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Senate Calendar

friday, march 14, 2008

67th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

UNFINISHED BUSINESS OF THURSDAY, MARCH 13, 2008

Third Reading

S. 357     Domestic violence............................................................................. 655

                        Sen. Illuzzi amendment............................................................. 655

                        Sen. Sears amendment............................................................. 657

NEW BUSINESS

Third Reading

S. 168     Operating a motor vehicle under influence of alcohol or drugs............ 658

                        Sen. Illuzzi amendment............................................................. 658

Second Reading

Favorable

JRH 45  Loan auction pilot program for federal family education loans............. 659

                        Education Committee Report................................................... 659

Favorable with Recommendation of Amendment

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.................................................................................. 659

                        Judiciary Committee Report..................................................... 659

                        Appropriations Committee Report........................................... 672

                        Sen. Illuzzi & Sen. Sears amendment........................................ 672

NOTICE CALENDAR

Committee Bill for Notice

S. 365     Capital construction and state bonding............................................... 675

                        By the Committee on Institutions.............................................. 675

                        Appropriations Committee Report........................................... 675

                        Sen. Scott amendment............................................................. 675


Favorable with Recommendation of Amendment

S. 114     Enhancing mental health parity........................................................... 676

                        Health and Welfare Committee Report..................................... 676

S. 175     Relating to voting for a supervisory union budget................................ 681

                        Education Committee Report................................................... 681

S. 211     Soliciting of architect proposals by a school district............................ 682

                        Education Committee Report................................................... 682

S. 244     Relating to self-storage facilities......................................................... 684

                        Ec. Dev., Housing and General Affairs Committee Report........ 684

S. 324     Relating to beer tasting...................................................................... 689

                        Ec. Dev., Housing and General Affairs Committee Report........ 689

S. 354     Relating to public agency deferred compensation plans...................... 691

                        Government Operations Committee Report.............................. 691

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 693


S. 102     School dist. excess spending............................................................. 693

S. 118     Fiscal review of high spending school districts.................................... 693

S. 344     Internet and mail order sales of tobacco products.............................. 693

JRS 24   Congressional “fast track” review of trade agreements....................... 694

Concurrent Resolutions for Adoption

(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

UNFINISHED BUSINESS OF 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.

AMENDMENT TO S. 357 TO BE OFFERED BY SENATOR SEARS ON BEHALF OF THE COMMITTEE ON JUDICIARY BEFORE THIRD READING

Senator Sears on behalf of the Committee on Judiciary moves to amend the bill as follows:

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

Second:  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.

Third:  In Sec. 15, 15 V.S.A. §665a, subsection (a), after the words “the prior ten years” by inserting the following: 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,

Fourth:  In Sec. 24, 8 V.S.A. § 4080f(a)(9), by striking out subdivision (C) in its entirety and inserting in lieu thereof anew subdivision (C) to read as follows:

(C)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency with satisfactory documentation of the domestic violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(8). Information relating to the domestic violence, including the individual's statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form. In the event the agency is legally required to release this information without consent by the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

Fifth:  In Sec. 25, 33 V.S.A. § 1973(e)(3), by striking out subdivision (C) in its entirety and inserting in lieu thereof a new subdivision (C) to read as follows:

(C)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency with satisfactory documentation of the domestic violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(8). Information relating to the domestic violence, including the individual's statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form. In the event the agency is legally required to release this information without consent by the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

NEW BUSINESS

Third Reading

S. 168

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

AMENDMENT TO S. 168 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

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

Sec. 2.  23 V.S.A. § 1201(a)(3) is amended to read:

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

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

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

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

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

* * *

Second Reading

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. 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 ON BEHALF OF THE COMMITTEE ON APPROPRIATIONS AND SENATOR SEARS ON BEHALF OF THE COMMITTEE ON JUDICIARY

Senator Illuzzi, on behalf of the Committee on Appropriations and Senator Sears on behalf of the Committee on Judiciary move 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)  Action.  In order to reduce the unsustainable increases in the expenditures of the department of corrections, the following action shall be taken by the executive branch:

          (1)  In Fiscal Year 2009, the Dale Correctional Faculty in Waterbury shall be closed.

          (2)  In Fiscal Year 2009, the mission of the Southeast Vermont Correctional Facility in Windsor shall change to a therapeutic community in a work camp model, consistent with any further directive set forth in the 2007 Capital Construction Act, S. 365.

          (3)  In Fiscal Year 2009, sections of the Northwest Regional Correctional Facility in St. Albans town shall be closed and the facility otherwise configured to house and program women consistent with any further directive set forth in the 2007 Capital Construction Act, S. 365.

(c)  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 for the target group indentified in Sec. 2(a) of this act.

(d) 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 for the target group indentified in Sec. 2(a) of this act. 

Sec. 14b.  ANTICIAPTED 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.  ANTICIPATED 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 to:

     (A)  increase by 60 the number of beds available for at least 120 offenders who will be staying in the transitional housing for three to six months before 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 

     (B)  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 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.

NOTICE CALENDAR

Committee Bill for Notice

S. 365

An act relating to capital construction and state bonding.

By the Committee on Institutions.  (Sen. Scott for the Committee)

Reported favorably by Senator Bartlett for the Committee on Appropriations.

(Committee vote: 6-0-1)

AMENDMENT TO S. 365 TO BE OFFERED BY SENATOR SCOTT ON BEHALF OF THE COMMITTEE ON INSTITUTIONS

Senator Scott, on behalf of the Committee on Institutions, moves to amend the bill as follows:

First:  In Sec. 12(c)(1) by striking out the following: “1,200,000” and inserting in lieu thereof the following: 1,000,000, and by inserting a new subdivision (4) to read as follows:

(4)  Engineering and technical assistance as part of the state share for pollution reduction projects under the Federal Environmental Quality Incentives Program:                                                                    200,000

Second:  In Sec. 12(e)(2), by striking out the following: “; provided that any easement acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be assigned or changed without the agreement of both parties

Third:  In Sec. 16, subdivision (1) by striking out the following: “1,800,000” and inserting in lieu thereof the following: 1,550,000, and by adding a new subdivision (5) to read as follows:

(5)  Engineering and technical assistance as part of the state share for pollution reduction projects under the Federal Environmental Quality Incentives Program:                                                                    250,000

Fourth:  In Sec. 26(b), fourth sentence, by striking out the following: “for the Bennington state office building and Bennington district and family courts”  and inserting in lieu thereof the following: for Bennington state offices and for the Bennington district and family courts

Fifth:  In Sec. 31, before the words “It is the intent” by inserting the following: (a), and at the end of the section by adding a new subsection (b) to read as follows:

(b)  It is the intent of the general assembly to continue with the use and operation of each existing county courthouse currently in use.

Sixth:  By striking out Sec. 39 in its entirety and inserting in lieu thereof a new Sec. 39 to read as follows:

Sec. 39.  FEDERAL ENVIRONMENTAL QUALITY INCENTIVES PROGRAM; MATCHING FUNDS; REALLOCATION

Currently more than $20,000,000 in Federal Environmental Quality Incentives Program (EQIP) pollution reduction funds are available to Vermont farmers to reduce manure runoff into rivers and streams.  This funding is available if the state can provide $750,000 in state assistance for this purpose. The state share shall be provided through reallocation of previous appropriations, appropriations already made in this act in Sec. 12(c)(4) and Sec. 16(5), and it is the intent of the general assembly to appropriate $100,000 of required state matching funds in the appropriations act of 2008 for fiscal year 2009.   Therefore, the following funds shall be reallocated to provide the state share:

(1)  $125,000 from funds for stream stabilization grants appropriated under Sec. 11(c)(2) of No. 52 of the Acts of 2007;

(2)  $75,000 from funds for best management practices appropriated under Sec. 15(a) of No. 52 of the Acts of 2007.

Seventh:  In Sec. 40, by striking out all after the second sentence and inserting in lieu thereof the following: Upon determination by the board that real estate is to be disposed of, the disposal shall be at fair market value and proceeds shall be allocated to future capital appropriations.

Favorable with Recommendation of Amendment

S. 114

An act relating to enhancing mental health parity.

Reported favorably with recommendation of amendment by Senator White 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. § 4089b(b) is amended to read:

(b) A health insurance plan shall provide coverage for treatment of a mental health condition and shall:

(1) not establish any rate, term, or condition that places a greater financial burden on an insured for access to treatment for a mental health condition than for access to treatment for a physical health condition;

* * *

Sec. 2.  8 V.S.A. § 4089b(c) is amended to read:

(c)(1)(A) A health insurance plan that does not otherwise provide for management of care under the plan, or that does not provide for the same degree of management of care for all health conditions, may provide coverage for treatment of mental health conditions through a managed care organization provided that the managed care organization is in compliance with the rules adopted by the commissioner that assure that the system for delivery of treatment for mental health conditions does not diminish or negate the purpose of this section.

(B)  The rules adopted by the commissioner shall assure that:

(i)  timely and appropriate access to care is available; that

(ii)  the quantity, location and specialty distribution of health care providers is adequate; and that

(iii)  administrative or clinical protocols do not serve to reduce access to medically necessary treatment for any insured;

(iv)  utilization review and other administrative and clinical protocols do not deter timely and appropriate emergency hospital admissions;

(v)  in the case of a managed care organization which contracts with a health insurer to administer the insurer’s mental health benefits, the portion of a health insurer’s premium rate attributable to the coverage of mental health benefits is reviewed under sections 4062, 4513, 4584, or 5104 of this title to determine whether it is excessive, inadequate, unfairly discriminatory, unjust, unfair, inequitable, misleading or contrary to the laws of this state; and

(vi)  the health insurance plan is consistent with the Blueprint for Health with respect to mental health conditions, as determined by the commissioner under section 9414(b)(2) of Title 18.

 (C)  Prior to the adoption of rules pursuant to this subdivision, the commissioner shall consult with the commissioner of mental health concerning:

(i)  developing incentives and other measures addressing the availability of providers of care and treatment for mental health conditions, especially in medically underserved areas;

(ii)  incorporating best practices and evidence-based guidelines into the utilization review of mental health conditions; and

(iii)  establishing benefit design, infrastructure support, and payment methodology standards for evaluating the health insurance plan’s consistency with the Blueprint for Health with respect to the care and treatment of mental health conditions.

(2)  A managed care organization providing or administering coverage for treatment of mental health conditions on behalf of a health insurance plan shall comply with this section, sections 4089a and 4724 of this title, and section 9414 of Title 18, with rules adopted pursuant to those provisions of law, and with all other obligations, under Title 18 and under this title, of the health insurance plan and the health insurer on behalf of which the review agent is providing or administering coverage.  A violation of any provision of this section shall constitute an unfair act or practice in the business of insurance in violation of section 4723 of this title.

(3)  A health insurer that contracts with a managed care organization to provide or administer coverage for treatment of mental health conditions is fully responsible for the acts and omissions of the managed care organization, including any violations of this section or a rule adopted pursuant to this section.

(4)  In addition to any other remedy or sanction provided for by law, if the commissioner, after notice and an opportunity to be heard, finds that a health insurance plan or managed care organization has violated this section or any rule adopted pursuant to this section, the commissioner may:

(A)  Assess a penalty on the health insurer or managed care organization under section 4726 of this title;

(B)  Order the health insurer or managed care organization to cease and desist in further violations;

(C)  Order the health insurer or managed care organization to remediate the violation, including issuing an order to the health insurer to terminate its contract with the managed care organization; and

(D) Revoke or suspend the license of a health insurer or managed care organization, or permit continued licensure subject to such conditions as the commissioner deems necessary to carry out the purposes of this section.

(5)  As used in this subsection, the term “managed care organization” includes any of the following entities that provide or administer the coverage of mental health benefits on behalf of a health insurance plan:

(A)  a review agent as defined in section 4089a of this title;

(B)  a health insurer or an affiliate of a health insurer as defined in section 9402 of Title 18;

(C)  a managed care organization or an affiliate of a managed care organization as defined in section 9402 of Title 18; and

(D)  a person or entity that should be licensed as a managed care organization.

Sec. 3.  8 V.S.A. § 4089b(g) is amended to read:

(g)  The commissioner shall establish a task force to develop performance quality measures, and address oversight issues for managed behavioral health care organizations, and review the results of any quality improvement projects not otherwise confidential or privileged, undertaken by managed care organizations for mental health and substance abuse care and treatment under section 9414(i) of Title 18. The task force shall report to the senate committees on health and welfare of the senate and the house of representatives committees on health care and on human services on or before January 15 of each year with a report on the activities and recommendations of the task force. The task force shall include the following:

(1) the commissioner of developmental and mental health services or a designee;

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

(3) the commissioner of banking, insurance, securities, and health care administration or a designee;

(4) fourteen additional members appointed by the commissioner of banking, insurance, securities, and health care administration, including:

(A) four representatives of the health insurance and behavioral managed care organization industry;

(B) two consumers, after consultation with the health care ombudsman;

(C) one psychologist, after consultation with the Vermont psychological association;

(D) one psychiatrist, after consultation with the Vermont psychiatric association;

(E) one social worker, after consultation with the National Association of Social Workers, Vermont Chapter;

(F) one mental health counselor, after consultation with the Vermont mental health counselors association;

(G) one drug and alcohol counselor, after consultation with the Vermont association of drug and alcohol counselors;

(H) one representative from a consumer or citizen's organization;

(I) one representative from the business community; and

(J) one representative of community mental health centers.

Sec. 4.  18 V.S.A. § 9414(g) is amended to read:

(g)(1)  If In addition to any other remedy or sanction provided by law, after notice and an opportunity to be heard, if the commissioner determines that a managed care organization has violated or failed to comply with any of the provisions of this section or any rule adopted pursuant to this section, the commissioner may:

(A)  sanction the violation or failure to comply as provided in Title 8, including sanctions provided by or incorporated in sections 5108 and 5109 of Title 8 and section 4726 of Title 8, and may use any information obtained during the course of any legal or regulatory action against a managed care organization;

(B)  order the managed care organization to cease and desist in further violations; and

(C)  order the managed care organization to remediate the violation, including issuing an order to the managed care organization to terminate its contract with any person or entity which administers claims or the coverage of benefits on behalf of the managed care organization.

(2)  A managed care organization that contracts with a person or entity to administer claims or provide coverage of health benefits is fully responsible for the acts and omissions of such person or entity.  Such person or entity shall comply with all obligations, under this title and Title 8, of the health insurance plan and the health insurer on behalf of which the such person or entity is providing or administering coverage.

(3)  A violation of any provision of this section or a rule adopted pursuant to this section shall constitute an unfair act or practice in the business of insurance in a violation of section 4723 of Title 8.

Sec. 5.  18 V.S.A. § 9414(i) is added to read:

(3)  Upon review of the managed care organization’s clinical data, or after consideration of claims or other data, the commissioner may:

(A)  identify quality issues in need of improvement; and

(B)  direct the managed care organization to propose quality improvement initiatives to remediate those issues.

Sec. 6.  EFFECTIVE DATE; LEGISLATIVE INTENT; APPLICABILITY

(a)  This act shall take effect upon passage, except that Secs. 2 and 4 of this act shall take effect July 1, 2008.

(b)  The provisions of 8 V.S.A. § 4089b(c)(2) and (3), and 18 V.S.A. § 9414(g)(2) and (3) are intended to clarify existing law.  The remedies provided for in 8 V.S.A. § 4089b(c)(4), and 18 V.S.A. § 9414(g)(1) shall apply to legal or regulatory violations that occur before and after passage of this act.

(Committee vote: 5-0-1)

S. 175

An act relating to voting for a supervisory union budget; voters.

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

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.  SUPERVISORY UNIONS; POWERS AND DUTIES; STUDY

(a)  There is created a committee to study and make recommendations concerning the powers and duties of supervisory unions in the state, to consist of the following members:

(1)  The commissioner of education or designee who shall act as chair and shall convene the first meeting on or before August 1, 2008.

(2)  The executive director of the Vermont superintendents association or designee.

(3)  The executive director of the Vermont school boards association or designee.

(4)  The executive director of the Vermont principals’ association or designee.

(5)  The president of the Vermont National Education Association or designee.

(6)  One representative from the business community to be selected by the Vermont business roundtable.

(b)  The committee’s study shall include examination of:

(1)  Whether the provision of services addressed in 16 V.S.A. § 261a(6) and (8) should be mandatory functions of all supervisory union boards or should be statutorily assigned to member school districts.

(2)  Whether any of the other duties assigned to supervisory union boards in 16 V.S.A. § 261a should be clarified or reassigned.

(3)  Whether supervisory union boards should be given any powers or duties in addition to those outlined in 16 V.S.A. § 261a.

(4)  Whether representation on supervisory union boards, as determined by 16 V.S.A. § 266, should be more closely aligned with one-person-one-vote principles.

(5)  Whether supervisory unions should be designated as municipal entities with separate electorates, thereby empowering them to own property, hold municipal meetings for the purpose of adopting budgets and electing officers, and otherwise exercise the powers of municipalities.

(6)  Whether the adoption of supervisory union budgets, currently a function of supervisory union boards under 16 V.S.A. § 261a(11), should require approval by member school district boards or the electorate of the member districts.

(7)  Whether, to what extent, and by what mechanism supervisory union boards should be empowered to borrow money.

(c)  On or before January 15, 2009, the committee shall submit a written report to the house and senate committees on education regarding the study required by this section, including its analysis, recommendations, and proposals for amendments to legislation, if any. 

(Committee vote: 5-0-0)

S. 211

An act relating to soliciting of architect proposals by a school district.

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

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.  16 V.S.A. § 559a is added to read:

§ 559a.  ARCHITECTURAL AND ENGINEERING SERVICES

(a)  Prior to hiring an architect or engineer for evaluation, modification, renovation, or construction of school property, the school board shall solicit a statement of qualifications from at least three persons or firms that provide professional architectural or engineering services or both.

(b)  A school board may choose to continue working with the same architect or engineer or both from the initial study through design and project completion, without engaging in the selection process required by this section for each part of the project.  The initial advertisement shall include notice of this possibility.

(c)  A school board may retain an architect or engineer or both for a period not to exceed three years to provide “on‑call” professional guidance or assistance on one or more projects without engaging in the selection process required by this section if the total cost of all projects for which assistance is provided during that time does not exceed $500,000.00.

(d)  The school board shall adopt written criteria for the selection of semifinalists and finalists from among the persons or firms submitting a statement of qualifications.  The criteria shall include:

(1)  Prior similar experience.

(2)  Past performance on public and private projects.

(3)  Willingness to meet time and budget requirements.

(4)  Capacity to meet requirements.

(5)  Any other criteria the school board considers relevant.

(e)  Based upon the statements of qualifications received and the criteria adopted, the school board shall select the three most qualified applicants.  The school board shall rank the three selected applicants in priority order and shall send written notification of the selection and the order of preference to all persons or firms that responded to the invitation to submit qualifications.

(f)  The school board shall negotiate a contract for services with the most qualified person or firm at a level of compensation that is fair and reasonable.  When negotiating the contract, the school board may consider factors including the person’s or firm’s proposed fees, policies and practices regarding errors and omissions, history of completing projects within the contractual time and budget, and proposed rates for reimbursable expenses such as mileage and telephone charges.

(g)  If a satisfactory contract cannot be negotiated with the most highly qualified person or firm, then the school board may formally terminate negotiations and commence negotiations with the second and then third most qualified applicant until a satisfactory contract has been negotiated.

(h)  The requirements of this section shall not apply to projects initiated in any fiscal year in which state aid for school construction is suspended.

and that upon passage, the title shall be “AN ACT RELATING TO SOLICITING OF ARCHITECT AND ENGINEER PROPOSALS BY A SCHOOL BOARD”

(Committee vote: 4-1-0)

S. 244

An act relating to self-storage facilities.

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

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 shall be known as the "Vermont Self-Storage Facility Act."

Sec. 2.  9 V.S.A. chapter 98 is added to read:

CHAPTER 98.  STORAGE UNITS

§ 3950.  DEFINITIONS

For the purposes of this chapter, the following terms shall have the following meanings:

(1)  "Last known address" means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.

(2)  "Occupant" means a person, successor, assignee, agent, or representative entitled to the use of storage space in a self-storage facility under a rental agreement to the exclusion of others.

(3)  "Owner" means the owner, operator, lessor, or sublessor of a self-storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement.

(4)  "Personal property" means movable property not affixed to land, and includes goods, merchandise, and household items.

(5)  "Rental agreement" means any written agreement that establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of a self-storage facility.

(6)  "Self-storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property.  A self-storage facility is not a "warehouse" as used in Article 7 of the Uniform Commercial Code (U.C.C.) as codified in Title 9A.  If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the U.C.C., and this act does not apply.

§ 3951.  RESIDENTIAL PURPOSES

(a)  No occupant shall use storage space at a self-storage facility for residential purposes.

(b)  No owner shall knowingly permit a storage space at a self-storage facility to be used for residential purposes.

§ 3952.  DISCLOSURES

A rental agreement shall contain the following:

(1)  The name and address of the owner and occupant.

(2)  The actual monthly occupancy charge, rent, or lease amount for the storage space provided, expressed in dollars.

(3)  An itemization of other charges imposed or which may be imposed in connection with the occupancy, a description of the charges, whether the charges are mandatory or optional, and the amount of each charge expressed in dollars.

(4)  A statement of whether property stored in the leased space is or is not insured by the owner against loss or damage and of the requirement that the occupant must provider his or her own insurance for any property stored, written in conspicuous language and in bold print.

(5)  A statement advising the occupant of the existence of the lien created by this chapter, and that the property stored in the leased space may be sold to satisfy the lien.

§ 3953.  LIEN

The owner of a self-storage facility has a lien upon all personal property located in a storage space at a self-storage facility for rent, labor, or other charges, present or future, in relation to the personal property, and for expenses relevant to its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter.  The lien provided for in this section is superior to any other lien or security interest.  The lien attaches as of the date the personal property is brought to or placed in a storage space at a self-storage facility in accordance with the provisions of a valid rental agreement.

§ 3954.  ENFORCEMENT OF LIEN

In the event of a default under the terms of a rental agreement, the lien created under this chapter may be enforced in accordance with the provisions of this section.

(1)  First notice of default.  No sooner than five days after a default, the occupant shall be notified of the default by regular mail sent to his or her last known address.

(2)  Second notice of default.  No sooner than 14 days after a default, the occupant shall be notified of the default by regular mail sent to his or her last known address.  The second notice shall contain the following:

(A)  An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due.

(B)  A brief and general description of the personal property subject to the lien.  There shall be no requirement to describe the specific contents of a storage space in a self-storage facility beyond stating that it is the contents of a specific storage space in a specific self-storage facility rented by a specific occupant.

(C)  A notice of denial of access to the personal property, if such denial is permitted under the terms of the rental agreement.

(D)  A demand for payment within a specified time not less than ten days after the delivery of the notice; any notice mailed pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service, properly addressed with proper postage prepaid.

(E)  A conspicuous statement that unless the claim is paid in full within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold according to law.

(3)  Advertisement.  After the expiration of the time given in the second notice under subdivision (2) of this section, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-storage facility is located.  The advertisement shall contain the following:

(A)  A brief and general description of the personal property as provided for in subdivision (2)(B) of this section.

(B)  The address of the self-storage facility and the number, if any, of the space where the personal property is located and the name of the occupant.

(C)  The time, place, and manner of the sale or other disposition.  If there is no newspaper of general circulation where the self-storage facility is located, the advertisement shall be posted at least 15 days before the date of the sale or other disposition at the town hall where the self-storage facility is located in such fashion as the auction sales of real property are posted.

(4)  Notice to other lienholders.  After the expiration of the time given in the second notice under subdivision (2) of this section, the owner shall determine whether the occupant owns any personal property subject to an active lien registered with the Vermont secretary of state.  If any such lien exists, the lienholder shall be notified by regular mail not less than seven days prior to the sale or other disposition of the property.  Such notice shall include the following:

(A)  A statement describing the property to be sold or otherwise disposed of.  There shall be no requirement to describe the specific contents of a storage space in a self-storage facility beyond stating that it is the contents of a specific storage space in a specific self-storage facility rented by a specific occupant.

(B)  A statement of the lienholder's rights under this chapter.

(C)  A statement of the time, place, and manner of the sale or other disposition of the property.

(5)  Sale.  Upon fulfillment of the notification and advertisement requirements of this section, sale or other disposition of the personal property shall be permitted, provided the following conditions are met:

(A)  The sale or other disposition of the personal property shall take place not sooner than 15 days after the first publication under subdivision (3) of this section.

(B)  Any sale or other disposition of the personal property under this chapter shall conform to the terms of all notifications required under this section.  If the sale will not or does not take place as provided for in the notifications, then subsequent notifications shall be made in the same manner as the original notifications had been made.

(C)  Any sale or other disposition of the personal property shall be held at the self-storage facility, or at the nearest suitable place.

(D)  Any sale or disposition of the personal property shall be performed in a commercially reasonable manner, meaning the owner sells the goods in the usual manner in any recognized market therefor, at the price current in such market at the time of the sale; or otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold; however, the sale of more goods than apparently necessary to ensure satisfaction of the obligation is not commercially reasonable unless necessary due to the nature of the goods being sold or the manner in which they are customarily sold.  The fact that a better price could have been obtained by sale at a different time or by a different method from that selected by the owner is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner.

(E)  Any sale or disposition of a motor vehicle shall be performed pursuant to the motor vehicle title act.

(6)  Right of satisfaction.  Before any sale or disposition of personal property pursuant to this chapter, the occupant may pay the amount necessary to satisfy the lien in full and the reasonable expenses incurred under this section, and thereby redeem the personal property.  Upon receipt of such payment, the owner shall return the personal property, and thereafter the owner shall have no liability to any person with respect to such personal property.

(7)  Proceeds in excess of lien amount.  In the event of sale under this section, the owner may satisfy the owner’s lien from the proceeds of the sale or other disposition, but shall hold the balance, if any, for delivery on demand to the occupant.  If the occupant does not claim the balance of the proceeds within two years of the date of sale, it shall become property of the state of Vermont and shall be paid over to the treasurer of the state of Vermont without interest.

(8)  Rights of other lienholders.  The holder of any active lien on personal property stored in the storage-unit and registered with the Vermont secretary of state may take possession of its liened property at any time prior to sale or other disposition by paying the owner's claim.

(9)  Rights of purchasers.  A purchaser in good faith of the personal property sold to satisfy a lien, as provided elsewhere in this chapter, takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this chapter.

§ 3955.  SUPPLEMENTAL NATURE OF ACT

Nothing in this chapter shall be construed in any manner to impair or affect the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute in this state.

§ 3956.  SAVINGS CLAUSE

All self-storage rental agreements entered into before the effective date of this chapter, and not extended or renewed before that date, and the rights, duties, and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.

§ 3957.  SEVERABILITY

If any provision of this act or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end, the provisions of this act are declared to be severable.

Sec. 3.  EFFECTIVE DATE

This act shall take effect January 1, 2009.

(Committee vote: 4-0-1)

S. 324

An act relating to beer tasting.

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

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.  7 V.S.A. § 67 is amended to read: 

§ 67.  WINE AND MALT BEVERAGE TASTINGS; PERMIT; PENALTIES

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

(1)  A second class licensee.  The permit authorizes the employees of the permit holder to dispense vinous or malt beverages to retail customers of legal age on the licensee's premises.  Vinous or malt beverages for the tasting shall be from the inventory of the licensee or purchased from a wholesale dealer. Pursuant to this permit, a second class licensee may conduct no more than one wine tasting two tastings per month.

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

* * *

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

(1)  May continue for no more than six hours in duration, with no more than six vinous beverages to be offered at a single event, and no more than two ounces of any single vinous beverage and no more than a total of eight ounces of various vinous or malt beverages to be dispensed to a customer.  No more than four eight customers may be served at one time.

(2)  Shall be conducted totally within an area that is clearly cordoned off by barriers that extend no further than 10 feet from the point of service, and a sign that clearly states that no one under the age of 21 may participate in the wine tasting shall be placed in a visible location at the entrance to the wine tasting area.

(c)  The holder of a permit issued under this section shall keep an accurate accounting of the vinous or malt beverages consumed at a tasting event and shall be responsible for complying with all applicable laws under this title.

(d)  Promotional wine or beer tasting.

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

(2)  A holder of a wholesale dealer's license may dispense vinous or malt beverages for promotional purposes at the wholesale dealer's premises without charge to invited employees of first, second, and third class licensees, provided the invited employees are of legal drinking age, and the wholesale dealer obtains a permit pursuant to subsection (a) of this section.

* * *

(f)  The holder of a permit issued under this section that provides alcoholic beverages to an underage individual or permits an individual under the age of 18 to serve alcoholic beverages at a wine or malt beverage tasting event under this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both.

Sec. 2.  EFFECTIVE DATE

This act shall take effect on passage.

(Committee vote: 5-0-0)

S. 354

An act relating to public agency deferred compensation plans.

Reported favorably with recommendation of amendment by Senator Ayer 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.  3 V.S.A. § 650 is amended to read:

§ 650. DEFINITIONS

The following definitions shall apply throughout this chapter unless the context requires otherwise:

(1) "Board" means the Vermont state retirement board.

(2) "Deferred compensation agreement" means any agreement authorized by this chapter entered into between a public agency and an employee of that agency providing for a reduction in the employee's compensation in return for the agency's promise to make deferred payments in the future.

(3)(2) "Employee" means any employee of a public agency whether appointed, elected or under contract to whom compensation is paid.

(3) “Other public agency” means a public agency described in subdivision (4)(B) or (C) of this section.

(4) "Public agency" means:

(A) the state, acting as a single unit employer on behalf of the general assembly and state agencies, departments, boards or commissions;

(B) any a county or municipality as defined in section subdivision 4303(4) of Title 24; and

(C) any a school district as defined in section subdivision 11(a)(10) of Title 16 or a supervisory union as defined in subdivision 11(a)(23) of Title 16.

(5)  “State board” means the Vermont state retirement board.

(6)  “Teachers’ board” means the Vermont state teachers’ retirement board.

Sec. 2.  3 V.S.A. § 651 is amended to read:

§ 651. DEFERRED COMPENSATION PLANS AUTHORIZED

(a) Subject to collective bargaining rights of state employees involved, the state or any county, municipality, or school district, or supervisory union may, through any public agency, enter into a contractual agreement with any employee of that agency to defer, in whole or in part, that employee's compensation. Payroll reductions shall be made, in each instance, by the appropriate payroll officer.

(b) The state board may establish and administer a plan that conforms with Section 457 of the Internal Revenue Code for the purpose of providing a deferred compensation program for state employees, including members of the general assembly, and for the employees of other public agencies that elect to participate in the state plan.

(c) Other public agencies may establish and administer a plan for the purpose of providing a deferred compensation program for their employees.

(d) The state board and other public agencies, which have or will establish a defined contribution deferred compensation plan, shall create a trust to conform with Section 457 the appropriate sections of the Internal Revenue Code.  The teachers’ board may create an investment program that will provide public agencies set forth in subdivision 650(4)(C) of this title operating plans under Subsection 403(b) of the Internal Revenue Code with investment options.

(e) All assets and income which have been or shall be withheld or deferred  deposited pursuant to this chapter by the state of Vermont or its political subdivisions other public agencies shall be held in trust in any funding vehicle permitted by Subsection 403(b) and Section 457 of the Internal Revenue Code for the exclusive benefit of the plan's plans’ participants and their beneficiaries until such time as the funds are distributed to the participant or the beneficiary of the participant in accordance with the terms of the deferred compensation plan.

(f) For state employees, including members of the general assembly, the state board shall be the trustees of the deferred compensation plan that conforms to Section 457 of the Internal Revenue Code, and the state treasurer shall be the custodian of the funds in the trust. All payments from such the funds shall be made by the state treasurer or the treasurer's authorized agent.  An investment program established by the teachers’ board shall be optional for public agencies set forth in subdivision 650(4)(C) of this title who shall be the trustees of their respective plans created under Subsection 403(b) of the Internal Revenue Code.

(g) Any political subdivision administering a plan as a trust shall be required to name one or more persons as trustees of such plan, and to establish provisions relating to the removal or resignation of a trustee, the appointment of a successor and the methods by which the trustee may take necessary action as required under the plan.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

(Committee vote: 4-1-0)

ORDERED TO LIE

S. 70

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

PENDING ACTION:  Second reading of the bill.

S. 102

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

PENDING 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.

CONSENT CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16a

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before today’s adjournment.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.  For text of resolutions, see Addendum to Senate Calendar of Thursday, March 13, 2008.

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 20, 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:  Merideth Wright.

PUBLIC HEARINGS

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


www.leg.state.vt.us