have been designated by the department of corrections as high risk; sex offenders who have failed to comply with sex offender registration requirements and for whom there is an outstanding warrant for their arrest; sex offenders who have been convicted of aggravated sexual assault or kidnapping and sexual assault of a child; and sex offenders who have been designated as sexual predators. If you have questions or concerns about a person who is not listed on this site or you have questions about sex offender information listed on this site, please contact the Department of Public Safety or your local law enforcement agency. Please be aware that many nonoffenders share a name with a registered sex offender. Any person who uses information in this registry to injure, harass, or commit a criminal offense against any person included in the registry or any other person is subject to criminal prosecution.”
(h) The department of public safety shall post electronically general information about the sex offender registry and how the public may access registry information. Electronically posted information regarding sex offenders listed in subdivisions (a)(1) and (2) of this section shall be organized and available to search by the sex offender’s name and the sex offender’s county of residence. Electronically posted information regarding sex offenders listed in subdivisions (a)(3) and (4) of this section shall be organized and available to search by the sex offender’s name.
(i) Any member of the public who seeks to access information on specific sex offenders on the sex offender website shall register on the website. Registration information about site users shall not be public. The website shall require the person’s name and address and shall require the person to acknowledge that he or she has read the following disclaimer: “THE IDENTIFYING INFORMATION REGARDING A REGISTERED USER OF THIS SITE IS MAINTAINED PURSUANT TO LAW AND IS CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE. THE INFORMATION IS COLLECTED TO IDENTIFY A PATTERN OR PRACTICE OF MISUSE OF SEX OFFENDER REGISTRATION INFORMATION SUCH AS THE COMMISSION OF A CRIME AGAINST A REGISTERED SEX OFFENDER OR ANY ATTEMPT TO FALSELY PORTRAY AN INDIVIDUAL AS A SEX OFFENDER. USING AND SHARING SEX OFFENDER INFORMATION RESPONSIBLY TO ENSURE THE SAFETY OF YOURSELF, YOUR FAMILY, AND YOUR COMMUNITY IS NOT A PATTERN OR PRACTICE OF MISUSE.”
Sec. 7. 13 V.S.A. § 5411b is added to read:
§ 5411b. DESIGNATION OF HIGH‑RISK SEX OFFENDER
(a) The department of corrections may evaluate a sex offender for the purpose of determining whether the offender is “high-risk” as defined in section 5401 of this title. The designation of high‑risk under this section is for the purpose of identifying an offender as one who should be subject to increased public access to his or her status as a sex offender and related information, including internet access.
(b) After notice and an opportunity to be heard, a sex offender who is designated as high‑risk shall have the right to appeal de novo to the superior court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.
(c) The department of corrections shall establish rules for the administration of this section prior to implementation of this section.
Sec. 8. 13 V.S.A. § 5412 is amended to read:
§ 5412. IMMUNITY
(a) The department of public safety, the department of corrections, any local law enforcement agency authorized by the department of public safety, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter.
(b) Nothing in this subchapter shall be construed to prevent the department of public safety, the department of
corrections, and any local law
enforcement officers agency authorized by
the department of public safety from notifying members of the public
exposed to danger of any persons that pose who are likely to
encounter a sex offender who poses a danger under circumstances that are
not enumerated in this subchapter.
(c) Notification of the community beyond those persons likely to encounter a sex offender shall be authorized only under circumstances which constitute a compelling risk to public safety and only after consultation with the Vermont crime information center and the department of corrections.
Sec. 9. 20 V.S.A. § 2056c is amended to read:
§ 2056c. DISSEMINATION OF CRIMINAL HISTORY RECORDS TO
EMPLOYERS
(a) As used in this section:
(1) “Applicant” means an individual seeking or being sought for employment or a volunteer position with an employer or an individual seeking admission to a course of instruction offered by the Vermont criminal justice training council.
(2) “Criminal record” means the record of convictions in Vermont and convictions in other jurisdictions. A conviction for which 10 or more years has elapsed since the date the subject was released from supervision for such conviction shall not be reported to an employer.
(3)
“Employer” means any individual, organization, or governmental body, including
partnership, association, trustee, estate, corporation, joint stock company,
insurance company, or legal representative, whether domestic or foreign, or the
receiver, trustee in bankruptcy, trustee or successor thereof, and any common
carrier by mail, motor, water, air or express company doing business in or
operating within this state, which has one or more individuals performing
services for it within this state; and
(A) the
employer is a qualified entity that provides care or services to vulnerable
classes as provided in 42 U.S.C. §§ 5119a and 5119c; or
(B) the
employer is a postsecondary school with student residential facilities.
(4) “The center” means the Vermont crime information center.
(5)
“Vulnerable classes” means children, the elderly, and persons with disabilities
as defined in 42 U.S.C. § 5119c.
(b) An employer may obtain from the center a Vermont criminal record and an out-of-state criminal record for any applicant who has given written authorization on a release form provided by the center, provided that the employer has filed a user’s agreement with the center. The user’s agreement shall require the employer to comply with all statutes, rules and policies regulating the release of criminal records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the employer.
(c) The employer may obtain the criminal record only after the applicant has been given an offer of employment conditioned on the record check or after a volunteer has been offered a position conditioned on the record check.
(d) Postsecondary school employers may obtain
criminal records only for applicants who apply for employment or volunteer
positions that provide access to student residential facilities. Employers
shall complete a criminal history training program conducted by the center
prior to authorization to obtain criminal history records from the center. The
training program shall address the following topics:
(1) An overview of the employment screening process;
(2) Recommended employment screening policies;
(3) Requirements of the user agreement;
(4) How to obtain criminal history records from the center;
(5) How to interpret criminal history records;
(6) How to obtain source documents summarized in the criminal history records; and
(7) Misuse of criminal history records.
(e) The release form shall contain the applicant’s name, signature, date of birth, place of birth and the signature as attested to by a notary public. The release form shall state that the applicant has the right to appeal the findings to the center, pursuant to rules adopted by the commissioner of public safety.
(f) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.
(g) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation.
(h) The center shall provide notice of the penalty for unauthorized disclosure on a form accompanying any report of a criminal record to an employer. The notice shall include, in boldface print, the following statements:
THE REQUESTOR AGREES TO USE CRIMINAL RECORD INFORMATION RECEIVED FROM THE VERMONT CRIME INFORMATION CENTER FOR THE PURPOSES INTENDED BY LAW. THE REQUESTOR AGREES NOT TO DISCLOSE THE CONTENTS OF ANY CRIMINAL RECORD INFORMATION WITHOUT THE APPLICANT’S PERMISSION TO ANY PERSON OTHER THAN THE APPLICANT AND PROPERLY DESIGNATED EMPLOYEES WHO HAVE A DOCUMENTED NEED TO KNOW THE CONTENTS OF THE RECORD. A VIOLATION MAY RESULT IN A FINE OF UP TO $5,000.00. EACH UNAUTHORIZED DISCLOSURE SHALL CONSTITUTE A SEPARATE CIVIL VIOLATION.
(i) Nothing in this section shall create a statutory duty for an employer to perform a criminal record check on every job applicant hired by the employer. An employer’s failure to obtain a criminal record on an employee who subsequently commits a criminal offense shall not be the sole factor in determining civil or criminal liability unless otherwise authorized by law.
(j) An employer shall not require an applicant to personally obtain or submit a copy of his or her criminal record for purposes of employment.
Sec. 10. 20 V.S.A. § 2056f is added to read:
§ 2056f. DISSEMINATION OF CRIMINAL HISTORY RECORDS TO AN
INDIVIDUAL
A person may obtain his or her criminal history record, as defined in sections 2056a and 2056c of this title, from the Vermont crime information center.
Sec. 11. 20 V.S.A. § 2063 is amended to read:
§ 2063. CRIMINAL HISTORY RECORD FEES; CRIMINAL HISTORY
RECORD CHECK FUND
(a) Except as otherwise provided for in this section, the cost of each criminal history check based on name and date of birth shall be $10.00. Out‑of‑state criminal history record checks shall include any additional fees charged by the state from which the record is requested.
(b) Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by state or federal law shall be exempt from all record check fees. The following types of requests shall be exempt from the Vermont criminal record check fee:
(1) Requests made by governmental agencies or entities regulated by
governmental agencies in accordance with local, state or federal law or
regulation which requires a criminal record check for employment or licensing
any individual, organization, or governmental body doing business in Vermont
which has one or more individuals performing services for it within this state
and which is a qualified entity that provides care or services to children, the
elderly, or persons with disabilities as defined in 42 U.S.C. § 5119c.
(2) Requests made by researchers approved by the center to conduct research related to the administration of criminal justice. A fee, however, may be charged by the center which shall reflect the cost of generating the requested information.
(3) Requests made by individuals to review their own record at the Vermont criminal information center; however, copies of the individual’s record are not exempt from the record check fee.
(c) The criminal history record check fund is established and shall be
managed by the commissioner of public safety in accordance with the provisions
of Title 32, chapter 7, subchapter 5 of chapter 7 of Title 32.
All fees paid under this section shall be placed in the fund and used for
personnel and equipment related to the processing, maintenance and
dissemination of criminal history records. The commissioner of finance and
management may draw warrants for disbursements from this fund in anticipation
of receipts.
(d) The department of public safety shall have the authority, with the approval of the secretary of administration, to establish limited service positions as are necessary to provide criminal record checks in a timely manner, provided that there are sufficient funds in the criminal history record check fund to pay for the costs of these positions.
Sec. 12. 13 V.S.A. § 5233 is amended to read:
§ 5233. EXTENT OF SERVICES
(a) A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled:
(1) To be
counseled and defended at all stages of the matter beginning with the earliest
time when a person providing his the person’s own counsel would
be entitled to be represented by an attorney and including revocation of
probation or parole;
(2) To be represented in any appeal; and
(3) To be
represented in any other post-conviction postconviction
proceeding that which may have more than a minimal effect on the
length or conditions of detention where the attorney or the needy person
considers appropriate the claims, defenses, and other legal
contentions to be warranted by existing law or by a nonfrivolous argument for
the extension, modification, or reversal of existing law or the establishment
of new law.
(b) A needy person’s right to a benefit under this section is not
affected by his having provided a similar benefit at his the
person’s own expense, or by his having waived it, at an earlier
stage.
Sec. 13. 13 V.S.A. § 2824 is amended to read:
§ 2824. PROMOTING A RECORDING OF SEXUAL CONDUCT
* * *
(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:
* * *
(2) that the defendant
was a bona fide school, museum, or public library, or was a person
acting in the course of his employment as an employee or official of such an
organization or of a retail outlet affiliated with and serving the educational
or intended purpose of that school, museum or library and the possession
was in furtherance of the mission of the school, museum, or library or was a
person acting in the course of employment as an employee or official of such an
organization or of a retail outlet affiliated with and serving the educational
or intended purpose of that school, museum, or library.
* * *
Sec. 14. 13 V.S.A. § 2827 is amended to read:
§ 2827. POSSESSION OF CHILD PORNOGRAPHY
* * *
(b) This section does not apply:
* * *
(2) if the person was a
bona fide school, museum or public library, and the possession was in
furtherance of the mission of the school, museum, or library or was a
person acting in the course of employment as an employee or official of such an
organization or of a retail outlet affiliated with and serving the educational
or intended purpose of that school, museum, or library;
* * *
Sec. 15. 3 V.S.A. § 163 is amended to read:
§ 163. JUVENILE COURT DIVERSION PROJECT
* * *
(e) The
requirements of subdivisions (c)(1), (2), (3), and (4) of this section shall
not apply to mandatory conditions imposed by the diversion board, following an
adjudication of a civil violation pursuant to section 656 of Title 7.
Subdivision (c)(5) of this section shall not restrict the diversion board from
notifying the commissioner of motor vehicles that a person has failed to timely
complete imposed conditions. The diversion board may disclose all relevant
information about a person in an administrative or judicial proceeding related
to whether a suspension is proper. After notice to all parties of
record, the court shall order the sealing of all court files and records, law
enforcement records other than entries in the juvenile court diversion
project’s centralized filing system, fingerprints, and photographs applicable
to a juvenile court diversion proceeding if:
(1) two years have elapsed since the successful completion of the juvenile court diversion program by the participant and the dismissal of the case by the state’s attorney; and
(2) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction.
(f) Upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this section shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
(g) Inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the participant who is the subject of such records, and only to those persons named therein.
(h) Subject to the approval of the attorney general, the Vermont association of court diversion programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
Sec. 16. 3 V.S.A. § 164 is amended to read:
§ 164. ADULT COURT DIVERSION PROJECT
* * *
(e) On
application of a participant in an adult diversion program or on the court’s
own motion, and after After notice to all parties of record and
hearing, the court shall order the sealing of all court files and
records, law enforcement records other than entries in the adult court
diversion project’s centralized filing system, fingerprints, and
photographs applicable to the proceeding if it finds:
(1) two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the state’s attorney; and
(2) the
participant has not been convicted of a subsequent felony or misdemeanor after
the initial charge of the participant and prior to the above hearing during
the two-year period, and no proceedings are pending seeking such conviction;
and
(3)
rehabilitation of the participant has been attained to the satisfaction of the
court.
(f) Notice
of hearing held under this section shall in any event be given to
(1) the
state’s attorney having jurisdiction;
(2) the
law enforcement officers or department having custody of the files and records;
and
(3) the
participant.
(g) Upon the entry of an
order sealing such files and records under this section, the proceedings in the
matter under this section shall be considered never to have occurred, all index
references thereto shall be deleted, and the participant, the court, and law
enforcement officers and departments shall reply to any request for information
that no record exists with respect to such participant inquiry in any matter.
Copies of the order shall be sent to each agency or official named therein.
(h)(g) Inspection of the
files and records included in the order may thereafter be permitted by the
court only upon petition by the participant who is the subject of such records,
and only to those persons named therein.
(i) The
requirements of subdivisions (c)(1), (2), (3), and (4) of this section shall
not apply to mandatory conditions imposed by the diversion board following an
adjudication of a civil violation pursuant to section 656 of Title 7.
Subdivision (c)(5) of this section shall not restrict the diversion board from
notifying the commissioner of motor vehicles that a person has failed to timely
complete imposed conditions. The diversion board may disclose all relevant
information about a person in an administrative or judicial proceeding related
to whether a suspension is proper.
(j)(h) Subject to the
approval of the attorney general, the Vermont association of court diversion programs may
develop and administer programs to assist persons under this section charged
with delinquent, criminal, and civil offenses.
Sec. 17. STUDY
(a) A sex offender supervision and community notification study committee is established for the purpose of making findings and recommendations to the general assembly on the following:
(1) Whether posting information on registered sex offenders on the internet is a valuable and effective public safety tool. If information is posted, which offenders should be subject to the posting and what information should be available via the internet. Other issues to consider include whether internet posting increases risk to the victims of sex offenders and unintentionally publicly reveals their victimization; the effect of internet posting on an offender’s reentry into a community and the risk for reoffense; and the effect of internet posting on persons who are not offenders, but share the same name as a listed sex offender.
(2) Issues regarding registered sex offenders who completed their maximum sentence for their sexual offense and are not under the supervision of the department of corrections after release from incarceration, including civil commitment, electronic monitoring bracelets, and alternative methods.
(3) Whether Vermont should employ the use of electronic monitoring bracelets, and if so, in what circumstances. The committee shall consider at a minimum the use of bracelets for registered sex offenders who are in the community and as an option to pretrial detention for any offender.
(4) Whether criminal records should be maintained at the Vermont crime information center if they are not fingerprint-supported.
(5) A review of the differences and similarities between juvenile sex offenders and adult sex offenders for the purpose of identifying appropriate responses to treatment, incarceration, and supervision of juvenile sex offenders.
(b) The committee shall consist of the following members:
(1) two members of the house of representatives, from different political parties, appointed by the speaker of the house;
(2) two members of the senate, from different political parties, appointed by the committee on committees;
(3) the commissioner of the department of corrections or the director of the department of corrections’ sex offender treatment program;
(4) the commissioner of the department of developmental and mental health services or his or her designee;
(5) the defender general or his or her designee;
(6) the executive director of the Vermont American civil liberties union, or his or her designee;
(7) two members at large appointed by the governor; and
(8) the executive director of Vermont legal aid or his or her designee.
(c) In its deliberations, the committee shall consult with the department of public safety, the governor’s commission on prison overcrowding, Vermont protection and advocacy, the department of state’s attorneys, the office of the juvenile defender, and the center for crime victim services.
(d) The committee shall have the assistance and cooperation of all state and local agencies and departments. The legislative council and the joint fiscal office shall provide professional and administrative support for the committee.
(e) Legislative members of the committee shall be entitled to per diem compensation and reimbursement for expenses in accordance with 2 V.S.A. § 406. The at-large members appointed by the governor shall be entitled to per diem compensation and reimbursement for expenses in the same manner as legislative members, provided they are not state employees.
(f) The committee shall meet no more than five times.
(g) The committee findings and recommendations, including proposals for legislative action, shall be presented to the general assembly no later than January 15, 2005.
Sec. 18. VERMONT CRIME INFORMATION CENTER
The director of the Vermont crime information center shall maintain criminal records pursuant to chapter 117 of Title 20 regardless of whether the record is fingerprint-supported. Any “no print, no record” rule or policy of the center shall be void.
Sec. 19. DISSEMINATION OF ELECTRONIC CASE RECORDS
The judiciary shall not permit public access via the internet to criminal case records prior to June 1, 2005. The court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, internet access to criminal case records for criminal justice purposes, as defined in 20 V.S.A. § 2056a.
Sec. 20. APPROPRIATION
(a) The amount of $25,000.00 in general funds one-time money is appropriated to the department of public safety for the purpose of establishing and conducting, in cooperation with the department of corrections, a comprehensive training program to inform and instruct law enforcement and corrections personnel on the operation of the sex offender registry and the administration of this act.
(b) The amount of $10,000.00 in general funds one-time money is appropriated to the Vermont center for crime victim services for the purpose of establishing and conducting, in collaboration with the Vermont network against domestic violence and sexual assault and other appropriate agencies, a comprehensive plan for public education regarding sexual violence in Vermont. Such training shall be offered at the local level throughout Vermont and shall be focused on providing information to community members, municipal leaders, law enforcement personnel, health care providers, early education providers, school personnel and educators, and others. Information presented shall include the dynamics of sexual violence; its impact on victims and the community; sex offender typologies, treatment, and community supervision; and sexual violence prevention.
(c) The amount of $28,320.00 in general funds is appropriated to the department of public safety in fiscal year 2005 for the purpose of maintaining the sex offender registry.
(d) The amount of $4,000.00 is appropriated to the office of the defender general for the purpose of representing sex offenders in an appeal of a department of corrections risk assessment under 13 V.S.A. § 5411b.
(e) The amount of $6,000.00 is appropriated to the department of corrections for the purpose of conducting risk assessments of sex offenders and for defending such assessments on appeal under 13 V.S.A. § 5411b.
(f) The amount of $50,000.00 in general funds one-time money is appropriated to the department of public safety for the purpose of establishing an on-line sex offender registry information webpage in accordance with this act.
Sec. 21. EFFECTIVE DATE
(a) Secs. 12, 17, 18, 19, and 20 of this act shall take effect upon passage.
(b) Sec. 6 of this act shall take effect March 1, 2005.
(Committee vote: 10-1-0)
Rep. Perry of Richford, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Judiciary and when further amended as follows:
First: In Sec. 13, in subdivision (b)(2), by striking the word “public”
Second: By striking Sec. 20 in its entirety and inserting in lieu thereof the following:
Sec. 20. TRAINING
(a) The department of public safety shall establish and conduct, in cooperation with the department of corrections, a comprehensive training program to inform and instruct law enforcement and corrections personnel on the operation of the sex offender registry and the administration of this act.
(b) The Vermont center for crime victim services shall establish and conduct, in collaboration with the Vermont network against domestic violence and sexual assault and other appropriate agencies, a comprehensive plan for public education regarding sexual violence in Vermont. Such training shall be offered at the local level throughout Vermont and shall be focused on providing information to community members, municipal leaders, law enforcement personnel, health care providers, early education providers, school personnel and educators, and others. Information presented shall include the dynamics of sexual violence; its impact on victims and the community; sex offender typologies, treatment, and community supervision; and sexual violence prevention.
Third: By adding a Sec. 20a to read as follows:
Sec. 20a. APPROPRIATION
(a) The amount of $5,000.00 in general funds is appropriated to the department of public safety in fiscal year 2005 for the purpose of maintaining the sex offender registry.
(b) The amount of $3,000.00 in general funds is appropriated to the office of the defender general in fiscal year 2005 for the purpose of representing sex offenders in an appeal of a department of corrections risk assessment under 13 V.S.A. § 5411b.
(c) The amount of $3,000.00 in general funds is appropriated to the department of corrections in fiscal year 2005 for the purpose of conducting risk assessments of sex offenders and for defending such assessments on appeal under 13 V.S.A. § 5411b.
(d) The amount of $46,000.00 in general funds one-time money is appropriated to the department of public safety for the purpose of establishing an on-line sex offender registry information webpage in accordance with this act.
Fourth: In Sec. 21(a), by striking “and 20” and inserting in lieu thereof “20, and 20a”
(Committee vote: 9-0-2)
S. 288
An act relating to state programs and policies on prescription drugs.
Rep. Donahue of Northfield, for the Committee on Health and welfare, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
* * * Prescription Drug Price Disclosure * * *
Sec. 1. 33 V.S.A. § 2008 is added to read:
§ 2008. PRESCRIPTION DRUG PRICE DISCLOSURE
(a) Annually in the month of September, the secretary of human services in consultation with the board of pharmacy shall prepare a list of at least the 50 most commonly prescribed prescription drugs, including their standard dosage and course of therapy and the name of each drug’s manufacturer, and distribute the list electronically in a common format to each pharmacy in the state. Next to each drug listed, the pharmacy shall indicate clearly and legibly the usual and customary retail price for that prescription, and shall post the list conspicuously. The pharmacy may change the usual and customary retail price and the posting of such price at any time. At a minimum, however, the pharmacy shall update the list of prescription drug prices every 60 days. A copy of each updated list shall be filed electronically with the department of banking, insurance, securities, and health care administration to be made available to the general public through the health care information system maintained under section 9410 of Title 18.
(b) Upon request, a pharmacy shall disclose to any consumer or health care provider the usual and customary retail price of a prescription drug.
(c) With each prescription dispensed, a pharmacy shall disclose to the consumer, in writing, the price of the prescription and any payment toward the price required of the consumer.
(d) For purposes of this section:
(1) “Price of the prescription” means the amount charged by the pharmacy to the consumer or, if applicable, to the consumer’s health benefit plan.
(2) “Usual and customary retail price” means the total price charged to a consumer who does not have prescription drug coverage under a health benefit plan.
(e) In addition to any other remedy provided by law, the attorney general may file an action in superior court for a violation of this section. In any such action, the attorney general shall have the same authority to investigate and to obtain remedies as if the action were brought under the consumer fraud act, chapter 63 of Title 9. Each violation of this section constitutes a separate civil violation for which the attorney general may obtain relief.
* * * Pharmaceutical Marketers * * *
Sec. 2. 33 V.S.A. § 2005 is amended to read:
§ 2005. PHARMACEUTICAL MARKETERS
(a)(1)
Annually on or before January 1 of each year, every pharmaceutical
manufacturing company shall disclose to the Vermont board of pharmacy office of the
attorney general the value, nature, and purpose of any gift,
fee, payment, subsidy, or other economic benefit provided in connection
with detailing, promotional, or other marketing activities by the
company, directly or through its pharmaceutical marketers, to any physician,
hospital, nursing home, pharmacist, health benefit plan administrator,
or any other person in Vermont authorized to prescribe, dispense, or purchase
prescription drugs in this state. Disclosure shall include the name of the
recipient. Disclosure shall be made on a form and in a manner prescribed
by the board office of the
attorney general and shall require pharmaceutical manufacturing companies to
report the value, nature, and purpose of all gift expenditures according to
specific categories.
Initial
disclosure shall be made on or before January 1, 2004 for the 12-month period
ending June
30, 2003.
The board shall provide to the office of the attorney general complete access
to the information required to be disclosed under this subsection. The office of the
attorney general shall report annually on the disclosures made under this
section to the general assembly and the governor on or before March 1.
(2) Each Annually in the
month of October, each company subject to the provisions of this section also
shall also disclose to the board, on or before October 1, 2002 and annually thereafter office of the
attorney general,
the name and address of the individual responsible for the company’s compliance
with the provisions of this section.
(3) The Vermont board of
pharmacy and the
office of the attorney general shall keep confidential all trade secret
information, as defined by subdivision 317(b)(9) of Title 1. The disclosure
form prescribed
by the board
shall permit the company to identify any information that is a trade secret.
(4) The following shall be exempt from disclosure:
(A) free samples of prescription drugs intended to be distributed to patients;
(B) the
payment of reasonable compensation and reimbursement of expenses in connection
with bona fide clinical trials. As used in this subdivision, “clinical trial”
means an approved clinical trial conducted in connection with a research study
designed to answer specific questions about vaccines, new therapies or new ways
of using known treatments;
(C) any
gift, fee, payment, subsidy or other economic benefit the value of which is
less than $25.00; and
(D) scholarship or other support for medical students, residents and fellows to attend a significant educational, scientific, or policy-making conference of a national, regional, or specialty medical or other professional association if the recipient of the scholarship or other support is selected by the association;
(E) unrestricted grants for continuing medical education programs; and
(F) prescription drug rebates and discounts.
* * *
(c) As used in this section:
(1) “Approved clinical trial” means a clinical trial that has been approved by the U.S. Food and Drug Administration (FDA) or has been approved by a duly constituted Institutional Review Board (IRB) after reviewing and evaluating it in accordance with the human subject protection standards set forth at 21 C.F.R. Part 50, 45 C.F.R. Part 46, or an equivalent set of standards of another federal agency.
(2) “Bona fide clinical trial” means an approved clinical trial that constitutes “research” as that term is defined in 45 C.F.R. § 46.102 when the results of the research can be published freely by the investigator and reasonably can be considered to be of interest to scientists or medical practitioners working in the particular field of inquiry.
(3) “Clinical trial” means any study assessing the safety or efficacy of drugs administered alone or in combination with other drugs or other therapies, or assessing the relative safety or efficacy of drugs in comparison with other drugs or other therapies.
(4) "Pharmaceutical marketer" means a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in pharmaceutical detailing, promotional activities, or other marketing of prescription drugs in this state to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe, dispense, or purchase prescription drugs. The term does not include a wholesale drug distributor or the distributor's representative who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug.
(2)(5) "Pharmaceutical
manufacturing company" means any entity which is engaged in the
production, preparation, propagation, compounding, conversion, or processing of
prescription drugs, either directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, or any entity engaged in the
packaging, repackaging, labeling, relabeling, or distribution of prescription
drugs. The term does not include a wholesale drug distributor or pharmacist
licensed under chapter 36 of Title 26.
(6) “Unrestricted grant” means any gift, payment, subsidy, or other economic benefit to an educational institution, professional association, health care facility, or governmental entity which does not impose any restrictions on the use of the grant, such as favorable treatment of a certain product or an ability of the marketer to control or influence the planning, content, or execution of the education activity.
Sec. 3. 33 V.S.A. § 2005a is added to read:
§ 2005a. PHARMACEUTICAL MARKETER PRICE DISCLOSURE
(a) When a pharmaceutical marketer engages in any form of prescription drug marketing directly to a physician or other person authorized to prescribe prescription drugs, the marketer shall disclose to the physician or other prescriber the average wholesale price (AWP) of the drugs being marketed. Disclosure shall include the AWP per pill and the price relationship between the drug being marketed and other drugs within the same therapeutic class.
(b) The disclosures required under this section shall be on a form and in a manner prescribed by the office of the attorney general. The attorney general may adopt rules to implement the provisions of this section.
(c) In addition to any other remedy provided by law, the attorney general after consultation with the commissioner of banking, insurance, securities, and health care administration may file an action in superior court for a violation of this section or of rules adopted under this section. In any such action, the attorney general shall have the same authority to investigate and to obtain remedies as if the action were brought under the consumer fraud act, chapter 63 of Title 9. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the attorney general may obtain relief.
(c) As used in this section:
(1) “Average wholesale price” or “AWP” means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and listed in a nationally recognized drug pricing file.
(2) “Pharmaceutical manufacturing company” is defined by subdivision 2005(c)(2) of this title.
(3) “Pharmaceutical marketer” is defined by subdivision 2005(c)(1) of this title.
* * * PBM Regulation * * *
Sec. 4. 18 V.S.A. § 9414(i) is added to read:
(i)(1) The commissioner shall adopt by rule standards and procedures applicable to health insurers and managed care organizations relating to the administration of prescription drug benefits. Such rules shall include standards and procedures relating to:
(A) the disclosure to insureds, plan members, and prescribers of prescription drug price information, including the cost to the consumer, the estimated reimbursement to be paid by the health insurance plan to the pharmacy, the comparative cost of drugs within the same therapeutic class, and any other relevant information;
(B) the prompt, fair, and equitable coverage of prescription drug claims in accordance with the terms and conditions of the health insurance plan, including standards and procedures relating to the substitution or therapeutic interchange of prescription drugs, quality assurance in the administration of prescription drug benefits, including the coverage of medically necessary prescription drugs not on the formulary or preferred drug list, and standards of conduct governing unfair and deceptive practices;
(C) the registration of pharmacy benefit managers doing business in this state on a form and in a manner prescribed by the commissioner;
(D) pharmacy benefit management contract terms and conditions that allow the health insurer or managed care organization to conduct a complete and independent audit to verify the pharmacy benefit manager’s benefit coverage, pricing, claims processing, and any other matter relating to the pharmacy benefit manager’s performance under the contract;
(E) consideration by the health insurer or managed care organization of using administrative-services-only contracts for the provision of pharmacy benefit management services with full pass through of negotiated prices, rebates, and other such financial benefits to the health insurance plan in both retail and mail order settings; and
(F) any other standards and procedures necessary to protect Vermont consumers and contain the cost of prescription drug benefits.
(2) The department’s reasonable expenses in developing and adopting rules under this section may be charged to pharmacy benefit managers doing business in Vermont in the manner provided for in section 18 of Title 8. Such expenses shall be allocated in proportion to the lives of Vermonters covered by each pharmacy benefit manager as reported annually to the commissioner in a manner and form prescribed by the commissioner.
(3) The commissioner may enforce the provisions of this section as to pharmacy benefit managers in the same manner as health insurers pursuant to section 9412 of this title and section 3661 of Title 8. The powers of the commissioner under this section shall be in addition to any other powers of the commissioner under this title or Title 8.
* * * Prescription Filling * * *
Sec. 5. 8 V.S.A. § 4089j is added to read:
§ 4089j. RETAIL PHARMACIES; FILLING OF PRESCRIPTIONS
(a) A health insurer and pharmacy benefit manager doing business in Vermont shall permit a retail pharmacist licensed under chapter 36 of Title 26 to fill prescriptions in the same manner and at the same level of reimbursement as they are filled by mail order pharmacies with respect to the quantity of drugs or days’ supply of drugs dispensed under each prescription.
(b) As used in this section,
(1) “Health insurer” is defined by subdivision 9402(9) of Title 18. For purposes of this section, the term includes Medicaid, the Vermont health access plan, the VScript pharmaceutical assistance program, and any other public health care assistance program.
(2) “Pharmacy benefit manager” means an entity that performs pharmacy benefit management. “Pharmacy benefit management” means an arrangement for the procurement of prescription drugs at negotiated dispensing rates, the administration or management of prescription drug benefits provided by a health insurance plan for the benefit of beneficiaries, or any of the following services provided with regard to the administration of pharmacy benefits:
(A) mail service pharmacy;
(B) claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to beneficiaries;
(C) clinical formulary development and management services;
(D) rebate contracting and administration;
(E) certain patient compliance, therapeutic intervention, and generic substitution programs; and
(F) disease management programs.
* * * OTC; Joint Purchasing within Vermont; Counterdetailing * * *
Sec. 6. 33 V.S.A. § 1998 is amended to read:
§ 1998. PHARMACY BEST PRACTICES AND COST CONTROL
PROGRAM ESTABLISHED
(a) The commissioner of prevention, assistance, transition, and health access shall establish a pharmacy best practices and cost control program designed to reduce the cost of providing prescription drugs, while maintaining high quality in prescription drug therapies. The program shall include:
(1) A preferred list of covered prescription drugs that identifies preferred choices within therapeutic classes for particular diseases and conditions, including generic alternatives and over-the-counter drugs.
(A) The
commissioner, and the commissioner of banking, insurance, securities,
and health care administration shall implement the preferred drug list as a
uniform, statewide preferred drug list by encouraging all health benefit plans
in this state to participate in the program.
(B) The commissioner of personnel shall use the preferred drug list in the state employees health benefit plan only if participation in the program will provide economic and health benefits to the state employees health benefit plan and to beneficiaries of the plan, and only if agreed to through the bargaining process between the state of Vermont and the authorized representatives of the employees of the state of Vermont. The provisions of this subdivision do not authorize the actuarial pooling of the state employees health benefit plan with any other health benefit plan, unless otherwise agreed to through the bargaining process between the state of Vermont and the authorized representatives of the employees of the state of Vermont. No later than November 1, 2004, the commissioner of personnel shall report to the health access oversight committee and the senate and house committees on health and welfare on whether use of the preferred drug list in the state employees health benefit plan would, in his or her opinion, provide economic and health benefits to the state employees health benefit plan and to beneficiaries of the plan.
* * *
(4) Education programs,
including a counterdetailing With input from physicians, pharmacists,
private insurers, hospitals, pharmacy benefit managers, and the drug
utilization review board, an evidence-based research education program, designed to provide
information and education on the therapeutic and cost-effective utilization of
prescription drugs to physicians, pharmacists, and other health care
professionals authorized to prescribe and dispense prescription drugs. To
the extent possible, the program shall inform prescribers about drug marketing
that is intended to circumvent competition from generic alternatives. Details
of the program, including the scope of the program and funding recommendations,
shall be contained in a report submitted to the health access oversight
committee and the senate and house committees on health and welfare no later
than January 1, 2005;
* * *
* * * Expanding Use of 340B Programs * * *
Sec. 7. 33 V.S.A. § 2008 is added to read:
§ 2008. FEDERAL DISCOUNT PROGRAMS; STUDY
The commissioner shall study and by January 1, 2005 report to the governor, the senate and house committees on health and welfare and on appropriations, and the health access oversight committee on the feasibility of providing discounted prescription drugs to Vermont’s most vulnerable patient populations through the use of Section 340B of the federal Public Health Service Act, 42 United States Code § 256b (1999). The commissioner shall work with other state agencies, representatives of state employees, and representatives of health care providers and facilities in the state to provide the following information:
(1) A description of all health care providers and facilities in the state potentially eligible for designation as “covered entities” under Section 340B, including without limitation all hospitals eligible as disproportionate share hospitals; recipients of grants from the United States Public Health Service; federally qualified health centers; federally qualified look-alikes; state‑operated AIDS drug assistance programs; Ryan White CARE Act Title I, Title II, and Title III programs; tuberculosis, black lung, family planning, and sexually transmitted disease clinics; hemophilia treatment centers; public housing primary care clinics; and clinics for homeless people.
(2) A listing of potential applications of Section 340B and the potential benefits to public, private, and third-party payors for prescription drugs, including:
(A) application to inmates and employees in youth correctional facilities, county jails, and state prisons;
(B) maximizing the use of Section 340B within state-funded managed care plans;
(C) the inclusion of Section 340B providers in state bulk purchasing initiatives; and
(D) using sole source contracts with Section 340B providers to furnish high-cost chronic care drugs.
(3) Discounts available through Section 340B contracts, including estimated cost savings to the state as a result of retail mark-up avoidance, negotiated subceiling prices, and coordination with the Medicaid program in order to minimize costs to the program and to other purchasers of prescription drugs.
(4) The resources available to potential applicants for designation as covered entities for the application process, establishing a Section 340B program, establishing state qualified health centers with concurrent federally qualified health center look-alike status, restructuring the health care system, or other methods of lowering the cost of prescription drugs. The resources must include state and federal agencies and private philanthropic grants to be used for the purposes of this section.
* * * Mental Health Drugs * * *
Sec. 8. MENTAL HEALTH DRUGS; SUNSET EXTENSION
Subdivision (2) of Sec. 5 of No. 127 of the Acts of the 2001 Adj. Sess (2002) is amended to read:
(2) Sec. 1, 33 V.S.A. § 1999(d) (prior authorization and drugs used to
treat mental illness), shall be repealed on July 1, 2004 2006. The commissioner of prevention, assistance, transition, and health access
shall report to the health access oversight committee concerning the drug
utilization review board’s analysis of prescribing patterns, literature, and
testimony regarding clinical efficacy and outcomes, expenditure trends, and any
proposed revisions to the preferred drug list as it pertains to drugs used to
treat mental illness. The commissioner’s report shall include also an
assessment of the use of medication algorithms and of the behavioral pharmacy
project implemented in the state of Missouri.
* * * Medicare Drug Benefit: Impact on Vermont and Coordination
with State Programs * * *
Sec. 9. PRESCRIPTION DRUG COVERAGE FOR MEDICARE BENEFICIARIES
The department of prevention, assistance, transition, and health access shall analyze the financial impact on the state of Vermont and on Vermont Medicare beneficiaries caused by implementation of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173, and report its findings annually to the health access oversight committee and the senate and house committees on health and welfare beginning October 1, 2004.
Sec. 10. PRESCRIPTION DRUG BENEFIT WORKING GROUP
The commissioner of prevention, assistance, transition, and health access with representatives from the department of aging and disabilities shall convene a working group of elderly and disabled consumers, advocates, and providers to:
(1) develop and implement a plan which at a minimum shall include outreach, education, and assistance to minimize any confusion and duplication of coverage caused by the introduction of the new, federally mandated Medicare discount cards to Vermont Medicare beneficiaries, especially those who also are eligible for Medicaid, VHAP-Rx, VScript, VScript Expanded, or Healthy Vermonters; and
(2) plan for the implementation of Medicare Part D in the state beginning January 1, 2006. Such planning shall include both monitoring and advocacy on federal policy as it relates to Vermont state pharmaceutical assistance programs with a goal of minimizing any reduction of assistance to these beneficiaries. The plan shall analyze fully the potential gains and losses to Vermont and to its state pharmaceutical assistance beneficiaries resulting from Medicare Part D and the balance of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173, and shall provide ongoing cost projections and identify sources of funding for holding these beneficiaries harmless from pharmacy benefit cuts once Medicare Part D is implemented.
* * * Prior Authorization Exemption * * *
Sec. 11. 33 V.S.A. § 1999(f) is amended to read:
(f) The program’s prior
authorization process shall require that the prescriber, not the pharmacy,
request a prior authorization exception exemption to the requirements of this
section. The No later than
December 31, 2004, the commissioner shall create a pilot program may designed to
exempt a prescriber from the need to secure prior authorization for a specific drug
category
requirement of the preferred drug list program if the program determines
that the prescriber has written a minimum number of scripts in that category, and
the prescriber prescribes prescription drugs on the preferred drug list at or
above the minimum threshold for that category met compliance standards established
by the department in consultation with the drug utilization review board. This
exemption does not apply to drugs that require prior authorization for clinical
reasons.
* * * Reimportation * * *
Sec. 12. 8 V.S.A. § 4089i is added to read:
§ 4089i. PRESCRIPTION DRUG COVERAGE
A health insurance or other health benefit plan offered by a health insurer shall provide coverage for prescription drugs purchased in Canada, and used in Canada or reimported legally, on the same benefit terms and conditions as prescription drugs purchased in this country. For drugs purchased by mail or through the internet, the plan may require accreditation by the Internet and Mailorder Pharmacy Accreditation Commission (IMPAC™) or similar organization.
Sec. 13. 33 V.S.A. § 2007 is added to read:
§ 2007. CANADIAN PRESCRIPTION DRUG INFORMATION PROGRAM
The department of prevention, assistance, transition, and health access shall establish a website and prepare written information to offer guidance to Vermont residents seeking information about ordering prescription drugs through the mail or otherwise from a participating Canadian pharmacy.
Sec. 14. APPLICABILITY; STATUTORY REVISION
The statutory revision commission is directed to recodify 8 V.S.A. §§ 4089i and 4089j (health care ombudsman) as 8 V.S.A. §§ 4089v and 4089w, respectively.
* * * Healthy Vermonters Expansion * * *
Sec. 15. 33 V.S.A. § 2003 is amended to read:
§ 2003. PHARMACY DISCOUNT PLAN
(a) On or before July 1,
2002, the
The commissioner shall implement a pharmacy discount plan, to be known
as the “Healthy Vermonters” program, for Vermonters without adequate coverage
for prescription drugs. The provisions of section 1992 of this title shall
apply to the commissioner’s authority to administer the pharmacy discount plan
established by this section. The commissioner may establish an enrollment fee
in such amount as is necessary to support the administrative costs of the plan.
(b) The
pharmacy discount plan authorized by this section shall include a program
implemented as a Section 1115 Medicaid waiver, wherein the state makes a
payment toward the cost of the drugs dispensed to individuals enrolled in this
program of at least two percent of the cost of each prescription or refill,
consistent with the appropriation for the program established by this section offer enrolled
individuals an initial discounted cost for covered drugs and, upon approval by
the Centers for Medicare and Medicaid Services of a Section 1115 Medicaid
waiver program, a secondary discounted cost, which shall reflect a state
payment toward the cost of each dispensed drug as well as any rebate amount
negotiated by the commissioner. Upon implementation of the waiver program, the
commissioner shall establish an enrollment fee in such amount as is necessary
to support the administrative costs of the program.
(c) The commissioner shall implement the pharmacy discount program authorized by this section without any financial contribution by the state otherwise required by subsection (b) of this section, and without federal waiver approval during such time as federal waiver approval has not been secured.
(d) As used in this section:
(1) “Eligible beneficiary” means any individual Vermont resident without adequate coverage:
(A) who is at least 65
years of age, or is disabled and is eligible for Medicare or Social Security
disability benefits, with household income equal to or less than 400 percent of
the federal poverty level,
as calculated under the rules of the Vermont health access plan, as amended,
and any other individual Vermont resident with;
(B) whose household income is equal
to or less than 300 350 percent of the federal poverty level, as
calculated under the rules of the Vermont Health access plan, as amended; and
or
(C) whose family incurs unreimbursed expenses for prescription drugs, including insurance premiums, that equal five percent or more of household income or whose total unreimbursed medical expenses, including insurance premiums, equal 15 percent or more of household income.
(2) “Initial discounted cost” means the price of the drug based on the Medicaid fee schedule.
(3) “Labeler” means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (1999).
(4) “Participating retail pharmacy” means a retail pharmacy located in this state or another business licensed to dispense prescription drugs in this state that participates in the program according to rules established by the department and provides discounted prices to eligible beneficiaries of the program.
(5) “Rebate amount” means the rebate negotiated by the commissioner and required from a drug manufacturer or labeler under this section. In determining the appropriate rebate, the commissioner shall:
(A) take into consideration the rebate calculated under the Medicaid Rebate Program under section 1396r-8 of Title 42 of the United States Code, the average wholesale price of prescription drugs, and any other information on prescription drug prices and price discounts;
(B) use his or her best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under the Medicaid program under section 1396r-8 of Title 42 of the United States Code;
(C) use his or her best efforts to obtain an amount equal to or greater than the amount of any discount, rebate, or price reduction for prescription drugs provided to the federal government.
(6) “Secondary discounted cost” means the price of the drug based on the Medicaid fee schedule, less payment by the state of at least two percent of the Medicaid rate, less any rebate amount negotiated by the commissioner and paid for out of the Healthy Vermonters dedicated fund established under subsection 2003(j).
(7) “Vermonter without Without adequate
coverage” includes eligible beneficiaries with no coverage for prescription
drugs or for certain types of prescription drugs, and eligible
beneficiaries whose annual maximum coverage limit under their health benefit
plan has been reached.
(e) Drugs covered by the Healthy Vermonters program shall include all drugs covered under the Medicaid program.
(f) Participating retail pharmacies shall offer beneficiaries the initial discounted price beginning July 1, 2004. Beginning October 1, 2005, a participating retail pharmacy shall offer beneficiaries the secondary discounted price, if available.
(g) The Vermont board of pharmacy shall adopt standards of practice requiring disclosure by participating retail pharmacies to eligible beneficiaries of the amount of savings provided as a result of the program. The standards must consider and protect information that is proprietary in nature. The department may not impose transaction charges under this program on pharmacies that submit claims or receive payments under the program. Pharmacies shall submit claims to the department to verify the amount charged to eligible beneficiaries under the program. On a weekly or biweekly basis, the department must reimburse pharmacies for the difference between the initial discounted price and the secondary discounted price provided to eligible beneficiaries.
(h) The names of drug manufacturers and labelers who do and do not enter into rebate agreements under this program are public information. The department shall release this information to health care providers and the public on a regular basis and shall publicize participation by manufacturers and labelers. The department shall impose prior authorization requirements in the Medicaid program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and so long as the additional prior authorization requirements remain consistent with the goals of the Medicaid program and the requirements of Title XIX of the federal Social Security Act.
(i) The commissioner shall establish, by rule, a process to resolve discrepancies in rebate amounts claimed by manufacturers, labelers, pharmacies, and the department.
(j) The Healthy Vermonters dedicated fund is established to receive revenue from manufacturers and labelers who pay rebates as provided in subdivision (d)(5) of this section and any appropriations or allocations designated for the fund. The purposes of the fund are to reimburse retail pharmacies for discounted prices provided to individuals enrolled in the Healthy Vermonters program; and to reimburse the department for contracted services, including pharmacy claims processing fees, administrative and associated computer costs, and other reasonable program costs. The fund is a nonlapsing dedicated fund. Interest on fund balances accrues to the fund. Surplus funds in the fund must be used for the benefit of the program.
(k) Annually, the department shall report the enrollment and financial status of the program to the health access oversight committee by September 1, and to the general assembly by January 1.
(l) The department shall undertake outreach efforts to build public awareness of the program and maximize enrollment. Outreach efforts shall include steps to educate retail pharmacists on the purposes of the Healthy Vermonters dedicated fund, in particular as it relates to pharmacy reimbursements for discounted prices provided to program enrollees. The department may adjust the requirements and terms of the program to accommodate any new federally funded prescription drug programs.
(m) The department may contract with a third party or third parties to administer any or all components of the program, including outreach, eligibility, claims, administration, and rebate recovery and redistribution.
(n) The department shall administer the program and other medical and pharmaceutical assistance programs under this title in a manner advantageous to the programs and enrollees. In implementing this section, the department may coordinate the other programs and this program and may take actions to enhance efficiency, reduce the cost of prescription drugs, and maximize benefits to the programs and enrollees, including providing the benefits of this program to enrollees in other programs.
(o) The department may adopt rules to implement the provisions of this section.
(p) The department may seek any waivers of federal law, rule, or regulation necessary to implement the provisions of this section.
* * * Opiate Addiction Treatment * * *
Sec. 16. 18 V.S.A. § 4702 is amended to read:
§ 4702. ESTABLISHMENT OF GUIDELINES FOR OPIATE TREATMENT
(a) The
department of health,
in collaboration with the opiate addiction treatment advisory committee, shall develop by rule comprehensive
guidelines for a regional system of opiate addiction treatment.
(b) The guidelines shall include the following requirements:
* * *
(2) If
pharmacological treatment is medically appropriate, a medical assessment shall
be conducted for the appropriateness of treatment with buprenorphine, once it is federally
approved for opiate addiction treatment, prior to prescribing methadone;
* * *
(6) Rules
of conduct for patients, violation of which may result in discharge from the
treatment program, shall include required urinalysis at such times as the
program may direct, restrictions on medication dispensing designed to prevent
diversion of medications and to diminish the potential for patient relapse, and
such other rules of conduct as the department and the program may require; and
(7) Opiate
addiction treatment that includes the prescription of pharmacological therapy
shall be operated only through qualified treatment programs located
in medical hospitals or medical school facilities, that have agreed to provide
such treatment, in geographically well-suited locations in this state approved
by the commissioner of health; and
(8) An overdose prevention program shall be established and include:
(A) a mechanism for keeping track of regulated drug overdoses in Vermont, in terms of frequency, fatalities, geographical location, and any other relevant surrounding circumstances;
(B) prevention education, training, and outreach components; and
(C) guidelines for the expanded use of opioid antagonists such as naloxone hydrochloride, or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose, by persons who perform emergency medical services, hospital personnel, and opiate addicts.
(c) The commissioner shall report annually to the general assembly on or before January 1 on the effectiveness of this chapter in the treatment of opiate addiction. Beginning in 2006, the report shall include findings related to drug overdose trends in Vermont; suggested improvements in data collection concerning drug overdoses; the availability of effective counseling; the impact of treatment on an opiate addict’s quality of life; the integration or need for integration among drug treatment programs and other publicly funded services and programs; and a description of interventions that may be effective in reducing the rate of fatal or nonfatal drug overdoses. No later than January 1, 2005, the commissioner shall advise the general assembly on whether persons who seek emergency care for an overdosing person should be afforded immunity from criminal liability.
(d) No later than July 1, 2004, established opiate addiction treatment programs shall dispense medication in a manner consistent with the Health and Human Services Opioid Treatment Standards (42 CFR § 8.12(i), eff. March 19, 2001, 66 FR 4076, January 17, 2001) and the Health and Human Services State Methadone Treatment Guidelines, Treatment Improvement Protocol number 1, Chapter 7, without any further requirement for the adoption of administrative rules under chapter 25 of Title 3. The commissioner, however, may develop additional health and safety precautions which are more restrictive than the federal guidelines.
(e) The commissioner of health shall assist the commissioner of corrections in establishing policies related to opiate addiction treatment for persons placed in the custody of the department of corrections, as provided in section 801 of Title 28.
Sec. 17. REPEAL
(a) Sec. 5 of No. 123 of the Acts of the 1999 Adj. Sess (2000), repealing the system of opiate addiction treatment after two years of operation, is hereby repealed.
(b) Section 4703 of Title 18, establishing the opiate addiction treatment advisory committee, is repealed.
Sec. 18. ADOPTION OF EXPEDITED RULES
(a) The commissioner of health is authorized to adopt rules under the expedited rulemaking procedures provided in this section so that the provisions of this act may be implemented by July 1, 2004. Notwithstanding the provisions to the contrary in 3 V.S.A. chapter 25, the commissioner shall file final proposed rules prior to June 3, 2004 and adopt, effective July 1, 2004, all rules necessary to implement the new programs.
(b) Rules shall be filed in final proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the secretary of state’s publication, in the three daily Vermont newspapers of highest average circulation, of a notice listing all rules to be adopted by this process and providing for a seven‑day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. § 842, except that its action shall be completed within 15 days or by June 24, 2004, whichever is sooner. Rules so adopted may be effective as soon as five days after adoption and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Any such rules shall be deemed to be in full compliance with 3 V.S.A. § 843, and the secretary of state shall certify that the rules are required to meet the purposes of this section.
Sec. 19. 28 V.S.A. § 801 is amended to read:
§ 801. MEDICAL CARE OF INMATES
(a) The department shall provide health care for inmates in accordance with the prevailing medical standards. When the provision of such care requires that the inmate be taken outside the boundaries of the correctional facility wherein the inmate is confined, the department shall provide reasonable safeguards, when deemed necessary, for the custody of the inmate while he or she is confined at a medical facility.
* * *
(d) No later than July 1, 2004, the department shall ensure that all persons detained by or sentenced to the custody of the department of corrections for 30 days or less who, upon entrance to a correctional facility, are undergoing opiate addiction treatment, including pharmacological treatment, and who are determined by the department to be in good standing in that treatment, receive continued treatment for the duration of their custody up to 30 days.
(e) The department shall establish and maintain policies for the delivery of health care in accordance with the above standards.
* * * Effective Dates * * *
Sec. 20. EFFECTIVE DATE
This act shall take effect July 1, 2004, except that:
(1) Secs. 6 and 12 shall take effect July 1, 2004 and shall apply to all health insurance policies offered on or after October 1, 2004, and to all other health insurance policies on and after October 1, 2004 upon renewal or their anniversary date, whichever is sooner, but in no event later than September 30, 2005;
(2) Sec. 15 shall take effect not later than October 1, 2004, except that subsection 2003(h) of Title 33, requiring public disclosure of manufacturers and labelers entering into rebate agreements and certain prior authorization requirements under Medicaid, shall take effect when the waiver program authorized under subsection 2003(b) takes effect; and
(3) Secs. 16 and 18 shall take effect upon passage.
* * * Appropriation * * *
Sec. 21. APPROPRIATION FOR HEALTHY VERMONTERS
The amount of $120,000.00 is appropriated from the general fund to the agency of human services to implement Sec. 15 (the Healthy Vermonters program) of this act.
(Committee vote: 8-3-0)
S. 315
An act relating to funding of union and unified union school districts.
Rep. Lavoie of Swanton, for the Committee on Education, recommends that the House propose to the Senate that the bill be amended as follows:
by striking Sec. 13 in its entirety and inserting in lieu thereof a new Sec. 13 to read:
Sec. 13. 32 V.S.A. § 5402(a) is amended and (e) is added to read:
(a) A statewide education tax is imposed on all nonresidential and homestead property at the following rates:
(1) the tax rate for
nonresidential property shall be $1.59 per $100.00,; and
(2) the tax rate for homestead property shall be $1.10 multiplied by the district spending adjustment for the municipality, per $100.00, of equalized education property value as most recently determined under section 5405 of this title. The homestead property tax rate for each municipality which is a member of a union or unified union school district shall be calculated as required under subsection (e) of this section.
(e) The commissioner of taxes shall determine a homestead education tax rate for each municipality which is a member of a union or unified union school district as follows:
(1) For a municipality which is a member of a unified union school district, use the base rate determined under subdivision (a)(2) of this section and a district spending adjustment based upon the education spending per equalized pupil of the unified union.
(2) For a municipality which is a member of a union school district:
(A) determine the municipal district homestead tax rate using the base rate determined under subdivision (a)(2) of this section and a district spending adjustment based on the education spending per total equalized pupil in the municipality who attends a school other than the union school;
(B) determine the union district homestead tax rate using the base rate determined under subdivision (a)(2) of this section and a district spending adjustment based on the education spending per equalized pupil of the union school district; and
(C) determine a combined homestead tax rate by calculating the weighted average of the rates determined under subdivisions (A) and (B) of this subdivision (2), with weighting based upon the ratio of union school equalized pupils to total equalized pupils of the member municipality; and the ratio of equalized pupils attending a school other than the union school to total equalized pupils of the member municipality. Total equalized pupils of the member municipality is based on the number of pupils who are legal residents of the municipality and attending school at public expense. If necessary, the commissioner may adopt a rule to clarify and facilitate implementation of this subsection.
Rep. Shouldice of East Montpelier, for the Committee on Ways and Means, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Education and when further amended as follows:
By striking Sec. 16 in its entirety and inserting in lieu thereof a new Sec. 16 to read:
Sec. 16. TRANSITIONAL PROVISIONS; REPORT; REPEAL; EFFECTIVE
DATES
(a) In fiscal year 2006, the commissioner of education shall provide education funding, and municipalities shall be taxed under the system in effect prior to passage of this act. However, the commissioner of education shall gather data and calculate state aid and tax rates as though this act were in full effect and shall provide this information to school districts and to the general assembly by March 15, 2005.
(b) In fiscal year 2007, tax rates in municipalities shall be calculated pursuant to the provisions of this act.
(c) By March 15, 2005, the commissioner of education shall report to the general assembly on whether the excess spending adjustment, as defined in
32 V.S.A. § 5401(12), should be applied at the municipal or school district level for a municipality with a combined municipal and union school tax rate.
(d) The following are repealed:
(1) 16 V.S.A. § 711a(c), relating to calculation of equalized pupils for a union school district is repealed.
(2) Sec. 23(c) of No. 76 of the Acts of the 2003 Adj. Sess. (2004), regarding a review of the advisability of extending a rule for allocation of costs to union and joint contract school districts, is repealed.
(e) Except as provided in subsection (a) of this section, this act shall take effect on July 1, 2004.
(Committee vote: 9-1-1)
(For amendments see Senate Journal 4-14-2004, page 677)
J. R. H. 53
Joint resolution authorizing the legislative council to codify education charters and agreements as Title 16 Appendix of the Vermont Statutes Annotated.
Rep. Kilmartin of Newport City, for the Committee on Judiciary, recommends that the resolution be amended by striking all after the title and inserting in lieu thereof the following:
Whereas, the General Assembly amended and revised significantly the University of Vermont’s charter as No. 66 of the Laws of 1955, entitled “AN ACT TO AMEND NO. 88 OF THE ACTS OF 1865, INCORPORATING THE UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COLLEGE AND FOR OTHER PURPOSES INCIDENTAL TO THE DEFINITION OF THE RELATIONSHIP BETWEEN SUCH CORPORATION AND THE STATE OF VERMONT,” and
Whereas, the current version of the University of Vermont’s charter is not widely available to the public as since 1955, the General Assembly has on several occasions amended the charter by uncodified session law, and
Whereas, the system of educational governance in Vermont is based on supervisory unions, town school districts, union school districts, interstate school districts, joint contract districts, city school districts, unified union districts, incorporated school districts, and regional technical center school districts, and
Whereas, the charters and agreements which establish these administrative units serve as the fundamental authorization for these important educational entities, and
Whereas, school administrators, school boards, and the public must refer to these charters and agreements when deciding immediate operational matters or considering changes to a district’s organizational structure or financial policies, and
Whereas, unfortunately, these important charters and agreements are not codified and published, and, consequently, they are difficult to locate even in the districts for which they were established, and
Whereas, school districts, regardless of their organizational structure, when confronting administrative and legal difficulties must be able to locate easily their respective charters or agreements, and
Whereas, the addition to the Vermont Statutes Annotated of a new Title 16 Appendix consisting of the codification of the charter of the University of Vermont and the charters and agreements of the state’s various forms of school districts would be of great benefit to both educators and the public, now therefore be it
Resolved by the Senate and House of Representatives:
That the legislative council, in consultation with the offices of legal counsel at the University of Vermont and the Department of Education, is directed to create and add a new Title 16 Appendix to the Vermont Statutes Annotated for the purposes of codifying the charter of the University of Vermont and codifying or compiling the charters and agreements establishing and governing supervisory unions, town school districts, union school districts, interstate school districts, joint contract districts, city school districts, unified union districts, incorporated school districts, and regional technical center school districts, and be it further
Resolved: That the legislative council is authorized to proceed with the codification and publication of the charter of the University of Vermont and the legislatively approved charters of school districts during the 2004 interim, and be it further
Resolved: That the legislative council is authorized to take all preparatory steps other than publication, with respect to all other agreements related to the formation and governance of school districts and educational administrative entities, and be it further
Resolved: That educational administrative authorities in the state are strongly urged to work cooperatively with the legislative council in the implementation of this important publication project, and be it further
Resolved: That the House and Senate committees on judiciary shall review with the legislative council the compilation of the agreements during the 2005 biennial session prior to publication, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the chief legal counsel at the Department of Education and the University of Vermont.
(Committee vote: 11-0-0)
Favorable
S. 225
An act relating to membership of the criminal justice training council.
Rep. Kennedy of Chelsea, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.
(Committee Vote: 8-0-3)
Senate Proposal of Amendment
H. 547
An act relating to the confidentiality and noncommercial distribution of certain tax records and data
The Senate proposes to the House to amend the bill by striking out Secs. 1 through 4 in their entirety and renumbering Sec. 5 to be Sec. 1.
Reports Committee of Conference
The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon House Bill, entitled:
H. 364
An act relating to amendment of the Northeast Kingdom waste management district charter.
respectfully report that they have met and considered the same and recommend that the Senate recede from its proposal of amendment and that the bill be further amended in Sec. 2, § 203 of No. M-13 of the Acts of the 1991 Session, as amended by M-4 of the Acts of the 1993 Session, by striking out a. and inserting in lieu thereof a new a. to read as follows:
a. Each member municipality shall be entitled to be
represented by at least one district Supervisor for each 2,500
people, or portion thereof, residing in the municipality, except that
unorganized towns, gores, and grants shall be considered as a single
municipality and represented by one supervisor and alternate. Municipalities
with populations in excess of 1,500 people shall be entitled to be represented
by one Supervisor for every 1,500 people or major portion thereof.
The population of each member municipality shall, for the purposes hereof, be
determined by the latest available population estimates published by the State
of Vermont Department of Health.
James Condos
Jeanette White
Mark Shepard
Committee on the part of the Senate
Ernest Shand
William Johnson
Patrick Brennan
Committee on the part of the House
Report of Committee of Conference
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon Senate Bill, entitled:
S.100
An act relating to humane and proper treatment of animals.
Respectfully report that they have met and considered the same and recommend that the House recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 13 V.S.A. § 351 is amended to read:
§ 351. DEFINITIONS
As used in this chapter:
* * *
(15) “Living space” means any cage, crate, or other structure used to confine an animal that serves as its principal, primary housing. Living space does not include a structure, such as a doghouse, in which an animal is not confined, or a cage, crate, or other structure in which the animal is temporarily confined.
(16) “Adequate food” means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding food is in accordance with accepted agricultural or veterinarian practices.
(17) “Adequate water” means fresh, potable water provided at suitable intervals for the species, and which, in no event, shall exceed 24 hours at any interval. The animal must have access to the water.
(18) “Adequate shelter” means shelter which protects the animal from injury and environmental hazards.
Sec. 2. 13 V.S.A. § 352 is amended to read:
§ 352. CRUELTY TO ANIMALS
A person commits the crime of cruelty to animals if the person:
* * *
(2) overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or exposes a poison with intent that it be taken by an animal;
* * *
(4) deprives an animal which a person owns, possesses or acts as an
agent for, of adequate food, water, shelter, rest or, sanitation,
or necessary medical attention, or transports an animal in overcrowded
vehicles;
* * *
Sec. 3. 13 V.S.A. § 352a is amended to read:
§ 352a. AGGRAVATED CRUELTY TO ANIMALS
A person commits the crime of aggravated cruelty to animals if the person:
(1) intentionally kills an animal by means intentionally
causing the animal undue pain or suffering; or
(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal.
Sec. 4. 13 V.S.A. § 353 is amended to read:
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION
* * *
(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:
* * *
(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant’s residence. If a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court may order the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.
* * *
Sec. 5. 13 V.S.A. § 354 is amended to read:
§ 354. ENFORCEMENT; POSSESSION OF ABUSED ANIMAL;
SEARCHES AND SEIZURES; FORFEITURE
* * *
(d) If an
animal is seized under this section, the state may file a motion in the
criminal action for an order requiring the defendant to forfeit any and all
rights in the animal prior to final disposition of the criminal charge institute
a civil proceeding for forfeiture of the animal in the territorial unit of the
district court where the offense is alleged to have occurred. The proceeding
shall be instituted by a motion for forfeiture, which shall be filed with the
court and served upon the animal’s owner.
(e) Upon
the filing of a motion under subsection (d) of this section, the The
court shall set a hearing to be held as soon as practicable within 21
days after institution of a forfeiture proceeding under this section.
Time limits under this subsection shall not be construed as jurisdictional.
(f) At the
hearing on the motion for forfeiture, the state shall have the burden of
establishing by clear and convincing evidence that the animal was subjected to
cruelty, neglect or abandonment in violation of section 352 or 352a of
this title. The court shall make findings of fact and conclusions of law and
shall issue a final order. If the state meets its burden of proof, the motion
shall be granted and the court shall order the immediate forfeiture of the
animal in accordance with the provisions of subsection 353(c) of this title. If
the defendant, within 48 hours after the hearing, posts a security deposit in
an amount of $30.00 per animal, the animal shall remain in custodial care until
final disposition of the criminal charges. After 30 days, the defendant shall
post an additional security deposit in the amount of $30.00 per animal until
resolution of the criminal charges. If the defendant fails to post the
required security deposit, the court, upon motion by the state, shall order
immediate forfeiture of any unsecured animals, unless such deposit requirement
is waived by the court for good cause shown.
(g)(1) If the defendant is convicted of criminal charges under this chapter or if an order of forfeiture is entered against an owner under this section, the defendant or owner shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses.
(2)(A) If the defendant is acquitted of criminal charges under this chapter and a civil forfeiture proceeding under this section is not pending, an animal that has been taken into custodial care shall be returned to the defendant unless the state institutes a civil forfeiture proceeding under this section within seven days of the acquittal.
(B) If the court rules in favor of the owner in a civil forfeiture proceeding under this section and criminal charges against the owner under this chapter are not pending, an animal that has been taken into custodial care shall be returned to the owner unless the state files criminal charges under this section within seven days after the entry of final judgment.
(C) If an animal is returned to a defendant or owner under this subdivision, the defendant or owner shall not be responsible for the costs of caring for the animal.
(h) If
the defendant has posted a security deposit in accordance with subsection (e)
of this section and is subsequently acquitted of charges of violating the
provisions of this chapter, the agency or person with whom the security deposit
was posted shall return the security deposit to the defendant, less the
reasonable cost of caring for the animal An order of the district court
under this section may be appealed as a matter of right to the supreme court.
The order shall not be stayed pending appeal.
(i) The provisions of this section are in addition to and not in lieu of the provisions of section 353 of this title.
(j) It is
unlawful for a person to interfere with a humane officer or the commissioner of
agriculture, food and markets engaged in official duties under this chapter. A
person who violates this subsection shall be prosecuted under section 3001 of Title
13 this title.
Sec. 6. 13 V.S.A. § 362 is amended to read:
§ 362. EXPOSING POISON ON THE LAND
A person who deposits any poison or substance poisonous to animals on his
or her premises or on the premise or buildings of another, with the intent that
it be taken by an animal, shall be in violation of subdivision 352(a)(2)
352(2) of this title. This section shall not apply to control of wild
pests, protection of crops from insects, mice, and plant diseases, or
the department of fish and wildlife and employees and agents of the state
forest service in control of destructive wild animals.
Sec. 7. 13 V.S.A. § 363 is amended to read:
§ 363. SHOOTING BIRDS FOR AMUSEMENT
Except for the taking of game pursuant to Title 10, any person who keeps
or uses any live bird for release to be shot for amusement or as a test of
marksmanship or provides buildings, sheds, yards, rooms, fields, or
other areas to be used for such shooting purposes, shall be in violation of
subdivision 352(a)(1) 352(1) of this title.
Sec. 8. 13 V.S.A. § 365 is amended to read:
§ 365. SHELTER OF ANIMALS
(a) All livestock and animals which are to be predominantly maintained
out-of-doors must be provided with adequate shelter to prevent direct exposure to the elements.
* * *
(c)(1) A dog, whether chained or penned, shall be provided
living space no less than three feet by four feet for 25 pound and smaller
dogs, four feet by four feet for 35 26-35 pound dogs and,
four feet by five feet for 50 36-50 pound dogs, five feet by
five feet for 51-99 pound dogs, and six feet by five feet for 100 pound and
larger dogs.
(2) The specifications required by subdivision (c)(1) of this section shall apply to each dog, regardless of whether the dog is housed individually or with other animals.
(d) A dog or cat confined in a living space shall be permitted outside the cage, crate, or structure for an opportunity of at least one hour of daily exercise, unless otherwise modified or restricted by a licensed veterinarian. Separate space for exercise is not required if an animal’s living space is at least three times larger than the minimum requirements set forth in subdivision (c)(1) of this section.
(d)(e) A dog maintained out-of-doors must be provided with
suitable housing that assures that the dog is protected from wind and
draft, and from excessive sun, rain, and other environmental hazards
throughout the year.
(f) A dog chained to a shelter must be on a tether chain at least
twice four times the length of the dog as measured from the
tip of its nose to the base of its tail, and shall allow the dog access to the
shelter.
(g) A cat, over the age of two months, shall be provided minimum living space of nine square feet, provided the primary structure shall be constructed and maintained so as to provide sufficient space to allow the cat to turn about freely, stand, sit, and lie down. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each cat regardless of whether the cat is housed individually or with other animals.
(e)(h) Notwithstanding the provisions of this section,
animals may be temporarily confined in spaces a space sufficient
for them to stand and turn about freely, provided that they are exercised in
accordance with accepted agricultural or veterinarian practices, and are
provided sufficient food, water, shelter, and proper ventilation.
(f)(i) Failure to comply with this section shall be a
violation of subdivisions 352(a)(3) or (4) subdivision 352(3)
or (4) of this title.
(j) Notwithstanding the provisions of this section, an animal may be sheltered, chained, confined, or maintained out-of-doors if doing so is directed by a licensed veterinarian or is in accordance with accepted agricultural or veterinarian practices.
Sec. 9. 13 V.S.A. § 381 is amended to read:
§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING
* * *
(b) Violation of the 28-hour rule of this section is a violation of
subdivision 352(a)(4) 352(4) of this title.
Sec. 10. 13 V.S.A. § 382 is amended to read:
§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING
* * *
(b) A person who violates a provision of this section shall be in
violation of subdivision 352(a)(4) 352(4) of this title.
Sec. 11. 13 V.S.A. § 383 is amended to read:
§ 383. SHIPPING OF ANIMALS
* * *
(b) Failure to provide such separation shall be a violation of
subdivisions 352(a)(3) and (4) 352(3) and (4) of this title.
Sec. 12. 13 V.S.A. § 386 is amended to read:
§ 386. CONFINEMENT OF ANIMALS IN VEHICLES
* * *
(c) Failure to comply with subsection (a) of this section is a violation
of subdivision 352(a)(3) 352(3) of this title.
Sec. 13. 13 V.S.A. § 387 is amended to read:
§ 387. TRANSPORTATION OF HORSES; VEHICLES
* * *
(d) Failure to comply with this section, or the rules established
thereunder, is a violation of subdivision 352(a)(3) 352(3) of
this title.
Sec. 14. 13 V.S.A. § 399 is amended to read:
§ 399. ABUSE; DISQUALIFICATION
* * *
(c) Excessive violation of either subsection (a) or (b) of this section
shall be deemed a violation of subdivision 352(a)(2) 352(2) of
this title.
Carl J.Haas
Avis L. Gervais
Harold L. Bailey
Committee on the part of the House
John F. Campbell
John H. Bloomer
Richard W. Sears
Committee on the part of the Senate
Ordered to Lie
H. 743
An act relating to securities.
Pending Question: Shall the bill pass?
CONSENT CALENDAR
Concurrent Resolutions for Notice Under Joint Rule 16
The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day. Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.
(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, May 6, 2004)
H.C.R. 291
House concurrent resolution congratulating Benjamin Turcotte and Alexandre Caillot on being named the 2004 national middle school winners of the National Aeronautics and Space Administration (NASA) Aerospace Technology Engineering Challenge
H.C.R. 292
House concurrent resolution in memory of Maine National Guard Specialist Christopher D. Gelineau
H.C.R. 293
House concurrent resolution congratulating the 2004 Burr and Burton Academy Lady Bulldogs’ Division II championship girls’ ice hockey team
H.C.R. 294
House concurrent resolution congratulating the 2004 Burr and Burton Academy Bulldogs’ Division II championship boys’ ice hockey team
H.C.R. 295
House concurrent resolution congratulating Larry Young of Troop #412 on his attainment of Eagle rank in the Boy Scouts of America
H.C.R. 296
House concurrent resolution congratulating Doug and Doreen Sheltra on their selection as the National Foster Parent Association’s 2004 Foster Parents of the Year
H.C.R. 297
House concurrent resolution honoring the musicians and music presented on the CD recording entitled “Kitchen Tunks and Parlor Songs”
H.C.R. 298
House concurrent resolution congratulating Carl and Beverly Norton of Bridport on the occasion of their 50th anniversary