Senate Calendar

wednesday, april 26, 2006

114th DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

UNFINISHED BUSINESS OF TUESDAY, APRIL 25, 2006

Third Reading

H. 211    Regulating emissions from diesel-powered commercial vehicles........ 1851

                  Sen. Coppenrath amendment....................................................... 1851

                  Sen. Starr amendment.................................................................. 1852

NEW BUSINESS

Third Reading

H. 294    Relating to groundwater management.............................................. 1852

H. 306    Transportation of individuals in the custody of the state ................... 1853

H. 618    Services for transitional youth.......................................................... 1853

H. 881    An act making appropriations for the support of government............ 1853

                  Sen. Bartlett amendment.............................................................. 1853

Second Reading

Favorable with Proposal of Amendment

H. 702    Executive branch fees..................................................................... 1855

                  Finance Committee Report.......................................................... 1855

Joint Resolution for Action

JRH 72  Urging Congress not to preempt state mental parity laws.................. 1857

NOTICE CALENDAR

Favorable

H.774     Relating to the Vermont economic development authority................. 1857

                  Agriculture Committee Report...................................................... 1857

                  Finance Committee Report.......................................................... 1857

H. 845    Relating to cable television tariff requirements.................................. 1857

                  Finance Committee Report.......................................................... 1857

H. 883    Relating to amending the charter of the city of Burlington.................. 1857

                  Government Operations Committee Report.................................. 1857

                  Finance Committee Report.......................................................... 1857


Favorable with Proposal of Amendment

H. 701    Relating to unidentified corridors..................................................... 1858

                  Government Operations Committee Report.................................. 1858

House Proposal of Amendment

S. 51       Relating to disability retirement benefits for state employees............. 1862

S. 218     Relating to motor vehicle retail installment sales contracts................. 1862

S. 265     Relating to penalties for larceny crimes............................................ 1864

ORDERED TO LIE

S. 112     Relating to the practice of optometry............................................... 1868

S. 157     Relating to rulemaking for Vermont origin........................................ 1868

S. 315     Relating to creation of the Vermont Land Bank program.................. 1868

S. 316     Relating to access to broadband services throughout Vermont......... 1868

S. 319     Relating to expanding the scope of the net metering program............ 1868

H. 480    Relating to precursor drugs of methamphetamine............................. 1868



 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF TUESDAY, APRIL 25, 2006

Third Reading

H. 211

An act relating to regulating emissions from diesel-powered commercial motor vehicles.

PROPOSAL OF AMENDMENT TO H. 211 TO BE OFFERED BY SENATOR COPPENRATH BEFORE THIRD READING

Senator Coppenrath moves that the Senate proposal of amendment be amended by striking out the Second proposal of amendment in its entirety and inserting in lieu thereof the following:

Second:  In Sec. 2, 23 V.S.A. § 1222a, by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  No diesel‑powered commercial motor vehicle shall be operated on the highways of this state unless the vehicle complies with the exhaust-smoke emission standard and the rules adopted by the commissioner of motor vehicles.  Any person who owns or operates such a vehicle while it is operated in violation of the provisions of this section or the rules adopted by the commissioner shall be fined:

(1)  $200.00 for a first violation per vehicle, within 45 days from the date of the emission inspection, the defect is repaired and notification of the repair is provided to the department of motor vehicles or the vehicle is taken out of service;

(2)  $200.00 for a second violation by the same vehicle within a two-year period if the first violation was repaired within 45 days from the date of the emission inspection;

(3)  $400.00 for a second violation by the same vehicle within a two-year period if the first violation was not repaired within 45 days from the date of the emission inspection;

(4)  $ 400.00 for a third or subsequent violation committed by the same vehicle within a two-year period if the first violation was repaired within 45 days from the date of the emission inspection; and

(5)  $800.00 for a third or subsequent violation committed by the same vehicle within a two-year period if the first violation was not repaired within 45 days from the date of the emission inspection.

(c)  The commissioner shall establish by rule a process by which the owner of a vehicle that has been taken out of service under this section and that is currently in violation of the exhaust-smoke emission standard shall, prior to sale or transfer of the vehicle, notify the purchaser or transferee that the vehicle does not comply with the exhaust-smoke emission standard. 

(d)  All fines generated from the violation of this section shall be deposited in the transportation fund.

Third:  In Sec. 2, 23 V.S.A. § 1222a(b), subdivision (2) after the following: “emission inspection” by inserting the following: , except that a person shall not be fined if the second violation occurs within 60 days of from the date of repair of the first violation.  For purposes of this subdivision, the “date of repair” shall be the date indicated in the notification of repair submitted to the department of motor vehicles under subdivision (b)(1) of this subsection

And by renumbering the remaining proposal of amendment to be numerically correct.

PROPOSAL OF AMENDMENT TO H. 211 TO BE OFFERED BY SENATOR STARR BEFORE THIRD READING

Senator Starr moves that the second Senate proposal of amendment be amended in Sec. 2, 23 V.S.A. §1222a, by adding a subsection (c)  to read as follows:

(c)  The owner or operator of a vehicle that fails an exhaust smoke emission test administered under this section shall be exempt from the fines set forth in subsection (b) of this section if the owner or operator of the vehicle presents to the officer of the department of motor vehicles conducting the emissions test a certificate issued by a certified commercial motor vehicle service provider indicating that the service provider has completed emissions maintenance and tuning on the vehicle within the preceding six months.  Exemption under this subsection from the fines set forth in subsection (b) of this section does not relieve the owner or operator of a vehicle from his or her duty to repair the vehicle within 45 days of the date of the failed emissions inspection.

NEW BUSINESS

Third Reading

H. 294

An act relating to groundwater management.

H. 306

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

H. 618

An act relating to services for transitional youth.

H. 881

An act making appropriations for the support of government.

PROPOSAL OF AMENDMENT TO H. 881 TO BE OFFERED BY SENATOR BARTLETT, ON BEHALF OF THE COMMITTEE ON APPROPRIATIONS, BEFORE THIRD READING

Senator Bartlett, on behalf of the Committee on Appropriations, moves that the Senate proposal of amendment be amended as follows:

     First:  In Sec. 118, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

     (a) The amount of $335,000 of the above general fund/global commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services.  It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state funding sources.  The department of health AIDS program shall meet at least quarterly with the HIV/AIDS service advisory committee (HASAC) with current information and data relating to service initiatives.  The funds shall be allocated as follows;

          (1) AIDS Project of Southern Vermont - $72,000

          (2) ACORN - $30,000

          (3) IMANI - $21,000

          (4) VT CARES - $147,000

          (5) Twin States Network - $30,000

          (6) People with AIDS Coalition - $35,000

     Second:  In Sec. 271c, subsection (a), subdivision (2), by striking out the figure “$3,200,000” and inserting in lieu thereof the figure $3,250,000

     Third:  By adding a new section to be numbered Sec. 271d to read as follows:

Sec. 271d.  LAMOILLE VALLEY RAIL TRAIL

(a)  The federal earmark for development of the railbanked Lamoille Valley rail corridor recreational trail shall be classified and administered by the agency of transportation as an enhancement project under 23 U.S.C. §101(a)(35).

     Fourth:  By striking out Sec. 286 in its entirety and inserting in lieu thereof a new Sec. 286 to read as follows:

Sec. 286.     24 V.S.A. § 138(d) is amended to read:

     (d) Of the taxes reported collected under this section, 80 percent shall be paid to the municipality in which they were reported for calendar year 1999, 70 percent shall be paid to the municipality in which they were reported for calendar years thereafter. Such revenues may be expended by the municipality for municipal services only and not for educational expenditures. The remaining amount of the taxes reported shall be remitted monthly to the state treasurer for deposit in the PILOT special fund established in Sec. 89 of No. 60 of the Acts of 1997. Amounts to be paid to a municipality under this section shall be reduced by five percent to reflect the difference between the amounts reported and collected. Taxes due to a municipality under this section, less the costs of administration and collection, shall be paid on a quarterly basis. seventy percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section.  Revenues received by a municipality may be expended for municipal services only, and not for education expenditures.  Any remaining revenue shall be deposited into the PILOT special fund established by 32  V.S.A. § 3709.

     Fifth:  By adding a new section to be numbered Sec. 293c to read as follows:

Sec. 293c.  Sec. 9 of No. 45 of the Acts of 2003 is amended to read:

Sec. 9.  SUNSET

(a)  Subdivision (1)(F) and subsection (2) of Sec. 4 (advisory groups), Sec. 5 (legislative oversight committee on human services restructuring), and Sec. 6 (restructuring authorization) of this act shall expire on July 1, 2006.

(b)  Subdivision (1)(F) and subsection (2) of Sec. 4 (advisory groups),  and Sec. 5 (legislative oversight committee on human services restructuring) of this act shall expire on July 1, 2009.

     Sixth:  By adding a new section to be numbered Sec. 296a. to read as follows:

Sec. 296a.  FISH AND WILDLIFE DEPARTMENT; FUNDING; TASK FORCE

(a)  The governor shall appoint a fish and wildlife funding task force of up to nine members to develop recommendations for comprehensive, sustainable funding mechanisms for the operations of the department of fish and wildlife which complement existing funding sources.  The task force shall, among other things, consider whether costs of work carried out by fish and wildlife department personnel in providing technical services to permitting bodies and in enforcing laws and regulations other than fish and wildlife laws and regulations, should be paid for from other agency and department funds, as appropriate.

(b)  The office of finance and management shall provide staff services to the committee.  Members may receive a per diem and expenses pursuant to section 1010 of Title 32.  On or before January 15, 2007, the committee shall report its recommendations to the governor and the following legislative committees:  the senate committees on finance, on appropriations, and on natural resources and energy; and the house committees on ways and means, on appropriations, and on fish, wildlife and water resources. 

Second Reading

Favorable with Proposal of Amendment

H. 702

An act relating to executive branch fees.

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

The Committee recommends that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 2. 7 V.S.A. §231(a), by striking out subdivisions (6), (10), (11), (12) (13), and (15) and inserting in lieu thereof:

(6)  For a third class license, $440.00 $880.00 for an annual license and $275.00 $440.00 for a six months’ month license;.

* * *

(10)  For a third class cabaret license, $440.00 $880.00 for an annual license and $275.00 $440.00 for a six months’ month license;.

(11)  For up to four ten fourth class vinous licenses, $50.00; $100.00.

(12)  For vinous direct sales by a manufacturer or rectifier, $50.00; $300.00.

(13)  For a special events permit, $25.00; $100.00.

* * *

(15)  For a wine tasting permit, $15.00 $50.00.

Second:  By striking out Sec. 23 in its entirety and inserting in lieu thereof two new sections to be numbered Sec. 23 and 23a to read as follows:

Sec. 23. 13 V.S.A. §7282(a) is amended to read as follows:

(a) In addition to any penalty or fine imposed by the court or judicial bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or judicial bureau shall levy an additional fee of:

* * *

(7) For any offense or violation committed after June 30, 2005, but before July 1, 2006, $22.00, of which $14.75 shall be deposited into the victims' compensation special fund and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

(8)  For any offense or violation committed after June 30, 2006, $26.00, of which $18.75 shall be deposited in the victims’ compensation special fund and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

(9)  For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims’ restitution special fund established by section 5363 of this Title.

Sec. 23a. REPEAL

Sec. 13 of 49 of the acts of 2001 (adjourned session) is repealed.

(Committee Vote: 5-0-2)

(No House amendments.)


Joint Resolution for Action

J.R.H. 72

Joint resolution urging Congress not to preempt state mental health parity laws as part of the proposed health insurance marketplace modernization and affordability act.

(For text of Resolution, see Senate Journal for Tuesday, April 25, 2006, page 865).

NOTICE CALENDAR

Favorable

H. 774

An act relating to the Vermont economic development authority.

Reported favorably by Senator Starr for the Committee on Agriculture.

(Committee vote: 3-0-2)

Reported favorably by Senator Ayer for the Committee on Finance.   (Committee vote: 4-1-2)

(For House amendments, see House Journal for March 15, 2006, page 652)

H. 845

An act relating to cable television tariff requirements.

Reported favorably by Senator MacDonald for the Committee on Finance.

(Committee vote: 5-0-2)

(For House amendments, see House Journal for February 9, 2006, Page 257).

H. 883

An act relating to amending the charter of the city of Burlington.

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

(Committee vote: 5-0-1)

Reported favorably by Senator Ayer for the Committee on Finance.   (Committee vote: 4-1-2)

(For House amendments, see House Journal for April 11, 2006, page 913).

Favorable with Proposal of Amendment

H. 701

An act relating to unidentified corridors.

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 as follows:

First:  In Sec. 1, 19 V.S.A. § 302(a)(6)(A)(ii), by striking out the number “2008” and inserting in lieu thereof the number 2009

Second:  In Sec. 1, 19 V.S.A. § 302(a)(6)(G), by striking out the number “2012” and inserting in lieu thereof the number 2015

Third:  In Sec. 1, 19 V.S.A. § 302(a)(7), by striking out the number “2012” and inserting in lieu thereof the number 2015

Fourth:  By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

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

§ 305.  MEASUREMENT AND INSPECTION

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

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

(c)  All class 1, 2, 3, and 4 town highways and trails shall appear on the town highway maps by July 1, 2015

(d)  At least 45 days prior to first including a town highway or trail that is not clearly observable by physical evidence of its use as a highway or trail and that is legally established prior to February 10, 2006 in the sworn statement required under subsection (b) of this section, the legislative body of the municipality shall provide written notice and an opportunity to be heard at a duly warned meeting of the legislative body to persons owning lands through which a highway or trail passes or abuts. 

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

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

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

(h)  Notwithstanding the provisions of subchapter 7 of chapter 7 of this title, on or before July 1, 2009, a municipality’s legislative body may vote to discontinue all town highways that are not clearly observable by physical evidence of their use as a highway and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section.  For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

(1)  a petition has been filed with the legislative body by persons who are either voters or landowners, and whose number is at least five percent of the voters, in a municipality, desiring to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection; or

(2)  the legislative body has voted at an annual or special meeting duly warned for the purpose to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection.

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

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

(B)  The chair of a conservation commission, established under chapter 118 of Title 24, in the municipality;

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

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

(E)  The commissioner of forests, parks and recreation.

(2)  The hearing shall be held within the 10 days preceding the meeting at which the legislative body will vote whether to discontinue all town highways as provided in subsection (h) of this section.

(j)  The legislative body may designate a specific highway or portion thereof proposed to be discontinued as a trail, in which case the right-of-way shall be continued at the width provided for in section 702 of this title.  A designation of a highway or portion thereof as a trail under the provisions of this section shall be in writing setting forth a complete description of the highway or portion thereof so designated.  For all highways not designated as a trail and discontinued pursuant to this section, title to the rights‑of‑way shall belong to the owners of the abutting lands.  If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.  The legislative body shall return a report of its actions to the town clerk’s office and the agency of transportation.

(k)  A vote pursuant to subsection (h) of this section may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose pursuant to a petition that is:

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

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

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

(m)  No fewer than two copies of a notice that the legislative body has voted to discontinue all town highways as provided in subsection (h) of this section 

shall be posted at each polling place during the hours of voting, and copies thereof shall be made available to voters at the polls upon request.

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

Fifth:  In Sec. 9, 24 V.S.A. § 4306(b), by striking out subdivision (3) in its entirety and inserting in lieu thereof a new subdivision (3) as follows:

(3)  Regardless of eligibility under subdivisions (1) and (2)(A) of this subsection, may apply to use the funds exclusively to research and map town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of Title 19.

Sixth:  In Sec. 11, by striking out the number “2012” and inserting in lieu thereof the number “2015” and by striking out all instances of the number “2011” and inserting in lieu thereof the number 2014

Seventh:  In Sec. 13, by striking out “; and (d) (priorities for disbursements from the municipal regional and planning fund);

Eighth:  By striking out Sec. 14 in its entirety and inserting in lieu thereof a new Sec. 14 to read as follows:

Sec. 14.  EFFECTIVE DATE; APPLICATION

(a)  This section and Sec. 10 of this act shall take effect upon passage and the remaining sections shall take effect on July 1, 2006.

(b)  This act shall not affect a suit begun or pending at the time of its passage.

(Committee Vote: 5-0-1)

(For House amendments, see House Journal for March 2, 2006, page 525; March 3, 2006, page 555.)

House Proposal of Amendment

S. 51

     An act relating to disability retirement benefits for state employees

     The House proposes to the Senate to amend the bill  in Sec. 2, 3 V.S.A. § 466(d), by striking out the second sentence and inserting in lieu thereof a new second sentence to read as follows: “Under this subsection, an employee may receive permanent disability benefits under chapter 9 of Title 21 and disability retirement benefits under this chapter simultaneously for up to 330 weeks.

House Proposal of Amendment

S. 218

     An act relating to motor vehicle retail installment sales contracts;

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

Sec. 1.  9 V.S.A. § 2355(f)(1)(D) is amended and (J) is added to read:

(D)  The amount, if any, paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest, lien interest, or lease interest on the traded-in motor vehicle, the amount, if any, for insurance including the cost of credit life insurance at a rate authorized by rate schedules then in effect and on file with the commissioner of banking, insurance, securities, and health care administration, the cost, if any, of physical damage insurance specifying the type or types and the term of coverage, the cost, if any, for service contracts as defined in section 4247 of Title 8, and the reasonable cost, if any, for a debt protection agreement as set forth in section 10405 of Title 8;

(J)  A disclosure form completed by the automobile dealership containing at least the allowance for trade-in, amount owed on the trade-in, or lease, cash price, amount financed on the motor vehicle retail installment contract, the amount financed on the motor vehicle retail installment contract as a percentage of the cash price of the vehicle and signature blocks for the buyer will be provided to the buyer who finances a motor vehicle utilizing a motor vehicle retail installment sales contract at the dealership.  The unexecuted disclosure form will be provided to the buyer prior to consummation of the transaction, and will be signed by the buyer at the time the buyer signs the motor vehicle retail installment contract.  The disclosure will be on a form prescribed by the commissioner on or before July 1, 2006 and as thereafter amended by the commissioner by rule.

Sec. 2.  8 V.S.A. § 2201(c) is amended to read:

(c)  No license shall be required of:

* * *

(10)  persons who loan an aggregate of less than $50,000.00 in any one year at rates of interest of no more than 12 percent per annum; or

(11)  nonprofit institutions of higher education, exempt from taxation under section Section 501(c)(3) of the Internal Revenue Code, that make residential mortgage loans to their employees from their own funds; or

(12)  a seller who, pursuant to subdivision 2355(f)(1)(D) of Title 9, includes the amount paid or to be paid by the seller to discharge a security interest, lien interest, or lease interest on the traded-in motor vehicle in a motor vehicle retail installment sales contract, provided that the contract is purchased, assigned, or otherwise acquired by a sales finance company licensed pursuant to this title to purchase motor vehicle retail installment sales contracts or a bank.

Sec. 3.  23 V.S.A. § 466 is amended to read:

§ 466.  RECORDS

On a form prescribed or approved by the commissioner, every licensed dealer shall maintain and retain for six years a record containing the following information, which shall be open to inspection by any law enforcement officer or motor vehicle inspector or other agent of the commissioner during reasonable business hours:

* * *

(3)  The name and address of the person from whom such motor vehicle was purchased or acquired, the date thereof, name and address of the person to whom any such motor vehicle was sold or otherwise disposed of and the date thereof, a sufficient description of every such motor vehicle by name and identifying numbers thereon to identify the same;

(4)  If the motor vehicle is sold or otherwise transferred to a consumer, the cash price.  For purposes of this section, "consumer" shall be as defined in subsection 2451a(a) of Title 9 and "cash price" shall be as defined in subdivision 2351(6) of Title 9.

House Proposal of Amendment

S. 265

An act relating to penalties for larceny crimes.

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.  13 V.S.A. § 2001 is amended to read:

§ 2001.  FALSE PERSONATION

A person who falsely personates or represents another, and in such assumed character receives money or other property intended to be delivered to the party so personated, with intent to convert the same to his the person’s own use, shall be imprisoned not more than ten years or fined not more than $500.00 $2,000.00, or both.

Sec. 2.  13 V.S.A. § 2002 is amended to read:

§ 2002.  FALSE PRETENSES OR TOKENS

A person who designedly by false pretenses or by privy or false token and with intent to defraud, obtains from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument, the false making whereof would be punishable as forgery, shall be imprisoned not more than ten years or fined not more than $1,000.00 $2,000.00, or both, if the money or property so obtained exceeds $25.00 $1,000.00 in value.  A person who violates this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, if the money or property obtained in violation of this section is valued at $1,000.00 or less. 

Sec. 3.  13 V.S.A. § 2501 is amended to read:

§ 2501.  GRAND LARCENY

A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or concerning money, or goods due or to become due or to be delivered, or a deed or writing containing a conveyance of land, or any other valuable contract in force, or a receipt, release or defeasance, writ, process, or public record, shall be imprisoned not more than ten years or fined not more than $1,000.00 $5,000.00, or both, if the money or other property stolen exceeds $500.00 $1,000.00 in value.

Sec. 4.  13 V.S.A. § 2502 is amended to read:

§ 2502.  PETIT LARCENY

Superior and district courts shall have concurrent jurisdiction of the offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $500.00 $1,000.00 in value, and may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $500.00 $1,000.00, or both.

Sec. 5.  13 V.S.A. § 2577 is amended to read:

§ 2577.  PENALTY

(a)  A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $100.00 $1,000.00 shall be punished by a fine of not more than $300.00 $500.00 or imprisonment for not more than six months, or both.

(b)  Upon the second or subsequent conviction of the offense of retail theft of merchandise having a retail value not in excess of $100.00, a person shall be punished by a fine of not more than $500.00 or imprisonment for not more than two years, or both.

(c)  A person convicted of the offense of retail theft of merchandise having a retail value in excess of $100.00 $1,000.00 shall be punished by a fine of not more than $500.00 $1,000.00 or imprisonment for not more than ten years, or both.

Sec. 6.  13 V.S.A. § 2582 is amended to read:

§ 2582.  THEFT OF SERVICES

(a)  A person who purposely obtains services which he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $500.00 $1,000.00 in value be imprisoned for not more than ten years or fined not more than $5,000.00, or both.  Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.  Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.

(b)  A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to his the person’s own benefit or to the benefit of another not entitled thereto shall if the services exceed $500.00 $1,000.00 in value be imprisoned for not more than ten years or fined not more than $5,000.00, or both.  Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

Sec. 7.  13 V.S.A. § 2591 is amended to read:

§ 2591.  THEFT OF RENTED PROPERTY

(a)  A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement which has been entrusted to him the person under an agreement in writing which provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this state, without the consent of its owner, shall be:

(1)  if the value of the property involved is $100.00 $1,000.00 or less, imprisoned not more than six months or fined not more than $300.00 $500.00, or both;

(2)  if the property involved exceeds $100.00 $1,000.00 in value:

(A)  imprisoned for not more than two years or fined not more than $1,000.00, or both; or

(B)  imprisoned for not more than five years or fined not more than $5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section.

* * *

Sec. 8.  STUDY; WOMEN OFFENDERS

(a)  The core team of the agency of human services incarcerated women’s initiative, so-called, shall study and propose solutions to problems as they relate to women offenders in Vermont.  In particular, the core team shall:

(1)  Explore whether and to what extent women are incarcerated at a higher rate than men who are convicted of the same offense.  If the study determines that there is indeed a difference in the incarceration rate, then the committee shall attempt to determine the causes underlying this determination and propose potential legislative responses.

(2)  Identify, explore, and propose legislative responses to the family‑related issues facing many women inmates, including issues of guardianship.

(3)  Identify, explore, and propose legislative responses to the issues many women inmates face upon release from the facility relating to the need to find suitable housing.

(4)  Identify, explore, and propose legislative responses to the issues many women offenders face relating to the need to access adequate mental health and substance abuse treatment, both within the facilities and in the community.

(5)  Identify, explore, and propose legislative responses to the need for alternatives to incarceration for women, to reduce overcrowding in prisons, to reduce the impact of separation of mothers from their children, and to reduce the separation of women from their home communities.

(b)  The core team shall also consider and recommend responses to the issues outlined in subsection (a) of this section to the extent that they apply to male offenders.

(c)  The project manager of the incarcerated women’s initiative shall convene the first meeting to address the issues presented in this section on or before July 15, 2006.  A member of the core team shall verbally report on the team’s progress to the joint corrections oversight committee at each oversight committee meeting during the summer and autumn of 2006.  On or before November 15, 2006, the core team shall provide to the joint corrections oversight committee a report detailing its work and proposing legislative solutions to address the issues it identifies.  If applicable, the report shall include a budget detailing the cost of initiating and operating any proposed services, including potential nonstate funding sources, and a projection of the financial impact the proposals would have on future state capital and general fund appropriations.


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.

H. 480

An act relating to precursor drugs of methamphetamine.

Pending Action:  Second Reading of the bill.

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)

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)

Sigrid Solomon of Bennington – Member of the State Board of Education – By Sen. Doyle for the Committee on Education.  (4/25)

Jennifer Poehlmann of Richmond – Member of the Children and Family Council for Prevention Programs – By Sen. Leddy for the Committee on Health and Welfare.  (4/25)

Stephen R. Dale of Montpelier – Commissioner of the Department of Children and Families – By Sen. Leddy for the Committee on Health and Welfare.  (4/25)

Eileen Dickinson of St. Albans – Member of the Public Oversight Commission – By Sen. Kittell for the Committee on Health and Welfare.  (4/25)

Elizabeth G. Kennett of Rochester – Member of the Travel Information Council – By Sen. Starr for the Committee on Transportation.  (4/27)

Francis Heald of Rutland – Member of the Travel Information Council – By Sen. Maynard for the Committee on Transportation.  (4/27)

Joseph Sutton of East Middlebury – Member of the Travel Information Council – By Sen. Maynard for the Committee on Transportation.  (4//27)

Arthur Sanborn of Kirby – Member of the Transportation Board – By Sen. Mazza for the Committee on Transportation.  (4/27)