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Senate Calendar

thursday, march 1, 2007

58th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

UNFINISHED BUSINESS OF WEDNESDAY, FEBRUARY 28, 2007

Committee Bill for Second Reading

S. 93       Miscellaneous changes to education law............................................ 157

                              Finance Committee Report................................................ 157

NEW BUSINESS

Third Reading

S. 7         Relating to medical marijuana............................................................ 158

                              Sen. Illuzzi amendment....................................................... 158

                              Sen. Illuzzi amendment....................................................... 158

                              Sen. Mullin amendment...................................................... 160

S. 77       Transferring title to a motor vehicle to a surviving spouse.................... 160

S. 116     Miscellaneous election law amendments............................................ 160

                              Sen. Illuzzi amendment....................................................... 160

S. 124     Planning and evaluating options for inpatient psychiatric

                              hospital services................................................................. 160

H. 128    Amendment to the charter of the town of Bradford............................ 160

Committee Bills for Second Reading

S. 128     Eliminating certain sunsets on forensic examinations at designated hospitals                  160

S. 133     Operation of a motor vehicle by junior operators and primary safety belt enforcement 161

Joint Resolution for Action

JRS 20   Extension of date for convening a Joint Assembly to vote on the retention of Superior Judges and District Judges         161

NOTICE CALENDAR

Favorable

S. 27       Relating to increasing the minimum tip wage....................................... 161

                              Ec. Dev., Housing & General Affairs Committee Report..... 161


Favorable with Recommendation of Amendment

S. 6         Preventing conviction of innocent persons.......................................... 161

                        ........................................................... Judiciary Committee Report      161

                        ................................................. Appropriations Committee Report      171

S. 78       Having cost of picking up & hauling milk paid by the purchaser.......... 171

                              Agriculture Committee Report............................................ 171

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to March 1, 2007 calendar)

SCR 10  Honoring Rep. Albert & Marcia Perry for civic contributions............... 88

SCR 11  Honoring Marcia McGlynn for public service to Woodbury................. 89

HCR 48 Ernie Farrar’s 40th anniversary broadcasting on WVMT radio............ 90

HCR 49 Carole Lechthaler of Visiting Nurse & Hospice of VT/NH................... 91

HCR 50 Honoring Pat Richardson for service in the town of Hartford................ 93

HCR 51 Honoring retiring Sergeant-at-Arms Kermit Spaulding......................... 94

HCR 52 The Wallingford Locker and owners Paul & Justin Courcelle............... 95

HCR 53 Honoring the community spirit of the Rutland city fire dept................... 96

HCR 54 Honoring J. Douglas Webb for service in Fairfax & Franklin Cty......... 98

HCR 55 In memory of Lance Cpl. Kurt Edward Dechen of Springfield.............. 99

HCR 56 Jeremy Russo of Rupert Outstanding Young Farmer semifinalist......... 101

HCR 57 In memory of John D. Flory, Jr......................................................... 102

HCR 58 Honoring Alice Sturgeon on her community service in Georgia........... 104

HCR 59 Honoring Arlo Sterner for public service in Lamoille County.............. 105

HCR 60 50th anniversary of Great Falls Regional Chamber of Commerce....... 106

HCR 61 Norwich Univ. hockey coach Michael McShane on his 500th win...... 107

HCR 62 Honoring Mary Lou Raymo for her service to town of Dover............. 108

 




 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF WEDNESDAY, FEBRUARY 28, 2007

Committee Bill for Second Reading

S. 93.

     An act relating to miscellaneous changes to education law.

     By the Committee on Education,

     (Senator Collins for the Committee)

Reported favorably with recommendations of amendment by Senator Condos for the Committee on Finance.

The Committee recommends that the bill be amended as follows:

First:  By adding a new section to be Sec. 3a to read:

Sec. 3a.  16 V.S.A. § 559(e)(1) is amended to read:

(e) Application of this section. Application of this section. Any contract entered into or purchase made in violation of the provisions of this section shall be null and void; provided, however, that:

(1) the provisions of this section shall not apply to contracts for the purchase of books or other materials of instruction or to the purchase of insurance products;

Second:  By striking out Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 to read as follows:

Sec. 12.  32 V.S.A. § 5402(a) is amended to read: 

(a)  A statewide education tax is imposed on all nonresidential and homestead property at the following rates:

(1)  the tax rate for nonresidential property shall be $1.59 per $100.00; and

(2)  the tax rate for homestead property shall be $1.10 multiplied by the district spending adjustment for the municipality, per $100.00, of equalized education property value as most recently determined under section 5405 of this title.  The homestead property tax rate for each municipality which is a member of a union or unified union school district shall be calculated as required under subsection (e) of this section; provided, however, the district spending adjustment shall not include excess spending in any district with a total of 20 or fewer students that does not maintain an elementary or high school, in any year in which the district’s excess spending was solely attributable to new special education spending.

Third:  By adding a new section to be numbered Sec. 16 to read as follows:

Sec. 16.  EFFECTIVE DATE

Sec. 12 shall take effect on passage.

(Committee vote: 7-0-0)

NEW BUSINESS

Third Reading

S. 7

An act relating to medical marijuana.

AMENDMENT TO S. 7 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the bill as follows:

First:  In Sec. 1, in the title of Subchapter 2 by striking out the words “for Medical

Second:  In Sec. 1, 18 V.S.A., § 4473 by adding a new subsection (c) to read as follows:

(c)  A person authorized to use marijuana pursuant to the authority of this chapter shall be advised that it is unlawful to operate a motor vehicle, snowmobile or motorboat while under the influence of marijuana, alcohol or a combination of alcohol, marijuana or other drug.

AMENDMENT TO S. 7 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

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

Sec. 2.  23 V.S.A. §1201 is amended to read:

§ 1201. Operating vehicle under the influence of intoxicating liquor or other substance; criminal refusal

(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

(2) when the person is under the influence of intoxicating liquor; or

(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or

(4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

(b) A person who has previously been convicted of a violation of this section shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and refuse a law enforcement officer's reasonable request under the circumstances for an evidentiary test where the officer had reasonable grounds to believe the person was in violation of subsection (a) of this section.

(c) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and be involved in an accident or collision resulting in serious bodily injury or death to another and refuse a law enforcement officer's reasonable request under the circumstances for an evidentiary test where the officer has reasonable grounds to believe the person has any amount of alcohol or drug in the system.

(d) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(e) A person may not be convicted of more than one offense under this section arising out of the same incident.

(f) For purposes of this section and section 1205 of this title, the defendant may assert as an affirmative defense that the person was not operating, attempting to operate, or in actual physical control of the vehicle because the person:

(1) had no intention of placing the vehicle in motion; and

(2) had not placed the vehicle in motion while under the influence.


AMENDMENT TO S. 7 TO BE OFFERED BY SENATOR MULLIN, ON BEHALF OF THE COMMITTEE ON HEALTH AND WELFARE, BEFORE THIRD READING

Senator Mullin, on behalf of the Committee on Health and Welfare, moves to amend the bill in Sec. 1, 18 V.S.A. § 4474b, by striking out subsection (e) in its entirety.

S. 77

An act relating to transferring title to a motor vehicle to a surviving spouse.

S. 116.

An act relating to miscellaneous election law amendments.

AMENDMENT TO S. 116 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the bill in Sec. 3 by striking out subsection (a) in its entirety and inserting in lieu thereof a subsection (a) to read as follows:

(a)  A write-in candidate shall not have his or her name listed and votes counted unless the candidate has filed a consent form with the official where nominating petitions must be filed for the office at least seven days prior to election day.  Votes for write-in candidates who have not filed a consent form shall be counted as “write-in” votes but shall not be listed by name.

S. 124.

An act relating to planning and evaluating operations for inpatient psychiatric hospital services.

H. 128

An act relating to approval of an amendment to the charter of the town of Bradford.

Committee Bills for Second Reading

S. 128

An act relating to eliminating certain sunsets on forensic examinations at designated hospitals.

By the Committee on Health and Welfare.

(Sen. Racine for the Committee)


S. 133

An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement.

By the Committee on Transportation.

(Sen. Shumlin for the Committee)

Joint Resolution for Action

J.R.S. 20

Joint resolution providing for and relating to an extension of the date for the convening of a Joint Assembly to vote on the retention of Superior Judges and District Judges.

(For text of Resolution, see Senate Journal for February 28, 2007, page 181)

NOTICE CALENDAR

Favorable

S. 27

An act relating to increasing the minimum tip wage.

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

(Committee vote: 27)

Favorable with Recommendation of Amendment

S. 6

An act relating to preventing conviction of innocent persons.

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

     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.  13 V.S.A. chapter 182 is added to read:

CHAPTER 182.  INNOCENCE PROTECTION

Subchapter 1.  Postconviction DNA Testing

§ 5561.  PETITION FOR POSTCONVICTION DNA TESTING

(a)  A person convicted of a qualifying crime may at any time file a petition requesting forensic DNA testing of any evidence which may contain biological evidence that was obtained during the investigation or prosecution of the crime.  The petition shall contain facts showing that DNA testing may be material to the petitioner’s claim of wrongful conviction.

(b)  As used in this section, “person convicted of a qualifying crime” means a person convicted of:

(1)  one of the following crimes as defined in this title:

(A) arson causing death, § 501;

(B)  assault and robbery with a dangerous weapon, § 608(b);

(C)  assault and robbery causing bodily injury, § 608(c);

(D)  aggravated assault, § 1024;

(E)  murder, § 2301;

(F)  manslaughter, § 2304;

(G)  kidnapping, § 2405;

(H)  unlawful restraint, §§ 2406 and 2407;

(I)  maiming, § 2701;

(J)  sexual assault, § 3252(a)(1) or (a)(2);

(K)  aggravated sexual assault, § 3253;

(L)  burglary into an occupied dwelling, § 1201(c); or

(M)  lewd and lascivious conduct with a child, § 2602; or

(2)  any crime not listed in subdivision (b)(1) of this section, if the petition is filed within 30 months after the conviction becomes final, the person presents specific facts demonstrating that DNA evidence will provide substantial evidence of the person’s innocence, and the court finds that the interests of justice would be served by permitting the petition.   

(c)  The petition shall be filed in the superior court of the county where the conviction was imposed, and shall not be heard by the judge who presided when the original sentence was imposed.  The court shall provide copies of the petition to the attorney general and to the state’s attorney in the district where the conviction was obtained, and the state shall file a response within 30 days after it receives the petition.

(d)  The court shall schedule a hearing on the petition within 90 days after it is filed unless the court dismisses the petition pursuant to subsection (e) of this section.  Time limits under this subsection may be extended for good cause shown or by consent of the parties.

(e)  The court may dismiss the petition if it determines that:

(1)  the petition, response, files, and records conclusively establish that the petitioner is entitled to no relief; or

(2)  the petition was not made to demonstrate innocence or the appropriateness of a lesser sentence and will unreasonably delay the execution of sentence or administration of justice.     

§ 5562.  ASSIGNMENT OF COUNSEL

The court may appoint counsel if the petitioner is unable financially to employ counsel and may order that all necessary costs and expenses incident to the matter, including but not limited to court costs, stenographic services, printing, and reasonable compensation for legal services, be paid by the state from the appropriation to the defender general.  On appeal, the supreme court may make a similar order.

§ 5563.  DISCOVERY

The court may make the following discovery orders at any time after a petition has been filed under this subchapter:

(1)  The court may order the state to locate and provide the petitioner with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case or to help the petitioner locate items of biological evidence that the state contends have been lost or destroyed.  The court may further order the state to take reasonable measures to locate biological evidence that may be in its custody or to help the petitioner locate evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility.

(2)  If evidence has previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the testing and may order production of the underlying data and the laboratory notes.

(3)  If any DNA or other biological evidence testing was previously conducted by either the prosecution or the defense without knowledge of the other party, the court may order that the previous testing be disclosed.

(4)  If the court orders DNA testing under this subchapter, the court shall order the production of any laboratory reports prepared in connection with the testing and may order production of the underlying data, bench notes, or other laboratory notes.

(5)  The results of any postconviction DNA testing conducted pursuant to this subchapter shall be disclosed to the state, the department of corrections, the parole board, the petitioner, and the court.

§ 5564.  PRESERVATION OF BIOLOGICAL EVIDENCE; POLICIES

The department of public safety shall disseminate policies regarding the collection and preservation of biological evidence to all state and local law enforcement agencies on or before July 1, 2007.  Law enforcement agencies shall adhere to the policies distributed pursuant to this section.

§ 5565.  ORDER; NECESSARY FINDINGS; CONFIDENTIALITY

(a)  The court shall grant the petition and order DNA testing if it makes all of the following findings:

(1)  A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence if favorable results had been obtained through DNA testing at the time of the original prosecution.

(2)  One or more of the items of evidence that the petitioner seeks to have tested is still in existence.

(3)  The evidence to be tested was obtained in connection with the offense that is the basis of the challenged conviction and:

(A)  was not previously subjected to DNA testing; or

(B)  although previously subjected to DNA testing, can be subjected to additional DNA testing that provides a reasonable likelihood of more probative results.

(4)(A)(i)  The chain of custody of the evidence to be tested establishes that the evidence has not been tampered with, replaced, or altered in any material respect; or

(ii)  If the chain of custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence.

(B)  For purposes of this subchapter, evidence that has been in the custody of a law enforcement agency, a governmental body, or a public or private hospital shall be presumed to satisfy the chain-of-custody requirement of this subdivision.

(b)  The court may designate in its order:

(1)  the type of DNA analysis to be used;

(2)  the testing procedures to be followed;

(3)  the preservation of some portion of the sample for replicating the testing;

(4)  additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis.

(c)  DNA profile information from biological samples taken from any person pursuant to a petition under this subchapter shall be confidential and shall be exempt from any law requiring disclosure of information to the public.

§ 5566.  APPEALS

An order entered on the petition may be appealed to the Vermont supreme court pursuant to the Rules of Appellate Procedure.

§ 5567.  CHOICE OF LABORATORY; PAYMENT

(a)  If the court orders DNA testing under this subchapter, the testing shall be conducted at a facility mutually agreed upon by the petitioner and the state and approved by the court.  If the parties are unable to agree, the court shall designate the testing facility and provide the parties with a reasonable opportunity to be heard on the issue.

(b)  The court shall impose reasonable conditions on the testing to protect the parties’ interests in the integrity of the evidence and the testing process.

(c)(1)  The defender general shall bear the costs of testing performed at the state crime laboratory.

(2)  Except as provided in subdivision (3) of this subsection, the court may require the petitioner or the state or both to pay for testing performed at a private laboratory.

(3)  If the state crime laboratory does not have the ability or resources to conduct the type of DNA testing to be performed, the state shall bear the costs of testing at a private laboratory which does have such capabilities or resources.

§ 5568.  PROCEDURE AFTER TEST RESULTS OBTAINED

(a)  If the results of forensic DNA testing ordered under this subchapter are favorable to the petitioner, the court shall schedule a hearing as soon as practicable after the results are received to determine the appropriate relief to be granted.  The petitioner and the state shall be permitted to submit motions and be heard at the hearing.

(b)  At or subsequent to the hearing, the court may issue an order directing one or more of the following:

(1)  setting aside or vacating the petitioner’s judgment of conviction, judgment of not guilty by reason of mental disease or defect;

(2)  granting the petitioner a new trial or fact-finding hearing;

(3)  granting the petitioner a new sentencing hearing, commitment hearing, or dispositional hearing;

(4)  discharging the petitioner from custody;

(5)  specifying the disposition of any evidence that remains after the completion of the testing;

(6)  granting the petitioner additional discovery on matters related to DNA test results or the conviction or sentence under attack, including documents pertaining to the original criminal investigation and the identities of other suspects; or

(7)  directing the state to place any unidentified DNA profiles obtained from postconviction DNA testing into a state or a federal database, or both.

(c)  An order issued under this section may be appealed to the Vermont supreme court pursuant to the Rules of Appellate Procedure. 

§ 5569.  SUCCESSIVE PETITIONS

(a)  The court shall not be required to entertain a second or successive petition for similar relief on behalf of the same petitioner unless it appears the petition will be assisted by the availability of more advanced DNA technology.

(b)  The court may entertain a second or successive petition if it determines that doing so would serve the interests of justice.

Subchapter 2.  Compensation for Wrongful Convictions

§ 5571.  RIGHT OF ACTION; PROCEDURE

(a)  A person convicted and imprisoned for a crime which the person did not commit shall have a cause of action for damages against the state.

(b)  An action brought under this subchapter shall be filed in Washington County superior court.  Notice of the action shall be served upon the attorney general.

(c)  The Vermont Rules of Civil Procedure shall apply to actions brought under this subchapter, and the plaintiff shall have a right to trial by jury.  The Vermont Rules of Appellate Procedure shall apply to appeals from orders and judgments issued under this subchapter.

(d)  The attorney general may consider, adjust, determine, and settle any claim for damages brought against the state of Vermont under this subchapter.

§ 5572.  COMPLAINT

(a)  A complaint filed under this subchapter shall be supported by facts and shall allege that:

(1)  the complainant has been convicted of a crime, been sentenced to a term of imprisonment, and served all or any part of the sentence; and

(2)  the complainant’s actual innocence has been established by DNA evidence which resulted in the person’s conviction being reversed or vacated, the information or indictment being dismissed, the granting of a pardon, or an acquittal after a second or subsequent trial or through some other means. 

(b)  The court may dismiss the complaint, upon its own motion or upon motion of the state, if it determines that the complaint does not state a claim for which relief may be granted.

§ 5573.  BURDEN OF PROOF; JUDGMENT; DAMAGES 

(a)  A claimant shall be entitled to judgment in an action under this subchapter if the claimant establishes each of the following by a preponderance of the evidence:

(1)  The complainant was convicted of a crime, was sentenced to a term of imprisonment, and served all or any part of the sentence.

(2)(A)  The complainant’s conviction was reversed or vacated, the complainant’s indictment or information was dismissed, or the complainant received an acquittal after a second or subsequent trial; or

(B)  The complainant was pardoned for the crime for which he or she was sentenced.

(3)  DNA evidence establishes that the complainant did not commit the crime for which he or she was sentenced.

(4)  The complainant did not fabricate evidence or commit or suborn perjury during any proceedings related to the crime with which he or she was charged.

(b)  A claimant awarded judgment in an action under this subchapter shall be entitled to $50,000.00 in damages for each year the claimant was incarcerated, adjusted proportionally for partial years served.  The damage award may also include:

(1)  Economic damages, including lost wages and costs incurred by the claimant for his or her criminal defense and for efforts to prove his or her innocence.

(2)  Up to ten years of physical and mental health care through the state employees’ health care system, offset by any amount provided through the claimant’s employers during that time period.

(3)  Compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the claimant for the time period between his or her release from mistaken incarceration and the date of the award.

(4)  Reasonable attorney’s fees and costs for the action brought under this subchapter.  

(c)  Damages awarded under this section:

(1)  shall not be subject to any state taxes, except for the portion of the judgment awarded as attorney’s fees; and

(2)  shall not be offset by any services awarded to the claimant pursuant to this section or by any expenses incurred by the state or any political subdivision of the state, including expenses incurred to secure or maintain the claimant’s custody or to feed, clothe, or provide medical services for the claimant.

(d)  The claimant’s acceptance of a damages award, compromise, or settlement as a result of a claim under this subchapter shall be in writing and, except when procured by fraud, shall be final and conclusive on the claimant, and constitute a complete release by the claimant of any claim against the state and a complete bar to any action by the claimant against the state with respect to the same subject matter. 

§ 5574.  PAYMENT

(a)  Any award made or compromise or settlement against the state of Vermont agreed upon by the attorney general in response to an action brought under this subchapter shall be paid by the state treasurer out of the treasury, and the emergency board shall reimburse the state treasurer therefor from time to time.

(b)  If the state elects to self‑insure for liability as defined in section 5601 of Title 12, any award, compromise, or settlement against the state of Vermont agreed to by the attorney general shall be paid by the treasurer from the liability self-insurance fund.

(c)  To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy.

§ 5575.  LIMITATIONS

(a)  Except as provided in subsection (b) of this section, an action for wrongful conviction under this subchapter shall be commenced within three years after the person’s actual innocence is established by the person’s conviction being reversed or vacated, the indictment being dismissed, the granting of a pardon or an acquittal after a second or subsequent trial or through some other means.

(b)(1)  If the state challenges the establishment of the actual innocence of a person entitled to bring an action under this subchapter, the limitations period shall not commence until the challenge is finally resolved.

(2)  If a cause of action under this subchapter accrues before the effective date of this chapter, the action shall be commenced within three years after the effective date.

(3)  If a person entitled to bring an action under this subchapter is not provided the notice required by section 5586 of this title, the person shall have an additional year within which to bring the action.     

§ 5576.  NOTICE OF RIGHT OF ACTION

(a)  A copy of this subchapter shall be provided to a person by a court:

(1)  issuing judicial relief establishing the person’s actual innocence through vacating or reversing the person’s conviction, dismissing the information or indictment, or entering judgment on an acquittal after a second or subsequent trial or through some other means; and

(2)  receiving notice of a pardon.

(b)(1)  A person receiving a copy of this subchapter pursuant to subdivision (a)(1) of this section shall be required to acknowledge its receipt in writing on a form established by the court administrator.  The acknowledgement shall be entered on the docket by the court and shall be admissible in an action filed under this subchapter.

(2)  A person receiving a copy of this subchapter pursuant to subdivision (a)(2) of this section shall be required to acknowledge its receipt in writing on a form established by the parole board.  The acknowledgement shall be retained on file by the parole board as part of its official records and shall be admissible in an action filed under this subchapter.

(c)  The administrative judge and the court administrator shall make reasonable attempts to provide notice of this subchapter to persons whose actual innocence was determined by judicial relief issued consistent with subdivision (a)(1) of this section prior to the effective date of this act.

Sec. 2.  PRESERVATION OF EVIDENCE STUDY COMMITTEE

(a)  A committee is established for the purpose of studying issues related to the preservation of evidence in criminal cases.

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

(1)  one member appointed by the executive director of the department of state’s attorneys and sheriffs, who shall be the chair of the committee;

(2)  one district court clerk appointed by the court administrator;

(3)  one member appointed by the attorney general;

(4)  one member appointed by the Vermont police association;

(5)  a state trooper appointed by the state police bargaining unit of the Vermont state employees’ association;

(6)  one member appointed by the commissioner of public safety;

(7)  the executive director of the Vermont crime lab or designee;

(8)  the defender general;

(9)  one member appointed by the defender general; and

(10)  a staff public defender appointed by the defender general.

(c)  The committee shall consider the following:

(1)  Current statewide policies regarding the preservation of evidence in criminal cases, and whether a statewide policy should be adopted;

(2)  Current policies in local jurisdictions regarding the preservation of evidence in criminal cases, and whether these policies are consistent with one another and with relevant statewide policies;

(3)  Best practices regarding the preservation of evidence in criminal cases;

(4)  The appropriate duration for preservation of evidence, with specific consideration of whether evidence should be preserved while a convicted person is incarcerated or while the person is under other forms of state supervision;

(5)  Whether and how advances in DNA testing technology should effect policies concerning preservation of evidence;

(6)  Whether current facilities provide enough space to preserve the evidence that needs to be preserved; and   

(7)  Whether there should be one central, statewide repository for evidence collected in criminal cases.

(d)  The committee shall have the assistance and cooperation of all state and local agencies and departments.  The committee shall consult with the Innocence Project and with crime victims’ organizations, and may consult with the senate and house committees on judiciary.  The department of public safety shall provide professional and administrative support for the committee. 

(e)  The committee shall report its findings and recommendations, including proposals for legislative action, to the senate and house committees on judiciary no later than December 15, 2007 whereupon the committee shall cease to exist.

(Committee vote: 5-0-0)

Reported favorably by Senator Sears for the Committee on Appropriations.

(Committee vote: 5-0-2)

S. 78

An act relating to having the cost of picking up and hauling milk paid by the purchaser.

Reported favorably with recommendation of amendment by Senator Giard for the Committee on Agriculture.

The Committee recommends that the bill be amended as follows:

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

(1)  6 V.S.A. § 2676 dictates that the ownership of milk passes from the farmer to the buyer when the milk is transferred from a farm tank to a tank truck.

and by renumbering the remaining subdivisions to be numerically correct

Second: In Sec. 3, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c)  The emergency rule shall take effect when, by rule, legislation, or other agreement, two other states in Northeast Marketing Area, Federal Order 1, have accomplished the purpose of this act or on January 1, 2008, whichever comes first.

(Committee vote: 5-0-0)

Concurrent Resolutions

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

SENATE CONCURRENT RESOLUTIONS

S.C.R. 10.

     Senate concurrent resolution honoring Representative Albert and Marcia Perry for their civic contributions to their community, state and nation.

S.C.R. 11.

     Senate concurrent resolution honoring Marcia McGlynn for her public service on behalf of the town of Woodbury.

HOUSE CONCURRENT RESOLUTIONS

H.C.R.  48.

House concurrent resolution congratulating Ernie Farrar on his 40th anniversary of broadcasting on WVMT radio.

H.C.R.  49

House concurrent resolution honoring Carole Lechthaler on her retirement as the outstanding area director of the central region of the Visiting Nurse Association & Hospice of Vermont and New Hampshire.

H.C.R.  50.

House concurrent resolution honoring Pat Richardson for her dedicated public service in the town of Hartland.

H.C.R.  51.

House concurrent resolution honoring former Representative and retiring Sergeant-at-Arms Kermit Spaulding of Stowe for his outstanding public service on behalf of all Vermonters.

H.C.R.  52.

House concurrent resolution honoring the Wallingford Locker and its owners, Paul and Justin Courcelle.

H.C.R.  53.

House concurrent resolution honoring the community spirit of the Rutland city fire department.

H.C.R.  54.

House concurrent resolution honoring J. Douglas Webb for his life of community service in the town of Fairfax and in Franklin County.


H.C.R.  55.

House concurrent resolution in memory of Lance Cpl. Kurt Edward Dechen of Springfield.

H.C.R.  56.

House concurrent resolution congratulating Jeremy Russo of Rupert on his designation as a national Outstanding Young Farmer semifinalist.

H.C.R.  57.

House concurrent resolution in memory of John D. Flory Jr.

H.C.R.  58.

House concurrent resolution honoring Alice Sturgeon for her community service in Georgia.

H.C.R.  59.

House concurrent resolution honoring Arlo Sterner for his outstanding public service in Lamoille County and in the towns of Morrisville and Wolcott.

H.C.R.  60.

House concurrent resolution congratulating the Great Falls Regional Chamber of Commerce on its 50th anniversary.

H.C.R.  61.

House concurrent resolution congratulating Norwich University ice hockey coach Michael McShane on his 500th collegiate victory.

H.C.R.  62.

House concurrent resolution honoring Mary Lou Raymo for her superb public service in the town of Dover.

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 Britt of South Burlington - Member of the Vermont Economic Development Authority - By Sen. Condos for the Committee on Finance.  (1/25)

David E. L. Brown of Shelburne - Member of the Board of Libraries - By Sen. Giard for the Committee on Education.  (1/31)

John Rosenthal of Charlotte - Member of the Board of Libraries - By Sen. Doyle for the Committee on Education.  (1/31)

Kenneth Gibbons of Hyde Park - Member of the Vermont Educational and Health Buildings Finance Agency - By Sen. McCormack for the Committee on Finance.  (2/2)

David R. Coates of Colchester - Member of the Municipal Bond Bank - By Sen. Condos for the Committee on Finance.  (2/21)

Paul. Beaulieu of Manchester Center - Member of the Vermont Housing Finance Agency - By Sen. Maynard for the Committee on Finance.  (2/21)

Robert D. Hofmann of Waterbury – Commissioner of the Department of Corrections – By Sen. Scott for the Committee on Institutions.  (2/23)

Michael K. Smith of Essex Junction - Secretary of the Agency of Administration - By Sen. Doyle for the Committee on Government Operations.  (3/1)

REPORTS ON FILE

Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:

     112.  Weighting for Secondary and Elementary Students 2007 Report on Act 182, Section 20(a).  (Department of Education, Finance Division)  (February 2007).

     113.  CHANGE - The Implementation of Act 114 at the Vermont State Hospital Report.  (Agency of Human Services, Department of Health, Division of Mental Health)  (February 2007).

     114.  Aquatic Nuisance Sticker Program Legislative Report.  (Agency of Natural Resources, Department of Environmental Conservation)  (February 2007).

     115.  Environmental Contingency Fund Status Report for fiscal year 2006.  (Department of Environmental Conservation)  (February 2007).

     116.  Human Rights Commission Annual Report.  (February 2007).

     117.  Equipment Revolving Fund Report.  (Agency of Administration)  (February 2007).



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us