Download this document in MS Word format


AutoFill Template

Senate Calendar

friday, may 4, 2007

122nd DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

UNFINISHED BUSINESS OF THURSDAY, MAY 3, 2007

House Proposals of Amendment

S. 6         Preventing conviction of innocent persons........................................ 1619

                        Sen. Sears amendment........................................................... 1631

S. 116     Relating to miscellaneous election law amendments.......................... 1635

NEW BUSINESS

Third Reading

H. 522    Relating to the viability of Vermont agriculture.................................. 1640

Joint Resolutions for Action

JRH 21  Worldwide ONE campaign to spend one percent on goals.............. 1640

JRH 28  25th anniversary of Vermont Vietnam Veterans Memorial................ 1641

NOTICE CALENDAR

Favorable

H. 542    Approval of amendment to the charter of the city of Vergennes........ 1641

                        Government Operations Committee Report............................ 1641

H. 547    Relating to fiscal year 2007 supplemental appropriations.................. 1641

                        Government Operations Committee Report............................ 1641

House Proposal of Amendment

S. 194     Firefighters and cancer caused by employment................................ 1641

House Proposal of Amendment to Senate Proposal of Amendment

H. 523    Relating to moving families out of poverty........................................ 1643

ORDERED TO LIE

S. 70       Empowering municipalities to regulate application of pesticides......... 1645


S. 102     Decreasing percentage to determine school dist. excess spending..... 1645

S. 118     Fiscal review of high spending districts & special education.............. 1645

JRS 24   Federal “fast track” process for congressional review of international ......       trade agreements          1645

Concurrent Resolutions for Notice

(For text of Resolutions, see Addendum to May 3, 2007 Calendar)

SCR 22    Commending the State House cafeteria management & staff............ 208

HCR 125  Liz Stephen on her accomplishments as a competitive skier............. 209

HCR 126  In memory of J. Russell Carpenter & M. Ellen Carpenter................ 210

HCR 127  Nursing staff at Southwestern VT Medical Center........................... 211

HCR 128  75th anniversary of the Green Mountain National Forest................. 213

HCR 129  Honoring state emp. during Public Service Recognition Week......... 215

HCR 130  Vermont Adaptive Ski & Sports & participating athletes ................ 216

HCR 131  Congratulating Vt. Business Roundtable on 20th anniversary........... 217

HCR 132  Honoring Dan Collins for over 40 years as a public educator........... 218

HCR 133  Honoring Northfield fire chief William C. Lyon................................ 219

HCR 134  Honoring Sandra Demasi Kingsley’s career at Norwich Univ.......... 221

HCR 135  Community H.S. of Vermont on earning accreditation..................... 222

HCR 136  Collin Bigras for being named to 2007 Trapshooting First Team...... 223

HCR 137  Honoring the role of foster parents during foster parent month......... 224

HCR 138  Thomas Secoy on winning 2007 Vt. Arbor Day poster contest....... 226

HCR 139  25th anniversary of Vietnam Veterans Memorial and veterans......... 227

HCR 140  FISA’s 2007 international rowing tour on the Connecticut River...... 229

HCR 141  Rte. 100B Byway Committee designation of Mad River Byway...... 230



 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF THURSDAY, MAY 3, 2007

House Proposals of Amendment

S. 6

An act relating to preventing conviction of innocent persons.

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

CHAPTER 182.  INNOCENCE PROTECTION

Subchapter 1.  Postconviction DNA Testing

§ 5561.  PETITION FOR POSTCONVICTION DNA TESTING

(a)  A person convicted of a qualifying crime may at any time file a petition requesting forensic DNA testing of any evidence which may contain biological evidence that was obtained during the investigation or prosecution of the crime.  The petition shall:

(1)  specifically identify the crime for which the petitioner asserts that he or she is innocent and the evidence which the petitioner seeks to have subjected to DNA testing;

(2)  contain the petitioner’s certification, under oath, that the petitioner did not commit the crime for which he or she was convicted;

(3)  contain the petitioner’s certification, under oath, that the petition is true and accurate; and

(4)  allege facts showing that DNA testing may be material to the petitioner’s claim of innocence.

(b)  As used in this section:

(1)  “Biological evidence” means:

(A)  a sexual assault forensic examination kit; or

(B)  semen, blood, saliva, hair, skin tissue, or other identified biological material.

(2)   “Person convicted of a qualifying crime” means a person convicted of:

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

(1) arson causing death, § 501;

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

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

(4)  aggravated assault, § 1024;

(5)  murder, § 2301;

(6)  manslaughter, § 2304;

(7)  aggravated murder, § 2311;

(8)  kidnapping, § 2405;

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

(10)  maiming, § 2701;

(11)  sexual assault, § 3252;

(12)  aggravated sexual assault, § 3253;

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

(14)  lewd and lascivious conduct with a child; § 2602.

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

(c)(1)  The petition shall be filed in the superior court of the county where the conviction was imposed, and shall not be heard by a judge who presided over the trial, sentencing, or any motion hearing related to evidence to be admitted at the trial. 

(2)(A)  Unless subdivision (B) of this subdivision (2) applies, the petitioner shall provide copies of the petition to the attorney general and to the state’s attorney in the district where the conviction was obtained. 

(B)  If the petitioner is not represented by counsel, the court shall provide copies of the petition to the attorney general and to the state’s attorney in the district where the conviction was obtained.

(3)  Within 30 days after it receives the petition, the state shall agree to perform the requested DNA testing in a timely manner or file a response to the petition.  The petitioner may file a reply to the state’s response only within ten days after the response is filed. 

(4)  The court shall schedule a hearing on the petition within 90 days after the state’s response is filed unless the state notifies the court that it has agreed to provide the testing in a timely manner or the court dismisses the petition pursuant to subsection (c) of this section. 

(5)  Time limits under this subsection may be extended for good cause shown or by consent of the parties.

(c)  The court shall dismiss the petition without a hearing if it determines that:

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

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

§ 5562.  ASSIGNMENT OF COUNSEL

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

§ 5563.  VICTIM NOTIFICATION

If the address of a victim of the crime which the petitioner claims to be innocent of in the petition is known, the state’s attorney or attorney general shall give written notice of a petition under this section to the victim as soon as the petition is received.  If the victim’s current address is not known, the state’s attorney or the attorney general shall consult with the department of corrections victim services division to verify the victim’s last known address.  The notice shall be by any reasonable means to the victim's last known address and shall indicate whether the petitioner is represented by public or private counsel.  Upon the victim's request, the state’s attorney or attorney general shall give the victim notice of the time and place of any hearing on the petition and shall inform the victim of the disposition of the petition and the outcome of any hearing.  If DNA testing is ordered, the state’s attorney or the attorney general shall inform the victim whether the test results require further court hearings, the time and place of any hearings, and the outcome of the hearings.

§ 5564.  DISCOVERY

(a)  Upon motion by the petitioner or the state, and after providing the nonmovant with reasonable opportunity to respond to the motion, the court may permit reasonable discovery and the right to depose witnesses.  The court in its discretion may delay ruling on any discovery motions until after it has determined whether to dismiss the petition pursuant to subsection 5561(c) of this section.  

(b)  A discovery order issued pursuant to this section may include the following:

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

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

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

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

§ 5565.  PRESERVATION OF BIOLOGICAL EVIDENCE; POLICIES

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

§ 5566.  ORDER; NECESSARY FINDINGS; CONFIDENTIALITY

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

(1)  A reasonable probability exists that the petitioner would not have been convicted of the crime which the petitioner claims to be innocent of in the petition if the results of the requested DNA testing had been available at the time of the original prosecution.

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

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

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

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

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

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

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

(b)  The court may designate in its order:

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

(2)  the testing procedures to be followed;

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

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

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

§ 5567.  APPEALS

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

§ 5568.  CHOICE OF LABORATORY; PAYMENT

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

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

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

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

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

§ 5569.  PROCEDURE AFTER TEST RESULTS OBTAINED

(a)  The results of any postconviction DNA testing conducted pursuant to this subchapter shall be disclosed to the state’s attorney, the attorney general, the petitioner, and the court.

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

(c)  At or subsequent to the hearing, the court may issue an order including but not limited to the following:

(1)  setting aside or vacating the petitioner’s judgment of conviction;

(2)  granting the petitioner a new trial;

(3)  granting the petitioner a new sentencing hearing;

(4)  discharging the petitioner from custody;

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

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

(7)  providing such other relief as the court deems appropriate.

(d)  If the person’s conviction is reversed or vacated or the person is pardoned as a result of DNA evidence:

(1)  The court shall order the removal and destruction of the person’s name and any information about that conviction from the sex offender registry established under section 5402 of this title, the child abuse registry established under section 4916 of Title 33, the vulnerable adult registry established under section 6911 of Title 33, and any other registry on which the person’s name appears solely because of his or her conviction of the offense for which the person’s actual innocence has been established.  If the person has more than one entry on a registry, only the entry related to the offense for which the person’s actual innocence has been established shall be removed and destroyed.

(2)  The court shall order the Vermont crime information center to remove and destroy any criminal records it has related to the person’s commission of the offense for which his or her actual innocence has been established.  If the center has records related to the person’s commission of other offenses, only the records related to the offense for which the person’s actual innocence has been established shall be removed and destroyed.

(3)  It shall not be a violation of Vermont law for the person to respond when asked, that he or she has never previously been convicted of a crime, and that his or her innocence of the crime charged has been established.  This subdivision shall not apply if the person has been convicted of a crime other than the one for which the person’s conviction was reversed or the person was pardoned as a result of DNA evidence.   

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

§ 5570.  SUCCESSIVE PETITIONS

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

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

Subchapter 2.  Compensation for Wrongful Convictions

§ 5572.  RIGHT OF ACTION; PROCEDURE

(a)  A person convicted and imprisoned for a crime of which the person was exonerated pursuant to subchapter 1 of this chapter shall have a cause of action for damages against the state.

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

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

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

§ 5573.  COMPLAINT

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

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

(2)  the complainant’s actual innocence has been established by DNA evidence which resulted in the person’s conviction being reversed or vacated or the granting of a pardon. 

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

§ 5574.  BURDEN OF PROOF; JUDGMENT; DAMAGES 

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

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

(2)(A)  The complainant’s conviction was reversed or vacated; or

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

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

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

(b)(1) Except as provided in subdivision (2) of this subsection, a claimant awarded judgment in an action under this subchapter shall be entitled to damages for each year the claimant was incarcerated in an amount to be determined by the trier of fact and adjusted proportionally for partial years served.  The damage award may also include:

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

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

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

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

(2)  A claimant entitled to judgment under this section whose conviction resulted from a plea agreement shall only be eligible for the remedies provided by subdivisions (1)(B), (C), and (D) of this subsection. 

(c)  Damages awarded under this section:

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

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

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

(e)  A claimant shall be entitled to compensation under this subchapter only if he or she would not otherwise have been incarcerated for another sentence.  

§ 5575.  PAYMENT

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

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

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

§ 5576.  LIMITATIONS

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

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

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

§ 5577.  NOTICE OF RIGHT OF ACTION

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

(1)  issuing judicial relief establishing the person’s actual innocence through vacating or reversing the person’s conviction; or

(2)  receiving notice of a pardon.

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

Sec. 2.  PRESERVATION OF EVIDENCE STUDY COMMITTEE

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

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

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

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

(3)  the attorney general or designee;

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

(5)  the captain of the bureau of criminal investigations or designee;

(6)  one member appointed by the Vermont criminal justice training council;

(7)  the commissioner of public safety or designee;

(8)  the executive director of the Vermont crime laboratory or designee;

(9)  the defender general or designee;

(10)  an investigator appointed by the defender general; and

(11)  a staff public defender appointed by the defender general;

(12)  one member appointed by the Vermont sheriffs’ association;

(13)  one member appointed by the Vermont center for crime victims services.

(c)  The committee shall consider the following:

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

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

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

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

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

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

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

(d)  The committee shall have the assistance and cooperation of all state and local agencies and departments.  The committee shall consult with the Innocence Project.  The department of public safety shall provide professional and administrative support for the committee. 

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

Sec. 3.  EYEWITNESS IDENTIFICATION AND CUSTODIAL INTERROGATION RECORDING STUDY COMMITTEE

(a)  A committee is established for the purpose of studying issues related to best practices regarding eyewitness identification procedures and audio and audio-visual recording of custodial interrogations.  The committee shall:

(1)  study and analyze federal and state models and develop best practices regarding:

(A)  audio and audio-visual recording of any custodial interrogations related to the investigation or prosecution of felonies; and

(B)  eyewitness identification procedures for conducting photo lineups and live lineups.

(2)  Study current statewide policies regarding eyewitness identification procedures for conducting photo lineups and live lineups and audio and

audio-visual recording of custodial interrogations, and whether statewide policies on these issues should be adopted; and

(3)  Study current policies in local jurisdictions regarding eyewitness identification procedures for conducting photo lineups and live lineups and audio and audio-visual recording of custodial interrogations, and whether these policies are consistent with one another and with relevant statewide policies.

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

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

(2)  the attorney general or designee;

(3)  one member appointed by the Vermont chiefs of police association;

(4)  the captain of the bureau of criminal investigations or designee;

(5)  one member appointed by the Vermont criminal justice training council;

(6)  the commissioner of public safety or designee;

(7)  the defender general or designee;

(8)  an investigator appointed by the defender general;

(9)  a staff public defender appointed by the defender general;

(10)  one member appointed by the Vermont sheriffs’ association;

(11)  one member appointed by the Vermont center for crime victims services; and

(12)  one member appointed by the Vermont bar association.

(d)  The committee shall have the assistance and cooperation of all state and local agencies and departments.  The committee shall consult with the Innocence Project.  The department of public safety shall provide professional and administrative support for the committee. 

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

PROPOSAL OF AMENDMENT TO HOUSE PROPOSAL OF AMENDMENT TO S. 6 TO BE OFFERED BY SENATOR SEARS

     Senator Sears moves that the Senate concur in the House proposal of amendment with further proposal of amendment as follows:

First:  In Sec. 1, 13  V.S.A. § 5561, by adding a new subsection (d) to read as follows:

(d)  No person shall file a petition requesting forensic DNA testing pursuant to this chapter until after July 1, 2008 if the person’s conviction resulted from a plea agreement.

Second: In Sec. 1, chapter 182 of 13 V.S.A., by striking out § 5563 in its entirety and inserting in lieu thereof a new § 5563 to read as follows:

§ 5563.  VICTIM NOTIFICATION

(a)  If the address of a victim of the crime which the petitioner claims to be innocent of in the petition is known, the state’s attorney or attorney general shall give written notice of a petition under this section to the victim upon the victim’s request. If the victim’s current address is not known, the state’s attorney or the attorney general shall consult with the department of corrections victim services division to verify the victim’s last known address.  The notice shall be by any reasonable means to the victim's last known address and shall indicate whether the petitioner is represented by public or private counsel. Upon the victim’s request, the state’s attorney or attorney general shall give the victim notice of the time and place of any hearing on the petition and shall inform the victim of the disposition of the petition and the outcome of any hearing.  If DNA testing is ordered, the state’s attorney or the attorney general shall inform the victim whether the test results require further court hearings, the time and place of any hearings, and the outcome of the hearings.

(b)  The rights of victims contained in this section do not entitle a victim to be a party in any proceeding, or to any procedural rights which are not specifically provided for in this section, including any right to request a delay or rescheduling of any proceeding.

Third:  In Sec. 1, 13  V.S.A. § 5566(a), by striking out subdivision (1) in its entirety and inserting in lieu thereof a new subdivision (1) to read as follows:

(1)  A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence of the crime which the petitioner claims to be innocent of in the petition if the results of the requested DNA testing had been available at the time of the original prosecution. 

Fourth:  In Sec. 1, 13  V.S.A. § 5569, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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

Fifth:  In Sec. 1, 13  V.S.A. § 5574, by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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

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

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

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

Sixth:  In subsection (b) of Sec. 2, by striking out subdivision (13) in its entirety and inserting in lieu thereof two new subdivisions, to be numbered (13) and (14), to read as follows:

(13)  one member appointed by the Vermont center for crime victims services;

(14)  one member appointed by the Vermont police association.

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

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

Eighth:  In subsection (b) of Sec. 3, by striking out subdivision (12) in its entirety and inserting in lieu thereof two new subdivisions, to be numbered (12) and (13), to read as follows:

(12)  one member appointed by the Vermont bar association;

(13)  one member appointed by the Vermont police association.

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

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

Tenth:  By adding new Secs. 4- 6 to read:

Sec. 4.  4 V.S.A. § 1102(b) is amended to read:

(b)  The judicial bureau shall have jurisdiction of the following matters:

(1)  traffic Traffic violations alleged to have been committed on or after July 1, 1990;.

(2)  civil Civil ordinance violations alleged to have been committed on or after July 1, 1994;.

(3)  minor Minor fish and wildlife violations alleged to have been committed on or after September 1, 1996;.

(4)  violations Violations of subsection 1005(a) of Title 7, relating to possession of tobacco products by a person less than 18 years of age;.

(5)  violations Violations of 7 V.S.A. § 1007, relating to furnishing tobacco products to a person under the age of 18 years;.

(6)  violations Violations of 24 V.S.A. § 2201, relating to littering, burning of solid waste, and illegal dumping;.

(7)  violations Violations of subchapter 9 of chapter 1 of Title 16, relating to hazing;.

(8)  violations Violations of 20 V.S.A. §§ 2056a, 2056b, and 2056c, relating to unauthorized disclosure of criminal record information;.

(9)  violations Violations of 7 V.S.A. § 656, relating to illegal possession of alcoholic beverages;.

(10)  violations Violations under subdivision 658(c)(1) of Title 7, relating to an employee of a second class licensee selling alcohol to a minor during a compliance check;.

(11)  violations Violations of 18 V.S.A. § 4234b(b), relating to selling ephedrine base, pseudoephedrine base, or phenylpropanolamine base.

(12)  Violations of 13 V.S.A. § 352(3), (4), and (9), relating to cruelty to animals.

Sec. 5.  13 V.S.A. § 353 is amended to read:

§ 353.  DEGREE OF OFFENSE; SENTENCING UPON CONVICTION

(a)  Penalties.

(1)  Except as provided in subdivision (3) or (4) of this subsection, cruelty to animals under section 352 of this title shall be punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $2,000.00, or both.  Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.

* * *

(4)(A)  Except as provided in subdivision (B) of this subdivision (4), a person found in violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be imprisoned not more than one year or fined not more than $2,000.00, or both.  Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.

(B)  A law enforcement officer shall issue a civil citation to a person who violates subdivision 352(3), (4) or (9) of this title if the person has not been previously adjudicated in violation of this chapter.  A person adjudicated in violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a civil penalty of not more than $500.00.  At any time prior to the person admitting the violation and paying the assessed penalty, the state’s attorney may withdraw the complaint filed with the judicial bureau and file an information charging a violation of subdivision 353(3), (4), or (9) of this title in district court.   

* * *

Sec. 6.  13 V.S.A. § 7251(d) is added to read:

(d)  Fines, forfeitures, and penalties imposed by the judicial bureau for violations of subdivisions 352(3)(4), and (9) of this title, relating to animal cruelty that result from the enforcement by villages, towns, and cities within their jurisdiction shall be paid to the respective village, town, or city, except for a $12.50 administrative charge for each violation which shall be retained by the state.  The enforcement by villages, towns, and cities shall be by a local law enforcement officer or a law enforcement officer by contract with the village, town, or city.  Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358.

House Proposals of Amendment

S. 116

An act relating to miscellaneous election law amendments.

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

First:  By striking Sec. 8 in its entirety and inserting in lieu thereof a new Sec. 8 to read:

Sec. 8.  17 V.S.A. § 2493(a) is amended to read:

(a) The secretary of state shall adopt rules governing the use and the selection of any voting machine in the state. These rules shall include requirements that:

* * *

(2)  The secretary of state shall provide for the security of voting machines at all times. Voting machines, not including the ballot box portion, shall be locked in a vault or a secure location at all times when not in use.  The secretary of state may conduct a random post election audit of any polling place election results for a primary or general election within 30 days of the election.  If the secretary determines that a random audit shall be conducted of the election results in a town or city, the town clerk shall direct two members of the board of civil authority to transport the ballot bags to the office of the secretary of state not later than 10:00 a.m. on the morning when the secretary has scheduled the audit.  The secretary shall open the ballot bags and conduct the audit in the same manner as recounts are to be conducted under sections 2602e through 2602h ballots are counted under sections 2581 through 2588 of this title.  The secretary of state shall publicly announce the results of the audit as well as the results from the original return of the vote.  If the secretary finds that the audit indicates that there was possible fraud in the count or return of votes, the secretary shall refer the results to the attorney general for possible prosecution.

* * *

(5) Establish a process for municipalities using voting machines, whereby markings on ballots that are unreadable by a machine may be transferred by a pair of election officials, who are not members of the same political party, to ballots that are readable by the machine.

Second:  By adding a Sec. 8a to read:

Sec. 8a.  17 V.S.A. § 2532(a) is amended to read:

(a)(1)  An early or absentee voter, or an authorized family member or health care provider acting in on the voter’s behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing.  “Family member’’ here As used in this section, “family member” means a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents.  Any other authorized person may apply in writing or in person.  The application shall be in a form prescribed by the secretary of state. substantially the following form:

REQUEST FOR EARLY VOTER ABSENTEE BALLOT

Name of early or absentee voter: ____________________________________

Current address: _________________________________________________

Residence (if different): ___________________________________________

Telephone contact:    _________________         E-mail:    ________________

If applicant is other than the early or absentee voter:

Name of applicant: _______________________________________________

Address of applicant: _____________________________________________

Relationship to early or absentee voter: _______________________________

Telephone contact:    _________________         E-mail:    ________________

Date: _____________ Signature:_____________________________________

(2) If the application is made by telephone or in writing, the information supplied must be in substantial conformance with the information requested on this form.

Third:  By adding a Sec. 8b to read:

Sec. 8b.  17 V.S.A. § 2546 is amended to read:

§ 2546.  DEPOSIT OF EARLY VOTER ABSENTEE BALLOTS IN BALLOT BOX

(a)  No sooner than 30 days before the opening of polls on election day, the town clerk of a municipality with at least 5,000 registered voters on its checklist may direct two election officials working together to open the outside envelope in order to sort absentee ballots by ward and district, may data enter the return of the ballots by the voter, may determine that the certificate has been signed, and may place the inside envelopes in various secure containers to be transported to the polling places on election day.   No sooner than 48 hours before the opening of polls on election day, a town clerk in all other municipalities may direct two election officials working together to open the outside envelope and remove the certificate envelope in order to determine that an absentee ballot certificate has been properly signed by the early voter, and that the name of the early voter appears on the checklist.  The election officials shall check the name of the early voter off the entrance checklist and place the sealed envelope into a secure container marked “checked‑in early voter absentee ballots” to be transported to the polling place on election day.  Upon opening of the polls on election day, ballots from this container may be opened by election officials, who are not members of the same political party, and deposited either into the ballot box or into the voting machine.

(b)  The town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where the entrance checklist is located.  If the ballots are in a container marked “checked‑in early voter absentee ballots,” two election officials from different political parties may open the envelopes and deposit the ballots into the ballot box or into the voting machine.  If the ballots have not been previously checked off the entrance checklist and if an elections election official determines that the certificate on the envelope is signed by the early voter, the name of the early voter appears on the checklist, and the early voter is not a first-time voter in the municipality who registered by mail, the elections election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine.  If the early voter is a first-time voter who registered by mail, the elections election official shall determine whether the identification required under subdivision 2563(a)(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted by the voter, the elections election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine.  If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.

(b)(c)  All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person.

Fourth:  By adding a Sec. 8c to read:

Sec. 8c.  17 V.S.A. § 2548(b) is amended to read:

(b)  A person who in good faith has received early voter absentee ballots for his or her use but has not yet marked them, if he finds that he or she is able to vote in person, may cast the early voter absentee ballots as provided above, or may vote in person after returning the complete set of unmarked ballots, together with the envelope intended for their return, to the presiding officer at the time the voter appears to vote in person.  If a person does not have his or her absentee ballots to return, the person shall be checked off the checklist and permitted to vote only after completing a sworn affidavit that he or she does not have his or her absentee ballots to return.  The presiding officer shall return the unused early voter absentee ballots and envelope to the town clerk, who shall make a record of their return on the list of early or absentee voters and treat them as spoiled or unused ballots, pursuant to section 2568 of this title.

Fifth:  By adding a Sec. 9a to read:

Sec. 9a.  17 V.S.A. § 2587 is amended to read:

§ 2587.  RULES FOR COUNTING BALLOTS

* * *

(e)  In the case of “write-in” votes in a primary election, the act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no cross is placed after such name.  The election officials counting ballots and tallying results must shall list every person who receives a “write-in” vote and the number of votes received.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of fictitious persons shall not be listed.

(f)  In the case of “write-in” votes in a general election, the act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no oval is marked or cross is placed after such name.  The election officials counting ballots and tallying results shall list each person who receives a “write-in” vote and the number of votes received, except that a write-in candidate shall not have his or her name listed and votes counted unless the candidate has filed a declaration of candidacy form with the official where nominating petitions must be filed for the office by 12:00 p.m. on the day prior to election day.  The declaration of candidacy form shall contain the same information as the candidate consent form.  Votes for write-in candidates who have not filed a declaration of candidacy form shall be counted as “write-in” votes but shall not be listed by name.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of persons who did not file a declaration of candidacy and fictitious persons shall not be listed, but votes for these persons shall be counted as “write-in” votes.

(g)  When the same number of persons are nominated for the position of justice of the peace as there are positions to be filled, the presiding officer may declare the whole slate of candidates elected without making individual tallies, providing each person on the slate has more votes than the largest number of write-in votes for any one candidate.

Sixth:  By striking Sec. 14 in its entirety and inserting in lieu thereof a new Sec. 14 to read:

Sec. 14.  17 V.S.A. § 2682 is amended to read:

§ 2682.  PROCESS OF VOTING; APPOINTMENTS

* * *

(c)  In a municipal election controlled by this subchapter, the person receiving the greatest number of votes for an office shall be declared elected to that office; a certificate of election need not be issued.  However, in order to be elected a write-in candidate must receive 30 votes or the votes of one percent of the registered voters in the municipality, whichever is less.  The act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no oval is marked or cross is placed after such name.  The election officials counting ballots and tallying results shall list each person who receives a “write-in” vote and the number of votes received, except that a write-in candidate shall not have his or her name listed and votes counted unless the candidate has filed a declaration of candidacy form with the town clerk or presiding officer by the close of the polls on election day or unless there are no candidates printed on the ballot.  The declaration of candidacy form shall contain the same information as the candidate consent form.  Votes for write-in candidates who have not filed a declaration of candidacy form shall be counted as “write-in” votes but shall not be listed by name.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of persons who did not file a declaration of candidacy and fictitious persons shall not be listed, but votes for these persons shall be counted as “write-in” votes.

* * *

(e)  If there is a tie vote for any office, the legislative body, or in their stead, the municipal clerk, shall within seven days warn a runoff election to be held not less than 15 days nor more than 22 days after the warning.  The only candidates in the runoff election shall be those who were tied in the original election.  However, if one of the candidates that are tied withdraws his or her candidacy within five days after the election, the town clerk shall certify the other tied candidate as the winner, and there shall be no runoff election.

NEW BUSINESS

Third Reading

H. 522

An act relating to the viability of Vermont agriculture.

Joint Resolutions for Action

J.R.H. 21

Joint resolution in support of the worldwide ONE campaign and urging Congress to appropriate and the President to spend an additional one percent of the federal budget on the goals of the ONE campaign.

(For text of Resolution, see Senate Journal of May 3, 2007, page 1112)


J.R.H. 28

Joint resolution commemorating the 25th anniversary of the Vermont Vietnam veterans memorial and all Vietnam war veterans.

(For text of Resolutions, see Senate Journal of May 3, 2007, page 1113)

NOTICE CALENDAR

Favorable

H. 542

An act relating to approval of amendment to the charter of the city of Vergennes.

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

(Committee vote: 5-0-0)

(For House amendments, see House Journal for April 27, 2007, page 767)

H. 547

An act relating to fiscal year 2007 supplemental appropriations.

Reported favorably by Senator Bartlett for the Committee on Appropriations.

(Committee vote: 5-0-2)

(No House amendments)

House Proposal of Amendment

S. 194

An act relating to firefighters and cancer caused by employment.

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.  LEGISLATIVE FINDINGS

The general assembly finds the following:

(1)  In the course of fighting fires, firefighters are frequently exposed to many different products of combustion, diesel smoke, hydrocarbons, cyanides, plastics, polychlorinated biphenyls (PCBs), benzene, chloroform, soot, styrene, and formaldehyde, all of which are known carcinogens.  Firefighters may also be exposed to heavy metals, carcinogenic chemicals, volatile gases, minerals, and other substances with acute toxic effects.

(2)  Scientific studies performed both nationally and internationally have recognized that firefighters have significantly greater incidents of certain cancers than the general population.

(3)  Gathering and establishing evidence of work-related causation for such cancers is difficult and costly and requires significant expert testimony.

(4)  Approximately 28 states and the provinces of Canada have adopted legislation creating a presumption that certain cancers suffered by eligible firefighters are caused by exposure during their employment as firefighters.  Vermont adopts this rebuttable presumption to protect the safety and well-being of its firefighters.

(5)  The Vermont league of cities and towns (VCLT) in its March 23, 2007 report hypothesized that this act would result in a significant increase in workers’ compensation premiums for firefighters.  A subsequent economic analysis questioned the VLCT’s projected premium rate increase because it failed to take into consideration the five conditions precedent before a firefighter may take advantage of the rebuttable presumption.  Further, the medical data used was outdated; was for only one year, rather than the average of several years; and used cost figures for all members regardless of age or types of cancer rather then the median cost of treating adult males with the limited number of cancers identified in this act.

(6)  The VLCT analysis relied on birth-to-death probability statistics from the National Cancer Institute and did not acknowledge that men 70 years of age or older in the general population are three times more likely than men between the ages of 60 and 69 to contract cancer.  This is significant because Vermont firefighters over the age of 65 cannot take advantage of the rebuttable presumption created by this act.

(7)  The increased cancer risks for firefighters should motivate the VLCT and its member municipalities to develop and improve safe firefighting practices, including the purchase and use of improved protective equipment, which will reduce the frequency and extent of firefighters’ exposure to carcinogenic materials, thereby reducing the incidents of cancer for Vermont’s firefighters.

(8)  Any firefighter seeking to avail himself or herself of the rebuttable presumption created by this act will necessarily be required to live a healthier lifestyle, thereby reducing the overall cost of health care in Vermont, regardless of whether these costs are paid by a private health insurer, the VLCT health insurance trust, or workers’ compensation insurance carriers.

Sec. 2.  21 V.S.A. § 601(11)(E), (F), and (G) are added to read:

(E)  In the case of a firefighter, as defined in 20 V.S.A. § 3151(3) and (4), who suffers death or disability from a cancer listed in subdivision (iv) of this subdivision (11 E), the firefighter shall be presumed to have suffered the cancer as a result of exposure to conditions in the line of duty, unless it is shown by a preponderance of the evidence that the cancer was caused by non‑service‑connected risk factors or non‑service‑connected exposure, provided:

(i)  The firefighter completed an initial and any subsequent cancer screening evaluations as recommended by the American Cancer Society based on the age and sex of the firefighter prior to becoming a firefighter or within two years of the effective date of this act, and the evaluation indicated no evidence of cancer.

(ii)  The firefighter was engaged in firefighting duties or other hazardous activities over a period of at least five years in Vermont prior to the diagnosis.

(iii)  The presumption shall not apply to any firefighter who has used tobacco products at any time within ten years of the date of diagnosis.

(iv)  The disabling cancer shall be limited to leukemia, lymphoma, or multiple myeloma, and cancers originating in the bladder, brain, colon, gastrointestinal tract, kidney, liver, pancreas, skin, or testicles.

(v)  The firefighter is under the age of 65.

(F)  A firefighter who is diagnosed with cancer within ten years of the last active date of employment as a firefighter shall be eligible for benefits under this subdivision.  The date of injury shall be the date of the last injurious exposure as a firefighter. 

(G)  It is recommended that fire departments maintain incident report records for at least ten years.

House Proposal of Amendment to Senate Proposal of Amendment

H. 523

An act relating to moving families out of poverty.

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

First:  In Sec. 1, 33 V.S.A. § 1011(e), by inserting at the end of the sentence the phrase “provided that federal financial participation is available for such transitional medical assistance

Second:  In Sec. 11(b), 33 V.S.A. § 1114, by striking subdivision (b)(5) and inserting in lieu thereof a new subdivision (b)(5) to read:

(6)(5)  A participant who is needed in the home on a full or part‑time basis in order to care for an ill or disabled parent, spouse, or child.  In granting deferments, the department shall fully consider the participant’s preference as to the number of hours the participant is able to leave home to participate in work activities.

Third:  In Sec. 11, 33 V.S.A. § 1114, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read:

(c)  A participant who is able‑to‑work‑part‑time or is unable‑to‑work shall be referred for assessment of the individual’s skills and strengths, accommodations and support services, and vocational and other services in accordance with the provisions of his or her family development plan.  The work requirement hours shall reflect the individual’s ability to work. Participants with disabilities that do not meet the standards used to determine disability under Title XVI of the Social Security Act shall participate in rehabilitation, education, or training programs as appropriate.  A participant who qualifies for a deferment or modification and who is able‑to‑work‑part‑time shall have his or her work requirement hours modified or deferred.  In granting deferments, the department shall fully consider the participant’s estimation of the number of hours the participant is able‑to‑work.

Fourth:  In Sec. 15, 33 V.S.A. § 1122(e), by striking (6) and inserting a new subdivision (6) to read:

(6)  The participating parent agrees to limit employment to no more than 20 hours per week when school is in session.  The department may establish exceptions by rule to allow the participating parent to work more than 20 hours per week.

Fifth:  In Sec. 25, by striking (a) and inserting a new (a) to read:

(a)  The department for children and families shall develop a three‑year implementation plan with the goal of establishing Reach First on April 1, 2008, establishing Reach Ahead for families who leave Reach Up on October 1, 2008, as provided for in 33 V.S.A. § 1203(1) and establishing Reach Ahead for all other families as provided for in 33 V.S.A. § 1203 no later than April 1, 2009.

Sixth:  In Sec. 26, by striking (b) and inserting a new (b) to read:

(b)  The amendments to 33 V.S.A. chapter 11 contained in Secs. 2‑13 (Reach Up), 14 (solely state‑funded programs), and 16 (Reach Up transitions) of this act shall take effect immediately when the rule changes necessary to implement the sections become final, but no later than April 1, 2008.  Until the time that the rule modifications are final, the Reach Up program shall operate under current law.  Any provisions in these sections relating to Reach Ahead shall take effect on October 1, 2008.

Seventh:  In Sec. 26, by striking (d) and inserting a new (d) to read:

(d)  Reach First established in Sec. 1 of this act shall be implemented no later than April 1, 2008.  Reach Ahead established in Sec. 18 shall be implemented for families who leave Reach Up as provided for in 33 V.S.A. § 1203(1) no later than October 1, 2008.  Subject to appropriation, Reach Ahead shall be implemented for all other families as provided for in 33 V.S.A. § 1203 no later than April 1, 2009.

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.

J.R.S. 24

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

PENDING ACTION:  Second reading of the resolution.

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16a

     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 today’s adjournment.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.  For text of resolutions, see Addendum to Senate Calendar of Thursday, May 3, 2007.

S.C.R. 22

     Senate concurrent resolution commending the State House cafeteria management and staff for their outstanding work during the first year of the 2007-2008 biennium.

H.C.R. 125

House concurrent resolution congratulating Liz Stephen on her accomplishments as a competitive Nordic skier

H.C.R. 126

House concurrent resolution in memory of former Representative J. Russell Carpenter and of M. Ellen Carpenter

H.C.R. 127

House concurrent resolution congratulating the nursing staff at Southwestern Vermont Medical Center on the center’s second designation as a Magnet® hospital

H.C.R. 128

House concurrent resolution commemorating the 75th anniversary of the Green Mountain National Forest

H.C.R. 129

House concurrent resolution honoring state employees during Public Service Recognition Week

H.C.R. 130

House concurrent resolution honoring Vermont Adaptive Ski and Sports and the participating athletes on its Sugarbush ski team

H.C.R. 131

House concurrent resolution congratulating the Vermont Business Roundtable on its 20th anniversary

H.C.R. 132

House concurrent resolution honoring Dan Collins for over 40 years of superb service as a public educator

H.C.R. 133

House concurrent resolution honoring Northfield fire chief William C. Lyon


H.C.R. 134

House concurrent resolution honoring Sandra Demasi Kingsley for her outstanding 32‑year career on the administrative staff at Norwich University

H.C.R. 135

House concurrent resolution congratulating the Community High School of Vermont on earning accreditation from the New England Association of Schools and Colleges

H.C.R. 136

House concurrent resolution congratulating Collin Bigras on being named to the 2007 Sub-Junior All-American Trapshooting First Team

H.C.R.  137

House concurrent resolution honoring the role of foster parents during foster parent month

H.C.R. 138

House concurrent resolution congratulating Thomas Secoy on winning the 2007 Vermont Arbor Day poster contest

H.C.R. 139

House concurrent resolution commemorating the 25th anniversary of the Vietnam Veterans Memorial, “The Wall,” in Washington, D.C. and all Vietnam War Veterans

H.C.R. 140

House concurrent resolution welcoming the FISA’s 2007 international rowing tour on the Connecticut River

H.C.R. 141

House concurrent resolution congratulating the Route 100B Byway Committee on the designation of the Mad River Byway

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)

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)

R. Tasha Wallis of Stowe - Commissioner of the Department of Buildings and General Services - By Sen. Scott for the Committee on Institutions.  (4/30)

Peter C. Ozarowski of South Burlington - Member of the Parole Board - by Sen. Mazza for the Committee on Institutions.  (4/30)

James Ehlers of Colchester - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future - By Sen. Hartwell for the Committee on Natural Resources and Energy.  (5/1)

Shari P. Young of East Montpelier - Member of the Children and Family Council for Prevention Programs - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Justine Homiak of Jeffersonville - Member of the Children and Family Council for Prevention Programs - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Stephen S. Rauh of East Montpelier - Member of the Public Oversight Commission - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Daniel P. Smith of Burlington - Member of the Children and Family Council for Prevention Programs - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Sharon Wilson of Duxbury - Member of the Human Services Board - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Sharon Wilson of Duxbury - Member of the Human Services Board - By Sen. Flanagan for the Committee on Health and Welfare.  (5/3)

Wendy Schroeder of South Burlington - Member of the Public Oversight Commission - By Sen. Kittell for the Committee on Health and Welfare.  (5/3)

Theodore Marcy, M.D. of Williston - Member of the Vermont Tobacco Evaluation & Review Board - By Sen. Kittell for the Committee on Health and Welfare.  (5/3)

Marcia Biondolillo of Barre - Member of the Public Oversight Commission - By Sen. Kittell for the Committee on Health and Welfare.  (5/3)

Mark Moody of Montpelier - Member of the Children and Family Council for Prevention Programs - By Sen. Kittell for the Committee on Health and Welfare.  (5/3)

Stephen R. Dale of Montpelier - Commissioner of the Department for Children and Families - By Sen. Racine for the Committee on Health and Welfare.  (5/3)

Cynthia LaWare of Williston - Secretary of the Agency of Human Services - By Sen. Racine for the Committee on Health and Welfare.  (5/3)

Stephen P. Coulman of Waltham - Member of the Children and Family Council for Prevention Programs - By Sen. Racine for the Committee on Health and Welfare.  (5/3)

Deb Haskins of East Calais - Member of the Children and Family Council for Prevention Programs - By Sen. Racine for the Committee on Health and Welfare.  (5/3)

Deb Haskins of East Calais - Member of the Children and Family Council for Prevention Programs - By Sen. Racine for Committee on Health and Welfare.  (5/3)

Gary Richardson of Perkinsville - Member of the Human Services Board - By Sen. Mullin for the Committee on Health and Welfare.  (5/3)

Kreig Pinkham of Northfield - Member of the Children and Family Council for Prevention Programs - By Sen. Mullin for the Committee on Health and Welfare.  (5/3)

Sue Y. Clark of Vergennes - Member of the Children and Family Council for Prevention Programs - By Sen. Mullin for the Committee on Health and Welfare.  (5/3)

John B. Webber of Rutland - Member of the Board of Medical Practice - By Sen. Mullin for the Committee on Health and Welfare.  (5/3)

William Brooks of New Haven - Member of the Human Services Board - By Sen. Mullin for the Committee on Health and Welfare.  (5/3)

Patrick Flood of East Calais - Commissioner of the Department of Aging and Independent Living - By Sen. Lyons for the Committee on Health and Welfare.  (5/3)

Jessie Suter of Winooski - Member of the Children and Family Council for Prevention Programs - By Sen. Lyons for the Committee on Health and Welfare.  (5/3)

Kenneth A. Schatz of Burlington - Member of the Children and Family Council for Prevention Programs - By Sen. Lyons for the Committee on Health and Welfare.  (5/3)

Paul Hudson of Springfield - Chair of the Human Services Board - By Sen. White for the Committee on Health and Welfare.  (5/3)

Lynn Marie Bundy of Waterford - Member of the Children and Family Council for Prevention Programs - By Sen. White for the Committee on Health and Welfare.  (5/3)

James L. Patterson of Barre - Member of the Children and Family Council for the Committee on Health and Welfare.  (5/3)

Sharon L . Nicol of Sutton - Member of the Board of Medical Practice - By Sen. White for the Committee on Health and Welfare.  (5/3)

Joseph C. Benning of Lyndonville - Member of the Human Rights Commission - By Sen. Sears for the Committee on Judiciary.  (5/4)

Brian T. Byrnes of Middlebury - Member of the Human Rights Commission - By Sen. Nitka for the Committee on Judiciary.  (5/4)



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us