Download this document in MS Word format


AutoFill Template

Senate Calendar

wednesday, february 27, 2008

51st DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

Consideration Postponed Until Wednesday, February 27, 2008

S. 226     Requiring the installation of smoke detectors...................................... 448

                        Pending Question:  Shall the bill be amended as recommended .......                               by the Committee on Ec. Dev., Housing & General Affairs

NEW BUSINESS

Third Reading

S. 361     Authority to lease the state lottery...................................................... 448

Second Reading

Favorable

S. 250     Decreasing amounts of cocaine & heroin required to be possessed to .....                   trigger drug trafficking penalties  448

                        Judiciary Committee Report..................................................... 448

Committee Bill for Second Reading

S. 357     Domestic violence............................................................................. 448

                        By the Committee on Judiciary................................................. 448

                        Finance Committee Report...................................................... 448

                        Appropriations Committee Report........................................... 448

Request that Senate Recede from Senate Proposal of Amendment

H. 93      Relating to beer producers’ interest in retail liquor licenses................. 449

NOTICE CALENDAR

Favorable

S. 245     Relating to crime victims.................................................................... 449

                        Judiciary Committee Report..................................................... 449

Favorable with Recommendation of Amendment

S. 280     Relating to prosthetic parity............................................................... 449

                        Health and Welfare Committee Report..................................... 449


S. 281     Relating to end-of-life care and pain management.............................. 450

                        Health and Welfare Committee Report..................................... 450

S. 336     Relating to juvenile judicial proceedings............................................. 451

                        Judiciary Committee Report..................................................... 451

House Proposal of Amendment to Senate Proposal of Amendment

H. 580    Terms of members of the Vt. Tobacco Evaluation & Review Bd........ 461

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 462


S. 102     School dist. excess spending............................................................. 462

S. 118     Fiscal review of high spending school districts.................................... 462

JRS 24   Congressional “fast track” review of trade agreements....................... 462




 

ORDERS OF THE DAY

ACTION CALENDAR

Consideration Postponed until Wednesday, February 27, 2008

S. 226

An act relating to requiring the installation of smoke detectors.

Pending Question:  Shall the bill be amended as recommended by the Committee on Economic Development, Housing and General Affairs.

(For text of amendment, see Senate Journal for February 26, 2008, page 188)

NEW BUSINESS

Third Reading

S. 361

An act relating to authority to lease the state lottery.

Second Reading

Favorable

S. 250

An act relating to decreasing the amounts of cocaine and heroin required to be possessed to trigger drug trafficking penalties.

Reported favorably by Senator Mullin for the Committee on Judiciary.

(Committee vote: 5-0-0)

Committee Bill for Second Reading

S. 357

An act relating to domestic violence.

By the Committee on Judiciary.  (Senator Campbell for the Committee).

Reported favorably by Senator Cummings for the Committee on Finance.

(Committee vote: 7-0-0)

Reported favorably by Senator Sears for the Committee on Appropriations.

(Committee vote: 5-0-2)

Request that Senate Recede from Senate Proposal of Amendment

H. 93

An act relating to beer producers’ interest in retail liquor licenses.

The House has refused to concur in the Senate proposal of amendment and requests that the Senate recede therefrom.

(For text of Senate proposal of amendment see House Journal for February 21, 2008, page 317).

NOTICE CALENDAR

Favorable

S. 245

An act relating to crime victims.

Reported favorably by Senator Campbell for the Committee on Judiciary.

(Committee vote: 4-0-1)

Favorable with Recommendation of Amendment

S. 280

An act relating to prosthetic parity.

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

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

Sec. 1.  8 V.S.A. § 4088f is added to read:

§ 4088f.  PROSTHETIC PARITY

(a)  As used in this section:

(1)  “Health insurance plan” means any health insurance policy or health benefit plan offered by a health insurer, as defined in 18 V.S.A. § 9402, as well as Medicaid, the Vermont health access plan, and any other public health care assistance program offered or administered by the state or by any subdivision or instrumentality of the state.  The term shall not include policies or plans providing coverage for specific disease or other limited benefit coverage.

(2)  “Prosthetic device” means an artificial limb device to replace, in whole or in part, an arm or a leg.

(b)  A health insurance plan shall provide coverage for prosthetic devices in all health plans as is provided by the federal Medicare program.  Coverage may be limited to the prosthetic device that is the most appropriate model that is medically necessary to meet the patient’s medical needs.  Any dispute between the insured and the carrier concerning coverage and the application of this section shall be subject to independent external review under section 4089f of this title.

(c)  A health insurance plan may require prior authorization for prosthetic devices in the same manner and to the same extent as prior authorization is required for any other covered benefit.

(d)  A health insurance plan shall provide coverage under this section for the medically necessary repair or replacement of a prosthetic device.

(e)  A health insurance plan shall not impose any annual or lifetime dollar maximum on coverage for prosthetics that is less than the annual or lifetime dollar maximum that applies generally to all terms and services covered under the plan.

Sec. 2.  EFFECTIVE DATE

This act shall take effect on October 1, 2008 and shall apply to all health benefit plans on and after October 1, 2008 on such date as a health insurer offers, issues, or renews the health benefit plan, but in no event later than October 1, 2009.

(Committee vote: 6-0-0)

S. 281

An act relating to end-of-life care and pain management.

Reported favorably with recommendation of amendment by Senator Kittell for the Committee on Health and Welare.

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

Sec. 1.  REPORT ON PALLIATIVE CARE, END-OF-LIFE CARE, AND PAIN MANAGEMENT

(a)  The department of health shall convene a group of stakeholders to discuss how to improve palliative care, end-of-life care, and management of chronic pain.  Participants shall include the department of disabilities, aging, and independent living; ExCEL; the Hospice and Palliative Care Council of Vermont; Patient Choices at End of Life – Vermont; the Vermont Health Care Association; the Vermont Association of Hospitals and Health Systems; the Vermont Medical Society; the Vermont Center for Independent Living; the American Cancer Society; and other interested stakeholders.  The group shall examine available data from existing sources and evaluate their utility for driving improvements in palliative care, end-of-life care, and pain management services across settings in this state.

(b)  The group shall:

(1)  consider the value and feasibility of conducting ongoing studies or updating reports, or both;

(2)  develop recommendations for improving ongoing coordination of activities directed toward improving palliative care, end-of-life care, and pain management services throughout the state; and

(3)  develop recommendations for improving methods of informing consumers about options in this state for end-of-life care, palliative care, and management of chronic pain.

(c)  No later than January 15, 2009, the department of health shall report on the stakeholders’ group’s findings and recommendations to the senate committee on health and welfare and the house committees on health care and on human services.

(Committee vote: 6-0-0)

S. 336

An act relating to juvenile judicial proceedings.

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

The Committee recommends that the bill be amended as follows:

First:  In Sec. 1, 33 V.S.A. § 5102, by striking out subdivision (18) in its entirety and inserting in lieu thereof a new subdivision (18) to read:

(18)  “Protective supervision” means the authority granted by the court to the department in a juvenile proceeding to take reasonable steps to monitor compliance with the court’s order, including unannounced visits to the child’s home.

Second:  In Sec. 1, 33 V.S.A. § 5102, by striking out subdivision (22) in its entirety and inserting in lieu thereof a new subdivision (22) to read:

(22)  “Youth” shall mean a person who is the subject of a motion for youthful offender status or who has been granted youthful offender status.

Third:  In Sec. 1, 33 V.S.A., by striking out § 5108 in its entirety and inserting in lieu thereof a new § 5108 to read:

§ 5108.  Authority to issue warrants  

(a)  The court may order a parent, guardian, or custodian to appear at any hearing or a parent to appear with the child who is the subject of a petition.

(b)  If, after being summoned, cited, or otherwise notified to appear, a party fails to do so, the court may issue a warrant for the person’s appearance. 

(c)  If the child is with the parent, guardian, or custodian, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child or, in the alternative, the court may issue an order for an officer to pick up the child and bring the child to court.

(d)  If a summons cannot be served or the welfare of the child requires that the child be brought forthwith into the custody of the court, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child.  In the alternative, the court may issue an order for an officer to pick up the child and bring the child to court during court hours.

(e)  A person summoned who fails to appear without reasonable cause may be found in contempt of court.

Fourth:  In Sec. 1, 33 V.S.A. § 5110, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(b)  The general public shall be excluded from hearings under the juvenile judicial proceedings chapters, and only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court, including a foster parent or a representative of a residential program where the child resides, may be admitted by the court.  This subsection shall not prohibit a victim’s exercise of his or her rights under sections 5233 and 5234 of this title and as otherwise provided by law.

Fifth:  In Sec. 1, 33 V.S.A. § 5117(a), after “transferred for criminal prosecution” by adding or youthful offender status is revoked

Sixth: In Sec. 2, 33  V.S.A. § 5203, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(e)  Motions to transfer a case to family court for youthful offender treatment shall be made under section 5281 of this title.  

Seventh:  In Sec. 2, 33  V.S.A. § 5203, by striking out subsection (f) in its entirety.

Eighth:  In Sec. 2, 33 V.S.A. chapter 52, subchapter 2, by adding § 5235 to read:

§ 5235.  JUVENILE RESTITUTION

(a)  Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss.  For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(b)  When ordered, restitution may include:

(1)  return of property wrongfully taken from the victim;

(2)  cash, credit card, or installment payments paid to the restitution unit; and

(3)  payments in kind, if acceptable to the victim.

(c)  In awarding restitution, the court shall make findings in accordance with subdivision 5262(b)(2) of this title.

(d)  If restitution is ordered, the victim shall be entitled to payment from the crime victims’ restitution fund, pursuant to 13 V.S.A. § 5363.  An order of restitution shall establish the amount of material loss incurred by the victim, which shall be the restitution judgment order.  Every order of restitution shall include:

(1)  the juvenile’s name and address;

(2)  the name of the victim;

(3)  the amount ordered; and

(4)  any co-defendant names if applicable.

(e)  In the event the juvenile is unable to pay the restitution judgment order at the time of disposition, the court shall fix the amount thereof, which shall not exceed an amount the juvenile can or will be able to pay, and shall fix the manner of performance or refer to a restorative justice program that will address how loss resulting from the delinquency will be addressed, subject to modification under section 5264 of this title.

(f)  The court shall transmit a copy of a restitution order to the restitution unit, which shall make payment to the victim in accordance with 13 V.S.A. § 5363.

(g)  To the extent that the victims’ compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of Title 13, restitution, if imposed, shall be paid to the restitution unit, which shall make payment to the crime victims’ compensation fund.

(h)  When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(i)  Any information concerning restitution payments made by a juvenile shall be available to the Vermont restitution unit for purposes of determining restitution obligations of adult and juvenile co-defendants.

Ninth:  In Sec. 2, 33 V.S.A. § 5251(3), after “removal” by adding from the child’s current home

Tenth:  In Sec. 2, 33 V.S.A. § 5252(b)(2), after “taking temporary custody of the child.” by striking out “If” and inserting in lieu thereof The officer shall contact the department and, if

Eleventh:  In Sec. 2, 33 V.S.A. § 5253(a)(1)(A), by striking out “may have” and inserting in lieu thereof has

Twelfth:  In Sec. 2, 33 V.S.A. § 5255(e), by striking out subdivision (5) and inserting in lieu thereof a new subdivision (5) to read:

(5)(A)  The identity of a noncustodial parent and any relatives known to the department who may be suitable, willing, and available to assume temporary custody of the child.

(B)  With respect to any person whom the department identifies pursuant to this subdivision, the department shall conduct an assessment of the suitability of the person to care for the child.  The assessment shall include consideration of the person’s ability to care for the child’s needs, a criminal records check on the person, and a check of allegations of prior child abuse or neglect by the person or by other adults in the person’s home.  The court may continue the hearing if necessary to permit the department to complete the assessment.

Thirteenth:  In Sec. 2, 33 V.S.A. § 5255(f), after “removal” by adding , custody,

Fourteenth:  In Sec. 2, 33 V.S.A. § 5256(a), after “return” by striking out “in” and inserting in lieu thereof to

Fifteenth:  In Sec. 2, 33 V.S.A. § 5256(b)(1), after “protect the child” by adding and the community

Sixteenth:  In Sec. 2, 33 V.S.A., by striking out § 5258 in its entirety and inserting in lieu thereof a new § 5258 to read as follows:

§ 5258.  PostDisposition Review and Permanency Review for Delinquents in Custody

Whenever custody of a delinquent child is transferred to the commissioner, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title.  At the permanency review, the court shall consider only the permanency goal and whether the department should continue to maintain custody of the child and shall not consider the appropriateness of the particular placement chosen by the department.

Seventeenth:  In Sec. 2, 33 V.S.A., by striking out subchapter 5 in its entirety and inserting in lieu thereof a new subchapter 5 to read as follows:

Subchapter 5.  Youthful Offenders

§ 5281.  MOTION IN DISTRICT COURT

(a)  A motion may be filed in the district court requesting that a defendant under 18 years of age in a criminal proceeding who had attained the age of 10 but not the age of 18 at the time the offense is alleged to have been committed be treated as a youthful offender.  The motion may be filed by the state’s attorney, the defendant, or the court on its own motion.

(b)  Upon the filing of a motion under this section and the entering of a conditional plea of guilty by the youth, the district court shall enter an order deferring the sentence and transferring the case to the family court for a hearing on the motion.  Copies of all records relating to the case shall be forwarded to the family court.  Conditions of release and any department of corrections supervision or custody shall remain in effect until the family court approves the motion for treatment as a youthful offender and orders conditions of juvenile probation pursuant to section 5284 of this title.

(c)  A plea of guilty entered by the youth pursuant to subsection (b) of this section shall be conditional upon the family court granting the motion for youthful offender status. 

(d)(1)  If the family court denies the motion for youthful offender treatment pursuant to subsection 5284 of this title, the case shall be returned to the district court and the youth shall be permitted to withdraw the plea.  The conditions of release imposed by the district court pursuant to subsection (b) of this section shall remain in effect, and the case shall proceed as though the motion for youthful offender treatment had not been made. 

(2)  Subject to Rule 11 of the Vermont Rules of Criminal Procedure and Rule 410 of the Vermont Rules of Evidence, the family court’s denial of the motion for youthful offender treatment and any information related to the youthful offender proceeding shall be inadmissible against the youth for any purpose in the subsequent criminal proceeding in district court.   

§ 5282.  REPORT FROM THE DEPARTMENT

(a)  Within 30 days after the case is transferred to family court, unless the court extends the period for good cause shown, the department shall file a report with the family court.

(b)  A report filed pursuant to this section shall include the following elements:

(1)  A recommendation as to whether youthful offender status is appropriate for the youth.

(2)  A disposition case plan including proposed services and proposed conditions of juvenile probation in the event youthful offender status is approved. 

(3)  A description of the services that may be available for the youth when he or she reaches 18 years of age.

(c)  A report filed pursuant to this section is privileged and shall not be disclosed to any person other than the department, the court, the state’s attorney, the youth, the youth’s attorney, the youth’s guardian ad litem, the department of corrections, or any other person when the court determines that the best interests of the youth would make such a disclosure desirable or helpful.

§ 5283.  HEARING IN FAMILY COURT

(a)  Timeline.  A hearing on the motion for youthful offender status shall be held no later than 35 days after the transfer of the case from district court.

(b)  Notice.  Notice of the hearing shall be provided to the state’s attorney; the youth; the youth’s parent, guardian, or custodian; the department; and the department of corrections.

(c)  Hearing procedure.   

(1)  If the motion is contested, all parties shall have the right to present evidence and examine witnesses.  Hearsay may be admitted and may be relied on to the extent of its probative value.   If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.

(2)  Hearings under subsection 5284(a) of this title shall be open to the public.  All other youthful offender proceedings shall be confidential.

(d)  The burden of proof shall be on the moving party to prove by a preponderance of the evidence that a child should be granted youthful offender status.  If the court makes the motion, the burden shall be on the youth.

(e)  Further hearing.  On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case.    

§ 5284.  DETERMINATION AND ORDER

(a)  In a hearing on a motion for youthful offender status, the court shall first consider whether public safety will be protected by treating the youth as a youthful offender.  If the court finds that public safety will not be protected by treating the youth as a youthful offender, the court shall deny the motion and return the case to district court pursuant to subsection 5281(d) of this title.  If the court finds that public safety will be protected by treating the youth as a youthful offender, the court shall proceed to make a determination under subsection (b) of this section.

(b)(1)  The court shall deny the motion if the court finds that:

(A)  the youth is not amenable to treatment or rehabilitation as a youthful offender; or

(B)  there are insufficient services in the juvenile court system and the department to meet the youth’s treatment and rehabilitation needs.

(2)  The court shall grant the motion if the court finds that:

(A)  the youth is amenable to treatment or rehabilitation as a youthful offender; or

(B)  there are sufficient services in the juvenile court system and the department to meet the youth’s treatment and rehabilitation needs.

(c)  If the court approves the motion for youthful offender treatment, the court:

(1)  shall approve a disposition case plan and impose conditions of juvenile probation on the youth; and

(2)  may transfer legal custody of the youth to a parent, relative, person with a significant relationship with the youth, or commissioner, provided that any transfer of custody shall expire on the youth’s eighteenth birthday. 

(d)  The department shall be responsible for supervision of and providing services to the youth until he or she reaches the age of 18.  A lead case manager shall be designated who shall have final decision-making authority over the case plan and the provision of services to the youth.  The youth shall be eligible for appropriate community-based programming and services provided by the department.

(e)  The youth shall not be permitted to withdraw his or her plea of guilty after youthful offender status is approved except to correct manifest injustice pursuant to rule 32(d) of the Vermont Rules of Criminal Procedure. 

§ 5285.  Modification or revocation of disposition

(a)  If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in family court.  The court shall set the motion for hearing as soon as practicable. The hearing may be joined with a hearing on a violation of conditions of probation under section 5265 of this title.  A supervising juvenile or adult probation officer may detain in an adult facility a youthful offender who has attained the age of 18 for violating conditions of probation.  

(b)  A hearing under this section shall be held in accordance with section 5268 of this title.

(c)  If the court finds after the hearing that the youth has violated the terms of his or her probation, the court may:

(1)  maintain the youth’s status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate;

(2)  revoke the youth’s status as a youthful offender status and return the case to the district court for sentencing; or

(3)  transfer supervision of the youth to the department of corrections.

(d)  If a youth’s status as a youthful offender is revoked and the case is returned to the district court under subdivision (c)(2) of this section, the district court shall hold a sentencing hearing and impose sentence.  When determining an appropriate sentence, the district court may take into consideration the youth’s degree of progress toward rehabilitation while on youthful offender status.  The district court shall have access to all family court records of the proceeding.  

§ 5286.  Review prior to the age of 18

(a)  The family court shall review the youth’s case before he or she reaches the age of 18 and set a hearing to determine whether the court’s jurisdiction over the youth should be continued past the age of 18.   The hearing may be joined with a motion to terminate youthful offender status under section 5285 of this title.  The court shall provide notice and an opportunity to be heard at the hearing to the state’s attorney, the youth, the department, and the department of corrections. 

(b)  After receiving a notice of review under this section, the state may file a motion to modify or revoke pursuant to section 5285 of this title.  If such a motion is filed, it shall be consolidated with the review under this section and all options provided for under section 5285 of this title shall be available to the court.

(c)  The following reports shall be filed with the court prior to the hearing:

(1)  The department shall report its recommendations, with supporting justifications, as to whether the family court should continue jurisdiction over the youth offender past the age of 18 and, if continued jurisdiction is recommended, whether the department or the department of corrections should   be responsible for supervision of the youthful offender.

(2)  If the department recommends that the department of corrections be responsible for supervision of the youthful offender past the age of 18, the department shall notify the department of corrections, which shall report on the services which would be available for the youth in the event supervision over him or her is transferred to the department of corrections.  

(d)  If the court finds that it is in the best interest of the youth and consistent with community safety to continue the case past the age of 18, it shall make an order continuing the court’s jurisdiction up to the age of 22.  The order shall specify whether the youth will be supervised by the department or the department of corrections.  Irrespective of which department is specified in the order, the department and the department of corrections shall jointly develop a case plan for the youth and coordinate services and share information to ensure compliance with and completion of the juvenile disposition.

(e)  If the court finds that it is not in the best interest of the youth to continue the case past the age of 18, it shall terminate the disposition order, discharge the youth, and dismiss the case in accordance with section 5287(c) of this title.

§ 5287.  Termination or continuance of PROBATION

(a)  A motion may be filed at any time in the family court requesting that the court terminate the youth’s status as a youthful offender and discharge him or her from probation.  The motion may be filed by the state’s attorney, the youth, the department, or the court on its own motion.  The court shall set the motion for hearing and provide notice and an opportunity to be heard at the hearing to the state’s attorney, the youth, and the department.   

(b)  In determining whether a youth has successfully completed the terms of probation, the court shall consider:

(1)  the degree to which the youth fulfilled the terms of the case plan and the probation order;

(2)  the youth’s performance during treatment;

(3)  reports of treatment personnel; and

(4)  any other relevant facts associated with the youth’s behavior.

(c)  If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the family court case.  The family court shall provide notice of the dismissal to the district court, which shall dismiss the district court case. 

(d)  Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the district court shall be expunged, and all records relating to the case in the family court shall be sealed pursuant to section 5119 of this title.

(e)  If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary.

§ 5288.  Rights of victims in youthful offender proceedings

(a)  The victim in a proceeding involving a youthful offender shall have the following rights:

(1)  To be notified by the prosecutor in a timely manner when a court proceeding is scheduled to take place and when a court proceeding to which he or she has been notified will not take place as scheduled.

(2)  To be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence and to express reasonably his or her views concerning the offense and the youth.

(3)  To request notification by the agency having custody of the youth before the youth is released from a residential facility.

(4)  To be notified by the prosecutor as to the final disposition of the case.

(5)  To be notified by the prosecutor of the victim’s rights under this section.

(b)  In accordance with court rules, at a hearing on a motion for youthful offender treatment under section 5281 of this title, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition.  In ordering disposition, the court shall consider any views offered at the hearing by the victim.  If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.

(c)  No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.

(d)  For purposes of this section “victim” shall have the same meaning as in subdivision 5301(4) of Title 13.

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

Sec. 3.  33  V.S.A. chapter 53 is added to read:

CHAPTER 53.  CHILDREN IN NEED OF

CARE OR SUPERVISION  

[RESERVED]

Nineteenth:  By adding a new Sec. 4 to read:

Sec. 4.  13 V.S.A. § 5363(c) is amended to read:

(c)  The restitution unit shall make disbursements from the restitution special fund only to pay restitution obligations arising under section 7043 of this title or 33 V.S.A. § 5262, to support the restitution unit, or pursuant to subsection (d) of this section.

Twentieth:  By adding a new Sec. 5 to read:

Sec. 5.  EFFECTIVE DATE

This act shall take effect on January 1, 2009, except for 33 V.S.A. chapter 52, subchapter 5 (youthful offenders), which shall take effect on July 1, 2008.

and by renumbering the remaining section to be numerically correct.

(Committee vote: 5-0-0)

House Proposal of Amendment to Senate Proposal of Amendment

H. 580

An act relating to terms of members of the Vermont Tobacco Evaluation and Review Board.

The House proposes to the Senate to amend the proposal of amendment further by adding a new Sec. 1a as follows:

Sec. 1a.  TRANSITIONAL PROVISIONS; APPLICATION

This act shall apply to current members of the Vermont tobacco evaluation and review board so that the term of a member who was appointed prior to the effective date of this act shall be deemed to have begun on July 1 of the year in which the appointment was made.

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 QUESTION:  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.

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.

Kevin Dorn of Essex Junction - Secretary of the Agency of Commerce & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Bruce Hyde of Granville - Commissioner of the Department of Tourism & Marketing - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

John Hall of St. Johnsbury - Commissioner of the Department of Housing & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Michael W. Quinn of Essex Junction - Commissioner of the Department of Economic Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board and Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board & Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Brian Vachon of Middlesex - Member of the State Board of Education - By Sen. Doyle for the Committee on Education.  (1/17)

Gerald J. Myers of Winooski - Commissioner of the Department of Buildings and General Services - By Sen. Scott for the Committee on Institutions.  (1/23)

Thomas Scala of Brattleboro - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

Virginia Barry of Barre - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

David J. Kurzman of Beecher Falls - Member of the Vermont Economic Development Authority - By Sen. Maynard for the Committee on Finance.  (1/23)

Heidi Pelletier of Montpelier – Member of the Vermont State Colleges Board of Trustees – By Senator Doyle for the Committee on Education. (1/23)

Jessica Bullock of Clarendon – Member of the State Board of Education – By Senator Nitka for the Committee on Education. (1/23)

David Herlihy of Waitsfield - Commissioner of the Department of Human Resources - By Senator Doyle for the Committee on Government Operations.  (2/8)

Fayneese Miller of South Burlington - Member of the State Board of Education - By Senator Collins for the Committee on Education.  (2/13)

Lisa Mitiguy Randall of Colchester - Chair of the Vermont Housing Finance Agency - By Senator Condos for the Committee on Finance.  (2/13)

Nathaniel M. Hayward of South Hero - Member of the Vermont Economic Development Authority - By Senator Condos for the Committee on Finance.  (2/13)

Peter J. Wright of Lake Elmore - Member of the Vermont State Colleges Board of Trustees - By Senator Starr for the Committee on Education.  (2/13)

Jeffrey L. Davis of Williston - Member of the University of Vermont and State Agricultural College Board of Trustees - By Senator Starr for the Committee on Education.  (2/20)

David R. Kimel of St. Albans - Member of the Vermont Municipal Bond Bank - By Senator McCormack for the Committee on Finance.  (2/21)

James E. Potvin of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/20)

John W. Valente of Rutland - Director of the Vermont Municipal Bond Bank - By Senator Carris for the Committee on Finance.  (2/27)

Sandra Predom of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Carris for the Committee on Finance.  (2/27)

Edward T. Ogarzalek of Rutland - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/27)

REPORTS ON FILE

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

113.  Workforce Development Council Annual Report.  (February 2008).

114.  Income from Mountain Top Communication Sites.  (Agency of Natural Resources, Department of Forests, Parks and Recreation).  (February 2008).

115.  Status of Capital Projects Funded in Whole or in Part by State Capital Appropriations.  (University of Vermont).  (February 2008).

116.  An Act Relating to Equal Educational Opportunity:  Measuring Equity 2008 Report on Act 60 of 1997.  (Department of Education).  (February 2008).

117.  An Act to Strengthen the Capacity of Vermont’s Education System to meet the Educational Needs of All Vermont Students, 2008 Report on Act 117 of 2000.  (Department of Education).  (February 2008).

118.  An Act Relating to Public School Choice in Grades 9-12, 2008, Report on Act 150 of 2000.  (Department of Education).  (February 2008).

119.  An Act Relating to the High School completion Program, 2008 Report on Act 176.  (Department of Education).  (February 2008).

120.  Memorandum of Understanding - Interagency Agreement Required under Part B of the Federal Individuals with Disabilities Education Act.  An Act Relating to Correctional Facilities, Sec. 7 of Act 64.  (Department of Education).  (February 2008).

121.  An Act Relating to Making Appropriations for the Support of Government:  Racially and Ethnically Diverse Teachers; Recruitment and Retention.  (Department of Education).  (February 2008).

122.  An Act Relating to Miscellaneous Changes to Education Law:  Statewide Network for Distance Learning.  (Department of Education, Standards and Assessment Division).  (February 2008).

123.  An Act Relating to Miscellaneous Changes to Education Law:  Pregnant and Parenting Pupils Attending Teen Parent Education Programs, Act 66 of 2007, Sec. 22.  (Department of Education).  (February 2008).

124.  An Act Relating to Education Quality and Cost Control:  Operational Effectiveness and Efficiency of the Department of Education, .  (Department of Education).  (February 2008).

125.  An Act Relating to Education Quality and Cost Control:  Financial Management of School Districts and Supervisory Unions, 2007 Report6 on Act 82, Sec. 18.  (Department of Education, School Finance Division).  (February 2008).

126.  An Act Relating to Education Quality and Cost Control:  Education Governance, 2007 Report on Act 82, Sec. 19.  (Department of Education).  (February 2008).

127.  Report to the Legislature to Address Services for Individuals with Autism Spectrum Disorders.  (Agency of Human Services and Department of Education).  (February 2008).

128.  Vermont 2008 Success Beyond Six.  (Department of Mental Health and Department of Education).  (February 2008).

PUBLIC HEARINGS

Thursday, March 13, 2008 - Room 11 - 6:00-8:00 p.m. - H. 866 - Education Adjusted Gross Income Tax and H. 869 - Local Education Affordability Formula (LEAF) - House Committee on Ways and Means.

Thursday, March 27, 2008 - Room 11 - 5:00-7:00 p.m. - H. 543 - Funding of the Department of Fish and Wildlife - House Committee on Fish, Wildlife and Water Resources.

INFORMATION NOTICE

The following item was received by the Joint Fiscal Committee:

JFO #2318 –$51,000 grant from the National Parks Service, Historic Preservation Grants Division to the Department of Housing and Community Affairs.  These grant funds (with $51,000 in non-federal match) will be used to create Geographic Information System (GIS) database information for the following eight designated downtowns:  Bennington, Brandon, Burlington, Poultney, St. Albans, St. Johnsbury, White River Junction, and Winooski.  This information will be used in municipal planning, economic development activities, and heritage tourism promotion.   [JFO received 02/25/08]



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us