Senate Calendar
thursday, april 8, 2004
94th DAY OF ADJOURNED SESSION
TABLE OF CONTENTS
Page No.
UNFINISHED BUSINESS OF WEDNESDAY, MARCH 31, 2004
Second Reading
Favorable
S.R. 22 Characterization of the National Education Association.................... 924
S.R. 23 Waivers from the No Child Left Behind Act.................................... 924
House Concurrent Resolution for Action
H.C.R. 240 Recognizing Vermont’s agricultural community............................ 924
Sen. Bloomer amendment........................................................ 924
UNFINISHED BUSINESS OF THURSDAY, APRIL 1, 2004
Joint Resolutions for Action
J.R.H. 48 Relating to education..................................................................... 925
J.R.H. 49 Relating to National Social Work Month in Vermont..................... 925
UNFINISHED BUSINESS OF TUESDAY, APRIL 6, 2004
Joint Resolution for Action
J.R.H. 50 Designating April 6 as National Tartan Day in Vermont.................. 925
UNFINISHED BUSINESS OF WEDNESDAY, APRIL 7, 2004
Joint Resolution for Action
J.R.H. 51 Guaranteed minimum homeland security grant program.................. 925
NEW BUSINESS
Third Reading
H. 747 Replacement of trustees upon petition by beneficiary/co-trustee....... 925
Second Reading
Favorable
H. 526 Relating to bear damaging property.................................................. 926
Joint Resolution for Action
J.R.H. 44 Legislative Adoption Awareness Day........................................... 926
NOTICE CALENDAR
Favorable
H. 279 Boards of adjustment & development review boards........................ 926
Favorable with Amendment
H. 199 Photographs on driver licenses and learner permits........................... 926
H. 632 Workers’ Compensation.................................................................. 927
H. 756 Changes to education law................................................................ 939
H. 764 Transportation capital program & project development plan............. 941
Ordered to Lie
S. 91 Application of granular fertilizers to nonagricultural turf...................... 953
S. 231 Disposition of rights of decedents..................................................... 954
H. 612 Mailing of town reports.................................................................... 954
CONCURRENT RESOLUTIONS FOR NOTICE
(For text, see Addendum to April 8, 2004 Calendar)
S.C.R. 54 Parent to Parent of Vermont 20th anniversary........................... 167
S.C.R. 55 Benjamin G. Andrews of Ferrisburgh Eagle Scout.................... 168
S.C.R. 56 Kyle D. Burket of North Ferrisburgh Eagle Scout..................... 169
H.C.R. 253 Northfield Fire Chief William C. Lyons..................................... 170
H.C.R. 254 Dr. John LaRock hometown hero for education/training............ 171
H.C.R. 255 Gail Norman hometown hero for animal rescue......................... 173
H.C.R. 256 Essex High School ice hockey team......................................... 174
H.C.R. 257 Essex High School cheerleading team....................................... 175
H.C.R. 258 Middlebury College men’s ice hockey team............................. 176
H.C.R. 259 Middlebury College women’s ice hockey team......................... 177
H.C.R. 260 In memory of Dr. Wilfrid Louis Thabault.................................. 178
H.C.R. 261 U.S. Army Reserve C Company.............................................. 180
H.C.R. 262 Honoring Lorraine Neal .......................................................... 181
H.C.R. 263 In memory of Berkeley Valerius Bennett................................... 182
H.C.R. 264 Honoring radio station WOKO ............................................... 184
ACTION CALENDAR
UNFINISHED BUSINESS OF WEDNESDAY, MARCH 31, 2004
Second Reading
Favorable
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)
House Concurrent Resolution for Action
H.C.R. 240
Concurrent resolution recognizing the economic and cultural importance and vitality of Vermont’s agricultural community.
(For text of Resolution, see Concurrent Resolution Addendum to Senate and House Calendar for Thursday, March 25, 2004, page 144)
PROPOSAL OF AMENDMENT TO H.C.R. 240 TO BE OFFERED BY SENATOR BLOOMER
Senator Bloomer moves that the Senate propose to the House to amend the concurrent resolution by striking out all after the Resolved clause and inserting in lieu thereof the following:
That the General Assembly recognizes the economic and cultural importance and vitality of Vermont’s agricultural community, and be it further
Resolved: That the Secretary of State be directed to send a copy of the resolution to the Vermont Agency of Agriculture, Food and Markets; the Center for Sustainable Agriculture of the University of Vermont; the Vermont Agriculture Viability Council; the Vermont Apple Marketing Board; the Vermont Cheese Council; Green Mountain Dairy Cooperatives; the Vermont Farm Bureau; and the Vermont Sugarmakers Association.
UNFINISHED BUSINESS OF THURSDAY, APRIL 1, 2004
Joint Resolutions for Action
J.R.H. 48
Joint resolution relating to education.
(For text of Resolution, see Senate Journal for March 31, 2004, page 500).
J.R.H. 49
Joint resolution designating March as National Social Work Month in Vermont.
(For text of Resolution, see Senate Journal for March 31, 2004, page 501).
UNFINISHED BUSINESS OF TUESDAY, APRIL 6, 2004
Joint Resolution for Action
J.R.H. 50
Joint resolution designating April 6 as National Tartan Day in Vermont.
(For text of Resolution, see Senate Journal for April 2, 2004, page 510).
UNFINISHED BUSINESS OF WEDNESDAY, APRIL 7, 2004
Joint Resolution for Action
J.R.H. 51
Joint resolution urging the United States Congress to continue and to fund at least at the fiscal year 2004 level “the guaranteed minimum homeland security grant program”
(For text of Resolution, see Senate Journal for April 6, 2004, page 527)
NEW BUSINESS
Third Reading
H. 747
An act relating to removal and replacement of trustees upon petition by a beneficiary or co-trustee.
Second Reading
Favorable
H. 526
An act relating to bear damaging property.
Reported favorably by Senator Canns for the Committee on Natural Resources and Energy.
(Committee vote: 6-0-0)
(For House amendments, see House Journal for February 3, 2004, page 169; February 4, 2004, page 175).
Joint Resolution for Action
J.R.H. 44
Joint resolution designating April 14, 2004 as Legislative Adoption Awareness Day.
(For text of Resolution, see Senate Journal for April 7, 2004, page 537).
NOTICE CALENDAR
Favorable
H. 279
An act relating to terms for members of boards of adjustment and development review boards.
Reported favorably by Senator Lyons for the Committee on Natural Resources and Energy.
(Committee vote: 5-1-0)
(For House amendments, see House Journal for March 26, 2004, page 380).
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)
Reported favorably by Senator Ayer for the Committee on Finance.
(Committee vote: 7-0-0)
(For House amendments, see House Journal for February 24, 2004, page 267; February 25, 2004, page 292.)
H. 632
An act relating to workers’ compensation.
Reported favorably with recommendation of proposal of amendment by Senator Greenwood for the Committee on Economic Development, Housing and General Affairs.
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. WORKERS’ COMPENSATION ISSUES; ANALYSIS; LABOR AND INDUSTRY
The Department of Labor and Industry shall issue a report to the general assembly on or before February 1, 2005, in which the department analyzes the following:
(1) Assuring workers’ compensation coverage compliance by Vermont employers.
(2) Prevention and enforcement of workers’ compensation fraud.
(3) Compensability under workers’ compensation for heart attacks suffered by firefighters and police officers in the line of duty.
(4) Establishment of an ombudsman position within the workers’ compensation division to assist unrepresented employees and employer to navigate and understand the workers’ compensation system, including helping with issues relating to safety, benefits, medical benefits, vocational rehabilitation and return to work, and minimizing employee and employer fraud.
(b) The commissioner shall consult with and make progress reports to the advisory committee established in section 73(a) of Act 66, 2003, during the analysis and report preparation required in subsection (a) of this section. The commissioner shall meet at least twice with the advisory committee.
Sec. 2. WORKERS’ COMPENSATION PREMIUM STABILIZATION OR REDUCTION; BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION
The Department of Banking, Insurance, Securities and Health Care Administration shall issue a report to the General Assembly by February 1, 2005, that includes findings and proposals in regard to the following
(1) The feasibility and impact of expanding its merit rating program or otherwise improving its rate making process to provide discounts or incentives, or both, to employers in the voluntary and assigned risk workers’ compensation markets to reflect good safety records.
(2) Additional regulation of the insurance industry in Vermont including:
(A) Higher performance standards for adjusting claims.
(B) Implementing caseload maximums for adjusters.
(3) Increasing public awareness of and access to the workers’ compensation rate setting process.
(4) Techniques to stabilize rates and create predictability in workers’ compensation insurance premiums, including extending the time period for amortizing extraordinarily high claims.
Sec. 3. 21 V.S.A. § 642 is amended to read:
§ 642. TEMPORARY TOTAL DISABILITY BENEFITS
Where the
injury causes total disability for work, during such disability, but not
including the first three days, the day of the accident to be counted as the
first day, unless the employee received full wages for that day, the employer
shall pay the injured employee a weekly compensation equal to two-thirds of the
employee’s average weekly wages, but not more than the maximum nor less than
the minimum weekly compensation, provided that the weekly compensation shall
not be greater than the injured employee’s weekly net income. In addition,
the injured employee, during the disability period shall receive $10.00 a week
for each dependent child who is unmarried and under the age of 21 years, provided
that weekly benefits under this section shall not exceed the employee’s weekly
net income, and provided that no other injured worker is receiving the same
benefits on behalf of the dependent child or children. However, in no event
shall an employee’s total weekly wage replacement benefits, including any
payments for a dependent child, exceed 90 percent of the employee’s average
weekly wage prior to applying any applicable cost of living adjustment.
The amount allowed for dependent children shall be increased or decreased
weekly to reflect the number of dependent children extant during the week of
payment. If the total disability continues after the third day for a period of
seven consecutive calendar days or more, compensation shall be paid for the
whole period of the total disability.
Sec. 4. 21 V.S.A. §601(24) is added to read:
(24) “Evidence that reasonably supports an action” means relevant evidence that a reasonable mind might accept as adequate to support a conclusion that must be based on the record as a whole, and take into account whatever in the record fairly detracts from its weight.
Sec. 5. 21 V.S.A. §643a is amended to read:
§ 643A. DISCONTINUANCE OF BENEFITS
Unless an
injured worker has successfully returned to work, an employer shall notify both
the commissioner and the employee prior to terminating benefits under either
section 642 or section 646 of this title. The notice of intention to
discontinue payments shall be filed on forms prescribed by the commissioner and
shall include the date of the proposed discontinuance and the reasons for it.
The liability for the payments shall continue for 7 days after the notice is
received by the commissioner and the employee. Those payments shall be made
without prejudice to the employer and may be deducted from any amounts due
pursuant to section 648 of this title if the commissioner determines that the
discontinuance is warranted or if otherwise ordered by the commissioner. Every
notice shall be reviewed by the commissioner to determine the sufficiency of
the basis for the proposed discontinuance. If, upon review, the commissioner
finds that the evidence does not reasonably support the proposed discontinuance,
the commissioner may shall order that payments continue until a
hearing is held and a decision is rendered.
Sec. 6. 21 V.S.A. §662(b) is amended to read:
(b) In the
absence of an agreement pursuant to subsection (a) of this section, the employer
or insurance carrier shall notify the commissioner and the employee in writing
that the claim is denied and the reasons therefor. Upon the employee's
application for a hearing under section 663 of this title, the commissioner may
shall review the evidence upon which denial is based and if the evidence
does not reasonably support the denial, the commissioner may shall
order that payments be made until a hearing is held and a decision is rendered.
Payments pursuant to this subsection shall not be deemed an admission of
liability by the employer nor shall such payments preclude subsequent agreement
under subsection (a) of this section or prejudice the rights of either party to
hearing or appeal under this chapter.
Sec. 7. 21 V.S.A. § 650(e) is added to read
(e) If weekly compensation benefits or weekly accrued benefits are not paid within 21 days after becoming due and payable pursuant to an order of the commissioner, or in cases in which the overdue benefit is not in dispute, ten percent of the overdue amount shall be added and paid to the employee, in addition to interest and any other penalties. A benefit is in dispute if the claimant has been provided actual written notice of the dispute and the evidence reasonably supports the denial. Interest shall accrue and be paid on benefits that are found to be compensable during the period of nonpayment.
Sec. 8. 21 V.S.A. § 660(a) is amended to read:
(a) A
notice given under the provisions of this chapter shall not be held invalid or
insufficient by reason of any inaccuracy in stating the time, place, nature,
or cause of the injury, or otherwise, unless it is shown that the employer was
in fact misled to the injury as a result of the inaccuracy. Want of or delay
in giving notice, or in making a claim, shall not be a bar to proceedings under
the provisions of this chapter, if it is shown that the employer, the
employer’s agent, or representative, had knowledge of the
accident or that the employer has not been prejudiced by the delay or want of
notice. Proceedings to initiate a claim for benefits a work related
injury pursuant to this chapter may not be commenced after six three
years from the date of injury. This section shall not be construed to limit
subsequent claims for benefits stemming from a timely filed work-related injury
claim.
Sec. 9. 21 V.S.A. § 641(a) is amended to read:
(a) When as a result of an injury covered by this chapter, an employee is unable to perform work for which the employee has previous training or experience, the employee shall be entitled to vocational rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore the employee to suitable employment. Vocational rehabilitation services shall be provided as follows:
(1) The employer shall designate a vocational rehabilitation provider from a list provided by the commissioner to initially provide services. Thereafter, the employee may select another vocational rehabilitation provider from a list provided by the commissioner upon giving the employer written notice of the employee’s reasons for dissatisfaction with the designated provider and the name and address of the provider selected by the employee.
(2) The department shall provide an injured worker with a form that includes information and employee rights. The form shall clearly and simply explain the worker’s rights including the choice of provider, the right to challenge a determination, and reimbursement for related expenses. The worker shall sign the form and return it to the department.
(3) The commissioner shall adopt rules to assure that a worker who has received more than 90 days of continuous temporary total disability benefits is timely and cost effectively evaluated by a vocational rehabilitation provider as follows:
(A) If the vocational rehabilitation provider concludes, based on a review of the medical evidence, that the worker is not medically ready to undergo an entitlement assessment or initial screening, the provider may file a written request with the commissioner for an extension to a date certain. The request shall include the reasons for the extension. If the commissioner denies the extension, the assessment or screening shall be completed within 30 days after the denial.
(B) If the vocational rehabilitation provider concludes, based on an initial screening, that a worker is likely to return to suitable employment with the employer, an entitlement assessment shall not be performed. The initial screening shall consider the worker’s current medical status and recovery prognosis, including the employer’s willingness to restore the worker to suitable employment with or without reasonable accommodations. In cases in which an entitlement assessment is not performed and the injured worker has not returned to suitable employment after reach a medical end result, the vocational rehabilitation provider shall perform an entitlement assessment.
(C) If the vocational rehabilitation provider concludes, based on an initial screening, the worker will not likely be able to return to suitable employment, the vocational rehabilitation provider shall perform an entitlement assessment. An entitlement assessment shall include a face-to-face interview between the worker and the vocational rehabilitation provider and result in a written report. The report shall include a summary of the worker’s current medical status; any secondary conditions that affect recovery, treatment, prognosis, a vocational profile that includes the worker’s educational background, work history, a summary of positive and negative indicators for return to work, a statement of the rehabilitation counselor’s conclusions regarding the worker’s entitlement for vocational rehabilitation services.
(4) If these vocational
rehabilitation services are not voluntarily offered and accepted by the
employee, the commissioner, if necessary through informal hearing, may refer
the employee to a qualified physician or appropriate facility for evaluation of
the practicability of, need for, and kind of service, treatment, or training
necessary and appropriate to render the employee fit for a remunerative
occupation. Upon receipt of findings and after affording the parties an
opportunity to be heard, the commissioner may order that the services and
treatment recommended, or such other rehabilitation treatment or service the
commissioner may deem necessary be provided at the expense of the employer.
When vocational rehabilitation requires residence at or near a facility or
institution, away from the employee’s customary residence, the reasonable cost
of board, lodging, or travel, or both, shall be paid for
by the employer. In addition, the employer shall pay reasonable costs of
books, tools, or other basic materials required in such rehabilitation
process. Refusal to accept vocational rehabilitation pursuant to an order of
the commissioner may result in loss of compensation for each week of the
refusal, if the commissioner so directs.
Sec. 10. REPEAL
Workers’ Compensation Rule 30.1000, which requires an employer to refer an injured worker to vocational rehabilitation within 15 days of identifying an worker who has received temporary total disability benefits for 90 days or who is unable to return to suitable employment due to a work injury, is repealed.
Sec. 11. 21 V.S.A. § 618(a) is amended to read:
(a)(1) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall pay compensation in the amounts and to the person hereinafter specified. The compensation of a person who is under guardianship shall be paid to the person’s guardian.
* * *
(3) An
injury arising from an on-premises recreational activity shall be presumed
to be compensable unless if the activity is shown to be
not reasonably related to employment duties, requirements, or a
regular incident of employment.
* * *
Sec 12. CONSTRUCTION
The purpose of 21 V.S.A. § 618(a)(3) in Sec. 11 is limited to shifting the burden of proof for on-premises recreational injuries and is not to be construed to change the substantive standards for compensability of those injuries as addressed in Grather v. The Gables Inn, Ltd., 170 Vt. 377 (2000).
Sec. 13. 21 V.S.A. § 643 is amended to read:
§ 643. –PERIOD OF PAYMENTS; LIMITATION
Payments shall not continue after such disability ends. Notwithstanding any other provision of law, the claim of an injured worker whose compensation pursuant to section 642 of this title has been continuously paid for two years shall be reviewed by the commissioner within 30 days. The review shall consider the claimant’s medical progress, readiness to return to work, and recovery prognosis. If the commissioner determines that the worker has not returned to work and has not reached a medical end result, benefits under section 642 of this title may be continued for up to an additional four years. A claimant shall not be entitled to more than six consecutive years of benefits under section 642 of this title unless the commissioner, after full review within 30 days of the proposed termination, determines that the worker has not yet reached a medical end result and has not returned and continues to be unable to return to work.
Sec. 14. 21 V.S.A. §640 is amended to read:
§ 640. MEDICAL BENEFITS; ASSISTIVE DEVICES; HOME AND AUTOMOBILE MODIFICATIONS
(a) An
employer subject to the provisions of this chapter shall furnish to an
injured employee reasonable surgical, medical and nursing services and
supplies to an injured employee including prescription drugs and
durable medical equipment. The employer shall also provide assistive
devices and modifications to vehicles and property reasonably necessary to
permit the injured employee to ambulate, be mobile, continue to live at home,
and perform other basic life functions. The employer shall also furnish
reasonable hospital services and supplies, including surgical, medical and
nursing services while the injured employee is confined in a hospital for
treatment and care.
* * *
(d) The liability of the employer to pay for medical, surgical, hospital and nursing services and supplies, prescription drugs, and durable medical equipment provided to the injured employee under this section shall not exceed the maximum fee for a particular service, prescription drug or durable medical equipment as provided by a schedule of fees and rates prepared by the commissioner. The provision of services and supplies in the fee schedule shall be premised upon their medical necessity, clinical efficacy, cost effectiveness, and safety. The commissioner shall authorize reimbursement at a rate higher than the scheduled rate if the employee demonstrates to the commissioner's satisfaction that reasonable and necessary treatment, prescription drugs or durable medical equipment is not available at the scheduled rate. An employer shall establish direct billing and payment procedures and notification procedures as necessary for coverage of medically-necessary prescription medications for chronic conditions of injured employees, in accordance with rules adopted by the commissioner.
Sec. 15. MEDICAL, HOSPITAL, PHARMACEUTICAL, AND DURABLE MEDICAL EQUIPMENT FEE SCHEDULES; LABOR AND INDUSTRY
Pursuant to 21 V.S.A. §640(d), which gives the commissioner the authority and responsibility to establish medical fee schedules, by February 1, 2005, the Commissioner of Labor and Industry, with assistance from the Commissioner of Banking, Insurance, Securities, and Health Care Administration, shall:
(1) Develop and implement mechanisms designed to control medical costs while assuring injured workers’ access on a nondiscriminatory basis consistent with workers’ compensation and health care insurance law to medically necessary, clinically efficacious, and cost-effective quality medical care and treatment. Mechanisms for reimbursement for medical services, hospital services, both in-patient and out-patient, and durable medical equipment may be based on Medicare reimbursement methodologies for each area, but may have a different base reimbursement rate. These rates may be set as ratios to the base reimbursement rates.
(2) Investigate strategies for reducing prescription drug costs and report the results and proposals to the General Assembly by February 1, 2005. The investigation shall include:
(A) Written information from the major workers’ compensation carriers in regard to market share. The information requested shall describe the methodologies and practices used by the carrier to reduce prescription drug costs including utilization of any of the following:
(i) A pharmacy benefits manager or administrator, and, if so, the name and contact information for the manager or administrator.
(ii) A preferred drug list, and if so, whether the preferred drug list includes over-the-counter drugs, the preferred prices are negotiated, and whether the list is proprietary
(iii) Payment for over-the-counter drugs in lieu of prescription drugs.
(iv) Mail order purchase of prescription drugs, and if so, are community retail pharmacies permitted to fill prescription in the same manner as by mail order pharmacies with respect to the quantity of drugs or supply of drugs dispensed.
(3) Consult with the Joint Fiscal Office, Legislative Council, and Drug Utilization Review Board and evaluate the practicality, legality, and usefulness of adopting prescription drug price cost reduction strategies for the workers’ compensation program and outline those strategies.
(4) Consult with other state workers’ compensation programs to determine whether implementation of any of the prescription drug cost reduction strategies or creation of a multi-state purchasing program would benefit the Vermont workers’ compensation system.
Sec. 16. 21 V.S.A. §601(3) and (14) are amended to read:
(3)
"Employer" includes any body of persons, corporate or unincorporated,
public or private, and the legal representative of a deceased employer, and
includes the owner or lessee of premises or other person who is virtually the
proprietor or operator of the business there carried on, but who, by reason of
there being an independent contractor or for any other reason, is not the
direct employer of the workers there employed. If the employer is insured,
"employer" includes his the employer’s insurer so far
as applicable. A person is not deemed to be an “employer” for the purposes
of this chapter as the result of entering into a contract for services or labor
with an individual who has knowingly and voluntarily waived coverage of this
chapter pursuant to subdivision (14)(F) of this section.
(14)
"Worker" and "employee" means a person an
individual who has entered into the employment of, or works under contract
of service or apprenticeship with, an employer, but shall not include .
Any reference to a worker who has died as the result of a work injury shall
include a reference to the worker’s dependents, and any reference to a worker
who is a minor or incompetent shall include a reference to the minor’s
committee, guardian, or next friend. The term “worker” or “employee” does not
include:
(A) a
person An individual whose employment is of casual nature, and not
for the purpose of the employer's trade or business;.
(B) a
person An individual engaged in amateur sports even if an employer
contributes to the support of such sports;.
(C) a
person An individual engaged in agriculture or farm employment for
an employer whose aggregate payroll is less than $2,000.00 $10,000.00
in a calendar year, unless such the employer notifies the
commissioner that he the employer wishes to be included within
the provisions of this chapter; the existence of a contract of insurance shall
be considered sufficient notice;.
(D) aA
member of the employer's family dwelling in his the employer’s
house; but, if in any contract of insurance the wages or salary of such
a member of the employer's family dwelling in his house is included in
the payroll on which the premium is based, then such person that
family member shall, in the event of his sustaining an injury
arising out of and in the course of his employment be deemed an employee
and compensated accordingly; or.
(E) any
person Any individual engaged in any type of service in or about a
private dwelling unless such the employer notifies the
commissioner that he the employer wishes to be included within
the provisions of this chapter; the existence of a contract of insurance shall
be considered sufficient notice; or.
(F) the
The sole proprietor or partner owner or partner owners of an
unincorporated business, unless such sole proprietor or partner notifies the
commissioner of his or her wish to be included within the provisions of this
chapter; the submission of a contract or an amendment to a contract to elect
coverage of the sole proprietor or partner shall be considered sufficient
notice. provided:
(i) The individual performs work that is distinct and separate from that of the person with whom the individual contracts.
(ii) The individual controls the means and manner of the work performed.
(iii) The individual holds him or herself out as in business for him or herself.
(iv) The individual holds him or herself out for work for the general public and does not perform work exclusively for or with another person.
(v) The individual is not treated as an employee for purposes of income or employment taxation with regard to the work performed.
(vi) The services are performed pursuant to a written agreement or contract between the individual and another person, and the written agreement or contract explicitly states that the individual is not considered to be an employee under this chapter, is working independently, has no employees, and has not contracted with other independent contractors. The written contract or agreement shall also include information regarding the right of the individual to purchase workers’ compensation insurance coverage and the individual’s election not to purchase that coverage. However, if the individual who is party to the agreement or contract under this subdivision is found to have employees, those employees may file a claim for benefits under this chapter against either or both parties to the agreement.
* * *
(H) Any executive officer elected or appointed and empowered in accordance with the bylaws of the corporation shall be an employee of the corporation. With the approval of the commissioner, an officer may elect not to come under the provisions of this chapter and if all officers of the corporation make such election and the corporation has no employees, the corporation shall not be required to purchase workers’ compensation coverage. If after election, the officer suffers a personal injury and files a claim under this chapter, the employer shall have all the defenses available in a personal injury claim. However, this election shall not prevent any other individual, other than the executive officer, found to be an employee of the corporation to recover workers’ compensation from either the corporation or the statutory employer.
Any
reference to a worker who has been injured shall, where the worker is dead,
include a reference to his dependents as herein defined, if the context so
requires, or where the employee is a minor or incompetent, to his committee or
guardian or next friend. Every executive officer elected or appointed and
empowered in accordance with the charter and bylaws of a corporation shall be
an employee of the corporation. Subject to the written approval of the
commissioner an officer of a corporation may elect not to come under the
provisions of this chapter, then if an action is brought by the employee to
recover damages for personal injury or by his personal representatives for
damages on account of his death resulting from personal injuries sustained
after the employee had so elected and arising out of and in the course of his
employment, the employer shall have all the defenses which he would have had if
the provisions of this chapter were not in force.
Sec. 17. WORKERS’ COMPENSATION FRAUD UNIT; CREATION; POSITIONS AUTHORITY; LABOR AND INDUSTRY
The department of labor and industry shall create within the workers’ compensation division a workers’ compensation fraud unit comprised of two investigators, which are hereby authorized. The two new positions in the fraud unit shall:
(1) Serve as liaison to the business community and workers to investigate instances of fraud.
(2) Facilitate communication and coordination between the Department of Labor and Industry and the Department of Banking, Insurance, Securities and Health Care Administration.
(3) Notify the Department of Banking, Insurance, Securities and Health Care Administration of late benefit payments and non-responsive case adjustment by workers’ compensation insurance carriers.
Sec. 18. 13 V.S.A. § 2024 is amended to read:
§ 2024. WORKERS’ COMPENSATION FRAUD
Any person,
including an employee, employer, health care or vocational rehabilitation
provider, or workers’ compensation insurance carrier, who wilfully
makes a false statement or representation for the purpose of obtaining,
affecting, or denying any benefit or payment under the provisions of
chapter 9 or 11 of Title 21, either for her or himself or for any other
person, shall be fined not more than $10,000.00 $100,000.00 or
imprisoned for no more than six months, or both, and shall forfeit all
benefits or payments obtained as a result of the false statement or representation
and all or a portion of any right to compensation under the provisions of chapters
chapter 9 and 11 of Title 21 as determined by the commissioner.
Sec. 19. EFFECTIVE DATE
This act shall take effect on passage.
(Committee Vote: 6-0-0
(For House amendments, see House Journal for February 24, 2004, page 276; February 25, 2004, page 292.)
An act relating to miscellaneous changes to education law.
Reported favorably with recommendation of proposal of amendment by Senator Condos for the Committee on Education.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: Following Sec. 18, by inserting two new sections to be Secs. 19 and 20 to read:
Sec. 19. Sec. 4(2) of Act No. 33 of the Acts of 2001, as amended by Act No. 46 of the Acts of 2003, is amended to read:
(2) If a governing board of a pilot
project or a planning committee endorsed by the governing board does not apply
for and receive approval of a new governance structure pursuant to Sec. 3 of
this act by July 1, 2004 July 1, 2006, the technical center
service region shall be governed under the provisions of chapter 37, subchapter
3 of Title 16 after that date, except that the pilot project or planning
committee may continue to operate under the waivers until June 30, 2005,
provided that the current governing board and the school board of the host
school district state in writing to the commissioner of education that they
wish to do so.
Sec. 20. VOTE TO CREATE THE PATRICIA A. HANNAFORD REGIONAL TECHNICAL CENTER SCHOOL DISTRICT
(a) 16 V.S.A. § 1574 requires a vote to establish a regional technical center school district to be warned as a special meeting of each town school district, incorporated school district, unified union school district, and city school district within the technical center region. Further, 16 V.S.A. §§ 1574 and 1575 provide that, at the discretion of the planning committee for the district, ballots cast to establish a regional technical center school district may be either counted in each participating school district and the results certified to the commissioner by each clerk or commingled and counted at a central location by appointed members of each participating school district.
(b) The report of the planning committee to create the Patricia A. Hannaford Regional Technical Center School District prohibited ballots cast in the vote to adopt the governance structure from being commingled. The vote held on March 2, 2004 to establish the Patricia A. Hannaford Regional Technical Center School District was warned as a meeting of the three union high school districts rather than as a special meeting of each member school district. Votes were cast in each member school district as part of each union school district’s annual meeting ballot, and the ballots were transported to a central location in each union school district and commingled. The commingled vote tallies were then certified to the commissioner of education by each of the three union school district clerks. Based on the certifications by the three clerks, the proposal to establish the new regional technical center school district passed by the total vote of 5,229 for the proposal and 2,201 against the proposal, with 246 spoiled or blank ballots.
(c) Notwithstanding the fact that the meeting was warned and conducted as part of three separate union district meetings rather than special meetings of each member school district, and notwithstanding the fact that the ballots were commingled rather than counted in each member school district and certified to the commissioner of education within ten days of the vote, the general assembly declares that the vote held on March 2, 2004 to adopt the governance structure shall be valid. Further, the commissioner of education shall be authorized pursuant to 16 V.S.A. § 1575 to declare the existing governance structure of the Patricia A. Hannaford Career Center to be void, the region to be designated a technical center school district, and the new governance system to be authorized, all as of the date specified in the report.
Second: By renumbering the original Secs. 19 and 20 to be Secs. 21 and 22
Third: In the new Sec. 21, by adding a new subdivision (4) to read:
(4) 16 V.S.A. § 4027(a), relating to calculation of education payments and taxes.
Fourth: In the new Sec. 22, following subsection (a), by inserting a new subsection (b) to read:
(b) Sec. 20 of this act shall take effect on passage.
and by relettering the original subsection (b) to be subsection (c)
(Committee Vote: 4-0-1)
Reported favorably with recommendation of proposal of amendment by Senator MacDonald for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend the bill by adding a new section to be numbered Sec. 18a to read as follows:
Sec. 18a. 32 V.S.A. § 5410(h) and (k) are amended to read:
(h) Upon
the The filing of a new or corrected declaration or rescission of an
erroneous declaration, before December 1 of the property tax year: any
additional tax and interest collected by the municipality before December 1
shall be remitted to the state treasurer on December 1; any tax and interest
collected after December 1 but before June 1 shall be remitted to the
state treasurer on June 1 each year; and the that is not reflected in the
first education fund payment under 16 V.S.A. § 4028 for that fiscal year or in
a municipality’s first payment to the education fund under 32 V.S.A. § 5402(c)
for that fiscal year shall be reflected in the final net payment to or from the
education fund for that fiscal year. The municipality may retain
one-eighth of one percent of the total tax collected. Any
reduction in tax paid to a municipality due to a new, revised or rescinded
declaration shall be refunded from the education fund to the municipality
on December 10 each year, and then paid by the municipality to the taxpayer
no later than May 15 of the fiscal year. No later than June 1, each
municipality shall provide to the state treasurer a list of taxpayers who filed
late or corrected declarations or rescinded declarations, the amount of the
change in education tax and the amount of any interest and penalty billed the
taxpayer.
(k) A municipality may retain any penalties and interest assessed and collected in accord with this section.
(Committee Vote: 6-0-1)
(No House amendments.)
H. 764
An act relating to the state’s transportation capital program and project development plan.
Reported favorably with recommendation of proposal of amendment by Senator Mazza for the Committee on Transportation.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:
Sec. 2. PAVING PROGRAM
(a) Total authorized spending in the program development – paving program is modified as follows:
FY05 As Proposed As Amended Change
Total 32,535,000 32,892,683 357,683
Source of Funds
State 8,480,500 7,578,183 -902,317
Federal 24,054,500 25,314,500 1,260,000
(b) These changes are made:
(1) to adjust for the shifting of $1,200,000 in transportation funds from fiscal year 2005 to fiscal year 2004 to initiate paving work in the spring of 2004; and
(2) to add $297,683 in transportation funds and $1,260,000 in federal funds for the paving of the travel lane, and spot repairs as necessary on the passing lane and ramps, of Interstate 89 northbound from Montpelier to Bolton and to the extent the funds are not needed, other approved projects in the paving program in the fiscal year 2005 transportation capital program as selected by the secretary.
Second: By striking out Sec. 4 in its entirety
Third: In Sec. 5, by adding a new subdivision (3) to read as follows:
(3) Authorized spending for the development and evaluation of new projects in the bicycle and pedestrian facilities program is modified as follows:
FY05 As Proposed As Amended Change
Total 45,000 90,000 45,000
Source of Funds
State 5,000 10,000 5,000
Federal 40,000 80,000 40,000
Fourth: By striking out Sec. 7 in its entirety and inserting in lieu thereof a new Sec. 7 to read as follows:
Sec. 7. TOWN HIGHWAY BRIDGE PROGRAM
(a) Total authorized spending in the town highway bridge program is modified as follows:
FY05 As Proposed As Amended Change
Total 19,157,867 20,669,875 1,512,008
Source of Funds
State
5,785,154 6,784,657 999,503
Federal 12,141,877 12,537,827 395,950
Local
1,230,836 1,347,391 116,555
(b) These changes are made to add $999,503 in transportation funds, $395,950 in federal funds, and $116,555 in local funds, to be allocated by the secretary to approved projects in the town highway bridge program in the fiscal year 2005 transportation capital program.
Fifth: By striking out Sec. 8 in its entirety and inserting in lieu thereof a new Sec. 8 to read as follows:
Sec. 8. RAIL PROGRAM
(a) The project description for interstate rail passenger service, page 13, is amended to read: “The specified sums are for: (1) the making of contract payments to Amtrak for interstate passenger rail services provided by Amtrak in fiscal year 2005 and (2) the purchase and installation of one Amtrak ticket machine.”
(b) Total authorized spending in the rail program is modified as follows:
FY05 As Proposed As Amended Change
Total 11,850,236 10,710,236 -1,140,000
Source of Funds
State 7,613,236 6,473,236 -1,140,000
Federal 4,237,000 4,237,000 0
Local 0 0 0
(c) These changes are made:
(1) to reduce funding for interstate passenger rail service by $640,000 in transportation funds to adjust authorized spending to anticipated contract obligations and to allow for the purchase and installation of one Amtrak ticket machine; and
(2) to reduce funding for rail infrastructure projects by $500,000 in transportation funds. These funds are anticipated to be restored as provided in Sec. 56 of this act. To the extent the funds are not restored, the secretary is authorized to reduce spending on rail infrastructure projects as required.
Sixth: By striking out Sec. 10 in its in its entirety and inserting in lieu thereof a new Sec. 10 to read as follows:
Sec. 10. POLICY AND PLANNING
(a) Total authorized spending in the policy and planning program is modified as follows:
FY05 Proposed As Amended Change
Personal Services 3,260,021
Operating Expenses 504,783
Subtotal 3,764,804 3,689,804 -75,000
Grants 4,080,769 4,130,769 50,000
Total 7,845,573 7,820,573 -25,000
Source of Funds
State 1,707,221 1,742,221 35,000
Federal 6,138,352 6,078,352 -60,000
(b) These changes are made:
(1) to reduce funding of personal services and operating expenses by $15,000 in transportation funds and $60,000 in federal funds, the reductions to be made at the discretion of the secretary;
(2) to fund the youth corps program with $200,000 of federal enhancement funds in lieu of $200,000 of other federal funds; and
(3) to add $50,000 in transportation funds to fund the grant to the Northwest Regional Planning Commission provided for in Sec. 28 of this act.
Seventh: In Sec. 11 by striking out subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
(a) To the extent federal funds become available beyond the funds authorized in fiscal year 2005 in the state’s transportation capital program and project development plan, the secretary is authorized to use such funds, consistent with federal rules, in the following order of priority:
(1) First, subject to the requirements of 19 V.S.A. § 10h(a), to cover cash flow shortages on projects due to increased costs or faster than anticipated progress.
(2) Second, to shelf projects or to accelerate projects in the state’s fiscal year 2005 transportation capital program and project development plan in the paving and bridge programs.
(3) Third, to accelerate other projects in the state’s transportation capital program and project development plan.
Eighth: By striking out Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 to read as follows:
* * * Bennington Bypass South * * *
Sec. 12. BENNINGTON BYPASS SOUTH
Notwithstanding the provisions of Sec. 27 of No. 56 of the Acts of 2003, the agency of transportation is directed to suspend the conceptual design of highway project Bennington Bypass South NHF 019 – 1(4). Subject to this suspension, the agency shall retain the Bennington Bypass South NHF 019‑1(4) project as an active project in the roadway program. Right-of-way for this project shall not be acquired without the approval of the general assembly.
Ninth: By striking Sec. 16 out in its entirety
Tenth: By striking out Sec. 17a in its entirety and inserting in lieu thereof a new Sec. 17a to read as follows:
Sec. 17a. CONDITIONS TO ADJUSTMENT OF TRANSPORTATION FUNDS USED FOR SUPPORT OF GOVERNMENT
Sec. 17 of this act shall take effect provided that, at the July 2004 or January 2005 emergency board meetings pursuant to 32 V.S.A. § 305a, the official fiscal year 2006 available general fund revenue forecast is increased by at least one percent from the official forecast adopted in January 2004.
Eleventh: In Sec. 18, 19 V.S.A. § 306(e), by striking out the following: “$3,500,000.00” and inserting in lieu thereof following: $3,490,000.00 and in subsection 306(h), by striking out the following “$4,250,000.00” and inserting in lieu thereof following: $4,240,000.00
Twelfth: In Sec. 25, subsection (b), by striking out the first sentence and inserting in lieu thereof a new sentence to read as follows: The working group shall be composed of the following eight members, or their designees: the secretary of administration, to serve as chair; the state treasurer; the secretary of transportation; the chairs and vice-chairs of the House and Senate committees on transportation; and the governor's appointee to the capital debt affordability advisory committee. and in the second sentence, by striking out the word “six” and inserting in lieu thereof the word three
Thirteenth: By striking out Sec. 26 in its entirety
Fourteenth: By striking out Sec. 27 in its entirety
Fifteenth: By striking out Sec. 29 in its entirety
Sixteenth: By striking out Sec. 34 in its entirety
Seventeenth: In Sec. 35, by striking out the first sentence and inserting in lieu thereof a new sentence to read as follows:
The agency of transportation, in cooperation with all interested parties, shall investigate the advantages and disadvantages of various models for operating the Vermont Local Roads Program including the present model, education institutions with civil engineering departments, the agency of transportations, and others.
Eighteenth: By striking out Sec. 41 in its entirety and inserting in lieu thereof a new Sec. 41 to read as follows:
* * * William H. Morse State Airport in Bennington * * *
Sec. 41. WILLIAM H. MORSE STATE AIRPORT RUNWAY EXTENSION
The agency of transportation shall suspend all activity on the project for the proposed runway extension at the William H. Morse state airport in the town of Bennington until the town of Bennington and the Bennington County Regional Planning Commission adopt resolutions supporting the proposed extension of the runway.
Nineteenth: By striking out Sec. 43 in its entirety
Twentieth: By striking out Sec. 45 in its entirety and inserting in lieu thereof a new Sec. 45 to read as follows:
* * * Municipal Salt Sheds * * *
Sec. 45. AGENCY OF TRANSPORTATION ASSISTANCE WITH MUNICIPAL SALT SHEDS
(a) The agency of transportation shall work with municipalities to provide assistance in designing effective low cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the MSGP.
(b) The agency shall explore opportunities for collocation of state and municipal salt or sand storage facilities where collocation would be appropriate.
(c) The agency of transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures which would be available to municipalities for purchase.
Twenty-first: By striking out Sec. 46 in its entirety and inserting in lieu thereof a new Sec. 46 to read as follows:
* * * Enhancement Funds – Youth Corps * * *
Sec. 46. ENHANCEMENT FUNDS – YOUTH CORPS
Notwithstanding 19 V.S.A. § 38, the first $200,000 of federal funds
allocated to the enhancement grant program for fiscal year 2005 under
19 V.S.A. § 38(e)(1) shall be allocated to policy and planning for the youth
corps program as provided in Sec. 10 of this act.
Twenty-second: In Sec. 48, in the last sentence by striking out the date: “December 1, 2004” and inserting in lieu thereof the date: January 15, 2005
Twenty-third: In Sec. 49, Sec. 45(a)(1) of No. 56 of the Acts of 2003, by striking out the following: “a resident”
Twenty-fourth: By striking out Sec. 54 in its entirety and inserting in lieu thereof a new Sec. 54 to read as follows:
Sec. 54. REPEAL
Sec. 22 of No. 154 of the Acts of the 1999 Adj. Sess. (2000) (prioritized roadway improvements on truck network) is repealed.
Twenty-fifth: By striking out Sec. 56 in its entirety and inserting in lieu thereof a new Sec. 56 to read as follows:
* * * General Fund Waterfall * * *
Sec. 56. ALLOCATION OF GENERAL FUND WATERFALL
(a) To the extent funds are transferred to the transportation fund pursuant to Sec. 88 of H.585 (2004 session), such funds are authorized for expenditure as follows:
(1) up to $500,000 to rail for rail infrastructure projects as selected by the secretary;
(2) up to $300,000 to program development for projects as selected by the secretary; and
(3) up to $200,000 to the central garage fund as defined in 19 V.S.A.
§ 13.
(b) Any funds transferred to the transportation fund pursuant to Sec. 88 of H.585 (2004 session) shall be allocated 50 percent to rail, 30 percent to program development and 20 percent to the central garage fund for the purposes described in subsection (a) of this section.
Twenty-sixth: In Sec. 57, subsection (a) by adding after “the league,” the following: “a representative of the Chittenden County Metropolitan Transportation Organization Public Transportation Task Force,”
Twenty-seventh: In Sec. 60, 23 V.S.A. § 304a(d), by striking out the following: “14” and inserting in lieu thereof the following: seven
Twenty-eighth: By adding a new section to be numbered Sec. 61 to read as follows:
* * * Municipal Park-and-Ride Grant Demonstration Program * * *
Sec. 61. MUNICIPAL PARK-AND-RIDE GRANT DEMONSTRATION PROGRAM
(a) The general assembly finds that with increased demand for alternative transportation choices, the need to reduce the number of single-occupancy vehicles (SOVs), and the need to reduce pollutants dispersed into the air from vehicular traffic, municipalities may need assistance with funding park-and-ride projects. Accordingly, the municipal park-and-ride grant demonstration program is hereby established.
(b) Grants awarded under this section shall be used only for preliminary engineering and construction of park-and-ride lots by municipalities. Any Vermont municipality shall be an eligible applicant. The agency of transportation shall develop an application for this demonstration program and notify eligible participants of its availability.
(c)(1) The agency of transportation shall develop criteria for approval of applications which shall include but are not limited to:
(A) The proposed site must be owned by the municipality or under long-term lease by the municipality (20 or more years);
(B) The proposed site must be on or near a state highway or a class 1 town highway;
(C) The proposed park-and-ride lot must be available for year-round commuter use;
(D) The proposed site must provide 10 or more parking spaces;
(E) The proposed site must be maintained by the municipality.
(2) Activities eligible for grant awards under this section include but are not limited to gravel surfacing, paving, lighting, and signing.
(3) When existing transit routes are present, municipalities must agree to collaborate with the public-transit providers.
(d) The sum of $100,000 is appropriated from the transportation fund to the agency of transportation for the purposes of implementing this section.
Twenty-ninth: By adding the new sections to be numbered Secs. 62, 63, and 64 to read as follows:
* * * Issuance of P.O.W., Pearl Harbor, and Purple Heart Plates * * *
Sec. 62. 23 V.S.A. § 304(e) and (j) are amended to read:
(e) The commissioner shall upon proper application, issue special number plates to former prisoners of war, Pearl Harbor veterans and recipients of the Purple Heart Medal for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. The commissioner shall determine the design of the special plates and decals. Applicants shall apply on forms prescribed by the commissioner and the applicant’s status as a former prisoner of war (P.O.W.), Pearl Harbor veteran or holder of a Purple Heart Medal shall be certified by the Veterans’ Administration or state veterans’ affairs office, respectively. The prisoner of war (P.O.W.), Pearl Harbor or Purple Heart number plates shall not be subject to fees applicable to special plates as set forth in subsection (b) of this section. The plates shall be reissued only to the original holder of the plates or the surviving spouse. The commissioner shall adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.
(j) The commissioner of motor vehicles shall, upon proper application,
issue special plates to Vermont veterans, as defined in 38 U.S.C. § 101(2), for
use only on vehicles registered at the pleasure car rate and on trucks
registered for not more than 8,099 pounds less than 26,001 pounds
and excluding vehicles registered under the International Registration Plan.
Applicants shall apply on forms prescribed by the commissioner and the
applicant’s status as a veteran shall be certified by the Vermont office of
veterans’ affairs or by other documentation as required by the commissioner. The
type and style of the veterans’ plate shall be determined by the commissioner,
except that an American flag shall appear on one side of the plate. A one-time
fee of $10.00 shall be assessed in addition to the annual fee for registration;
$5.00 of the one-time fee shall be transferred to the Vermont office of
veterans’ affairs. The plates shall be reissued only to the original holder of
the plates or the surviving spouse. Notwithstanding section 502 of Title 32,
the commissioner may charge the actual costs of production of the plates
against the fees collected and shall remit the balance to the transportation
fund. The commissioner shall adopt rules to implement the provisions of this
subsection. Except for new or renewed registrations, applications for the
issuance of veterans’ plates shall be processed in the order received by the
department subject to normal workflow considerations.
Sec. 63. 23 V.S.A. § 304b(a) is amended to read:
(a) The
commissioner shall, upon application, issue conservation registration plates
for use only on vehicles registered at the pleasure car rate and on trucks
registered for not more than 8,099 less than 26,001 pounds and
excluding vehicles registered under the International Registration Plan. Plates
so acquired, shall be mounted on the front and rear of the vehicle. The
commissioner of motor vehicles and the commissioner of fish and wildlife shall
determine the graphic design of the special plates in a manner which serves to
enhance the public awareness of the state’s interest in restoring and
protecting its nongame wildlife and major watershed areas. Applicants shall
apply on forms prescribed by the commissioner and shall pay an initial fee of
$20.00 in addition to the annual fee for registration. In following years, in
addition to the annual registration fee, the holder of a conservation plate
shall pay a renewal fee of $20.00. The commissioner shall adopt rules under
3 V.S.A. chapter 25 to implement the provisions of this subsection.
Sec. 64. 23 V.S.A. § 304c(a) is amended to read:
(a) The
commissioner shall, upon application, issue “building bright spaces for bright
futures fund,” hereinafter referred to as “the bright futures fund,”
registration plates for use only on vehicles registered at the pleasure car
rate and on trucks registered for not more than 8,099 less than
26,001 pounds and excluding vehicles registered under the International
Registration Plan. Plates so acquired shall be mounted on the front and
rear of the vehicle. The commissioner of motor vehicles shall utilize the
graphic design recommended by the commissioner of social and rehabilitation
services for the special plates to enhance the public awareness of the state’s
interest in supporting children’s services. Applicants shall apply on forms
prescribed by the commissioner of motor vehicles, and shall pay an initial fee
of $20.00 in addition to the annual fee for registration. In following years,
in addition to the annual registration fee, the holder of a bright futures fund
plate shall pay a renewal fee of $20.00. The commissioner shall adopt rules
under 3 V.S.A. chapter 25 to implement the provisions of this subsection.
Thirtieth: By adding a new section to be numbered Sec. 65 to read as follows:
* * * Use of Discarded Tires by Agency of Transportation * * *
Sec. 65. AGENCY OF TRANSPORTATION USES FOR DISCARDED TIRES
A study group consisting of the secretary of transportation or designee, the secretary of natural resources or designee, and, to be appointed by the governor, a person in the business of selling tires, a person in the business of shredding tires, the chief executive officer of a solid waste district, and a representative of the American Council of Engineering Consultants shall investigate possible uses by the agency of transportation for shredded tires. The agency of transportation shall identify a project for construction in the state fiscal year 2006 or 2007 in which shredded tires can be incorporated. The agency of transportation shall provide administrative support for the study group and shall report by January 15, 2005, to the House and Senate committees on transportation on the feasibility of institutionalizing these practices in the development of Vermont’s projects.
Thirty-first: By adding a new section to be numbered Sec. 66 to read as follows:
* * * Local Match Requirements * * *
Sec. 66. STUDY OF LOCAL MATCH REQUIREMENTS
The agency of transportation, in consultation with the Vermont League of Cities and Towns, the regional planning commissions, and the Chittenden County Metropolitan Planning Organization, shall develop a system of local match funding requirements based on the principle of functional necessity as described in this section. Design, component and materials features of a highway, bridge, or other transportation structure subject to a local match requirement that are required by state standards or that are essential to the functional integrity of the structure shall have the lowest local match requirement. All design, component and materials features that are not required by state standards and that are not essential to the functional integrity of a structure shall have a higher local match requirement. Features that are primarily aesthetic or ornamental in purpose shall have the highest local match requirement. The agency may propose one or alternative systems for consideration. Any proposed system shall, in overall structure, be consistent with but not necessarily bound by the principles described in this section. The agency shall analyze the feasibility, equity, and financial implications of any proposed system and submit its findings and recommendations to the House and Senate committees on transportation by January 15, 2005.
Thirty-second: By adding a new section to be numbered Sec. 67 to read as follows:
* * * Enhancement Grant Program * * *
Sec. 67. 19 V.S.A. § 38(e) is amended to read:
§ 38. TRANSPORTATION ENHANCEMENT GRANT PROGRAM
* * *
(e)(1) For each fiscal year starting with fiscal year 2005, the state’s enhancement grant program for the fiscal year shall be at the discretion of the secretary:
(A) at a minimum, four percent of the adjusted amount ascertained by the agency under subdivision (d)(1) of this section; and
(B) at a maximum, the adjusted amount ascertained by the agency under subdivision (d)(2) of this section.
(2) The agency shall plan
its budget accordingly and advise the general assembly in its recommended
budget of the amount of the enhancement grant program:
(A) if sufficient information is available to determine a sum certain, of the amount of the enhancement grant program; or
(B) if sufficient information is not available to determine a sum certain, the range within which the agency estimates the size of the enhancement grant program will be.
Thirty-third: By adding a new section to be numbered Sec. 68 to read as follows:
* * * Maintenance - Smart Carts * * *
Sec. 68. MAINTENANCE
Total authorized spending in the maintenance program is increased by the sum of $100,000.00 in transportation funds for the purchase of nine vehicle speed indicator smart carts which shall be distributed for use by the maintenance districts. The maintenance districts shall cooperate with municipalities to allow use of the carts at municipal project sites.
Thirty-fourth: By adding a new section to be numbered Sec. 69 to read as follows:
* * * Program Development * * *
Sec. 69. PROGRAM DEVELOPMENT
Total authorized spending in program development is reduced by the sum of $300,000 in transportation funds. These funds are anticipated to be restored as provided in Sec. 56 of this act. To the extent the funds are not restored, the secretary is authorized to reduce spending on program development projects as required.
Thirty-fifth: By adding three new sections to be numbered Secs. 70, 71 and 72 to read as follows:
* * Railroad Trespass * * *
Sec. 70. 5 V.S.A. § 3646 is amended to read:
3646. Driving
animals or vehicle within fences on
railroad; damages; penalty OPERATING MOTORIZED VEHICLES ON A RAILROAD
RIGHT-OF-WAY; CIVIL VIOLATION
A person who rides,
leads or drives a horse or other animal or operates a motor vehicle or a
snowmobile upon a railroad, and within such fences and guards, other than at
road and farm crossings, without the consent of the corporation shall forfeit
not more than $50.00 to be recovered by the corporation in an action on this
statute, and shall also pay the damages sustained thereby to the party
aggrieved.
Operation without lawful authority of a motor vehicle, snowmobile, motorcycle, or all-terrain vehicle on a railroad right-of-way, including track, or a bridge, overpass, or any structure carrying a track within the right-of-way, other than within the limits of a highway or other authorized crossing at grade, shall be a civil violation with a penalty of $300.00.
Sec. 71. 4 V.S.A. § 1102(b) is amended to read:
(b) The judicial bureau shall have jurisdiction of the following matters:
* * *
(7) violations
of 16 V.S.A. § chapter 1, subchapter 9, relating to hazing; and
(8) violations
of 20 V.S.A. §§2056a, 2056b and 2056c, relating to unauthorized disclosure of
criminal record information.;
(9) violations
of 7 V.S.A. § 656, relating to illegal possession of alcoholic beverages.;
(10) violations under 7 V.S.A. § 658(c)(1), relating to an employee of a second class licensee selling alcohol to a minor during a compliance check;
(11) violations under 5 V.S.A. § 3646, relating to operation of motorized vehicles on a railroad right of way after January 1, 2005.
Sec. 72. PUBLIC INFORMATION CAMPAIGN
The agency of transportation in conjunction with the Governors Highway Safety Council the Railroad Association of Vermont and Vermont Operation Lifesaver shall develop a public education campaign about the dangers and consequences of trespassing on railroad property. Interested parties shall be invited to participate in this process including, but not limited to, Federal Railroad Administration, Association of American Railroads, Association of Shortline and regional Railroads, Amtrak, Department of Homeland Security, Department of Public Safety, Department of Sheriff and State’s Attorneys, Department of Fish and Wildlife, Department of Health, Department of Education, Vermont Police Association, Vermont Association of Chiefs of Police, Vermont Sheriffs Association, Vermont Coalition of Fire and Emergency Services, Vermont Association of Snow Travelers, Vermont Federation of Sportsmen, and Vermont All-Terrain Vehicle Sportsmen’s Association.
And by renumbering the remaining section to be Sec. 73
(Committee Vote: 6-0-0)
(For House amendments, see House Journal for March 25, 2004, page 497; March 26, 2004, page 505.)
ORDERED TO LIE
S. 91
An act relating to limiting the application of granular fertilizers to nonagricultural turf.
PENDING QUESTION: Shall the bill be amended as recommended by Sen. MacDonald?
(For text of amendment, see Senate Journal for April 1, 2004, page 507).
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.
CONCURRENT RESOLUTIONS FOR NOTICE
The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day. Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.
S.C.R. 54.
Senate concurrent resolution congratulating Parent to Parent of Vermont on the occasion of its 20th anniversary.
S.C.R. 55
Senate concurrent resolution honoring Benjamin G. Andrews of Ferrisburgh and Troop #625 on becoming an Eagle Scout.
S.C.R. 56.
Senate concurrent resolution honoring Kyle D. Burket of North Ferrisburgh and Troop #625 on becoming an Eagle Scout.
H.C.R. 253.
House concurrent resolution congratulating Northfield Fire Chief William C. Lyon on his nomination as a hometown hero.
H.C.R. 254.
House concurrent resolution congratulating Dr. John LaRock on his receipt of an American Red Cross Central Vermont Chapter’s Hometown Hero Community Impact Award for education/training.
H.C.R. 255.
House concurrent resolution congratulating Gail Norman on her receipt of an American Red Cross Central Vermont Chapter’s Hometown Hero Community Impact Award for animal rescue.
H.C.R. 256.
House concurrent resolution congratulating the 2004 Essex High School Hornets Division I state championship ice hockey team.
H.C.R. 257.
House concurrent resolution congratulating the 2004 Essex High School Hornets Division I state championship cheerleading team.
H.C.R. 258.
House concurrent resolution congratulating the 2004 Middlebury College NESCAC and NCAA Division III championship men’s ice hockey team.
H.C.R. 259.
House concurrent resolution congratulating the 2004 Middlebury College Panthers NCAA Division III championship women’s ice hockey team.
H.C.R. 260.
House concurrent resolution in memory of Dr. Wilfrid Louis Thabault.
H.C.R. 261.
House concurrent resolution welcoming home U.S. Army Reserve’s C Company of the 368th Engineering Battalion.
H.C.R. 262.
House concurrent resolution honoring Lorraine Neal for her 30 years of providing outstanding dance instruction and youth performance opportunities in central Vermont.
H.C.R. 263.
House concurrent resolution in memory of Berkeley Valerius Bennett of New Haven Mills.
H.C.R. 264.
House concurrent resolution congratulating radio station WOKO “The Big Station” for its continuing support of Vermonters serving in Operation Iraqi Freedom, their families, and Vermont’s military veterans.
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)
Polly Billings of Woodstock – Member of the Capitol Complex Commission – By Sen. Dunne for the Committee on Institutions. (4/1)
John Zampieri of South Ryegate – Member of the Labor Relations Board – By Sen. Dunne for the Committee on Economic Development, Housing and General Affairs. (4/1)
Thomas Johnson of Dummerston – Member of the Vermont State Housing Authority – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs. (4/1)
Thomas Scala of Brattleboro – Member of the Vermont Lottery Commission – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs. (4/1)
Christine Hart of Brattleboro – Member of the Vermont Housing and Conservation Board – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs. (4/1)
Virginia Barry of Barre – Member of the Vermont Lottery Commission – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs. (4/1)
Kenneth Perine of Middlebury – Member of the Vermont Housing and Conservation Board – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs. (4/1)
Allen Robinson of Burlington – Member of the Vermont State Housing Authority – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs. (4/1)
Julie P. Bressor of Montpelier – Member of the Capitol Complex Commission – By Sen. Dunne for the Committee on Institutions. (4/7)
Randolph D. Brock of St. Albans – Member of the Vermont Educational & Health Buildings Financing Agency – By Sen. Gander for the Committee on Finance. (4/7)
Ethan Allen, Jr. of Williston – Member of the Vermont Educational & Health Buildings Financing Agency – By Sen. Shepard for the Committee on Finance. (4/9)