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Senate Calendar

thursday, march 13, 2008

66th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED TO THURSDAY, MARCH 13, 2008

Third Reading

S. 357     Domestic violence............................................................................. 627

                        Sen. Illuzzi amendment............................................................. 627

NEW BUSINESS

Third Reading

S. 89       Payment of rent into court pursuant to a commercial lease.................. 629

S. 210     Appointment of town school district treasurer.................................... 629

S. 364     Audit & reliability assessment of VT Yankee Nuclear Facility............ 629

                        Sen. Coppenrath amendment................................................... 629

Second Reading

Favorable with Recommendation of Amendment

S. 168     Operating a motor vehicle under influence of alcohol or drugs............ 629

                        Judiciary Committee Report..................................................... 630

NOTICE CALENDAR

Favorable

JRH 45  Loan auction pilot program for federal family education loans............. 630

                        Education Committee Report................................................... 630

Favorable with Recommendation of Amendment

S. 229     Relating to access to public records................................................... 630

                        Government Operations Committee Report.............................. 630

S. 360     Increasing substance abuse treatment, vocational training, and .................                   transitional housing for offenders in order to reduce recidivism, .................................................................                   increase public safety, and reduce corrections costs.................................................................................. 634

                        Judiciary Committee Report..................................................... 634

                        Appropriations Committee Report........................................... 644

                        Sen. Illuzzi amendment............................................................. 647


ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 649


S. 102     School dist. excess spending............................................................. 649

S. 118     Fiscal review of high spending school districts.................................... 649

S. 344     Internet and mail order sales of tobacco products.............................. 649

JRS 24   Congressional “fast track” review of trade agreements....................... 649

Concurrent Resolutions for Notice

(For text of Resolutions, see Addendum to March 13, 2007 Calendar)

HCR 227   Poultney High School 2008 cheerleading champions........................ 96

HCR 228   Howard Herrington 2007 Wal-Mart VT Teacher of the year........... 97

HCR 229   In memory of former Rep. Peter Martin of St. Albans Town............ 98

HCR 230   Congratulating Governor’s Institutes of VT on 25th anniversary........ 99

HCR 231   Girl Scout Council of VT 2007 Gold and Silver Award winners..... 101

HCR 232   Girl Scout Council of Vermont Girl Scout Week............................ 103

HCR 233   Honoring Federal TRIO Programs in Vermont............................... 104

HCR 234   BFA-St. Albans Comets girls’ championship hockey team............. 104

HCR 235   In memory of John Burgess of Brattleboro..................................... 106



 

ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED TO THURSDAY, MARCH 13, 2008

Third Reading

S. 357

An act relating to domestic violence.

AMENDMENT TO S. 357 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the bill as follows:

First:  In Sec. 3, 12 V.S.A. §5133(d)(3), by striking out the words “and is being released from prison” and by striking out the word “shall” and inserting in lieu thereof the word may

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

Sec. 9.  13 V.S.A. §1045 is added to read:

§1045.  INTERFERENCE WITH ACCESS TO EMERGENCY SERVICES

(a)  A person who, during or within a reasonable time period following the commission of a crime, willfully or recklessly prevents or attempts to prevent a person from seeking or receiving emergency medical assistance, emergency assistance from a third party, or assistance from a law enforcement agency or law enforcement officer, shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

(b)  Information that the defendant made or attempted to make inaccessible or inoperable a telephone or other electronic communication device shall also be admissible as evidence in connection with an action alleging a violation of this section.

Third:  By striking out Sec. 10 in its entirety and inserting in lieu thereof the following:

Sec. 10. 13 V.S.A. §1047 is added to read:

§1047. OFFENSE COMMITTED WITHIN THE PRESENCE OF A CHILD

When imposing sentence following a conviction for conduct prohibited by this subchapter, the court may take into consideration whether the offense was committed within the presence of a child, which includes whether the child was in a position to see or hear events leading up to the commission of the offense, or its immediate aftermath.

     Fourth:  In Sec. 11, 13 V.S.A. §2602(e) after the words “prior conviction for” by inserting lewd or lascivious conduct,

     Fifth:  In Sec. 12, 15 V.S.A. §668a, subdivision (e)(2), by striking out the last sentence and inserting in lieu thereof the following:  A hearing shall be held within ten days from the date on which the order was issued. In courts which do not regularly meet five days per week, the hearing shall be held within ten days, or as soon thereafter as is reasonably practicable.  Hearings may be conducted over the telephone or through the use of other electronic means, unless the court orders otherwise for good cause shown.

     Sixth:  In Sec. 13, 15 V.S.A. §1103, by striking out subsection (c) and inserting the following:

(c)  If the court finds that the defendant has abused the plaintiff and that there is a danger of further abuse ,or that the defendant has been convicted of domestic assault, aggravated domestic assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or lascivious conduct, lewd or lascivious conduct with child, use of a child in a sexual performance, or consenting to a sexual performance, the court shall may make such orders as it deems necessary to protect the plaintiff, the children, or both ,which.  The court may consider the defendant’s past conduct, as defined in section 5131 of Title 12, , as relevant information of a danger of further abuse, including instances of prior abuse or threatening behavior, whether or not that conduct resulted in one or more criminal convictions, and whether or not that conduct was contained in a prior court order that was dismissed at the request of the plaintiff.  The court order may include the following:

* * *

     Seventh:  In Sec. 14, 15 V.S.A. §1105 (a), in the last sentence after the words “actual notice” by inserting the words on the record and by adding a new sentence to read as follows: An affidavit from a law enforcement officer or a court officer that the defendant received actual notice on the record shall be admitted into evidence and shall constitute a permissive inference in a criminal action and a rebuttable presumption in any civil action that the defendant received actual notice of the order.

     Eighth:  In Sec. 15, 15 V.S.A. §665a, subsection (a), after the words “the prior ten years” by inserting or in a proceeding in which a child has been found to be in need of care and supervision pursuant to the provisions of Chapter 55 of Title 33,

     Ninth:  In Sec. 15, 15 V.S.A. §665a, by adding a new subsection (e) to read as follows:

     (e) Notwithstanding any applicable confidentiality requirements to the contrary, any information maintained by the family court relating to findings in a petition alleging the child has been found to be in need of care and supervision may be obtained and relied upon by the parties and the court in developing a parent-child contact order; provided, however, that any documents obtained from a juvenile proceeding and introduced into evidence shall be filed under seal with the court at the conclusion of the hearing and any documents obtained by the parties shall remain confidential.

NEW BUSINESS

Third Reading

S. 89

An act relating to permitting payment of rent into court pursuant to a commercial lease.

S. 210

An act relating to the appointment of a town school district treasurer pending election at a special or annual meeting.

S. 364

An act relating to a comprehensive vertical audit and reliability assessment of the Vermont Yankee nuclear facility.

AMENDMENT TO S. 364 TO BE OFFERED BY SENATOR COPPENRATH BEFORE THIRD READING

Senator Coppenrath moves to amend the bill in Sec. 1(a), in the second sentence by striking out the word “life” and inserting in lieu thereof the word license and by striking out the words “40-year design” and inserting in lieu thereof the words original 40-year license

Second Reading

Favorable with Recommendation of Amendment

S. 168

An act relating to operating a motor vehicle under the influence of alcohol or drugs.

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

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

Sec. 1.  23 V.S.A. § 1200 is amended to read:

§ 1200.  DEFINITIONS

As used in this subchapter,:

* * *

(2)  “Drug” means:

(A)  a regulated drug as defined in section 4201 of Title 18; or

(B)  any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person as to noticeably and appreciably impair the person’s ability to safely drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties, using reasonable care, would drive a similar vehicle under like conditions.

* * *

(Committee vote: 4-1-0)

NOTICE CALENDAR

Favorable

J.R.H. 45

Joint resolution urging congress to repeal the planned competitive loan auction pilot program for the federal family education loan program’s plus loans to parent.

Reported favorably by Senator Nitka for the Committee on Education.

(Committee vote: 5-0-0)

(For text of Resolution, see Senate Journal for February 29, 2008, page 256)

Favorable with Recommendation of Amendment

S. 229

An act relating to access to public records.

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

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.  1 V.S.A. § 318 is amended to read:

§ 318.  PROCEDURE

* * *

(b)  Any person making a request to any agency for records under subsection (a) of this section shall be deemed to have exhausted his the person’s administrative remedies with respect to each request if the agency fails to comply within the applicable time limit provisions of this section.  Upon any determination by an agency to comply with a request for records, the records shall be made available promptly to the person making such request.  Any notification of denial of any request for records under this section shall set forth the names and titles or positions of each person responsible for the denial of such request.

(c)  Any denial of access by the custodian of a public record may be appealed to the head of the agency.  The head of the agency shall make a written determination on an appeal within five business days after the receipt of the appeal.  A written determination shall include the asserted statutory basis for denial and a brief statement of the reasons and supporting facts for denial.  If the head of the agency reverses the denial of a request for records, the records shall be promptly made available to the person making the request.  A failure by the agency to comply with any of the time limit provisions of this section shall be deemed a final denial of the request for records by the agency.

Sec. 2.  1 V.S.A. § 321 is added to read:

§ 321.  PUBLIC RECORDS ACT REVIEW COMMITTEE

(a)  There is established a committee to review the requirements of the public records act and the numerous exemptions to that act in order to assure the integrity, viability, and the ultimate purposes of the act.  The review committee shall consist of the following members:

(1)  One member of the senate appointed by the committee on committees;

(2)  One member of the house of representatives appointed by the speaker of the house;

(3)  The attorney general or his or her designee;

(4)  The secretary of administration or his or her designee;

(5)  The state auditor or his or her designee;

(6)  The state archivist or his or her designee;

(7)  One representative of municipal interests, appointed by the Vermont League of Cities and Towns;

(8)  One representative of the Vermont press association, appointed by the association;

(9)  One representative of school or educational interests appointed by the governor;

(10)  One representative of a statewide coalition of advocates of freedom of access appointed by the speaker of the house;

(11)  One member of the American Civil Liberties Union appointed by the union;

(12)  One representative of the judiciary appointed by the court administrator.

(b)  The review committee shall review and analyze each of the exemptions in statute to the review and disclosure of public records required by section 317 of this title.  Annually, the review committee shall review at least 20 exemptions in statute to the review and disclosure of public records required by section 317 of this title.  Prior to each legislative session, the committee shall report to the house and senate committees on government operations and the house and senate committees on judiciary with recommendations concerning whether any public records act exemption should be repealed, amended, or remain unchanged.  The report of the committee may take the form of draft legislation. 

(c)  In reviewing and making recommendation regarding an existing public records act exemption under subsection (b) of this section, the committee shall review the following criteria:

(1)  Whether a record protected by an exemption is required to be collected and maintained;

(2)  The value to an agency or to the public in maintaining a record protected by the exemption;

(3)  Whether federal law requires a record to be confidential;

(4)  Whether the exception protects an individual’s privacy interest and, if so, whether that interest substantially outweighs the public interest in the disclosure of records;

(5)  Whether public disclosure puts a business at a competitive disadvantage and, if so, whether that business’s interest substantially outweighs the public interest in the disclosure of records;

(6)  Whether public disclosure compromises the position of a public agency in negotiations and, if so, whether that public agency’s interest substantially outweighs the public interest in the disclosure of records;

(7)  Whether public disclosure jeopardizes the safety of a member of the public or the public in general and, if so, whether that safety interest substantially outweighs the public interest in the disclosure of records;

(8)  Whether the exception is as narrowly tailored as possible; and

(9)  Any other criteria that assist the review committee in determining the value of the exception as compared to the public’s interest in the record protected by the exception. 

(d)  On or before January 15, 2010, the review committee shall report to the senate and house committees on government operations with a recommended fee structure for staff time associated with complying with and reviewing public records requests.  In making a recommendation under this subsection, the review committee shall attempt to balance the public policy in allowing for access to the public records of the state with the cost of public records requests on public agencies.

(e)  The review committee may hold public hearings and solicit the input of interested parties regarding exemptions under its review.  Meetings of the review committee and public hearings held by the review committee shall be subject to the provisions of subchapter 2 of chapter 5 of Title 1.  The office of the secretary of state shall provide staff services to the committee.  Members of the committee may receive a per diem and expenses pursuant to section 1010 of Title 32.

Sec. 3.  18 V.S.A. § 5001 is amended to read:

§ 5001.  VITAL RECORDS; FORMS OF CERTIFICATES

(a)  Certificates of birth, marriage, civil union, divorce, death, and fetal death shall be in form prescribed by the commissioner of health and distributed by the health department.

(b)  Beginning January 1, 2010, all certificates of birth, marriage, civil union, divorce, death, and fetal death shall be issued on unique paper with

antifraud features approved by the commissioner of health and available from the health department.

Sec. 4.  1 V.S.A. § 317(b) is amended to read:

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

(Committee vote: 5-0-0)

S. 360

An act relating to increasing substance abuse treatment, vocational training, and transitional housing for offenders in order to reduce recidivism, increase public safety, and reduce corrections costs.

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

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

Sec. 1.  SHORT TITLE

This act may be known as “The Justice Reinvestment Act.”

Sec. 2.  PURPOSE, FINDINGS, AND INTENT

(a)  It is the purpose of this act to reduce recidivism, increase public safety, and reduce corrections costs by increasing substance abuse treatment, vocational training, and transitional housing for misdemeanants and persons who have committed nonviolent felonies as defined in section 205 of Title 28.

(b)  The general assembly finds that:

(1)  Vermont’s incarcerated population is growing at an unsustainable rate.

(2)  Property and drug offenders are the fastest growing segment of the prison population.  Between 2000 and 2006, over one-half the increase in the felony prison population was due to property and substance abuse offenses.

(3)  Seventy-seven percent of those sentenced for a property or drug felony have a substance abuse disorder.  Two-thirds of them report having received mental health treatment in the past.  Fifty-five percent report being frequently unemployed prior to incarceration.

(4)  Of those incarcerated for a property or drug felony, only 13 percent are receiving treatment.

(c)  The general assembly further finds that:

(1)  As the public inebriate study committee outlined in its report, the Vermont legislature enacted the Alcohol Services Act in 1978 in order to decriminalize public intoxication and create a program to place public inebriates in treatment rather than jail.  In 1977, the last full year prior to the Act’s passage, 550 persons were jailed after being charged with public intoxication.  However, by 2006, 2,322 persons out of 4,179 screened had been placed in protective custody without being charged with a crime, a substantial increase in both total cases and incarcerations.

(2)  As the public inebriate study committee concluded, the Alcohol Services Act has produced results contrary to the legislature’s intent.  The inebriate program established by the act does not work effectively, except in selected areas where staffed shelters exist.

(3)  It is imperative that a new approach to public inebriation be taken, because it is unconscionable that in the 21st century persons are incarcerated who have not committed a crime.

(d)  The general assembly further finds that:

(1)  Each month approximately 70 inmates meet the criteria for reentering the community under the supervision of the commissioner of corrections.  However, almost one-half are not released because of insufficient housing options.

(2)  For many low risk offenders, studies show that a minimum sentence is likely to deter reoffense, and that a longer sentence does not decrease the likelihood of reoffense.  Therefore, statute authorizes the commissioner of corrections to release certain offenders 90 days prior to the minimum sentence date.  However, on average, eligible inmates are not released until 53 days prior to the minimum sentence date.

(e)  Therefore, in order to reduce recidivism, increase public safety, and reduce the cost to the state of incarcerating offenders, it is the intent of the general assembly to:

(1)  increase substance abuse treatment services, vocational training, and transitional housing available to offenders;

(2)  provide for careful screening and assessment of offenders in order to connect those with high needs with appropriate treatment programs, and to ensure that those who do not need treatment are not required to participate; 

(3)  provide incentives for offenders to engage in positive behaviors; and

(4)  establish processes for reducing incarceration time when appropriate. 

Sec. 3.  28 V.S.A. § 1(b) is amended to read:

(b)  The department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release.  The department shall develop and implement a comprehensive program which will provide necessary closed custodial confinement of frequent, dangerous offenders, but which also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community.  The department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.  The department shall assess each offender for substance abuse treatment needs, using an assessment tool designed to assess the suitability of a broad range of treatment services, and use the results of this assessment in preparing the reentry plan.  The department may assess an offender sentenced to a minimum term of more than five years later than 30 days after receiving the sentence but at least within a year of receiving the sentence.

Sec. 4.  28 V.S.A. § 102(b) is amended to read:

(b)  The commissioner is charged with the following powers:

* * *

(5)  To order the assignment and transfer of persons committed to the custody of the commissioner to correctional facilities, including out-of-state facilities.

Sec. 5.  28 V.S.A. § 202 is amended to read:

§ 202.  POWERS AND RESPONSIBILITIES OF THE COMMISSIONER REGARDING PROBATION

The commissioner shall be charged with the following powers and responsibilities regarding the administration of probation:

(1)  To maintain general supervision of persons placed on probation, and to prescribe rules and regulations, consistent with any orders of the court, governing the conduct of such persons;

(2)  To supervise the administration of probation services and establish policies and standards and make rules and regulations regarding probation investigation, supervision, case work and case loads, record keeping, and the qualification of probation officers.  The commissioner may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, or transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on probation.

Sec. 6.  28 V.S.A. § 205 is amended to read:

§ 205.  PROBATION

(a)(1)  After passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the commissioner upon such conditions and for such time as it may prescribe in accordance with law or until further order of court.

(2)  The term of probation for misdemeanors shall be for a specific term not to exceed two years unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(3)(A)  The term of probation for nonviolent felonies shall not exceed the statutory maximum term of imprisonment for the offense unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(B)  As used in this subdivision, "nonviolent felonies" means an offense which is not:

(i)  a listed crime as defined in subdivision 5301(7) of Title 13; or

(ii)  an offense involving sexual exploitation of children in violation of chapter 6 of Title 13.

(4)  Nothing in this subsection shall prevent the court from terminating the period of probation and discharging a person pursuant to section 251 of this title.

(5)  The probation officer of a person on probation for a specific term shall review the person's case file during probation and, not less than 45 days prior to the expiration of the probation term, may file a petition with the court requesting the court to extend the period of probation for a specific term not to exceed one year in order to provide the person the opportunity to complete programming consistent with special conditions of probation.  A hearing on the petition for an extension of probation under this subsection shall comply with the procedures set forth in Rule 32.1 of the Vermont Rules of Criminal Procedure.

(b)  The victim of a listed crime as defined in 13 V.S.A. § 5301(7) for which the offender has been placed on probation shall have the right to request, and receive from the department of corrections information regarding the offender's general compliance with the specific conditions of probation. Nothing in this section shall require the department of corrections to disclose any confidential information revealed by the offender in connection with participation in a treatment program.

(c)(1)  Unless the court in its discretion finds that the interests of justice require additional standard and special conditions of probation, when the court orders a specific term of probation for a qualifying offense, the only conditions of probation shall be that the probationer:

(A)  register with the department of corrections’ probation and parole office in his or her district;

(B)  notify the probation officer of his or her current address each month; and

(C)  not have probable cause found for a criminal offense during the term of probation.

(2)  As used in this subsection, “qualifying offense” means:

(A)  Unlawful mischief under 13 V.S.A. § 3701.

(B)  Retail theft under 13 V.S.A. §§ 2575 and 2577.

(C)  Operating after suspension or revocation of license under 23 V.S.A. § 674(a).

(D)  Bad checks under 13 V.S.A. § 2022.

(E)  Theft of services under 13 V.S.A. § 2582.

(F)  Disorderly conduct under 13 V.S.A. § 1026, unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(G)  Theft of rented property under 13 V.S.A. § 2591.

(H)  Operation without consent of owner under 23 V.S.A. § 1094(a).

(I)  Petit larceny under 13 V.S.A. § 2502.

(J)  Negligent operation of a motor vehicle under 23 V.S.A.

§ 1091(a).

(K)  False reports to law enforcement under 13 V.S.A. § 1754.

(L)  Setting fires under 13 V.S.A. § 508.

(M)  A first offense of a minor’s misrepresenting age, procuring, possessing, or consuming liquors under 7 V.S.A. § 657.

(N)  Simple assault by mutual consent under 13 V.S.A. § 1023(b).

(O)  Unlawful trespass under 13 V.S.A. § 3705(a).

(P)  A first offense of possession under 18 V.S.A. § 4230(a)(1).

Sec. 7.  28 V.S.A. § 252(b) is amended and (d) is added to read:

(b)  When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:

* * *

(16)  Satisfy any other conditions reasonably related to his or her rehabilitation.  The court shall not impose a condition prohibiting the offender from engaging in any legal behavior unless the condition is reasonably related to the offender’s rehabilitation.

(d)  The commissioner shall review the record of each probationer serving a specified term during the month prior to the midpoint of that probationer’s specified term, and may file a motion requesting the sentencing court to dismiss the probationer from probation or deduct a portion of the specified term from the period of probation if the offender has successfully completed a program, or attained a goal or goals specified by the conditions of probation.  The commissioner may include in the motion a request that the court deduct a portion of the specified term for each condition completed or goal attained. Any motion under this section shall be made at the sole discretion of the commissioner pursuant to a rule adopted by the commissioner under 3 V.S.A. chapter 25.

Sec. 8.  28 V.S.A. § 256 is added to read:

§ 256.  CASELOAD CAPACITY; HIGH RISK OFFENDERS

(a)  The following staff-to-offender risk management caseload range capacities are established in the department:

(1)  Youth statutory designation:  one officer per 20 offenders.

(2)  Furlough, supervised community sentence, intensive phase:  one officer per 30–45 offenders.

(3)  Furlough, supervised community sentence, maintenance phase: one officer per 35–55 offenders.

(4)  Probation or parole, offenses involving sex or violence:  one officer per 40–50 offenders.

(5)  High risk probation or parole, nonviolent offenses:  one officer per 45–60 offenders.

(b)  If the caseload range capacities established in subsection (a) of this section are exceeded for greater than 60 days:

(1)  the commissioner shall report to the general assembly the causes for the excess and proposals for addressing it; and  

(2)  the department shall have the authority, if the district manager believes that the excess will not be eliminated within 60 days, to hire persons from the state's position vacancy pool as limited service employees for an initial period of up to one year.  The initial period may be extended for up to two more years, if the department deems it necessary. 

(c)  Each time a position is established under subdivision (b)(2) of this section, the commissioner shall report it at the next meeting of the joint fiscal committee.  The costs for each position shall be presented in the department’s budget adjustment proposal, and, if the positions are necessary for an ongoing period, in the department’s annual budget request.  

Sec. 9.  28 V.S.A. § 403(1) is amended to read:

(1)  To supervise and control persons placed on parole, subject to the rules and orders of the parole board as to the conditions of parole.  The commissioner may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, or transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on parole;

Sec. 10.  33 V.S.A. § 708 is amended to read:

§ 708.  TREATMENT AND SERVICES

* * *

(d)  A person judged by a law enforcement officer to be incapacitated, and who has not been charged with a crime, may be lodged in protective custody in a lockup or community correctional center for up to 24 hours or until judged by the person in charge of the facility to be no longer incapacitated, if and only if:

(1)  The person refuses to be transported to an appropriate facility for treatment, or if once there, refuses treatment or leaves the facility before he or she is considered by the responsible staff of that facility to be no longer incapacitated; or

(2)  No approved substance abuse treatment program with detoxification capabilities and no staff physician or other medical professional at the nearest licensed general hospital can be found who will accept the person for treatment.

(e)  No person shall be lodged in a lockup or community correctional center under subsection (d) of this section without first being evaluated by a substance abuse crisis team, a designated substance abuse counselor, a clinical staff person of an approved substance abuse treatment program with detoxification capabilities or a professional medical staff person at a licensed general hospital emergency room and found to be indeed incapacitated.

(f)  No lockup or community correctional center shall refuse to admit an incapacitated person in protective custody whose admission is requested by a law enforcement officer, in compliance with the conditions of this section.

(g)  Notwithstanding subsection (d) of this section, a A person under 18 years of age who is judged by a law enforcement officer to be incapacitated and, who has not been charged with a crime shall not be held at a lockup or community correctional center. If needed, and for whom treatment is not readily available the person shall be released to his or her parent or guardian.  If the person has no parent or guardian in the area, arrangements shall be made to house him or her according to the provisions of chapter 55 of this title.  The official in charge of an adult jail or lockup shall notify the director of the office of drug and alcohol abuse of any person under the age of 18 brought to an adult jail or lockup pursuant to this chapter.

(h)  If an incapacitated person in protective custody is lodged in a lockup or community correctional center, his or her family or next of kin shall be notified as promptly as possible.  If the person is an adult and requests that there be no notification, his or her request shall be respected.

(i)  A taking into protective custody under this section is not an arrest.

(j)  Law enforcement officers or persons responsible for supervision in a lockup or community correctional center or members of a substance abuse crisis team or designated substance abuse counselors who act under the authority of this section are acting in the course of their official duty and are not criminally or civilly liable therefor, unless for gross negligence or willful or wanton injury.

(k)  This section, except for subsection (j), shall be repealed on July 1, 2010.

Sec. 11.  33 V.S.A. § 708a is added to read:

§ 708a.  INCARCERATION FOR INEBRIATION PROHIBITED

No person who has not been charged with a crime shall be incarcerated on account of the person’s inebriation. 

Sec. 12.  28 V.S.A. § 808(a)(8) is amended to read:

(8)  To prepare for reentry into the community.

(A)  Any offender sentenced to incarceration may shall be furloughed to the community up to 90 days prior to completion of the minimum sentence, at the commissioner's discretion and in accordance with if the requirements and conditions established by rules adopted pursuant to subdivision (C) of this subdivision (8) have been satisfied, provided that an offender sentenced to a minimum term of fewer than 180 days shall not be eligible for furlough under this subdivision until the offender has served at least one-half of his or her minimum term of incarceration.

* * *

(E)  An offender incarcerated for driving while under the influence of alcohol under 13 V.S.A. § 1210(d) or (e) may be furloughed to the community up to 180 days prior to completion of the minimum sentence at the commissioner’s discretion and in accordance with rules adopted pursuant to subdivision (C) of this subdivision (8), provided that an offender sentenced to a minimum term of fewer than 270 days shall not be eligible for furlough under this subdivision until the offender has served at least 90 days of his or her minimum term of incarceration and provided that the commissioner uses electronic equipment to monitor continually the offender’s location and blood alcohol level.

Sec. 13.  28 V.S.A. § 808(b) is amended to read:

(b)  An inmate granted a furlough pursuant to this section may be accompanied by an employee of the department, in the discretion of the commissioner, during the period of the inmate's furlough.  The department may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, or transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on furlough.

Sec. 14.  APPROPRIATIONS

(a)  The amount of $3,021,000.00 is appropriated to the commissioner of corrections to increase substance abuse treatment, vocational training, and transitional housing for misdemeanants and persons who have committed nonviolent felonies as defined in section 205 of Title 28.  Of this amount:

(1)  $150,000.00 is for funds to increase the capacity of the department of corrections’ intensive substance abuse program (ISAP) to provide services to those participating on an intensive out-patient basis;

(2)  $150,000.00 is for funds to expand the ISAP program to include a residential substance abuse treatment component for those who have been furloughed to the community pursuant to 28 V.S.A. § 808(a)(7);

(3)  $150,000.00 is for funds for entering into contract with several community based substance abuse treatment providers in different geographic regions of the state, to provide the substance abuse treatment services to persons on conditional reentry status pursuant to subchapter 1A of chapter 11 of 28 V.S.A.;

(4)  $200,000.00 is for life skills services programming;

(5)  $650,000.00 shall be to provide vocational training and residential substance abuse programs in a work camp;

(6)  $1,200,000.00 shall be to provide grants to community providers of transitional housing to increase the number of beds available by 60 beds for three to six months of housing for at least 120 offenders reentering the community on furlough pursuant to 28 V.S.A. § 808 or conditional reentry pursuant to subchapter 1A of chapter 11 of 28 V.S.A.  The new transitional housing shall include a range from lightly supervised with no treatment programs to heavily supervised with wrap-around treatment programs; and

(7)  $211,000.00 shall be to purchase electronic monitoring equipment such as automated voice recognition telephone equipment, global position monitoring system bracelets, and transdermal alcohol monitoring equipment.  The commissioner shall use the equipment to augment supervision of offenders on probation, parole, or furlough and to enhance the capacity of field staff to monitor and control offenders who would otherwise be incarcerated.

(8)  $110,000.00 is for recovery centers.

(b)  The amount of $200,000.00 is appropriated to the secretary of human services for funds to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates.

Sec. 15.  ACCOUNTABILITY; REPORTS

[RESERVED]

Sec. 16.  PUBLIC INEBRIATES REPORT

The office of alcohol and drug abuse in the department of health, in consultation with substance abuse treatment providers, law enforcement officers, hospital emergency room personnel, and the department of corrections shall report to the senate and house committees on judiciary and institutions no later than January 1, 2009 with a plan to ensure the regional availability of supportive voluntary and secured accommodations for public inebriates by January 1, 2010.

Sec. 17.  EFFECTIVE DATE

This act shall take effect on July 1, 2008, except for Sec. 11, which shall take effect on July 1, 2010.

(Committee vote: 5-0-0)

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

The Committee recommends that the bill be amended as recommended by the Committee on Judiciary with the following amendments thereto:

First:  By striking out Secs. 14, 15 and 16 in their entirety and inserting in lieu thereof four new sections to be numbered Secs. 14, 15, 16 and 17 to read as follows:

Sec. 14.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2009

(a)  Department of corrections expenditures on correctional services including out-of-state beds grew from $93,255,650.00 in fiscal year 2004 to $120,533,309.00 in fiscal year 2008.  The amount of funding proposed for fiscal year 2009 is $123,589,833.00.

(b)  It is the intent of the general assembly to achieve savings in the department of corrections budget which will be reinvested in substance abuse screening, assessment, treatment, and reentry support to result in reduced recidivism.

(c)  In the last quarter of fiscal year 2009, from within the amounts appropriated to the department of corrections from the general fund, the department shall reinvest $600,000 as follows:

(1)  The amount of $150,000.00 shall be to provide substance abuse programs and vocational training in a work camp facility.

(2)  The amount of $450,000.00 shall be transferred to the secretary of human services.  $200,000.00 shall be to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates. $250,000.00 shall be to expand the availability of public inebriate beds outside the department of corrections.

(d)  The joint fiscal office shall track and report to the joint fiscal committee in January and July of 2009 savings in the corrections budget resulting from the provisions of this act. 

Sec. 15.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2010

(a)  Savings identified in fiscal year 2010 by either the commissioner of corrections or the corrections oversight committee, shall be reinvested in fiscal year 2010 in the following order:

(1)  $150,000.00 is for funds to increase the capacity of the department of corrections’ intensive substance abuse program (ISAP) to provide services to those participating on an intensive out-patient basis;

(2)  $150,000.00 is for funds to expand the ISAP program to include a residential substance abuse treatment component for those who have been furloughed to the community pursuant to 28 V.S.A. § 808(a)(7);

(3)  $150,000.00 is for funds for entering into contract with several community based substance abuse treatment providers in different geographic regions of the state, to provide the substance abuse treatment services to persons on conditional reentry status pursuant to subchapter 1A of chapter 11 of 28 V.S.A.;

(4)  $200,000.00 is for life skills services programming;

(5)  $650,000.00 shall be to provide vocational training and residential substance abuse programs in a work camp;

(6)  $1,200,000.00 shall be to provide grants to community providers of transitional housing to increase the number of beds available by 60 beds for three to six months of housing for at least 120 offenders reentering the community on furlough pursuant to 28 V.S.A. § 808 or conditional reentry pursuant to subchapter 1A of chapter 11 of 28 V.S.A.  The new transitional housing shall include a range from lightly supervised with no treatment programs to heavily supervised with wrap-around treatment programs;

(7)  $211,000.00 shall be to purchase electronic monitoring equipment such as automated voice recognition telephone equipment, global position monitoring system bracelets, and transdermal alcohol monitoring equipment.  The commissioner shall use the equipment to augment supervision of offenders on probation, parole, or furlough and to enhance the capacity of field staff to monitor and control offenders who would otherwise be incarcerated; and

(8)  $110,000.00 is for recovery centers.

(b)  The amount of $200,000.00 is transferred to the secretary of human services for funds to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates.

Sec. 16.  ACCOUNTABILITY; REPORTS

[RESERVED]

Sec. 17.  PUBLIC INEBRIATES TASK FORCE

(a)  A public inebriates task force is established.  The task force shall consist of the following members:

(1)  Two members employed by the office of alcohol and drug abuse appointed by the commissioner of the department of health.

(2)  Two substance abuse treatment providers appointed by the substance abuse treatment providers association.

(3)  One member appointed by the department of public safety.

(4)  One member appointed by the Vermont police association.

(5)  One member appointed by the Vermont league of cities and towns.

(6)  Two members appointed by the Vermont medical society who shall be hospital emergency room personnel.

(7)  Two members appointed by the Vermont recovery network.

(8)  Two employees of the department of corrections appointed by the commissioner of the department of corrections.

(b)  The task force shall report to the senate and house committees on judiciary, institutions, and appropriations no later than January 1, 2009 with a plan to ensure that public inebriates are given appropriate care rather than incarcerated.  The plan shall ensure the regional availability of supportive voluntary and secured accommodations for public inebriates by January 1, 2010, and shall include a timetable for providing reimbursement of expenses to programs that house and maintain public inebriates.

Second:  By renumbering original Sec. 17 to be Sec. 18.

(Committee vote: 6-0-1)


AMENDMENT TO THE RECOMMENDATION OF AMENDMENT OF THE COMMITTEE ON APPROPRIATIONS TO S. 360 TO BE OFFERED BY SENATOR ILLUZZI

Senator Illuzzi moves to amend the recommendation of amendment of the Committee on Appropriations by striking out Secs. 14 and 15 in their entirety and inserting in lieu thereof new Secs. 14a, 14b and 14c to read as follows:

Sec. 14a.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEARS 2009 and 2010

(a)  Findings.  Department of corrections expenditures on correctional services including out-of-state beds grew from $93,255,650.00 in fiscal year 2004 to $120,533,309.00 in fiscal year 2008.  The amount of funding proposed for fiscal year 2009 is $123,589,833.00.  This rate of increase has been and remains unsustainable.

(b)  Goal; Fiscal Year 2009.  It is the goal of the general assembly to achieve in the fourth quarter of Fiscal Year 2009 approximately $600,000.00 in savings in the department of corrections budget, which will be reinvested in substance abuse screening, assessment, treatment, and reentry support, the goal of which is to reduce recidivism.

(c) Goal; Fiscal Year 2010.  It is the goal of the General Assembly to achieve in Fiscal Year 2010 approximately $3,044,949 in savings in the department of corrections budget, some of which will be reinvested in a variety of effective programs to further reduce recidivism. 

Sec. 14b.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2009 

(a) In the last quarter of fiscal year 2009, from within the amounts appropriated to the department of corrections from the general fund, the department shall reinvest $600,000 as follows:

(1)  the amount of $150,000.00 shall be used to fund substance abuse programs and vocational training in a state work camp facility;

(2)  the amount of $450,000.00 shall be transferred to the secretary of human services and used to fund the following activities:

     (A)  $200,000.00 shall be used to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates; and

     (B)  $250,000.00 shall be used to expand the availability of public inebriate beds outside the department of corrections.

(b)  The joint fiscal office shall track and report to the joint fiscal committee in January and July of 2009 savings in the corrections budget resulting from the provisions of this act. 

Sec. 14c.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2010

(a)  In fiscal  year 2010, from within the amounts appropriated to the department of corrections from the general fund, the department shall reinvest a portion of the savings identified by either the commissioner of corrections or the corrections oversight committee as follows:

(1)  $150,000.00 to increase the capacity of the department of corrections’ intensive substance abuse program (ISAP), which provides services on an intensive out-patient basis;

(2)  $150,000.00 to expand the ISAP program to include a community based residential substance abuse treatment component for those who have been furloughed to the community pursuant to 28 V.S.A. § 808(a)(7);

(3)  $150,000.00 to enter into contracts with several community based substance abuse treatment providers in different geographic regions of the state, and to provide the substance abuse treatment services to persons on conditional reentry status pursuant to subchapter 1A of chapter 11 of 28 V.S.A.;

(4)  $200,000.00 to provide life skills services programming;

(5)  $650,000.00 to provide vocational training and residential substance abuse programs in one or more state owned and operated work camps;

(6)  $1,200,000.00 shall be to used provide grants to community providers of transitional housing to:

     (A)  increase the number of beds available by 60 for three to six months of housing;

     (B)  at least 120 offenders reentering the community on furlough pursuant to 28 V.S.A. § 808 or conditional reentry, pursuant to subchapter 1A of chapter 11 of Title 28; and 

     (C)  the new transitional housing shall include a range from lightly supervised with no treatment programs to heavily supervised with wrap-around treatment programs; and

(7)  $211,000.00 to purchase electronic monitoring equipment, including automated voice recognition telephone equipment, global position monitoring system bracelets, and transdermal alcohol monitoring equipment; the commissioner shall use the equipment to augment supervision of offenders on probation, parole, or furlough and to enhance the capacity of field staff to monitor and control offenders who would otherwise be incarcerated;   

(8)  $110,000.00 for recovery centers; and

(9)  $200,000.00 shall be transferred to the secretary of human services to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates.

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.

S. 344

An act relating to internet and mail order sales of tobacco products.

     PENDING ACTION:  Second reading of the bill.

(For text of Report of Committee on Economic Development, Housing and General Affairs see Senate Calendar for March 12, 2008, page 620).

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.

CONCURRENT RESOLUTIONS

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

House Concurrent Resolutions

H.C.R. 227

House concurrent resolution congratulating the Poultney High School Blue Devils Division III 2008 cheerleading champions

H.C.R. 228

House concurrent resolution congratulating Howard Herrington on being named the 2007 Wal-Mart Vermont Teacher of the Year

H.C.R. 229

House concurrent resolution in memory of former Representative Peter Martin of St. Albans Town

H.C.R. 230

House concurrent resolution congratulating the Governor’s Institutes of Vermont on their 25th anniversary

H.C.R. 231

House concurrent resolution congratulating the Girl Scout Council of Vermont’s 2007 Gold and Silver Award winners

H.C.R. 232

House concurrent resolution honoring the Girl Scout Council of Vermont during Girl Scout Week

H.C.R. 233

House concurrent resolution honoring the Federal TRIO Programs in Vermont

H.C.R. 234

House concurrent resolution congratulating the 2008 BFA-St. Albans Comets girls’ Division I championship hockey team


H.C.R. 235

House concurrent resolution in memory of former speaker of the house and lieutenant governor John Burgess of Brattleboro

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)

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)

John C. Stewart of Jericho Center - Member of the Community High School of Vermont Board - By Senator Giard for the Committee on Education.  (2/29)

Susan Roush Bruce of St. Albans - Member of the Board of Libraries - By Senator Collins for the Committee on Education.  (2/29)

Gordon Winters of Swanton - Member of the Vermont State Colleges Board of Trustees - By Senator Collins for the Committee on Education.  (3/13)

Tess Savage of Bristol - Member of the State Board of Education - By Senator Giard for the Committee on Education.  (3/13)

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:

129.  School Environmental Health Report.  (Agency of Human Services, Department of Health)  (February 2008).

130.  Conservation Motor Vehicle Registration Plate Program Report .  (Agency of Natural Resources, Department of Fish and Wildlife).  (February 2008).

131.  Vermont Health Care Reform, 2007 Annual Update to 2006 Five-Year Implementation Plan.  (Agency of Administration).  (March 2008).

132.  Environmental Contingency Fund Fiscal Year 2007 Status Report.  (Agency of Natural Resources, Department of Environmental Conservation Waste Management Division).  (March 2008).

JOINT ASSEMBLY

Thursday, March 21, 2008 - 10:30 A.M. - House Chamber - Retention of Superior Court Judges:  Hon. Amy M. Davenport, Hon. Katherine A. Hayes.

Retention of District Judges:  Hon. Nancy S. Corsones, Hon. Walter M. Morris, Jr., Hon. David T. Suntag.

Retention of Environmental Judge:  Meridith Wright.


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.



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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