House Calendar

WEDNESDAY, MARCH 1, 2006

58th DAY OF ADJOURNED SESSION

House Convenes at 1:15  PM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Action Postponed Until March 1, 2006

H. 480  Precursor drugs of Methamphetamine............................................... 735

               Rep. Pugh for Human Services       

               Rep. Grad for Judiciary.................................................................... 738

Third Reading

H.  33   The Uniform Mediation Act............................................................... 738

H. 306  Transportation for Children in State Custody...................................... 738

H. 447  Municipal Regulation of Firearms, Hunting, Fishing, Trapping............. 739

               Rep. Koch Amendment................................................................... 739

H. 677  Boards and Hearing Panels for Professional Educators....................    739

H. 864  Capital Construction and State Bonding............................................. 739

H. 865  Relating to Nondiscrimination............................................................ 739

               Rep. Lippert Amendment................................................................. 739

Favorable with Amendment

H. 701  Ancient roads.................................................................................... 739                                Rep. Howard for Transportation  739

               Rep. Hutchinson for Government Operations.................................... 740

               Rep. Helm for Appropriations.......................................................... 750

NOTICE CALENDAR

Favorable with Amendment

H. 766  Real Estate Transfer/Fraudulent Conveyance..................................... 750

               Rep. Marcotte for Commerce

H. 861  Health Care Affordability for Vermonters........................................... 753

                   Rep. Chen for Health Care

                   Rep. Ancel for Ways and Means................................................. 753

                   Rep. Larson for Appropriations................................................... 758

Favorable

H. 776  Appropriation for Community Development....................................... 758

               Rep. Condon for Commerce

Senate Proposals of Amendment

H. 248  Registration of Lobbyists................................................................... 759

H. 579  Vermont Service Medals................................................................... 765

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Action Postponed Until Wednesday, March 1, 2006

H. 480

     An act relating to precursor drugs of methamphetamine.

Rep. Pugh of South Burlington, for the Committee on Human Services, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  4  V.S.A. § 1102 is amended to read:      

§ 1102. JUDICIAL BUREAU; JURISDICTION

(a) A judicial bureau is created within the judicial branch under the supervision of the supreme court.

(b) The judicial bureau shall have jurisdiction of the following matters:

* * *

(10) violations under subdivision 658(c)(1) of Title 7, relating to an employee of a second class licensee selling alcohol to a minor during a compliance check.;

(11)  violations of 18 V.S.A. § 4234b(b), relating to selling and dispensing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers.

* * *

Sec. 2.  18 V.S.A. § 4234b is added to read:

§ 4234b.  EPHEDRINE AND PSEUDOEPHEDRINE

(a)  Possession.

(1)  No person shall knowingly and unlawfully possess a drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.

(2)  A person who violates this subsection shall:

(A)  if the offense involves possession of less than nine grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, be  imprisoned not more than one year or fined not more than $2,000.00, or both;

(B)  if the offense involves possession of nine or more grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, be  imprisoned not more than five years or fined not more than $100,000.00, or both.

(b)  Selling and dispensing.

(1)  A drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall not be distributed at retail to the general public unless it is maintained in a locked display case or behind the counter out of the public’s reach.

(2)(A)  A retail establishment shall not knowingly dispense to a person within a 30‑day period any drug product or combination of drug products containing a total of nine or more grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers.

(B)  A retail establishment shall not knowingly dispense to a person within a 24-hour period any drug product or combination of drug products containing a total of more than 3.6 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers.

(C)  This subdivision shall not apply to drug products dispensed pursuant to a valid prescription.

(3)(A)  A retail establishment shall require that a person who purchases, receives, or otherwise acquires any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts, isomers, or salts of isomers:

(i)  produce a government-issued identification; and

(ii)  sign a written or electronic log or receipt showing the person’s name, the date of the transaction, and the amount of the compound, mixture, or preparation involved in the transaction, if the amount is greater than 1.44 grams.

(B)  The records required by this subdivision shall be readily retrievable and separate from all other invoices or records of transactions and maintained for not less than three years.

(4)  A person or business which violates this subdivision shall:

(A)  for a first violation be assessed a civil penalty of not more than $100.00.

(B)  for a second and subsequent violation be assessed a civil penalty of not more than $500.00.

(c)  This section shall not apply to any compounds, mixtures, or preparations containing pseudoephedrine which are in liquid, liquid capsule, or gel capsule form if pseudoephedrine is not the only active ingredient, unless the commissioner adopts a rule making this section applicable to those forms after finding that there is a risk that such products may be used as precursors to methamphetamine.  

(d)(1)  A manufacturer may apply to the commissioner of health to exempt a drug product from this section.  The commissioner may grant the exemption if the commissioner finds the product:

(A)  is not used in the illegal manufacture of methamphetamine or other regulated drugs; or

(B)  has been formulated to prevent the conversion of the product’s active ingredient into methamphetamine.

(2)  The commissioner may adopt rules to implement this subsection.

(e)  As used in this section:

(1)  “Distributor” means a person, other than a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes a drug product to any person who is not the ultimate user or consumer of the product.

(2)  “Knowingly” means having actual knowledge of the relevant facts.

(3)  “Manufacturer” means a person who produces, compounds, packages, or in any manner initially prepares a drug product for sale or use.

(4)  “Readily retrievable” means available for inspection without prior notice at the registration address if that address is within the state of Vermont.  If the registration address is in a state other than Vermont, it means records must be furnished within three working days.

(5)  “Wholesaler” means a person, other than a manufacturer, who sells, transfers, or in any manner furnishes a drug product to any other person for the purpose of being resold.

Sec. 3.  EDUCATION PROGRAM; TREATMENT AVAILABILITY EVALUATION; REPORT

(a)  The department of health shall develop a publicity and education program to explain the need for change in public access to methamphetamine precursors.  The program shall include, at a minimum the following components:

(1)  The publication of brochures and posters explaining the dangers of methamphetamine, the requirements of this act, and the need for placing restrictions on public access to methamphetamine precursors and for requiring that a log be signed when the precursors are purchased. The department shall make the brochures published pursuant to this subsection available to the public.  The posters published pursuant to this subsection shall be made available to all retail establishments which make methamphetamine precursors available for sale.

(2)  A coalition to educate the public and disseminate information about methamphetamine and its precursors, to evaluate current treatment opportunities for individuals abusing methamphetamine, and to recommend legislative changes to combat the dangers posed by methamphetamine abuse and production.

(b)  On or before January 15, 2007, the department shall report on the status and components of the education program developed pursuant to this section and on the coalition’s evaluation of treatment opportunities for methamphetamine and recommendations for legislative action to the house committee on human services and the senate committee on health and welfare.

Sec. 4.  EFFECTIVE DATE

This act shall take effect on September 1, 2006.                                                                                                         

(Committee vote: 10-0-1)

Rep. Grad of Moretown, for the Committee on Judiciary, recommends the bill ought to pass when amended as recommended by the Committee on Human Services and when further amended as follows:

In Sec. 2, subsection 4234b(e) of 18 V.S.A., by inserting a new subdivision (1) to read as follows:

(1)  “Commissioner” means the commissioner of health.

and by renumbering the remaining subdivisions to be numerically correct.

(Committee vote: 10-0-1)

Third Reading

H. 33

     An  act relating to the uniform mediation act.

H. 306

     An  act relating to transportation of children in the custody of the state.

 

H. 447

     An act relating to municipal regulation of firearms  and hunting, fishing, and trapping.

     Amendment to be offered by Rep. Koch of Barre Town to H. 477

     Moves the bill be amended in Sec. 1 by striking the phrase “a neighboring property” where it appears in 10 V.S.A. § 5227(e)(2) and inserting in lieu thereof the surrounding neighborhood

H. 677

     An act relating to standards board and licensing hearing panels for professional educators.

H. 864

An act relating to capital construction and state bonding.

H. 865

An act relating to nondiscrimination.

Amendment to be offered by Rep. Lippert of Hinesburg to H. 865

Moves to amend the bill in Sec. 21, § 1621 of 21 V.S.A., by striking subdivision (b)(8) in its entirety and inserting in lieu thereof a new subdivision (b)(8) to read as follows:

(8)  Compulsory membership; employees' rights. A labor organization entering into an agreement requiring a person's membership therein as a condition of employment by the employer shall not:

(A)  discriminate against a person seeking or holding membership therein on account of race, color, disability, religion, creed, sex, sexual orientation, gender identity or expression, age, or national origin.

(B)  penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the state of Vermont;.

(C)  cause the discharge from employment of employees who refuse membership therein because of religious beliefs.

Favorable with Amendment

H. 701

     An act relating to ancient roads to be known as identified corridors;

(Rep. Howard of Rutland City for the Committee on Transportation)

Rep. Hutchinson of Randolph, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following”

Sec. 1.  19 V.S.A. § 302 is amended to read:

§ 302.  CLASSIFICATION OF TOWN HIGHWAYS

(a)  For the purposes of this section and receiving state aid, all town highways shall be categorized into one or another of the following classes:

(1)  Class 1 town highways are those town highways which form the extension of a state highway route and which carry a state highway route number.  The agency shall determine which highways are to be class 1 highways.

(2)  Class 2 town highways are those town highways selected as the most important highways in each town.  As far as practicable they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places which by their nature have more than normal amount of traffic.  The selectmen, with the approval of the agency, shall determine which highways are to be class 2 highways.

(3)  Class 3 town highways:

(A)  Class 3 town highways are all traveled town highways other than class 1 or 2 highways.  The selectmen, after conference with a representative of the agency shall determine which highways are class 3 town highways.

(B)  The minimum standards for class 3 highways are a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car.  This would include but not be limited to sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should be plowed and made negotiable during the winter.  However, a property owner aggrieved by a decision of the selectboard may appeal to the transportation board pursuant to subdivision 5(d)(8) of this title.

(C)  A highway not meeting these standards may be reclassified as a provisional class 3 highway if within five years of the determination, it will meet all class 3 highway standards.

(4)  Class 4 town highways are all other town highways that are not class 1, 2, or 3 town highways or unidentified corridors.  The selectmen shall determine which highways are class 4 town highways.

(5)  Trails shall not be considered highways and the town shall not be responsible for any maintenance including culverts and bridges.

(6)  Unidentified corridors.

(A)  Unidentified corridors are town highways that:

(i)  have been laid out as a highway by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii)  do not, as of July 1, 2008, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii)  are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv)  are not legal trails.

(B)  If the conditions in subdivisions (A)(i) and (A)(ii) of this subdivision (6) are met, the legislative body of a municipality or its appointee may, after providing 14 days’ advance written notice to the owners of the land upon which the unidentified corridor is located, enter private property to determine whether clearly observable physical evidence exists.

(C)  Unidentified corridors shall be open to use by the public, but only in the same manner as they were used during the 10 years prior to January 1, 2006.

(D)  A municipality shall not be responsible for maintenance of an unidentified corridor.

(E)  Neither the municipality nor any person owning a legal interest in land through which an unidentified corridor may pass or abut shall have a duty of care to persons using the corridor.

(F)  An unidentified corridor shall not be deemed to be a subdivision with respect to zoning, tax, and septic issues.

(G)  After July 1, 2011, an unidentified corridor shall be discontinued and the right-of-way shall belong to the owner of the adjoining land.  If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(7)  Reclassification of unidentified corridors.  On or by July 1, 2011 and pursuant to subchapter 2 of chapter 7 of this title, an unidentified corridor may be reclassified as a class 1, 2, 3, or 4 highway or as a trail. 

(b)  The agency may require any municipality which fails to comply with the class 3 provisional commitments to return all state aid generated by the section or sections of highways involved.

Sec. 2.  19 V.S.A. § 305 is amended to read:

§ 305.  MEASUREMENT AND INSPECTION

(a)  After reasonable notice to the selectboard, a representative of the agency may measure and inspect the class 1, 2, and 3 town highways in each town to verify the accuracy of the records on file with the agency.  Upon request, the selectboard or their designee shall be permitted to accompany the representative of the agency during the measurement and inspection.  The agency shall notify the town when any highway, or portion of a highway, does not meet the standards for its assigned class.  If the town fails, within one year, to restore the highway or portion of the highway to the accepted standard, or to reclassify, or to discontinue, or develop an acceptable schedule for restoring to the accepted standards, the agency for purposes of apportionment under section 306 of this title shall deduct the affected mileage from that assigned to the town for the particular class of the road in question.

(b)  Annually, on or before February 10, the selectboard shall file with the town clerk a sworn statement of the description and measurements of all class 1, 2, and 3, and 4 town highways and trails, then in existence, including any special designation such as a throughway or scenic highway.  When class 1, 2, or 3, or 4 town highways, trails, or unidentified corridors are accepted, discontinued, or reclassified, a copy of the proceedings shall be filed in the town clerk’s office and a copy shall be forwarded to the agency.  All class 1, 2, 3, and 4 town highways and trails shall appear on the town highway maps by July 1, 2011.

(c)  The agency shall not accept any change in mileage until the records required to be filed in the town clerk’s office by this section are received by the agency.  A request by a municipality to the agency for a change in mileage shall include a description of the affected highway or trail, a copy of any surveys of the affected highway or trail, minutes of meetings at which the legislative body took action with respect to the changes, and a current town highway map with the requested deletions and additions sketched on it.  A survey shall not be required for class 4 town highways prior to February 10, 2006.  All records filed with the agency are subject to verification in accordance with subsection (a) of this section.

(d)  The selectboard of any town who are aggrieved by a finding of the agency concerning the measurement, description or classification of a town highway may appeal to the transportation board by filing a notice of appeal with the executive secretary of the transportation board.

(e)  Upon request, the The agency shall provide each town with a map of all of the highways in that town together with the mileage of each class 1, 2 and 3 highway and such other information as the agency deems appropriate.

(f)  Notwithstanding the provisions of subchapter 7 of chapter 7 of Title 19, on or before July 1, 2008, a municipality’s legislative body may vote to discontinue all town highways not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk pursuant to subsection (b) of this section on February 10 of that year.

(g)(1)  Prior to a vote to discontinue town highways provided in subsection (f) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 30 days prior to the hearing in at least two public places within the municipality and in the town clerk’s office.  The notice shall include the most recently available map of all town highways prepared by the agency of transportation pursuant to subsection (e) of this section.  At least 30 days prior to the hearing, the legislative body shall also deliver the warning and map together with proof of receipt or mail by certified mail, return receipt requested, to each of the following:

(A)  The chair of any municipal planning commission in the municipality;

(B)  The chair of the legislative body of each abutting municipality;

(C)  The executive director of the regional planning commission of the area in which the municipality is located; and

(D)  The commissioner of forest, parks and recreation.

(2)  The hearing shall be held within the 10 days preceding the meeting at which the highways will be discontinued.

(h)  The legislative body may designate a specific highway or portion thereof proposed to be discontinued as a trail, in which case the right-of-way shall be continued at the same width.  A designation of a highway or portion thereof as a trail under the provisions of this section shall be in writing setting forth a complete description of the highway or portion thereof so designated.  For all highways not designated as a trail and discontinued pursuant to this section, title to the rights‑of‑way shall belong to the owners of the abutting lands.  If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.  The legislative body shall return a report of its actions to the town clerk’s office and the agency of transportation.

(i)  A vote to discontinue all town highways not included as such on the sworn certificate of the description and measurement of town highways may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose pursuant to a petition that is:

(1)  signed by not less than five percent of the qualified voters of the municipality; and

(2)  presented to the legislative body or the clerk of the municipality within 44 days following the vote taken pursuant to subsection (f) of this section.

(j)  When a petition is submitted in accordance with subsection (i) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition, or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period, to determine whether the voters will disapprove the ordinance or rule.

(k)  No fewer than two copies of a notice that the legislative body has voted to discontinue all town highways not included as such on the sworn certificate of the description and measurement of town highways shall be posted at each polling place during the hours of voting, and copies thereof shall be made available to voters at the polls upon request.

(l)  If a petition for an annual or a special meeting is duly submitted in accordance with this section to determine whether the vote of the legislative body to discontinue all town highways not included as such on the sworn certificate of the description and measurement of town highways shall be disapproved by the voters of the municipality, the discontinuance shall take effect on the conclusion of the meeting or at such later date as is specified in the discontinuance unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the discontinuance, in which event it shall not take effect.

Sec. 3.  19 V.S.A. § 708(a) is amended to read:

(a)  Persons who are either voters or landowners, and whose number is at least five percent of the voters, in a town, desiring to have a highway laid out, altered, reclassified, or discontinued, may apply by petition in writing to the selectmen selectboard for that purpose.  A person who is a landowner in a town, desiring to have an unidentified corridor discontinued, may apply in writing to the selectboard for that purpose.  The selectmen selectboard may also initiate these proceedings on their its own motion.

Sec. 4.  19 V.S.A. § 717 is amended to read:

§ 717.  EVIDENCE OF HIGHWAY COMPLETION OR

           DISCONTINUANCE

(a)  The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.

(b)  A town or county highway that has not been kept passable for use by the general public for motorized travel at the expense of the municipality for a period of 30 or more consecutive years following a final determination to discontinue the highway shall be presumed to have been effectively discontinued.  This presumption of discontinuance may be rebutted by evidence that manifests a clear inte nt by the municipality or county and the public to consider or use the way as a highway.  The presumption of discontinuance shall not be rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the highway as if it were a public right‑of‑way. 

(c)  A person whose sole means of access to a parcel of land or portion thereof owned by that person is by way of a town highway or unidentified corridor that is subsequently discontinued shall retain a private right-of-way over the former town highway or unidentified corridor for any necessary access to the parcel of land or portion thereof and maintenance of his or her right-of-way.

Sec. 5.  19 V.S.A. § 740 is amended to read:

§ 740.  PETITION

(a)  When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members, objects to the necessity of taking the land, or is dissatisfied with the laying out, altering or resurveying of the highway, or with the compensation for damages, he or she may appeal, in the manner provided for state agencies subject to the Administrative Procedure Act (3 V.S.A. chapter 25) accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the superior court in the same county, or in either county when the highway or bridge is in two counties.  Any number of aggrieved persons may join in the appeal.  The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded.  JDIf the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken.  Each of the appellants shall be entitled to a trial by jury on the question of damages.

(b)  The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title.

Sec. 6.  19 V.S.A. § 771 is amended to read:

§ 771.  PROCEDURE

(a)  The selectmen legislative body of a municipality may discontinue a town highway or bridge wholly within the town after following the procedures of sections 708-711 of this title.  The selectmen of two or more towns may discontinue a highway continuing into each of the towns by individually following the same procedure.  The public hearing may be jointly held if the selectmen agree.  If the decision is not the same in all towns involved, the superior court shall be petitioned to resolve the issue.  If two or more counties are involved then the petition can be presented to the court in the county having the greatest share of mileage involved.  The commissioners appointed to discontinue a highway or bridge shall be disinterested landowners who are not those appointed to lay out the highway or bridge. A decree or order made by the commissioners under the provisions of this section may be reviewed by the superior court under the same conditions and the same proceedings as are provided for the laying out of highways.  The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the supreme court, a committee of the general assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.

(b)  Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the secretary of transportation.

(c)  Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality.  If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the transportation board pursuant to subdivision 5(d)(8) of this title.

Sec. 7.  REPEAL

19 V.S.A. §§ 773 (county highways) and 774 (highways ordered by general assembly) are repealed.

Sec. 8.  19 V.S.A. § 5(d)(8) is amended to read:

(d)  The board shall:

(8)  hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title; and

Sec. 9.  24 V.S.A. § 4306 is amended to read:

§ 4306.  MUNICIPAL AND REGIONAL PLANNING FUND

* * *

(b)  Disbursement to regional planning commissions shall be according to a formula to be adopted by rule under chapter 25 of Title 3 by the department for the assistance of the regional planning commissions.  The rules shall give due consideration to the region’s progress in adopting a regional plan.  Disbursement to municipalities shall be through a competitive program administered by the department providing the opportunity for any eligible municipality or municipalities to compete regardless of size, provided that to receive funds, a municipality:

(1)  Shall be confirmed under section 4350 of this title; or

(2)(A)  Shall use the funds for the purpose of developing a municipal plan to be submitted for approval by the regional planning commission, as required for municipal confirmation under section 4350 of this title; and

(B)  Shall have voted at an annual or special meeting to provide local funds for municipal and regional planning purposes; or

(3)  That lacks a municipal plan shall use the funds exclusively to research and map town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of Title 19.

* * *

(d)  The department of housing and community affairs shall establish priorities to govern $100,000 in disbursements to municipalities from the fund.  Priorities shall include municipal mapping of town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of Title 19.

Sec. 10.  Sec. 253 of No. 71 of the Acts of 2005 is amended to read:

Sec. 253.  APPROPRIATIONS; PROPERTY TRANSFER TAX

(a)  This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax.  Expenditures from these appropriations shall not exceed available revenues:

(1)  Notwithstanding Sec. 273 of No. 122 of the Acts of the 2003 Adj. Sess (2004), the sum of $288,000 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program.  Notwithstanding 32 V.S.A. § 9610(c), amounts above $288,000 from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund.

(2)  The sum of $13,171,180 is appropriated from the Vermont housing and conservation trust fund to the Vermont housing and conservation trust board. Notwithstanding 10 V.S.A. § 312, amounts above $13,171,180 from the property transfer tax that are deposited into the Vermont housing and conservation trust fund shall be transferred into the general fund.

(3)  The sum of $3,939,566  $4,039,566 is appropriated from the municipal and regional planning fund.  Notwithstanding 24 V.S.A. § 4306(a), amounts above $3,939,566   $4,039,566 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund.  The $3,939,566  $4,039,566 shall be allocated as follows:

(A)  The sum of $2,757,696 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);

(B)  The sum of $787,913 $887,913 for disbursement grants to municipalities shall be disbursed in a manner consistent with 24 V.S.A. § 4306(b) and priority for four years may be given to municipalities for the purpose of mapping town highways;

(C)  The sum of $393,957 to the Vermont center for geographic information.

* * *

Sec. 11.  TRANSITIONAL PROVISIONS

To ensure that all of its class 1, 2, 3, and 4 town highways and trails appear on the town highway map by July 1, 2011, a municipality shall submit its requested changes with supporting documentation to the agency of transportation by March 15, 2010.  On or before September 1, 2010, the agency of transportation shall provide each municipality which has requested changes with a proof copy of the proposed new town highway map.  On or before December 31, 2010, a municipality shall notify the agency of transportation of any apparent errors or omissions in the proof copy of the proposed new town highway map.

Sec. 12.  REPORTS; AGENCY OF TRANSPORTATION; COURT

ADMINISTRATOR

(a)  The agency of transportation shall file a report with the general assembly annually on February 15, which:

(1)  evaluates the effectiveness of this act;

(2)  recommends additional measures necessary to meet the goals of this act;

(3)  identifies which municipalities have mapped all of their town highways and trails; and

(4)  identifies which municipalities availed themselves of the provisions of 19 V.S.A. § 305(g) relating to mass discontinuances of unidentified corridors.

(b)  The court administrator shall file a report with general assembly annually on January 1 which describes the number of cases pending and outcomes of any final resolution of litigation involving unidentified corridors. 

(c)  The department of housing and community affairs shall file a report with the general assembly annually on January 1 of:

(1)  the number of applicants for disbursements from the municipal and regional planning fund;

(2)  the number of towns that have received disbursements from the fund; and

(3)  the amount of each disbursement.

Sec. 13.  SUNSET

Subdivision 4306(b)(3) of Title 24 (disbursements from municipal and regional planning fund for the researching and mapping of town highways, trails, and unidentified corridors); subsection 4306(d) of Title 24 (priorities for disbursements from the municipal regional and planning fund); and Sec. 12 of this act (agency reports) are repealed on July 2, 2011.

Sec. 14.  EFFECTIVE DATE

This section and Sec. 10 of this act shall take effect from passage and the remainder shall take effect July 1, 2006.

and that the bill be further amended by amending the title of the bill as follows: “AN ACT RELATING TO UNIDENTIFIED CORRIDORS”

(Committee vote: 10-0-1)

     Rep. Helm of Castleton, for the Committee on Appropriations, recommends that the bill ought to pass when amended as recommended by the Committee on Government Operations, and when further amended as follows:

First:  In Sec. 9, 24 V.S.A. § 4306, by striking subsection (d) in its entirety

Second:  By striking Sec. 10 in its entirety and inserting in lieu thereof a new Sec. 10 to read as follows:

Sec. 10.  APPROPRIATIONS; PROPERTY TRANSFER TAX

(a) The amount of $100,000 in transportation funds is transferred from the department of buildings and general services in fiscal year 2007 to the municipal and regional planning fund to be used exclusively for grants to municipalities to research and map town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of title 19.

(b) At the close of FY 2006, any property transfer tax revenues above $46,400,000, not to exceed $400,000, shall be deposited into the municipal and regional planning fund to be used exclusively for grants to municipalities to research and map town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of title 19.

(Committee vote: 10-0-1)

NOTICE CALENDAR

H. 766

     An act relating to real estate transfer pursuant to strict foreclosue not voidable as fraudulent conveyance.

Rep. Marcotte of Coventry, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  9 V.S.A. § 2292(e) is amended to read:

(e)  A transfer is not voidable under subdivision (a)(2) of section 2288 2288(a)(2) or section 2289 of this title if the transfer results from:

(1)  termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(2)  enforcement of a security interest in compliance with Article 9 of Title 9A; or

(3)  foreclosure of a mortgage in compliance with subchapter 6 of chapter 163 of Title 12.

Sec. 2.  12 V.S.A. § 4524 is amended to read:

§ 4524.  SUPPLEMENTAL JUDGMENT JOINING PARTIES; RECORDING

At any time, without further notice or service on the purchaser, or mortgage or lien holder, lienholder whose interest in the property being foreclosed first arose after the filing of the complaint in the town clerk’s office, and upon filing certified copies of the deed, mortgage, or attachment with the clerk of the court by the plaintiff in the foreclosure action, any superior judge may sign a supplemental judgment specifically naming that party.  Reference to the deed, mortgage, or lien and the supplemental judgment may be filed in the town clerk’s office for record, and it shall have the same force and effect as though that person had been made a party defendant in the original action.

Sec. 3.  12 V.S.A. § 4528 is amended to read:

§ 4528.  DECREE FORECLOSING EQUITY OF REDEMPTION; WRIT OF

  POSSESSION

(a)  If a decree is made foreclosing the right of redemption, the time of redemption shall be established by the court before which the foreclosure is proceeding and shall not be less than three business days nor more than six months from the date of the decree unless a shorter time is orderedThe court shall fix the period of redemption taking into consideration whether there is substantial value in the property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the property, the mortgagor’s efforts and capacity to preserve its value, and any other equities. 

(b)  If the premises are not redeemed agreeably to the decree, the clerk of the court may shall issue a writ of possession at the plaintiff’s request.  Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings.  Where the premises are occupied by a residential tenant, the writ shall be served on the tenant, and no sooner than 30 days after the writ is served, the plaintiff shall be placed in possession of the property without further proceedings.  No decree of strict foreclosure shall be issued absent a finding by the court based on competent evidence presented by the party seeking such decree that there is no substantial value in the property in excess of the mortgage debt found by the court to be due to the plaintiff, plus assessed but unpaid property taxes due on the property.

(c)  For the purposes of this section, “value” is defined as fair market value less all reasonable expenses that would be incurred in selling the property.

Sec. 4.  12 V.S.A. § 4530 is amended to read:

§ 4530.  REDEMPTION IF COPY NOT RECORDED

(a)  Such foreclosure The expiration of the right of redemption under the decree shall not transfer the title to such lands as against foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4523 of this chapter, unless such copy of record or such decree or copy thereof is thus left for record the plaintiff complies with section 4529 of this title or records in the land records a certified copy of the judgment, or is afterwards and prior to the acquiring of any interest in or lien on the lands by a purchaser, mortgagee, or attaching creditor, left for record in like manner.  If not thus left for record, such lands shall be subject to redemption by subsequent purchasers, mortgagees or attaching creditors, as though the time of redemption had not expired.

(b)  If the certified copy of the judgment is not recorded within the time period specified in section 4529 of this chapter or prior to the acquisition of an interest in the lands being foreclosed, upon motion by a plaintiff or a party intervening in the action to assert a right of redemption as a result of the late recording of the certified copy of the judgment, the court before which the foreclosure is proceeding may establish a right of redemption for the party asserting a right under this subsection.  No party whose right to redeem has expired under the terms of the judgment shall be granted an additional right to redeem, nor shall any previously expired right of redemption be reinstated in a proceeding under this section.

Sec. 5.  12 V.S.A. § 4531 is amended to read:

§ 4531.  STRICT FORECLOSURE EXCEPTION

(a)  All liens and mortgages affecting real property may, on the written motion of any party to any suit for foreclosure of such liens or mortgages, or at the discretion of the court before which the foreclosure proceedings are pending, be foreclosed by a judicial foreclosure sale, even if the mortgage does not contain a sale provision instead of a strict foreclosure.

(b)  In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if said premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of the proceeds therefrom.

(Committee vote: 11-0-0)

Favorable with Amendment

H. 861

An act relating to health care affordability for Vermonters.

(Rep. Chen of Mendon  will speak for the Committee on Health Care.)

Rep. Ancel of Calais, for the Committee on Ways and Means, recommends the bill be amended as follows:

First:  In Sec. 5, in subdivision 702(d)(2) of Title 18, on page 10, line 11, after the words “statewide participation”, by inserting the words “in the blueprint for health

Second:  In Sec. 14, on page 27, following line 7, by inserting § 2027 to read:

§ 2027.  Catamount Fund

(a)  The catamount fund is established in the treasury as a special fund to be a source of financing for catamount health.

(b)  Into the fund shall be deposited:

(1)  transfers of receipts received as strategic payments under the Master Tobacco Settlement Agreement from the tobacco litigation settlement fund as provided for in section 425a of Title 32;

(2)  22 percent of the revenue from the cigarette tax levied pursuant to chapter 205 of Title 32; and

(3)  the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the general assembly.

(c)  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.  The agency shall maintain records indicating the amount of money in the fund at any time.

(d)  All monies received by or generated to the fund shall be used only as allowed by appropriation of the general assembly for the administration and delivery of catamount health and transfers to the state health care resources fund established in section 1901d of this title.

Third:  In Sec. 15, on page 28, line 9, subdivision (8), by striking “$310.00 per month” and inserting in lieu thereof “the actual cost of catamount health, which for fiscal year 2008 is estimated at $310.00 per month

Fourth:  In Sec. 16, on page 28, line 12, following the words “proposed rules”, by inserting the following:  “, developed under chapter 25 of Title 3,”; in line 17, by striking the words “legislative committee on rules” and inserting in lieu thereof the following: “joint legislative committee on administrative rules”; and on page 29, following line 5, by inserting a subsection (c) to read:

(c)  The agency shall submit annual reports on the receipts, expenditures, and balances in the catamount fund established in section 2027 of Title 33 to the joint fiscal committee at its September meeting.

Fifth:  By inserting Secs. 17a through 17h to read:

Sec. 17a.  FUND TRANSFERS

Notwithstanding section 2027 of Title 33, up to $10,000,000.00 of any balance remaining in the catamount fund at the end of fiscal years 2007 and 2008 shall be transferred to the state health care resources fund established in section 1901d of Title 33.

Sec. 17b.  32 V.S.A. § 7771 is amended to read:

§ 7771.  RATE OF TAX

A tax is imposed on all cigarettes held in this state by any person for sale or by any person in possession of more than 10,000 cigarettes, unless such cigarettes shall be:

(1)  in the possession of a licensed wholesale dealer;

(2)  in the course of transit and consigned to a licensed wholesale dealer or retail dealer; or

(3)  in the possession of a retail dealer who has held the cigarettes for 24 hours or less.  Such tax shall be at the rate of 59.5 89.5 mills for each cigarette, and the payment thereof to be evidenced by the affixing of stamps to the packages containing the cigarettes, as hereinafter provided.  Any cigarette on which the tax imposed by this chapter has been paid, such payment being evidenced by the affixing of such stamp, shall not be subject to a further tax under this chapter.  Nothing contained in this chapter shall be construed to impose a tax on any transaction the taxation of which by this state is prohibited by the constitution of the United States.  The amount of taxes advanced and paid by a licensed wholesale dealer or a retail dealer as herein provided shall be added to and collected as part of the retail sale price on the cigarettes.  All taxes upon cigarettes under this chapter are declared to be a direct tax upon the consumer at retail and shall conclusively be presumed to be precollected for the purpose of convenience and facility only.

Sec. 17c.  32 V.S.A. § 7814(b) is amended to read:

(b)  Cigarettes.  Notwithstanding the prohibition against further tax on stamped cigarettes under section 7771 of this title, a floor stock tax is hereby imposed upon every dealer of cigarettes in this state who is either a wholesaler, or a retailer who at 12:01 a.m. o’clock on July 1, 2003 2006, has more than 10,000 cigarettes for retail sale in his or her possession or control.  The rate of tax shall be 13 30 mills for each cigarette in the possession or control of the wholesaler or retailer at 12:01 a.m. o’clock on July 1, 2003 2006, and on which cigarette stamps have been affixed before July 1, 2003 2006.  A floor stock tax is also imposed on each Vermont cigarette stamp in the possession or control of the wholesaler at 12:01 a.m. o’clock on July 1, 2003 2006, and not yet affixed to a cigarette package, and the tax shall be at the rate of 26 60 cents per stamp.  Each wholesaler and retailer subject to the tax shall, on or before September 25, 2003 July 25, 2006, file a report to the commissioner in such form as the commissioner may prescribe showing the cigarettes and stamps on hand at 12:01 a.m. o’clock on July 1, 2003 2006, and the amount of tax due thereon.  The tax imposed by this section shall be due and payable on or before September 25, 2003 July 25, 2006, and thereafter shall bear interest at the rate established under section 3108 of this title.  In case of timely payment of the tax, the wholesaler or retailer may deduct from the tax due two and three‑tenths of one percent of the tax.  Any cigarettes with respect to which a floor stock tax has been imposed under this section shall not again be subject to tax under section 7771 of this title.

Sec. 17d.  32 V.S.A. § 435a(d) is added to read:

(d)  Any monies received by the state for strategic payments under the Master Tobacco Settlement Agreement shall be transferred to the catamount fund established in section 2027 of Title 33.

Sec. 17e.  33 V.S.A. § 1901d is amended to read:

§ 1901d.  STATE HEALTH CARE RESOURCES FUND

(a)  The state health care resources fund is established in the treasury as a special fund to be a source of financing health care coverage for beneficiaries of the state health care assistance programs under the global commitment to health care waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

(b)  Into the fund shall be deposited:

(1)  revenue from the cigarette and tobacco products tax established in  all revenue from the tobacco products tax and 78 percent of the revenue from the cigarette tax levied pursuant to chapter 205 of Title 32;

(2)  revenue from health care provider assessments pursuant to subchapter 2 of chapter 19 of this title; and

(3)  the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the general assembly.

(c)  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.  The agency shall maintain records indicating the amount of money in the fund at any time.

(d)  All monies received by or generated to the fund shall be used only as allowed by appropriation of the general assembly for the administration and delivery of health care covered through state health care assistance programs administered by the agency under the global commitment Global Commitment waiver.

Sec. 17f.  32 V.S.A. § 435(b) is amended to read:

(b)  The general fund shall be composed of revenues from the following sources:

* * *

(8)  Cigarettes and tobacco products taxes levied pursuant to chapter 205 of this title;

* * *

Sec. 17g.  ALLOCATION OF FLOOR STOCK TAX REVENUE

The revenue from the floor stock tax under subsection 7814(b) of Title 32 as amended by this act shall be deposited in the catamount fund.

Sec. 17h.  32 V.S.A. § 305a is amended to read:

§ 305a.  OFFICIAL STATE REVENUE ESTIMATE

On or about January 15 and on or about July 15 of each year, and at such other times as the emergency board or the governor deems proper, the joint fiscal office and the secretary of administration shall provide to the emergency board their respective estimates of state revenues in the general, transportation, education, and health access trust catamount, state health care resources, and Global Commitment funds.  The January revenue estimate shall be for the current and next two succeeding fiscal years, and the July revenue estimate shall be for the current and immediately succeeding fiscal years.  Federal fund estimates shall be provided at the same times for the current fiscal year.  Within 10 days of receipt of such estimates, the board shall determine an official state revenue estimate for deposit in the respective funds for the years covered by the estimates.  For the purpose of revising an official revenue estimate only, a majority of the legislative members of the emergency board may convene a meeting of the board.  The health access trust fund estimate secretary shall include estimated caseloads and estimated per member per month expenditures for the current and next succeeding fiscal years for each population category eligible for state health care assistance programs supported by the fund.

Sixth:  In Sec. 18, on pages 29–30, by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read:

(a)  The agency of administration shall report to the general assembly no later than January 15, 2009 on any changes to catamount health needed to increase enrollment to achieve a 98 percent rate of insured Vermonters.  The agency shall consider whether mandating participation in public health care programs and health insurance coverage is necessary to increase enrollment or whether mandating that those who choose not to have health insurance coverage should be required to pay some of the health care costs.  The report shall include recommendations, a discussion of the considerations, and information and data supporting the recommendations.  The department of banking, insurance, securities, and health care administration shall complete the survey of insurance status in time sufficient for the data to be used in the secretary’s recommendations.

Seventh:  In Sec. 18, on page 30, by striking subsection (b) in its entirety and inserting a new subsection (b) to read:

(b)  No later than January 15, 2009, the agency of administration shall report to the general assembly on:

(1)  the percentage of uninsured Vermonters and the number of insured Vermonters by coverage type;

(2)  an analysis of the trends of catamount health costs and trends in the revenue sources for catamount health;

(3)  the feasibility of allowing individuals who are not uninsured and employers to buy into catamount health at full premium cost;

(4)  the number of individuals enrolled in catamount health who are eligible for employer-sponsored insurance and the per‑member per‑month costs of these individuals;

(5)  the number of individuals enrolled in any chronic care management program which complies with the requirements in chapter 13 of Title 18, including those covered by private insurance; and

(6)  the feasibility of removing or capping the premium increases for enrollment outside the initial enrollment period.

Eighth:  In Sec. 22, on pages 31–32, by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read:

(a)  This act shall take effect upon passage, except as follows:

(1)  Secs. 8 (Medicaid reimbursement), 12 (cost shift review), 17a (catamount fund transfers) and 17d (tobacco litigation fund) shall take effect July 1, 2006

(2)  Secs. 10 (VHAP premiums) and 11 (Dr. Dynasaur premiums) shall take effect July 1, 2007

(3)  Sec. 17b (cigarette tax rate increase) shall apply to taxable cigarettes on and after July 1, 2006.  Amendments to the provisions of 32 V.S.A. § 7771 in H.843 (An Act Relating to Miscellaneous Tax Policy Amendments), if enacted, shall not be repealed or amended by this act; except that the tax rates in Secs. 17b and 17c of this act shall take effect and supersede any provisions in H.843 affecting the rate of the cigarette tax.

(4)  Those provisions of Sec. 14, adding 33 V.S.A. § 2027, establishing the catamount fund, and Sec. 17e, amending 33 V.S.A. § 1901d, relating to the state health care resources fund, shall be effective on June 30, 2006.

(Committee vote: 7-4-0)

Rep. Larson of Burlington, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Ways and Means.

(Committee Vote: 6-4-1)

Favorable

H. 776

     An act relating to an appropriation for community development.

Rep. Condon of Colchester, for the Committee on Commerce, recommends the bill ought to pass.

( Committee Vote: 9-2-0)

 

Senate Proposals of Amendment

H. 248

An act relating to registration of lobbyists.

The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following

Sec. 1.  2 V.S.A. § 261 is amended to read:

§ 261.  DEFINITIONS

As used in this chapter,

* * *

(4)  “Employer” means any person, other than a lobbying firm, who engages the services of a lobbyist for compensation for the purpose of lobbying.  A lobbyist who employs another lobbyist shall be required to register and report both as an employer and a lobbyist.

* * *

(6)(A)  “Gift” means political contributions, contributions or tickets to political fundraising events and anything of value, tangible or intangible, that is bestowed for less than adequate consideration including travel expenses such as travel fare, room and board and other expenses associated with such travel and including meals and alcoholic beverages whether given as part of a general or open invitation or not.  “Gift” does not include anything given between immediate family members:

(i)  a political contribution;

(ii)  anything of value, tangible or intangible, that is bestowed for less than adequate consideration, including travel expenses such as travel fare, room and board, and other expenses associated with travel;

(iii)  a meal or alcoholic beverage;

(iv)  a ticket, fee, or expenses for, or to, any sporting, recreational, or entertainment events;

(v)  a speaking fee or honorarium, except actual and reasonable travel expenses;

(vi)  a loan made on terms more favorable than those made generally available to the public in the normal course of business.

(B)  “Gift” does not mean:

(i)  anything given between immediate family members;

(ii)  printed educational material such as books, reports, pamphlets, or periodicals;

(iii)  a gift which is not used and which, within 30 days after

receipt, is returned to the donor or for which the donor is reimbursed for its fair market value; and

(iv)  a devise or inheritance.

* * *

(10)  “Lobbyist” means a person who engages in lobbying for compensation of more than $500.00 or expends more than $500.00 lobbying in any calendar year a person who receives or is entitled to receive, either by employment or contract, $500.00 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through his or her agents, or a person who expends more than $500.00 on lobbying in any calendar year.

* * *

(12)  “Lobbying firm” means a sole proprietorship, partnership, corporation, limited liability corporation, or unincorporated association which receives or is entitled to receive $500.00 or more in monetary or in-kind compensation for engaging in lobbying, either personally or through its agents, in any calendar year.

(13)  “Immediate family” means a person’s spouse or civil union partner, parent, sibling, child, or in-law, including a parent, sibling, or child of a spouse or civil union partner.

Sec. 2.  2 V.S.A. § 262(2) is amended to read:

(2)  a duly-elected or appointed official or employee of the United States, the state of Vermont, or of any instrumentality, agency, or governmental subdivision of the foregoing, when acting solely in connection with matters relating to the person’s office or public dutiesHowever, if one of the foregoing individuals or entities contracts with a lobbyist, that person or entity, as well as that lobbyist, shall comply with the provisions of this chapter;

Sec. 3.  2 V.S.A. § 263 is amended to read:

§ 263.  REGISTRATION OF LOBBYISTS AND EMPLOYERS; FEES

(a)  On forms provided by the secretary of state, every lobbyist shall register with the secretary of state before, or within 48 hours of, commencing lobbying activities. A lobbyist shall file a separate registration statement for each of the lobbyist’s employers.  Each lobbying firm shall submit a list of the names of each lobbyist who is a partner, owner, officer, employee, or agent of the lobbying firm.  Each lobbying firm shall file a supplemental list within 48 hours of any changes that have occurred.

* * *

(d)  A registration statement filed by an employer shall be signed by the employer and shall contain the following information:

* * *

(5)  The name and mailing address of each lobbyist employed engaged by the employer and date of employment or contract for the biennium.

* * *

Sec. 4.  2 V.S.A. § 264 is amended to read:

§ 264.  REPORTS OF EXPENDITURES

(a)  Every employer and every lobbyist registered or required to be registered under this chapter shall file disclosure reports with the secretary of state as follows:

(1)  on or before March April 25, for the preceding period beginning on January 1 and ending with the month of February March;

* * *

(b)  An employer shall disclose for the period of the report the following information:

(1)  a A total of all lobbying expenditures, to the nearest $200.00, made by the employer; in each of the following categories:

(A)  advertising, including television, radio, print, and electronic media;

(B)  expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action.  The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity;

(C)  contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the employer and:

(i)  a legislator or administrator;

(ii)  a legislator’s or administrator’s spouse or civil union partner; or

(iii)  a legislator’s or administrator’s dependent household member;

(D)  the total amount of any other lobbying expenditures.

(2) the The total amount of compensation, to the nearest $200.00, paid to lobbyists for lobbying, provided the report need not identify the lobbyists to whom compensation was paid and it.  The employer shall report the name and address of each lobbyist to which the employer pays compensation.  It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a person lobbyist whose activities under this chapter are incidental to regular employment; and or other responsibilities to the employer.

(3)  an An itemized list of every gift, whether or not made in connection with lobbying, the value of which is greater than $5.00, made by or on behalf of the employer to or at the request of one or more legislators or administrative officials, and with respect to each such gift, the date made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift the value of which is greater than $15.00, made by or on behalf of the employer to or at the request of one or more legislators or administrative officials or a member of a legislator’s or administrative official’s immediate family.  With respect to each gift, the employer shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift.  Monetary gifts, other than political contributions, shall be prohibited.

(c)  A lobbyist shall disclose for the period of the report the following information:

(1)  a A total of all lobbying expenditures, to the nearest $200.00, made by the lobbyist; and in each of the following categories:

(A)  advertising, including television, radio, print, and electronic media;

(B)  expenses incurred for telemarketing, polling, or similar activities if the activities are intended, designed, or calculated, directly or indirectly, to influence legislative or administrative action.  The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity;

(C)  contractual agreements in excess of $100.00 per year or direct business relationships that are in existence or were entered into within the previous 12 months between the employer and:

(i)  a legislator or administrator;

(ii)  a legislator’s or administrator’s spouse or civil union partner; or

(iii)  a legislator’s or administrator’s dependent household member;

(D)  the total amount of any other lobbying expenditures.

(2)  an itemized list of every gift, whether or not made in connection with lobbying, the value of which is greater than $5.00, made by or on behalf of a lobbyist to or at the request of one or more legislators or administrative officials, and with respect to each gift, the date made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift and the identity of any recipients of the gift, except gifts reported by an employer The total amount of compensation paid to a lobbyist for lobbying, including the name and address of each registered employer who engaged the services of the lobbyist reporting.  It shall be sufficient to include a prorated amount based on the value of the time devoted to lobbying where compensation is to be included for a lobbyist whose activities under this chapter are incidental to other responsibilities to the employer.

(3)  An itemized list of every gift, the value of which is greater than $15.00, made by or on behalf of a lobbyist to or at the request of one or more legislators or administrative officials or a member of the legislator’s or administrative official’s immediate family.  With respect to each gift, the lobbyist shall report the date the gift was made, the nature of the gift, the value of the gift, the identity of any legislators or administrative officials who requested the gift, and the identity of any recipients of the gift.  Monetary gifts, other than political contributions, shall be prohibited.

* * *

(f)  If an unsolicited gift is given to a legislator or administrative official by a lobbyist or employer and the recipient does not use it and returns it to the donor within 30 days or the donor is reimbursed for its fair market value, it shall not be considered a “gift” and shall not be required to be reported as such by the donor to the secretary of state.  If the item has already been reported as a gift, the lobbyist or employer shall file an amended report with the secretary of state.

(g)  Within 15 days after the date disclosure reports are to be filed under this section, the secretary shall file a compilation of the disclosure reports with the legislative council.  Compilations of disclosure reports received during the legislative session shall be published in the calendars of the house and senate.

(g)(h)  Disclosure reports shall be made on forms published by the secretary of state and shall be signed by the employer or lobbyist.  The secretary of state shall mail those forms to registered employers and lobbyists not later than 30 days before the end of each reporting period each filing deadline.

(h)(i)  A person lobbyist or employer who fails to file a disclosure report on time shall pay a late reporting fee of $25.00 plus $10.00 for each day the disclosure report is late, not to exceed $175.00.

(i)(j)  A gift from a member of an interest group to, or for the benefit of, a legislator or administrative official, which is made in connection with lobbying as defined in 2 V.S.A. § subdivision 261(9)(D) of this title, shall be deemed to be made on behalf of the employer or lobbyist who sponsored the activity and shall be reported and itemized.

Sec. 5.  2 V.S.A. § 267a is amended to read:

§ 267a.  INVESTIGATIONS

The attorney general may shall investigate, as the attorney general finds necessary, to determine whether a person has violated this chapter on his or her own initiative or in response to a complaint filed in writing with the attorney general, whether a violation of this chapter has occurred.  The attorney general may administer oaths, require filing of a statement under oath, take evidence and require the production, by subpoena or otherwise, of financial records, books, papers, correspondence and other documents and records the attorney general considers to be relevant and material to the investigation.  The attorney general shall make a determination of each complaint filed and, at the time of resolution of a complaint which is found to have merit, shall post on the website of the office of the attorney general a brief summary of the complaint and resolution.

Sec. 6.  2 V.S.A. § 268(b)(3) is amended to read:

(3)  order reimbursement from any person who caused governmental expenditures for the enforcement of the provisions lobbyist or employer found to be in violation of this chapter;

Sec. 7.  REPEAL

2 V.S.A. § 264a (tax on expenditures of lobbyists) is repealed.

Sec. 8.  EFFECTIVE DATE

This act shall take effect on January 1, 2007.

H. 579

     An act relating to Vermont service medals.

     The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  20 V.S.A. § 1545 is amended to read:

§ 1545.  VERMONT DISTINGUISHED SERVICE MEDALS

(a)  The governor may present in the name of the state of Vermont a distinguished service medal, of appropriate design, and a separate ribbon that may be worn in place of the medal, lapel button, and certificate to an individual who was a resident of Vermont at the time of entry into military service, and, or the individual’s spouse, child, parent, sibling, or grandchild if the individual is deceased, provided the individual meets all the following eligibility criteria:

(1)  Served in a combat theater of operations during a war or emergency as a member of the federal active-duty military, as evidenced by copies of the person’s honorable discharge and severance papers, DD Form 214 or, for World War II veterans, WD Form 53; or service during any period of war prior to April 6, 1916; foreign service during World War I or World War II; or receipt of federal decorations showing combat related service since January 1, 1947.

(2)  Died in a combat theater of operations during a war or emergency, as evidenced by copies of the individual’s DD Form 1300; or Received an honorable discharge from the federal active-duty military, or died before separating from the federal active-duty military, or was declared missing in action by the United States Department of Defense; or is currently a member in good standing in the federal active-duty military with more than four years of service.

(3)  Was officially listed as a prisoner of war or missing in action by the United States Department of Defense while serving in a combat theater of operations during a war or emergency a resident of Vermont at the time of entry into military service, or was mobilized to federal active duty while a member of the Vermont National Guard or other reserve unit located in Vermont, regardless of the resident’s home of record.

(b)  The service medal for a deceased individual or an individual who has been listed as a prisoner of war or missing in action shall be issued to the individual’s parent, spouse, sibling or other relative who submits all the required forms and documentation on behalf of that individual.

(c)  The distinguished service medal shall conform to MIL-DTL-3943 and the state specification sheets; the ribbon shall conform to MIL-DTL-11589 as to quality and construction; and the lapel button shall conform to

MIL-DTL-11484.  The state specification sheets and original model shall be kept by the secretary of state.

(d)(c)  Application for a distinguished service medal may be made by a qualified individual under this section, or by the individual’s parent, spouse, sibling or other relative, to the office of veterans’ affairs of the office of the adjutant general.  The office of veterans’ affairs shall also design, cast, and procure the distinguished service medals, and maintain and verify records and documents pertaining to the medals and awards.  Approved applicants may choose to receive the medal by mail or in a ceremony with the governor or a representative of the governor.

Sec. 2.  20 V.S.A. § 1546 is amended to read:

§ 1546.  VERMONT VETERANS’ MEDAL

(a)  Each living individual who was a resident of Vermont at the time of entry into military service and was honorably discharged or transferred to a reserve status in the armed forces of the United States, and served an entire two-year tour of active duty unless discharged for the convenience of the government shall be eligible to receive the Vermont veterans’ medal, upon written request to the Vermont office of veterans’ affairs, accompanied by a copy of the individual’s DD Form 214 or WD Form 53, and any additional supporting information documenting residency if the DD Form 214 does not indicate a Vermont address as the individual’s home of record.  The office of veterans’ affairs may present in the name of the state of Vermont a veterans’ medal, ribbon, lapel button, and certificate to an individual or the individual’s spouse, child, parent, sibling, or grandchild if the individual is deceased and the individual meets all the following eligibility criteria:

(1)  Completed a minimum two-year tour of federal active military duty, unless discharged for the convenience of the government, and received an honorable discharge, died before separating from the federal active-duty military, or was declared missing in action by the United States Department of Defense; or the individual is currently on federal active military duty and in good standing with more than four years of service.

(2)  Was a resident of Vermont at the time of entry into military service, or was mobilized to federal active duty while a member of the Vermont National Guard or other reserve unit located in Vermont, regardless of the individual’s home of record.

(b)  The Vermont veterans’ medal shall be awarded for honorable service in the active military service of the United States, including any member of the Vermont National Guard or the ready reserves who was mobilized for active federal service during a time of conflict.  The Vermont veterans’ medal may be awarded regardless of length of service if the member dies while on active duty, becomes a prisoner of war, or is listed as missing in action.

(c)  The Vermont veterans’ medal shall conform to MIL-DTL-3943 and the state specification sheets, and shall be as follows:  the obverse shall be a relief replica of the coat of arms of the state of Vermont, and shall have the words “Vermont National Defense” in a circular style with “1777” at the bottom and centered.  The existing great seal of the secretary of state Vermont shall be the model for the reverse side.  The ribbon shall conform to MIL-DTL-11589 as to quality and construction, and shall consist of the four primary colors of the Vermont coat of arms:  green, blue, yellow, and red.  The lapel button shall conform to MIL-DTL-11484.  The state specification sheets and original model shall be kept by the secretary of state.

(d)(c)  Application for a Vermont veterans’ distinguished service medal may be made by a qualified individual under this section, or by the individual’s parent, spouse, sibling or other relative, to the office of veterans’ affairs of the office of the adjutant general.  The office of veterans’ affairs shall also procure and cast the medal according to the design prescribed by subsection (c) of this section, and maintain and verify records and documents pertaining to the medals and awards veterans’ medal will be made to the office of veterans’ affairs.  The office of veterans’ affairs shall also design, cast, and procure the veterans’ medals and maintain and verify records and documents pertaining to the medals.  Approved applicants may choose to receive the medal by mail or in a ceremony with a representative of the state of Vermont.

Sec. 3.  20 V.S.A. § 1547(a) is amended to read:

(a)  The governor, or his or her designee, at an appropriate time and place, shall present the Vermont patriot’s medal and accompanying certificate to the family of a Vermont resident member or nonresident member of the Vermont national guard or other reserve unit located in Vermont, who is killed in action while serving in the armed forces after February 28, 1961.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

 

 

 

CROSSOVER DEADLINE

(a) For House bills introduced during this  biennium, the following bill reporting deadlines are established for the 2006 adjourned session:

     (1)  From standing committee of last reference (excluding the Committees on Appropriations and Ways and Means), all bills must be reported out of committee on or before March 3, 2006.

     (2)    For bills referred pursuant to House Rule 35, all bills must be reported out of the Committees on Appropriations and Ways and Means on or before March 17, 2006.

(b)  These deadlines may be waived for any bill or committee only by consent given by the Committee on Rules.