Senate Calendar

thursday, april 13, 2006

101st DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

UNFINISHED BUSINESS OF THURSDAY, APRIL 6, 2006

House Proposal of Amendment

S. 22       Off label use of prescription drugs for cancer................................... 1356

                  Sen. Leddy amendment............................................................... 1360

UNFINISHED BUSINESS OF TUESDAY, APRIL 11, 2006

Third Reading

H. 384    Medical ins. for seasonal emp. of Dept. of Forests, Parks & Rec..... 1360

H. 860    Vermont’s participation in the regional greenhouse gas initiative........ 1360

                  Sen. Coppenrath amendment....................................................... 1360

H. 876    Relating to management of exposure to mercury.............................. 1361

Second Reading

Favorable with Proposal of Amendment

H. 677    Standards board and licensing hearing panels for educators.............. 1361

                  Education Committee Report....................................................... 1361

                  Appropriations Committee Report............................................... 1377

UNFINISHED BUSINESS OF WEDNESDAY, APRIL 12, 2006

House Proposal of Amendment

S. 117     Relating to state recognition of the Abenaki People.......................... 1377

NEW BUSINESS

Third Reading

H. 856    Sentences/preventing risks posed by dangerous sex offenders.......... 1380

                  Sen. Sears amendment................................................................. 1380

Second Reading

Favorable

H. 874    Relating to sentencing for first and second degree murder................. 1383

                  Judiciary Committee Report......................................................... 1383

House Proposal of Amendment

S. 246     Relating to eminent domain.............................................................. 1383


NOTICE CALENDAR

Favorable

H. 882    Amendments to the charter of the town of Richmond....................... 1383

                  Government Operations Committee Report.................................. 1383

Favorable with Proposal of Amendment

H. 615    Public records & application of deliberative process privilege........... 1383

                  Government Operations Committee Report.................................. 1383

H. 766    Real estate transfer pursuant to foreclosure...................................... 1384

                  Judiciary Committee Report......................................................... 1385

H. 794    Relating to military service and professional regulation...................... 1385

                  Government Operations Committee Report.................................. 1385

H. 861    Health care affordability for Vermonters .................................. 1386

               (See Addendum for Thursday, April 13, 2006)

H. 877    Funding regional technical center school district............................... 1386                              Education Committee Report......................................................................................... 1386

House Proposal of Amendment

S. 262     Expanding employer access to applicants’ criminal records.............. 1387

House Proposal of Amendment to Senate Proposal of Amendment

S. 27       Safe haven defense to the crime of abandoning a baby..................... 1393

Report of Committee of Conference

H. 404    Access to mental health and substance abuse providers................... 1393

ORDERED TO LIE

S. 112     Relating to the practice of optometry............................................... 1394

S. 157     Relating to rulemaking for Vermont origin........................................ 1394

S. 315     Relating to creation of the Vermont Land Bank program.................. 1394

S. 316     Relating to access to broadband services throughout Vermont......... 1394

S. 319     Relating to expanding the scope of the net metering program............ 1394

CONSENT CALENDAR

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to April 13, 2006 Calendar)

SCR 65    Congratulating Elnora Beattie Morse on her 100th birthday.............. 180

SCR 66    Congratulating Caitlin Hughes and Maggie Kinzel ........................... 181

SCR 67    Albert Schweitzer Fellowship in Vermont........................................ 182

SCR 68    Visiting Nurse Assn. of Chittenden & Grand Isle Counties............... 183

HCR 288  Vermont Alliance for Arts Education (VAAE) award winners......... 186

HCR 289   Lucy Weber on winning the VT state individual spelling bee........... 187

HCR 290   Recognizing Elizabeth Hambleton of Northfield.............................. 188

HCR 291   Essex High School championship girls basketball team................... 189

HCR 292   Essex High School championship boys indoor track team............... 190

HCR 293   Essex High School championship gymnastics team......................... 191

HCR 294   Essex High School championship boys hockey team...................... 192

HCR 295   Essex High School championship girls soccer team........................ 193

HCR 296   In memory of Harry Corrow of Newport City............................... 194

HCR 297   Mt. Anthony Union H.S. boys Nordic ski team & Julia Seyferth..... 196

HCR 298   Mt. Anthony Union H.S. championship wrestling team................... 197

HCR 299   Bennington County Head Start on its 40th anniversary................... 198

HCR 300   Vergennes Union H.S. championship cheerleading team................. 200

HCR 301   Burr and Burton Academy championship boys basketball team...... 201

HCR 302   Burr and Burton Academy championship boys alpine ski team....... 202

HCR 303   Vergennes Union H.S. championship basketball team.................... 204

HCR 304   Thanking the families of state legislators......................................... 206

HCR 305   Honoring Mary Fell of Underhill for community service.................. 206


 

 



 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF THURSDAY, APRIL 6, 2006

House Proposal of Amendment

S. 22

An act relating to off-label use of prescription drugs for cancer.

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

Sec. 1.  8 V.S.A. chapter 107, subchapter 9 is added to read:

Subchapter 9.  Off-Label Use of Prescription Drugs for Cancer

§ 4100e.  REQUIRED COVERAGE FOR OFF-LABEL USE

(a)  A health insurance plan that provides coverage for prescription drugs shall provide coverage for off-label use in cancer treatment in accordance with the following:

(1)  A health insurance plan contract may not exclude coverage for any drug used for the treatment of cancer on grounds that the drug has not been approved by the federal Food and Drug Administration, provided the use of the drug is a medically accepted indication for the treatment of cancer.

(2)  Coverage of a drug required by this section also includes medically necessary services associated with the administration of the drug.

(3)  This section shall not be construed to require coverage for a drug when the federal Food and Drug Administration has determined its use to be contraindicated for treatment of the current indication.

(4)  A drug use that is covered under subdivision (1) of this subsection may not be denied coverage based on a “medical necessity” requirement except for a reason unrelated to the legal status of the drug use.

(5)  A health insurance plan contract that provides coverage of a drug as required by this section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles, and exclusions to the same extent these provisions are applicable to coverage of all prescription drugs and are not inconsistent with the requirements of this section.

(b)  As used in this section, the following terms have the following meanings:

(1)  “Health insurance plan” means a health benefit plan offered, administered, or issued by a health insurer doing business in Vermont.

(2)  “Health insurer” is defined by subdivision 9402(9) of Title 18.  As used in this subchapter, the term includes the state of Vermont and any agent or instrumentality of the state that offers, administers, or provides financial support to state government, including Medicaid, the Vermont health access plan, the VScript pharmaceutical assistance program, or any other public health care assistance program.

(3)  “Medically accepted indication” includes any use of a drug that has been approved by the federal Food and Drug Administration and includes another use of the drug if that use is prescribed by the insured’s treating oncologist and supported by medical or scientific evidence.  For purposes of this subchapter, “medical or scientific evidence” means one or more of the following sources:

(A)  peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff.

(B)  peer-reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Health’s National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS database Health Services Technology Assessment Research (HSTAR).

(C)  medical journals recognized by the federal Secretary of Health and Human Services, under Section 1861(t)(2) of the federal Social Security Act.

(D)  the following standard reference compendia:  the American Hospital Formulary Service-Drug Information, the American Medical Association Drug Evaluation, and the United States Pharmacopoeia-Drug Information.

(E)  findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including the Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Center for Medicare and Medicaid Services, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services.

(F)  peer-reviewed abstracts accepted for presentation at major medical association meetings.

(4)  “Off-label use” means the prescription and use of drugs for medically accepted indications other than those stated in the labeling approved by the federal Food and Drug Administration.

(c)  A determination by a health insurer that an off-label use of a prescription drug under this section is not a medically accepted indication supported by medical or scientific evidence is eligible for review under section 4089f of this title.

Sec. 2.  8 V.S.A. § 4089f(b)(3) is amended to read:

(b)  An insured who has exhausted all applicable internal review procedures provided by the health benefit plan shall have the right to an independent external review of a decision under a health benefit plan to deny, reduce or terminate health care coverage or to deny payment for a health care service.  The independent review shall be available when requested in writing by the affected insured, provided the decision to be reviewed requires the plan to expend at least $100.00 for the service and the decision by the plan is based on one of the following reasons:

* * *

(3)  The health care treatment has been determined to be experimental, investigational or an off-label drug.  A health benefit plan that denies use of a prescription drug for the treatment of cancer as not medically necessary or as an experimental or investigational use shall treat any internal appeal of such denial as an emergency or urgent appeal, and shall decide such appeal within the time frames applicable to emergency and urgent internal appeals under regulations adopted by the commissioner.

Sec. 3.  APPLICATION

(a)  Sec. 1 of this act shall apply to all health insurance plans issued or offered on and after October 1, 2006 and to all other health insurance plans on and after October 1, 2006 upon renewal or their anniversary date, whichever is sooner, but in no event later than October 31, 2007.

(b)  Sec. 2 of this act is intended to clarify existing administrative regulations and shall apply to all appeals subject to 8 V.S.A. § 4089f (independent external review of health care service decisions) pending on and after the effective date of this act.

* * * Wholesale Drug Distributors:  Accreditation; Pedigrees * * *

Sec. 4.  26 V.S.A. § 2068 is amended to read:

§ 2068.  REQUIREMENTS; APPLICANTS; LICENSES

An applicant shall satisfy the board that it has, and licensees shall maintain, the following:

* * *

(10)  Compliance with standards and procedures which the board shall adopt by rule concerning provisions for initial and periodic on-site inspections, criminal and financial background checks, ongoing monitoring, reciprocity for out-of-state wholesale drug distributors inspected by a third party organization recognized by the board or inspected and licensed by a state licensing authority with legal standards for licensure that are comparable to the standards adopted by the board pursuant to this subdivision, protection of a wholesale drug distributor’s proprietary information, and any other requirements consistent with the purposes of this subdivision.  The board rules may recognize third party accreditation in satisfaction of some or all of the requirements of this subdivision.

Sec. 5.  ELECTRONIC PEDIGREE STUDY

The board of pharmacy shall study the feasibility of an electronic pedigree system that would verify the chain of distribution for all prescription drugs.  The board shall report its findings and recommendations to the general assembly not later than January 15, 2007.  The study shall include consultation with drug manufacturers, wholesale drug distributors, and pharmacies responsible for the sale and distribution of prescription drugs and consideration of any relevant national standards or initiatives.  The board shall include a proposed implementation date in the study.

* * * Drug and Medical Supply Repository Program:  Study * * *

Sec. 6.  DRUG AND MEDICAL SUPPLY REPOSITORY STUDY

The department of health, in consultation with the office of Vermont health access, the board of pharmacy, the department of disabilities, aging, and independent living, and the board of medical practice, shall study the feasibility of creating a repository program through which licensed facilities, wholesale drug distributors, and drug manufacturers can donate unused, unopened prescription drugs and medical supplies to pharmacies, hospitals, and clinics in order to dispense such drugs and supplies, for only a handling fee, to persons who are income‑eligible or uninsured.  The study shall include findings and recommendations concerning the cost the department would incur in creating and overseeing such a program, including any costs related to consultation with experts, the benefits of a repository program, and any other standards or procedures necessary for the development and implementation of the program.  The department of health shall report its findings and recommendations to the general assembly not later than January 15, 2007.

AMENDMENT TO S. 22 TO BE OFFERED BY SENATOR LEDDY ON BEHALF OF THE COMMITTEE ON HEALTH AND WELFARE

Senator Leddy, on behalf of the Committee on Health and Welfare, moves that the Senate concur in the House proposal of amendment with the following proposal of amendment thereto:

First: In Sec. 5 (electronic pedigree study), in the first sentence, after the words "study the feasibility of an electronic pedigree system", by inserting the words or any other system

Second:  In Sec. 6 (drug and medical supply repository study), in the first sentence, after the words "the board of pharmacy,", by inserting the words the department of public safety,

UNFINISHED BUSINESS OF TUESDAY, APRIL 11, 2006

Third Reading

H. 384

An act relating to medical insurance for seasonal employees of the department of forests, parks and recreation.

H. 860

An act relating to Vermont’s participation in the regional greenhouse gas initiative.

PROPOSAL OF AMENDMENT TO H. 860 TO BE OFFERED BY SENATOR COPPENRATH BEFORE THIRD READING

Senator Coppenrath moves that the Senate propose to the House to amend the bill in Sec. 1, 30 V.S.A., § 254(c)(2) by striking out subparagraph (F) in its entirety and inserting in lieu thereof a new subparagraph (F) to read as follows:

(F)  ensure that carbon credits allocated under this program and revenues associated with their sale remain power system assets managed for the benefit of electric consumers.  To that end, at least 50% of the revenues shall be used to directly mitigate electricity ratepayer impacts by reducing electric rates paid by consumers, and the remaining credits may be used for investments in energy efficiency and other low-cost, low-carbon power system investments;


H. 876

An act relating to management of exposure to mercury.

Second Reading

Favorable with Proposal of Amendment

H. 677

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

Reported favorably with recommendation of proposal of amendment by Senator Collins for the Committee on Education.

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.  16 V.S.A. § 212(14) is added to read:

(14)  Annually, convene a meeting of directors of Vermont educator preparation programs and representatives of school boards, superintendents, principals, educators, and the Vermont standards board to determine subject and geographic areas in which there is a critical need for educators and to discuss ways to meet the need.

Sec. 2.  16 V.S.A. chapter 51 is amended to read:

CHAPTER 51.  EXAMINATION AND LICENSING OF TEACHERS PROFESSIONAL EDUCATORS

§ 1691.  PURPOSE

The purpose of this chapter is to establish a board of professional educators to oversee the training, licensing, and professional standards of teachers and administrators and to establish hearing panels to determine compliance with those standards to help assure high caliber professionals and high quality public educational programs for Vermont students.

§ 1691a.  Definitions

As used in this chapter:

(1)  “Administrator” means an individual licensed under this chapter the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program.

(2)  “Applicant” means an individual applying for a license.

(3)  “Educator” means any teacher or administrator requiring a license under this chapter.

(4)  “Endorsement” means the grade level and field in which an educator is authorized to serve.  A license shall bear one or more endorsements.

(5)  “Hearing panel” means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses.

(6)  “License” means a license to engage in teaching or school administration, as the context requires, in the state and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses.  “Licensee” means an individual licensed under this chapter.

(7)  “Licensing action” means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties.

(8)  “Office” means the office within the department of education responsible for professional standards and educator licensing.

(9)  “Standards board” means the Vermont standards board for professional educators established under section 1693 of this title.

(10)  “Teacher” means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the standards board, or who is otherwise subject to licensing as determined by the standards board.

§ 1692.  REQUIREMENT AS TO LICENSE; AGE LIMIT

A person shall not teach Except for a substitute teacher in accordance with rules adopted by the standards board, a person shall not be employed as a teacher or administrator in a public school without having a license then in force.  A license shall not be issued to a person under seventeen years of age.

§ 1693.  STANDARDS BOARD FOR PROFESSIONAL EDUCATORS

(a)  There is hereby established the Vermont standards board for professional educators comprising 13 members as follows:  seven teachers, two administrators, one public member, one school board member, one representative of educator preparation programs from a public institution of higher education, and one representative of educator preparation programs from a private institution of higher education.

(b)  Appointment and qualifications.  When a vacancy occurs, except in the case of the public member position, the state board of education shall solicit up to five nominations from any of the following organizations if their members may be eligible for the vacant position:  the Vermont national education association, the Vermont school boards association, the Vermont principals association, the Vermont superintendents association, the Vermont State Colleges, the University of Vermont, and the association of independent colleges.  The state board may add other names to the list but may not remove nominations submitted by the organizations and shall forward the list to the governor.  The governor shall appoint a person on the list or, in the case of the public position, the governor shall appoint a person of his or her choosing, for a term of three years which shall begin July 1 of the year of appointment.  No person shall be eligible for more than one sequential reappointment.  The governor shall appoint a replacement to fill any vacancy on the standards board for the remainder of the term.  Appointments shall be consistent with the following requirements:

(1)  Each member of the standards board shall be a citizen of the United States and a resident of Vermont.

(2)  The educator members shall be generally representative of elementary and secondary schools and of programs of study taught in Vermont public schools and of administrative positions in Vermont public schools.  Teacher members shall hold a license and have at least five years’ experience in public school teaching, at least three of which shall have been within the five years preceding appointment.  Administrator members shall hold a license and be endorsed as an administrator and have at least five years’ experience in public school administration, at least three of which shall have been within the five years preceding appointment.

(3)  The school board member shall be a current school district board member or have served on a school district board at some period during the three years prior to appointment.

(4)  The public member shall not be a member of the state board of education or an employee of any school and shall not derive primary livelihood in the field of public or independent education at any level of responsibility.

(c)  Standards board officers; meetings.  The standards board shall elect from its members a chair, vice chair, and secretary who shall serve for one year and until their successors are elected and seated.  The board shall meet at the request of the chair or at such other times and places as the board may determine.  Seven members of the board shall constitute a quorum for the transaction of business.

(d)  Compensation.  The department of education shall compensate standards board members for the performance of their duties and reimburse them for their actual and necessary expenses in accordance with section 1010 of Title 32.

(e)  Administration.  The standards board shall be attached for administrative purposes to the office.  With respect to the standards board, the commissioner shall:

(1)  with the advice of the standards board, employ a director, prepare an annual budget, and administer money appropriated to the standards board by the general assembly.  The budget of the standards board shall be part of the budget of the department;

(2)  employ administrative staff of the office;

(3)  incur such other expenses as the commissioner determines are necessary;

(4)  act as custodian of the records of the standards board; and

(5)  annually, conduct a training for members of the standards board and the hearing panels established in this chapter, which shall include workshops regarding the powers and duties of the standards board and the panels and an opportunity for the standards board and hearing panel members to discuss the practical application of standards in quasi-judicial proceedings.

§ 1694.  POWERS AND DUTIES OF THE STANDARDS BOARD FOR PROFESSIONAL EDUCATORS

In addition to any other powers and duties prescribed by law or incidental or necessary to the exercise of such lawful powers and duties, the standards board shall:

(1)  Adopt rules pursuant to chapter 25 of Title 3 with respect to the licensing of teachers and administrators, and of speech-language pathologists and audiologists as provided in chapter 87 of Title 26;

(2)  Establish standards for educator preparation programs in Vermont and approve those that meet the standards so that a person graduating from an approved program shall be eligible for a license to engage in teaching or school administration in accordance with standards board rules.  The standards board may accept accreditation of an educator preparation program in Vermont or another state from a national accreditation entity as sufficient for approval;

(3)  Establish standards, including endorsements, according to which individuals may obtain a license or have one renewed or reinstated;

(4)  Oversee and monitor the application and licensing process administered by the office; and

(5)  Develop a code of professional ethics and act as advisor to professional educators regarding its interpretation.

§ 1695.  CREDENTIALS GRANTED IN ANOTHER STATE REVIEW OF LICENSING STANDARDS

The board shall make regulations relating to the recognition of teachers’ licenses, diplomas and educational credentials granted in any other state, provided such other state shall recognize, by substantially reciprocal regulations or laws, such licenses, diplomas and educational credentials issued in this state.  Prior to the prefiling by the standards board of a licensing standard or procedure proposed for rulemaking pursuant to section 820 of Title 3, the commissioner may object to it before the state board of education on the grounds that it would have significant adverse financial or operational impact on the public school system.  If the state board of education agrees, it may remand the proposed rule to the standards board for further deliberations consistent with its written decision.  The commissioner may also object on the same grounds to a substantive change to a proposed rule, once initiated, before a final proposal is filed pursuant to section 841 of Title 3.

§ 1696.  LICENSING

(a)  Qualifications of applicants.  An applicant shall submit to the commissioner evidence satisfactory to the commissioner that the applicant either has completed all requirements of an approved educator preparation program or has otherwise acquired the knowledge and skills required for a license through coursework and experiences apart from an approved educator preparation program.

(b)  License by reciprocity.  By rule, the standards board shall establish standards according to which an applicant who meets the licensing standards of another state with standards substantially similar to Vermont’s may be accorded a license in this state, provided the other state recognizes, by substantially reciprocal regulations or laws, licenses issued in this state.

(c)  Temporary licenses.  By rule, the standards board may establish standards, if any, by which an applicant who otherwise does not meet the standards for a license may obtain, for a period not to exceed two years, a temporary license.

(d)  Junior Reserve Officer Training Corps instructors.  The board shall accept certification of a junior Reserve Officer Training Corps instructor by the federal Department of Defense as qualification for a license to provide junior Reserve Officer Training Corps instruction to a student enrolled in a junior Reserve Officer Training Corps program.

(e)  Denial of license.  The commissioner may deny a license for:

(1)  Failure to meet the conditions for issuance of a license or endorsement or renewal or reinstatement thereof; or

(2)  Failure of a licensee to demonstrate the competencies specified in the rules of the standards board.

(f)  Appeal.  An applicant aggrieved by a decision of the commissioner regarding the issuance or renewal of a license may appeal that decision by notifying the commissioner in writing within 30 days of receiving the decision.  The commissioner forthwith shall transmit notice of the appeal to the administrative officer for hearing panels to initiate the appeal process set forth in section 1700 of this title.

§ 1697.  FEES

(a)  Each applicant and licensee shall be subject to the following fees:

(1)  Initial processing of application                               $35.00

(2)  Issuance of initial license                                         $35.00 per year

                                                                                    for the term of the                                                                                         license

(3)  Renewal of license                                 $35.00 per year

                                                                    for the term of the renewal

(4)  Replacement of license                                           $10.00

(5)  Duplicate license                                                     $3.00

(6)  Peer review process                                               $1,200.00

                                                                                    one-time fee.

(b)  Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of chapter 7 of Title 32, and shall be available to the department to offset the costs of providing those services.

§ 1698.  CAUSES FOR LICENSING ACTION

Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the state:

(1)  Unprofessional conduct which means:

(A)  Grossly negligent conduct or greater, on or off duty, that places a student or students in meaningful physical or emotional jeopardy, or conduct that evidences moral unfitness to practice as an educator.

(B)  Conviction for a criminal offense in which the underlying circumstances, conduct, or behavior, by gross negligence or greater, places a student or students in meaningful physical or emotional jeopardy, or conviction of a crime that evidences moral unfitness to practice as an educator.

(C)  Conviction of grand larceny under 13 V.S.A. § 2501 or embezzlement as defined in subchapter 2 of chapter 57 of Title 13, provided charges were brought after July 1, 2006.

(D)  Conviction of a crime charged after July 1, 2006, which involves fraudulent misrepresentation, dishonesty, or deceit, including conviction for any of the following:  13 V.S.A. §§ 1101, 1102, 1103, 1104, 1106, 1107, 1108, 3006, or 3016, provided that conviction under 13 V.S.A. §§ 2002, 2502, 2561, 2575, 2582, and 2591, if the value or amount involved is $500.00 or less, shall not be considered a conviction under this subdivision unless it is part of a larger pattern of dishonesty, deceit, or fraud.

(E)  A pattern of willful misconduct or a single egregious act of willful misconduct in violation of duties and obligations of the position.

(F)  Falsification, misrepresentation, or misstatement of material information provided in connection with the application for or renewal or reinstatement of a license or endorsement.

(G)  With respect to a superintendent, the failure to maintain the confidentiality and privileged status of information provided pursuant to subsection 1700(c) and subdivision 1708(f)(3) of this title.

(2)  Incompetence, which means the inability or incapacity to perform the duties and competencies required by the license.

§ 1699.  REPORTS OF ALLEGED UNPROFESSIONAL CONDUCT OR INCOMPETENCE

(a)  An individual who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent may, and a superintendent who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent shall, submit a written report to the commissioner concerning allegations of unprofessional conduct or incompetence about a licensee.  A principal submitting a report under this section shall submit it to the superintendent and may also submit it to the commissioner.

(b)  Except as provided in section 1708 of this title, information provided the licensing office under this section shall be confidential.

(c)  A person who acts in good faith under the provisions of this section shall not be liable for damages in any civil action.

§ 1700.  INVESTIGATION

(a)  Investigation committee.  Upon receiving notice of either an applicant’s appeal of a licensing office decision or an allegation of unprofessional conduct or incompetence on the part of a licensee, the hearing panel administrative officer shall assign one or more of its licensee members to serve on an investigation committee with an investigator and prosecuting attorney assigned by the commissioner of education to investigate the licensing decision or allegation and make recommendations to the commissioner in accordance with subsections (b) and (d) of this section.  Teacher members shall be assigned to assist in the investigation of matters involving teachers and administrator members in matters involving administrators.  Members shall not serve on a hearing panel regarding any matter they assisted in investigating.  If the administrative officer is unable to assign one or more members to the investigation committee by reason of disqualification, resignation, vacancy, or necessary absence, the officer shall appoint ad hoc members who shall meet the requirements of subsection 1693(b) of this title.

(b)  Preliminary review.  After conducting a preliminary review of an allegation of unprofessional conduct or incompetence or of a denial of a license based on alleged unprofessional conduct or incompetence, the investigation committee shall make a recommendation to the commissioner regarding whether to conduct a formal investigation.

(c)  Formal investigation.  If the commissioner decides to conduct a formal investigation, the commissioner shall:

(1)  notify the educator and direct the investigation committee to proceed with a formal investigation; and

(2)  notify the superintendent of the school district in which the educator may be employed, or if the educator is currently employed as a superintendent, the chair of the board of the supervisory union or supervisory district that employs the superintendent, that the office has commenced a formal investigation of an allegation of unprofessional conduct or incompetence and shall specify the provisions of section 1698 of this title that best describe the allegation.

(d)  Recommendation.  Upon completing its investigation, the investigation committee shall recommend that the commissioner, with respect to a license application, affirm or reverse a licensing office decision or, with respect to alleged unprofessional conduct or incompetence, issue or not issue formal charges.

(e)  Professional guidance.  In its recommendation as to whether the commissioner should issue formal charges and, if so, what form they should take, the committee may consider the effect it believes its professional guidance may have in mitigating the need for and nature of licensing action.

§ 1701.  COMMISSIONER’S DETERMINATION

(a)  Matters involving denial of licensure.  With respect to an applicant’s appeal, the commissioner shall, within 10 days of receiving the committee’s recommendation, affirm or reverse the licensing decision and notify the applicant in writing.  If the commissioner reverses the decision, the office shall issue a license accordingly.  If the commissioner affirms the decision, the applicant may appeal by notifying the commissioner in writing within 10 days of receiving the commissioner’s decision.  The commissioner shall forthwith notify the hearing panel administrative officer of the appeal.

(b)  Matters involving alleged unprofessional conduct or incompetence.  With respect to a licensee alleged either incompetent or to have engaged in unprofessional conduct, the commissioner shall, within 10 days of receiving the investigation committee’s recommendation, determine whether to issue a formal charge and what, if any, licensing action should be imposed.  If the commissioner determines no formal charge is warranted, the commissioner shall notify in writing the licensee and, if the licensee is employed, the superintendent of the school district of employment.  If the commissioner determines a formal charge is warranted, the commissioner shall prepare a formal charge, file it with the hearing panel administrative officer, and cause a copy to be served upon the licensee charged together with a notice of hearing and procedural rights, as provided in this chapter.  The commissioner shall provide a copy of the formal charge to the superintendent of the school district, if any, in which the licensee is employed, or if the licensee is employed as a superintendent, to the chair of the supervisory union that employs the superintendent, provided the superintendent or board chair agrees to maintain the confidentiality and privileged status of the information as provided in subsection 1708(d) of this title.  If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the formal charge, the hearing panel may order summary suspension of a license pending proceedings for revocation or other action.  These proceedings shall be promptly instituted and determined.

§ 1702.  HEARING PANELS

(a)  Appointment.  The governor shall appoint seven teachers, four administrators, and three members of the public to serve on hearing panels for terms of three years beginning on July 1 of the year of appointment.  No person shall be eligible for more than one sequential reappointment.  The governor shall ensure appointments are consistent with the requirements found in subdivisions 1693(b)(1)–(3) of this title.  By appointment, the governor shall fill any vacancy for the remainder of its term.  Panel members shall be considered appointive officers for the purposes of chapter 29 of Title 3 and shall be compensated in accordance with section 1010 of Title 32.

(b)  Administration.  The hearing panels shall be attached for administrative purposes to the office.  Annually, the panel members shall meet collectively to:

(1)  elect an administrative officer for the purpose of assigning hearing panels in licensing matters;

(2)  approve a pool, based upon the commissioner’s recommendation, of impartial hearing officers who shall be attorneys admitted to practice in this state; and

(3)  plan professional development activities. 

(c)  Powers and duties of hearing panels.  Hearing panels shall have the authority to determine compliance by applicants, licensees, and the office with standards board standards according to which individuals may obtain, renew, and retain a license.  Upon notification that the applicant has appealed under subsection 1701(a) of this title or that the commissioner has issued a formal charge under subsection 1701(b) of this title, the administrative officer shall appoint a hearing officer and a panel, as well as a chair for the panel.  Panels hearing appeals of teachers shall comprise two teacher members and one public member.  Panels hearing appeals of administrators shall comprise two administrator members and one public member.  In the conduct of proceedings, the hearing officer, or the panel if it takes additional evidence under subsection 1706(a) of this title, may:

(1)  Issue subpoenas to compel the attendance of witnesses and the furnishing of evidentiary material in connection with a hearing;

(2)  Authorize depositions to be taken as needed in any investigation, hearing, or proceeding;

(3)  Conduct administrative hearings in accordance with this section, section 1705 of this title, and chapter 25 of Title 3 regarding appeals of licensing decisions and charges of unprofessional conduct or incompetence;

(4)  In the case of the hearing officer, recommend and, in the case of a hearing panel, make decisions regarding appeals of licensing decisions and formal charges; and

(5)  Undertake any other actions and procedures specified in or required or appropriate to carry out the provisions of this chapter.

§ 1703.  TIME AND NOTICE OF HEARING

The chair of the panel shall fix the time of hearing, which shall be between 30 and 60 days after, as applicable, filing of the license application appeal or service of the charge on the licensee.  The chair shall provide the applicant or licensee notice of the hearing, in it stating the following:  the time and place of the hearing; the right of the applicant or licensee charged to file with the chair a written response within 20 days of the date of service; the fact that a record of the proceeding will be kept; the rights of the applicant or licensee charged at the hearing to appear personally, to be represented by counsel, to produce witnesses and evidence, to cross-examine witnesses, and to examine such documentary evidence as may be produced; and, in the case of formal charges against the licensee, the range of licensing actions to which the licensee charged may be subject if the formal charges are substantiated.

§ 1704.  BURDEN OF PROOF

(a)  Denial of licensure.  Except as provided in subsection (b) of this section, the burden of proof in matters involving the denial of an initial license or the addition of an endorsement to a license once issued shall be on the applicant by a preponderance of the evidence.

(b)  Alleged unprofessional conduct or incompetence.  The burden of proof in matters involving alleged unprofessional conduct or incompetence, including denial of a license based on alleged unprofessional conduct or incompetence, shall be on the commissioner by a preponderance of the evidence, except that in the case of revocation or suspension for more than one year, the proof shall be by clear and convincing evidence.

§ 1705.  HEARING OFFICER RECOMMENDATION

The hearing officer shall conduct the hearing for the purpose of issuing recommended findings of fact, conclusions of law, and a proposed decision to the hearing panel.  The hearing officer may administer oaths and otherwise exercise the powers of a judicial officer regarding the conduct of a fair and impartial hearing.  Within 30 days of the hearing, the hearing officer shall recommend to the hearing panel findings of fact, conclusions of law, and a decision and by certified mail provide a copy to the applicant or licensee.

§ 1706.  DECISION AND ORDER

(a)  Hearing panel decision.  The hearing panel may take additional evidence and may accept, reject, or modify the recommendations of the hearing officer and shall issue findings of fact, conclusions of law, and an order within 30 days of receiving the recommendations, unless the hearing panel grants an extension for good cause.  The hearing panel shall provide a copy of the decision to the commissioner and, by certified mail, the applicant or licensee charged.  If formal charges are not substantiated, the hearing panel shall include in its order a statement that the charges were not substantiated by the evidence, and it shall dismiss the charges.

(b)  Charges substantiated.  If formal charges are substantiated, the hearing panel, in its order, may:  take no action; issue a warning; issue a private reprimand; issue a public reprimand; or condition, limit, suspend, or revoke the license to practice.  An administrative penalty not to exceed $1,000.00 may be imposed by itself or in connection with the issuance of a warning or of a private or public reprimand.

§ 1707.  APPEAL FROM PANEL ORDER

(a)  Appeal to state board of education.

(1)  A party aggrieved by a final decision of a hearing panel may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel who shall refer the case to the state board of education.  The parties may agree to waive this review by written stipulation filed with the state board of education.  The state board of education shall conduct its review on the basis of the record created before the hearing panel, and it shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record.

(2)  The state board of education shall not substitute its judgment for that of the hearing panel as to the weight of the evidence on questions of fact.  It may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel’s finding, inferences, conclusions, or decisions are:

(A)  in violation of constitutional or statutory provisions;

(B)  in excess of the statutory authority of the hearing panel;

(C)  made upon unlawful procedure;

(D)  affected by other error of law;

(E)  clearly erroneous in view of the evidence on the record as a whole;

(F)  arbitrary or capricious; or

(G)  characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(b)  Following appeal or waiver of appeal to the state board of education, a party may appeal to the superior court in Washington County which shall review the matter de novo.

§ 1708.  ACCESSIBILITY AND CONFIDENTIALITY OF LICENSING MATTERS

(a)  It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints and to fulfill the public’s right to know of any action taken against an applicant or a licensee when that action is based on a determination of unprofessional conduct or incompetence.

(b)  All meetings and hearings of the standards board and hearing panels shall be held in accordance with chapter 5 of Title 1.

(c)  The commissioner shall prepare and maintain a register of all complaints which shall be a public record and which shall show:

(1)  with respect to all complaints for which a formal investigation is initiated under subsection 1700(c) of this title, the following information:

(A)  the date and the nature of the complaint, but not the identity of the licensee or information that could be used to identify the licensee; and

(B)  a summary of the completed investigation; and

(2)  only with respect to complaints resulting in the filing of a formal charge under subsection 1701(b) of this title, the following additional information:

(A)  the name and business addresses of the licensee and the name of the complainant if disclosure is permitted under federal or state law and does not provide personally identifying information about a student;

(B)  formal charges, provided they have been served or a reasonable  effort to serve them has been made;

(C)  except as provided under chapter 5 of Title 1, the findings, conclusions, and order of the hearing panel; and

(D)  final disposition of the matter.

(d)  The hearing panel and the commissioner shall not disclose to anyone but the applicant or the licensee charged any information regarding a complaint, proceeding, or record, except the information required to be released under this section.

(e)  A licensee or applicant shall have the right to inspect and copy all  information in the possession of the department of education pertaining to the licensee or applicant, except investigatory files not resulting in formal charges and attorney work product.

(f)  Nothing in this section shall prohibit the disclosure of information:

(1)  Regarding complaints to state or federal law enforcement agencies in the course of an investigation, provided the agency agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section;

(2)  Regarding denials of licensure for cause, and license suspensions or revocations, and including reinstatements of licenses, to the National Association of State Directors of Teacher Education and Certification, consistent with the member agreement executed between it and the state of Vermont.  For the purposes of this subdivision, “cause” includes any circumstance or activity also deemed to be a revocable offense; or

(3)  As is necessary in investigating a complaint, to the superintendent of a school district in which the licensee is employed or, if the licensee is employed as a superintendent, to the chair of the board that employs the superintendent, provided the superintendent or chair agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section.  Where, in the judgment of the commissioner, the alleged unprofessional conduct or incompetence places the students in immediate physical or emotional jeopardy, the office shall inform the superintendent of the school district in which the licensee is employed.  The superintendent may take only such action as is both necessary to protect students and consistent with the rights of the licensee.  The superintendent shall not do anything which compromises the integrity of the investigation.

§ 1709.  REPORTS

The commissioner of education shall issue annually a report to the standards board which shall contain:

(1)  the number of new licensees and endorsements they receive, the number of licenses that have lapsed without renewal, and the total number of licensees;

(2)  a summary of all complaints requiring preliminary review, formal investigation and formal charges; and

(3)  an accounting of all fees and administrative penalties received by the office and all expenditures and costs of the office for the year.

Sec. 3.  16 V.S.A. § 1931(20) is amended to read:

(20)  “Teacher” shall mean any licensed teacher, principal, supervisor, superintendent, or any professional licensed by the state board of education Vermont standards board for professional educators regularly employed for the full normal working time for his or her position in a public day school within the state, or in any school or teacher-training institution located within the state, controlled by the state board of education, and supported wholly by the state; or any teacher, principal, supervisor, superintendent, or any professional regularly employed for the full normal working time for his or her position in any nonsectarian independent school which serves as a high school for the town or city in which the same is located, provided such school is not conducted for personal profit.  It shall also mean any person employed in a teaching capacity in certain public independent schools designated for such purposes by the board of trustees in accordance with section 1935 of this title. In all cases of doubt the board of trustees, herein defined, shall determine whether any person is a teacher as defined in this chapter.  It shall not mean a person who is teaching with an emergency license.

Sec. 4.  16 V.S.A. § 1981(1) and (5) are amended to read:

(1)  “Administrator” means any person so licensed by the state board of education Vermont standards board for professional educators, the majority of whose employed time in a school or a school district is devoted to serving as superintendent, assistant superintendent, assistant to the superintendent, supervisor, principal, or assistant principal.

(5)  “Teacher” means any person licensed employable as a teacher by the state board of education Vermont standards board for professional educators who is not an administrator as herein defined.

Sec. 5.  26 V.S.A. § 4451(3), (10), and (14) are amended to read:

(3)  “Board” means the state board of education Vermont standards board for professional educators unless the context clearly requires otherwise.

(10)  “Private practice” means any work performed by a licensed

speech-language pathologist or audiologist that is not within the jurisdiction of the state board of education.

(14)  “Within the jurisdiction of the state board of education” means conduct or work performed by a licensed speech-language pathologist or audiologist on behalf of a supervisory union or public school district in Vermont or an independent school approved for special education purposes, or conduct otherwise subject to discipline under the state board of education licensing rules of the board.

Sec. 6.  26 V.S.A. § 4454(b) is amended to read:

(b)  This chapter shall not be construed to limit the authority of the state board of education to determine and evaluate the qualifications of, issue licenses to, or discipline licensees who are within the jurisdiction of the state board of education or the Vermont standards board for professional educators.

Sec. 7.  26 V.S.A. § 4455(b) is amended to read:

(b)  The secretary shall seek the advice of the individuals appointed under this section in matters related to qualifications or alleged misconduct not within the jurisdiction of the state board of education.  The advisors shall be entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for meetings called by the director.

Sec. 8.  26 V.S.A. § 4456(a)(6) is amended to read:

(6)  refer all complaints and disciplinary matters not within the jurisdiction of the state board of education to the secretary of state;

Sec. 9.  26 V.S.A. § 4457 is amended to read:

§ 4457.  LICENSURE; APPLICATIONS; ELIGIBILITY

Applicants for licenses under this chapter shall submit an application to the department on a form furnished by the department, along with payment of the specified fee and evidence of the eligibility qualifications established by the state board of education which shall include, at a minimum:

* * *

Sec. 10.  26 V.S.A. § 4458(a) is amended to read:

(a)  A license shall be renewed at an interval determined by the state board of education which shall be no fewer than every two years and no more than every seven years upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the department or the Vermont standards board for professional educators, during the interval.  The board shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter.

Sec. 11.  VERMONT EDUCATORS; CRITICAL NEEDS

At the 2006 meeting convened pursuant to subdivision 212(14) of Title 16, the group shall discuss, at a minimum, the need for teachers of children with autism and for speech-language pathologists.  If the group determines that there is a need for speech-language pathologists in Vermont, it shall discuss whether a new level of licensure which does not require a master’s degree would help to meet the need.

Sec. 12.  REPEAL

16 V.S.A. § 164(5) is repealed.

Sec. 13.  TRANSITION; EFFECTIVE DATE

(a)  The current Vermont standards board for professional educators shall continue to perform its duties under existing state board of education rules and its appointed members shall continue in their positions during fiscal year 2007. Notwithstanding any state board rule to the contrary, the state board may reappoint current standards board members for fiscal year 2007.

(b)  Regulations and standards adopted by the state board of education which relate to the areas under the authority of the Vermont standards board for professional educators pursuant to this act shall remain in effect upon passage of this act until the standards board officially changes them.

(c)  During fiscal year 2007, the governor shall appoint members of the Vermont standards board for professional educators and the individuals to serve on the hearing panels for staggered terms commencing July 1, 2007.

(d)  This section shall become effective on passage.  The remainder of this act shall take effect on July 1, 2007.

and that after passage, the title be changed to read as follows:  “AN ACT RELATING TO A STANDARDS BOARD AND LICENSING HEARING PANELS FOR PROFESSIONAL PUBLIC EDUCATORS”

(Committee Vote: 5-0-0)

Reported favorably by Senator Miller for the Committee on Appropriations.

(Committee vote: 6-0-1)

(For House amendments, see House Journal for February 28, 2006, page 476; March 1, 2006, page 503.)

UNFINISHED BUSINESS OF WEDNESDAY, APRIL 12, 2006

House Proposal of Amendment

S. 117

An act relating to state recognition of the Abenaki People.

The House proposes to the Senate to amend the bill as follows:

Sec. 1.  1 V.S.A. chapter 23 is added to read:

CHAPTER 23.  ABENAKI PEOPLE

§ 851.  FINDINGS

The general assembly finds that:

(1)  At least 1,700 Vermonters claim to be direct descendants of the several indigenous Native American peoples, now known as Western Abenaki tribes, who originally inhabited all of Vermont and New Hampshire, parts of western Maine, parts of southern Quebec, and parts of upstate New York for hundreds of years, beginning long before the arrival of Europeans.

(2)  There is ample archaeological evidence that demonstrates that the Missisquoi Abenaki were indigenous to and farmed the river floodplains of Vermont at least as far back as the 1100s A.D.

(3)  The Western Abenaki, including the Missisquoi, have a very definite and carefully maintained oral tradition that consistently references the Champlain valley in western Vermont.

(4)  Many contemporary Abenaki families continue to produce traditional crafts and intend to continue to pass on these indigenous traditions to the younger generations.  In order to create and sell Abenaki crafts that may be labeled as Indian- or Native American-produced, the Abenaki must be recognized by the state of Vermont.

(5)  Federal programs may be available to assist with educational and cultural opportunities for Vermont Abenaki and other Native Americans who reside in Vermont.

§ 852.  VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS  ESTABLISHED; AUTHORITY

(a)  In order to recognize the historic and cultural contributions of Native Americans to Vermont, to protect and strengthen their heritage, and to address their needs in state policy, programs, and actions, there is hereby established the Vermont commission on Native American affairs (the “commission”). 

(b)  The commission shall comprise seven members appointed by the governor for two-year terms from a list of candidates compiled by the division for historic preservation.  The governor shall appoint a chair from among the members of the commission.  The division shall compile a list of candidates’ recommendations from the following:

(1)  Recommendations from the Missisquoi Abenaki and other Abenaki and other Native American regional tribal councils and communities in Vermont.

(2)  Applicants who apply in response to solicitations, publications, and website notification by the division of historical preservation.

(c)  The commission shall have the authority to assist Native American tribal councils, organizations, and individuals to:

(1)  Secure social services, education, employment opportunities, health care, housing, and census information.

(2)  Permit the creation, display, and sale of Native American arts and crafts and legally to label them as Indian- or Native American‑produced as provided in 18 U.S.C. § 1159(c)(3)(B) and 25 U.S.C. § 305e(d)(3)(B).

(3)  Receive assistance and support from the federal Indian Arts and Crafts Board, as provided in 25 U.S.C. § 305 et seq.

(4)  Become eligible for federal assistance with educational, housing, and cultural opportunities.

(5)  Establish and continue programs offered through the U.S. Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972 to support educational and cultural efforts of tribal entities that have been either state or federally recognized.

(d)  The commission shall meet at least three times a year and at any other times at the request of the chair.  The agency of commerce and community development and the department of education shall provide administrative support to the commission.

(e)  The commission may seek and receive funding from federal and other sources to assist with its work.

§ 853.  RECOGNITION OF ABENAKI PEOPLE

(a)  The state of Vermont recognizes the Abenaki people and recognizes all Native American people who reside in Vermont as a minority population. 

(b)  Recognition of the Native American or Abenaki people provided in subsection (a) of this section shall be for the sole purposes specified in subsection 852(c) of this title and shall not be interpreted to provide any Native American or Abenaki person with any other special rights or privileges that the state does not confer on or grant to other state residents.

(c)  This chapter shall not be construed to recognize, create, extend, or form the basis of any right or claim to land or real estate in Vermont for the Abenaki people or any Abenaki individual and shall be construed to confer only those rights specifically described in this chapter.

Sec. 2.  Effective Date; Appointments To Commission

(a)  This act shall take effect on passage.

(b)  The governor shall make appointments to the commission no later than 90 days after the effective date of this act.

NEW BUSINESS

Third Reading

H. 856

An act relating to enhancing sentences for and preventing risks posed by dangerous sexual offenders.

PROPOSAL OF AMENDMENT TO H. 856 TO BE OFFERED BY SENATOR SEARS ON BEHALF OF THE COMMITTEE ON JUDICIARY

Senator Sears, on behalf of the Committee on Judiciary, moves that the Senate amend the Senate proposal of amendment as follows:

First: In Sec. 7, 13  V.S.A. § 2602(b), by striking out subdivision (1) in its entirety and inserting in lieu thereof a new subdivision (1) to read as follows:

(1)  For a first offense, imprisoned not less than one year two years and not more than 15 years or, and, in addition, may be fined not more than $5,000.00, or both.

Second: by striking out Sec. 27 in its entirety and inserting in lieu thereof a new Sec. 27 to read as follows:

Sec. 27.  13 V.S.A. § 5412 is amended to read:

§ 5412.  Active community notification by the department of public safety, the department of corrections, and local law enforcement; immunity

(a)  The department, the department of corrections, any authorized local law enforcement agency, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter.

(b)  The department, the department of corrections, and any authorized local law enforcement agency are authorized to notify members of the public who are likely to encounter a sex offender who poses a danger under circumstances that are not enumerated in this subchapter.

(c)  Notification of the community beyond those persons likely to encounter a sex offender shall be authorized only under circumstances which constitute a compelling risk to public safety and only after consultation with the Vermont crime information center and the department of corrections.

(d)  Active community notification regarding registered sex offenders who may pose a danger to members of the community is an important public safety tool which the general assembly intends for authorized agencies to use at their discretion in accordance with this subchapter.

Third: in Sec. 25, 13  V.S.A. § 5411, by striking out subsection (c) in its entirety and by inserting two new sections, to be numbered Sec. 36 and Sec. 37, to read as follows:

*** Community Notification Expansion ***

Sec. 36.  13 V.S.A. § 5411(c) is amended to read:

§ 5411.  NOTIFICATION TO LOCAL LAW ENFORCEMENT AND LOCAL COMMUNITY

(c)(1)  Except as provided for in subsection (e) of this section, upon request of a member of the public about a specific person, the department, the department of corrections, and any authorized local law enforcement agency shall release registry information on the following registrants: sex offenders and violent offenders whose information is required to be posted on the internet in accordance with section 5411a of this title.

(A)  Sex offenders who have been convicted of section 3253 of this title (aggravated sexual assault), subdivision 2405(a)(1)(D) of this title if a registrable offense (kidnapping and sexual assault of a child), or 33 V.S.A. § 6913(d)(sexual activity with a vulnerable adult).

(B)  Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction.

(C)  Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance.

(D)  Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(E)  Sex offenders who have been designated by the department of corrections, pursuant to section 5411b of this title, as high risk.

(2)  The department, the department of corrections, and any authorized local law enforcement agency shall release the following registry information to a requestor in accordance with subdivision (1) of this subsection:

(A)  the offender's known aliases;

(B)  the offender's date of birth;

(C)  a general physical description of the offender;

(D)  the offender's town of residence;

(E)  the date and nature of the offender's conviction;

(F)  if the offender is under the supervision of the department of corrections, the name and telephone number of the local department of corrections office in charge of monitoring the offender;

(G)  whether the offender complied with treatment recommended by the department of corrections;

(H)  whether there is an outstanding warrant for the offender's arrest; and

(I)  the reason for which the offender information is accessible under subdivision (1) of this subsection.

Sec. 37.  13 V.S.A. § 5411c is added to read:

§ 5411c.  Active community notification by the department of public safety, the department of corrections, and local law enforcement

(a)  Notwithstanding other provisions to the contrary, the department, the department of corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about any sex offender or violent offender whose information is required to be posted on the internet in accordance with section 5411a of this title.

(b)  The department, the department of corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about a sex offender or violent offender whose information is not required to be posted on the internet in accordance with section 5411a of this title only under circumstances which constitute a compelling risk to public safety and only after consultation with the Vermont crime information center and the department of corrections.

(c)  Active community notification regarding registered sex offenders and violent offenders who may pose a danger to members of the community is an important public safety tool which the general assembly intends for authorized agencies to use at their discretion in accordance with this subchapter.

And by renumbering the remaining sections to be numerically correct.


Second Reading

Favorable

H. 874

An act relating to sentencing for first and second degree murder.

Reported favorably by Senator Wilton for the Committee on Judiciary.

(Committee vote: 6-0-1)

(No House amendments)

House Proposal of Amendment

S. 246

An act relating to eminent domain.

The House proposes to the Senate to amend the bill as follows:

     In Sec. 1, 12 V.S.A. § 1040(b), by striking out the words “purposes of constructing, maintaining, or operating” and inserting in lieu thereof the words the following purposes

NOTICE CALENDAR

Favorable

H. 882

An act relating to approval of amendments to the charter of the town of Richmond.

Reported favorably by Senator Condos for the Committee on Government Operations.

(Committee vote: 5-0-1)

(No House amendments)

Favorable with Proposal of Amendment

H. 615

An act relating to the public records act and application of the deliberative process privilege.

Reported favorably with recommendation of proposal of amendment by Senator White for the Committee on Government Operations.

The Committee recommends that the Senate propose to the House to amend the bill by adding a new section to be Sec. 4 to read as follows:

Sec. 4.  LEGISLATIVE COUNCIL STUDY

The legislative council, in consultation with the state archivist, the public records specialists in the department of buildings and general services, the agency of administration, the division of vital records in the department of health, the Vermont league of cities and towns, the Vermont municipal clerks and treasurers association, and other interested parties, shall study the public records law of the state of Vermont as set forth in chapter 5 of Title 1, 3 V.S.A. § 218, and the numerous exemptions to the public records requirements throughout the Vermont statutes.  On or before January 15, 2007, the legislative council shall report to the house and senate committees on government operations.  The report shall include:

(1)  A summary of the statutory requirements and organization of the state public records requirements;

(2)  An analysis of the ease of access and use of public records under the existing state public records requirements and any recommendations to improve use of and access to public records;

(3)  An analysis of the need and justification for each of the existing exemptions in statute to the inspection and review requirements of the public records act;

(4)  A review of the management and administration of public records requirements by the department of buildings and general services, other state agencies, and municipalities;

(5)  A summary of the pending federal regulations for the administration, issuance, and inspection of vital records and a review of how such regulations will impact Vermont public records management and inspection;

(6)  A summary of the enforcement of public records requirements in the state, including the ability of an aggrieved person to appeal a decision of a public agency, and a summary of public records enforcement and appellate authority in other states; and

(7)  Proposed legislation to amend, reorganize, and simplify the public records requirements of the state of Vermont.

(Committee Vote: 5-0-1)

(For House amendments, see House Journal for February 17, 2006, page 341; February 21, 2006, page 357.)

H. 766

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

Reported favorably with recommendation of proposal of amendment by Senator Illuzzi for the Committee on Judiciary.

The Committee recommends that the Senate propose to the House to amend the bill by adding a new section to be Sec. 6 to read as follows:

Sec. 6.  EFFECTIVE DATE

This act shall take effect on passage.

and that after passage, the title be amended to read as follows:  “AN ACT RELATING TO STRICT FORECLOSURE”

(Committee Vote: 4-0-5)

(For House amendments, see House Journal for March 3, 2006, page 546.)

H. 794

An act relating to military service and professional regulation.

Reported favorably with recommendation of proposal of amendment by Senator Giard for the Committee on Government Operations.

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.  20 V.S.A. § 368 is added to read

§ 368.  ACTIVATION OR DEPLOYMENT OF NATIONAL OR STATE GUARD OR RESERVE MEMBERS; PROFESSIONS AND OCCUPATIONS; STATE REGULATION

Notwithstanding any provision of law to the contrary, a member of the national guard, state guard, or reserve component, whose profession or occupation is regulated by an agency of the state and who holds a valid license, certification or registration to practice that profession or occupation at the time of activation or deployment shall be entitled to:

(1) an extension of the period of active licensure or certification through the duration of and up to sixty days following the person’s return from activation or deployment provided that maintenance of active licensure or certification is required by the military during the time of such activation or deployment.  In order to qualify for the extension, the person shall:

(A) notify the agency of his or her activation or deployment at any time prior to the scheduled expiration of the current license or certification; and

(B) certify that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license or certification.

(2)  a reasonable opportunity to meet the terms or conditions of licensure or certification following the person’s return from activation or deployment if military service in any way interferes with a good faith effort to complete a term or condition of licensure, regardless of whether the military requires the person to maintain the license or certification during the time of activation or deployment.

Sec. 2.  EFFECTIVE DATE

This act shall take effect upon passage and shall apply to any person who

meets the requirements of this section on July 1, 2005 or thereafter.

(Committee Vote: 5-0-1)

(For House amendments, see House Journal for February 2, 2006, page 212.)

H. 861

An act relating to health care affordability for Vermonters.

Reported favorably with recommendation of proposal of amendment by Senator Leddy for the Committee on Health and Welfare.

Reported favorably with recommendation of proposal of amendment by Senator Cummings for the Committee on Finance.

Reported favorably with recommendation of proposal of amendment by Senator Bartlett for the Committee on Appropriations.

(For Committee Reports, see Addendum to Senate Calendar for Thursday, April 13, 2006)

H. 877

An act relating to funding of regional technical center school district

Reported favorably with recommendation of proposal of amendment by Senator Collins for the Committee on Education.

The Committee recommends that the Senate propose to the House to amend the bill in Sec. 1, 16 V.S.A. § 1578a(a), following the words "technical center" by inserting the word school

(Committee Vote: 4-0-1)

(No House amendments.)

House Proposal of Amendment

S. 262

An act relating to expanding employer access to applicants’ criminal records.

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

Sec. 1.  20 V.S.A. § 2056b(a) is amended to read:

(a)  The Vermont criminal information center may provide Vermont criminal history records as defined in section 2056a of this title to bona fide persons conducting research related to the administration of criminal justice, subject to conditions approved by the commissioner of public safety to assure the confidentiality of the information and the privacy of individuals to whom the information relates.

Sec. 2.  20 V.S.A. § 2056c is amended to read:

§ 2056c.  DISSEMINATION OF CRIMINAL HISTORY RECORDS TO EMPLOYERS

(a)  As used in this section:

(1)  “Applicant” means an individual seeking or being sought for employment or, a volunteer position with an employer, or admission to a course of instruction offered by the Vermont criminal justice training council.

(2)  “Criminal conviction record” means the record of convictions in Vermont and convictions in other jurisdictions.

(3)  “Employer” means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this state, which has one or more individuals performing services for it within this state; and

(A)  the employer is a qualified entity that provides care or services to vulnerable classes as provided in 42 U.S.C. §§ 5119a and 5119c; or

(B)  the employer is a postsecondary school with student residential facilities or an authorized agent.

(4)  “The center” means the Vermont crime criminal information center.

(5)  “Vulnerable classes” means children, the elderly, and persons with disabilities as defined in 42 U.S.C. § 5119c.

(b)(1)  An employer may obtain from the center a Vermont criminal conviction record and an out-of-state criminal record for any applicant who has given written authorization on a release form provided by the center, provided that the employer has filed a user’s agreement with the center.  The user’s agreement shall require the employer to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy.  The user’s agreement shall be signed and kept current by the employer.

(2)  An individual, organization, or governmental body doing business in Vermont which has one or more individuals performing services for it within this state and which is a qualified entity that provides care or services to children, the elderly, or persons with disabilities as defined in 42 U.S.C. § 5119c may obtain from the center an out-of-state criminal conviction record for any applicant who has given written authorization on a release form provided by the center, provided that the employer has filed a user’s agreement with the center and complies with all other provisions of this section.

(c)(1)  The employer may obtain the a criminal conviction record only:

(A)  after the applicant has been given an offer of employment conditioned on the record check or;

(B)  after a volunteer has been offered a position conditioned on the record check.

(2)  The Vermont criminal justice training council may obtain a criminal conviction record only after an applicant has been accepted into a course of instruction offered by the Vermont criminal justice training council conditioned on the record check.

(3)  An organization that receives a criminal conviction record pursuant to this section shall provide a free copy of such record to the record subject within ten days of receipt of the record.

(4)  An organization entitled to receive a criminal conviction record pursuant to this section shall not require an applicant to obtain or submit personally a copy of his or her criminal conviction record for purposes of employment or acceptance into a course offered by the Vermont criminal justice training council.

(d)(1)  Postsecondary school employers may obtain criminal records only for applicants who apply for employment or volunteer positions that provide access to student residential facilities.  Employers shall be provided with informational material by the center prior to authorization to request criminal conviction records.  The materials shall address the following topics:

(A)  Requirements of the user agreement.

(B)  How to obtain criminal conviction records from the center.

(C)  How to interpret criminal conviction records.

(D)  How to obtain source documents summarized in the criminal conviction records.

(E)  Misuse of criminal conviction records.

(2)  Employers shall certify on the user agreement that they have read and understood the materials prior to receiving authorization to request records from the center.

(e)  The release form shall contain the applicant’s name, signature, date of birth, place of birth, and the signature as attested to by a notary public.  The release form shall state that the applicant has the right to appeal the findings to the center, pursuant to rules adopted by the commissioner of public safety.

(f)  No (1)  Except as otherwise authorized by this chapter, no person shall confirm the existence or nonexistence of criminal conviction record information to any person who would not be eligible to receive the information pursuant to this subchapter or disclose the contents of a criminal conviction record without the record subject’s permission to any person other than the applicant and properly designated employees of the employer who have a documented need to know the contents of the record.

(2)  An employer who receives criminal conviction records pursuant to this section shall maintain a confidential log of all record requests as specified by the center.  The employer shall confidentially retain records relating to requests for criminal conviction records for a period of three years.  At the end of the retention period, if logs and records are to be destroyed, they shall be shredded.

(g)  A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the center under the authority subsection (f) of this section shall be fined assessed a civil penalty of not more than $5,000.00.  Each unauthorized disclosure shall constitute a separate civil violation.  The office of the attorney general shall have authority to enforce this section.

(h)  The center shall provide notice of the penalty for unauthorized disclosure on a form accompanying any report of a criminal conviction record to an employer.  The notice shall include, in boldface print, the following statements:  THE REQUESTOR AGREES TO USE CRIMINAL CONVICTION RECORD INFORMATION RECEIVED FROM THE VERMONT CRIME CRIMINAL INFORMATION CENTER FOR THE PURPOSES INTENDED BY LAW. THE REQUESTOR AGREES NOT TO DISCLOSE THE CONTENTS OF ANY CRIMINAL CONVICTION RECORD INFORMATION WITHOUT THE APPLICANT’S PERMISSION TO ANY PERSON OTHER THAN THE APPLICANT AND PROPERLY DESIGNATED EMPLOYEES WHO HAVE A DOCUMENTED NEED TO KNOW THE CONTENTS OF THE RECORD.  A VIOLATION MAY RESULT IN A FINE CIVIL PENALTY OF UP TO $5,000.00.  EACH UNAUTHORIZED DISCLOSURE SHALL CONSTITUTE A SEPARATE CIVIL VIOLATION.

(i)  Nothing in this section shall create a statutory duty for an employer to perform a criminal conviction record check on every job applicant hired by the employer.  An employer’s failure to obtain a criminal conviction record on an employee who subsequently commits a criminal offense shall not be the sole factor in determining civil or criminal liability unless otherwise authorized by law.

Sec. 3.  20 V.S.A. § 2056d(a) is amended to read:

(a)  Statewide criminal history records shall be released only by the Vermont criminal information center.

Sec. 4.  20 V.S.A. § 2056f is added to read:

§ 2056f.  DISSEMINATION OF CRIMINAL HISTORY RECORDS AND CRIMINAL CONVICTIONS RECORDS TO AN INDIVIDUAL

A person may obtain a copy of his or her own criminal history record as defined in section 2056a of this title or criminal conviction record as defined in section 2056c of this title or a statement that no record exists from the Vermont criminal information center.  Copies of a person’s criminal history record and criminal conviction record may be obtained by making a personal appearance at the center during regular business hours or by written request.  Written requests shall be on a form specified by the center and shall contain the person’s name, date of birth, place of birth, and signature as attested to by a notary public.  A raised seal must be affixed to the form.

Sec. 5.  20 V.S.A. § 2063 is amended to read:

§ 2063.  CRIMINAL HISTORY RECORD FEES; CRIMINAL HISTORY RECORD CHECK FUND

(a)  Except as otherwise provided for in this section, the cost of each check for a criminal history check record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056c of this title based on name and date of birth shall be $10.00.  Out-of-state criminal history record checks shall include any additional fees charged by the state from which the record is requested.

(b)  Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by state or federal law shall be exempt from all record check fees.  The following types of requests shall be exempt from the Vermont criminal record check fee:

(1)  Requests made by governmental agencies or entities regulated by governmental agencies in accordance with local, state or federal law or regulation which requires a criminal record check for employment or licensing any individual, organization, or governmental body doing business in Vermont which has one or more individuals performing services for it within this state and which is a qualified entity that provides care or services to children, the elderly, or persons with disabilities as defined in 42 U.S.C. § 5119c.

(2)  Requests made by researchers approved by the Vermont criminal information center to conduct research related to the administration of criminal justice.  A fee, however, may be charged by the center which shall reflect the cost of generating the requested information.

(3)  Requests made by individuals to review their own record at the Vermont criminal information center; however, copies of the individual’s record are not exempt from the record check fee.

(c)  The criminal history record check fund is established and shall be managed by the commissioner of public safety in accordance with the provisions of Title 32, chapter 7, subchapter 5 of chapter 7 of Title 32.  All fees paid under this section shall be placed in the fund and used for personnel and equipment related to the processing, maintenance, and dissemination of criminal history records.  The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.

(d)  The department of public safety shall have the authority, with the approval of the secretary of administration, to establish limited service positions as are necessary to provide criminal record checks in a timely manner, provided that there are sufficient funds in the criminal history record check fund to pay for the costs of these positions.

Sec. 6.  DATA COLLECTION

The Vermont criminal information center shall report to the house and senate committees on judiciary on or before January 15, 2007 on the following:

(1)  All individuals, organizations, or governmental bodies entitled to obtain criminal record information from the center and the legal authority for such access.

(2)  The record information that is released to those identified by subdivision (1) of this section.

(3)  The number of record requests by a group of requestors.

(4)  The number of record requests without release forms.

(5)  An assessment of the cost of the criminal record check program compared to the revenues generated from record requests.

(6)  Any additional data that will assist the committees in engaging in a comprehensive review of access to statewide criminal record information.

Sec. 7.  REPORT

(a)  There is established an access to criminal history record information committee for the purpose of making findings and recommendations regarding public access to statewide criminal history records from the Vermont crime information center and the dissemination of electronic criminal case record information by the court.  The committee shall consider what information should be released, by what method and to whom, in a manner that is consistent, reliable, and sensitive to privacy issues.

(b)  The committee shall consist of the following members:

(1)  A judge or justice appointed by the chief justice of the Vermont supreme court.

(2)  The director of the Vermont crime information center.

(3)  The executive director of the Vermont bar association or his or her designee.

(4)  The executive director of the American Civil Liberties Union.

(5)  Two former legislators appointed jointly by the speaker of the house and the senate committee on committees.

(c)  The judge or justice shall be the chair of the committee.

(d)  The Vermont crime information center and the judiciary shall provide the committee with information and assistance necessary to accomplish its charge.

(e)  Former legislative members of the committee shall be entitled to per diem compensation and reimbursement for expenses in the same manner as current legislative members in accordance with 2 V.S.A. § 406.

(f)  The committee shall report its findings and recommendations to the house and senate committees on judiciary on or before January 15, 2007.

Sec. 8.  DISSEMINATION OF ELECTRONIC CASE RECORDS

The judiciary shall not permit public access via the internet to criminal case records or family court case records prior to June 1, 2007.  The court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, internet access to criminal case records for criminal justice purposes, as defined in section 2056a. 

Amendment to Senate Proposal of Amendment to House Proposal of Amendment

S. 27

An act relating to a safe haven defense to the crime of abandoning a baby.

The House has concurred in the Senate proposal of amendment to the House proposal of amendment, with a further amendment as follows:

In Sec. 1, 13 V.S.A. § 1303(b)(1), by striking out subparagraph (B) in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:

(B)  An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this state to place minors for adoption.

Report of Committee of Conference

H. 404

An act relating to access to mental health and substance abuse providers.

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:

H. 404.  An act relating to access to mental health and substance abuse providers.

Respectfully report that they have met and considered the same and recommend that the House concur with the Senate proposal of amendment. 

                                                                        Sen. Claire Ayer

                                                                        Sen. Jeannette White

                                                                        Sen. Hull Maynard

                                                                 Committee on the part of the Senate

                                                                        Rep. Michael Fisher

                                                                        Rep. Anne Donahue

                                                                        Rep. Sandy Haas

                                                                 Committee on the part of the House

ORDERED TO LIE

S. 112

An act relating to the practice of optometry.

PENDING ACTION:  Second reading of the bill.

S. 157

An act relating to rulemaking for Vermont origin.

PENDING ACTION:  Second reading of the bill.

S. 315

An act relating to creation of the Vermont Land Bank program.

Pending Action:  Second Reading of the bill.

S. 316

An act to accelerate access to broadband services throughout Vermont.

Pending Action:  Second Reading of the bill.

S. 319

An act relating to expanding the scope of the net metering program.

Pending Action:  Second Reading of the bill.

Concurrent Resolutions

     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.  65.

     Senate concurrent resolution congratulating former Jay town clerk Elnora Beattie Morse on her 100th birthday.

S.C.R.  66.

Senate concurrent resolution congratulating Caitlin Hughes and Maggie Kinzel on their participation in the People to People World Leadership Forum.

S.C.R. 67.

     Senate concurrent resolution congratulating the 2005-2006 Vermont Schweitzer fellows for completing 1,200 hours of service to Vermont and for continuing a tradition of ten years of public service on behalf of the Albert Schweitzer Fellowship in Vermont.

S.C.R. 68.

Senate concurrent resolution congratulating the Visiting Nurse Association of Chittenden and Grand Isle Counties on the occasion of its centennial anniversary.

H.C.R. 288.

House concurrent resolution congratulating the 2006 Vermont Alliance for Arts Education (VAAE) award winners.

H.C.R. 289.

House concurrent resolution congratulating Lucy Weber on winning the 2006 Vermont state individual spelling bee.

H.C.R. 290.

House concurrent resolution recognizing Elizabeth Hambleton for her generosity of spirit and dedication to serving the citizens of Northfield.

H.C.R. 291.

House concurrent resolution congratulating the 2006 Essex High School Hornets Division I championship girls basketball team.

H.C.R. 292.

     House concurrent resolution congratulating the 2006 Essex High School Hornets state championship boys indoor track team.

H.C.R. 293.

House concurrent resolution congratulating the 2006 Essex High School championship gymnastics team.

H.C.R. 294.

House concurrent resolution congratulating the 2006 Essex High School Hornets Division I championship boys hockey team.

H.C.R. 295.

House concurrent resolution congratulating the 2005 Essex High School Hornets Division I championship girls soccer team.

H.C.R. 296.

House concurrent resolution in memory of Harry Corrow of Newport City.

H.C.R. 297.

House concurrent resolution congratulating the 2006 Mt. Anthony Union High School Patriots Division I championship boys Nordic ski team and girls Nordic classical individual title winner, Julia Seyferth.

H.C.R. 298.

House concurrent resolution congratulating Coach Scott Legacy and the 2006 Mt. Anthony Union High School Patriots state championship wrestling team.

H.C.R. 299.

     House concurrent resolution congratulating the Bennington County Head Start on its 40th anniversary.

H.C.R. 300.

House concurrent resolution congratulating the 2006 Vergennes Union High School Commodores Division II championship cheerleading team.

H.C.R. 301.

House concurrent resolution congratulating the 2006 Burr and Burton Academy Division II championship boys basketball team.

H.C.R. 302.

House concurrent resolution congratulating the 2006 Burr and Burton Academy Bulldogs championship boys alpine ski team.

H.C.R. 303.

House concurrent resolution congratulating the 2006 Vergennes Union High School Commodores Division II championship girls basketball team.

H.C.R. 304.

House concurrent resolution thanking the families of state legislators.

H.C.R. 305.

House concurrent resolution honoring Mary Fell of Underhill for her outstanding record of community service.

CONFIRMATIONS

     The following appointments 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.

     Robert Alberts of Bridport – Member of the Vermont Housing Finance Agency – By Sen. Ayer for the Committee on Finance.  (2/10)

     John Valente of Rutland – Member of the Vermont Municipal Bond Bank – By Sen. Maynard for the Committee on Finance.  (2/24)

     Paul Andrew of South Burlington – Member of the Vermont Municipal Bond Bank – By Sen. Ayer for the Committee on Finance.  (3/15)

     Thomas James of Essex Junction – Member of the State Board of Education – By Sen. Collins for the Committee on Education.  (3/15)

     Dagyne Canney of North Clarendon – Member of the Vermont Housing Finance Agency – By Sen. Maynard for the Committee on Finance.  (3/27)

     John Hall of St. Johnsbury – Commissioner of the Department of Housing and Community Affairs – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs.  (4/11)

     Patricia McDonald of Berlin – Chair of the Vermont Employment Security Board (November 15, 2004-February 28, 2005)– By Sen. Miller for  the Committee on Economic Development, Housing and General Affairs.  (4/12)

     Patricia McDonald of Berlin – Chair of the Vermont Employment Security Board (March 1, 2005-February 28, 2007) – By Sen. Miller for  the Committee on Economic Development, Housing and General Affairs.  (4/12)

     Patricia McDonald of Berlin – Commissioner of the Department of Labor – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (4/12)

     Bruce Hyde of Granville – Commissioner of the Department of Tourism and Marketing – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (4/12)

     Michael A. Welch of St. Johnsbury – Member of the Valuation Appeals Board – By Sen. Ayer for the Committee on Finance.  (4/13)

     Sonia D. Alexander of Wilmington – Member of the Valuation Appeals Board – By Sen. Ayer for the Committee on Finance.  (4/13)

     Dawn Bugbee of St. Albans – Member of the Vermont Educational and Health Buildings Finance Agency Board – By Sen. Ayer for the Committee on Finance.  (4/13)

     Kevin Dorn of Essex Junction – Secretary of the Agency of Commerce and Community Development – By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (4/13)

     Michael W. Quinn of Essex Junction – Commissioner of the Department of Economic Development – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (4/13)

Cynthia D. LaWare of Williston – Secretary, Agency of Human Services – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Eryn Brownlee of Montpelier – Member of the Children and Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Lynn Marie Bundy of Montpelier – Member of the Children and Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Suzanne Masland of Thetford – Member of the Children and Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Robert Sheil of Montpelier – Member of the Children and Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

William B. LaWare of Williston – Member of the Children and Family Council for Prevention Programs – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Frank Mazur of South Burlington – Member of the Public Oversight Commission – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Gregory MacDonald of East Montpelier – Member of the Vermont Tobacco Evaluation and Review Board – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Coleen Krauss of Montpelier – Member of the Vermont Tobacco Evaluation and Review Board – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Gregory Peters of Shelburne – Member of the Public Oversight Commission – By Sen. Lyons for the Committee on Health and Welfare.  (4/14)

Phyllis Soule of Fairfax – Member of the Human Services Board – By Sen. Kittell for the Committee on Health and Welfare.  (4/14)

Mary Jane Wasik of Pittsford – Member of the Human Services Board – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)

Hillary Roper of Stowe – Member of the Public Oversight Commission – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)

David M. Anderson of Tunbridge – Member of the Public Oversight Commission – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)

John Lindley, III of Montpelier – Member of the Public Oversight Commission – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)

Kitty LaBarge of South Hero – Member of the Public Oversight Commission – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)

Ezekiel S. Cross of Shaftsbury – Member of the Board of Medical Practice – By Sen. Mullin for the Committee on Health and Welfare.  (4/14)