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Senate Calendar

wednesday, may 3, 2006

121st DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

CONSIDERATION POSTPONED UNTIL TUESDAY, MAY 2, 2006

S. 58       Relating to direct shipping of wine and beer..................................... 2100

                  Pending Question:  Shall the Senate concur in the House Proposal .....                   of Amendment?

                  Sen. Gander, Illuzzi and White amendment................................... 2100

                  Sen. Illuzzi amendment................................................................. 2101

UNFINISHED BUSINESS OF MONDAY, MAY 1, 2006

Third Reading

S. 48       Instant runoff voting method............................................................ 2101

                  Sen. Mazza and Miller amendment............................................... 2101

                  Sen. Coppenrath amendment....................................................... 2101

NEW BUSINESS

Third Reading

H. 855    Relating to telecommunications capacity development...................... 2102

Second Reading

H. 447    Municipal regulation of firearms/hunting/fishing and trapping............. 2102

                  Judiciary Committee Report......................................................... 2102

H. 859    Relating to the energy security and reliability act............................... 2104

                  Natural Resources and Energy Committee Report........................ 2104

                  Finance Committee Report.......................................................... 2119

                  Appropriations Committee Report............................................... 2122

                  Sen. Cummings amendment......................................................... 2122

H. 880    Relating to education finance simplification....................................... 2123

                  Finance Committee Report.......................................................... 2123

                  Appropriations Committee Report............................................... 2127

                  Sen. Maynard amendment........................................................... 2128

                  Sen. Cummings amendment......................................................... 2128


Committee Bill for Second Reading

S. 312     Relating to higher education............................................................. 2129

                  By the Committee on Education................................................... 2129

                  Appropriations Committee Report............................................... 2129

Joint Resolution for Action

JRS 67   Supporting establishment of Taiwan/U.S. free trade agreement......... 2130

NOTICE CALENDAR

Favorable

H. 310    Employee ownership of businesses.................................................. 2131

                  Ec. Dev., Housing & General Affairs Committee Report............... 2131

                  Appropriations Committee Report............................................... 2131

Favorable with Proposal of Amendment

H. 28      Establishing guidelines for the use of outdoor lighting........................ 2131

                  Natural Resources Committee Report.......................................... 2131

                  Institutions Committee Report...................................................... 2131

H. 690    ID/documentation/advancement creative sector of state’s econ........ 2132

                  Ec. Dev., Housing & General Affairs Committee Report............... 2132

                  Appropriations Committee Report............................................... 2133

H. 865    Relating to nondiscrimination........................................................... 2134

                  Judiciary Committee Report......................................................... 2134

                  Sen. Illuzzi amendment................................................................. 2135

                  Sen. Illuzzi amendment................................................................. 2135

Committee Bill for Notice

H. 320    Relating to an appropriation to the legislature................................... 2136

                  By the Committee on Appropriations........................................... 2136

House Proposal of Amendment

S. 267     Relating to placing a security freeze on a credit report...................... 2136

S. 285     Disabled adult children/college students on medical leave................. 2140

House Proposal of Amendment to Senate Proposal of Amendment

H. 480    Relating to precursor drugs of methamphetamine............................. 2142

Committee of Conference Report

H. 238    Min. service retirement allowance for state employees/teachers........ 2143

ORDERED TO LIE

S. 112     Relating to the practice of optometry............................................... 2148

S. 157     Relating to rulemaking for Vermont origin........................................ 2148

S. 315     Relating to creation of the Vermont Land Bank program.................. 2148

S. 316     Relating to access to broadband services throughout Vermont......... 2148

S. 319     Relating to expanding the scope of the net metering program............ 2148




 

ORDERS OF THE DAY

ACTION CALENDAR

Consideration Postponed until Tuesday, May 2, 2006

S. 58

An act relating to direct shipping of wine and beer.

PENDING QUESTION:  Shall the Senate concur in the House proposal of amendment?

(For text of Proposal, see Senate Journal for Friday, April 28, 2006, page 1104)

AMENDMENT TO HOUSE PROPOSAL OF AMENDMENT TO S. 58 TO BE OFFERED BY SENATOR GANDER, ILLUZZI AND WHITE

Senators Gander, Illuzzi and White move that the Senate concur in the House proposal of amendment with further proposals of amendment, as follows:

First:  In Sec.1, (Purpose) by striking out subsection (a) in its entirety and inserting in lieu thereof the following:

(a)  The primary purpose of this act is to make statutory changes in the Vermont shipping laws so that Vermont will be in compliance with the federal constitutional requirements regarding direct shipping of vinous beverages as laid out in Granholm v. Heald, 544 U.S. 460 (2005).  To that end, it is the purpose of this act to authorize both in-state and out-of-state wineries to ship wine to Vermont consumers and retailers on even handed terms. It is further the purpose of this act to restrict sales of alcoholic beverages to underage individuals, collect all state excise and sales tax due on the commerce of alcoholic beverages and ensure a transparent, enforceable and accountable distribution system for alcoholic beverages.

Second:  In Sec. 6, 7 V.S.A. §67(a)(2) in the next to last sentence by striking out the words “or at a farmers’ market

Third:  In Sec. 6, 7 V.S.A. §67(a)(2) by striking out the last sentence and inserting in lieu thereof the following: No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees, and no more that 60 wine tasting permits per year for a tasting event held on the premises of a farmers’ market shall be issued to any manufacturer or rectifier.

Fourth:  In Sec. 6. 7 V.S.A. §67(b)(1) by striking out the word “four” and inserting in lieu thereof the word “six” 

AMENDMENT TO S. 58 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves to amend the proposal of amendment of Senators Gander, Illuzzi and White by further proposing to the House to amend the bill in Sec. 4, subsection (c) by striking out the following: “and does not sell venous beverages to a license wholesale dealer

UNFINISHED BUSINESS OF MONDAY, MAY 1, 2006

Third Reading

S. 48

An act relating to election for statewide and national offices by the instant runoff voting method.

AMENDMENT TO S. 48 TO BE OFFERED BY SENATORS MAZZA AND MILLER BEFORE THIRD READING

Senators Mazza and Miller move to amend the bill as follows:

First:  In Sec. 1, by striking out the second sentence in its entirety and inserting in lieu thereof a new second sentence to read as follows: The secretary shall prepare this report in consultation with the Vermont League of Cities and Towns and town clerks and local election officials.

Second:  In Sec. 1, in the third sentence, after the word “issues”, by inserting the words and costs

Third:  In Sec. 1, subdivision (1), by striking out the words “implementation of

Fourth:  In Sec. 1, by adding a subdivision (10) to read as follows:

(10)  a survey of jurisdictions in this country which use the instant runoff voting method and of jurisdictions which at one time used the instant runoff voting method but no longer do.

AMENDMENT TO S. 48 TO BE OFFERED BY SENATOR COPPENRATH BEFORE THIRD READING

Senator Coppenrath moves to amend the bill by adding a new section, to be numbered Sec. 2, to read as follows:

Sec. 2.  Sec. 1.  LEGISLATIVE COUNCIL; REPORT

The Legislative Council shall contract with an organization that shall file a report with the House and Senate Committees on Government Operations by January 26, 2007.  The report shall identify and assess the following issues:

(1)  whether the instant runoff voting method is more akin to a traditional runoff voting method or a system of ranking choices;

(2)  whether the instant runoff voting method inhibits or enhances a candidate’s expression and clarification of his or her position; and

(3)  to what degree the instant runoff voting method might affect the campaign strategies of candidates.

NEW BUSINESS

Third Reading

H. 855

An act relating to telecommunications capacity development.

Second Reading

Favorable with Proposal of Amendment

H. 447

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

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

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

Sec. 1.  10 V.S.A. § 5227 is amended to read:

§ 5227.  SPORT SHOOTING RANGES; MUNICIPAL AND STATE AUTHORITY

(a)  “Sport shooting range” or “range” means an area designed and operated for the use of archery, rifles, shotguns, pistols, skeet, trap, black powder, or any other similar sport shooting.

(b)  The owner or operator of a sport shooting range, and a person lawfully using the range, who is in substantial compliance with any noise use condition of any issued municipal or state land use permit otherwise required by law shall not be subject to any civil liability for damages or any injunctive relief resulting from noise or noise pollution, notwithstanding any provision of law to the contrary.

(c)  If no municipal or state land use permit is otherwise required by law, then the owner or operator of the range and any person lawfully using the range shall not be subject to any civil liability for damages or any injunctive relief relating to noise or noise pollution.

(d)  Nothing in this section shall prohibit or limit the authority of a municipality or the state to enforce any condition of a lawfully issued and otherwise required permit.

(e)(1)  In the event that the owner, operator, or user of a range is not afforded the protection set forth in subsection (b) or (c) of this section, this subsection shall apply.  A nuisance claim against a range may only be brought by an owner of property abutting the range.  The range shall have a rebuttable presumption that the range does not constitute any form of nuisance if the range meets the following conditions:

(A)  the range was established prior to the acquisition of the property owned by the person bringing the nuisance claim; and

(B)  the frequency of the shooting or other alleged nuisance activity at the range has not significantly increased since acquisition of the property owned by the person bringing the nuisance claim.

(2)  The presumption that the range does not constitute a nuisance may be rebutted only by an abutting property owner showing that the activity has a noxious and significant interference with the use and enjoyment of the abutting property.

(f)  Prior to use of a sport shooting range after dark for purposes of training conducted by a federal, state, county, or municipal law enforcement agency, the sport shooting range shall notify those homeowners and businesses with property abutting the range that have requested such notice from the range.

(g)  If any subsection of this section is held invalid, the invalidity does not affect the other subsections of this section that can be given effect without the invalid subsection, and for this purpose, the subsections of this section are severable.

Sec. 2.  10 V.S.A. § 5227a is added to read:

§ 5227a.  SPORT SHOOTING RANGE ALTERNATIVE DISPUTE RESOLUTION

Upon request of a homeowner or business that owns property abutting a sport shooting range, a range shall, at least once, attempt to resolve through mediation an issue or dispute that the homeowner or business has concerning operation of the range.  The parties to such mediation may agree upon the use of a mediator to assist in the resolution of the agreed upon issue or dispute and the parties shall share the cost of the mediator.  If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to chapter 192 of Title 12 and shall share the cost of the arbitration.

Sec. 3.  24 V.S.A. § 2291 is amended to read:

§ 2291.  ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare and convenience, a town, city or incorporated village shall have the following powers:

* * *

(8)  To regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in section 5227 of Title 10.

Sec. 4.  EFFECTIVE DATE

This act takes effect upon passage.

(Committee vote: 4-0-3)

(For House amendments, see House Journal for February 28, 2006, page 472; March 1, 2006; page 503.)

H. 859

An act relating to the energy security and reliability act.

Reported favorably with recommendation of proposal of amendment by Senator Lyons for the Committee on Natural Resources and Energy.

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

Sec. 1.  DESIGNATION OF ACT

This act shall be referred to as the Vermont energy security and reliability act.

Sec. 2.  PUBLIC ENGAGEMENT IN POWER PLANNING

(a)  The state shall conduct a comprehensive statewide public engagement process on energy planning, focused on electric energy supply choices facing the state beginning in 2012.  The commissioner of public service and the joint energy committee shall develop and implement a public engagement process through a request for proposal (RFP) process that meets the following requirements:

(1)  to provide a strong information dissemination component, in order to develop a shared foundation of credible information that may serve as a basis for engaging in a meaningful dialogue;

(2)  to be conducted in a manner that recognizes that potential choices for Vermont’s electric energy supply may be precluded by the passage of time;

(3)  to engage a broad base of Vermonters, including those who are currently engaged in energy issues as well as those who have not yet been engaged;

(4)  to reach throughout the state, as all Vermonters are stakeholders in this issue; and to establish a model for educating the public about the electric energy supply challenges facing the state.

(b)  Consistent with subsection (a) of this section, the commissioner of public service shall take into consideration engaging communities to promote sound energy operations and responsible community actions; and to do so early enough to enable citizens to participate in developing solutions, including:

(1)  Hearing and responding to general concerns from the communities, and, when particular controversies exist, to provide a process for deeper consideration of the issues involved.

(2)  Providing opportunities in which future contingencies are discussed in detail which includes education, discussion of what communities can do, opportunities to hear public reaction, and opportunities to develop broad community support for particular courses of action.

(3)  Helping communities identify local and regional energy opportunities, such as combined heat and power sites, and energy efficiency opportunities that will fit into the community, and to assist communities interested in developing community energy plans or community climate change action plans, as well as those communities that are facing major capital energy projects.

(c)  By November 15, 2007, the commissioner of public service and the joint energy committee shall submit a report to the legislative committees on natural resources and energy, on commerce, and on finance describing the progress of the public education and engagement process.

* * * Enforcement of Commercial Building Energy Standards (CBES) * * *

Sec. 3.  4 V.S.A. § 437 is amended to read:

§ 437.  CIVIL JURISDICTION OF DISTRICT COURT

The district court shall have jurisdiction of the following actions:

(1)  Appeals of final decisions of the judicial bureau.

* * *

(13)  Proceedings to enforce 21 V.S.A. § 268, relating to commercial building energy standards.

* * * Regulation of Dams * * *

Sec. 4.  10 V.S.A. § 1086 is amended to read:

§ 1086.  DETERMINATION OF PUBLIC GOOD; CERTIFICATES

(a)  “Public good” means the greatest benefit of the people of the state.  In determining whether the public good is served, the state agency having jurisdiction shall give due consideration, among other things, to the effect the proposed project will have on:

(1)  the quantity, kind, and extent of cultivated agricultural land that may be rendered unfit for use by or enhanced by the project, including both the immediate and long range agricultural land use impacts;

(2)  scenic and recreational values;

(3)  fish and wildlife;

(4)  forests and forest programs;

(5)  the need for a minimum water discharge flow rate schedule to protect the natural rate of flow and the water quality of the affected waters;

(6)  the existing uses of the waters by the public for boating, fishing, swimming, and other recreational uses;

(7)  the creation of any hazard to navigation, fishing, swimming, or other public uses;

(8)  the need for cutting clean and removal of all timber or tree growth from all or part of the flowage area;

(9)  the creation of any public benefits;

(10)  the classification, if any, of the affected waters under chapter 47 of this title;

(11)  any applicable state, regional or municipal plans;

(12)  municipal grand lists and revenues; and

(13)  public safety; and

(14)  in the case of proposed removal of a dam that formerly related to or was incident to the generation of electric energy, but which was not subject to a memorandum of understanding dated prior to January 1, 2006 relating to its removal, the potential for and value of future power production.

(b)  If the state agency having jurisdiction finds that the proposed project will serve the public good, and, in case of any waters designated by the board as outstanding resource waters, will preserve or enhance the values and activities sought to be protected by designation, the agency shall issue its order approving the application.  The order shall include conditions for minimum stream flow to protect fish and instream aquatic life, as determined by the agency of natural resources, and such other conditions as the agency having jurisdiction considers necessary to protect any element of the public good listed above.  Otherwise it shall issue its order disapproving the application.

(c)  The agency shall provide the applicant and interested parties with copies of its order.

(d)  In the case of a proposed removal of a dam that is under the jurisdiction of the department and that formerly related to or was incident to the generation of electric energy but that was not subject to a memorandum of understanding dated before January 1, 2006 relating to its removal, the department shall consult with the department of public service regarding the potential for and value of future power production at the site.

* * * Clean Energy Development Fund * * *

Sec. 5.  10 V.S.A. § 6523 is amended to read:

§ 6523.  VERMONT CLEAN ENERGY DEVELOPMENT FUND

(a)  Creation of fund.

(1)  There is established the Vermont clean energy development fund to consist of:

* * *

(d)  Expenditures authorized.

* * *

(4)  Projects for funding may include the following:

(A)  projects that will sell power in commercial quantities;

(B)  among those projects that will sell power in commercial quantities, funding priority will be given to those projects that commit to sell power to Vermont utilities on favorable terms;

(C)  projects to benefit publicly owned or leased buildings;

(D)  renewable energy projects on farms, which may include any or all costs incurred to upgrade to a three-phase line to serve a system on a farm;

(E)  small scale renewable energy in Vermont residences and businesses; and

(F)  projects under the agricultural economic development special account established under 6 V.S.A. § 4710(g) to harvest biomass, convert biomass to energy, or produce biofuel; and

(G)  effective projects that are not likely to be established in the absence of funding under the program.

* * * Building Standards * * *

Sec. 6.  21 V.S.A. chapter 3, subchapter 9 is redesignated to read:

Subchapter 9.  Residential Building Energy Standards

Sec. 7.  21 V.S.A. § 266(c) is amended to read:

(c)  Revision and interpretation of energy standards.  On or about January 1, 1999, and at least every three years thereafter, the commissioner of labor and industry public service shall amend and update the RBES, by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25.  The department of public service shall provide technical assistance and expert advice to the commissioner in the interpretation of the RBES and in the formulation of specific proposals for amending the RBES.  At least a year prior to final adoption of each required revision of the RBES, the department of public service shall convene an advisory committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts.  The advisory committee may provide the commissioner with additional recommendations for revision of the RBES.

(1)  Any amendments to the RBES shall be:

(A)  Consistent with duly adopted state energy policy, as specified in 30 V.S.A. § 202a, and consistent with duly adopted state housing policy.

(B)  Evaluated relative to their technical applicability and reliability.

(C)  Cost-effective and affordable from the consumer’s perspective.

* * *

(6)  The advisory committee convened under this subsection, in preparing for the RBES update required on or about January 1, 1999, shall advise the department of public service and the commissioner of labor and industry public service with respect to the coordination of the RBES amendments with existing and proposed demand side management programs offered by utilities in the state.

* * *

Sec. 8.  21 V.S.A. § 268 is added to read:

§ 268.  COMMERCIAL BUILDING ENERGY STANDARDS

(a)  Definitions.  For purposes of this subchapter, “commercial buildings” means all buildings that are not residential buildings or farm structures as defined in 24 V.S.A. § 4413.

(1)  The following buildings, or portions of those buildings, separated from the remainder of the building by thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of the standards:

(A)  Those that do not contain conditioned space.

(B)  Those with a peak design rate of energy usage less than an amount specified in the commercial building energy standards (CBES).

(2)  These standards shall not apply to equipment or portions of building energy systems that use energy primarily to provide for industrial, manufacturing, or commercial processes.

(b)  Adoption of commercial building energy standards.  Commercial building construction with respect to which no state or local permit application has been submitted on or after January 1, 2007 shall be in compliance with the standards contained in the 2005 Vermont Guidelines for Energy Efficient Commercial Construction, as those standards may be amended by administrative rule adopted by the commissioner of public service.

(c)  Revision and interpretation of energy standards.  On or about January 1, 2009, and at least every three years thereafter, the commissioner of public service shall amend and update the CBES by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25.  At least a year prior to final adoption of each required revision of the CBES, the department of public service shall convene an advisory committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts.  The advisory committee may provide the commissioner of public service with additional recommendations for revision of the CBES.

(1)  Any amendments to the CBES shall be:

(A)  Consistent with duly adopted state energy policy, as specified in 30 V.S.A. § 202a.

(B)  Evaluated relative to their technical applicability and reliability.

(2)  Each time the CBES are amended by the commissioner of public service, the amended CBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption.  Persons submitting an application for any state or local permit authorizing commercial construction before the effective date of the amended CBES shall have the option of complying with the applicable provisions of the earlier or the amended CBES.  After the effective date of the original or the amended CBES, any person submitting an application for any state or local permit authorizing commercial construction in an area subject to the CBES shall comply with the most recent version of the CBES.

(3)  The advisory committee convened under this subsection, in preparing for the CBES updates, shall advise the department of public service with respect to the coordination of the CBES amendments with existing and proposed demand‑side management programs offered in the state.

(d)  Certification requirement.  Commercial buildings shall be certified as compliant with CBES in accordance with this subsection.  A certification may be issued by a builder, a licensed professional engineer, or a licensed architect.  If certification is not issued by a licensed professional engineer or a licensed architect, it shall be issued by the builder.  Any certification shall be accompanied by an affidavit and shall certify that the commercial construction meets the CBES.  The department of public service will develop and make available to the public a certificate that lists key features of the CBES.  Any person certifying shall use this certificate or one substantially like it to certify compliance with CBES.  Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas.  The certificate shall certify that the building has been constructed in compliance with the requirements of the CBES.  The person certifying under this subsection shall provide a copy of each certificate to the department of public service and shall assure that a certificate is recorded and indexed in the town land records.  A builder may contract with a licensed professional engineer or a licensed architect to issue certification and to indemnify the builder from any liability to the owner of the commercial construction caused by noncompliance with the CBES.

(e)  Violation of section.  Any person who falsely certifies under this section, or any builder who fails to certify under this section when required to do so, shall be subject to a civil penalty of not more than $250.00.  Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense.

(f)  Title validity not affected.  A defect in marketable title shall not be created by a failure to issue certification or a certificate, as required under subsection (d) of this section, or by a failure under that subsection to:  affix a certificate; provide a copy of a certificate to the department of public service; or record and index a certificate in the town records.

* * * Regional Planning Commission Powers * * *

Sec. 9.  24 V.S.A. § 4345 is amended to read:

§ 4345.  OPTIONAL POWERS AND DUTIES OF REGIONAL PLANNING COMMISSIONS

Any regional planning commission created under this chapter may:

(1)  Develop an inventory of the region’s fire and safety facilities; hospitals, rest homes, or other facilities for aging or disabled persons; correctional facilities; and emergency shelters; and work with regulated utilities, the department of public service, the department of public safety, potential developers of distributed power facilities, adjoining regional planning commissions, interested adjoining regional entities from adjoining states, and citizens of the region to propose and evaluate alternative sites for distributed power facilities that might provide uninterrupted renewable local or regional power at least for identified critical service providers in time of extended national, statewide, or regional power disruption or other emergency.

* * *

* * * Funding of Efficiency Utility * * *

Sec. 10.  30 V.S.A. § 209(d) is amended to read:

(d)(1)  The public service department, any entity appointed by the board under subdivision (2) of this subsection, all gas and electric utility companies, and the board upon its own motion, are encouraged to propose, develop, solicit, and monitor energy efficiency and conservation programs and measures, including appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable agency of natural resources’ air quality standards.  Such programs and measures, and their implementation, may be approved by the board if it determines they will be beneficial to the ratepayers of the companies after such notice and hearings as the board may require by order or by rule.

* * *

(4)  The charge established by the board pursuant to subdivision (3) of this subsection shall be in an amount determined by the board by rule or order that is consistent with the principles of least cost integrated planning as defined in section 218c of this title.  As circumstances and programs evolve, the amount of the charge shall be reviewed for unrealized energy efficiency potential and shall be adjusted as necessary in order to realize all reasonably available, cost-effective energy efficiency savings.  In setting the amount of the charge and its allocation, the board shall determine an appropriate balance among the following objectives:, provided, however, that particular emphasis shall be accorded to the first four of these objectives:  reducing the size of future power purchases; reducing the generation of greenhouse gases; limiting the need to upgrade the state’s transmission and distribution infrastructure; minimizing the costs of electricity; providing efficiency and conservation as a part of a comprehensive resource supply strategy; providing the opportunity for all Vermonters to participate in efficiency and conservation programs; and the value of targeting efficiency and conservation efforts to locations, markets or customers where they may provide the greatest value.  The board, by rule or order, shall establish a process by which a customer may apply to the board for an exemption from some or all of the charges assessed under this subdivision.  The board shall establish criteria by which these applications shall be measured.  Any such exemption shall extend for a period of time not to exceed one year.  In addition, the board may authorize exemptions only if, at a minimum, a customer demonstrates that, during the preceding year, it implemented an extraordinary amount of cost-effective energy efficiency at the customer’s own expense or incurred extraordinary costs on those measures and the customer did not and will not receive reimbursement for those measures from the entity designated by the board under this section.

* * * Rate Design * * *

Sec. 11.  30 V.S.A. § 218(b) is amended to read:

(b)  The department of public service shall propose, and the board through the establishment of rates of return, rates, tolls, charges, or schedules shall encourage the implementation by electric and gas utilities of energy-efficiency and load management measures which will be cost-effective for the utilities and their customers on a life cycle cost basis.  The board shall approve rate designs to encourage the efficient use of natural gas and electricity, including consideration of the creation of an inclining block rate structure for residential rate customers with an initial block of low‑cost power available to all residences.

* * * Net Metering * * *

Sec. 12.  30 V.S.A. § 219a is amended to read:

§ 219a.  SELF-GENERATION AND NET METERING

(a)  As used in this section:

* * *

(3)  “Net metering system” means a facility for generation of electricity that:

* * *

(E)  employs a renewable energy source and utilizes a photovoltaic array, wind turbine, fuel cell, biomass gasification and farm electrical generating technology as defined in subdivision 8002(2) of this title.

* * *

(4)  “Farm system” means a facility of no more than 150 kilowatts (AC) output capacity, except as provided in subdivision (k)(5) of this section, that generates electric energy on a farm operated by a person principally engaged in the business of farming, as that term is defined in Regulation 1.175-3 of the Internal Revenue Code of 1986, from the anaerobic digestion of agricultural products, byproducts, or wastes, or other renewable sources as defined in subdivision (3)(E) of this subsection, intended to offset the meters designated under subdivision (g)(1)(A) of this section on the farm or has entered into a contract as specified in subsection (k) of this section.

* * *

(c)  The board shall establish by rule or order standards and procedures governing application for, and issuance or revocation of a certificate of public good for net metering systems under the provisions of section 248 of this title. A net metering system shall be deemed to promote the public good of the state if it is in compliance with the criteria of this section, and board rules or orders. In developing such rules or orders, the board:

* * *

(3)  shall not require notification of abutting property owners whose closest property line is more than 1,000 feet from a farm system;

(4)  shall seek to simplify the application and review process as appropriate; and

(4)(5)  shall find that such rules are consistent with state power plans.

* * *

(e)  Consistent with the other provisions of this title, electric energy measurement for net metering systems using a single nondemand meter that are not farm systems shall be calculated in the following manner:

* * *

(3)  If electricity generated by the customer exceeds the electricity supplied by the electric company:

* * *

(C)  At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year Any accumulated kilowatt-hour credits shall be used within 12 months, or shall revert to the electric company, without any compensation to the customer.  Power reverting to the electric company under this subdivision (3) shall be considered SPEED resources under section 8005 of this title.

* * *

(f)  Consistent with the other provisions of this title, electric energy measurement for net metering farm systems shall be calculated in the following manner:

* * *

(3)  If electricity generated by the farm system exceeds the electricity supplied by the electric company:

* * *

(C)  Any accumulated kilowatt-hour credits shall be used within 12 months or shall revert to the electric company without any compensation to the farm system.  Power reverting to the electric company under this subdivision (3) shall be considered SPEED resources under section 8005 of this title.

* * *

(h)(1)  An electric company:

(A)  Shall make net metering available to any customer using a net metering system or farm system on a first-come, first-served basis until the cumulative generating output capacity of net metering systems equals 1.0 percent of the distribution company’s peak demand during 1996; or the peak demand during the most recent full calendar year, whichever is less; provided, however, an electric company and a farm system may jointly petition the board to exceed this capacity greater.  The board may raise the 1.0 percent cap.  In determining whether to exceed raise the cap, the board shall consider the following:

* * *

(E)  May charge reasonable fees for interconnection, establishment, special metering, meter reading, accounting, account correcting, and account maintenance of farm system net metering arrangements of greater than 15 kilowatt (AC) capacity;

* * *

(H)  May book and defer, with carrying costs, additional incremental costs, to the extent that such costs are not recovered through charges, authorized in subdivisions (D), (E), and (F) of this subdivision (1), directly related to implementing farm system net metering of greater than 15 kilowatt (AC) capacity;

* * *

(k)  Notwithstanding the provisions of subsections (f) and (g) of this section, an electric company may contract to purchase all or a portion of the output products from a farm system, provided:

* * *

(4)  any contract may permit all or a portion of the tradeable renewable energy credits for which the farm system is eligible to be transferred to the electric company;

(5)  the output capacity of a system may exceed 150 kilowatts, provided:

(A)  the contract assigns the amount of power to be net metered;

(B)  the net metered amount does not exceed 150 kilowatts; and

(C)  only the amount assigned to net metering is assessed to the cap provided in subdivision (h)(1)(A) of this section.

Sec. 13.  30 V.S.A. § 219b is added to read:

§ 219b.  NET METERING PROGRAM EXPANSION

(a)  The public service board shall expand the scope of the net metering program established in section 219a of this title, by rule or order, in accordance with the provisions of this section.  As part of this expansion, the board shall consider:

(1)  expanding the maximum kilowatt (AC) capacity of facilities that may participate in the program;

(2)  allowing group net meter systems and defining membership in the group, which may be limited to, but need not be limited to, groups that consist of:

(A)  physically contiguous customers; and

(B)  a municipal customer for municipal and school uses, regardless of whether those uses are contiguous;

(3)  providing compensation to the customer for any remaining unused kilowatt-hour credit accumulated during the previous 12 months;

(4)  developing a system that allows the capture and sale of renewable energy credits (RECs) from net metering, including consideration of the need for electric companies to meet their infrastructure costs and the need to provide net metered energy producers with sufficient incentives to encourage substantial development of net metered sources of electricity; and

(5)  allowing net metering systems to be considered SPEED resources.

(b)  Among the factors the board shall consider in performing its functions under this section shall be the following:  potential short- and long-term impacts on rates, distribution system costs and benefits, and reliability and diversification costs and benefits.

* * * PSB Reports * * *

Sec. 14.  30 V.S.A. § 8004(f) is amended to read:

(f)  Before December 30, 2007 and again before December 30, 2009 biennially thereafter through December 30, 2013, the public service board shall file a report with the senate committees on finance and on natural resources and energy and the house committees on commerce and on natural resources and energy.  The report shall include the following:

(1)  the total cumulative load growth in electric energy usage in Vermont from 2005 through the end of the year that precedes the date on which the report is due;

* * *

(7)  an assessment of the energy efficiency and renewable energy markets and recommendations to the legislature regarding strategies that may be necessary to encourage the use of these resources to help meet upcoming supply requirements; and

(8)  any recommendations for statutory change related to this section, including recommendations for rewarding utilities that make substantial investments in SPEED resources; and

(9)  the board’s recommendations on how the state might best continue to meet the goals established in section 8001 of this title, including whether the state should meet its growth in energy usage over the succeeding 10 years by a continuation of the SPEED program.

* * * SPEED Program * * *

Sec. 15.  30 V.S.A. § 8005 is amended to read:

§ 8005.  SUSTAINABLY PRICED ENERGY ENTERPRISE DEVELOPMENT (SPEED) PROGRAM

* * *

(b)  The SPEED program shall be established, after notice and hearing by rule, order, or contract, by the public service board by January 1, 2007.  As part of the SPEED program, the public service board may:

* * *

(7)  establish a method for Vermont retail electrical providers to obtain beneficial ownership of the renewable energy credits associated with any SPEED projects, in the event that a renewable portfolio standard is in comes into effect under the provisions of section 8004 of this title;

* * *

(d)(1)  The public service board shall meet on or before January 1, 2012, open a proceeding, and issue findings determining the amount of qualifying SPEED resources that have come into service or are projected to come into service during the period of time between January 1, 2005 and January 1, 2013.  If the board finds that the amount of qualifying SPEED resources coming into service during that time exceeds total statewide growth in demand electric energy usage during the period of time between January 1, 2005 and January 1, 2012, or if it finds that the amount of qualifying SPEED resources exceeds 10 percent of total statewide load electric energy usage for calendar year 2005, the portfolio standards established under this chapter shall not be in force.  The board shall make its determination by July 1, 2012.  If the board finds that the goal established has not been met, one year after the board’s determination the portfolio standards established under subsection 8004(b) of this title shall take effect.

* * *

(e)  By no later than September 1, 2006, the public service board shall provide, by order or rule, the regulations and procedures that are necessary to allow the public service board and the department of public service to implement, and to supervise further the implementation and maintenance of the SPEED program.  These rules shall assure that decisions with respect to certificate of public good applications for SPEED resources shall be made in a timely manner.

(f)  In order to encourage joint efforts on the part of regulated companies to purchase power that meets or exceeds the SPEED standards and to secure stable, long‑term contracts beneficial to Vermonters, the board may establish standards for pre-approving the recovery of costs incurred on a SPEED project that is the subject of that joint effort.

* * * Notice to Efficiency Utility * * *

Sec. 16.  33 V.S.A. § 2608 is amended to read:

§ 2608.  WEATHERIZATION PROGRAM AGREEMENTS

The director of the home energy assistance program shall inform the administrator of the home weatherization assistance program, established under chapter 25 of this title, and the efficiency utility established under 30 V.S.A. § 209 of all applicants for and participants in the home heating fuel assistance program.  All participants in the home heating fuel assistance program shall be deemed to comply with any income requirements of the home weatherization program, but to receive weatherization services recipients shall be required to meet any other eligibility requirements of the weatherization program.  As a condition of receipt of benefits under the home heating fuel assistance program, a recipient shall consent to receive services of the home weatherization assistance program. The home weatherization assistance program shall give priority to providing services to participants with high energy consumption.

* * * Amendment of Residential Building Energy Standards (RBES) * * *

Sec. 17.  AMENDMENT TO THE VERMONT RESIDENTIAL BUILDING ENERGY STANDARD

(a)  Section 401 of the Vermont Residential Building Energy Standard is amended to read:

401.1  Home energy rating.  A home energy rating, from a Vermont-accredited home energy rating organization, that is determined to indicate thermal energy performance equivalent to the RBES, shall be an acceptable means of demonstrating compliance with the RBES.  A home energy rating point equivalent of 82 85 points for single or multiple family homes, or 80 95 points for log homes, on the point scale established by the Vermont Home Energy Rating Technical Guidelines adopted by the Vermont DPS on May 22, 2003, shall be deemed to indicate energy performance equivalent to the RBES.

(b)  The amendment to the standard made by this section may be further amended by administrative rule adopted by the commissioner of public service pursuant to 21 V.S.A. § 266(c).

* * * Efficiency Utility Study * * *

Sec. 18.  EFFICIENCY UTILITY STUDY

The department of public service is directed to conduct a study that analyzes the related costs and benefits of establishing a coordinated and comprehensive program to maximize cost‑effective energy efficiency in all buildings, regardless of a particular building’s source of fuel and regardless of the income of the building owner.  The study should specifically consider various program options to reduce consumption of oil, kerosene, propane, and other fuels not provided by utilities under the jurisdiction of 30 V.S.A. § 209.  The results of the study shall be provided to the general assembly by January 15, 2007.

Sec. 19.  APPROPRIATIONS

There is appropriated $50,000.00 from the general fund during fiscal year 2007 to the department of public service for the public engagement process established under this act.

Sec. 20.  REPEAL

Subsection (b) of Sec. 13 of No. 61 of the Acts of 2005 (biennial report on meeting goals and on future of SPEED) is repealed.

(Committee vote: 6-0-0)

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

     The Committee recommends that the Senate propose to the House to amend the bill as recommended by the Committee on Natural Resources and Energy and that the bill be further amended as follows:

First: In Sec. 5, 10 V.S.A. § 6523, by adding a new subsection (e) to read:

(e)  Management of fund. 

(1)(A)  There is created the clean energy development fund advisory committee, which shall consist of the commissioner of public service or a designee, one member of the joint energy committee designated by the speaker of the house, one member of the joint energy committee appointed by the committee on committees, and two other members with expertise in renewable energy matters appointed jointly by the first three members.

(B) There is created the clean energy development fund investment committee, which shall consist of the commissioner of public service or a designee, together with two other persons named jointly by the commissioner and the two legislative members of the advisory committee.

(2) The commissioner of public service shall:

(A) by no later than September 30, 2006, develop proposed program designs to facilitate clean energy market and project development (including use of financial assistance, investments, competitive solicitations, technical assistance, and other incentive programs and strategies) and shall submit them to the clean energy development fund advisory committee for approval;

(B) adopt a five year strategic plan, an annual program plan for the clean energy development fund, and an annual operating budget, all of which shall be developed with input from a public stakeholder process, and shall be submitted to the clean energy development fund advisory committee for approval;

(C) adopt rules by no later than July 1, 2007 to carry out the program approved under this subdivision;

(D) explore pursuing joint investments in clean energy projects with other state funds and private investors to increase the effectiveness of the clean energy development fund;

(E) acting jointly with the other members of the investment committee, make decisions with respect to specific grants and investments, after the program designs have been approved by the clean energy advisory committee.  This subdivision (E) shall be repealed upon the effective date of rules adopted under subdivision (2)(C) of this subsection.

(3)  During fiscal years after FY 2006, up to five percent of amounts appropriated to the public service department from the fund may be used for administrative costs related to the clean energy development fund.

Second: In Sec. 9, 24 V.S.A. § 4345(1), after the word “uninterrupted” by striking out the word: renewable

Third: after Sec. 10, by adding a new section 10a to read:

Sec. 10a. 30 V.S.A. § 209c is added to read:

§ 209c. ELECTRICITY AFFORDABILITY PROGRAM

(a)  The board of public service shall design a proposed electricity affordability program in the form of draft legislation.  The program shall be developed with the aid of an electricity affordability program collaborative.  The collaborative, composed of representatives from the electric utilities, residential customers, consumer representatives, low-income program representatives, elderly program representatives, the department of public service, the department of human services, and other stakeholders identified by the board, shall aid in the development of an electricity affordability program, as well as requirements for the implementation and funding of the program.  The proposed electricity affordability program will be presented to the Vermont General Assembly in the form of draft legislation for consideration in January 2007.

(b)  The proposed electricity affordability program shall provide assistance in the payment of electricity bills for eligible low income residential customers served by electric companies subject to the jurisdiction of the board.

(c)  In developing the electricity affordability program, the board shall review the successes and administrative burdens of similar programs in operation in other states and consider the following goals, which shall be afforded equal weight in formulating the program:

(1) The need to provide payment assistance to low-income customers at and below 150% of the Federal Poverty Level;

(2) The need for automatic screening and enrollment methods of eligible customers by mean of information obtained from existing means-tested financial assistance programs administered by other Vermont agencies such as food stamps, Medicaid, LIHEAP or TANF; and

(3) The need to design a program that is funded by all customer classes in an equitable and reasonable manner and that results in the reimbursement of net incremental costs incurred by electric utilities to implement the program, taking into consideration the benefits as well as the costs.   

Fourth:  In Sec. 12, 30 V.S.A. § 219a(c), by striking out subdivisions (3) through (5) from the bill

Fifth: In Sec. 13, 30 V.S.A. § 219b, by adding a new subsection to read:

(c)  Before December 15, 2006 the public service board shall file a report with the senate committees on finance and on natural resources and energy and the house committees on commerce and on natural resources and energy regarding the expansion of net metering.

Sixth:  In Sec. 16, 33 V.S.A. § 2608, before the period at the end of the first sentence, by adding the following: “; provided that an applicant’s name may be provided only with the applicant’s consent

Seventh: by striking out Sec. 19 and inserting the following:

Sec.19. APPROPRIATION, EFFECTIVE DATE, AND IMPLEMENTATION

(a) There is appropriated $50,000.00 from the general fund during fiscal year 2007 to the department of public service for the public engagement process established under this act.

(b)  The sum of $3,400,000.00 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for purposes established under this act section.

(c)  Sec. 5 (amending clean energy development fund) and this section shall take effect upon passage.

(d)  First grants from the clean energy development fund shall be awarded on December 15, 2006.

(Committee vote: 5-0-2)

Reported favorably by Senator Snelling for the Committee on Appropriations.

(Committee vote: 5-0-2)

(For House amendments, see House Journal for February 23, 2006, page 460; February 24, 2006, page 463.)

PROPOSAL OF AMENDMENT TO H. 859 TO BE OFFERED BY SENATOR CUMMINGS

Senator Cummings moves that the Senate propose to the House to amend the bill as follows:

First:  By striking out Sec. 5, and by inserting in lieu thereof the following:

Sec. 5.  10 V.S.A. § 6523 is amended to read:

§ 6523.  VERMONT CLEAN ENERGY DEVELOPMENT FUND

(a)  Creation of fund.

(1)  There is established the Vermont clean energy development fund to consist of:

* * *

(d)  Expenditures authorized.

     (1) This fund shall be administered by the department of public service to facilitate the development and implementation of clean energy resources. The fund shall not be used to meet costs of administration.

* * *

(4)  Projects for funding may include the following:

(A)  projects that will sell power in commercial quantities;

(B)  among those projects that will sell power in commercial quantities, funding priority will be given to those projects that commit to sell power to Vermont utilities on favorable terms;

(C)  projects to benefit publicly owned or leased buildings;

(D)  renewable energy projects on farms, which may include any or all costs incurred to upgrade to a three-phase line to serve a system on a farm;

(E)  small scale renewable energy in Vermont residences and businesses; and

(F)  projects under the agricultural economic development special account established under 6 V.S.A. § 4710(g) to harvest biomass, convert biomass to energy, or produce biofuel; and

(G)  effective projects that are not likely to be established in the absence of funding under the program.

Second:  By striking out Section 19 and inserting in lieu thereof the following:

Sec.19. APPROPRIATION, EFFECTIVE DATE, AND IMPLEMENTATION

 (a)  The sum of $4,800,000.00 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for purposes established under this act section.

(b)  Sec. 5 (amending clean energy development fund) and this section shall take effect upon passage.

(c)  With the approval of the joint fiscal committee the public service department may grant up to $1,300,000 in awards from the clean energy development fund prior to December 1, 2006.

(d) Of the monies appropriated for program administration in accordance with 10 V.S.A. §6523 (e) (3), $50,000.00 shall be used by the department of public service for the public engagement process established under this act.

H. 880

An act relating to education finance simplification.

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

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

First:  By striking out Sec. 9 ($6000.00 cap on property tax adjustments) and inserting in lieu thereof a new Sec. 9 to read:

Sec. 9.  TAX DEPARTMENT ANALYSIS OF LARGE PROPERTY TAX ADJUSTMENT CLAIMS

     The commissioner of taxes shall review each property tax adjustment claim filed in 2006 which results in a total adjustment in excess of $6000.00, and shall report to the general assembly by January 15, 2007, the number of those claims which the department determines did not comply with the statutory provisions and the corrective actions initiated by the department to ensure compliance; and of those which did comply, which claims raise questions as to manipulation of household income for purposes of claiming the adjustment, which claims raise questions of additional sources of income not required to be included in household income, and which claims raise other questions as to whether the claimant is entitled to the adjustment under the law.  To the extent possible, within the confines of the department’s confidentiality law, the commissioner shall in his report describe the basis for questions raised by the various adjustment claims and shall make recommendations for appropriate changes to the law to address claims which he believes to be questionable.  The commissioner shall in his report also recommend an asset test for payment of property tax adjustment claims in excess of a capped amount, and shall include a proposed list of assets to be included and excluded in making that determination.

Second:  In Sec. 13, in 32 V.S.A. § 6061(5)(C), by striking out the words “or payments made by the state or an agency designated in section 8907 of Title 18 for foster care or to a family of a juvenile, or for flexible family funding or difficulty of care payments” and inserting in lieu thereof the words “or the first $6,500.00 of  payments made by the state or an agency designated in section 8907 of Title 18 for foster care or to a family , flexible family funding or difficulty of care payments

Third:  By striking out Secs. 14 and 15, and inserting in lieu thereof new Secs. 14, 15 and 15a to read:  

Sec. 14.  AMENDMENT OF MODIFIED ADJUSTED GROSS INCOME

     (a)  For claims filed in 2005 and 2006, modified adjusted gross income as defined under 32 V.S.A. § 6061(5)(C) shall be calculated by excluding all foster care, flexible family funding and difficulty of care payments, without limitation.

(b)  Any tax assessments related to prebate or rebate claims filed in 2005 or 2006 and which are contrary to the amendment in subsection (a) of this section shall be abated.

(c)  Any person may file, on or before September 1, 2006, a late or amended property tax adjustment claim related to household income in 2004 or 2005 solely to reflect the amendment in subsection (a) of this section.

Sec. 15.  32 V.S.A. § 6061(16) is added to read:

     (16)  “Foster care” means care provided for a child or adult under a homesharing agreement between a home care provider and an agency designated by the department of disabilities, aging, and independent living, or by the department of health or by the state.

Sec. 15a.  18 V.S.A. § 7103(e) is amended to read:

(e) Mandatory disclosure to home providers.

* * *

(5) As used in this subsection:

(A) "Home care provider" means a person or entity paid by an agency designated by the department of disabilities, aging, and independent living or the department of health to provide developmental disability and mental health services, to provide foster care in his or her home.

* * *

               (D)  “Foster care” means care provided for a child or adult under a homesharing agreement between a home care provider and an agency designated by the department of disabilities, aging, and independent living, or by the department of health or by the state.

and in Sec. 17, Effective Dates, by inserting at the end of the section:

     (5)  Sec. 15 (definition of “foster care”) shall apply to claims filed in 2005 and after, including amended and late returns allowed under Sec. 14(c) of this act.

Fourth:  By adding Sec. 2a to read:

Sec. 2a.  32 V.S.A. § 6066(h) is added to read:

     (h)  State property tax reduction incentive.  An eligible claimant shall also be entitled to an additional property tax adjustment amount equal to one percent of the amount of income tax refund which the claimant elects to allocate to payment of homestead property tax under section 6068 of this title.

and in Sec. 3, on page 3, line 7, by striking “under subdivisions 6066(a)(1) and (2)(3)” and on lines 20 and 21, by striking “under subdivisions 6066(a)(1), (2) and (3)” and inserting in both places in lieu thereof “under section 6066 related to a homestead owned by the claimant”;

and on page 4, on line 14, after the words “of this title” by inserting “any additional adjustment amounts due the homestead owner under section 6066 of this title”;

and on page 5, in 32 V.S.A. § 6066a(f)(3), in the last sentence, by striking the words “No tax-reduction incentive for early payment of taxes shall apply” and inserting in lieu thereof “No municipal tax-reduction incentive for early payment of taxes shall apply

Fifth:  By striking out Sec. 7 and inserting in lieu thereof a new Sec. 7 to read:

Sec. 7.  32 V.S.A. § 6061(13) is amended  and (14) and (15) are added to read:

(13)  “Homestead” means a homestead as defined under subdivision 5401(7) , but not under subdivision 5401(7)(G), of this title and declared on or before July 15 September 1 in accordance with section 5410 of this title.

(14)  “Unadjusted property tax” means the amount of education and municipal property taxes on the homestead parcel before any reduction for a property tax payment under section 6066a of this chapter.

(15)  “Adjusted property tax” means the amount of education and municipal property taxes on the homestead parcel after reduction for any property tax payment under section 6066a of this chapter.

Sixth:  By adding Sec. 22 to read:

Sec. 22.  ADVISORY WORKING GROUP       

     There is established an Education Finance Advisory Working Group, to advise the Department of Taxes and town officials on issues related to implementation of this act.  The Working Group shall include an appointee from each of the following: the Commissioner of Taxes, Vermont League of Cities and Towns, Vermont Clerks and Treasurers Association, Vermont Association of Realtors, Vermont Tax Preparers Association, Vermont Society of CPAs; and an individual familiar with the NEMRC system, appointed by the commissioner of taxes; and one member of the House Committee on Ways and Means appointed by the Speaker of the House, and one member of the Senate Committee on Finance appointed by the committee on committees.  The Working Group shall be chaired by the Commissioner of Taxes and shall convene at his request, and shall provide assistance in implementation of this act, including planning for public education.  Public education shall include sufficient notice of the following:

(1)  Beginning in 2007, property tax adjustment amounts will no longer be paid in cash, but will instead be issued as credits against upcoming property taxes;

(2)  Income tax amounts due on an income tax return must be paid by the taxpayer, and will not be taken out of the property tax adjustment amount;

(3)  Taxpayers who are eligible for a 2006 prebate, and who are planning to wait until January 2007 to claim the amount as part of their 2007 rebate, should be encouraged to file for their 2006 prebate this year, which will still be paid in cash and can be used against 2006 property tax installments;

     (4)  In the sale of a homestead, the method for pro-rating unadjusted property taxes and otherwise accounting for property tax adjustments between the buyer and seller; and

     (5)  Such other information as the Working Group identifies as necessary for public education to simplify transition to the new system.

The Working Group shall report to the general assembly by January 15, 2007, any recommended technical changes or other amendments to the education property tax adjustment laws.  Members shall serve from the date of appointment through January 15, 2007, and members who are not state employees shall receive per diem payments and expenses in accordance with section 1010 of Title 32, and members who are members of the legislature shall be entitled to compensation for services and reimbursement for expenses as provided in section 406 of Title 2.  

Seventh: By striking out Sec. 21 (one-time school construction aid)

Eighth:  In Sec. 5, on page 6, by striking 32 V.S.A. § 6068(c), and inserting in lieu thereof a new subsection (c) to read:

     “(c)  No request for allocation of an income tax refund may be made after September 1

Ninth:  By adding Sec. 22 to read:

Sec. 22.  32 V.S.A. § 6064 is amended to read:

     The amount of any claim otherwise payable or refund property tax adjustment amount resulting under this chapter may be applied by the commissioner , beginning July 1 of the calendar year in which the claim is filed, against any state tax liability outstanding against the claimant.

(Committee vote: 4-1-2)

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

The Committee recommends that the Senate propose to the House to amend the bill as recommended by the Committee on Finance with the following amendment thereto:

In the Sixth Proposal of Amendment, in subsection (5), by striking the following: “and members who are not state employees shall receive per diem payments and expenses in accordance with section 1010 of Title 32,

(Committee vote: 5-0-2)

(For House amendments, see House Journal for March 23, 2006, page 738; March 24, 2006, page 749.)

PROPOSAL OF AMENDMENT TO H. 880 TO BE OFFERED BY SENATOR MAYNARD

     Senator Maynard moves that the Senate propose to the House to amend the bill as follows:

     First:  By striking Sec. 10 and adding a new Sec. 10 to read:

Sec. 10.  REPEAL

     32 V.S.A. § 5404a(b) (annual adjustment of the 2% applicable percentage) is repealed effective upon passage of this act.

     Second:  In Sec. 11 (FY 2007 reduction of applicable percentage) and in Sec.18 (FY 2007 reduction of applicable percentage), by striking OUT subsection (b) (reduction of applicable percentage)

     Third:  In Sec. 11 by striking out the following: “$0.98” and inserting in lieu thereof the following: $0.96 and by striking out the following: “$1.47” and inserting in lieu thereof the following: $1.45

     Fourth:  In Sec. 18 by striking out the following: “$0.95” and inserting in lieu thereof the following: $0.93 and by striking out the following: “$1.44” and inserting in lieu thereof the following: $1.42

PROPOSAL OF AMENDMENT TO H. 880 TO BE OFFERED BY SENATOR CUMMINGS

Senator Cummings moves that the Senate propose to the House to amend the proposal of amendment of the Committee on Finance as follows:

     First:  By adding a Tenth Amendment to read:

          Tenth:  By adding a new section to be numbered Sec. 13a to read as follows::

Sec. 13a.  18 V.S.A. § 8729 is amended to read:

§ 8729. FAMILY SUPPORT PAYMENTS: TAX EXEMPTION

Any payment to an eligible family for the support of a person with a developmental disability constitutes a state benefit, and shall not be deemed to be income for the purposes of state taxation or of determining eligibility for any income-related state benefits , but may be included in household income for purposes of chapter 154 of Title 32 as provided in section 6061 of that chapter.

     Second:  In the Fourth Amendment, in Sec. 2a, by striking out the following: “An eligible claimant shall also” and inserting in lieu thereof the following: A homestead owner shall

Committee Bill for Second Reading

S. 312

An act relating to higher education.

By the Committee on Education.

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

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  COMMITTEE ON POSTSECONDARY EDUCATION

(a)  The governor, the president pro tempore of the senate and the speaker of the house of representatives shall jointly appoint 12 people to a committee on postsecondary education.  Members shall serve without compensation, and the legislative council and the joint fiscal office shall provide staff services.

(b)  The committee shall develop a plan which will ensure that Vermonters have the opportunity to receive high quality postsecondary education and are encouraged to live, work, and raise families in Vermont upon completion of postsecondary training.  The plan shall seek to:

(1)  Integrate Vermont’s secondary and postsecondary workforce training programs with Vermont’s university and college system as well as secondary and postsecondary programs outside Vermont.   

(2)  Ensure that postsecondary education is affordable for all Vermonters through use of options such as loan repayments, loan forgiveness, tax credits, leveraging federal resources, and scholarships.

(3)  Use strategic investments to ensure the financial vitality of the Vermont state college system.

(4)  Address the potential for strategic investments in the University of Vermont to stimulate specific economic sectors which are particularly appropriate for or unique to Vermont such as environmental technology.

(c)  The plan shall include a funding level for implementation, shall identify a sustainable funding source, and shall include a system for overseeing use of the funds. 

(d)  On or before January 15, 2007, the committee shall present the plan to the general assembly.

Sec. 2.  16 V.S.A. § 2887 is added to read:

§ 2887.  VERMONT POSTSECONDARY EDUCATION FUND

(a)  A Vermont postsecondary education fund is established in the office of the state treasurer to be comprised of appropriations made by the general assembly and grants, donations, or contributions from any other sources.  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.

(b)  Annually, the general assembly shall appropriate moneys in the postsecondary education fund to support integration of Vermont’s secondary and postsecondary workforce training system with Vermont’s university and college system, to enable Vermonters to attend postsecondary education at an affordable cost to them, to ensure the financial viability of the Vermont state college system, and for strategic investments in the University of Vermont to stimulate specific economic sectors which are particularly appropriate for or unique to Vermont.

Sec. 3.  APPROPRIATION

The amount of $5,000,000.00 is appropriated from the fiscal year 2006 general fund surplus into the postsecondary education fund.  However, no moneys shall be withdrawn from the fund until a sustainable funding source is identified pursuant to Sec. 1 of this act and has been put in place by the general assembly.

(Committee vote: 6-0-1)

Joint Resolution for Action

J.R.S. 67

Joint resolution supporting the establishment of a Taiwan-United States free trade agreement.

(For text of Resolution, see Senate Journal for May 2, 2006, page 1172)


NOTICE CALENDAR

Favorable

H. 310

An act relating to employee ownership of businesses.

Reported favorably by Senator Dunne for the Committee on Economic Development, Housing and General Affairs.

(Committee vote: 4-0-2)

Reported favorably by Senator Dunne for the Committee on Appropriations.

(Committee vote: 5-0-2)

(For House amendments, see House Journal for March 30, 2006, page 789)

Favorable with Proposal of Amendment

H. 28

An act relating to establishing guidelines for the use of outdoor lighting.

Reported favorably by Senator Snelling for the Committee on Natural Resources and Energy.

(Committee vote: 6-0-0)

Reported favorably with recommendation of proposal of amendment by Senator Scott for the Committee on Institutions.

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

First:  In Sec. 1, § 591(c), in the first sentence, by striking out the following:  “15-member” and inserting in lieu thereof the following:  20-member

Second:  In Sec. 1, § 591(c), in the first sentence, before the phrase:  “and one landscape architect recommended by the Vermont Association of Landscape Architects” by inserting the following:  a representative of the agency of transportation recommended by the secretary of the agency; a representative of the department of buildings and general services recommended by the commissioner of the department; a representative of the Center for Crime Victims Services (CCVC) recommended by the CCVC; a representative of the Vermont Farm Bureau (VFB) recommended by the VFB; a representative of the Vermont Agricultural Fairs Association (VAFA) recommended by the VAFA;  

Third:  In Sec. 1, § 591(c), in the last sentence, by striking out the date “June 30, 2006” and inserting in lieu thereof the date June 30, 2007 and after the last sentence by adding a new sentence to read: At its first meeting, the advisory board shall select one of its members to serve as chair.

Fourth:  In Sec. 1, § 591(d), in the first sentence, by striking out the date “June 30, 2006” and inserting in lieu thereof the date June 30, 2007

Fifth:  In Sec. 1, by striking out subsections (f), (g), and (h) in their entirety

Sixth:  By striking out Secs. 2, 3, and 4 in their entirety

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for April 12, 2005, page 635; April 13, 2005, page 647).

H. 690

An act relating to the identification, documentation, and advancement of the creative sector of the state’s economy.

Reported favorably with recommendation of proposal of amendment by Senator Miller for the Committee on Economic Development, Housing and General Affairs.

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

Sec. 1.  Legislative Findings and Intent

(a)  The general assembly finds that the heritage, art, culture, innovation, and inventiveness of the people of Vermont are central to the fabric of each Vermont community, and, that collectively, they form the “creative economy” of the state, an economic sector that inspires innovation, creates jobs, and produces revenue throughout the state.

(b)  It is therefore the intent of the general assembly by this act to identify and document Vermont’s creative economy in order to engage and build the capacity of its cultural resources to reenergize communities, revitalize downtowns, and reactivate economic development that builds on heritage, preservation, creativity, innovation, and the entrepreneurial spirit.

Sec. 2.  IDENTIFICATION AND DOCUMENTATION OF THE CREATIVE ECONOMY SECTOR

(a)  The joint fiscal office, with the assistance of the legislative council, shall undertake an analysis of the creative economy sector concept as it applies to Vermont.  The analysis shall include:

(1)  A discussion and development of working definitions of creative economy in the state, identifying and aggregating the creative, artistic, inventive, and cultural enterprises, and other sectors that specialize in the creation of intellectual property such as media design, sustainable technologies, value-added manufacturing, natural resources industries, and environmental technologies that comprise the state’s creative economy.

(2)  A review of possible measures or indicators of economic benefits, costs, and contributions to the state from the creative economy sector.

(3)  A survey of initiatives that have been adopted in other jurisdictions to promote creative economy endeavors.

(b)  As part of the study, the fiscal office shall invite input from the agency of commerce and community development, the University of Vermont, the Vermont council on the arts, representatives of environmental consortiums, sustainable jobs initiatives, and others interested in creative economy initiatives.

(c)  The joint fiscal office and legislative council shall report to the house committee on commerce, the house committee on ways and means, the senate committee on economic development, housing and general affairs, and the senate committee on finance on or before January 15, 2007.

(d)  For the purposes of this study, in fiscal year 2007, there is appropriated the amount of $25,000.00 from the general fund to the joint fiscal office.  The funds appropriated may be expended to encourage contributions and leverage resources from private and nonprofit entities and to retain consulting services.

(Committee Vote: 4-0-2)

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

The Committee recommends that the Senate propose to the House to amend the bill as recommended by the Committee on Economic Development, Housing and General Affairs with the following amendments thereto:

First:  In Sec. 2, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a)  The Vermont Economic Progress Council (VEPC) in consultation with the joint fiscal office, and legislative council, shall undertake an analysis of the creative economy sector concept as it applies to Vermont.  The analysis shall include:

Second:  In Sec. 2, subsection (b) by striking out the following: “the fiscal office” and inserting in lieu thereof the following:  VEPC

Third:  In Sec. 2, subsection (c) by striking out the following: “The joint fiscal office and legislative council” and inserting in lieu thereof the following:  VEPC

Fourth:  In Sec. 2, by striking out subsection (d) in its entirety.

(Committee Vote: 4-0-3)

(For House amendments, see House Journal for March 17, 2006, page 701.)

H. 865

An act relating to discrimination.

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

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

First:  By striking out Sec. 1 of the bill in its entirety and renumbering the remaining sections

Second:  By striking out the new Sec. 1 and inserting in lieu thereof the following:

Sec. 1.  1 V.S.A. § 144 is added to read:

§ 144.  GENDER IDENTITY OR EXPRESSION

The term “gender identity or expression” means an individual’s actual or perceived gender-related identity, appearance, expression, or behavior, regardless of the individual’s assigned sex at birth.

Third:  In the new Sec. 14, by striking out subsection (a) in its entirety and inserting in lieu thereof:

(a)  An owner or operator of a place of public accommodation or an agent or employee of such owner or operator shall not, because of the race, creed, color, national origin, marital status, sex or, sexual orientation, or gender identity or expression of any person,:

(1)  refuse, withhold from, or deny to that person any of the accommodations, advantages, facilities, and privileges of the place of public accommodation; or

(2)  make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the advantages, facilities, and privileges of the place of public accommodation, that indicates any preference, limitation, or discrimination.

Fourth:  In Sec. 19, 21 V.S.A. § 495, by amending subsection (e) and adding subsection (g) as follows:

(e)  The provisions of this section prohibiting discrimination on the basis of sexual orientation and gender identity or expression shall not be construed to prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to persons of the same religion or denomination or from taking any action with respect to matters of employment which is calculated by the organization to promote the religious principles for which it is established or maintained.

* * *

(g)  Notwithstanding any provision of this subchapter, an employer shall retain the right to establish and enforce nondiscriminatory and reasonable dress codes appropriate to the workplace.

(Committee Vote: 4-2-1)

(For House amendments, see House Journal for March 1, 2006, page 505.)

PROPOSAL OF AMENDMENT TO H. 865 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves that the Senate propose to the House to amend the bill

In Sec. 14, by adding a new subsection (m) to read as follows:

(m)  Nothing in this section shall be construed to negate or limit a public accommodation from asserting an exemption from the requirements of this section with respect to gender identity or expression based upon protection regarding free exercise of religion as guaranteed in Chapter I, Article 3rd of the Vermont Constitution.

PROPOSAL OF AMENDMENT TO H. 865 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves that the Senate propose to the House to amend the bill by striking out Sec. 22 in its entirety and inserting in lieu thereof a new Sec. 22 to read as follows:

Sec. 22.  16 V.S.A. §565a is added to read:

§565a.  STUDENT HARASSMENT PREVENTION POLICIES

(a)  Notwithstanding 16 V.S.A. § 565(b), which requires each school board to adopt harassment prevention policies that are “at least as stringent as model policies developed by the commissioner,” school boards are not required to amend harassment prevention policies to reference the terms “gender expression” and “gender identity” until August 1, 2008. 

(b)  The commissioner of education shall revise the model policy on prevention of harassment of students to reference the terms “gender expression” and “gender identity” and to submit the revised model policy to the House and Senate Committees on Judiciary and on Education on or before January 15, 2007, for review and approval. The policy shall ensure that any person who is hired, designated or retained to provide harassment prevention training is on a list, approved by the executive director of the human rights commission and the commissioner of education. 

(c)  School districts may utilize consultants or trainers to provide programs to effectively inform students about the substance of the policy and procedures in order to help prevent harassment and hazing.  To be placed on the list, the consultants and trainers shall demonstrate training, experience and sensitivity in this subject area and shall agree to respect each student’s constitutional right of free expression during the presentation of any such program.  A person may be removed from the list in the sole discretion of the commissioner of education.

Committee Bill for Notice

S. 320

An act relating to an appropriations to the legislature.

By the Committee on Appropriations.

House Proposal of Amendment

S. 267

An act relating to placing a security freeze on a credit report.

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.  9 V.S.A. § 2480a is amended to read:

§ 2480a.  DEFINITIONS

For purposes of this subchapter:

* * *

(7)  “Security freeze” means a notice placed in a credit report, at the request of the consumer who is a victim of identity theft, pursuant to section 2480h of this title.

Sec. 2.  9 V.S.A. § 2480b is amended to read:

§ 2480b.  DISCLOSURES TO CONSUMERS

* * *

(c)  Any time a credit reporting agency is required to make a written disclosure to consumers pursuant to 15 U.S.C. § 1681g, it shall disclose, in at least 12 point type, and in bold type as indicated, the following notice:

* * *

(3)  If you believe a law regulating consumer credit reporting has been violated, you may file a complaint with the Vermont Attorney General’s Consumer Assistance Program, 104 Morrill Hall, University of Vermont, Burlington, Vermont 05405.

Vermont Consumers Who Are Victims of Identity Theft

Have the Right to Obtain a Security Freeze

You may obtain a security freeze on your credit report at no charge if you are a victim of identity theft and you submit a copy of a police report, investigative report or complaint you have filed with a law enforcement agency about unlawful use of your personal information by another person.  You have a right to place a “security freeze” on your credit report pursuant to 9 V.S.A. § 2480h at no charge if you are a victim of identity theft.  If you are not a victim of identity theft, it will cost you up to $10.00 to place the freeze on your credit report.  The security freeze will prohibit a credit reporting agency from releasing any information in your credit report without your express authorization.  A security freeze must be requested in writing by certified mail.

The security freeze is designed to help prevent credit, loans, and services from being approved in your name without your consent.  However, you should be aware that using a security freeze to take control over who gains access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, internet credit card transaction, or other services, including an extension of credit at point of sale.

When you place a security freeze on your credit report, within ten business days you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a specific party, parties or period of time after the freeze is in place.  To provide that authorization, you must contact the credit reporting agency and provide all of the following:

(1)  The unique personal identification number or password provided by the credit reporting agency.

(2)  Proper identification to verify your identity.

(3)  The proper information regarding the third party or parties who are to receive the credit report or the period of time for which the report shall be available to users of the credit report.

A credit reporting agency may charge up to $10.00 to remove the freeze on your credit report or authorize the release of your credit report for a specific party, parties, or period of time after the freeze is in place, except for victims of identity theft.  There is no charge if you are a victim of identity theft and you submit a copy of a police report, investigative report, or complaint you have filed with a law enforcement agency about unlawful use of your personal information by another person.

A credit reporting agency that receives a request from a consumer to lift temporarily a freeze on a credit report shall comply with the request no later than three business days after receiving the request.

A security freeze will not apply to “preauthorized approvals of credit.”  If you want to stop receiving preauthorized approvals of credit, you should call [INSERT PHONE NUMBERS] [ALSO INSERT ALL OTHER CONTACT INFORMATION FOR PRESCREENED OFFER OPT OUT.]

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account, provided you have previously given your consent to this use of your credit reports.  Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

You have a right to bring a civil action against someone who violates your rights under the credit reporting laws.  The action can be brought against a credit reporting agency or a user of your credit report.”

Sec. 3.  9 V.S.A. § 2480h(a) is amended to read:

(a)  A consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a credit reporting agency with a valid copy of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person.  Any other Vermont consumer may place a security freeze on his or her credit report.  A credit reporting agency shall not charge a fee to a victim of identity theft for placing, removing, or removing for a specific party or parties a security freeze on a credit report.  A credit reporting agency may charge up to $10.00 to place a security freeze on a credit report of any other consumer.  A consumer may place a security freeze on his or her credit report by making a request in writing by certified mail to a credit reporting agency.  A credit reporting agency may charge a consumer a fee of no more than $10.00 for removing permanently, removing for a period of time, or removing for a specific party or parties a security freeze on a credit report, except for a consumer who has been the victim of identity theft who may do so at no charge by making a request in writing by certified mail to a credit reporting agency with a valid copy of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person.  A security freeze shall prohibit, subject to the exceptions in subsection (l) of this section, the credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer.  When a security freeze is in place, information from a consumer’s credit report shall not be released to a third party without prior express authorization from the consumer.  This subsection does not prevent a credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report.

Sec. 4.  9 V.S.A. § 2480h(l)(10) is added to read:

(10)  Any property and casualty insurance company for use in setting or adjusting a rate or underwriting for property and casualty insurance purposes.

Sec. 5.  8 V.S.A. § 4704a is added to read:

§ 4704a. RERATING AFTER USE OF ERRONEOUS CREDIT INFORMATION

If it is determined through the reinvestigation process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that credit information relied upon by an insurer was incorrect, and if an insurer receives notice of that determination from either the consumer-reporting agency or from the insured who has provided written documentation from the consumer-reporting agency, such insurer shall reunderwrite and rerate the consumer within 30 days after receiving the notice.  After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines.  If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment.


House Proposal of Amendment

S. 285

An act relating to coverage of disabled adult children and college students on medical leave.

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

Sec. 1.  8 V.S.A. § 4089d is amended to read:

§ 4089d.  COVERAGE; DEPENDENT CHILDREN

(a)  Any As used in this section, “health insurance plan” shall mean any group or individual policy of health insurance or any subscriber contract of a, nonprofit hospital or medical service corporation, subscriber contract, health maintenance organization contract, self-insured group plan, and prepaid health insurance plans delivered, issued for delivery, renewed, replaced, or assumed by another insurer, or in any other way continued in force in this state which.

 (b)  A health insurance plan that provides that for terminating the coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy, shall not limit or restrict coverage with respect to an unmarried child who:

(1)  is incapable of self-sustaining employment by reason of mental retardation, cerebral palsy, epilepsy or physical handicap a mental or physical disability that has been found to be a disability that qualifies or would qualify the child for benefits using the definitions, standards, and methodology in 20 C.F.R. Part 404, Subpart P;

(2)  and who became so incapable prior to attainment of the limiting age;  and

(3)  who is chiefly dependent upon the employee or, member, subscriber, or policyholder for support and maintenance

(c)  Coverage under any policy or contract subject to subsection (b) of this section shall not be denied any person based upon the existence of such a condition; however an insurer a health insurance plan may require reasonable periodic proof of a continuing condition no more frequently than once every year.

(d)  A health insurance plan that covers dependent children who are full‑time college students beyond the age of 18 shall include coverage for a dependent’s medically necessary leave of absence from school for a period not to exceed 24 months or the date on which coverage would otherwise end pursuant to the terms and conditions of the policy or coverage, whichever comes first, except that coverage may continue under subsection (b) of this section as appropriate.  To establish entitlement to coverage under this subsection, documentation and certification by the student’s treating physician of the medical necessity of a leave of absence shall be submitted to the insurer or, for self-insured plans, the health plan administrator.  The health insurance plan may require reasonable periodic proof from the student’s treating physician that the leave of absence continues to be medically necessary.

Sec. 2.  STUDY ON CONTINUATION COVERAGE FOR YOUNG ADULT CHILDREN AND SPOUSES FOLLOWING DIVORCE OR  DISSOLUTION

(a)  A committee is established to study issues related to continuing health insurance eligibility for spouses following divorce or dissolution of a civil union and for young adult children.  

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

(1)  the commissioner of banking, insurance, securities, and health care administration or designee;

(2)  a Vermont attorney who practices family law appointed by the Vermont bar association; 

(3)  the state health care ombudsman;

(4)  the executive director of the Vermont commission on women or designee; and

(5)  an individual representing each of the following, to be appointed by the commissioner of banking, insurance, securities, and health care administration:

(A)  private health insurance companies insuring Vermonters;

(B)  Vermont employers; and

(C)  youth service organizations.

(c)  The committee shall study:

(1)  whether and how health insurance coverage should be provided to a former spouse or civil union partner under the insurance policy or health plan coverage under which he or she was covered before the divorce or civil union dissolution; and

(2)  whether and how health insurance coverage should be provided to a young adult child under the insurance policy or health plan coverage of his or her parent and under which he or she was covered before attaining the limiting age for dependent children specified in the policy.

(d)  The committee shall consider:

(1)  the number of potentially eligible young adults and former spouses and the need for coverage for these populations;

(2)  which insurance markets and state-regulated, self-insured health plans, if any, should be required to provide continued coverage;

(3)  whether such coverage should be provided in all plans, by option, by rider, or in some other manner;

(4)  standards for eligibility for and termination of such coverage;

(5)  any potential impact on employers;

(6)  any potential impact on the cost of coverage under the health insurance policy or health benefit plan;

(7)  privacy issues;

(8)  income tax issues; and

(9)  in relation to post-divorce and -dissolution coverage:

(A)  issues relating to family court actions; and

(B)  the impact of subsequent remarriage or civil union of either party.

(e)  The representative of the department of banking, insurance, securities, and health care administration shall serve as chair of the committee. 

(f)  The committee shall have the assistance and cooperation of the department of banking, insurance, securities, and health care administration, which shall provide professional and administrative support for the committee, the Vermont state employees’ association, and the department of human resources. 

(g)  The committee shall report its findings and recommendations, including proposals for legislative action, to the general assembly and the governor no later than January 15, 2007, whereupon it shall cease to exist.

House Proposal of Amendment to Senate Proposal of Amendment

H. 480

An act relating to precursor drugs of methamphetamine.

The House proposes to the Senate to amend the proposal of amendment as follows:

Sec. 2, § 4234b(a) of Title 18, by striking subdivision (2) in its entirety

and by renumbering the remaining subdivisions to be numerically correct


Report of Committee of Conference

H. 238

An act relating to minimum service retirement allowance for state employees and teachers.

To the Senate and House of Representatives:

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

H. 238.  An act relating to minimum service retirement allowance for state employees and teachers.

Respectfully report that they have met and considered the same and recommend that the recommend that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  3 V.S.A. § 459(f) is amended to read:

(f)  Beginning July 1, 1989, the normal retirement allowance for group A members shall be not less than the larger of $3,000.00 a year or 50 percent of his or her average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service.  Beginning March 1, 1998, the service retirement allowance shall be not less than the larger of $4,200.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service.  Beginning September 1, 2006, the service retirement allowance shall be not less than the larger of $6,600.00 per year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service.  Beginning September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.

Sec. 2.  3 V.S.A. § 477a(a) is amended to read:

(a)  Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the system, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, or VISTA for which the member has derived no military pension benefits, may elect to have included in the member’s creditable service all or any part of the member’s military, Cadet Nurse Corps, Peace Corps, or VISTA service not exceeding five years.  Any member who so elects shall deposit in the annuity savings fund by a single contribution the amount or amounts determined by the system’s actuary to be cost neutral to the system.  Notwithstanding the provisions of this subsection, any member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950 through January 31, 1955, February 28, 1961 through August 4, 1964 if service was performed in what is now the Republic of Vietnam, and August 5, 1964 through May 7, 1975 and shall not be required to make a contribution, provided the member has rendered 15 years of creditable service and, prior to becoming a member, served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits.  The provisions of this subsection shall also be available to state employees who are not members of the classified system and who elect to participate in the defined contribution retirement plan under chapter 16A of this title.  Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and state pensions, the provisions of the United States Code shall control.

Sec. 3.  3 V.S.A. § 479(c) is added to read:

(c)  After January 1, 2007, the state treasurer may offer and administer a dental benefit plan for retired members, beneficiaries, eligible dependents, and eligible retirees of special affiliated groups and the dependents of members of those groups who are eligible for coverage in the state employee group medical benefit plan.  The plan shall be separate and apart from any dental benefit plan offered to Vermont state employees.  The original plan of benefits, and any changes thereto, shall be determined by the state treasurer with due consideration of recommendations from the retired employees’ committee on insurance established in section 636 of this title.

(1)  For purposes of dental benefits, “retired members” shall include retired employees of the state who are receiving a retirement allowance from the Vermont state retirement system.  In addition, “retired members” shall include retired employees who are receiving a retirement allowance based upon their employment with the Vermont state employees’ association, the Vermont state employees’ credit union, and the Vermont council on the arts, as long as they were covered under a group dental plan as active employees on their retirement date, and:

(A)  they have at least 20 years’ service with that employer; or

(B)  have attained 62 years of age, and have at least 15 years’ service with that employer.

(2)  One hundred percent of the premiums for providing dental benefit coverage to retired members, beneficiaries, and eligible dependents shall be paid in full by retired members and beneficiaries and shall be deducted from each member’s retirement allowance each month.  Nothing in this subdivision creates a legal obligation on the part of the state to pay any portion of the premiums required to provide dental benefit coverage to retired members, dependents, beneficiaries, or other eligible participants.

(3)  Dependent eligibility shall be determined in the manner applied to determinations for coverage in the state employee medical benefit plan. 

(4)  Each retired member shall have a one-time option at the time of retirement to elect dental benefit plan coverage.  Once a retired member, beneficiary, or any other covered member of the dental benefit plan elects not to take coverage or drops coverage, he or she may not subsequently join the dental benefit plan.  Retired members and beneficiaries of members retired prior to December 31, 2006 shall have a one-time option to elect dental benefit plan coverage for themselves and their eligible dependents.  This election shall be made no later than December 31, 2006.

Sec 4.  3 V.S.A. § 500(f) is amended to read:

(f) Upon retirement, employees who elect to participate in the defined contribution retirement plan shall be entitled to the same life, dental and health insurance benefits available to members of the Vermont state retirement system.

Sec. 5.  3 V.S.A § 636(f) is added to read:

(f)  The committee shall recommend to the state treasurer the original plan of dental benefits for retired members and any subsequent changes to the plan.  The state treasurer shall be responsible for plan administration, including determining the plan administrator, determining plan benefits, determining eligibility, and setting premium rates.  The office of state treasurer shall be reimbursed from the premiums collected for the plan for any reasonable additional costs incurred for the administration and maintenance of the plan.

Sec. 6.  16 V.S.A. § 1937(b)(4) is amended to read:

(4)  Beginning July 1, 1989, the service retirement allowance shall be not less than the larger of $4,550.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service.  Beginning March 1, 1998, the service retirement allowance shall be not less than the larger of $6,600.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service.  For this purpose, any annuity derived from the member's contributions transferred from the existing system under section subsection 1934(c) of this title and from additional contributions made under section subdivisions 1944(b)(5) and (6) of this title shall not be included as part of the retirement allowance.  Beginning September 1, 2006, the service retirement allowance shall be not less than the larger of $9,000.00 per year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years but less than 30 years of creditable service.  Beginning September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.

Sec. 7.  16 V.S.A. § 1944(b)(8) is amended to read:

(8)  Any group A or group C member who has rendered 15 years of creditable teaching service and who has, prior to becoming a member of the system, served a minimum of one full year of full-time service in the military, one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, or VISTA for which the member has derived no military or other pension benefits, may elect to have included in the member’s creditable service all or any part of the member’s military or Cadet Nurse Corps or Peace Corps or VISTA service not exceeding five years.  Any group A member who elects credit under this subdivision shall deposit in the annuity savings fund by a single contribution an amount computed at regular interest to be sufficient to provide at age 60 an annuity equal to one-one hundred and twentieth of the member’s average final compensation multiplied by the number of years of he service rendered for which the member elects to receive credit.  Any group A member who elects credit for service in the Cadet Nurse Corps under this subdivision and any group C member who elects credit under this subdivision shall deposit in the annuity savings fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-2/3 percent of the member’s average final compensation multiplied by the number of years of the service for which the member elects to receive credit.  Notwithstanding the provisions of this subdivision, any group C member who was a group B member and any group A member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950 through January 31, 1955, February 28, 1961 through August 4, 1964 if service was performed while in what is now the Republic of Vietnam, and August 5, 1964 through May 7, 1975 and shall not be required to make a contribution, provided the member has rendered 15 years of creditable teaching service and prior to becoming a member served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits.  Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and state pensions, the provisions of the United States Code shall control.

Sec. 8.  MILITARY SERVICE CREDIT; ONE-TIME MILITARY STIPEND;

STATE EMPLOYEES; TEACHERS

(a)  A beneficiary of the Vermont state retirement system who retired prior to July 1, 2006 and who, prior to retirement, would have been otherwise eligible for credit for military service in what is now the Republic of Vietnam between February 28, 1961 through August 4, 1964, may apply to the retirement board for a one-time military stipend by December 31, 2006.  Upon a determination that the beneficiary was eligible prior to retirement for a grant of military service credit for service under this section, the beneficiary shall be entitled to a stipend of $500.00 for each year served, up to a maximum of  $1,500.00.  The stipend shall be pro-rated for partial years of service.

(b)  A beneficiary of the state teachers’ retirement system of Vermont who retired prior to July 1, 2006 and who, prior to retirement, would have been otherwise eligible for credit for military service in what is now the Republic of Vietnam between February 28, 1961 through August 4, 1964, may apply to the retirement board for a one-time military stipend by December 31, 2006.  Upon a determination that the beneficiary was eligible prior to retirement for a grant of military service credit for service under this section, the beneficiary shall be entitled to a stipend of $500.00 for each year served, up to a maximum of $1,500.00.  The stipend shall be pro-rated for partial years of service.

                                                                        Sen. James Condos

                                                                        Sen. William T. Doyle

                                                                        Sen. M. Jane Kitchel

                                                                 Committee on the part of the Senate

                                                                        Rep. Kenneth W. Atkins

                                                                        Rep. Stephen Dates

                                                                        Rep. Debbie G. Evans

                                                                 Committee on the part of the House

ORDERED TO LIE

S. 112

An act relating to the practice of optometry.

PENDING ACTION:  Second reading of the bill.

S. 157

An act relating to rulemaking for Vermont origin.

PENDING ACTION:  Second reading of the bill.

S. 315

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

Pending Action:  Second Reading of the bill.

S. 316

An act to accelerate access to broadband services throughout Vermont.

Pending Action:  Second Reading of the bill.

S. 319

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

Pending Action:  Second Reading of the bill.

CONFIRMATIONS

     The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate.  However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Arthur Sanborn of Kirby – Member of the Transportation Board (July 7, 2005-February 28, 2006) – By Sen. Mazza for the Committee on Transportation.  (4/27)

Arthur Sanborn of Kirby – Member of the Transportation Board (March 21, 2006-February 28, 2009) – By Sen. Mazza for the Committee on Transportation.  (4/28)

George Holland of Bradford – Member of the Natural Resources Board Land Use Panel – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Patricia Nowak of South Burlington – Member of the Natural Resources Board Land Use Panel – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

Alice Olenick of Waitsfield – Member of the Natural Resources Board Land Use Panel (February 1, 2005-January 31, 2006) – By Sen. Ayer for the Committee on Natural Resources and Energy.  (4/28)

Alice Olenick – of Waitsfield – Member of the Natural Resources Board Land Use Panel (February 13, 2006-January 31, 2008)  By Sen. Ayer for the Committee on Natural Resources and Energy.  (4/28)

Richard Pembroke of Bennington – Member of the Natural Resources Board Land Use Panel – By Sen. Bartlett for the Committee on Natural Resources and Energy.  (4/28)

Michael Hebert of Vernon – Member of the Natural Resources Board Water Resources Panel – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

Joan Nagy of Cambridge – Member of the Water Resources Board – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

Joan Nagy of Cambridge – Member of the Water Resources Board Water Resources Panel – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

John Nicholls of Barre – Member of the Natural Resources Board Water Resources Panel (February 1, 2005-January 31, 1006) – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

John Nicholls of Barre – Member of the Natural Resources Board Water Resources Panel (February 13, 2006-January 31, 2008) – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

W. William Martinez of Rutland – Member of the Natural Resources Board Water Resources Panel – By Sen. Ayer for the Committee on Natural Resources and Energy.  (4/28)

Karen Paul of Burlington – Member of the Environmental Board – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

Elizabeth A. Wilkel of Walden – Member of the Natural Resources Board – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Elizabeth A. Wilkel of Walden – Member of the Natural Resources Board Land Use Panel – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

John Merrill of Stowe – Member of the Natural Resources Board – By Sen. Bartlett for the Committee on Natural Resources and Energy.  (4/28)

A. Gregory Rainville of Swanton – Member of the Natural Resources Board – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

Jeremy R. Baker of Rutland – Member of the Fish and Wildlife Board – By Sen. Ayer for the Committee on Natural Resources and Energy.  (4/28)

Wayne C. Barrows of Hartland – Member of the Fish and Wildlife Board – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

Walter P. Driscoll of Island Pond – Member of the Fish and Wildlife Board (August 9, 2004-February 28, 2006) – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Walter P. Driscoll of Island Pond – Member of the Fish and Wildlife Board (March 1, 2006-February 28, 2012) – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Craig Lefevre of Morgan – Member of the Fish and Wildlife Board – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Claude L. Rainville of Lincoln – Member of the Fish and Wildlife Board – By Sen. Ayer for the Committee on Natural Resources and Energy.  (4/28)

John L. Roy of South Hero – Member of the Fish and Wildlife Board (August 9, 2004-February 28, 2006) – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

John L. Roy of South Hero – Member of the Fish and Wildlife Board – (March 1, 2006-February 28, 2012) – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

Bruce E. Therrien of Hardwick – Member of the Fish and Wildlife Board – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Susan Winter of Colchester – Member of the Fish and Wildlife Board – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Joyce A. Wyman of West Arlington – Member of the Fish and Wildlife Board – By Sen. Bartlett for the Committee on Natural Resources and Energy.  (4/28)

Grant Bush of Shelburne – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Eric Clifford of Starksboro – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Lawrence Dupont of North Hero – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee Natural Resources and Energy.  (4/28)

Lori Fisher of Williston – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Paul Hansen of South Alburg – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Roland Hoerr, III of Colchester – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Peter Kreisel of Colchester – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Sandra Kuehn of Fair Haven – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Jan Peterson of Essex Junction – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Edward J. Tyler, III of St. Albans – Member of the Vermont Citizens Advisory Commission on Lake Champlain’s Future – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Brian M. Ames of Putney – Member of the Fish and Wildlife Board – By Sen. Bartlett for the Committee on Natural Resources and Energy.  (4/28)

Edward J. Gallo of Richmond – Member of the Fish and Wildlife Board – By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/28)

William Davies of Orleans – Alternate Member of the Natural Resources Board – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Susan Spaulding of Bellows Falls – Alternate Member of the Natural Resources Board – By Sen. Bartlett for the Committee on Natural Resources and Energy.  (4/28)

Evan Hammond of Lunenburg – Member of the Connecticut River Valley Flood Control Commission – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

Gary W. Moore of Bradford – Member of the Connecticut River Valley Flood Control Commission – By Sen. Coppenrath for the Committee on Natural Resources and Energy.  (4/28)

William Pettengill of Guilford – Member of the Connecticut River Valley Flood Control Commission – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

Robert Darrow of Mendon – Member of the Current Use Advisory Board – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Harold J. Howrigan, Jr. of Sheldon – Member of the Current Use Advisory Board – By Sen. Kittell for the Committee on natural Resources and Energy.  (4/28)

Robert Kelley of Derby Line – Member of the Current Use Advisory Board – By Sen. Kittell for the Committee on Natural Resources and Energy.  (4/28)

John McClain of Randolph – Member of the Current Use Advisory Board – By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/28)

Hon. A. Gregory Rainville of Georgia – District Court Judge – By Sen. Illuzzi for the Committee on Judiciary.  (5/2)

Hon. Robert R. Bent of St. Johnsbury – Superior Court Judge – By Sen. Campbell for the Committee on Judiciary.  (5/3)

Hon. Mary G. Harlow of Wallingford – Family Court Magistrate – By Sen. Wilton for the Committee on Judiciary.  (5/3)

Richard Bailey of Hyde Park – Member of the Vermont Lottery Commission – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Martha O’Connor of Brattleboro – Member of the Vermont Lottery Commission – By Sen. Gander for the Committee on Economic Development, Housing and General Affairs.  (5/3)

John Canney, III of North Clarendon – Member of the Vermont Racing Commission – By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Henry Chauncey, Jr. of Ludlow – Member of the Job Start Board – By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Laurie Hammond of Colchester – Member of the Job Start Board – By Sen. Dunne for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Kevin Harper of Bristol – Member of the Sustainable Jobs Fund Board of Directors – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Caprice B. Hover of Rutland – Member of the Vermont State Housing Authority – By Sen. Mullin for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Mary P. Miller of Waterbury Center – Member of the Vermont State Housing Authority – By Sen. MacDonald for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Thomas Jagielski of Grand Isle – Member of the Occupational Safety and Health Review Board – By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Daniel O’Brien of South Burlington – Member of the Liquor Control Board – By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Michael Rogers of Glover – Member of the Employment Security Board – By Sen. Dunne for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Sharon Russell of Rutland – Member of the Job Start Board – By Sen. Mullin for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Edward Walbridge of Montpelier – Member of the Electrician’s Licensing Board – By Sen. MacDonald for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Thomas Weaver of Essex Junction – Member of the Vermont Housing and Conservation Board – By Sen. Dunne for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Edward Zuccaro of St. Johnsbury – Member of the Labor Relations Board – By Sen. MacDonald for the Committee on Economic Development, Housing and General Affairs.  (5/3)

Peter Gregory of Hartland – Member of the State Infrastructure Bank Board – By Sen. Ayer for the Committee on Finance.  (5/4)

Ann L. Hogan of Shelburne – Member of the State Infrastructure Bank Board – By Sen. Ayer for the Committee on Finance.  (5/4)

Bruce Taylor of Fairlee – Member of the Valuation Board – By Sen. Ayer for the Committee on Finance.  (5/4)



Published by:

The Vermont General Assembly
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Montpelier, Vermont


www.leg.state.vt.us