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Senate Calendar

thursday, april 26, 2007

114th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CALLED UP

House Proposal of Amendment

S. 120     Wine tastings and farmers’ markets................................................. 1029


UNFINISHED BUSINESS OF WEDNESDAY, APRIL 25, 2007

Second Reading

Favorable with Proposal of Amendment

H. 518    Relating to technical tax amendments............................................... 1030

                        Finance Committee Report.................................................... 1030

                        Sen. Mullin amendment.......................................................... 1031

NEW BUSINESS

Third Reading

S. 108     Election for statewide & national offices by inst. Runoff voting.......... 1032

Favorable with Proposal of Amendment

H. 274    Relating to adult foster care............................................................. 1032

                        Health and Welfare Committee Report................................... 1032

                        Finance Committee Report.................................................... 1033

H. 368    Relating to regulation of professions and occupations....................... 1033

                        Government Operations Committee Report............................ 1033

                        Finance Committee Report.................................................... 1034

                        Appropriations Committee Report......................................... 1034

House Proposal of Amendment

S. 13       Relating to idling motor vehicle engines on school property............... 1034

S. 173     Awarding high school diplomas to veterans of the Vietnam era......... 1035


NOTICE CALENDAR

Favorable

H. 48      So. Burl. regarding sales, rooms, meals & alcoholic beverage tax..... 1035

                        Government Operations Committee Report............................ 1035

H. 88      Relating to education property tax rate adjustments.......................... 1035

                        Finance Committee Report.................................................... 1035

H. 529    Establishing the town line between Burke and Kirby........................ 1035

                        Government Operations Committee Report............................ 1035

Favorable with Recommendation of Amendment

Favorable with Proposal of Amendment

H. 78      Reconsideration or rescission of votes in local elections.................... 1035

                        Government Operations Committee Report............................ 1036

H. 91      Relating to the Rozo McLaughlin farm to school program................. 1036

                        Education Committee Report................................................. 1036

H. 229    Corrections and clarifications to the health care affordability act....... 1037

                        Health and Welfare Committee Report................................... 1037

                        Finance Committee Report.................................................... 1044

H. 294    Relating to executive branch fees..................................................... 1045

                        Finance Committee Report.................................................... 1045

H. 380    Relating to the regulation of health care facilities............................... 1059

                        Health and Welfare Committee Report................................... 1059

H. 534    Relating to prekindergarten education.............................................. 1062

                        Education Committee Report................................................. 1062

JRS 24   Relating to federal “fast track” process for congressional review of ..........                   international trade agreements       1066

ORDERED TO LIE

S. 70       Empowering municipalities to regulate application of pesticides......... 1067


S. 102     Decreasing percentage to determine school dist. excess spending..... 1067

S. 118     Fiscal review of high spending districts & special education.............. 1067

Concurrent Resolutions for Notice

(For text of Resolutions, see Calendar Addendum for April 26, 2007)

HCR 123  In memory of Elizabeth Daley Jeffords............................................ 203

HCR 124  Congratulating the Vermont Frost Heaves....................................... 204



 

ORDERS OF THE DAY

ACTION CALENDAR

CALLED UP

House Proposal of Amendment

S. 120

An act relating to wine tastings and farmers’ markets.

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

The House proposes to the Senate to amend the bill as follows:

     First:  By striking  Sec. 2. and inserting in lieu thereof the following:

Sec. 2.  7 V.S.A. § 67 is amended to read:

§ 67. WINE TASTINGS; PERMIT; PENALTIES

(a)  Provided an applicant submits to the department of liquor control a written application in a form required by the department accompanied by the permit fee as required by subdivision 231(15) of this title at least 15 days prior to the date of the wine tasting event and the applicant is determined to be in good standing, the department of liquor control may grant a permit to conduct a wine tasting event to:

* * *

(2)  A licensed manufacturer or rectifier of vinous beverages.  The permit authorizes the permit holder to dispense vinous beverages produced by the manufacturer or rectifier to retail customers of legal age for consumption on the premises of a second class licensee or at a farmers’ market.  Pursuant to this permit, a manufacturer or rectifier may conduct no more than one tasting a day on the premises of a second class licensee.  No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees and no more than 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.

(3)  A licensed manufacturer or rectifier of vinous beverages with a fourth class or farmers’ market license.  The permit authorizes licenses authorize the licensee to dispense, with or without charge, vinous beverages by the glass, not to exceed two ounces per product and a total of eight ounces to a retail customer of legal age for consumption on the licensee’s premises or at a farmers’ market.

(b) A wine tasting event held pursuant to this section, not to include wine tasting events conducted on the premises of a manufacturer or rectifier or on the premises of a fourth class licensee pursuant to subdivision (a)(3) of this section or a promotional tasting promotional tastings pursuant to subdivision (d)(1) of this section:

* * *

(d) Promotional wine tasting.

(1) At the request of a holder of a first class or second class license, a holder of a manufacturer's, rectifier's, or wholesale dealer's license may distribute without charge to the first or second class licensee's management and staff, provided they are of legal drinking age, two ounces per person of vinous beverages for the purpose of promoting the beverage. No permit is required under this subdivision, but written notice of the event shall be provided to the department of liquor control at least 10 five days prior to the date of the tasting.

* * *

(3)  At the request of a holder of a wholesale dealer’s license, a first class licensee may dispense malt or vinous beverages for promotional purposes without charge to invited management and staff of first, second, or third class licensees, provided they are of legal drinking age.  The event shall be held on the premises of the first class licensee.  The first class licensee shall be responsible for complying with all applicable laws under this title. No permit is required under this subdivision, but the wholesale dealer shall provide written notice of the event to the department  of liquor control at least 10 days prior to the date of the tasting.

     Second:  By adding a new Sec. 3 to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.

UNFINISHED BUSINESS OF WEDNESDAY, APRIL 25, 2007

Second Reading

Favorable with Proposal of Amendment

H. 518

An act relating to technical tax amendments.

Reported favorably with recommendation of proposal of amendment by Senator Maynard 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. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:

Sec. 4.  32 V.S.A. § 5941(a) and (b) are amended to read:

(a)  The court shall include in any judgment a notice that any unpaid amounts shall amount of a fine, penalty, surcharge, or fee, but not damages, may be certified to the department for a setoff on the judgment debtor’s income tax refund and property tax adjustment under chapter 154 of this title, and the notice shall explain how the judgment debtor may challenge the certification.

(b) Sections 5934(c) and 5936 of this title, relating to the procedure for contesting the debt, shall not apply to a court seeking information setoff from a judgment debtor under this subchapter.

     Second:  In Sec. 9, 32 V.S.A., §6061 in the first line of subsection (14), by striking through the word "municipality's" as follows:  "municipality's"

     Third:  In Sec. 9, 32 V.S.A. §6061 subsection (14) by striking out the word “subdivsion” and inserting in lieu thereof subdivision

(Committee Vote: 6-0-1)

(No House amendments)

PROPOSAL OF AMENDMENT TO H. 518 TO BE OFFERED BY SENATOR MULLIN

Senator Mullin moves that the Senate propose to the House to amend the bill by adding new Secs. 11a, 11b and in Sec. 12 by adding subsection (4) to read as follows:

Sec. 11a. PAYMENT OF 2007 PROPERTY TAX ADJUSTMENT CLAIMS

     Notwithstanding any other provision of law, a property tax adjustment amount due under Chapter 154 of Title 32 for a claim filed in 2007 shall not be paid or credited to a municipality for adjustment to the property tax bill, but shall be paid to the claimant by the commissioner within 45 days after the claim is filed but no earlier than July 1, 2007.

Sec. 11b.  32 V.S.A. § 6066a(g) is added to read:

(g)  A claimant may elect to receive the property tax adjustment amount as an income tax refund, in lieu of a credit against the homestead property tax liability.  Payments to claimants electing under this subdivision shall be made by the commissioner within 45 days after the claim is filed but no earlier than July 1 following the date the claim is filed.

Sec. 12.  EFFECTIVE DATES

(4)  Sec. 11b of this act (optional cash payment of property tax adjustment amount) shall apply to claims filed in 2008 and after.

NEW BUSINESS

Third Reading

S. 108

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

Second Reading

Favorable with Proposal of Amendment

H. 274

An act relating to adult foster care.

Reported favorably with recommendation of proposal of amendment by Senator Racine for the Committee on Health and Welfare.

The Committee recommends that the Senate propose to the House to amend the bill by adding Secs. 3 and 4 to read as follows:

Sec. 3.  32 V.S.A. § 6061(5)(C) is amended to read:

(C)  without the inclusion of: any gifts from nongovernmental sources other than those described in subdivision (B) of this subdivision (5); surplus food or other relief in kind supplied by a governmental agency; or the first $6,500.00 of income earned by a full‑time student who qualifies as a dependent of the claimant under the federal Internal Revenue Code; the first $6,500.00 of income received by a person who qualifies as a dependent of the claimant under the Internal Revenue Code and who is the claimant’s parent or disabled adult child; or payments made by the state pursuant to chapters 49 and 55 of Title 33 for foster care, or the first $6,500.00 of payments made by the state or an agency designated in section 8907 of Title 18 for flexible family funding or difficulty of care payments made to an individual for the support of an eligible person with a developmental disability as defined in subdivision 8722(2) of Title 18 for adult foster care or to a family for the support of an eligible person with a developmental disability.  If the commissioner determines, upon application by the claimant, that a person resides with a claimant who is disabled or was at least 62 years of age as of the end of the year preceding the claim, for the primary purpose of providing attendant care services (as defined in section 6321 of Title 33) or homemaker or companionship services, with or without compensation, which allow the claimant to remain in his or her home or avoid institutionalization, the commissioner shall exclude that person’s modified adjusted gross income from the claimant’s household income.  The commissioner may require that a certificate in a form satisfactory to the commissioner be submitted which supports the claim.

Sec. 4.  EFFECTIVE DATE

Sec. 3 of this act shall apply to claims filed in 2008 and after.

(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 Health and Welfare and that the bill be further amended by adding new Secs. 5 and 6 to read as follows:

Sec. 5.  Sec. 14(b) of No. 185 of the Acts of 2005, Adjourned Session, is amended to read:

Sec. 14.  AMENDMENT OF MODIFIED ADJUSTED GROSS INCOME TRANSITION AND EFFECTIVE DATE

 (b)  Any tax assessments, including any penalties, 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 and any refund due to a claimant shall be paid with interest, in accordance with 32 V.S.A. § 3108.

Sec. 6.  EFFECTIVE DATE

     Sec. 5 of this act (abatement of penalties and payment of interest) shall be effective retroactively, as of May 25, 2006.

(Committee Vote: 7-0-0)

(No House amendments.)

H. 368

An act relating to the regulation of professions and occupations.

Reported favorably with recommendation of proposal of amendment by Senator White for the Committee on Government Operations.

The Committee recommends that the Senate propose to the House to amend the bill by adding a new section to be numbered Sec. 78 to read as follows:

Sec. 78.  BOARD OF PUBLIC ACCOUNTANCY; RULEMAKING

No later than August 1, 2007, the board of public accountancy shall initiate rulemaking pursuant to chapter 25 of Title 3 to amend the board’s existing attest and audit experience requirements by filing proposed rules with the secretary of state.  The amended rules shall reflect applicant experience in non-public accounting settings and competency in the application of audit and attest techniques.  The board shall report its progress to the house and senate committees on government operations by January 15, 2008.

(Committee Vote: 5-0-0)

Reported without recommendation by Senator Condos for the Committee on Finance.

(Committee vote: 6-0-1)

Reported favorably by Senator Bartlett for the Committee on Appropriations.

(Committee vote: 6-0-1)

(No House amendments.)

House Proposals of Amendment

S. 13

An act relating to idling motor vehicle engines on school property.

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

Sec. 1.  23 V.S.A. § 1282(f) is added to read:

(f)  Subject to department of education rules, which may provide for limited idling in cold or otherwise inclement weather or to ensure the safety of students, the operator of a school bus shall not idle the engine while waiting for children to board or to exit the vehicle at a school and shall not start the engine until ready to leave the school premises.  The department, in consultation with the agency of natural resources, the department of health, and the department of motor vehicles, shall adopt rules to implement this subsection.

Sec. 2.  SCHOOL BOARDS; VEHICULAR IDLING

Nothing in this act or in department of education rules shall prevent a school board from adopting idling policies for motor vehicles other than school buses when present on school premises.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.  The rules required by this act shall take effect beginning in the 2007–2008 academic year.

S.  173

An act relating to awarding high school diplomas to veterans of the Vietnam era.

The House proposes to the Senate to amend the bill in Sec. 1, by striking the following: from February 28, 1961 through May 7, 1975

NOTICE CALENDAR

Favorable

H. 48

An act relating to approval of amendment to the charter of the city of South Burlington authorizing the imposition of a sales, rooms, meals, and alcoholic beverage tax.

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

(Committee vote: 5-0-0)

(For House amendments, see House Journal for April 19, 2007, page 654.)

H. 88

An act relating to education property tax rate adjustments.

Reported favorably by Senator Condos for the Committee on Finance.

(Committee vote: 7-0-0)

(For House amendments, see House Journal for February 15, 2007, page 191.)

H. 529

An act relating to establishing the town line between Burke and Kirby.

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

(Committee vote: 5-0-0)

(No House amendments)

Favorable with Proposal of Amendment

H. 78

An act relating to reconsideration or rescission of votes in local elections.

Reported favorably with recommendation of proposal of amendment by Senator Coppenrath for the Committee on Government Operations.

The Committee recommends that the Senate propose to the House to amend the bill in Sec. 1, 17 V.S.A. § 2661, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(e)  At a meeting duly warned for the purpose, the voters of a municipality may require that a majority vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting.  A vote to require a percentage, or increase or decrease a percentage, shall be in substantially the following form:  “Shall the (name of municipality) require that the percentage of votes cast in favor of reconsideration or rescission exceed (percentage) of the number of votes cast for the prevailing side at the original meeting?”  Once the voters of a municipality have voted to require a percentage, that percentage shall remain in effect until the voters of the municipality vote to increase or decrease the percentage.

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for April 4, 2007, page 501.)

H. 91

An act relating to the Rozo McLaughlin farm-to-school program.

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

The Committee recommends that the Senate propose to the House to amend the bill in Sec. 2, 6 V.S.A. § 4722, by designating the existing paragraph as subsection (a) and by adding a subsection (b) to read as follows:

(b)  For the purposes of this section and section 4723 of this title, the secretary may provide funds to one or more technical assistance providers to provide farm to school education and teacher trainings to more school districts and to assist the secretary and commissioner of education to carry out farmer and food service worker trainings.

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for April 4, 2007, page 504.)


H. 229

An act relating to corrections and clarification to the health care affordability act of 2006 and related legislation.

Reported favorably with recommendation of proposal of amendment by Senator Mullin for the Committee on Health and Welfare.

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

First:  By striking out Sec. 11 and inserting a new Sec. 11 to read:

Sec. 11.  33 V.S.A. § 1974(b) and (c) are amended to read:

(b)  VHAP‑eligible premium assistance.

* * *

(3)  The agency shall determine whether it is cost‑effective to the state to enroll an individual in an approved employer‑sponsored insurance plan with the premium assistance under this subsection as compared to enrolling the individual in the Vermont health access plan. If the agency determines that it is cost‑effective, the individual shall be required to enroll in the approved employer‑sponsored plan as a condition of continued assistance under this section or coverage under the Vermont health access plan, except that dependents who are children of eligible individuals shall not be required to enroll in the premium assistance program.  Notwithstanding this requirement, an individual shall be provided benefits under the Vermont health access plan until the next open enrollment period offered by the employer or insurer.  The agency shall not consider the medical history, medical conditions, or claims history of any individual for whom cost‑effectiveness is being evaluated.

(c)  Uninsured individuals; premium assistance.

* * *

(5)  The agency shall determine whether it is cost‑effective to the state to require the individual to purchase the approved employer‑sponsored insurance plan with premium assistance under this subsection instead of Catamount Health established in section 4080f of Title 8 with assistance under subchapter 3a of chapter 19 of this title.  If providing the individual with assistance to purchase Catamount Health is more cost‑effective to the state than providing the individual with premium assistance to purchase the individual’s approved employer‑sponsored plan, the state shall provide the individual the option of purchasing Catamount Health with assistance for that product.  An individual may purchase Catamount Health and receive Catamount Health assistance until the approved employer‑sponsored plan has an open enrollment period, but the individual shall be required to enroll in the approved employer‑sponsored plan in order to continue to receive any assistance.  The agency shall not consider the medical history, medical conditions, or claims history of any individual for whom cost‑effectiveness is being evaluated.

Second:  By striking out Sec. 24 and inserting new Secs. 24 and 24a to read:

Sec. 24.  22 V.S.A. § 903 is added to read:

§ 903.  HEALTH INFORMATION TECHNOLOGY

(a)  The commissioner shall facilitate the development of a statewide health information technology plan that includes the implementation of an integrated electronic health information infrastructure for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients.  The plan shall include standards and protocols designed to promote patient education, patient privacy, physician best practices, electronic connectivity to health care data, and, overall, a more efficient and less costly means of delivering quality health care in Vermont.

(b)  The health information technology plan shall:

(1)  support the effective, efficient, statewide use of electronic health information in patient care, health care policymaking, clinical research, health care financing, and continuous quality improvements;

(2)  educate the general public and health care professionals about the value of an electronic health infrastructure for improving patient care;

(3)  promote the use of national standards for the development of an interoperable system, which shall include provisions relating to security, privacy, data content, structures and format, vocabulary, and transmission protocols;

(4)  propose strategic investments in equipment and other infrastructure elements that will facilitate the ongoing development of a statewide infrastructure;

(5)  recommend funding mechanisms for the ongoing development and maintenance costs of a statewide health information system, including funding options and an implementation strategy for a loan and grant program;

(6)  incorporate the existing health care information technology initiatives in order to avoid incompatible systems and duplicative efforts;

(7)  integrate the information technology components of the blueprint for health established in chapter 13 of Title 18, the global clinical record, and all other Medicaid management information systems being developed by the office of Vermont health access, information technology components of the quality assurance system, the program to capitalize with loans and grants electronic medical record systems in primary care practices, and any other information technology initiatives coordinated by the secretary of administration pursuant to section 2222a of Title 3; and

(8)  address issues related to data ownership, governance, and confidentiality and security of patient information.

(c)(1)  The commissioner shall contract with the Vermont information technology leaders (VITL), a broad‑based health information technology advisory group that includes providers, payers, employers, patients, health care purchasers, information technology vendors, and other business leaders, to develop the health information technology plan, including applicable standards, protocols, and pilot programs.  In carrying out their responsibilities under this section, members of VITL shall be subject to conflict of interest policies established by the commissioner to ensure that deliberations and decisions are fair and equitable.

(2)  VITL shall be designated in the plan to operate the exclusive statewide health information exchange network for this state, notwithstanding the provisions of subsection (g) of this section requiring the recommendation of the commissioner and the approval of the general assembly before the plan can take effect.  Nothing in this section shall impede local community providers from the exchange of electronic medical data.

(d)  The following persons shall be members of VITL:

(1)  the commissioner, who shall advise the group on technology best practices and the state’s information technology policies and procedures, including the need for a functionality assessment and feasibility study related to establishing an electronic health information infrastructure under this section;

(2)  the director of the office of Vermont health access or his or her designee;

(3)  the commissioner of health or his or her designee; and

(4)  the commissioner of banking, insurance, securities, and health care administration or his or her designee.

(e)  On or before July 1, 2006, VITL shall initiate a pilot program involving at least two hospitals using existing sources of electronic health information to establish electronic data sharing for clinical decision support, pursuant to priorities and criteria established in conjunction with the health information technology advisory group.

(1)  Objectives of the pilot program shall include:

(A)  supporting patient care and improving quality of care;

(B)  enhancing productivity of health care professionals and reducing administrative costs of health care delivery and financing;

(2)  Objectives of the pilot program may include:

(A)  determining whether and how best to expand the pilot program on a statewide basis;

(B)  implementing strategies for future developments in health care technology, policy, management, governance, and finance; and

(C)  ensuring patient data confidentiality at all times.

(f)  The standards and protocols developed by VITL shall be no less stringent than the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and any subsequent amendments.  In addition, the standards and protocols shall ensure that there are clear prohibitions against the out‑of‑state release of individually identifiable health information for purposes unrelated to treatment, payment, and health care operations, and that such information shall under no circumstances be used for marketing purposes.  The standards and protocols shall require that access to individually identifiable health information is secure and traceable by an electronic audit trail.

(g)  On or before January 1, 2007, VITL shall submit to the commission on health care reform, the secretary of administration, the commissioner, the commissioner of banking, insurance, securities, and health care administration, the director of the office of Vermont health access, the senate committee on health and welfare, and the house committee on health care a preliminary health information technology plan for establishing a statewide, integrated electronic health information infrastructure in Vermont, including specific steps for achieving the goals and objectives of this section.  A final plan shall be submitted July 1, 2007.  The plan shall include also recommendations for self‑sustainable funding for the ongoing development, maintenance, and replacement of the health information technology system.  Upon recommendation by the commissioner and approval by the general assembly, the plan shall serve as the framework within which certificate of need applications for information technology are reviewed under section 9440b of Title 18 by the commissioner.

(h)  Beginning January 1, 2006, and annually thereafter, VITL shall file a report with the commission on health care reform, the secretary of administration, the commissioner, the commissioner of banking, insurance, securities, and health care administration, the director of the office of Vermont health access, the senate committee on health and welfare, and the house committee on health care.  The report shall include an assessment of progress in implementing the provisions of this section, recommendations for additional funding and legislation required, and an analysis of the costs, benefits, and effectiveness of the pilot program authorized under subsection (e) of this section, including, to the extent these can be measured, reductions in tests needed to determine patient medications, improved patient outcomes, or reductions in administrative or other costs achieved as a result of the pilot program.  In addition, VITL shall file quarterly progress reports with the secretary of administration and the health access oversight committee and shall publish minutes of VITL meetings and any other relevant information on a public website.

(i)  VITL is authorized to seek matching funds to assist with carrying out the purposes of this section.  In addition, it may accept any and all donations, gifts, and grants of money, equipment, supplies, materials, and services from the federal or any local government, or any agency thereof, and from any person, firm, or corporation for any of its purposes and functions under this section and may receive and use the same, subject to the terms, conditions, and regulations governing such donations, gifts, and grants.

(j)  The commissioner, in consultation with VITL, may seek any waivers of federal law, of rule, or of regulation that might assist with implementation of this section.

(k)  VITL, in collaboration with the commissioner, health insurers, the Vermont Association of Hospitals & Health Systems, Inc., and other departments and agencies of state government, shall establish a loan and grant program to provide for the capitalization of electronic health records systems in blueprint communities and at primary care practices serving low income Vermonters.  Health information technology acquired under a grant or loan authorized by this section shall comply with data standards for interoperability adopted by VITL and the state health information technology plan.  An implementation plan for this loan and grant program shall be incorporated into the state health information technology plan.

Sec. 24a.  HEALTH INFORMATION TECHNOLOGY INTERIM FUND AND ELECTRONIC HEALTH RECORD PILOT PROGRAM

(a)  Purpose.  It is the intent of the general assembly that use of electronic health records for all Vermonters shall be promoted and encouraged.  The general assembly recognizes that the use and sharing of electronic health records have the potential to improve the quality of care delivered to Vermonters and, in the long term, to help contain increases in the costs of medical care.  Since many providers, especially primary care providers serving low income Vermonters, lack the capital to acquire the information technology necessary to implement electronic health records for their patients, a financing program is needed to facilitate the adoption of electronic health record use by providers. 

(b)  For the purposes of this section:

(1)  “Commissioner” shall mean the commissioner of the department of information and innovation.

(2)  “Department” shall mean the department of information and innovation.

(3)  “Pilot site” shall mean a blueprint community and primary care providers serving low income Vermonters in other communities. 

(c)  Vermont information technology leaders shall establish a health information technology fund which shall be used only during the duration of the electronic health record pilot program described in this section.  The interim fund shall be used for the purposes of:

(1)  encouraging and facilitating the development and utilization of electronic health records by pilot sites; and

(2)  promoting the sharing of electronic health records using the Vermont health information infrastructure created and managed by the Vermont health information technology leaders. 

(d)  VITL and the secretary of administration shall engage in activities designed to achieve the goal of raising at least $1 million for the interim fund created by this section and shall seek to raise these funds from a broad range of stakeholders who would benefit from electronic health records, including commercial health insurers, in relation to the number of insured and self‑insured lives each services in Vermont, the Vermont Association of Hospitals & Health Systems, Inc., self‑insured employers, other payers, and other sources.  On or before September 1, 2007, VITL and the secretary of administration shall report the results of the fundraising activities to the house committee on health care, the senate committee on health and welfare, and the commission on health care reform. 

(e)  On or before October 1, 2007, VITL shall issue a request for proposals:

(1)  to provide computer software or systems, or both, in connection with the development and implementation of a system to enable electronic health records use by pilot sites; and

(2)  for implementation‑consulting vendors to assist pilot sites with related training and system configuration support and upgrades to enable the implementation and use of electronic health record systems.  

(f)  On or before November 1, 2007, VITL shall establish criteria and award conditions for the selection of pilot sites. 

(g)  On or before January 1, 2008, VITL shall commence awarding pilot sites licenses to implement electronic health record systems, making use of the vendors selected in the process described in subsection (e) of this section. 

(h)  VITL shall include in the annual report required pursuant to section 9417 of Title 18 information concerning the interim fund and pilot program created pursuant to this section and shall additionally provide that report to the commissioner of health.  Information in the report concerning this program shall include:

(1)  an assessment of progress in implementing the provisions of this section including the acceptance of electronic health record use by providers, patients, and payers;

(2)  recommendations for additional funding and legislation required; and

(3)  an analysis of the costs, benefits, and effectiveness of the health information technology fund.   

(i)  VITL may use a portion of the interim fund for its costs in implementing and managing the electronic health record pilot program.

Third:  In Sec. 27, 21 V.S.A. § 2002(6) by striking “25” and inserting in lieu thereof “30

Fourth:  By adding Secs. 32–35 as follows:

Sec. 32.  3 V.S.A. § 2222a(c)(2) is amended to read:

(2)  The Vermont health information technology project pursuant to section 9417 of Title 18 903 of Title 22.

Sec. 33.  18 V.S.A. § 9416(a) is amended to read: 

(a)  The commissioner shall contract with the Vermont Program for Quality in Health Care, Inc. to implement and maintain a statewide quality assurance system to evaluate and improve the quality of health care services rendered by health care providers of health care facilities, including managed care organizations, to determine that health care services rendered were professionally indicated or were performed in compliance with the applicable standard of care, and that the cost of health care rendered was considered reasonable by the providers of professional health services in that area.  The commissioner shall ensure that the information technology components of the quality assurance system are incorporated into and comply with the statewide health information technology plan developed under section 9417 of this title 903 of Title 22 and any other information technology initiatives coordinated by the secretary of administration pursuant to section 2222a of Title 3.

Sec. 34.  18 V.S.A. § 9437 is amended to read: 

§ 9437.  CRITERIA

A certificate of need shall be granted if the applicant demonstrates and the commissioner finds that:

* * *

(7)  if the application is for the purchase or lease of new health care information technology, it conforms with the health information technology plan established under section 9417 of this title 903 of Title 22, upon approval of the plan by the general assembly.

Sec. 35.  18 V.S.A. § 9440b is amended to read: 

§ 9440b.  INFORMATION TECHNOLOGY; REVIEW PROCEDURES

Notwithstanding the procedures in section 9440 of this title, upon approval by the general assembly of the health information technology plan developed under section 9417 of this title 903 of Title 22, the commissioner shall establish by rule standards and expedited procedures for reviewing applications for the purchase or lease of health care information technology that otherwise would be subject to review under this subchapter.  Such applications may not be granted or approved unless they are consistent with the health information technology plan and the health resource allocation plan.  The commissioner’s rules may include a provision requiring that applications be reviewed by the health information advisory group authorized under subsection 9417(c) of this title section 903 of Title 22.  The advisory group shall make written findings and a recommendation to the commissioner in favor of or against each application.

(Committee Vote: 6-0-0)

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 by as recommended by the Committee on Health and Welfare and recommend that the bill be further amended in Sec. 27, 21 V.S.A. § 2002(3) by striking out the following:  “under either a private or a public plan” and inserting in lieu thereof the following:  under either a private plan or any public plan that is not supported by state funding

(Committee Vote: 6-0-0)

(For House amendments, see House Journal for April 4, 2007, page 507.)

H. 294

An act relating to executive branch fees.

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

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

* * * Department of Health * * *

      First:  By adding two new sections to be numbered Secs. 11a and 11b to read as follows:

Sec. 11a.  18 V.S.A. § 1752(c) is amended to read:

(c)  The commissioner shall certify risk assessors, designers, laboratories, inspectors, lead-safe renovation contractors, lead contractors, supervisors, abatement workers, and other persons engaged in lead-based paint activities when such persons have successfully completed an accredited training program and met such other requirements as the secretary may, by rule, impose.

Sec. 11b.  18 V.S.A. § 1753 is amended to read:

§ 1753.  ACCREDITATION AND LICENSE FEES

(a)  The commissioner shall assess fees for accrediting training programs and for certifications, licenses, and license renewals issued in accordance with this chapter.  Fees shall not be imposed on any state or local government or nonprofit training program and may be waived for the purpose of training state employees.

(b)  Each accredited training program and licensee shall be subject to the following fees:

Training courses                          $400.00 $480.00 per year

Lead contractors                                     $500.00 $600.00 per year

Lead workers                                         $ 50.00 $60.00 per year

Supervisors                                             $100.00 $120.00 per year

Inspectors                                               $150.00 $180.00 per year

Risk assessors                                         $150.00 $180.00 per year

Designers                                                $150.00 $180.00 per year

Laboratories                                           $500.00 $600.00 per year

Lead-safe renovation contractors $50.00 per year

(c)  Each lead abatement permitted project shall be subject to the following fees:

(1)  Lead abatement permit fee                $50.00

(2)  Lead abatement permit revision         $25.00

(d)  Fees imposed by this section shall be deposited into the lead paint abatement accreditation and licensing special fund.  Monies in the fund may be used by the commissioner only to support departmental accreditation, certification, and licensing activities related to this chapter.  The fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32.

* * * Department of Labor * * *

      Second:  By adding a new section to be numbered Sec. 22a to read as follows:

Sec. 22a.  33 V.S.A. § 504(a)(2) is amended to read:

(2)  Federally funded vocational rehabilitation and independent living services for persons with disabilities in accordance with the Rehabilitation Act.  The division of vocational rehabilitation may contract with clients at up to $51.00 per year per employee, or may charge up to $70.00 per hour, for services rendered by the employee assistance program.  The division shall charge $160.00 for each injured worker screening defined in the department of labor rules.  Fees shall be retained by the division.

* * *BISHCA* * *

      Third:  By striking out Sec. 23 in its entirety and inserting in lieu thereof a new Sec. 23 to read as follows:

Sec. 23.  9 V.S.A. § 5302 is amended to read:

§ 5302.  NOTICE FILING

(a)  With respect to a federal covered security, as defined in 15 U.S.C. § 77r(b)(2), that is not otherwise exempt under sections 5201 through 5203 of this chapter, a rule adopted or an order issued under this chapter may require the filing of any or all of the following records:

(1)  before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a et seq. and a consent to service of process complying with section 5611 of this chapter signed by the issuer and the payment of a registration fee as set forth in subsection (d)(e) of this section;

(2)  after the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a et seq.; and

(3)  to the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state in such form and at such time as the commissioner may prescribe if the state‑specific sales data are not included and available in records filed with the Securities and Exchange Commission.

(b)  A notice filing under subsection (a) of this section is effective for one year from the date the notice filing is accepted as complete by the office of the commissioner.  On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule or order under this chapter to be filed and by paying an annual renewal fee as set forth in subsection (d)(e) of this section.  A previously filed consent to service of process complying with section 5611 of this chapter may be incorporated by reference in a renewal.  A renewed notice filing becomes effective upon the expiration of the filing being renewed.

(c)  With respect to a security that is a federal covered security under 15 U.S.C. § 77r(b)(4)(D), a rule under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with section 5611 of this chapter signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee as set forth in subsection (d)(e) of this section.

(d)  Subject to the provisions of 15 U.S.C. § 77r(c)(2) and any rules adopted thereunder, with respect to any security that is a federal covered security under 15 U.S.C. § 77r(b)(3) or (4)(A)–(C) and that is not otherwise exempt under sections 5201–5203 of this chapter, a rule adopted or order issued under this chapter may require any or all of the following with respect to such federal covered securities, at such time as the commissioner may deem appropriate:

(1)  the filing of documents as deemed appropriate by the commissioner;

(2)  the filing of a consent to service of process complying with section 5611 of this chapter; and

(3)  the payment of fees as set forth in subsection (e) of this section, including but not limited to fees for renewal of a notice filing, as appropriate.  The notice filing shall be effective for one year from the date the notice filing is accepted as complete by the office of the commissioner.   

(e)  At the time of the filing of the information prescribed in subsections (a), (b), or (c), or (d) of this section, the issuer shall pay to the commissioner a fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the issuer is seeking to perfect a notice filing under this section, but in no case shall such fee be less than $400.00 nor more than $1,250.00.  If the notice filing is withdrawn or otherwise terminated, the commissioner shall retain the fee paid.  Open‑end investment companies subject to 15 U.S.C. § 80a‑1 et seq. shall pay an initial notice filing fee and annual renewal fee for each portfolio or class of investment company securities for which a notice filing is submitted. 

(e)(f)  Nothing in this section shall be construed to require the notice filing or payment of notice filing fees with respect to variable annuities or variable life insurance products.

(f)(g)  Except with respect to a federal covered security under 15 U.S.C.

§ 77r(b)(1), if the commissioner finds that there is a failure to comply with a notice or fee requirement of this section, the commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state.  If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the commissioner.

* * * Fish and Wildlife * * *

      Fourth:  In Sec. 26 by striking out all after the period and inserting in lieu thereof: “The tuition shall be $175.00.” and by adding a new Sec. 26a to read as follows:

Sec. 26a.  10 V.S.A. §4132(e) is amended to read:

(e) The commissioner, subject to the direction and approval of the secretary, shall adopt and publish regulations in the name of the agency for reasonable fees or charges for the use of the lands, roads, buildings, and other property, and the use of a tuition for the Green Mountain Conservation Camps, notwithstanding 32 V.S.A. § 603. Fees collected for the use of fish and wildlife lands and properties shall be deposited in the fish and wildlife fund.

* * * DEC * * *

Fifth:  By striking out Sec. 30 in its entirety and inserting in lieu thereof two new sections to be numbered Secs.30 and 30aa to read as follows:

Sec. 30.  3 V.S.A. § 2822(j) and (k) are amended to read:

(j)  In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the agency of natural resources.

* * *

(2)  For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $100.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (j)(2)(A)(iii)(III) and (IV) of this section subsection:

(A)  Application review fee

* * *

(iii)  Stormwater discharges.

* * *

(I)  Individual operating permit                          $300.00 $400.00 per acre

                     or application to operate                             impervious area;

                     under general operating                              minimum $150.00

                     permit for collected                                    per application.

                     stormwater runoff

                     which is discharged

                     Class B waters: original

                     application; amendment

                     for increased flows;

                     amendment for change

       in treatment process.

* * *

(III)  Individual permit or appli-                      $300.00 per

               cation to operate under                                     project for

               general permit for                                           construction

               construction activities;                                       projects five

               original application;                                       acres or greater

               amendment for increased                               in size; $30.00

               acreage.                                                           per project for     construction projects between one and five acres in size.

(aa)  Projects with low risk                        $30.00 per project;

to waters of the state.                                                    original application.

(bb)  Projects with                                     $250.00 per project;

moderate risk to waters of the state.                                      original application.

(cc)  Projects that                                     $500.00 per project;

require an individual permit.                                                     Original application.

* * *

(B)  Annual operating fee

* * *

(v)  Indirect discharge or under-

            ground injection control, exclud-

            ing stormwater discharges:

(I) Sewage

(aa) Individual permit           $385.00 plus $0.0317

$0.0617 per gallon of design capacity above 6,500 gpd. $350.00 minimum; maximum $27,500.00

(bb) Approval under                        $220.00

        general permit

(II) Nonsewage

(aa) Individual permit                       $0.013 $0.043 per gallon of design capacity. $100.00 minimum;

                                                                      maximum $5,500.00.

* * *

(4)  For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64:

(A)  Subdivision of land

 (i)  Original application; major            $0.50 per gallon

amendments.                                                              per lot of daily design flow of potable water or wastewater whichever is greater.Minimum per lot $210.00.

(I)  Municipal or private                 $0.25 per gallon per lot of

sewer system and public water supply.               design flow of potable

water or wastewater, whichever is greater.  Minimum per lot $105.00.

(II)  All other projects.            $0.50 per gallon per lot of design flow of potable water or wastewater, whichever is greater.  Minimum per lot $210.00.

(ii)  Minor amendments.           $50.00

(B)  Potable water supply or wastewater system

(i)  Original application or          $0.50 per gallon of

major amendment when both                            design flow of

potable water and wastewater                           potable water or

are being constructed. New or                          wastewater, which

replacement systems.                                        is greater. Minimum per

                                                   application $210.00.

                  Maximum per

                  application $15,000.00.

(I)  Municipal or private            $0.25 per gallon

sewer system and public water supply.                 per lot of design flow of

   potable water or wastewater,     whichever is greater.  Minimum per lot $105.00.  Maximum per application $15,000.00.

(II)  All other projects. $0.50 per gallon of design flow of potable water or wastewater, whichever is greater.  Minimum per application $210.00.  Maximum per application $15,000.00.

(ii)  Original application or            $0.30 per gallon of

 major amendment when either potable           design flow. Mini-

water daily or wastewater, but not both,         mum per application

is being constructed.                                       $210.00.

New or replacement systems.                         Maximum per application $15,000.00

(I)  Municipal or private          $0.15 per gallon per lot

sewer system and public water supply. of design flow.

                                            Minimum per lot $105.00. 

 Maximum per application     $15,000.00.

(II)  All other projects. $0.30 per gallon of design flow.

Minimum per application

$210.00.  Maximum per application $15,000.00.

(iii)  Original application or          $0.50 per gallon

major amendment when design                       of increased daily

flow of potable water or                                 design flow of

wastewater is increased but no                       potable water or

construction is required.                                  wastewater, which

                                                           is greater.  Minimum per

                                              application $135.00. Maximum per

                                              application $15,000.00.

(I)  Municipal or private          $0.25 per gallon of

sewer system and public water supply.            increased design flow of potable water or wastewater, whichever is greater.  Minimum per lot $67.50.  Maximum per application $15,000.00.

(II)  All other projects. $0.50 per gallon of increased design flow of potable water or wastewater, whichever is greater.  Minimum per application $135.00.  Maximum per application $15,000.00.

* * *

(5)  For well drillers licenses issued

under 10 V.S.A. chapter 48:                                         $105.00 $155.00 per year.

Fees shall be paid on an annual basis over the term of the license.

* * *

(7)  For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:

(A)  For public water supply construction permit applications: $275.00 $350.00 per application plus $0.0055 per gallon of design capacity.  Amendments $110.00 per application.

(B)  For water treatment plant applications, except those applications submitted by a municipality as defined in section 126 of Title 1 or a consolidated water district established under section 3342 of Title 24: $0.003 per gallon of design capacity. Amendments $110.00 per application.

(C) For source permit applications for community water systems: $615.00 $715.00 per source. Amendments $110.00 per application.

(D) For public water supplies and bottled water facilities, annually:

(i) Transient noncommunity:                       $45.00

(ii) Nontransient, noncommunity:                                        $0.0294 $0.0394 per 1,000 gallons of water produced          annually or $70.00,       whichever is greater.

(iii) Community:                                                                 $0.0295 per 1,000 gallons of water produced annually for fiscal year 2005; $0.0325 per 1,000 gallons

of water produced annually for fiscal year 2006; and $0.0359 $0.0409 per 1,000 gallons of water produced annually for fiscal          year 2007 and thereafter.

(iv) Bottled water:                                                          $550.00 $1,000.00 per permitted facility.

(E) Amendment to bottled water facility permit, $110.00 per application.

(F)  For permit applications for interim groundwater withdrawal permits:  $960.00 per facility.  Amendments $110.00 per application.

(G)  In calculating flow-based fees under this subsection, the secretary will use metered production flows where available.  When metered production flows are not available, the secretary shall estimate flows based on the standard design flows for new construction.

(G)(H)  The secretary shall bill public water supplies and bottled water companies for the required fee.  Annual fees may be divided into semiannual or quarterly billings.

(8)  For public water system operator certifications issued under 10 V.S.A. § 1674:

Class I IA and IB                     $40.00 per initial certificate or renewal.

                                                Fee is waived for operators who are permittees under the transient noncommunity water system general permit.

            All Other Classes                      $70.00 per initial certificate or renewal.

(9)(A)  For solid waste hauler permits issued under 10 V.S.A. § 6607a $25.00 $35.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste.  This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of the filing of the annual statement required by 10 V.S.A. § 6605f(m).

(B)  For hazardous waste hauler permits issued under 10 V.S.A. § 6607a: $100.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste.  This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of the filing of the annual statement required by 10 V.S.A. § 6605f(m).

* * *

(16)  For underground storage tank permits issued under 10 V.S.A.

chapter 59:                                                     $35.00 $135.00 per tank per year.

* * *

(25)  For hazardous waste generator registrations required by 10 V.S.A. § 6608(f).

(A)  small quantity generators           $40.00 $100.00 per year.

(B)  large quantity generators           $300.00 $500.00 per year.

* * *

(k)  Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) in addition shall pay fees for any emissions of the following types of hazardous air contaminants.  The following fees shall not be assessed for emissions resulting from the combustion of any fuels, except solid waste, in fuel burning or manufacturing process equipment.

(1)  Contaminants which cause short-term irritant effects--$0.008 per pound of emissions;

(2)  Contaminants which cause chronic systemic toxicity (low potency) -$0.084 $0.015 per pound of emissions;

(3)  Contaminants which cause chronic systemic toxicity (high potency) -$0.02 per pound of emissions;

(4)  Contaminants known or suspected to cause cancer (low potency) -$0.84 $0.55 per pound of emissions;

(4)(5)  Contaminants known or suspected to cause cancer (high potency) - $8.40 $10.00 per pound of emissions.

Sec. 30aa.  3 V.S.A. § 2805 is amended to read:

§ 2805.  ENVIRONMENTAL PERMIT FUND

There is hereby established a special fund to be known as the environmental permit fund for the purpose of implementing the programs specified under the provisions of 3 V.S.A. § 2822(i) and (j).  Revenues to the fund shall be those fees collected in accordance with 3 V.S.A. § 2822(i) and (j), and 10 V.S.A. § 2625 and gifts and appropriations. The secretary of natural resources shall be responsible for the fund and shall account for the revenues and expenditures of the agency of natural resources.  Any fee required to be collected under 3 V.S.A. § 2822(j)(1) shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23.  Any fee required to be collected under 3 V.S.A. § 2822(k), (l), or (m) for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23.  Fees collected pursuant to subsections 2822(k), (l), and (m) of this title shall be used by the secretary to fund activities related to the secretary's hazardous or toxic contaminant monitoring programs and motor vehicle-related programs.  Annually, $370,000.00 of funds collected under subdivisions 2822(j)(2)(A)(iii)(I), (2)(B)(v)(I)(aa), (5), (7)(B), (7)(C), (7)(D)(ii)-(iv), and (16) shall be used by the secretary to conduct groundwater mapping under chapter 48 of Title 10. The revenue dedicated to groundwater mapping under this section shall not revert to the general fund at the close of the fiscal year. The environmental permit fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32, except that any unencumbered environmental permit fund balance in excess of those fees collected under subdivision 2822(j)(1) and subsections (k), (l), and (m) of this title, and in excess of $350,000.00 from those fees collected from environmental permit fund sources other than subdivision 2822(j)(1) and subsections (k), (l), and (m) at the close of a fiscal year shall revert to the general fund.

      Sixth:  By striking out Secs. 30a and 30b in their entirety and inserting in lieu thereof a new section to be numbered Sec. 30a to read as follows:

Sec. 30a.  3 V.S.A. § 2822(i) is amended to read:

(i)  The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32.  In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710.  Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services, except that a municipality shall also be exempt from those fees for orphan stormwater systems prescribed in subdivision (j)(2)(A)(iii) of this section when the municipality agrees to become an applicant or co-applicant for an orphan stormwater system under section 1246c of title 10.

* * * Vermont Criminal Information Center * * *

      Seventh:  By adding a new section to be numbered Sec. 33b to read as follows:

Sec. 33b.  20 V.S.A. § 2063 is amended to read:

§ 2063.  CRIMINAL HISTORY RECORD FEES; CRIMINAL HISTORY   RECORD CHECK FUND

* * *

(b)  Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by state or federal law shall be exempt from all record check fees.  The following types of requests shall be exempt from the Vermont criminal record check fee:

* * *

(4)  Requests made by the Vermont state housing authority and other public housing authorities pursuant to 24 V.S.A § 4010(c).

* * *

* * * Agency of Transportation * * *

      Eighth:  By adding two new sections to be numbered Secs. 33c and 33d to read as follows:

Sec. 33c.  23 V.S.A. § 3502(b) is amended to read:

(b)  An all-terrain vehicle registration shall become void two years from the first day of the month following the month of issue  The provisions of section 305 of this title shall apply to a registration, except the registration of a vehicle registered under subsection 3504(b) of this title shall become void on the last day of February next following the date of issue.  The provisions of section 305 of this title shall apply to a registration.

Sec. 33d.  23 V.S.A. § 3504(a) is amended to read:

§ 3504.  REGISTRATION FEES AND PLATES

(a)  The registration fee for all-terrain vehicles other than as provided for in subsection (b) of this section is $35.00 $25.00.  Duplicate registration certificates may be obtained upon payment of $5.00 to the department.

* * * Department of Corrections * * *

      Ninth:  By adding a new section to be numbered Sec. 33e to read as follows:

Sec. 33e.  28 V.S.A. § 102(c) is amended to read:

(c)  The commissioner is charged with the following responsibilities:

* * *

(21)  The commissioner is authorized to contract for payment processing services for receiving deposits to inmate financial accounts.  The department, directly or through a processing agent, may assess a fee for deposits to each account so long as the fee does not exceed the costs incurred.

* * * Town Clerk Fees * * *

      Tenth:  By adding a new section to be numbered Sec. 33f to read as follows:

Sec. 33f.  32 V.S.A. § 1712(5) is amended to read:

(5)  $9.50 for each certified copy of birth, death, civil union, or marriage certificate Fees for vital records shall be equivalent to those received by the commissioner of health or the commissioner of buildings and general services pursuant to subsection 1715(a) of this title.

* * * Judiciary * * *

Eleventh:  By adding three new sections to be numbered Secs. 33g, 33h and 33i to read as follows:

Sec. 33g.  4 V.S.A. § 1105(b) is amended to read:

(b)  A person who is charged with a violation shall have 20 days from the date the complaint is issued to admit or deny the allegations or to state that he or she does not contest the allegations in the complaint.  The judicial bureau shall assess against a defendant a fee of $10.00 for failure to answer a complaint within the time allowed.  The fee shall be assessed in the default judgment and deposited in the court technology special fund established pursuant to section 27 of this title.

Sec. 33h.  4 V.S.A. § 1109(b) is added to read:

(b)  A judicial bureau judgment shall provide notice that a $15.00 fee shall be assessed for failure to pay within 30 days.  If the defendant fails to pay the amount due within 30 days, the fee shall be added to the judgment amount and deposited in the court technology special fund established pursuant to section 27 of this title.

Sec. 33i.  DEBT COLLECTION BY JUDICIARY

The court administrator is authorized to send a notice to defendants who have failed to pay judicial bureau and district court judgments issued prior to September 25, 2006 to inform them of the judiciary’s intent to collect the debt through any authorized means, and that the debt will be subject to procedures for tax setoffs under 32 V.S.A. § 5941.  Concurrent with providing the notice to the debtor, the judiciary shall assess a $10.00 collection fee which shall be added to the judgment amount and deposited in the court technology special fund established pursuant to section 27 of this title.  If the defendant satisfies the judgment within 20 days, the fee shall be waived.  The court administrator may charge the cost of preparing and sending the notice against revenues collected in this effort.  This authorization shall expire on June 30, 2009.

      Twelfth:  By striking out Sec. 34 in its entirety and inserting in lieu thereof a new Sec. 34 to read as follows:

Sec. 34.  EFFECTIVE DATES

(a)  This section and Secs. 1, 9, 22a, 23, 24, 25, and 33e shall take effect on passage.

(b)  Secs. 26, 27, 28, and 29 shall take effect on January 1, 2008.

(Committee Vote: 7-0-0)

(For House amendments, see House Journal for February 16, 2007, page 207.)

H. 380

An act relating to the regulation of health care facilities.

Reported favorably with recommendation of proposal of amendment by Senator Mullin for the Committee on Health and Welfare.

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

First:  By striking out Sec. 1 in its entirety and by inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 1854(a) is amended to read:

(a)  A hospital shall make public the maximum patient census and the number of registered nurses, licensed practical nurses, and licensed nursing assistants providing direct patient care in each unit during each shift.  The number of nurses shall be reported  Each unit’s information shall be reported in full-time equivalents, with either every eight hours or 12 hours worked by a registered nurse, licensed practical nurse, or licensed nursing assistant during the shift as one full-time equivalent.  The reporting of this information shall be in a manner consistent with the requirements for public reporting for measures of nurse staffing selected by the commissioner of banking, insurance, securities, and health care administration under subdivision 9405b(a)(12) of this title, but shall not in any way change what is required to be posted as set forth in this subsection.  Each unit's information shall be posted in a prominent place that is readily accessible to patients and visitors in that unit at least once each day.  The posting shall include the information for the preceding seven days.

Second:  By striking out Sec. 6 in its entirety and by inserting in lieu thereof the following:

Sec. 6.  18 V.S.A. § 9405(b) is amended to read:

(b)  On or before July 1, 2005, the commissioner, in consultation with the secretary of human services, shall submit to the governor a four-year health resource allocation plan. The plan shall identify Vermont needs in health care services, programs, and facilities; the resources available to meet those needs; and the priorities for addressing those needs on a statewide basis.

(1)  The plan shall include:

* * *

(C)  Consistent with the principles set forth in subdivision (A) of this subdivision (1), recommendations for the appropriate supply and distribution of resources, programs, and services identified in subdivision (B) of this subdivision (1), options for implementing such recommendations and mechanisms which will encourage the appropriate integration of these services on a local or regional basis. To arrive at such recommendations, the commissioner shall consider at least the following factors: the values and goals reflected in the state health plan; the needs of the population on a statewide basis; the needs of particular geographic areas of the state, as identified in the state health plan; the needs of uninsured and underinsured populations; the use of Vermont facilities by out-of-state residents; the use of out-of-state facilities by Vermont residents; the needs of populations with special health care needs; the desirability of providing high quality services in an economical and efficient manner, including the appropriate use of midlevel practitioners; the cost impact of these resource requirements on health care expenditures; the services appropriate for the four categories of hospitals described in subdivision 9402(12) of this title; the overall quality and use of health care services as reported by the Vermont program for quality in health care and the Vermont ethics network; the overall quality and cost of services as reported in the annual hospital community reports; information from the hospital community needs assessments; individual hospital four-year capital budget projections; the unified health care budget; and the four-year projection of health care expenditures prepared by the division.

* * *

(4)  The commissioner shall develop a mechanism for receiving ongoing public comment regarding the plan and for revising it biannually every four years or as needed, in consultation with the public oversight commissionThe public oversight commission shall recommend revisions to the plan at least every four years and at any other time it determines revisions are warranted.

(5)  The commissioner in consultation with appropriate health care organizations and state entities shall inventory and assess existing state health care data and expertise, and shall seek grants to assist with the preparation of any revisions to the health resource allocation plan.  Based on this assessment and no later than January 15, 2004, the commissioner shall submit a report to the general assembly stating his or her recommendations regarding the professional assistance, budget, staff, and process needed to integrate available health care data and expertise into the health resource allocation plan.

(6)  The commissioner may retain such professional staff or other staff as needed to assist in his or her responsibilities under this section.  The reasonable expenses of such staff shall be funded to the maximum extent possible with grant money. Any additional amounts needed, not to exceed $300,000.00, shall be assessed and collected from hospitals licensed under chapter 43 of this title, proportionate to their annual operating budgets.  The commissioner’s assessment authority under this subdivision shall begin on July 1, 2003 and shall expire on July 1, 2005.

(7)(6)  The plan or any revised plan proposed by the commissioner shall be the health resource allocation plan for the state after it is approved by the governor or upon passage of three months from the date the governor receives the plan, whichever occurs first, unless the governor disapproves the plan, in whole or in part.  If the governor disapproves, he or she shall specify the sections of the plan which are objectionable and the changes necessary to meet the objections.  The sections of the plan not disapproved shall become part of the health resource allocation plan.  Upon its adoption, the plan shall be submitted to the appropriate legislative committees.

Third:  By striking out Sec. 9 in its entirety and by inserting in lieu thereof the following:

Sec. 9.  18 V.S.A. § 9456(d) is amended to read:

(d)(1)  Annually, the commissioner shall establish a budget for each hospital by September 15 followed by a written decision by October 1.  Each hospital shall operate within the budget established under this section.

(2)(A)  It is the general assembly's intent that hospital cost containment conduct is afforded state action immunity under applicable federal and state antitrust laws, if:

(i)  the commissioner requires or authorizes the conduct in any hospital budget established by the commissioner under this section;

(ii)  the conduct is in accordance with standards and procedures prescribed by the commissioner; and

(iii)  the conduct is actively supervised by the commissioner.

(B)  A hospital’s violation of the commissioner’s standards and procedures shall be subject to enforcement pursuant to subsection (h) of this section.

Fourth:  By striking out Sec. 11 in its entirety and by inserting in lieu thereof the following:

Sec. 11.  REPEAL

(a)  Sec. 25 of No. 53 of the Acts of 2003 (requiring an annual report on collaboration among hospitals) is repealed.

(b)  Subdivision 9402(2) of Title 18 (community needs assessment definition) is repealed and the remaining subsections renumbered accordingly.

Fifth:  By adding a Sec. 13 as follows:

Sec. 13.  EFFECTIVE DATE

Sec. 12 of this act shall take effect upon passage.  The remaining sections of this act shall take effect July 1, 2007.

(Committee Vote: 6-0-0)

(For House amendments, see House Journal for March 23, 2007, page 397.)

H. 534

An act relating to prekindergarten education.

Reported favorably with recommendation of proposal of amendment by Senator Collins for the Committee on Education.

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

First:  In Sec. 2, § 11(a)(31), after the words not eligible for by inserting the words or enrolled in

Second:  By striking out Sec. 3 in its entirety and inserting a new Sec. 3 to read:

Sec. 3.  16 V.S.A. § 829 is added to read:

§ 829.  PREKINDERGARTEN EDUCATION; RULES

The board of education, in consultation with the secretary of human services, shall adopt rules under chapter 25 of Title 3:

(1)  To ensure that, before a school district begins a prekindergarten education program or expands a prekindergarten education program by adding three-year-old children to a program established to serve four-year-old children and intends to enroll students who are included in its average daily membership, the district engage the community in a collaborative process that includes an assessment of the need for the program in the community and an inventory of the existing service providers.

(2)  To ensure that, if a school district begins a prekindergarten education program or expands a prekindergarten education program by adding three-year-old children to a program established to serve four-year-old children and intends to include any of the students in its average daily membership, the district shall use existing qualified service providers to the extent that existing qualified service providers have the capacity to meet the district’s needs effectively and efficiently.

(3)  To require that the school district provides opportunities for effective parental participation in the prekindergarten education program. 

(4)  To establish a process by which a parent or guardian residing in the district or a provider, or both, may request a school district to enter into a contract with a provider located in or outside the district. 

(5)  To identify the services and other items for which state funds may be expended when prekindergarten children are counted for purposes of average daily membership, such as tuition reduction, quality improvements, or professional development for school staff or private providers.

(6)  To ensure transparency and accountability by requiring private providers under contract with a school district to report costs for prekindergarten programs to the school district and by requiring school districts to report these costs to the commissioner of education.

(7)  To require school districts to include identifiable costs for prekindergarten programs and essential early education services in their annual budgets and reports to the community.

(8)  To provide an appeal process for:

(A)  A parent, guardian, or provider to challenge an action of the school district when the appellant believes that the district is in violation of state statute or rules regarding prekindergarten education.

(B)  A school district to challenge an action of a state agency, department, or board if the district believes the state entity has acted in violation of state statute or rules regarding prekindergarten education. 

(9)  To establish the minimum quality standards necessary for a district to include prekindergarten children within its average daily membership.  At a minimum, the standards shall include the following requirements:

(A)  A provider must have received:

(i)  National Association for the Education of Young Children (NAEYC) accreditation; or

(ii)  At least four stars in the department for children and families STARS system with at least two points in each of the five arenas; or

(iii)  Three stars in the STARS system if the provider has developed a plan, approved by the commissioner for children and families and the commissioner of education, to achieve four or more stars within three years with at least two points in each of the five arenas, and the provider has met intermediate milestones; and

(B)  A licensed center shall employ or contract for the services of at least one teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title; and

(C)  A registered home shall receive regular, active supervision and training from a teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

(10)  To establish a process for documenting the progress of children enrolled in prekindergarten programs and to require public and private providers to use the process to collect and report child progress data to the commissioner of education on an annual basis.

Third:  In Sec. 6, § 4001, subdivision (1)(C), by striking out the following:  Although there is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services, the total number of prekindergarten children that a district may include within its average daily membership shall be limited as follows:” and inserting in lieu thereof the following:  “Although the total number of prekindergarten children that a district may include within its average daily membership shall be limited as set forth in subdivisions (i) and (ii) below, there is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services.  Each school district shall have sole discretion regarding the manner in which it limits total enrollment.

Fourth:  In Sec, 7, § 4010, subdivision (c)(3), by striking out the numeral “1.25” and inserting in lieu thereof the numeral 1.13

Fifth:  In Sec. 10, subdivision (3), after the words The statewide cost by inserting the following:  , including the cost to the education fund,

Sixth:  In Sec. 10, by adding three new subdivisions to be subdivisions (7) through (9) to read:

(7)  The measurable positive and negative effects that the prekindergarten programs covered by this act have had on the early development and learning experiences of young children in Vermont, including the programs’ effectiveness in addressing the extreme behavioral needs of young children.

(8)  The effect that the limits on the number of prekindergarten children that may be included within a district’s ADM established in Sec. 6 of this act have had on the ability to serve the needs of young children.

(9)  The advisability of eliminating or amending the ADM limits established in Sec. 6 of this act, including:

(A) An analysis of whether the elimination of the limits would effectively be a requirement that all districts provide prekindergarten education programs.

(B)  An analysis of the effect that elimination or amendment of the limits would be likely to have on the education fund.  

Seventh:  By striking out Sec. 11 in its entirety and inserting in lieu thereof a new Sec. 11 to read:

Sec. 11.  TRANSITIONAL PROVISIONS

Any district that offered prekindergarten education during the 2006–2007 academic year shall not be affected by the provisions of 16 V.S.A. § 4001(1)(C) in Sec. 6 of this act that limit the total number of prekindergarten children who may be counted within the district’s average daily membership; rather, the district may instead choose to include within its average daily membership the total number of prekindergarten children enrolled in its program, provided that the number does not exceed the highest number of prekindergarten children enrolled in any one of the following three academic years: 2004-2005, 2005-2006, or 2006-2007.  If, at any time, the district elects to determine its average daily membership of prekindergarten children based on the limitations in 16 V.S.A. § 4001(1)(C), the decision shall be final, and the district shall at all times be bound by that subdivision. 

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

Sec. 12.  CONSTRUCTION

Nothing in this act shall be construed to require a school district to provide a prekindergarten education program.

(Committee Vote: 4-1-0)

(No House amendments.)


J.R.S. 24

Joint resolution relating to the federal “fast track” process for congressional review of international trade agreements.

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

The Committee recommends that the resolution  be amended by striking out all after the title and inserting in lieu thereof the following:

Whereas, the State of Vermont benefits greatly from international trade, which is responsible for a greater percentage of its gross state product than is the case for any other state, and

Whereas, to a considerable degree, the state’s success in international trade is tied to the fact that the character, beauty, and environment of the state itself, the Vermont brand and Vermont products are internationally recognized to be of high quality, and

Whereas, Vermont laws developed by generations of sensible and independent civic-minded citizen legislators are a major reason why the products produced within the state achieve that quality and why the state itself remains attractive and open to foreign visitors, service providers, and investors alike, and

Whereas, as international trade has evolved in recent years as supervised by Congress under the so-called “fast track” authority by which it reviews international trade agreements, which is due to expire on June 30, 2007, significant and troubling questions have developed with respect to the continuing ability of states to retain their character, environmental controls, and quality of life, and to assure the continued quality of their products, and

Whereas, despite the variety of significant impacts that trade and investment agreements have been demonstrated to have on state governance, taxation authority, environmental protection, land use regulation, and many other areas of intense state interest, states and local governments have not yet received assurances that their concerns will be adequately addressed in any “fast track” renewal process, now therefore be it

Resolved by the Senate and House of Representatives:

That “trade promotion authority” should be amended by Congress to provide states with meaningful and substantive input and involvement in the negotiation of trade agreements, and be it further

Resolved:  That federal legislation should clarify the negotiating agenda of the United States Trade Representative in a way that establishes a much stronger role for states, which in turn must be prepared to do their part to communicate with the federal executive branch and the Congress with respect to state concerns, and be it further

Resolved:  That the following requirements must be included in any trade legislation governing future international trade agreements:

1.  Each state must be provided with better economic data and trade impact‑related information from the federal government, together with resources for its own studies regarding the likely effects of a particular trade agreement on the laws, people, businesses, and natural resources of the state, while trade agreements are being developed;

2.  Each state desiring to do so must have meaningful input and an actual seat at the table, regarding provisions trade agreements should include and subjects they should address;

3.  Federal legislation on trade, in general, and agreements entered under that authority must be revised to acknowledge explicitly that facilitating international trade is not the only goal of federal policy, and must be crafted to assure that other important state and local values are accorded due consideration and respect, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to Vermont Governor James H. Douglas, Vermont’s Congressional Delegation, the National Conference of State Legislatures, the legislative leaders of the other 49 states, and the United States Trade Representative.

(Committee vote: 5-0-0)

ORDERED TO LIE

S. 70

An act relating to empowering municipalities to regulate the application of pesticides within their borders.

PENDING ACTION:  Second reading of the bill.

S. 102

An act relating to decreasing the percentage to determine a school district’s excess spending.

PENDING ACTION:  Second reading of the bill.


S. 118

An act relating to fiscal review of high spending districts and special education.

PENDING ACTION:  Second reading of the bill.

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.

H.C.R.  123

House concurrent resolution in memory of Elizabeth Daley Jeffords.

H.C.R.  124

House concurrent resolution congratulating the 2007 American Basketball League champion Vermont Frost Heaves.

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)

Susan Davis of Shelburne - Member of the Travel Information Council - By Sen. Mazza for the Committee on Transportation.  (3/13)

Jireh Billings of Bridgewater - Member of the Capitol Complex Commission - By Sen. Campbell for the Committee on Institutions.  (3/14)

John LaBarge of South Hero - Member of the Travel Information Council - By Sen. Mazza for the Committee on Transportation.  (3/21)

Susan K. Blair of Colchester - Alternate Member of the Parole Board - By Sen. Mazza for the Committee on Institutions.  (3/23)

William J. Pettengill of Guilford - Member Parole Board - By Sen. Coppenrath for the Committee on Institutions.  (3/23)

Jeffrey Larkin of Duxbury - Member of the Travel Information Council - By Sen. Scott for the Committee on Transportation.  (3/28)

Barbara Zander of St. Johnsbury - Family Court Magistrate - By Sen. Cummings for the Committee on Judiciary.  (4/4)

Celine F. Champine of Newport Center - Member of the Community High School of Vermont Board - By Sen. Starr for the Committee on Education.  (4/6)

Richard Fraser of South Ryegate - Member of the Community High School of Vermont Board - By Sen. Nitka for the Committee on Education.  (4/6)

Blanche Kelley of Rutland - Member of the Community High School of Vermont Board - By Sen. Giard for the Committee on Education. (4/6)

Kathryn  T. Boardman of Shelburne - Member of the Vermont Municipal Bond Bank - By Sen. Condos for the Committee on Finance.  (4/18)

Steven Gurin of Barre - Member of the Educational and Health Buildings Finance Agency - By Sen. Maynard for the Committee on Finance.  (4/18)

Laurie A. Rowell of Rockingham - Member of the Valuation Appeals Board - By Sen. McCormack for the Committee on Finance.  (4/24)

Rene L. Blanchard of Essex Junction - Member of the Transportation Board - By Sen. Mazza for the Committee on Transportation.  (4/27)

R. Keith Armstrong of Bennington - Member of the Fish and Wildlife Board - By Sen. Hartwell for the Committee on Natural Resources and Energy.  (4/27)

Lisa Nolan Birmingham of Stowe - Member of the Natural Resources Board Land Panel - By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/27)

George R. Crombie of Warren - Secretary of the Agency of Natural Resources - By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/27)

George R. Crombie of Warren - Secretary of the Agency of Natural Resources - By Lyons for the Committee on Natural Resources and Energy.  (4/27)

Dana Kittell of East Fairfield - Member of the Fish and Wildlife Board - By Sen. MacDonald for the Committee on Natural Resources and Energy.  (4/27)

Wayne Alan LaRoche of Franklin - Commissioner of the Department of Fish and Wildlife - By Sen. MacDonald for the Committee on Natural Resources and Energy.  (4/27)

Elizabeth McLain of West Berlin - Member of the Natural Resources Board Land Panel - By Sen. MacDonald for the Committee on Natural Resources and Energy.  (4/27)

Eva Morse of Calais - Member of the Current Use Advisory Board - By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/27)

Joan Nagy of Cambridge - Member of the Natural Resources Board Water Panel - By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/27)

Michael Popowski, III of Northfield - Member of the Fish and Wildlife Board - By Sen. McCormack for the Committee on Natural Resources and Energy.  (4/27)

Jeffrey N. Wennberg of Rutland - Commissioner of the Department of Environmental Conservation - By Sen. Snelling for the Committee on Natural Resources and Energy.  (4/27)

Jonathan Wood of Jeffersonville - Commissioner of the Department of Forests, Parks and Recreation - By Sen. Hartwell for the Committee on Natural Resources and Energy.  (4/27)

Peter F. Young, Jr. of Northfield - Chair of the Natural Resources Board - By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/27)

Peter F. Young, Jr. of Northfield - Chair of the Natural Resources Board - By Sen. Lyons for the Committee on Natural Resources and Energy.  (4/27)

PUBLIC HEARINGS

Thursday, April 26, 2007 - Room 11 - 2:00-6:00 p.m. - Re:  Governor’s Cap Proposal - House Committee on Education.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us