Senate Calendar
tuesday, march 30, 2004
85th DAY OF ADJOURNED SESSION
TABLE OF CONTENTS
Page No.
UNFINISHED BUSINESS OF FRIDAY, MARCH 26, 2004
Second Reading
Favorable
H. 113 Harassment in schools....................................................................... 840
NEW BUSINESS
Third Reading
S. 274 Veterans’ preference and transitional medical benefits........................ 840
Second Reading
Favorable
H. 762 Establishment and taxation of fire districts......................................... 840
Joint Resolution for Action
JRH 47 Community neighborhood, and youth gardens................................... 840
NOTICE CALENDAR
Favorable
H. 761 Municipal tax collection and assessment dates.................................. 841
S.R. 22 Characterization of the National Education Association..................... 841
S.R. 23 Waivers from the No Child Left Behind Act..................................... 841
Favorable with Proposal of Amendment
H. 199 Photographs on driver licenses and learner permits.......................... 841
H. 294 Contractor’s lien for labor or materials............................................ 842
H. 364 Northeast Kingdom Waste Management District............................. 843
H. 524 Municipal land records.................................................................... 844
H. 566 Civil monetary penalty for welfare fraud........................................... 844
H. 750 Billback auth. & regulation of telecommunication companies............ 845
H. 760 Delinquent property tax collection................................................... 845
Ordered to Lie
S. 91 Application of granular fertilizers to nonagricultural turf...................... 846
S. 231 Disposition of rights of decedents..................................................... 846
H. 612 Mailing of town reports.................................................................... 846
ACTION CALENDAR
UNFINISHED BUSINESS OF FRIDAY, MARCH 26, 2004
Second Reading
Favorable
H. 113
An act relating to harassment in schools.
Reported favorably by Senator Condos for the Committee on Education.
(Committee vote: 5-0-0)
(For House amendments, see House Journal for February 12, 2004, page 226).
NEW BUSINESS
Third Reading
Favorable with Recommendation of Amendment
S. 274
An act relating to a veterans’ preference and transitional medical benefits.
Second Reading
Favorable
H. 762
An act relating to the establishment and taxation of fire districts.
Reported favorably by Senator White for the Committee on Government Operations.
(Committee vote: 6-0-0)
(No House amendments)
Joint Resolution for Action
J.R.H. 47
Joint resolution supporting the establishment and expansion of community, neighborhood, and youth gardens.
(For text of Resolution, see Senate Journal for March 26, 2004, page 480)
NOTICE CALENDAR
Favorable
H. 761
An act relating to municipal tax collection and assessment dates.
Reported favorably by Senator Shepard for the Committee on Government Operations.
(Committee vote: 4-0-2)
(For House amendments, see House Journal for March 17, 2004, page 433)
S.R. 22
Senate resolution condemning U.S. Secretary of Education Rod Paige’s characterization of the National Education Association as a terrorist organization.
Reported favorably by Senator Condos for the Committee on Education.
(Committee vote: 4-1-0)
S.R. 23
Senate resolution urging congress to grant waivers from the No Child Left Behind Act to states whose students perform at a high academic level.
Reported favorably by Senator Condos for the Committee on Education.
(Committee vote: 5-0-0)
Favorable with Proposal of Amendment
H. 199
An act relating to photographs on driver licenses and learner permits.
Reported favorably with recommendation of proposal of amendment by Senator Welch for the Committee on Transportation.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: In Sec. 1, 23 V.S.A. § 104(b), by striking out the last sentence in its entirety.
Second: By striking out Sec. 16 in its entirety and by inserting in lieu thereof a new Sec. 16 to read as follows:
Sec. 16. 23 V.S.A. § 603(d) is added to read:
(d) In addition to any other requirement of law or rule, a non‑United States citizen applicant shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator license, a junior operator license, a learner permit, or a nondriver identification card. Notwithstanding any other law or rule to the contrary, an operator license, a junior operator license, a learner permit, or a nondriver identification card issued to a nonimmigrant visitor shall expire coincidentally with his or her authorized duration of stay. A license or permit issued under this section may not be issued to be valid for a period of less than 180 days.
Third: By striking out Sec. 17 in its entirety and inserting in lieu thereof a new Sec. 17 to read as follows:
Sec. 17. DEPARTMENT OF MOTOR VEHICLES; HOURS OF OPERATION
The department of motor vehicles shall adjust the hours of operation to enhance the availability of service to customers of the department. The department shall work within the contractual guidelines for employees and use statistical data to identify those locations where it would be more beneficial and cost‑effective.
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for February 24, 2004, page 267; February 25, 2004, page 292.)
H. 294
An act relating to a contractor’s lien for labor or materials.
Reported favorably with recommendation of proposal of amendment by Senator Sears for the Committee on Judiciary.
The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 9 V.S.A. § 1921(c) is amended to read:
(c) A lien herein provided for shall not continue in force for more than
one hundred and twenty 180 days from the time when payment became
due for the last of such labor performed or materials furnished unless a notice
of such lien is filed in the office of the town clerk as hereinafter provided.
Sec. 2. 9 V.S.A. § 1922 is amended to read:
§ 1922. EFFECT OF LIEN
Unless he has satisfied or paid the claim upon which such lien is founded after he has received written notice of a lien as provided for in section 1921(b) of this title, or unless the time to perfect the lien under section 1924 of this title has expired, such person shall not deed, mortgage or otherwise convey property which is subject to a lien as provided herein without disclosing such lien to the vendee or mortgagee in writing or stating the existence of the same in the instrument conveying or mortgaging such property. If he shall fail so to disclose such lien, he shall be liable to the person injured in a civil action on this statute for the damages so sustained.
Sec. 3. 9 V.S.A. § 1924 is amended to read:
§ 1924. ACTION TO ENFORCE LIEN
Within three
months 180 days from the time of filing such memorandum, if such
payment is due at the time of such filing and within three months from the time
such payment becomes due, if not due at the time of such filing, such person
may commence his or her action for the same, and cause such real estate
or other property to be attached thereon. If he or she obtains judgment
in the action, the record of such judgment shall contain a brief statement of
the contract upon which the same is founded.
(Committee Vote: 4-0-2)
(For House amendments, see House Journal for March 11, 2004, pages 401, 414.)
H. 364
An act relating to amendment of the Northeast Kingdom Waste Management District Charter.
Reported favorably with recommendation of proposal of amendment by Senator Condos for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend the bill in Sec. 2, § 203 of No. M-13 of the Acts of the 1991 Session, as amended by M-4 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 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.
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for February 10, 2004, page 191.)
H. 524
An act relating to municipal land records.
Reported favorably with recommendation of proposal of amendment by Senator Shepard for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend the bill by striking out Sec. 2 in its entirety.
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for January 30, 2004, page 147.)
H. 566
An act relating to civil monetary penalty for welfare fraud.
Reported favorably with recommendation of proposal of amendment by Senator Campbell for the Committee on Judiciary.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 33 V.S.A. § 143a is added to read:
§ 143a. CIVIL REMEDIES
(a) A person who violates subsection 141(c), (d), or (e) of this title with actual knowledge may be subject to a civil suit by the attorney general for:
(1) restitution of the amount of assistance, benefits, or payments wrongfully obtained;
(2) interest; and
(3) a civil penalty of up to three times the amount of the wrongfully obtained assistance, benefits, or payments; or $500.00 per false claim; or $500.00 for each false document submitted in support of a false claim, whichever is greatest.
(b) The remedies provided in this section shall be in addition to any other remedies provided by law.
(c) The right to a jury trial shall attach to actions under this section.
Sec. 2. 33 V.S.A. § 143b is added to read:
§ 143b. education and information
(a) Within six months of the effective date of section 143a of this title, the department of prevention, assistance, transition, and health access shall issue rules establishing a procedure for health care providers enrolled in state- and federally-funded medical assistance programs to obtain advisory opinions regarding coverage and reimbursement under those programs. Each advisory opinion issued by the department shall be binding on the department and the party or parties requesting the opinion only with regard to the specific questions posed in the opinion, the facts and information set forth in it, and the statutes and rules specifically noted in the opinion.
(b) At least four times a year, the department of prevention, assistance, transition, and health access shall alert health care providers enrolled in state‑ and federally‑funded assistance programs by publication distributed to such health care providers, regarding current issues relating to fraud and abusive billing in such programs.
(Committee vote: 4-0-2)
(For House amendments, see House Journal for March 10, 2004, page 404)
H. 750
An act relating to public service billback authority and the regulation of telecommunications companies.
Reported favorably with recommendation of proposal of amendment by Senator Ayer for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend the bill in Sec. 2, 30 V.S.A. § 218(a), in the third sentence, after “provided that”, by striking out the words “the company” and inserting in lieu thereof the words an incumbent local exchange carrier
(Committee Vote: 6-0-1)
(No House amendments)
An act relating to delinquent property tax collections.
Reported favorably with recommendation of proposal of amendment by Senator Cummings for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend the bill in Sec. 1, 32 V.S.A. § 1674, by striking out subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows:
(2) On all
taxes collected after the expiration of the time established in the notice required
by section 4772 or 4792 of this title, the collector shall be allowed to
may charge and collect from the taxpayer a commission of eight per
cent percent on the amount of the tax;, unless a
municipality votes otherwise pursuant to subdivision (3) of this section.
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for March 16, 2004, page 427; March 17, 2004, page 432.)
ORDERED TO LIE
S. 91
An act relating to limiting the application of granular fertilizers to nonagricultural turf.
PENDING QUESTION: Shall the bill pass?
S. 231
An act relating to the final disposition rights of decedents.
PENDING ACTION: Second reading of the bill.
H. 612
An act relating to mailing of town reports.
PENDING ACTION: Third reading of the bill.
CONFIRMATIONS
The following appointment will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.
James Postma of Burlington – Member of the Valuation Appeals Board – By Senator Ayer for the Committee on Finance. (2/17)
John M. Hall of East Burke – Commissioner of the Department of Prevention, Assistance, Transition & Health Access – By Senator Doyle for the Committee on Health and Welfare. (3/30)
Sonia Alexander of Wilmington – Member of the Valuation Appeals Board – By Sen. Shepard for the Committee on Finance. (3/31)
John Valente of Rutland – Member of the Vermont Municipal Bond Bank – By Sen. Shepard for the Committee on Finance. (3/31)
Lisa Mitguy Randall of Colchester – Member of the Vermont Housing Finance Agency – By Sen. Ayer for the Committee on Finance. (3/31)
Paul M. Andrew, Jr. of South Burlington – Member of the Vermont Municipal Bond Bank – By Sen. Ayer for the Committee on Finance. (3/31)
NOTICE OF ADVOCATES HEARINGS
The Senate Appropriations Committee will hold its FY’05 Budget advocates hearings on Tuesday afternoon, April 6, in the Senate Chamber.
Advocates wishing to schedule time before the Committee regarding H-768 (FY’05 Budget) should contact Becky Buck at the Legislative Joint Fiscal Office located at 1 Baldwin Street (phone: 828-5969).
PUBLIC HEARINGS
Wednesday, April 7, 2004 – Winooski Senior Center (Next to St. Stephens Church, 115 Barlow Street) 3:00-5:00 P.M. Bullying Prevention in Schools – Senate and House Education Committees.
REPORTS ON FILE
Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:
108. Educational & Health Buildings Financing Agency 2003 Annual Report. (March 2004).
109. Investigation into Developing Cleanup Plans for Stormwater Impaired Waters Docket No. INV-03-01. (Water Resources Board). (March 2004).
110. No Child Left Behind Oversight Committee Annual Report. (March 2004).
111. University of Vermont Extension and Vermont Agricultural Experiment Station Fiscal Year 2003 Annual Report. (March 2004).