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Journal of the House

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TUESDAY, FEBRUARY 20, 2007

Rep. Carolyn Partridge of Windham in Chair

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Michael Augustinowitz Pastor of St. Augustine Church, Montpelier.

Pledge of Allegiance

Page Katelyn Dagesse of Derby led the House in the Pledge of Allegiance.

House Bills Introduced

House bills of the following titles were severally introduced.  Pending first reading of the bills, on motion of Rep. Adams of Hartland, the rules were suspended and the bills were read the first time by number and referred as follows:

H. 321

By Rep. Keenan of St. Albans City,

An act relating to home improvement fraud;

To the committee on Government Operations.

H. 322

     By Reps. Milkey of Brattleboro, Ainsworth of Royalton, Allard of St. Albans Town, Andrews of Rutland City, Aswad of Burlington, Atkins of Winooski, Audette of S. Burlington, Baker of West Rutland, Barnard of Richmond, Bissonnette of Winooski, Botzow of Pownal, Branagan of Georgia, Bray of New Haven, Brennan of Colchester, Brooks of Montpelier, Canfield of Fair Haven, Cheney of Norwich, Clark of St. Johnsbury, Clark of Vergennes, Clarkson of Woodstock, Clerkin of Hartford, Condon of Colchester, Consejo of Sheldon, Copeland-Hanzas of Bradford, Corcoran of Bennington, Courcelle of Rutland City, Davis of Washington, Devereux of Mount Holly, Donahue of Northfield, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Evans of Essex, Fallar of Tinmouth, Fisher of Lincoln, Fitzgerald of St. Albans City, Flory of Pittsford, Frank of Underhill, French of Randolph, Gervais of Enosburg, Gilbert of Fairfax, Godin of Milton, Grad of Moretown, Haas of Rochester, Head of S. Burlington, Helm of Castleton, Hosford of Waitsfield, Howard of Rutland City, Howrigan of Fairfield, Hudson of Lyndon, Jerman of Essex, Jewett of Ripton, Keogh of Burlington, Kitzmiller of Montpelier, Kupersmith of S. Burlington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, Lenes of Shelburne, Leriche of Hardwick, Lippert of Hinesburg, Livingston of Manchester, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of Coventry, Marek of Newfane, Martin of Springfield, Martin of Wolcott, Masland of Thetford, McAllister of Highgate, McCormack of Rutland City, McCullough of Williston, McDonald of Berlin, McFaun of Barre Town, Minter of Waterbury, Mitchell of Barnard, Monti of Barre City, Moran of Wardsboro, Morley of Barton, Morrissey of Bennington, Mrowicki of Putney, Nuovo of Middlebury, Obuchowski of Rockingham, Ojibway of Hartford, Orr of Charlotte, Otterman of Topsham, Oxholm of Vergennes, Pearson of Burlington, Peaslee of Guildhall, Pellett of Chester, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Pugh of S. Burlington, Randall of Troy, Shand of Weathersfield, Sharpe of Bristol, Shaw of Derby, Spengler of Colchester, Stevens of Shoreham, Sunderland of Rutland Town, Sweaney of Windsor, Trombley of Grand Isle, Turner of Milton, Valliere of Barre City, Weston of Burlington, Wheeler of Derby, Winters of Williamstown, Wright of Burlington, Zenie of Colchester and Zuckerman of Burlington,

An act relating to chiropractic services for Medicaid beneficiaries;

To the committee on Human Services.

H. 323

By Reps. Myers of Essex and Evans of Essex,

An act relating to compensation for appointed officials;

To the committee on Government Operations.

H. 324

By Rep. Jewett of Ripton,

     An act relating to the purchase of up to ten years of additional service credit by teachers;

     To the committee on Government Operations.

H. 325

By Rep. Howrigan of Fairfield,

     An act relating to displaying purple lights on motor vehicles used by funeral homes;

     To the committee on Transportation.

H. 326

     By Reps. Pugh of S. Burlington, Fisher of Lincoln, Frank of Underhill, Haas of Rochester, Keenan of St. Albans City and Mrowicki of Putney,

     An act relating to providing wireless internet access at rest areas and welcome centers on interstate highways;

     To the committee on Government Operations.

H. 327

     By Reps. Masland of Thetford, Flory of Pittsford, Gervais of Enosburg, Klein of East Montpelier, Larson of Burlington, Nuovo of Middlebury and Orr of Charlotte,

     An act relating to the effectiveness and coordination of various alternative sanctions boards;

     To the committee on Judiciary.

H. 328

     By Reps. Pellett of Chester, Donovan of Burlington, Gervais of Enosburg, Martin of Springfield, Milkey of Brattleboro, Mook of Bennington and Orr of Charlotte,

     An act relating to education and screening for postpartum depression;

     To the committee on Human Services.

H. 329

     By Reps. Keenan of St. Albans City, Acinapura of Brandon, Bostic of St. Johnsbury, Heath of Westford, Hunt of Essex, Hutchinson of Randolph, Johnson of South Hero, Larson of Burlington, Miller of Shaftsbury and Morley of Barton,

     An act relating to use of credit information in personal insurance;

     To the committee on Commerce.

H. 330

     By Reps. Botzow of Pownal, Audette of S. Burlington, Bissonnette of Winooski, Bostic of St. Johnsbury, Consejo of Sheldon, Donovan of Burlington, Edwards of Brattleboro, Gervais of Enosburg, Johnson of South Hero, Larocque of Barnet, Marcotte of Coventry, Mook of Bennington and Shand of Weathersfield,

     An act relating to repeal of the law relating to municipal trailer park ordinances;

     To the committee on General, Housing and Military Affairs.

H. 331

     By Reps. Botzow of Pownal, Audette of S. Burlington, Bissonnette of Winooski, Bostic of St. Johnsbury, Edwards of Brattleboro, Gervais of Enosburg, Hudson of Lyndon, Larocque of Barnet, Marcotte of Coventry, Mook of Bennington and Perry of Richford,

     An act relating to financing the purchase of a mobile home;

     To the committee on General, Housing and Military Affairs.

H. 332

     By Reps. Botzow of Pownal, Audette of S. Burlington, Bissonnette of Winooski, Bostic of St. Johnsbury, Consejo of Sheldon, Donovan of Burlington, Edwards of Brattleboro, Gervais of Enosburg, Larocque of Barnet, Marcotte of Coventry, Mook of Bennington and Shand of Weathersfield,

     An act relating to sale and closure of mobile home parks;

     To the committee on General, Housing and Military Affairs.

H. 333

     By Reps. Dostis of Waterbury, Ainsworth of Royalton, Allard of St. Albans Town, Ancel of Calais, Atkins of Winooski, Bissonnette of Winooski, Botzow of Pownal, Branagan of Georgia, Bray of New Haven, Brooks of Montpelier, Browning of Arlington, Canfield of Fair Haven, Chen of Mendon, Cheney of Norwich, Clark of St. Johnsbury, Clarkson of Woodstock, Consejo of Sheldon, Copeland-Hanzas of Bradford, Courcelle of Rutland City, Davis of Washington, Deen of Westminster, Devereux of Mount Holly, Donahue of Northfield, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Errecart of Shelburne, Evans of Essex, Fisher of Lincoln, Flory of Pittsford, Frank of Underhill, French of Randolph, Gervais of Enosburg, Godin of Milton, Haas of Rochester, Head of S. Burlington, Hosford of Waitsfield, Howard of Rutland City, Howrigan of Fairfield, Hube of Londonderry, Hunt of Essex, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Keenan of St. Albans City, Kilmartin of Newport City, Kitzmiller of Montpelier, Klein of East Montpelier, Krawczyk of Bennington, Kupersmith of S. Burlington, LaVoie of Swanton, Lenes of Shelburne, Leriche of Hardwick, Lippert of Hinesburg, Livingston of Manchester, Lorber of Burlington, Maier of Middlebury, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCormack of Rutland City, McCullough of Williston, McFaun of Barre Town, Milkey of Brattleboro, Miller of Shaftsbury, Minter of Waterbury, Mitchell of Barnard, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Myers of Essex, Nuovo of Middlebury, O’Donnell of Vernon, Ojibway of Hartford, Orr of Charlotte, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Pugh of S. Burlington, Randall of Troy, Rodgers of Glover, Shand of Weathersfield, Sharpe of Bristol, Smith of Morristown, Spengler of Colchester, Stevens of Shoreham, Sweaney of Windsor, Trombley of Grand Isle, Valliere of Barre City, Westman of Cambridge, Weston of Burlington, Wheeler of Derby, Wright of Burlington and Zuckerman of Burlington,

     An act relating to school breakfast program expansion;

     To the committee on Education.

H. 334

     By Reps. Grad of Moretown, Clarkson of Woodstock, Donaghy of Poultney, Gervais of Enosburg, Jewett of Ripton and Marek of Newfane,

     An act relating to restitution;

     To the committee on Judiciary.

H. 335

     By Rep. Grad of Moretown,

     An act relating to victim’s compensation;

     To the committee on Judiciary.

H. 336

     By Rep. Botzow of Pownal,

     An act relating to expungement of criminal records;

     To the committee on Judiciary.

H. 337

     By Reps. Edwards of Brattleboro, Donovan of Burlington, Botzow of Pownal, Fisher of Lincoln and Pearson of Burlington,

     An act relating to paid sick days;

     To the committee on General, Housing and Military Affairs.

H. 338

     By Reps. Edwards of Brattleboro, Donovan of Burlington, Botzow of Pownal, Cheney of Norwich, Davis of Washington, Evans of Essex, Fisher of Lincoln, Gervais of Enosburg, Haas of Rochester, Jewett of Ripton, Minter of Waterbury, Nuovo of Middlebury, Ojibway of Hartford, Pearson of Burlington, Pellett of Chester, Pillsbury of Brattleboro, Randall of Troy and Weston of Burlington,

     An act relating to a state purchasing code of conduct;

     To the committee on Government Operations.

H. 339

     By Rep. Grad of Moretown (By Request),

     An act relating to video surveillance of public places by law enforcement;

     To the committee on Government Operations.

H. 340

     By Rep. Grad of Moretown,

     An act relating to expanding public access to criminal records;

     To the committee on Judiciary.

H. 341

     By Reps. Keenan of St. Albans City, Acinapura of Brandon, Bostic of St. Johnsbury, Donovan of Burlington, Fisher of Lincoln, Heath of Westford, Hunt of Essex, Hutchinson of Randolph, Larson of Burlington, LaVoie of Swanton, Miller of Shaftsbury and Morley of Barton,

     An act relating to pass-through of a portion of the federal credit for energy-efficient homes;

     To the committee on Ways and Means.

Bill Referred to Committee on Ways and Means

H. 313

     House bill, entitled

     An act relating to the administration and enforcement of fines within the judicial bureau;

     Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.

Bill Read Second Time; Third Reading Ordered

H. 274

Rep. Mrowicki of Putney spoke for the committee on Human Services.

House bill entitled

An act relating to adult foster care;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Bill Amended; Third Reading Ordered

H. 15

Rep. Mook of Bennington, for the committee on Education, to which had been referred House bill, entitled

An act relating to a statewide school year calendar;

Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

(a)  The general assembly finds:

(1)  School districts need to find ways to collaborate in order to maintain concurrent schedules, improve student learning, and reduce costs through sharing of resources.

(2)  Students learn best when provided educational services for uninterrupted periods of instructional time.

(3)  Educators can deliver instructional services more efficiently and effectively when schools are following the same vacation, holiday, and statewide assessment schedules.

(4)  Common professional development days provide educators the opportunity to participate in regional and statewide programs.

(5)  A uniform statewide calendar ensures better attendance at regional programs, such as technical centers.

(6)  The dates on which a school year begins and ends have great impact on families and businesses, as does the scheduling of in-service days and vacation.

(b)  Therefore, it is the intent of this act to direct the commissioner of education to adopt a statewide calendar.  It is not the intent that the statewide calendar shall deviate from the traditional summer vacation period.

Sec. 2.  16 V.S.A. § 1071 is amended to read:

§ 1071.  SCHOOL YEAR AND SCHOOL DAY CALENDAR

(a)  Minimum number of days Statewide school calendarExcept as provided in this section, each public school shall be maintained and operated for  The commissioner shall develop a uniform statewide calendar for use by all public schools.  To develop the first year’s calendar, which the commissioner shall use as the model for future calendars, the commissioner shall engage in a public process with students, parents, educators, the business community, and other interested parties.  The purpose of the statewide calendar shall be to improve high quality learning opportunities for all Vermont students.  The commissioner shall announce the uniform statewide calendar by October 1 for the ensuing school year.  The calendar shall include:

(1)  at least one hundred seventy-five 175 common student attendance days in each school year.  For purposes of this section, a majority of students enrolled in a school must be recorded on the school roll as in attendance on any day counted as a student attendance day.;

(2)  at least five common teacher in-service education days, during which time activities shall be conducted without students present in order to increase the competency of the staff, improve the curriculum of the school, enable teachers to attend state educational meetings, or disseminate student progress information to parents or the community;

(3)  to the extent possible, common periods for statewide assessments;

(4)  periods of vacation and holidays so as to ensure uninterrupted periods of instructional time;

(5)  a sufficient number of makeup days to compensate for unanticipated closings.  

(b)  Hours of operation.  Within the minimum set by the state board, the school board shall fix the number of hours that shall constitute a school day, subject to change upon the order of the state board.

(c)  Unanticipated closings.  When a public school is closed for cause beyond the control of the school board it may petition the state board for a waiver of the requirements of this section.  The petition shall be filed with the state board within 10 days of each occurrence and not later than June 15 of the school year involved; and the state board shall act on the petition at its next meeting held five or more business days following receipt of the petition.  Action may include approval of the request, disapproval of the request, or postponement of a decision for a definite period in order to enable the district to schedule makeup days.  If the petition is approved and a waiver granted, the school district shall be deemed to have satisfied the requirements of this section.  If the state board fails to act at that meeting, the petition shall be deemed to have been approved and the waiver granted.

(d)  Unique community situations.  If a school district or group of school districts needs to deviate from the uniform calendar due to a circumstance unique to the community which cannot otherwise be accommodated, the district or districts may petition the state board for a waiver by January 1 for the ensuing school year, and the state board shall act on the petition at its next meeting.

(e)  Regional calendar.  Before April 1 of each year, the superintendents of schools and the headmasters of public schools not managed by school boards in an area shall meet, and by majority vote, establish a uniform calendar within that area for the following school year.  The calendar shall include student attendance days, periods of vacation, holidays and teacher in-service education days and shall comply with subsection (a) of this section.  Unless permitted by the commissioner, no area served by a regional technical center shall be divided into two or more calendar regions.  [Deleted.]

(f)  Additional days.  Nothing in this section prohibits a school board from scheduling additional days for student attendance or teacher in-service education.  However, those days shall not conflict with any applicable school displace or replace days identified as common student attendance days or common teacher in-service education days on the statewide calendar.

(g)  Upon application of one or more school districts, after approval by the voters of each such district, the state board may grant a waiver of the requirements of subsection (a) if it is satisfied that equivalent educational programming will be maintained or improved.  The waiver may be granted for any purpose, including the conservation of energy.

Sec. 3.  EFFECTIVE DATE

The statewide calendar developed under this act shall be voluntary for the 2008–2009 school year and shall be mandatory for the 2009–2010 school year and each year thereafter.

Was taken up, read the second time, the report of the committee on Education agreed to and third reading ordered.

Adjournment

At ten o’clock and fifty minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at three o’clock in the afternoon.

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us