Journal of the Senate
________________
Tuesday, May 2, 2006
Pursuant to Rule. 8 of the Senate Rules, in the absence of the President and the President pro tempore, the time for convening of the Senate having been set at 9:00 A.M., the Senate was called to order by the Secretary.
Adjournment
On motion of Senator Campbell the Senate adjourned until eleven o’clock and thirty minutes in the forenoon.
Called to Order
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Pledge of Allegiance
Pages Erin Banfield and Chelsea Downey then led the members of the Senate in the Pledge of Allegiance.
Appointment to Committee of Conference
The President announced a change in the membership of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses upon bill entitled:
H. 881. An act making appropriations for the support of government.
Senator Sears
Senator Snelling
Senator Kitchel
Rules Suspended; Committee Relieved of Further Consideration; Bills Committed
On motion of Senator Welch, the rules were suspended, and H. 853; H. 890; H. 891 were taken up for immediate consideration, for the purpose of relieving the Committee on Rules from further consideration of the bills. Thereupon, on motion of Senator Welch, the Committee on Rules was relieved of House bills entitled:
H. 853. An act relating to technical amendments to the Vermont statutes annotated related to the restructuring of the agency of human services,
H. 890. An act relating to emergency management and public safety,
H. 891. An act relating to the Vermont web portal,
and the bills were severally committed to the Committee on Government Operations.
Message from the Governor
A message was received from His Excellency, the Governor, by Neale Lunderville, Secretary of Civil and Military Affairs, as follows:
Mr. President:
I am directed by the Governor to inform the Senate that on the first day of May, 2006, he approved and signed a bill originating in the Senate of the following title:
S. 258. An act relating to credit counselors.
Message from the House No. 89
A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered a bill originating in the Senate of the following title:
S. 307. An act relating to a technical correction of a statute.
And has passed the same in concurrence.
Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title:
H. 602. An act relating to agricultural energy and fuel production.
The Speaker has appointed as members of such committee on the part of the House
Rep. Botzow of Pownal
Rep. Dunsmore of Georgia
Rep. Malcolm of Pawlet
Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bills of the following titles:
S. 142. An act relating to creation of designated growth centers and downtown tax credit program.
The Speaker has appointed as members of such committee on the part of the House
Rep. Masland of Thetford
Rep. Krawczyk of Bennington
Rep. Peterson of Williston
S. 165. An act relating to economic advancement tax incentives and economic development.
The Speaker has appointed as members of such committee on the part of the House
Rep. Otterman of Topsham
Rep. Reese of Pomfret
Rep. Monti of Barre City
S. 222. An act relating to funding of adult education and literary services.
The Speaker has appointed as members of such committee on the part of the House
Rep. Livingston of Manchester
Rep. Barnard of Richmond
Rep. LaVoie of Swanton
S. 265. An act relating to penalties for larceny crimes.
The Speaker has appointed as members of such committee on the part of the House
Rep. Lippert of Hinesburg
Rep. Grad of Moretown
Rep. Kainen of Hartford
The House has considered a Joint Resolution originating in the Senate of the following title:
J.R.S. 66. Joint resolution relating to weekend adjournment.
And has adopted the same in concurrence.
The Governor has informed the House of Representatives that on the 26th day of April, 2006, he approved and signed bills originating in the House of the following titles:
H. 777. An act relating to resident ownership of mobile home parks and affordable housing development.
H. 876. An act relating to management of exposure to mercury.
The House has adopted concurrent resolutions of the following titles:
H.C.R. 317. Concurrent resolution honoring Robert P. “Bob” Northrop for his dynamic leadership as president of the Vermont Electric Cooperative.
H.C.R. 318. Concurrent resolution honoring Linda Stearns for her exemplary leadership as executive director of the Addison County Chamber of Commerce.
H.C.R. 319. Concurrent resolution congratulating the Connor sisters, Erin, Brooke, and Samantha, of Bridport on winning their respective age group titles in the 2006 Miss Vermont National Teenage Scholarship competition.
H.C.R. 320. Concurrent resolution congratulating the students and faculty at Burr and Burton Academy for their post-Hurricane Katrina relief and interschool outreach initiatives.
H.C.R. 321. Concurrent resolution congratulating the two-year college 2006 All‑Vermont Academic Team.
H.C.R. 322. Concurrent resolution congratulating the 2006 Rutland High School boys snowboarding state championship team.
H.C.R. 323. Concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship cheerleading team.
In the adoption of which the concurrence of the Senate is requested.
The House has considered a concurrent resolution originating in the Senate of the following title:
S.C.R. 71. Senate concurrent resolution congratulating A. Wayne Roberts for his leadership as president of the Lake Champlain Regional Chamber of Commerce.
And has adopted the same in concurrence.
Message from the House No. 90
A message was received from the House of Representatives by Mr. MaGill, its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has passed a bill of the following title:
H. 894. An act relating to amending the charter of the village of North Troy.
In the passage of which the concurrence of the Senate is requested.
The House has considered a bill originating in the Senate of the following title:
S. 267. An act relating to placing a security freeze on a credit report.
And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the Senate is requested.
The House has considered Senate proposal of amendment to House bill of the following title:
H. 568. An act relating to applicability of an act regarding trustees.
And has concurred therein.
The House has considered Senate proposals of amendment to a House bill of the following title:
H. 480. An act relating to precursor drugs of methamphetamine.
And has concurred therein with a proposal of amendment in the adoption of which the concurrence of the Senate is requested.
Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice tomorrow:
S. 320.
By the Committee on Appropriations,
An act relating to an appropriation to the legislature.
Bill Referred
House bill of the following title was read the first time and referred:
H. 894.
An act relating to amending the charter of the village of North Troy.
To the Committee on Government Operations.
Joint Resolution Placed on Calendar
J.R.S. 67
Joint Senate resolution of the following title was offered, read the first time and is as follows:
By Senators Welch, Ayer, Bartlett, Campbell, Collins, Dunne, Gander, Giard, Kitchel, Kittell, Miller, Sears, Snelling, Starr and White,
J.R.S. 67. Joint resolution supporting the establishment of a Taiwan-United States free trade agreement.
Whereas, Taiwan and the United States enjoy one of the most important economic and strategic international relationships that exist today, and
Whereas, together Taiwan and the United States promote a shared belief in freedom, democracy, and free market principles, and
Whereas, there is a high level of mutual investment between Taiwan and the United States, and
Whereas, streamlined foreign investment procedures developed under a Taiwan-United States free trade agreement would lead to further corporate investment in both Taiwan and the United States and would create new business opportunities and jobs, and
Whereas, a Taiwan-United States free trade agreement would encourage greater innovations and manufacturing efficiencies by stimulating joint technological development, practical applications, and new cooperative ventures, and
Whereas, a recent U.S. International Trade Commission study supports the negotiation of a Taiwan-United States free trade agreement, and
Whereas, a Taiwan-United States free trade agreement would build on the existing strong relationship between Taiwan and the United States, boost Taiwan’s security and democracy, and serve the broader interests of the United States in the Asia-Pacific region, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly supports the establishment of a Taiwan-United States free trade agreement, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to United States Secretary of Commerce Carlos Gutierrez, to the Taipei Economic and Cultural Office in Boston, and to the Vermont Congressional delegation.
Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.
Consideration Postponed
S. 58.
Senate bill entitled:
An act relating to direct shipping of wine and beer.
Was taken up.
Thereupon, without objection consideration of the bill was postponed until the next legislative day.
Point of Order; Report of Second Committee of Conference Accepted and Adopted on the Part of the Senate
S. 18.
Senator Campbell, for the Second Committee of Conference, submitted the following report:
To the Senate and House of Representatives:
The Second Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:
An act relating to liability resulting from the use of genetically engineered seeds and plant parts.
Respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS; PURPOSE
(a) Vermont’s farmers and agriculture are vitally important to sustaining the economy and maintaining the traditional values of our state. Building on our long history of cooperation among farmers and protecting the viability of all types of farming are critical to keeping agriculture a healthy part of life in Vermont.
(b) In assessing the interests of all farmers, it is important to ensure that they retain the greatest possible flexibility as they make decisions as to how best to run their farms. They also need protection from liability that might otherwise be unfairly imposed for injuries caused by the actions of others.
(c) Vermont law has recognized the economic and cultural importance of agriculture. Vermont has defined farmers as consumers under our Uniform Commercial Code and Consumer Fraud Act, and federal case law has allowed farmers to be compensated for economic loss caused by the wrongful action of others. Vermont courts also furnish fair forums for resolving agricultural disputes which may arise in this state. These protections would be jeopardized if anyone selling products to Vermont farmers were able to compel disputes with those farmers to be heard in other states, under another state’s laws, and before non-Vermont juries.
Sec. 2. INTENT
It is the intent of the general assembly to:
(1) codify farmers’ ability to recover economic losses caused by the wrongful action of others;
(2) confirm farmers’ status as consumers with all the protections that status provides;
(3) provide Vermont farmers with a Vermont forum and choice of law when legal disputes arise;
(4) provide remedies enhancing the ability of those who wish to be free of genetically engineered seeds and plant parts to achieve that goal and to define the rights and duties of manufacturers and distributors of genetically engineered seeds and plant parts, thereby advancing the likelihood that those who wish to use these products will have the opportunity to do so.
Sec. 3. 6 V.S.A. chapter 35, subchapter 3 is added to read:
Subchapter 3. Liability Resulting from the Use of
Genetically Engineered Seeds and Plant Parts
§ 650. DEFINITIONS
As used in this subchapter:
(1) “Genetically engineered crop” means a crop grown from genetically engineered seed as defined in subdivision 641(9) of this title or genetically engineered plant part as defined in subdivision 641(10).
(2) “Manufacturer” means a person producing and commercializing genetically engineered seeds or plant parts. Such production and commercialization does not constitute an agricultural activity for the purposes of 12 V.S.A. chapter 195.
§ 651. LIABILITY FOR DAMAGES RESULTING FROM GENETICALLY ENGINEERED CROPS
(a)(1) Unreasonableness. The release by a manufacturer, directly or through its licensees or agents, of a genetically engineered seed (GES) or plant part (GEPP) that causes the unintended presence of such seed or plant part within the lands owned or occupied by a person with whom the manufacturer has not entered a contract of sale, use, or license shall constitute an unreasonable interference with the use and enjoyment of such lands.
(2) Substantiality. A release that causes the unintended presence of GES or GEPP shall constitute substantial interference with the use and enjoyment of such lands if damages in any one calendar year from such unintended presence exceed $3,500.00 after mitigation of damages.
(3) Private nuisance. A release that meets the criteria of subdivisions (1) and (2) of this subsection shall constitute a private nuisance, and the manufacturer shall be liable for any damages resulting from the private nuisance.
(b) Defenses preserved. Notwithstanding other provisions of this section, defenses at law or equity available in a private nuisance action apply, except it shall not be a defense to an action based on the liability arising in subsection (a) of this section that genetically engineered crops are in common or general use in the geographic region in which the lands on which the nuisance occurs are located, nor shall the person owning or occupying such lands have a duty to establish buffer zones or otherwise initiate measures to protect specifically against the potential release of GES or GEPP onto such property.
(c) A person who is not in breach of contract regarding the purchase or use of GES or GEPP and unknowingly comes into possession or uses such seeds or plant parts as a result of natural reproduction, cross-pollination, or other contamination shall not be liable for any damages, attorney’s fees, or costs caused by the possession or use of GES or GEPP.
(d) No person shall be liable to a manufacturer because of the effects on the property or properties of others of GES or GEPP sold, licensed, leased, or given to the person by the manufacturer or its agent, unless the finder of fact determines that the person’s conduct was willful and premeditated and undertaken with the specific purpose of harming the property or properties of others, and that the effects on such other property or properties resulted from this conduct. Such intent may not be inferred solely from proof that the person ignored or failed to apply directions or instructions received from or failed to observe conditions imposed by the manufacturer concerning the use of GES or GEPP.
(e) A person who prevails in an action against a manufacturer under this section may recover compensatory damages, reasonable attorney’s fees, and other litigation expenses and costs.
(f) The liability created by this section may not be waived or otherwise avoided by contract or other means other than insurance.
(g) A cause of action under this subchapter shall be in addition to and not in lieu of existing actions at law and equity; provided, however, that there shall be only one recovery of damages except as limited by subsection (a) of this section.
Sec. 4. 6 V.S.A. chapter 210 is added to read:
Chapter 210. Farmers and Agricultural Goods
Liability Actions
§ 4715. DAMAGES IN ACTIONS
Except as limited by subsection 651(a) of this title, in any action in which liability for damages against a manufacturer of goods for agricultural use has been established in this state, the damages recoverable by a prevailing party may include economic losses, including, without limiting the generality of the foregoing:
(1) loss of any price premium or price differential that would have accrued to a farmer by contract or that would have been otherwise reasonably available through ordinary commercial channels;
(2) any reasonable additional transportation, storage, handling, or related charges or costs; and
(3) any judgment, charge, or penalty for which the prevailing party is liable because of breach of contract, including loss of organic certification.
§ 4716. FARMERS ARE CONSUMERS
(a) Vermont farmers are consumers for the purpose of actions in product liability.
(b) Goods purchased by farmers for agricultural use are consumer goods.
§ 4717. CHOICE OF LAW
If a contract for agricultural goods which are used in Vermont purports to choose the laws of a jurisdiction other than Vermont to govern the contract, such provisions of the contract are void and unenforceable. Any disputes involving such contracts shall be decided using the law of Vermont.
§ 4718. FORUM AND VENUE
(a) The forum for an action relating to agricultural goods in Vermont shall be the courts of the state of Vermont.
(b) The venue for an action relating to agricultural goods in Vermont shall be the Vermont county in which one of the parties resides. If neither party resides in the state, the venue may be any county in Vermont.
§ 4719. PROVISIONS MAY NOT BE VARIED
The provisions of this chapter may not be varied or waived by agreement of the parties.
Sec. 5. 6 V.S.A. § 644(a)(4) is amended to read:
(4) For all seed containing genetically engineered material, the manufacturer or processor shall cause the label or labeling to state that the seed contains genetically engineered material and to specify the identity and relevant traits or characteristics of such seed, plus any requirements for their safe handling, storage, transport, and use, the contact point for further information and, as appropriate, the name and address of the manufacturer, distributor, or supplier of such seed.
Sec. 6. 6 V.S.A. § 644a is added to read:
The manufacturer of genetically engineered seeds and plant parts shall provide the purchaser entering into a contract with the manufacturer for the purpose of growing the genetically engineered seed (GES) or plant part (GEPP) with a written detailed description of the best practices to follow in order to prevent a release that may cause the unintended presence of the GES or GEPP within the lands owned or occupied by a person with whom the manufacturer has not entered a contract of sale, use, or license. The manufacturer shall file the description with the secretary, and the description shall be a public document as defined in chapter 5 of Title 1.
Sec. 7. SEVERABILITY
If any provision of this act or its application to any person or circumstance is held invalid or in violation of the constitution or laws of the United States or the state of Vermont, the invalidity or the violation shall not affect other provisions of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
JOHN F. CAMPBELL
VINCENT ILLUZZI
Committee on the part of the Senate
WILLIAM W. JEWETT
MAXINE GRAD
Committee on the part of the House
Thereupon, pending the question, Shall the Senate accept and adopt the report of the Second Committee of Conference?, Senator Wilton raised a point of order on the ground that the Conference Committee had not confined itself to differences of opinion between the Houses with respect to the provisions of Secs. 5 and 6 of the report of the Committee of Conference, and that the report could not be considered by the Senate.
The President overruled the point of order, noting that the two sections are within the general scope or ambit of the bill under consideration and that the sections in question are designed to assist in the resolution of the differences of opinion between the two houses.
Thereupon, the recurring question, Shall the Senate accept and adopt the report of the Second Committee of Conference?, was decided in the affirmative on a roll call, Yeas 19, Nays 8.
Senator Shepard having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Campbell, Condos, Cummings, Doyle, Dunne, Giard, Illuzzi, Kitchel, Leddy, Lyons, MacDonald, Miller, Scott, Sears, Snelling, Starr, Welch, White.
Those Senators who voted in the negative were: Collins, Coppenrath, Kittell, Maynard, Mazza, Mullin, Shepard, Wilton.
Those Senators absent and not voting were: Bartlett, Flanagan, Gander.
Consideration Postponed
Senate bill of the following title:
S. 48.
An act relating to election for statewide and national offices by the instant runoff voting method.
Was taken up.
Thereupon, pending third reading of the bill, Senator Doyle moved that consideration of the bill be postponed until tomorrow, which was disagreed to on a roll call, Yeas 9, Nays 18.
Senator Doyle having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Coppenrath, Doyle, Illuzzi, Maynard, Mullin, Scott, Shepard, Snelling, Wilton.
Those Senators who voted in the negative were: Ayer, Campbell, Collins, Condos, Cummings, Dunne, Giard, Kitchel, Kittell, Leddy, Lyons, MacDonald, Mazza, Miller, Sears, Starr, Welch, White.
Those Senators absent and not voting were: Bartlett, Flanagan, Gander.
Thereupon, pending third reading of the bill, on motion of Senator Welch, the Senate recessed until five o’clock in the afternoon.
Called to Order
The Senate was called to order by the President.
Message from the House No. 91
A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered a bill originating in the Senate of the following title:
S. 170. An act relating to retail theft by the use of counterfeit UPC labels and retail receipts.
And has passed the same in concurrence.
The House has considered a bill originating in the Senate of the following title:
S. 285. An act relating to coverage of disabled adult children and college students on medical leave.
And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the Senate is requested.
The House has adopted a joint resolution of the following title:
J.R.H. 76. Joint resolution urging Congress to promote and diversify the automotive and machine-tool sectors of our national economy.
In the adoption of which the concurrence of the Senate is requested.
The Governor has informed the House of Representatives that on the first day of May, 2006, he approved and signed bills originating in the House of the following titles:
H. 384. An act relating to medical insurance for seasonal employees of the Department of Forest, Parks and Recreation.
H. 874. An act relating to sentencing for first and second degree murder.
H. 882. An act relating to approval of amendments to the charter of the town of Richmond.
Proposal of Amendment; Third Reading Ordered
H. 456.
Senator White, for the Committee on Agriculture, to which was referred House bill entitled:
An act relating to use of Vermont products and nutrition education in schools.
Reported recommending 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. FINDINGS; INTENT
(a) The general assembly finds that it is in the best interests of Vermont children, farmers, and communities to empower schools, regulated child care programs, and state agencies to increase their use of local farm products in their food service programs, particularly school meals programs, because:
(1) Research shows that children who exercise moderately and eat a healthy diet are less likely to be overweight and have less risk of heart disease, cancer, diabetes, or high blood pressure as adults. Since a child can receive 55 percent of his or her daily nutritional requirements from the school breakfast and lunch program, it is important to encourage children to eat a healthy diet of fresh food at school. This is particularly important for the 21,000 Vermont children who live in households unable to provide enough nutritious food in order to lead an active and healthy life. Further, inadequate nutrition can prevent children from learning effectively; research shows an improvement in student behavior and academic performance and improved health scores when nutrition is improved.
(2) Farmers gain an increased market for their products. In school year 2002 - 2003, Vermont schools spent $13 million on food for their food service programs, yet less than five percent of the $13 million went for direct purchase of produce from local farms and other local producers. Recent farm-to-school efforts in Vermont have demonstrated that when children and food service personnel have relationships with local farmers and producers, they are more likely to try new foods and use fresh and less-processed foods.
(3) Support for Vermont farms benefits the entire community. Food dollars spent locally benefit the community economically, the working landscape and open land crucial to Vermont’s quality of life and tourism industry are maintained, and the environment gains through less dependence on a large transportation system.
(4) The Vermont economy benefits when the agricultural sector is strong. Agriculture accounts for 14 percent of Vermont’s gross domestic product and 16 percent of Vermont jobs are in or related to agriculture.
(b) Therefore, in order to encourage healthy and lifelong habits of eating nutritious local food as well as to foster relationships among farmers and schoolchildren, school personnel, and other adults in the Vermont community, it is the intent of this act to provide aid and incentives to local school districts, regulated child care providers, state agencies and farmers to:
(1) serve food to Vermont students and adults that is as fresh and as nutritious as possible;
(2) maximize use of fresh locally grown, produced, and processed food;
(3) educate students about healthy eating habits through nutrition education, including using hands‑on techniques to make connections between farming and the foods that students consume;
(4) increase the size and stability of farmers’ direct sales markets; and
(5) increase school meal participation by increasing the selection of foods available to students.
Sec. 2. LOCAL FOODS MINI-GRANT PROGRAM
(a) There is created in the agency of agriculture, food and markets a local foods mini‑grant program for the purpose of helping Vermont schools develop relationships with local farmers and producers.
(b) A school, a school district, a consortium of schools, or a consortium of school districts may apply to the secretary of agriculture, food and markets for a mini-grant award to:
(1) purchase equipment, resources, and materials that will help to increase use of local foods in the school food service program;
(2) purchase items, including local farm products, that will help teachers to use hands-on educational techniques to teach children about nutrition and farm‑to‑school connections; and
(3) provide professional development and technical assistance to help teachers educate students about nutrition and farm‑to‑school connections.
(c) In making awards, the secretary shall work with the commissioner of education to develop specific criteria and application forms for the mini-grants. The secretary shall make awards provided that there is significant interest in the school community and shall give priority consideration to schools and school districts that are in the early stages of developing farm‑to‑school connections and education and that are making progress toward the implementation of the Vermont nutrition and fitness policy guidelines developed by the agency of agriculture, food and markets, the department of education, and the department of health, dated November 2005 or the guidelines’ successor. No award shall be greater than $15,000.00.
Sec. 3. FARM ASSISTANCE; SECRETARY OF AGRICULTURE, FOOD AND MARKETS
(a) The secretary of agriculture, food and markets shall work with existing programs and organizations to develop and implement educational opportunities for farmers to help them to increase their markets through selling their products to schools and state government agencies and participating in the federal food commodities program, including the federal Department of Defense Fresh program, and to regulated child care programs participating in the adult and child food program.
(b) The secretary of agriculture, food and markets shall award one-time funds to the Vermont food venture center or other food processing entity which:
(1) processes locally grown farm products for school and institutional markets, thereby helping farmers to increase the size and stability of their markets; or
(2) rents equipment to local farmers so that they can process their products for sale.
Sec. 4. PROFESSIONAL DEVELOPMENT FOR FOOD SERVICE PERSONNEL
(a) The commissioner of education shall offer expanded regional training sessions for public school food service personnel and child care resource development specialists during 2007. Training shall include information about strategies for purchasing, processing, and serving locally grown foods, as well as information about nutrition, obesity prevention, coping with severe food allergies, and food service operations. The commissioner may use a portion of the funds appropriated for this training session to pay a portion of or all expenses for attendees and to develop manuals or other materials to help in the training.
(b) In 2007, the commissioner of education shall train people to provide technical assistance to school food service personnel and use a portion of the funds appropriated for this purpose to enable the trained people to provide technical assistance at the school and school district levels.
(c) Training provided under this section shall promote the policies established in the Vermont nutrition and fitness policy guidelines developed by the agency of agriculture, food and markets, the department of education, and the department of health, dated November 2005 or the guidelines’ successor.
Sec. 5. EXPANDING MARKETS FOR VERMONT FARMERS; NUTRITION POLICIES; REPORT
(a) On or before January 15, 2007, the commissioner of education, secretary of agriculture, food and markets, and secretary of human services shall jointly make recommendations to the senate and house committees on agriculture, institutions, and education and the house committee on human services on the following:
(1) Strategies the general assembly could adopt or encourage to increase use of locally grown foods in Vermont schools, regulated child care programs, and state agencies. In developing recommendations under this subdivision, the commissioner and secretaries shall:
(A) consider the benefit to the economy of Vermont and the rural farm economy compared to the impact on state spending of requiring the secretary of administration, the secretary of buildings and general services, and any state-funded institutions to purchase agricultural products grown or produced in Vermont when available at more than the cost of like products produced outside the state;
(B) consult with farmers, food service personnel, state agency personnel involved in purchasing agricultural products, and representatives of organizations interested in creating strategies to increase use of locally grown foods in Vermont schools and state agencies; and
(C) consider other strategies to increase use of locally grown foods in Vermont schools, regulated child care programs, and state agencies.
(2) Whether moving administration of the U.S.D.A. food distribution program (the food commodities program) from the agency of human services to another department or agency such as the department of education or the agency of agriculture, food and markets would improve integration of the program with efforts to include more fresh foods in general and Vermont‑grown foods in particular and would result in more frequent delivery of foods in a timely fashion. In developing recommendations under this subdivision, the commissioner and secretaries shall consult with people who work in and use or have the potential to use the food commodities program.
(3) Ways to improve the effectiveness of the local foods mini-grant program created in Sec. 2 of this act.
(4) Ways to improve the effectiveness of training for public school food service personnel conducted pursuant to Sec. 4 of this act.
(b) On or before January 15, 2008, the commissioner of education shall report to the senate and house committees on agriculture and on education, the senate committee on health and welfare, and the house committee on human services regarding the number of school districts which have and have not adopted a policy pursuant to 16 V.S.A. § 136(b) and, based on a sample of 10 percent of those which have adopted a policy, approximately how many adopted a model policy developed by the commissioner, how many adopted the guidelines developed pursuant to in 16 V.S.A. § 136(a), and a description of how some of the policies adopted by the school boards differ from the model policy or the guidelines.
Sec. 6. 16 V.S.A. § 136 is added to read:
§ 136. FITNESS AND NUTRITION POLICY
(a) The commissioner of education shall collaborate with the secretary of agriculture, food and markets and the secretary of human services to write a model school fitness and nutrition policy. They shall review and update the policies every five years or sooner if needed due to availability of new research, data, or products. The model policy shall include:
(1) A definition of nutritious foods, nutritional guidelines, and, to the extent financially feasible, policies regarding purchasing of locally grown foods for food and beverages sold or served in the food service program, vending machines, snack bars, and school stores.
(2) A model physical education curriculum which is a sequential, developmentally appropriate program that is an enjoyable experience for students and designed to help students develop the knowledge, skill,
self-management skills, attitudes, and confidence needed to adopt and maintain physical fitness throughout their lives. The model program shall include an annual report to parents which describes their child’s performance on fitness and other wellness indicators.
(3) Model physical activity policies which include, in addition to regular physical education classes, minimum daily physical activity for each student provided through programs such as recess and other recreation periods, and participation in athletics either during or after regular school hours. In this subsection, “physical activity” means moderate and vigorous physical activities.
(4) A process for implementing and enforcing nutrition and physical fitness policies.
(5) A process for reporting to the community on the health status of students.
(b) On or before January 1, 2007, each Vermont public school district which operates a school and each Vermont approved independent school shall adopt a school nutrition policy, and on or before January 1, 2008, shall adopt a plan for implementing the policy.
(c) The nutrition components of the Vermont nutrition and fitness policy guidelines developed pursuant to subsection (a) of this section shall become the policy of a school district or independent school which has not adopted a nutrition policy and plan for implementing the policy until the school district or independent school adopts a different policy and a plan.
Sec. 7. APPROPRIATIONS
(a) The amount of $125,000.00 is appropriated from the general fund to the secretary of agriculture, food and markets for the purpose of awarding local foods mini‑grants under Sec. 2 of this act.
(b) The amount of $25,000.00 is appropriated on a one‑time basis from the general fund to the commissioner of education for training of food service personnel and child care resource development specialists pursuant to Sec. 4 of this act.
(c) The amount of $15,000.00 is appropriated on a one-time basis from the general fund to the secretary of agriculture, food and markets for carrying out educational activities for farmers pursuant to Sec. 3(a) of this act.
(d) The amount of $30,000.00 is appropriated from the general fund to the commissioner of education to provide farm‑to‑school education and teacher training services and to work with the secretary of agriculture, food and markets to carry out farmer and food service worker trainings pursuant to Secs. 3(a) and 4 of this act.
And that the bill ought to pass in concurrence with such proposals of amendment.
Senator Starr, for the Committee on Education, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Agriculture with the following amendments thereto:
First: In Sec. 5 by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows::
(b) On or before January 30, 2007, the commissioner of education shall report to the senate and house committees on agriculture and on education, the senate committee on health and welfare, and the house committee on human services regarding the number of school districts which have and have not adopted a nutrition policy and, based on a sample of a minimum of 10 percent of those which have adopted a policy:
(1) approximately how many adopted a policy which is substantially the same as the nutrition components of the Vermont nutrition and fitness policy guidelines developed by the agency of agriculture, food and markets, the department of education, and the department of health, dated November 2005 or the guidelines' successor; and
(2) a description of how some of the policies adopted by the school boards differ from the Vermont nutrition and fitness policy guidelines.
Second: By striking out Sec. 6 in its entirety and renumbering Sec. 7 to be Sec. 6
And that the bill ought to pass in concurrence with such proposals of amendment.
Senator Illuzzi, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Agriculture with the following amendment thereto:
By striking out Sec. 7 in its entirety.
And that the bill ought to pass in concurrence with such proposal of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of proposal of amendment of the Committee on Agriculture was amended as recommended by the Committee on Education.
Thereupon, the recommendation of amendment of the Committee on Agriculture, as amended, was amended as recommended by the Committee on Appropriations.
Thereupon, the proposals of amendment recommended by the Committee on Agriculture, as amended, were agreed to and third reading of the bill was ordered.
Proposals of Amendment; Third Reading Ordered
H. 701.
Senator White, for the Committee on Government Operations, to which was referred House bill entitled:
An act relating to unidentified corridors.
Reported recommending 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 the following: “; 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.
And that the bill ought to pass in concurrence with such proposals of amendment.
Senator Kitchel, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass in concurrence with proposals of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were agreed to.
Thereupon, pending the question, Shall the bill be read the third time?, Senator Kitchel moved to amend the proposal of amendment in Sec. 10, by striking out the words “in transportation funds”
Which was agreed to.
Thereupon, third reading of the bill was ordered.
Proposal of Amendment; Third Reading Ordered
H. 855.
Senator Dunne, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled:
An act relating to telecommunications capacity development.
Reported recommending 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. POLICY; IMPLEMENTATION
The policy of this state is to take an active role, through policy and funding, to promote development of broadband infrastructure and access to advanced telecommunications services in rural as well as urban communities in Vermont. Although the state preference is that broadband deployment would best be effected through market forces, the rural character of Vermont makes it unlikely that market forces will fulfill the need for these services throughout the state without state subsidy for projects in remote and difficult‑to‑serve areas. Up-to-date telecommunications systems are essential to Vermont’s economic viability and competitiveness by assuring business success, job growth, healthy economic development, improving delivery of health care, expansion of educational opportunities, and providing public safety services.
Sec. 2. EXPANSION OF ACCESS TO BROADBAND SERVICE; STATE REGULATIONS AND PROCEDURES
Each state agency or department that has regulations or procedures that affect broadband deployment within the state shall review and inventory those regulations and procedures and, as needed, propose changes that are likely to stimulate broadband deployment throughout Vermont. Each appropriate agency or department shall submit an inventory of those regulations and procedures and proposals to accelerate broadband deployment to the Vermont broadband task force on or before November 1, 2006.
Sec. 3. BROADBAND MAP
The agency of commerce and community development, in cooperation with the department of public service, shall develop or support the development of an on-line map available to consumers, which identifies those areas of the state that have broadband internet access available to consumers at prices commonly sold to residential and small business consumers. A process shall be developed for service providers to update the information on the map with the supervision of the agency.
Sec. 4. BROADBAND GOALS; REPORT TO GENERAL ASSEMBLY
The department of public service shall provide a report to the house committee on commerce, the senate committee on finance, and the senate committee on economic development, housing and general affairs on or before January 15, 2007. The report shall:
(1) Identify the steps that have been taken by the state to reach the goal of 90 percent of Vermonters having access to broadband service;
(2) Identify what percent of Vermonters has broadband service available;
(3) Identify how current state and federal regulations and programs help or hinder the deployment of additional broadband service; and
(4) Recommend legislative or administrative actions that could stimulate the further development of broadband service.
Sec. 5. PUBLIC SERVICE BOARD; TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM; EXPANSION
The public service board shall expand the telecommunications equipment distribution program in order to provide subsidies to consumers for voice‑over‑internet protocols, broadband, and assisted services for people with disabilities, including screen-reading and voice recognition software.
Sec. 6. VERMONT BROADBAND TASK FORCE; CREATION; DUTIES; REPORT
(a) The Vermont broadband task force is created and shall be composed of a total of ten members to include the secretary of commerce and community development and the commissioner of public service or their designees, the directors of the Vermont broadband council, the Vermont council on rural development, the center for media and democracy, the Vermont business roundtable, the economic development council of northern Vermont, and the telephone association of Vermont, or their designees, and two representatives, to be appointed by the previously designated members of the task force, one from the Vermont-based wireless internet provider industry and one from the cable television/broadband provider industry. The agency of commerce and community development shall provide administrative support for the task force.
(b) Duties of the task force shall include the following:
(1) Overseeing and coordinating public and private and state and local broadband infrastructure deployment projects that will expand access to broadband and advanced telecommunications services in the state.
(2) Reviewing maps that indicate areas that have broadband service and areas in which major providers are expected to provide service to identify areas that are not expected to attract broadband infrastructure deployment in order to focus broadband deployment efforts on those areas with the ultimate goal to provide universal rural access to high speed broadband service.
(3) Proposing creative ways to stimulate broadband infrastructure development in unserved or underserved communities and to promote consumer awareness and usage of available broadband services.
(c) The task force shall issue a report on or before January 15, 2007 to the senate committee on economic development, housing and general affairs and the house committee on commerce that includes at least the following:
(1) Identification of barriers, including department regulations and procedures, that inhibit deployment and development of broadband infrastructure and access to advanced communications services and solutions to minimize or remove those barriers.
(2) Evaluation of the effectiveness of the community broadband grant program to date to expand broadband deployment with suggestions for legislation or other government action and innovation designed to further stimulate broadband deployment.
(3) Evaluation of the effectiveness of the state’s use of its own infrastructure, purchasing power, and facilities to leverage broadband deployment and proposals to improve the state’s use of its broadband resources.
(4) The successes and outcomes of the duties listed in subsection (b) of this section.
Sec. 7. 10 V.S.A. § 212(14) is amended to read:
(14) “Mortgagee,” as used in subchapter 2 of this chapter, means the original lender under a mortgage and its successors and assigns if approved by the authority, and includes the authority when the authority is the lender of a loan made under the technology infrastructure financing program adopted pursuant to subchapter 10 of this chapter;
Sec. 8. 24 V.S.A. § 4412 is amended to read:
§ 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS
Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality:
* * *
(6) Heights of certain structures. The height of antenna structures, wind turbines with blades less than 20 feet in diameter, or rooftop solar collectors less than 10 feet high, any of which are mounted on complying structures, shall not be regulated unless the bylaws provide specific standards for regulation. However, if an antenna structure is less than 20 feet in height and its primary function is to transmit or receive communication signals for commercial, industrial, municipal, county, or state purposes, it shall not be regulated under this chapter if it is located:
(A) On a farm structure as defined in section 4413 of this title.
(B) On a structure located within the boundaries of a downhill ski area and permitted under this chapter. For the purposes of this section, “downhill ski area” means an area with trails for downhill skiing served be one or more ski lifts and any other areas within the boundaries of the ski area and open to the public for winter sports.
* * *
Sec. 9. EFFECTIVE DATE
This act shall take effect on passage.
And that the bill ought to pass in concurrence with such proposals of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to.
Thereupon, pending the question, Shall the bill be read the third time?, Senators Illuzzi and Dunne moved that the proposal of amendment be amended as follows:
First: In Sec. 6(a) in the first sentence by striking the word “ten” and inserting in lieu thereof the word eleven and after the designees, by inserting the words the state vice-president of Verizon Vermont
Second: In Sec. 6(b)(2) by striking out the words “that have broadband service and areas in which major providers are expected to provide service to identify areas”
Which was agreed to.
Thereupon, third reading of the bill was ordered.
Proposal of Amendment; Third Reading Ordered
H. 97
Senator Campbell, for the Committee on Judiciary, to which was referred House bill entitled:
An act relating to operating with a suspended license and failing to pay penalties for traffic offenses.
Reported recommending 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. 23 V.S.A. § 513 is amended to read:
§ 513. MISUSE OF PLATES
Except as provided in section 321 of this title, an owner of a motor
vehicle shall not attach or cause to be attached thereto to the
vehicle number plates that were not assigned by the commissioner of motor
vehicles to such owner to be attached to such motor vehicle. A person
shall not operate a motor vehicle, except as provided in section 321 of this
title, to which number plates are attached that were not assigned to such
the vehicle by the commissioner of motor vehicles. An inspector of
motor vehicles and any enforcement officer shall have authority to
remove from a motor vehicle any plates which have been attached in violation of
the provisions of this section.
Sec. 2. 23 V.S.A. § 674 is amended to read:
§ 674. OPERATING AFTER SUSPENSION OR REVOCATION OF LICENSE; PENALTY; REMOVAL OF REGISTRATION PLATES; TOWING
(a)(1) Except as provided in section 676 of this title, a person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of this section or subsections 1091(b), 1094(b), or 1128(b) or (c) of this title and who operates or attempts to operate a motor vehicle upon a public highway before the suspension period imposed for the violation has expired shall be imprisoned not more than two years or fined not more than $5,000.00, or both.
(2) A person who violates section 676 of this title for the sixth or subsequent time shall, if the five prior offenses occurred after July 1, 2003, be imprisoned not more than two years or fined not more than $5,000.00, or both.
* * *
(c) An enforcement officer shall have the authority to remove any number plates from a motor vehicle which is being operated by a person in violation of subsection (a) or (b) of this section. The commissioner shall be notified in writing and may, in his or her sole discretion, cause the plates to be returned to the registered owner or lessee for good cause shown. The vehicle shall be towed to the tow operator’s place of business and shall not be released until the tow operator is shown proof that the plates have been returned to the registered owner or lessee, or that the vehicle has been reregistered, and the towing and storage fees are paid.
(c)(d) Notwithstanding any other provision of this title,
when a conviction for a violation of this section and a conviction for a violation
of section 1201 of this title result from the same incident, any penalty or
suspension or revocation of a person’s license or privilege to operate shall be
imposed to be consecutive and not concurrent.
(d)(e) In determining appropriate fines under this
section, the court may take into account the income of the defendant.
(e)(f) For purposes of this section and section 676 of
this title, the suspension period for a violation of section 1201 or 1205 of
this title shall not be deemed to expire until the person has complied with
section 1209a of this title and the person’s license has been reinstated.
(f)(g) In establishing a prima facie case against a person
accused of violating this section, the court shall accept as evidence a
printout attested to by the law enforcement officer as the person’s motor
vehicle record showing convictions and resulting license suspensions. The
admitted motor vehicle record shall establish a permissive inference that the
person was under suspension on the dates and time periods set forth in the
record. No certified copy shall be required from the department of motor
vehicles to establish the permissive inference.
(g)(h) At the time of sentencing after a second or
subsequent conviction under subsection (b) of this section, the court may, in
addition to any penalty imposed by law, order that the motor vehicle operated
by the person at the time of the offense be immobilized. At the time of
sentencing after a third or subsequent conviction under subsection (b) of this
section, the court may, in addition to any penalty imposed by law, order that
the motor vehicle operated by the person at the time of the offense be
forfeited and sold. Immobilization and forfeiture procedures under this
section shall be conducted in accordance with the procedures in section 1213c
of this title.
(h)(i) A person convicted of violating this section shall
be assessed a surcharge of $50.00, which shall be added to any fine or
surcharge imposed by the court. The court shall collect and transfer the
surcharge assessed under this subsection to be credited to the DUI enforcement
fund. The collection procedures described in 13 V.S.A. § 5240 shall be
utilized in the collection of this surcharge.
Sec. 3. 23 V.S.A. § 1216 is amended to read:
§ 1216. PERSONS UNDER 21; ALCOHOL CONCENTRATION OF 0.02 OR MORE
* * *
(d) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of health. A refusal to submit to the breath test shall be considered a violation of this section. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:
(1) the results of the test shall be admissible admitted as
evidence in a proceeding under this section; and
(2) there shall be no statutory right to counsel prior to the administration of the test.
* * *
Sec. 4. 23 V.S.A. § 2307 is amended to read:
§ 2307. SUSPENSION
REMEDIES FOR FAILURE TO PAY
(a) As used in this section:
(1) “Amount due” means all financial assessments contained in a judicial bureau judgment, including penalties, fines, surcharges, court costs, and any other assessment authorized by law.
(2) “Designated collection agency” means a collection agency designated by the court administrator.
(3) “Designated credit bureau” means a credit bureau designated by the court administrator or the court administrator’s designee.
(b) Notice of risk of suspension. In the case of failure to
pay a penalty, the judicial bureau shall mail a notice to the defendant at the
address in the complaint notifying the defendant A judgment for a
traffic violation shall contain a notice that failure to pay or otherwise
satisfy the penalty amount due within 20 days of the notice will
result in suspension of the person’s operator’s license or privilege to operate
until the penalty amount due is paid or otherwise satisfied. A
copy of the notice shall be sent If the defendant fails to pay the
amount due within 20 days of the notice, the judicial bureau shall provide
electronic notice thereof to the commissioner of motor vehicles who, after
20 days from the date of receiving the electronic notice, shall suspend
the person’s operator’s license or privilege to operate until the penalty
amount due is paid or otherwise satisfied.
(c) Civil contempt proceedings. If an amount due remains unpaid for 45 days after the judicial bureau provides the defendant with a notice of risk of suspension pursuant to subsection (b) of this section, the judicial bureau may initiate civil contempt proceedings pursuant to this subsection.
(1) Notice of hearing. The judicial bureau shall provide notice by first class mail sent to the defendant’s last known address that a contempt hearing will be held pursuant to this subsection and that failure to appear at the contempt hearing may result in the sanctions listed in subdivision (c)(2) of this section and subject to procedures for tax setoffs under 32 V.S.A. § 5941.
(2) Failure to appear. If the defendant fails to appear at the contempt hearing, the hearing officer may direct the clerk of the judicial bureau to:
(A) cause the matter to be reported to one or more designated credit bureaus; or
(B) refer the matter to district court for contempt proceedings.
(3) Hearing. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant’s ability to pay the amount due. The state or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant’s own expense.
(4) Mitigation remedies.
(A) The hearing officer may waive the reinstatement fee required by section 675 of this title or reduce the amount due on the basis of:
(i) the defendant’s driving history, ability to pay, or service to the community;
(ii) the collateral consequences of the violation; or
(iii) the interests of justice.
(B) The hearing officer may specify a date by which the defendant shall pay the amount due and may notify the commissioner of motor vehicles to reinstate the defendant’s operator’s license or privilege subject to payment of the amount due by the specified date. If the defendant fails to pay the amount due by the specified date, the judicial bureau may notify the commissioner to suspend the defendant’s operator’s license or privilege. A license may be reinstated under this subdivision only if the defendant’s license is suspended solely for failure to pay a judicial bureau judgment.
(C) The judicial officer shall have sole discretion to determine mitigation remedies pursuant to this subdivision, and the judicial officer’s determination shall not be subject to review or appeal in any court, tribunal, or administrative office.
(5) Contempt.
(A) The hearing officer may conclude that the defendant is in contempt if the hearing officer states in written findings a factual basis for concluding that:
(i) The defendant knew or reasonably should have known that he or she owed an amount due on a judicial bureau judgment;
(ii) The defendant had the ability to pay all or any portion of the amount due; and
(iii) The defendant failed to pay all or any portion of the amount due.
(B) The hearing officer may in the contempt order do one or more of the following:
(i) Set a date by which the defendant shall pay the amount due;
(ii) Assess an additional penalty not to exceed ten percent of the amount due;
(iii) Direct the clerk of the judicial bureau to cause the matter to be reported to one or more designated credit bureaus. The court administrator or the court administrator’s designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid judicial bureau judgments; and
(iv) Recommend that the district court incarcerate the defendant until the amount due is paid. If incarceration is recommended pursuant to this subdivision, the judicial bureau shall notify the district court that contempt proceedings should be commenced against the defendant. If the defendant cannot afford counsel for the contempt proceedings in district court, the defender general shall assign counsel at the defender general’s expense.
(d) Collections.
(1) If an amount due remains unpaid for one year after the issuance of a notice of risk of suspension pursuant to subsection (b) of this section and the defendant has failed to appear at a judicial bureau contempt hearing, the court administrator may authorize the clerk of the judicial bureau to refer the matter to a designated collection agency.
(2)(A) The court administrator or the court administrator’s designee is authorized to contract with one or more collection agencies for the purpose of collecting unpaid judicial bureau judgments.
(B) The court administrator may authorize a collection agency to settle a judicial bureau judgment for less than the amount due and to retain a portion of the amount collected for its services. The judgment amount shall be reduced in the judicial bureau records to reflect the settlement amount and the fee retained by the collection agency.
(e) For purposes of civil contempt proceedings, venue shall be statewide.
(f) Notwithstanding 32 V.S.A. § 502, the court administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect a processing charge in an amount approved by the court administrator.
Sec. 5. 32 V.S.A. § 5932(8) and (9) are added to read:
(8) “Court” means a superior court, a district court, or the judicial bureau.
(9) “Judgment debtor” means any person who has not paid in full a court judgment for payment of a fine, penalty, surcharge, or fee due and payable to the state or a political subdivision thereof.
Sec. 6. 32 V.S.A. § 5941 is added to read:
§ 5941. PROCEDURE FOR SETOFF OF COURT JUDGMENTS
(a) The court shall include in any judgment a notice that any unpaid amounts shall be certified to the department for a setoff on the judgment debtor’s income tax refund, and the notice shall explain how the judgment debtor may challenge the certification.
(b) Sections 5934(c) and 5936 of this title, relating to the procedure for contesting the debt, shall not apply to a court seeking information from a judgment debtor.
(c) Notwithstanding section 502 of this title, the department may assess against the judgment debtor a collection assistance fee in an amount established pursuant to section 5938 of this title.
(d) If a judgment debtor identified by the court clerk is entitled to a refund, the department shall retain the collection assistance fee and then transfer to the court in which the judgment was issued an amount equal to the refund owed or the amount unpaid, whichever is less.
Sec. 7. 13 V.S.A. § 2580 is added to read:
§ 2580. FILM PIRACY
(a) As used in this section:
(1) “Motion picture theater” means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a motion picture at the time of the offense.
(2) “Recording device” means a photographic, digital, or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture.
(b) No person shall knowingly operate a recording device in a motion picture theater for the purpose of recording a theatrical motion picture, while a motion picture is being exhibited, without the express written authority of the owner of the motion picture theater.
(c) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
(d) A theater owner who has reasonable cause to believe that a person has recorded or is attempting to record a film in violation of subsection (b) of this section may detain the person on or in the immediate vicinity of the premises of the motion picture theater, affording the person the opportunity to be detained in a place out of public view, if available, in a reasonable manner which may include the use of reasonable force and for a reasonable length of time for any of the following purposes:
(1) To request and verify identification;
(2) To make a reasonable inquiry as to whether the person has in his or her possession a film or any portion of a film that the person recorded in violation of this section.
(3) To inform a law enforcement officer of the detention of the person and to surrender that person to the custody of a law enforcement officer; and
(4) In the case of a minor, to inform a law enforcement officer, and, if known or determined, a parent, guardian, or other person having supervision of the minor of his or her detention, and to surrender custody of the minor to the law enforcement officer, parent, guardian, or other person.
(e) The owner or lessee of a motion picture theater shall post a public notice stating that knowingly recording a film without written permission from the owner or lessee is a criminal act under Vermont state law and may result in a fine or imprisonment, or both. Notice shall be placed in a prominent and accessible location which can be seen easily by a person entering the theater. Notice shall be posted on a sign with dimensions of at least 8‑1/2 inches by 11 inches.
Sec. 8. 4 V.S.A. § 1108 is amended to read:
§ 1108. CIVIL ORDINANCE AND TRAFFIC VIOLATIONS; JURISDICTION OF ASSISTANT
JUDGES IN ESSEX COUNTY
(a) Subject to the limits of this section and
notwithstanding any provision of law to the contrary, an assistant judge of Essex
County sitting alone shall have the same jurisdiction, powers and
duties to hear and decide civil ordinance and traffic violations as a hearing
officer has under the provisions of this chapter.
(b) Jurisdiction and venue of civil ordinance and
traffic violations heard by an assistant judge shall be in the superior court
in the county in which the violation is alleged to have occurred.
(c)(1) An assistant judge who elects
to hear and decide civil ordinance and traffic violations shall:
(A) have served in that office for a minimum of two years;
(B) have successfully completed at least 40 hours of training which shall be provided by the bureau; and
(C) complete eight hours of continuing education every year relating to jurisdiction exercised under this section.
(2) Training shall be paid for by the county, which expenditure is hereby authorized. Law clerk assistance shall be available to the assistant judges.
(d) An assistant judge who elects to hear and
decide civil ordinance and traffic violations or who elects to cease hearing
these matters, shall cause the court clerk to notify the bureau and each
municipality in the assistant judge’s county of the judge’s decision. Upon
receipt of notification that an assistant judge elects to hear these matters,
exclusive jurisdiction vests with the superior court and every complaint alleging
a civil ordinance and traffic violation in that judge’s county which is denied,
or which requires a hearing, shall be set for hearing before the superior court
in the assistant judge’s county.
(e) If both assistant judges elect to hear civil
ordinance and traffic violations, the senior assistant judge shall make the
assignment of cases to be heard by each assistant judge.
(f) If both assistant judges do not elect to hear
civil ordinance and traffic violations or elect to cease to hear these matters,
civil ordinance and traffic violations in the county shall be heard in
accordance with the provisions of this chapter.
(g) An assistant judge may decline to hear a
particular civil ordinance or traffic violation, in which case the violation
shall be heard by a hearing officer of the bureau.
(h) An appeal from a decision of an assistant
judge shall be in accordance with the provisions of this chapter.
(i) Civil ordinance and traffic violations that
are heard by an assistant judge in Essex County
shall be heard in Essex County and shall not be
heard at or transferred to any other location.
(c) The administrative judge may assign or direct assignment of an assistant judge with his or her consent to hear a civil ordinance or traffic violation case within the county in which the assistant judge presides or in a county other than the county in which the assistant judge presides if the assistant judge has elected to hear and decide civil ordinance and traffic violations under this section.
Sec. 9. 12 V.S.A. § 5540a is amended to read:
§ 5540a. JURISDICTION OVER SMALL CLAIMS; ASSISTANT JUDGES; ADDISON,
BENNINGTON, CHITTENDEN, FRANKLIN, GRAND ISLE,
LAMOILLE, ORANGE, ORLEANS, WASHINGTON,
WINDHAM, AND WINDSOR COUNTIES
(a) Subject to the limitations in this section and
notwithstanding any provision of law to the contrary, assistant judges of
Addison, Bennington, Chittenden, Franklin, Grand Isle, Lamoille, Orange,
Orleans, Washington, Windham, and Windsor counties sitting alone,
shall hear and decide small claims actions filed under this chapter with the
appropriate superior court if the assistant judges first elect to successfully
complete the training required in subsection (b) of this section.
(b) With the exception of assistant judges authorized to preside in small claims matters prior to the effective date of this act who have successfully completed the testing requirements established herein, an assistant judge hearing cases under this section shall have completed at least 100 hours of relevant training and testing, and observed 20 hours of small claims hearings in accordance with the protocol for said training and observation which shall be established by a majority of the assistant judges of the state, which shall include attendance at colleges or classes available in various locations in and outside the state to lay judges. An assistant judge who hears cases under this section shall complete 16 hours of continuing education every year relating to jurisdiction exercised under this section. Training shall be paid for on a per capita basis of those judges electing to take the training by the county, which expenditure is hereby authorized. Law clerk assistance available to superior court judges shall be available to the assistant judges.
(c) A decision of an assistant judge shall be entered as a small claims judgment and may be appealed pursuant to section 5538 of this title. The appeal shall be decided by the presiding judge.
(d) An assistant judge upon successful completion of
the training under subsection (b) of this section, shall cause the superior
court clerk to notify the court administrator of the assistant judge’s
successful completion of training. Upon receipt of such notification, small
claims cases which require a hearing shall first be set for hearing before an
assistant judge in the superior court in the county and shall be heard by the
assistant judge. If the assistant judge is unavailable due to illness,
vacation, administrative leave, disability or disqualification, the
administrative judge pursuant to section 22 of Title 4 may assign a judge, or
appoint and assign a member of the Vermont bar to serve temporarily as an
acting judge, to hear small claims cases in Addison, Bennington, Chittenden,
Franklin, Grand Isle, Lamoille, Orange, Orleans, Washington, Windham, and
Windsor counties the case. No action filed or pending shall be
heard at or transferred to any other location unless agreed to by the parties.
If both assistant judges of the county elect to successfully complete training
to hear these matters, the senior assistant judge shall make the assignment of
cases to be heard by each assistant judge. The assistant judges, once
qualified to preside in these matters, shall work with the court
administrator’s office and the administrative judge such that the scheduling of
small claims cases before the assistant judges are at such times as to permit
adequate current court personnel to be available when these cases are heard.
(e) This section shall be repealed effective on July 1, 2008.
Sec. 10. REPEAL
4 V.S.A. § 22(d) and 12 V.S.A. § 5540 are repealed.
Sec. 11. ESTABLISHMENT OF POSITION
One permanent position – collections manager – is established within the Judiciary.
Sec. 12. EFFECTIVE DATE
(a) Secs. 1, 2, 3, 7, 8, 9, 10, and 11 of this act shall take effect on passage.
(b) Secs. 4, 5, and 6 of this act shall take effect on September 1, 2006.
And that the bill ought to pass in concurrence with such proposal of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to.
Thereupon, pending the question, Shall the bill be read the third time?, Senator Illuzzi moved to amend the proposal of amendment in Sec. 2, 23 V.S.A. §674 by striking out subsection (g) in its entirety and inserting in lieu thereof the following:
(g) In establishing a prima facie case against a person accused
of violating this section, the court and the judicial bureau shall accept
as admit into evidence a printout attested to by the law enforcement
officer as the person’s motor vehicle record showing convictions and resulting
license suspensions. The admitted motor vehicle record and the officer’s
testimony shall establish a permissive inference in a criminal action
and a rebuttable presumption in a civil action, including actions pending
before the judicial bureau, that the person was under suspension on the
dates and time periods set forth in the record. No certified copy shall be
required from the department of motor vehicles to establish the permissive
inference or the rebuttable presumption.
Which was agreed to.
Thereupon, third reading of the bill was ordered.
Proposals of Amendment; Third Reading Ordered
H. 867.
Senator Wilton, for the Committee on Education, to which was referred House bill entitled:
An act relating to miscellaneous changes to education law.
Reported recommending that the Senate propose to the House to amend the bill as follows:
First: In Sec. 16, in the catchline, by striking out the word “POSTPARTUM” and inserting in lieu thereof the word PARENTING and in subsection (a) by striking out the word “postpartum” and inserting in lieu thereof the word parenting
Second: In Sec. 16, subsection (c), after the words “A school district shall pay” by inserting the words up to and by striking out the word "postpartum" and inserting in lieu thereof the word parenting
Third: In Sec. 22, by adding four new subsections to be lettered (e), (f), (g), and (h), to read as follows:
(e) The commissioner of education shall work with Vermont educators and the state board of education to study the quality of Vermont public schools and independent schools which receive public funds and to study and analyze methods to reduce costs. On or before January 30, 2007, the commissioner shall deliver the results of the analysis and recommendations for legislative action to the senate and house committees on education.
(f) On or before January 30, 2007, the commissioner of education shall report to the senate and house committees on education regarding recommendations, if any, for amendments to Title 16 provisions addressing school district auditing requirements, including the frequency and scope. In developing the recommendations, the commissioner shall confer with the state auditor of accounts and with representatives of the Vermont association of school business officials, the Vermont superintendents association, and the Vermont school boards association.
(g) The commissioner of education shall consult with high school principals and other appropriate people to consider whether the scholastic aptitude test or the American college test should be used to assess student academic progress in the high school grades. On or before January 30, 2007, the commissioner shall report to the senate and house committees on education as to whether either or both of the tests should be used as a statewide assessment.
(h) The commissioner of education shall gather information which will facilitate discussion during the next legislative session about increasing the compulsory education age to 18, and present the data to the senate and house committees on education during January, 2007. Information gathered shall include the number of young people who have dropped out of school in each of the last 10 years, the types of facilities and programs that are available to help young people at risk of not completing school to obtain a high school diploma or its equivalent, costs of services alternative to the public school system, and other information which will inform the discussion.
Fourth: By adding three new sections to be numbered Secs. 24, 25, and 26 to read as follows:
Sec. 24. 16 V.S.A. § 2963a(a) is amended to read:
(a) The commissioner of education, in place of reimbursement under section 2963 of this title, shall reimburse a school district for 80 percent of the following expenditures:
(1) costs not eligible for reimbursement under section 2962 of this title for each student causing the school district to be eligible for extraordinary services reimbursement pursuant to that section. However, in order for a school district to be eligible for reimbursement under this section, the total costs of the district eligible for extraordinary services reimbursement must equal or exceed 15 percent of the total costs eligible for state assistance under sections 2961, 2962, and 2963 of this title; and
(2) the
costs incurred by the school district in placing and maintaining a student in a
program operated by the Vermont Center for the Deaf and Hard of Hearing. However,
such expenditures do not include costs incurred for up to two such students by
a school district with an average daily membership of fewer than 1,000 and for
up to three such students by a school district with an average daily membership
of 1,000 or greater.
Sec. 25. REPEAL EXTENSION
16 V.S.A. § 711b shall remain in effect until July 1, 2008, notwithstanding the provisions of Sec. 15(4) of No. 130 of the Acts of the 2003 Adj. Sess. (2004) which repeals the section effective July 1, 2006.
Sec. 26. 16 V.S.A. § 15 is added to read:
§ 15. COUNCIL ON CIVICS EDUCATION
(a) The commissioner of education or designee shall convene and chair a council on civics education to strengthen civics education opportunities for all Vermonters.
(b) The council shall consist of the secretary of state or designee and one person chosen by each of the following organizations: the Vermont league of women voters, the Vermont bar association, the Vermont humanities council, the Vermont principals association, the Snelling Center for Government, a teacher from the Vermont alliance for social studies, a teacher from the Vermont national education association, the Vermont school boards association, and the Vermont superintendents association. Any interested member of the house or senate committee on education may attend council meetings as a nonvoting member.
(c) The council shall:
(1) continually assess the status of civics education in Vermont schools at all education levels, including higher education;
(2) make recommendations to enhance civics education;
(3) make recommendations regarding benefits of increasing civics coordination services at the state house;
(4) maintain an inventory of civics and service education opportunities available for Vermont students;
(5) assess and recommend best practices in civics education;
(6) build and maintain a network of civics education professionals to share information and strengthen partnerships;
(7) support and help coordinate an alignment of civics education curricula at all education levels, including higher education;
(8) prepare an annual report of its activities.
Fifth: By striking out Secs. 4 and 18 in their entirety and renumbering the sections of the bill to be numerically correct, and in old Sec. 24(a) by striking out the following: "Sec. 16(c)" and inserting in lieu thereof the following: Sec. 15(c)
And that the bill ought to pass in concurrence with such proposals of amendment.
Senator Cummings, for the Committee on Finance, to which the bill was referred, reported recommending that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered.
Report of Committee of Conference Accepted and Adopted on the Part of the Senate
H. 618.
Senator Lyons, for the Committee of Conference, submitted the following report:
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:
An act relating to services for transitional youth.
Respectfully reports that it has met and considered the same and recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
The general assembly finds that the services provided to youths ages 18–22 who are transitioning from state custody to adulthood are insufficient and do not support youths in becoming self-sufficient adults. It is the intent of the general assembly to provide necessary and essential transitional services to these youths up to age 22 to assist them in becoming self-sufficient adults.
Sec. 2. 33 V.S.A. § 1901(d) and (e) are added to read:
(d) The agency of human services shall adopt rules and procedures pursuant to chapter 25 of Title 3 for automatically assessing any child whose eligibility for Medicaid, a Medicaid waiver program, or Dr. Dynasaur is threatened to determine whether the child is eligible under a different eligibility category or public health care program and for completing such assessment in time to avoid interruption in the child’s coverage.
(e) The secretary of human services shall adopt or amend regulations to ensure, to the extent permitted under federal law, that a college student taking medical leave who applies for VHAP or another Medicaid waiver program has his or her eligibility determined on the basis of the student's income only, and not the parent's income, even if the student receives room and board from his or her parents. If necessary, the agency shall seek an amendment to the Global Commitment to Health Medicaid Section 1115 waiver to modify eligibility for this group.
Sec. 3. COORDINATION OF INITIATIVES; TRANSITIONAL YOUTHS
The department for children and families shall assess what efforts, task forces, and initiatives are being undertaken in government, the judiciary, communities, and other public or private groups on issues relating to youths ages 18–22 who are transitioning from state custody. The department shall develop a plan for coordinating these efforts on transitional youths, shall combine the recommendations from the task forces on youth issues related to the judiciary, foster care, and higher education, and shall report those recommendations to the house committee on human services and the senate committee on health and welfare no later than January 15, 2007. The department’s plans and recommendations shall be consistent with the policy expressed in Sec. 1 of this act.
Sec. 4. TRANSITIONAL YOUTHS; SERVICES STUDY
(a) The agency of human services, in consultation with the department of education, shall analyze current law and regulation regarding Medicaid eligibility for young adults ages 18–22 and shall report on the following:
(1) current Medicaid eligibility requirements;
(2) how the state currently administers Medicaid for youths, including the type of outreach that has been done to assure a full opportunity for enrollment;
(3) an estimate of the percentage of eligible youths who are enrolled;
(4) additional options available to increase access to Medicaid coverage for all categories of potentially eligible youths over the age of 18, including but not limited to the developmentally disabled youths who are not in custody, and the cost of each option;
(5) the cost of extending health care coverage through Medicaid, the Vermont health access plan, Dr. Dynasaur, or another state-funded health care program solely to an individual under the custody of the state on his or her 18th birthday for the period of time the individual attends college or postsecondary training.
(b) The agency of human services shall study the costs and benefits of providing necessary and essential transitional services up to age 22 for a youth who has been in the custody of the state; has a developmental disability and has been receiving state‑funded services or services under an individualized education program (IEP) on the youth’s 18th birthday; or has been receiving state‑funded services for severe emotional disturbance on his or her 18th birthday in order to assist the youth in becoming a self-sufficient adult.
(c) The agency of human services shall study the costs and benefits to families whose child reaches the age of majority and attends a postsecondary education or training program of continuing Reach Up assistance under chapter 11 of Title 33 while the child is a full-time student. The study shall include a financial analysis, the feasibility of using TANF funds for this purpose, and any other issues relating to the use of federal funds for this purpose.
(d) The reports under this section shall be provided to the senate committee on health and welfare and the house committee on human services no later than January 15, 2007.
Sec. 5. OUTREACH
The office of Vermont health access shall provide information on the eligibility of children under age 21 for Medicaid under the Ribicoff eligibility category to community organizations, to designated agencies, and over the internet.
Sec. 6. VHAP ELIGIBILITY RULES
The secretary shall, as reasonably necessary, clarify all regulations concerning VHAP eligibility for college students, either through amended regulations or issuance of interpretive bulletins.
VIRGINIA V. LYONS
WILLIAM T. DOYLE
JEANETTE K. WHITE
Committee on the part of the Senate
ANN D. PUGH
SANDY HAAS
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.
House Proposal of Amendment Concurred In with Amendment
S. 124.
House proposal of amendment to Senate bill entitled:
An act relating to a certificate of public good for extending the operating license of a nuclear power plant.
Was taken up.
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. LEGISLATIVE POLICY AND PURPOSE
(a) It remains the policy of the state that a nuclear energy generating plant may be operated in Vermont only with the explicit approval of the General Assembly expressed in law after full, open, and informed public deliberation and discussion with respect to pertinent factors, including the state’s need for power, the economics and environmental impacts of long term storage of nuclear waste, and choice of power sources among various alternatives.
(b) It is the purpose of this act to establish a statutory process to implement this policy with respect to the operation of any nuclear energy generating plant in the state beyond the date of any certificate of public good granted and in force, including any in force as of January 1, 2006.
(c) Pursuant to No. 74 of the Acts of the 2005 session, the owner of the Vermont Yankee nuclear power station:
(1) is required to obtain the approval of the general assembly before storage of spent fuel derived from the operation of Vermont Yankee nuclear power station after March 21, 2012, and also
(2) is required to obtain a section 248 certificate of public good from the public service board before operation beyond that date.
(d) It is appropriate that the spent fuel storage issue be framed and addressed as a part of the larger societal discussion of broader economic and environmental issues relating to the operation of a nuclear facility in the state, including an assessment of the potential need for the operation of the facility and its economic benefits, risks, and costs; and in order to allow opportunity to assess alternatives that may be more cost effective or that otherwise may better promote the general welfare.
(e) It is appropriate for the general assembly to require that when the public service board addresses the issue of whether to issue a certificate of public good for the operation of the plant beyond the date specified in a previous certificate of public good, that it evaluate the issue under present day cost benefit assumptions and analyses forming the basis of the certificate of public good for the current operation of the facility.
(f) For the foregoing reasons, the general assembly shall consider concurrently the issue of storage of spent nuclear fuel derived from the operation of Vermont Yankee nuclear power station after March 21, 2012 as set forth in No. 74 of the Acts of the 2005 session and the operation of Vermont Yankee after March 21, 2012 as set forth in 30 V.S.A.§ 248, and shall grant the approval or deny the approval of such activities concurrently. Accordingly, if the general assembly approves and determines that the operation of the facility beyond the date permitted in any certificate of public good granted pursuant to this title will promote the public welfare, then the approval of the general assembly for the storage of spent fuel derived from the operation of the Vermont Yankee nuclear power station after March 21, 2012 will also be deemed approval as required in 10 V.S.A. § 6522.
Sec. 2. 30 V.S.A. § 248(e) is amended to read:
(e)(1) Before a certificate of public good is issued for the
construction of a nuclear fission energy generating plant within
the state the public service board shall obtain the approval of the general
assembly and the assembly's determination that the construction of the proposed
facility will promote the general welfare. The public service board shall
advise the general assembly of any petition submitted under this section for
the construction of a nuclear fission energy generating plant
within this state, by written notice delivered to the speaker of the house of
representatives and to the president of the senate. The department of public
service shall submit recommendations relating to the proposed plant, and shall
make available to the general assembly all relevant material. The requirements
of this subsection shall be in addition to the findings set forth in subsection
(b) of this section.
(2) No nuclear energy generating plant within this state may be operated beyond the date permitted in any certificate of public good granted pursuant to this title, including any certificate in force as of January 1, 2006, unless the general assembly approves and determines that the operation will promote the general welfare, and until the public service board issues a certificate of public good under this section. If the general assembly has not acted under this subsection by July 1, 2008, the board may commence proceedings under this section and under 10 V.S.A. chapter 157 relating to the storage of radioactive material, but may not issue a final order or certificate of public good until the approval of the general assembly has been obtained.
Sec. 3. 30 V.S.A. § 248(m) is added to read:
(m) In any matter with respect to which the board considers the operation of a nuclear energy generating plant beyond the date permitted in any certificate of public good granted under this title, including any certificate in effect as of January 1, 2006, the board shall evaluate the application under current assumptions and analyses and not an extension of the cost benefit assumptions and analyses forming the basis of the previous certificate of public good for the operation of the facility.
Sec. 4. 30 V.S.A. §254 is added to read:
§254 CONSTRUCTION OR EXTENDED OPERATION OF NUCLEAR PLANT; PUBLIC ENGAGEMENT PROCESS
(a) Time lines for approval.
(1) Any petition for approval of construction of a nuclear energy generating plant within the state, or any petition for approval of the operation of a nuclear energy generating plant beyond the date established in a certificate of public good issued under this title, must be submitted to the public service board no later than four years before the date upon which the approval may take effect.
(2) Upon receipt of a petition for approval of construction or operation as provided under this section, the public service board shall notify the general assembly of that fact. The public service department, in consultation with the joint energy committee, is authorized and directed to arrange for studies to be conducted as appropriate to support the general assembly in the fact finding and public engagement process established in subsection (b) of this section.
(3) Upon completion of the studies, the public service department shall provide the studies to the public service board and to the committees on natural resources and energy, the house committee on commerce, and the senate committee on finance, together with other information requested by the general assembly.
(b) Public engagement and fact-finding.
(1) The objectives of the studies to be arranged by the public service department in consultation with the joint energy committee and the objectives of the public engagement process as a whole shall be:
(A) to facilitate public discussion of long term economic and environmental issues relating to the operation of any nuclear facility in the state;
(B) to identify and assess the potential need for the operation of the facility and its long term economic and environmental benefits, risks, and costs; and
(C) to assess all practical alternatives to those set forth in the applicant’s petition that may be more cost effective or that otherwise may better promote the general welfare.
(2) The studies arranged by the department in consultation with the joint energy committee and the public engagement process, in general, shall:
(A) identify, collect information on, and provide analysis of long term accountability and financial responsibility issues, such as:
(i) funding plans for guardianship of nuclear waste after licensure but before removal of nuclear waste from the site;
(ii) closure obligations, dates of completion, and assurance of funds to secure fulfillment of those closure obligations;
(iii) federal obligations and assurance of funds to provide for any un-discharged federal responsibilities;
(iv) funding for emergency management requirements and evacuation plans before and after plant closure; and
(v) any other financial responsibility related to any periods in which the facility is out of service.
(B) identify, collect information on, and provide analysis of long term environmental, economic, and public health issues, including issues relating to dry cask storage of nuclear waste and decommissioning options.
(C) identify, collect information on, and provide analysis of current economic issues, in light of the fact that the operation of the nuclear energy generating plant beyond the date permitted in any previous certificate of public good is to be evaluated under present day cost-benefit assumptions and analyses and not as an extension of the cost-benefit assumptions and analyses forming the basis of the previous certificate of public good for the operation of the facility.
(3) In conducting its part of the public engagement process, the department shall conduct no less than three public meetings. The meetings shall be at separate locations within the state, in proximity to the nuclear energy generating facilities involved as well as in other locations as determined by the department, and each shall be noticed by at least two advertisements, each occurring between one and three weeks prior to the meetings, in newspapers having general circulation within the state and within the municipalities in which the meetings are to be held. Copies of the notices shall be provided to the public service board, the general assembly, the agency of natural resources, the department of health, the agency of transportation, the attorney general, and each retail electricity provider within the state. During this public engagement and fact finding process the department shall have authority to retain expert witnesses, counsel, advisors, stenographic and other research assistance it may require. The department may compensate the same and allocate related costs, as well as the costs of procuring the studies, to the owner of the Vermont Yankee nuclear power station, in the same manner authorized for personnel in particular proceedings under sections 20 and 21 of this title. The department shall prepare a report of the proceedings containing a discussion of the principal contentions made by members of the public, analyses by any expert witnesses or consultants retained by the department, presentations by any state agency, and by any utility, and shall provide the same to the members of the committees on natural resources and energy, the house committee on commerce, and the senate committee on finance, and to the public.
(4) The public engagement and fact finding process set forth in this section may be held in conjunction with or separately from the statewide public engagement process on energy planning to be conducted by the department pursuant to the energy security and reliability act.
(5) The general assembly shall conduct proceedings it deems appropriate in order to complete the fact finding and public engagement process.
(c) Public service board action. In acting on a petition subject to this section, the board shall consider the objectives of the studies to be arranged by the department, the objectives of the public engagement process as a whole, and the general and specific issues that the studies are required to address, as specified in subsection (b) of this section.
Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, Senator Gander moved that the Senate concur in the House proposal of amendment with a proposal of amendment as follows:
First: In Sec. 2, 30 V.S.A. § 248(e)(2), in the last sentence, by striking out the following: “approval of the general assembly has been obtained” and inserting in lieu thereof the following: general assembly determines that operation will promote the general welfare and grants approval for that operation
Second: In Sec. 4, 30 V.S.A. § 254(a)(2), in the second sentence, by striking out the following: “in consultation with” and by inserting in lieu thereof the following: with the approval of
Third: In Sec. 4, 30 V.S.A. § 254(b)(1), by striking out the following “in consultation with” and by inserting in lieu thereof the following: with the approval of
Which was agreed to.
Rules Suspended; Bills Passed in Concurrence with Proposals of Amendment; Bills Messaged
H. 97.
Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:
An act relating to operating with a suspended license and failing to pay penalties for traffic offenses.
Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.
H. 456.
Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:
An act relating to use of Vermont products and nutrition education in schools.
Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.
H. 701.
Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:
An act relating to unidentified corridors.
Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.
H. 867.
Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:
An act relating to miscellaneous changes to education law.
Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.
Rules Suspended; Bills Messaged
On motion of Senator Welch, the rules were suspended, and the following bills were ordered messaged to the House forthwith:
S. 124; H. 618.
Joint Resolution Adopted in Concurrence
J.R.H. 73.
Joint House resolution entitled:
Joint resolution relating to the use of the State House for the Green Mountain Boys’ State program.
Having been placed on the Calendar for action, was taken up and adopted in concurrence.
On motion of Senator Welch, the Senate adjourned until eight o’clock and thirty minutes in the morning.