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House Calendar

FRIDAY, FEBRUARY 22, 2008

46th DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Favorable with Amendment

H. 664  Relating to Unemployment Insurance................................................. 502

          Rep. Davis for Commerce

Senate Proposals of Amendment

H. 580  Terms of Members VT Tobacco Review Board................................ 502

H. 750  Prescription Drug Pricing and Information.......................................... 502

Action Postponed Until Tuesday, February 26, 2008

H. 135  Age for Participation in Corrections Education Program..................... 503

Action Postponed Until Thursday, February 28, 2008

H. 864  Miscellaneous Amendments to Education Law................................... 503

NOTICE CALENDAR

Committee Bills for Second Reading

H. 865  Relating to Vermont Milk Commission............................................... 503

          Rep. Malcolm for Agriculture

Favorable with Amendment

H. 776  Computation of Basic Needs Budget and the Livable Wage............... 503

          Rep. Howrigan for General, Housing and Military Affairs

H. 812  Educational Opportunity for Pregnant and Parenting Students............. 503

          Rep. Mook for Education

S. 351  Consolidating Management of Public Records.................................... 508

          Rep. Martin of Wolcott for Government Operations

          Rep. Hutchinson for Appropriations...................................................... 516

 

J.R.H. 53  Electronic Payment Interchange Rates Assessed........................... 516

          Rep. Marcotte for Commerce

Favorable

H. 432  Establishing Juneteenth National Freedom Day................................... 517

          Rep. Pearson for Government Operations

 

H. 775  Low-Profit Limited Liability Companies............................................. 517

          Rep. Consejo for Commerce

S. 257  Medicaid Coverage of Naturopathic Physicians.................................. 517

          Rep. Milkey for Health Care

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 213  Commemorating the 4706 Asian American Lunar Year.............. 518

H.C.R. 214  Congratulating the Chester Innkeepers Association..................... 518

H.C.R. 215  Congratulating Isabelle Briggs, Etta Dean and Mabel Ward........ 518

H.C.R. 216  Honoring Paul Normandeau’s Civic Service to Dummerston....... 518

S.C.R.  33    Congratulating Dente’s Market on 100th Anniversary................ 518


 

ORDERS OF THE DAY

ACTION CALENDAR

Favorable with Amendment

H. 664

     An act relating to unemployment insurance.

Rep. Davis of Washington, for the Committee on Commerce, recommends the bill be amended on page 3, Sec. 3.,  21 V.S.A. § 1458 in subsection (e) in the final sentence on line 9 by striking “benefits”  and inserting in lieu thereof “benefits”

(Committee vote: 10-0-1)

Senate Proposals of Amendment

H. 580

     An act relating to terms of members of the Vermont tobacco evaluation and review board.

     The Senate proposes to the House to amend the bill striking out Sec. 2 in its entirety and by renumbering Sec. 3 to be Sec. 2.

(For text see House Journal 1/18/2008 – pp 38)

H. 750

     An act relating to prescription drug pricing and information.

     The Senate proposes to the House to amend the bill in Sec. 7 by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  Notwithstanding the effective dates of this section and of No. 80 of the Acts of 2007, the provisions of Sec. 17 of No. 80 of the Acts of 2007 (adding 18 V.S.A. chapter 91, subchapter 3; prescription drug data confidentiality) and Sec. 21 of No. 80 of the Acts of 2007 (adding 9 V.S.A. § 2466a; consumer protection; prescription drugs) shall not be effective until July 1, 2009; except that the department of health and the office of professional regulation may, immediately upon passage, begin any necessary rulemaking, revision of forms, or other administrative actions necessary to implement the program established in 18 V.S.A. chapter 91, subchapter 3 on July 1, 2009.

(No House Amendments)

 

     Action Postponed Until Tuesday, February 26, 2008

H. 135

     An act relating to increasing the age for mandatory participation in the corrections systems education program.

Pending Action: Second Reading

Action Postponed Until Thursday, February 28, 2008

H. 864

An act relating to making miscellaneous amendments to education law.

Pending Action: Second Reading

NOTICE CALENDAR

Committee Bills for Second Reading

H. 865

An act relating to Vermont Milk Commission.

(Rep. Malcolm of Pawlet will speak for the Committee on Agriculture.)

Favorable with Amendment

H. 776

     An act relating to computation of the basic needs budget and the livable wage.

Rep. Howrigan of Fairfield, for the Committee on General, Housing and Military Affairs, recommends the bill be amended as follows:

     In Sec. 2, subsection (b)(3), on line 20, by striking “a minority party” and inserting in lieu thereof “the largest minority party

(Committee vote: 7-0-1)

H. 812

     An act relating to ensuring educational continuity for pregnant and parenting students.

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

* * * Definitions * * *

Sec. 1.  16 V.S.A. § 11(a) is amended to read: 

§ 11.  CLASSIFICATIONS AND DEFINITIONS

(a)  For the purposes of this title, unless the context otherwise clearly requires:

* * *

(28)  “State-placed student” means:

* * *

(B)  a Vermont pupil who:

* * *

(iii)  resides in a school district other than the district of the pupil’s parent or parents; or but

(C)  a pregnant or postpartum pupil attending school at an approved education program in a residential facility or outside the school district of residence pursuant to subsection 1073(b) of this title.

“State-placed student” does not include pupils

(iv)  is not a pupil placed within a correctional facility or in the Woodside Juvenile Rehabilitation Center or The Eldred School operated by the Vermont State Hospital.

* * *

(33)(A)  “Pregnant or parenting pupil” means a legal pupil of any age who is not a high school graduate and who:

(i)  is pregnant; or

(ii)  has given birth, has placed a child for adoption, or has experienced a premature end to pregnancy, if any of these has occurred within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance; or

(iii)  is the parent of a child.

(B)  “Pregnant or parenting pupil” does not include a person whose parental rights have been terminated, except if the pupil has placed the child for adoption within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance.

(34)  “Approved education program” means a program that is evaluated and approved by the state board pursuant to written standards, that is neither an approved independent school nor a public school, and that provides educational services to one or more pupils in collaboration with the pupil’s or pupils’ school district of residence.  An “approved education program” includes an “approved teen parent education program.”

(35)  “Teen parent education program” means a program designed to provide educational and other services to pregnant pupils, parenting pupils, or both.

* * * Authority to Pay Tuition * * *

Sec. 2.  16 V.S.A. § 828 is amended to read: 

§ 828.  TUITION TO APPROVED SCHOOLS, AGE, APPEAL

A school district shall not pay the tuition of a pupil except to a public or school, an approved independent school or, an approved tutorial program approved by the state board, nor shall payment, or an approved education program.  Payment of tuition on behalf of a person shall not be denied on account of age.  Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school he or she may attend, may appeal to the state board and its decision shall be final.

* * * Attendance at a Teen Parent Education Program * * *

Sec. 3.  16 V.S.A. § 1073 is amended to read: 

§ 1073.  “LEGAL PUPIL” DEFINED; ACCESS TO SCHOOL

* * *

(b)  Access to school. 

(1)  Right to a public education.  No legal pupil attending school at public expense, including a married, pregnant, or postpartum parenting pupil, shall be deprived of or denied the opportunity to participate in or complete an elementary and secondary a public school education.  Notwithstanding the provisions of sections 822 and 1075 of this title, for reasons related to the pregnancy or birth, a

(2)  Right to enroll in a public or independent school.  A pregnant or postpartum parenting pupil may attend any approved public school in Vermont or an adjacent state, enroll in any public school or approved independent school in Vermont, or other educational program approved by the state board in which any other legal pupil in the pregnant or parenting pupil’s district of residence may enroll.

(3)  Teen parent education program. 

(A)  Residential teen parent education programs.  The commissioner shall pay the educational costs for a pregnant or postpartum parenting pupil attending a state board approved educational teen parent education program in a 24-hour residential facility for up to eight months after the birth of the child.  The commissioner may approve extension of payment of educational costs based on a plan for reintegration of the student into the community or for exceptional circumstances as determined by the commissioner.  The district of residence of a pupil in a 24-hour residential facility shall remain responsible for coordination of the pupil’s educational program and for planning and facilitating her subsequent educational program.

(B)  Nonresidential teen parent education programs. 

(i)  The pregnant or parenting pupil’s district of residence, or the approved independent or public school to which that district pays tuition for its students, shall be responsible for planning and coordinating the pupil’s educational plan while attending a teen parent education program and for planning and facilitating the pupil’s subsequent educational plan, including the pupil’s transition back to the public or approved independent school.

(ii)  A pregnant or parenting pupil may attend a nonresidential teen parent education program for a length of time to be determined by agreement of the pupil’s district of residence, the school in which the pupil is enrolled, the teen parent education program, and the pupil.  If these parties cannot reach agreement as to the duration of attendance, one or more of the parties may petition the commissioner for a review and determination of duration.  The commissioner’s decision shall be final. 

Sec. 4.  16 V.S.A. § 1121 is amended to read: 

§ 1121.  ATTENDANCE BY CHILDREN OF SCHOOL AGE REQUIRED

A person having the control of a child between the ages of six and 16 years shall cause the child to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child:

* * *

* * * Funding; Grants * * *

Sec. 5.  16 V.S.A. § 4011a is added to read:

§ 4011a.  APPROVED TEEN PARENT EDUCATION PROGRAM; PAYMENTS BY DISTRICT OF RESIDENCE

(a)  Subject to the provisions of subsection (b) of this section, for each pregnant or parenting pupil who is attending an approved teen parent education program and is enrolled in an approved independent school or a public school at public expense, the commissioner shall reimburse the pupil’s district of residence for amounts paid to an approved teen parent education program for educational services.  Reimbursement shall be in an amount equal to the prior year’s net cost per pupil, as calculated under section 825 of this title minus debt service, prorated by the pupil’s full-time equivalent enrollment in academic courses at the teen parent education program in the year services are provided.  For those programs operating during 12 months of the year, the full-time equivalent enrollment will be prorated based on 18.5 hours for 52 weeks rather than 27.5 hours for a 35-week school year.  This subsection applies without regard to whether the pupil is enrolled in a public school within the district of residence or in an approved independent or public school to which the district pays tuition. 

(b)(1)  The pregnant or parenting pupil must be enrolled in a school maintained by the school district of residence or, if the district does not maintain a school, in a public school or an approved independent school at the expense of the district of residence. 

(2)  As determined by the district of residence or by the enrolling school if the district does not maintain a school, the pupil must be taking academic courses at the approved teen parent education program that are the substantial equivalent of the courses required by the district of residence or enrolling school, as applicable, leading to a high school diploma.  The sending district or enrolling school, as applicable, will collaborate with the approved teen parent education program regarding the pupil’s programs and progress.

(c)  An approved independent or public school to which the district of residence pays tuition shall receive and retain tuition for a pregnant or parenting pupil for the full academic year in which the pupil is enrolled, regardless of whether the pupil attends a teen parent education program for all or part of the academic year in lieu of attending the school.  

Sec. 6.  TRANSITIONAL PROVISIONS

During the 2008–2009 academic year only, the provisions of Sec. 5 of this act shall apply both to approved teen parent education programs and to teen parent education programs that have been recognized by the department for children and families.

Sec. 7.  EFFECTIVE DATE

This act shall take effect on July 1, 2008.

(Committee vote: 9-0-2)

 

S. 351

An act relating to consolidating management of public records.

Rep. Martin of Wolcott, for the Committee on Government Operations, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  1 V.S.A. § 317a is added to read:

§ 317a.  DISPOSITION OF PUBLIC RECORDS

A custodian of public records shall not destroy, give away, sell, discard, or damage any record or records in his or her charge, unless specifically authorized by law or under a record schedule approved by the state archivist pursuant to subdivision 117(a)(5) of Title 3.

Sec. 2.  1 V.S.A. § 320 is amended to read:

§ 320.  PENALTIES

(a)  Whenever the court orders the production of any public agency records, improperly withheld from the complainant and assesses against the agency reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether the agency personnel acted arbitrarily or capriciously with respect to the withholding, the department of human resources if applicable to that employee, shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding.  The department, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his or her representative.  The administrative authority shall take the corrective action that the department recommends.

(b)  In the event of noncompliance with the order of the court, the superior court may punish for contempt the responsible employee or official, and in the case of a uniformed service, the responsible member.

(c)  A person who willfully destroys, gives away, sells, discards, or damages a public record without having authority so to do, shall be fined at least $50.00 but not more than $1,000.00 for each offense.

Sec. 3.  3 V.S.A. § 117 is amended to read:

§ 117.  PUBLICATION AND PRESERVATION OF STATE PAPERS
 VERMONT STATE ARCHIVES AND RECORDS
 ADMINISTRATION

(a)  As used in this chapter:

(1)  “Archival Records management” means the systematic identification and management of archival public records to assure their authenticity and accessibility from the creation to ultimate disposition.

(2)  “Archives” or “archival records” means public records, as defined in 1 V.S.A. § 317(b), which have continuing legal, administrative, or historic value.

(3)  “Identification” “Appraisal” means the identification, classification, and analysis and appraisal of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their:

(A)  current administrative, legal, and fiscal use;

(B)  evidential and informational content;

(C)  arrangement and condition;

(D)  intrinsic value; and

(E)  relationship to other records.

(4)  “Public record” or “public document” means all papers, documents, machine readable materials, or any other written or recorded matters, regardless of their physical form or characteristics, that are produced or acquired in the course of agency business.  Individual salaries and benefits of and salary schedules relating to elected or appointed officials and employees of public agencies shall not be exempt from public inspection and copying.

(5)  “Record schedule” means a manual, directive, or policy containing descriptions of and disposition instructions for retention, access, and management of all public records or public documents. 

(b)  There is created within the office of the secretary of state the division of Vermont state archives and records administration which is charged with administering and implementing an archival a records management program for state government in accordance with professional archival practice records and information management practices and principles which shall be styled “the state archives and records administration program.”  The secretary shall have legal custody of the state’s archival records.

(c)  The secretary shall adopt policies and procedures necessary to carry out the provisions of this section and shall report annually to the governor and the general assembly on the state archives and records administration program.

(d)  The secretary may appoint an archives advisory committee to provide assistance and support for the state archives and records administration program.

(e)  The secretary may adopt rules consistent with this chapter section.

(f)  There shall be a director of the division of Vermont state archives and records administration who shall have the title of “state archivist,” and who shall be qualified by education and professional experience to perform the duties of the office.  The state archivist shall be a classified position within the office of secretary of state.

(g)  In fulfilling the duties of the state archives and records administration program, the state archivist shall:

(1)  coordinate with the commissioner of buildings and general services for compliance with section 218 of this title and sections 453 and 454 of Title 22 to identify, schedule, and manage all public records with archival value;

(2)  establish and administer an archival a records management program for the application of effective and efficient methods to the creation, utilization, maintenance, reformatting, retention, destruction, and preservation of state archival public records;

(3)(2)  cooperate with the heads of state agencies or public bodies to establish and maintain a program for the identification appraisal and scheduling, and preservation of archival of public records;

(4)(3)  analyze, develop, establish, and coordinate standards, procedures, and techniques for the creation of, preservation of, and access to archival public records;

(5)  analyze and identify archival records in state agencies;

(6)  cooperate with the commissioner of buildings and general services in the development of comprehensive records retention and disposition schedules that identify archival records;

(7)(4)  take custody of archival records with the approval of their originating agency in accordance with record schedules approved by the state archivist;

(5)  maintain a record center to hold inactive records in accordance with approved records schedules approved by the state archivist;

(6)  administer a central reformatting program for public records, including land records in the possession of municipal or county officers.  Public records that are microfilmed, electronically captured, or otherwise reformatted shall be taken and received in all courts, public offices, and official bodies as prima facie evidence;

(8)(7)  arrange, describe, and preserve archival records, and promote their use by government officials, educators, historians, and the public through the secretary of state’s website or other publication, or both;

(9)(8)  permit the public to inspect, examine, and study the archives, provided that any record placed in the keeping of the office of the secretary of state under special terms or conditions of law restricting their use shall be made accessible only in accord with those terms and conditions;

(10)(9)  cooperate with and assist to the extent practicable state institutions, departments, agencies, municipalities, and other political subdivisions and individuals engaged in the activities in the field of public records, archives, manuscripts, and history;

(10)  accept for filing copies of land records submitted in microfilm, electronic media, or similar compressed form by municipal or county clerks;

(11)  provide advice, assistance, and consultation to state agencies, political subdivisions, historical agencies, libraries, and other Vermont organizations on the effective management of archival records; receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing or publishing public records; and

(12)  serve on the Vermont historical records advisory board, as described in 44 U.S.C. § 2104, to encourage systematic documentation in Vermont and the collecting of archival records; and

(13)  publish or otherwise exhibit and promote those archival records are judged to be of publishable value.

(h)  Each volume published under the provisions of this section shall be called state papers of Vermont and numbered consecutively after the last volume of that title printed and published under the authority of No. 259 of the Acts of 1912 and shall be evidence in court and shall have the same force as the original documents.

(i)  All volumes printed under authority of this section shall be delivered to the state librarian who shall deliver one copy to such elective and appointive state officers and such town and county clerks and such local historical societies and to each public high school and college library in the state, and to the library of each private school acting as a public high school as shall request it in writing for the permanent files of their offices.  The state librarian shall also furnish four copies to the Vermont historical society.  The remaining volumes shall be disposed of by the state librarian through liberal exchanges with other libraries and institutions or through sale at such prices as the state librarian shall establish.

(j)  All volumes of the state papers of Vermont, published under authority of this or any other previous law, shall be evidence in court and shall have the same force as the original documents.

Sec. 4.  3 V.S.A. § 218 is amended to read:

§ 218.  AGENCY/DEPARTMENT RECORDS MANAGEMENT PROGRAM

(a)  The general assembly finds that public records are essential to the administration of state and local government.  Public records contain information which allows government programs to function, provides officials with a basis for making decisions, and ensures continuity with past operations. Public records document the legal responsibilities of government, help protect the rights of citizens, and provide citizens a means of monitoring government programs and measuring the performance of public officials.  Public records provide documentation for the functioning of government and for the retrospective analysis of the development of Vermont government and the impact of programs on citizens.  Public records in general and archival records in particular need to be systematically managed to preserve their legal, historic, and informational value, to provide ready access to vital information, and to promote the efficient and economical operation of government.

(b)  The head of each state agency or department shall establish, maintain, and implement an active and continuing program approved by the commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records, Vermont state archives and records administration for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.

(c)  For an agency or department records program to be approved by the commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records Vermont state archives and records administration, the head of each state agency or department shall:

* * *

(5)  establish and maintain other records related to management of the agency’s or department’s records as required by the director of public records or the state archivist Vermont state archives and records administration;

(6)  provide for furnishing to the division of public records and state archives, such special reports regarding the records of the agency or department as the department of buildings and general services or the secretary of state Vermont state archives and records administration may deem necessary;

(7)  process, store, and preserve records kept by the agency or department in an efficient and economical manner;

(8)  where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records; and

(9)  maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction; and

(10)  implement and sustain a record schedule in accordance with requirements established by the Vermont state archives and records administration under section 117 of this title and the department of information and innovation under subdivision 2222(a)(10) of this title.

(d)  The head of each state agency or department shall designate a member of his or her staff as the records officer for his or her agency or department and shall notify the department of buildings and general services Vermont state archives and records administration in writing of the name and title of the person designated.

(e)  The Vermont state archives and records administration shall approve all agency record schedules, as defined by section 117 of this title, unless set forth in a general record schedule issued by the Vermont state archives and records administration.  Authorizations by the public records advisory board regarding the disposition of public records shall remain in effect until superseded by a record schedule issued or approved by the Vermont state archives and records administration.

Sec. 5.  REPEAL

22 V.S.A. chapter 11 (commissioner of buildings and general services authority to manage public records) is repealed.

Sec. 6.  2 V.S.A. § 752(b) is amended to read:

(b)  The committee shall prepare, adopt, and maintain a long-range plan of at least five years for information technology operations and services in the legislative branch.  The plan shall analyze the costs and benefits and risk management aspects of maintaining authentic and accessible legislative records as required by Vermont law.  In the preparation of the plan, the committee shall consult with members of the general assembly, the legislative staff information systems team established by section 753 of this title, and other legislative staff, the state archivist, the commissioner of buildings and general services, other representatives of the executive and judicial branches of state government, and members of the public.  The committee shall provide the house and senate committees on government operations with copies of the plan and any amendment to the plan.

Sec. 7.  18 V.S.A. § 5002 is amended to read:

§ 5002.  RETURNS; TABLES

The health commissioner shall prepare from the returns of births, marriages, civil unions, deaths, fetal deaths, and divorces required by law to be transmitted to the commissioner such tables and append thereto such recommendations as he or she deems proper, and during the month of July in each even year, shall cause the same to be published as directed by the board.  The commissioner shall file and preserve all such returns.  The commissioner shall periodically transmit the original returns or photostatic or photographic copies to the director of public records state archivist who shall keep the returns, or photostatic or photographic copies of the returns, on file for use by the public.  The commissioner and the director of public records state archivist shall each, independently of the other, have power to issue certified copies of such records.

Sec. 8.  18 V.S.A. § 5008 is amended to read:

§ 5008.  TOWN CLERK; RECORDING AND INDEXING PROCEDURES

A town clerk shall file for record and index in volumes all certificates and permits received in a manner prescribed by the public records director state archivist.  Each volume or series shall contain an alphabetical index.  Marriage certificates shall be filed for record in one volume or series, civil unions in another, birth certificates in another, and death certificates and burial-transit and removal permits in another.  However, in a town having less than 500 inhabitants, the town clerk may cause marriage, civil union, birth and death certificates, and burial-transit and removal permits to be filed for record in one volume, provided that none of such volumes shall contain more than 250 certificates and permits.  All volumes shall be maintained in the town clerk’s office as permanent records.

Sec. 9.  18 V.S.A. § 5148 is amended to read:

§ 5148.  EVIDENCE OF MARRIAGE

A copy of the record of the marriage made by a person required by law at the time the marriage was solemnized, to make and keep the record certified by such person, or by the town or county clerk or the commissioner of health or the director of public records state archivist, if the record is in his or her office, shall be in all courts presumptive evidence of the fact of such marriage.

Sec. 10.  18 V.S.A. § 5167 is amended to read:

§ 5167.  EVIDENCE OF CIVIL UNION

A copy of the record of the civil union received from the town or county clerk, the commissioner of health or the director of public records state archivist shall be presumptive evidence of the civil union in all courts.

Sec. 11.  24 V.S.A. § 1161 is amended to read:

§ 1161.  GENERAL INDEX

(a)(1)  A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease or other instrument affecting the title to real estate, and each writ of attachment, notice of lien or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk’s office, with the name of the book, volume, or other manner of recording and the page of record in the following form:

* * *

(2)  If the instrument is executed on behalf of, or to convey the interest of another party, the same shall be indexed in the name of the other party as grantor.  In case the instrument is executed by more than one grantor and to more than one grantee, the name of each grantor and each grantee shall be indexed.  When the party is a natural person the name shall be indexed under the first letter of such person’s surname, and when the party is a corporation the name shall be indexed under the first letter of the first word of its name disregarding articles and initials.  For purposes of this section, a defendant against whose property a writ of attachment is filed or a person against whose property a lien is asserted, shall be considered a grantor, and a plaintiff filing a writ, or a person asserting a lien shall be considered a grantee.  Land plats filed in the office shall be indexed in such manner as the public records director state archivist shall by rule prescribe.  The general index may be kept electronically.

* * *

Sec. 12.  TRANSFER AND FUNDS AND POSITIONS

All employees, positions, and equipment and the remaining balances of the appropriation for public records are transferred from the department of buildings and general services to the office of the secretary of state.  The department of buildings and general services’ vital records special fund and the department of buildings and general services’ public records special fund along with monies in them shall be transferred to the office of the secretary of state and renamed the vital records special fund and public records special fund.

(Committee vote: 10-0-1)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Government Operations.

(Committee vote: 11-0-0)

(For text see Senate Journal 1/29/08 – pp.79 )

J. R. H. 53

     Joint resolution urging Congress to address the dramatic rise of electronic payment interchange rates that merchants and consumer are assessed.

Rep. Marcotte of Coventry, for the Committee on Commerce, recommends that the resolution be amended by striking the resolution in its entirety and inserting in lieu thereof the following:

Joint resolution urging Congress to address the detrimental rise of credit and debit-card-related fees and interest rates 

Whereas, consumers are increasingly using credit and debit cards to purchase goods and services, and nationally, these purchases now exceed the annual number of check transactions, and

Whereas, merchants accepting credit and debit card payments are required to pay interchange fees to banks and credit card providers, and

Whereas, the rules governing interchange fees may only be released to merchants on a restricted basis, and any disclosure to consumers is prohibited, and

Whereas, the billing statements that both third party providers and credit card companies produce are excessively complex, and

Whereas, the interchange fees are ultimately passed to the consumers, including those who pay with cash or a check and who, in effect, subsidize rewards given to credit card customers, and

Whereas, it is not unusual for the interchange fees to exceed the profit margins of the merchant, and

Whereas, traditional economic models are not applicable because Visa and MasterCard are responsible for approximately 80 percent of all credit card transactions, and

Whereas, small businesses struggle to absorb the constant increases in the cost of accepting electronic payments, and

Whereas, the number of rewards cards encouraging credit card purchases is rapidly increasing, and the new rewards cards are more costly for both merchants and consumers, and

Whereas, parallel with the increase in interchange fees, and costs related to reward cards, is the dramatic rise in the interest fees that consumers pay to maintain their credit cards, and

Whereas, the interest rates charged to an increasing number of consumers have reached the 25-percent level, a rate that is extremely burdensome, and

Whereas, these extremely high interest rates are having a significant economic impact on Vermont consumers and merchants, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to address this acute situation, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Congressional Delegation.

(Committee vote: 10-0-1)

(For text see House Journal 2/14/08 – P. 264)

Favorable

H. 432

     An act relating to establishing Juneteenth National Freedom Day.

Rep. Pearson of Burlington, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 9-0-2)

H. 775

     An act relating to low-profit limited liability companies.

Rep. Consejo of Sheldon, for the Committee on Commerce, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

S. 257

An act relating to Medicaid coverage of naturopathic physicians.

Rep. Milkey of Brattleboro, for the Committee on Health Care, recommends that the bill ought to pass in concurrence.

(Committee Vote: 11-0-0)

No Senate Amendments

CONSENT CALENDAR

Concurrent Resolutions for Notice Under Joint Rule 16

     The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, February 21, 2008)

H.C.R. 213

     House concurrent resolution commemorating the 4706 Asian American Lunar Year celebration in Rochester

H.C.R. 214

House concurrent resolution congratulating the Chester Innkeepers Association for requiring Green Hotel in the Green Mountain State designation

H.C.R. 215

House concurrent resolution congratulating Isabelle Briggs, Etta Dean, and Mabel Ward on their half-century of civic service as members of the Cavendish Firemen’s Auxiliary

H.C.R. 216

House concurrent resolution honoring Paul Normandeau on his civic contributions to the town of Dummerston

S.C.R. 33.

     Senate concurrent resolution congratulating Dente's Market in Barre City on its centennial anniversary.

CROSSOVER DEADLINE

            All bills must be reported out by the committees of reference by the end of the day of Friday, March 14.  Bills that are then referred to a money committee must be reported out of the money committee by the end of the day of the following Friday, March 21. 

 

            Exceptions to the foregoing deadlines include the major money bills (Appropriations, Transportation, Capital Construction, and the Misc. Tax Bill).

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us