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Journal of the House

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THURSDAY, MARCH 1, 2007

At three o'clock in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Sister Margaret Brault of Sisters of Mercy, Burlington.

Message from the Senate No. 29

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has considered a bill originating in the House of the following title:

H. 131.  An act relating to approval of an amendment to the charter of the village of North Troy.

And has passed the same in concurrence.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 20.  Joint resolution providing for and relating to an extension of the date for the convening of a Joint Assembly to vote on the retention of Superior Judges and District Judges.

In the adoption of which the concurrence of the House is requested.

House Bills Introduced

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

H. 434

By Rep. French of Randolph (By Request),

An act relating to requiring adequate shelter to assure humane treatment of domestic animals and livestock;

To the committee on Agriculture.

H. 435

By Reps. Hutchinson of Randolph and French of Randolph,

An act relating to waiting period for destroying a vicious dog;

To the committee on Government Operations.

H. 436

By Reps. Hutchinson of Randolph and French of Randolph,

An act relating to discussion of ballot items at town meeting;

     To the committee on Government Operations.

H. 437

By Reps. Hutchinson of Randolph and French of Randolph,

     An act relating to emergency fire department expenditures;

     To the committee on Government Operations.

H. 438

By Rep. Hutchinson of Randolph,

     An act relating to sheriff’s law enforcement budget committees;

     To the committee on Government Operations.

H. 439

     By Reps. Dostis of Waterbury, Barnard of Richmond, Hosford of Waitsfield, Klein of East Montpelier and Mrowicki of Putney,

     An act relating to an appropriation to end childhood hunger;

     To the committee on Human Services.

H. 440

     By Rep. LaVoie of Swanton,

     An act relating to board of civil authority quorum requirement for tax abatement purposes;

     To the committee on Government Operations.

H. 441

     By Rep. Zuckerman of Burlington,

     An act relating to voter registration for prisoners;

     To the committee on Institutions.

H. 442

     By Reps. French of Randolph, Donahue of Northfield, Fisher of Lincoln, Haas of Rochester, Milkey of Brattleboro and Pugh of S. Burlington,

     An act relating to an agency of human services report on increasing the income deduction for elderly and disabled persons;

     To the committee on Human Services.

H. 443

     By Rep. Obuchowski of Rockingham,

     An act relating to network modernization plans for extension of broadband telecommunications service;

     To the committee on Commerce.

H. 444

     By Reps. Hutchinson of Randolph, Courcelle of Rutland City, French of Randolph, Hosford of Waitsfield and Mitchell of Barnard,

     An act relating to an appropriation to Vermont Adaptive ski and sports;

     To the committee on Appropriations.

H. 445

     By Rep. Jewett of Ripton,

     An act relating to wills and estates;

     To the committee on Judiciary.

H. 446

     By Reps. Edwards of Brattleboro and Marek of Newfane,

     An act relating to a local option property transfer surtax to fund a municipality’s local land bank fund;

     To the committee on Fish, Wildlife and Water Resources.

H. 447

     By Reps. Hutchinson of Randolph and French of Randolph,

     An act relating to county financial audits;

     To the committee on Government Operations.

 

 

H. 448

     By Reps. Donahue of Northfield, Andrews of Rutland City, Evans of Essex, Fisher of Lincoln, Frank of Underhill, French of Randolph, Haas of Rochester, Hudson of Lyndon, Jerman of Essex, Martin of Wolcott, McAllister of Highgate, Morrissey of Bennington, Mrowicki of Putney, Pearson of Burlington and Pillsbury of Brattleboro,

     An act relating to the Vermont State Hospital governing body;

     To the committee on Government Operations.

H. 449

     By Reps. Pugh of S. Burlington, Andrews of Rutland City, Donahue of Northfield, Fisher of Lincoln, Frank of Underhill, French of Randolph, Haas of Rochester, McAllister of Highgate, Mrowicki of Putney and Orr of Charlotte,

     An act relating to foster care services and supports;

     To the committee on Human Services.

H. 450

     By Reps. Dostis of Waterbury, Errecart of Shelburne, Canfield of Fair Haven, Cheney of Norwich, Edwards of Brattleboro, Klein of East Montpelier, Krawczyk of Bennington, LaVoie of Swanton, Mitchell of Barnard, Nuovo of Middlebury and Weston of Burlington,

     An act relating to the air contaminant fee for burning wood;

     To the committee on Natural Resources and Energy.

H. 451

     By Reps. Leriche of Hardwick, Perry of Richford and Clarkson of Woodstock,

     An act relating to designated low impact development neighborhoods, agricultural lands mitigation and housing under Act 250, land gains tax exemptions for housing, and other housing incentives;

     To the committee on Natural Resources and Energy.

H. 452

     By Reps. Randall of Troy, Atkins of Winooski, Barnard of Richmond, Botzow of Pownal, Edwards of Brattleboro, Fitzgerald of St. Albans City, Hutchinson of Randolph, Maier of Middlebury, Masland of Thetford, McAllister of Highgate, Milkey of Brattleboro, Pearson of Burlington, Pillsbury of Brattleboro, Shand of Weathersfield and Trombley of Grand Isle,

     An act relating to records of the agency of agriculture, food and markets;

     To the committee on Agriculture.

H. 453

     By Reps. Pugh of S. Burlington, Ancel of Calais, Bostic of St. Johnsbury, Botzow of Pownal, Brooks of Montpelier, Clark of Vergennes, Fisher of Lincoln, Head of S. Burlington, Hosford of Waitsfield, Klein of East Montpelier, McDonald of Berlin, McFaun of Barre Town, Minter of Waterbury, Monti of Barre City, Shand of Weathersfield, Trombley of Grand Isle, Valliere of Barre City and Westman of Cambridge,

     An act relating to the job start program;

     To the committee on Commerce.

H. 454

     By Rep. Nuovo of Middlebury,

     An act relating to the construction of transmission and distribution facilities;

     To the committee on Commerce.

H. 455

     By Reps. Pugh of South Burlington,

     An act relating to a payment program for essential electricity service for low income Vermonters;

     To the committee on Natural Resources and Energy.

H. 456

     By Rep. Botzow of Pownal,

     An act relating to abandoned mobile homes, underground fuel tanks, and water quality in mobile home parks;

     To the committee on Fish, Wildlife and Water Resources.

H. 457

     By Reps. Andrews of Rutland City, Courcelle of Rutland City, Deen of Westminster, Donahue of Northfield, Frank of Underhill, French of Randolph, Godin of Milton, Haas of Rochester, Leriche of Hardwick, Lorber of Burlington, McCormack of Rutland City, Milkey of Brattleboro, Miller of Shaftsbury, Trombley of Grand Isle and Weston of Burlington,

     An act relating to foster care parents’ bill of rights;

     To the committee on Human Services.

H. 458

     By Rep. Clarkson of Woodstock,

     An act relating to digital corporate transactions;

     To the committee on Commerce.

H. 459

     By Rep. Pugh of South Burlington,

     An act relating to the sale of a telecommunications company subscriber’s personal or other data to a third party;

     To the committee on Commerce.

H. 460

     By Rep. Larson of Burlington,

     An act relating to ensuring health and safety on public construction projects;

     To the committee on Institutions.

H. 461

     By Reps. Andrews of Rutland City, Courcelle of Rutland City, Deen of Westminster, Donahue of Northfield, Frank of Underhill, French of Randolph, Godin of Milton, Haas of Rochester, Leriche of Hardwick, Lorber of Burlington, McCormack of Rutland City, Miller of Shaftsbury, Trombley of Grand Isle and Weston of Burlington,

     An act relating to a bill of rights for foster care children;

     To the committee on Human Services.

H. 462

     By Reps. Flory of Pittsford and Jewett of Ripton,

     An act relating to support for small schools;

     To the committee on Education.

H. 463

     By Reps. Weston of Burlington, Barnard of Richmond, Cheney of Norwich, Edwards of Brattleboro, Johnson of South Hero, Larson of Burlington, Lippert of Hinesburg, Lorber of Burlington, Mitchell of Barnard, Pearson of Burlington and Trombley of Grand Isle,

     An act relating to establishing an environmental justice policy for the state of Vermont;

     To the committee on Natural Resources and Energy.

H. 464

     By Reps. Baker of West Rutland and Howrigan of Fairfield,

     An act relating to an exception to the open container law for designated drivers;

     To the committee on Transportation.

H. 465

     By Reps. Lippert of Hinesburg and Grad of Moretown,

     An act relating to discrimination by a public accommodation and the powers of the human rights commission;

     To the committee on Judiciary.

H. 466

     By Reps. Chen of Mendon, Andrews of Rutland City, Bissonnette of Winooski, Fallar of Tinmouth, Flory of Pittsford, McCormack of Rutland City, Shand of Weathersfield and Sunderland of Rutland Town,

     An act relating to an appropriation to support public libraries;

     To the committee on Appropriations.

H. 467

     By Reps. Condon of Colchester, Aswad of Burlington, Canfield of Fair Haven, Kitzmiller of Montpelier, Otterman of Topsham, Pearson of Burlington, Sharpe of Bristol, Stevens of Shoreham and Zuckerman of Burlington,

     An act relating to prohibiting the use of robotic telephone calls that support or oppose a candidate for elected office;

     To the committee on Government Operations.

H. 468

     By Rep. Heath of Westford,

     An act relating to establishing a purchase fee system for new motor vehicle tires;

     To the committee on Fish, Wildlife and Water Resources.

H. 469

     By Reps. McFaun of Barre Town, Brooks of Montpelier, Chen of Mendon, Copeland-Hanzas of Bradford, Dostis of Waterbury, Howard of Rutland City, Keogh of Burlington, Koch of Barre Town, Leriche of Hardwick, McCormack of Rutland City, McDonald of Berlin, Milkey of Brattleboro, Monti of Barre City and Valliere of Barre City,

     An act relating to an exemption from criminal record check fees for public housing authorities;

     To the committee on Government Operations.

H. 470

     By Reps. Flory of Pittsford and Marek of Newfane,

     An act relating to the procedures of the judicial nominations board and qualifications of judicial applicants;

     To the committee on Judiciary.

H. 471

     By Reps. Wright of Burlington and Flory of Pittsford,

     An act relating to sexual activity between a school employee and a student;

     To the committee on Education.

H. 472

     By Reps. Weston of Burlington, Andrews of Rutland City, Barnard of Richmond, Copeland-Hanzas of Bradford, Donovan of Burlington, Dostis of Waterbury, Evans of Essex, Lorber of Burlington, Mitchell of Barnard and Trombley of Grand Isle,

     An act relating to the creation of the Green Mountain Government Fellows program;

     To the committee on Government Operations.

H. 473

     By Reps. Flory of Pittsford, Acinapura of Brandon, Allard of St. Albans Town, Baker of West Rutland, Branagan of Georgia, Canfield of Fair Haven, Clark of St. Johnsbury, Clark of Vergennes, Devereux of Mount Holly, Donaghy of Poultney, Fitzgerald of St. Albans City, Gervais of Enosburg, Helm of Castleton, Howrigan of Fairfield, Hudson of Lyndon, Johnson of Canaan, Kilmartin of Newport City, Koch of Barre Town, Krawczyk of Bennington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, McAllister of Highgate, Morrissey of Bennington, Otterman of Topsham, Peaslee of Guildhall, Shaw of Derby, Sunderland of Rutland Town, Turner of Milton, Valliere of Barre City, Wheeler of Derby and Winters of Williamstown

     An act relating to requiring parental notification prior to performing an abortion on an unemancipated minor;

     To the committee on Human Services.

H. 474

     By Reps. Clark of Vergennes, Canfield of Fair Haven, Flory of Pittsford, Jewett of Ripton, Maier of Middlebury, Nuovo of Middlebury, Oxholm of Vergennes, Peltz of Woodbury, Rodgers of Glover, Sharpe of Bristol, Stevens of Shoreham, Sunderland of Rutland Town and Winters of Williamstown,

     An act relating to an on-site wastewater system study;

     To the committee on Fish, Wildlife and Water Resources.

H. 475

     By Rep. Heath of Westford,

     An act relating to health care coverage for young adult children;

     To the committee on Health Care.

H. 476

     By Reps. Morrissey of Bennington, Allard of St. Albans Town, Andrews of Rutland City, Audette of S. Burlington, Baker of West Rutland, Branagan of Georgia, Canfield of Fair Haven, Chen of Mendon, Clark of St. Johnsbury, Clark of Vergennes, Corcoran of Bennington, Devereux of Mount Holly, Donaghy of Poultney, Donahue of Northfield, Evans of Essex, Fitzgerald of St. Albans City, Flory of Pittsford, Frank of Underhill, French of Randolph, Head of S. Burlington, Helm of Castleton, Howrigan of Fairfield, Hutchinson of Randolph, Jerman of Essex, Keogh of Burlington, Krawczyk of Bennington, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, Livingston of Manchester, Marcotte of Coventry, McAllister of Highgate, McCullough of Williston, Morley of Barton, Mrowicki of Putney, O’Donnell of Vernon, Orr of Charlotte, Oxholm of Vergennes, Peaslee of Guildhall, Perry of Richford, Potter of Clarendon, Pugh of S. Burlington, Rodgers of Glover, Shaw of Derby, Smith of Morristown, Sunderland of Rutland Town, Sweaney of Windsor, Trombley of Grand Isle, Turner of Milton, Valliere of Barre City, Winters of Williamstown and Wright of Burlington,

     An act relating to motor vehicle driver license suspension for failure to have motor vehicle insurance;

     To the committee on Judiciary.

H. 477

     By Rep. Koch of Barre Town,

     An act relating to nutritional labeling of food by chain restaurants;

     To the committee on Human Services.

Bill Referred to Committee on Appropriations

H. 433

House bill, entitled

An act relating to the next generation initiative of workforce development through workforce development programs and internships;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Joint Resolution Referred to Committee

J.R.H. 18

Rep. Chen of Mendon offered a joint resolution, entitled

Joint resolution in opposition to federal legislation that would authorize the establishment of small business health plans that preempt state insurance statutes;

Whereas, the accessibility of affordable health insurance for all Americans is a worthy and urgent public policy goal, and

Whereas, notwithstanding the need to expand the public’s access to comprehensive health insurance coverage, federal legislation must not  preempt the consumer guarantees and safeguards that Vermont and other states have enacted, and

Whereas, during the 109th Congress, United States Senator Michael Enzi of Wyoming introduced S.1955 “A bill to amend Title I of the Employee Retirement Security Act of 1874 and the Public Health Service Act to expand health care access and reduce costs through the creation of small business health plans and through modernization of the health insurance marketplace,” and

Whereas, this bill would have authorized small businesses that have been in existence at least three years to establish health care plans for their owners, directors, employees, and dependents that are not subject to state regulation, and

Whereas, one of the provisions in the legislation would have prohibited “participating employers from providing coverage to the individual member (qualified individual) not covered by the employer’s health plan which is similar to the coverage provided by the plan, if such exclusion of the employee from plan coverage is based on a health status-related factor, and such employee would, but for such exclusion, be eligible for the plan,” and

Whereas, the legislation would allow the plan to begin operating within 90 days if state regulators, such as the Vermont department of banking, insurance, securities, and health care administration, fail to grant a license, and

Whereas, most significantly, the bill would have preempted “any and all state laws relating to ratings and benefits which may preclude a health insurance issuer from offering health insurance coverage in connection with a small business plan,” and

Whereas, the adoption of this legislation would have exempted these plans from Vermont statutes pertaining to community rating, mental health parity, and mandatory coverage for diabetes, chemotherapy, and mammograms, and

Whereas, federal legislation with these provisions would deny an unknown number of Vermonters the full package of health insurance benefits and rights that the general assembly has enacted into law, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress not to adopt legislation similar to S.1955 of the 109th Congress that would have established new small business health insurance plans that deny Vermonters the health insurance benefits and rights that the general assembly has provided by law for the citizens of Vermont, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the members of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Health Care.

Joint Resolution Referred to Committee

J.R.S. 19

The committee on Natural Resources and Energy offered a joint resolution, entitled

     Joint resolution urging Congress to oppose any grandfathering of carbon emissions from new coal burning plants in future national regulation of carbon emissions;

Whereas, according to the Intergovernmental Panel on Climate Change’s (IPCC’s) Fourth Assessment Report:  the natural range of carbon dioxide over the past 650,000 years is 180 to 300ppm; as a result of human activities, global atmospheric concentrations of carbon dioxide have increased to 379ppm as of 2005; and the primary source of carbon dioxide is from fossil fuels, and

Whereas, studies from the Carbon Dioxide Information Analysis Center, the primary climate-change data and information analysis center of the United States Department of Energy (DOE) since 1982, show that:  energy-related activities were the primary sources of United States anthropogenic greenhouse gas emissions, from the United States, accounting for 86 percent of total emissions of carbon equivalents in 2004; the United States produced nearly 1.6 billion tons of carbon in 2002; and coal used by electric utilities produces 25.98 metric tons of carbon per billion BTUs, and

Whereas, a recent report to the Pew Center for Climate Change from the Carnegie Mellon's Electricity Industry Center showed that the nation needs to cut carbon dioxide emissions from electricity generation by 65–85 percent below current levels by 2100 to stabilize atmospheric carbon dioxide concentrations at twice the level of pre-industrial times, and

Whereas, there are currently over 150 proposed new coal-burning electric power plants within the continental United States, and

Whereas, the increase in proposed coal-burning power plant construction, in the face of the increasing societal need to drastically decrease production of carbon, indicates a race to grandfather the new coal-burning electric power plants by those intending to build large carbon–emitting power plants prior to carbon restrictive legislation being enacted by Congress, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly of the State of Vermont believes that this type of race to grandfather huge new carbon emissions is contradictory to the purpose of carbon-restricting legislation in that it would allow coal-burning power plants that are not even built yet to contribute large amounts of carbon dioxide to the atmosphere, and be it further  

Resolved:  That the General Assembly urges Congress to send a clear message that any future carbon-restricting legislation will not grandfather or otherwise grant exempt status to any coal-burning power plants where construction began after January 1, 2007, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to Governor Douglas, the President of the United States, and the Vermont Congressional delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Natural Resources and Energy.

 

 

Joint Resolutions Placed on Calendar

The Speaker placed before the House the following resolution which was read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.S. 20

By Senator Campbell,

Joint resolution providing for and relating to an extension of the date for the convening of a Joint Assembly to vote on the retention of Superior Judges and District Judges.

Whereas, declarations have been submitted by three Superior Judges and four District Judges, that they be retained for further six-year terms, and

Whereas, the procedures of the Joint Committee on Judicial Retention require at least two public hearings and the review of information provided by each judge and of comments of members of the Vermont bar and the public, and

Whereas, the Committee anticipates that it will be unable to fulfill its responsibilities under subsection 608(b) of title 4 to evaluate the judicial performance of the judges seeking to be retained in office in order that a report be submitted by March 8, 2007, the date specified in subsection 608(e) of title 4, and for a vote in Joint Assembly to be held on March 15, 2007, the date specified in subsection 10(b) of title 2, and

Whereas, subsection 608(g) of title 4 permits the General Assembly to defer action on the retention of judges to a subsequent Joint Assembly when the Committee is unable to make a timely recommendation, now therefore be it

Resolved by the Senate and House of Representatives:

That the vote by the General Assembly on the retention of the three Superior Judges and four District Judges be deferred to a Joint Assembly to be held on March 22, 2007.

Third Reading; Bill Passed

H. 368

House bill, entitled

An act relating to regulation of professions and occupations;

Was taken up, read the third time and passed.

 

 

Bill Amended; Third Reading Ordered;

Rules Suspended; Bill Read Third Time and Passed

H. 334

Rep. Flory of Pittsford, for the committee on Judiciary, to which had been referred House bill, entitled

An act relating to restitution;

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

Sec. 1.  12  V.S.A. § 2901 is amended to read:

§ 2901.  CREATION OF JUDGMENT LIEN

A final judgment issued in a civil action or a restitution order entered under section 7043 of Title 13 shall constitute a lien on any real property of a judgment debtor if recorded as provided in this chapter.

Sec. 2.  13  V.S.A. § 5362 is amended to read:

§ 5362.  RESTITUTION UNIT

* * *

(c)  The restitution unit shall have the authority to:

* * *

(4)  Investigate and verify the amount of insurance or other payments paid to or for the benefit of a victim, and adjust the amount collected from the offender or disbursed to the victim from the crime victims' restitution special fund accordingly.  No hearing shall be required before the restitution unit adjusts a collection or disbursement pursuant to this subdivision, provided that the unit notifies the court and the offender of the adjustment.

* * *

Sec. 3.  13 V.S.A. § 5363 is amended to read:

§ 5363.  CRIME VICTIMS' RESTITUTION SPECIAL FUND

* * *

(b)(1)  There shall be deposited into the fund:

* * *

(3)  If a victim who is entitled to receive an advance payment of restitution from the crime victims’ restitution special fund cannot be located, the restitution unit shall report the amount to the treasurer within the time limits provided by subsection 1247(d) of Title 27, and the treasurer shall report it as unclaimed property.  Notwithstanding any other provision of law, in no event shall collected restitution payments be deposited with the treasurer or subject to ultimate deposit in the general or education fund.

* * *

Sec. 4.  13 V.S.A. § 5365 is added to read:

§ 5365.  ACCESS TO FINANCIAL RECORDS

(a)  As used in this section:

(1)  "Depositor" means an owner of an account in a financial institution and includes "share account holders" of credit unions.

(2)  "Financial institution" means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this state or authorized to do business in this state.

(4)  "Offender" means a person who owes restitution.

(5)  "Restitution unit" means the state of Vermont restitution unit.

(6)  "Restitution" means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed.

(b)  Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest.

(c)  A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section.  The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified:

(1)  The full name, date of birth, and address that the offender provided for himself or herself to the financial institution.

(2)  The offender’s Social Security number.

(3)  The offender’s account number.

(4)  The amount of deposits contained in the offender’s account.

(5)  Whether the offender is the sole owner of the account.

(d)  The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section.  Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.

(e)  A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution.

(f)  The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be used only for the purpose of collecting unpaid restitution.

Sec. 5.  13  V.S.A. § 7043 is amended to read:

§ 7043.  RESTITUTION

(a)(1)  Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss.

(2)  For purposes of this section, "material loss" means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured loss of income, uninsured financial impact suffered as a consequence of the victim’s  crime-related death, and uninsured medical expenses.

(b)  When ordered, restitution may include:

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

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

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

(c)  In awarding restitution, the court shall make findings with respect to:

(1)  The total amount of the material loss incurred by the victim. If sufficient documentation of the material loss is not available at the time of sentencing, the court shall set a hearing on the issue, and notice thereof shall be provided to the offender.

(2)  The offender's current ability to pay restitution, based on all financial information available to the court, including information provided by the offender.

(d)(1)  An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (k) of this section.  Notwithstanding chapter 113 of Title 12 or any other provision of law, interest shall not accrue on a restitution judgment.

(2)(A)  Every order of restitution shall:

(i)  include the offender's name, address and social security number;

(ii)  include the name, address, and telephone number of the offender's employer; and

(iii)  require the offender, until his or her restitution obligation is satisfied, to notify the restitution unit within 30 days if the offender's address or employment changes, including providing the name, address, and telephone number of each new employer.

(B)  [Repealed.]

(e)(1)  If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole.  A person shall not be placed on probation solely for purposes of paying restitution.  An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

(2)  The department of corrections shall work collaboratively with the restitution unit to assist with the collection of restitution.  The department shall provide the restitution unit with information about the location and employment status of the offender.

(f)(1)  When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(2)(A)  If restitution was not requested at the time of sentencing, or if expenses arose after the entry of a restitution order, the state may file a motion with the sentencing court to reopen the restitution case in order to consider a request for restitution payable from the restitution fund.  Restitution ordered under this subdivision shall not be payable by the offender. 

(B)  A motion under this subdivision shall be filed within one year after the imposition of sentence or the entry of the restitution order.

(g)  Restitution ordered under this section shall not preclude a person from pursuing an independent civil action for all claims not covered by the restitution order.

(h)(1)  The court shall transmit a copy of a restitution order to the restitution unit, which shall make payment to the victim in accordance with section 5363 of this title.

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

(i)  The restitution unit may bring an action to enforce a restitution order against an offender in the superior or small claims court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued by the district court shall be enforceable in superior or small claims court in the same manner as a civil judgment.  Superior and small claims court filing fees shall be waived for an action under this subsection, and for an action to renew a restitution judgment.

(j)  All restitution payments shall be made to the restitution unit, with the exception of restitution relating to a conviction for welfare fraud ordered under this section and recouped by the economic services division.  The economic services division shall provide the restitution unit with a monthly report of all restitution collected through recoupment.  This subsection shall have no effect upon the collection or recoupment of restitution ordered under Title 33.

(k)  The sentencing court may modify the payment schedule of a restitution order if, upon motion by the restitution unit or the offender, the court finds that modification is warranted by a substantial change in circumstances.

( l )(m)  If the offender fails to pay restitution as ordered by the court, the restitution unit may file an action to enforce the restitution order in superior or small claims court.  After an enforcement action is filed, any further proceedings related to the action shall be heard in the court where it was filed.  The court shall set the matter for hearing and shall provide notice to the restitution unit, the victim, and the offender.  If the court determines the offender has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the offender will make the required restitution payment, including:

(1)  amending the payment schedule of the restitution order;

(2)  ordering, in compliance with the procedures required in Rule 4.1 of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale of assets and accounts owned by the offender;

(3)  ordering the offender's wages withheld pursuant to subsection (o) of this section; or

(4)  ordering the suspension of any recreational licenses owned by the offender.

(m)(1)(n)(1)  Any monies owed by the state to an offender who is under a restitution order, including lottery winnings and tax refunds, shall be used to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule established by the courts.

(2)  When an offender is entitled to a tax refund, any restitution owed by the offender shall be withheld from the refund pursuant to subchapter 12 of chapter 151 of Title 32.

(3)(A)  For all Vermont lottery games, the lottery commission shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding restitution order.  If the winner owes restitution, the lottery commission shall withhold the entire amount of restitution owed and pay it to the restitution unit.  The remainder of the winnings, if any, shall be sent to the winner.  The winner shall be notified by the restitution unit of the offset prior to payment to the victim and given a period not to exceed 20 days to contest the accuracy of the information.

(B)  The restitution unit shall inform the lottery commission of persons with outstanding restitution orders upon request. Each person subject to such an order shall be identified by name, address, and Social Security number.

(C)  If a lottery winner has an outstanding restitution order and an outstanding child support order, the lottery winnings shall be offset first pursuant to section 792 of Title 15 by the amount of child support owed, and second pursuant to this subsection by the amount of restitution owed.  The remainder of the winnings, if any, shall be sent to the winner.

(4)  Unless otherwise provided, monies paid under this subsection shall be paid directly to the restitution unit.

(n)(1)(o)(1)  The sentencing court at the time of sentencing, or the superior or small claims court in a subsequent proceeding, may issue a wage withholding order directing All restitution orders made or modified on or after January 1, 2008 shall include an order for wage withholding unless the court in its discretion finds good cause not to order wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order.  The wage withholding order shall direct current and subsequent employers of the offender to pay a portion of the offender's wages directly to the restitution unit until the offender's restitution obligation is satisfied.  The wages of the offender shall be exempt as follows:

(A)  to the extent provided under Section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)); or

(B)  if the court finds the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivision (1)(A) of this subsection, such greater amount of earnings as the court shall order.

(2)  The court shall transmit all wage withholding orders issued under this section to the restitution unit, which shall forward the orders to the offender's employers.  Upon receipt of a wage withholding order from the restitution unit, an employer shall:

(A)  withhold from the wages paid to the offender the amount specified in the order for each wage period;

(B)  forward the withheld wages to the restitution unit within seven working days after wages are withheld, specifying the date the wages were withheld;

(C)  retain a record of all withheld wages;

(D)  cease withholding wages upon notice from the restitution unit; and

(E)  notify the restitution unit within 10 days of the date the offender's employment is terminated.

(3)  In addition to the amounts withheld pursuant to this section, the employer may retain not more than $5.00 per month from the offender's wages as compensation for administrative costs incurred.

(4)  Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the employee, whichever is later, shall be liable to the restitution unit in the amount of the wages required to be withheld.

(5)  An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.

(6)  For purposes of this subsection, "wages" means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs and workers' compensation or insurance policies of any type.

(o)(p)  An obligation to pay restitution is part of a criminal sentence and is:

(1)  nondischargeable in the United States Bankruptcy Court to the maximum extent provided under 11 U.S.C. §§ 523 and 1328; and

(2)  not subject to any statute of limitations.

(p)(q)  A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of chapter 57 of Title 9, and the restitution unit shall be entitled to the remedies of creditors provided under section 2291 of Title 9.

Sec. 6.  23 V.S.A. § 1213c(j) is amended to read:

(j)  Order of forfeiture.  If the court orders the motor vehicle forfeited, it shall be delivered into the custody of the commissioner of buildings and general services, who shall dispose of the motor vehicle pursuant to section 1556 of Title 29.  The proceeds from the sale of the vehicle shall first be used to offset any costs of selling the vehicle, and then, after any liens on the vehicle have been paid in full, applied to any unpaid restitution owed by the defendant in connection with the charge that resulted in forfeiture. Any balance remaining, after any liens on the vehicle have been paid in full, shall be deposited into the general fund.

Sec. 7.  27 V.S.A. § 1249 is amended to read:

§ 1249.  NOTICE AND PUBLICATION OF LISTS OF UNCLAIMED

               PROPERTY

(a)  The treasurer shall notify apparent owners of unclaimed property under this chapter in the manner and method set out in subsection (b) of this section. In deciding whether to use an additional method specified in subdivision (b)(2) of this section, and which of those methods to use, the treasurer shall employ the method he or she deems to be the most cost-effective method available within its appropriations, while also giving consideration to the effectiveness of the method.

(b)  The treasurer:

(1)  shall notify all apparent owners of unclaimed property in accordance with this section by means of posting on the treasurer's website on the internet;

(2)  may use any of the following to provide additional notice to the apparent owners:

(A)  publication in a newspaper of general circulation:

(i)  in the area of the state in which the last known address of a person to be named in the notice is located;

(ii)  in the area in which the holder has its principal place of business in the state; or

(iii)  in the area the treasurer deems to provide the best opportunity to reach the apparent owner;

(B)  individual contact by regular or electronic mail, or by telephone, if the treasurer has current contact information on file;

(C)  any other manner and method that the treasurer considers effective for providing notice and publication.

(c)  In the notice and publication under subsection (b) of this section, the treasurer shall provide the names of the apparent owners of the property and information regarding recovery of the unclaimed property.

(d)  The treasurer is not required to publish in the notice an item of less than $100.00 in value.

(e)  The treasurer may establish a program to assist other state agencies holding property not presumed to be abandoned to locate the owners of the property.  Under this program, the treasurer may publish the owners’ names on the treasurer’s website and in any other manner the treasurer deems appropriate without taking possession of the property.  Owners contacting the treasurer’s office under this program would be referred to the state agency possessing the property.  Agencies participating in the program will remain obligated to report and remit the property to the treasurer’s office after it is presumed abandoned.

Sec. 8.  13  V.S.A. § 7282 is amended to read:

§ 7282. ASSESSMENT

(a) In addition to any penalty or fine imposed by the court or judicial bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or judicial bureau shall levy an additional fee of:

* * *

(9) For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims' restitution special fund established by section 5363 of this title.

* * *

Sec. 9.  REPEAL OF SUNSET FOR RESTITUTION UNIT AND CRIME VICTIMS’ RESTITUTION SPECIAL FUND

Sec. 16 of No. 57 of the Acts of 2003 (sunset for restitution unit and crime victims’ restitution special fund) is repealed.

Sec. 10.  EFFECTIVE DATE

Sec. 9 of this act shall take effect on July 1, 2009.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Judiciary agreed to and third reading ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage.  The bill was read the third time and passed.

Rules Suspended; Favorable Report; Third Reading Ordered;

Rules Suspended; Resolution Read the Third Time and Passed

J.R.H. 17

On motion of Rep. Adams of Hartland, the rules were suspended and Joint resolution, entitled

Joint resolution relating to legislative approval for purchase of equipment for Amtrak Vermont services;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

Rep. Helm of Castleton, for the committee on Appropriations, to which had been referred reported in favor of its passage.  The resolution was read the second time and third reading ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the resolution placed on all remaining stages of passage.  Thereupon, the resolution was read the third time and passed.

Rules Suspended; Action on Bill Postponed

H. 302

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to fiscal year 2007 budget adjustments;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

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

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

Sec. 8.  Sec. 56 of No. 215 of the Acts of 2006 is amended to read:

Sec. 56.  Vermont court diversion

* * *

     (a)  Court diversion programs may use funds allocated in the appropriation above for increased wages to maintain salaries and benefits.

     Second:  After Sec. 9, by adding a new section to be numbered Sec. 9a to read as follows:

Sec. 9a.  Sec. 63 of No. 215 of the Acts of 2006 is amended to read:

Sec. 63.  Public safety – administration

* * *

     (b)  Of the funds appropriated to the department of public safety $26,000 shall be used to make a grant to the Essex county sheriff department. The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive forthwith.

     Third:  By striking out Sec. 11(d) in its entirety

     Fourth:  In Sec. 20, by striking out the figure “242,760,326” where it twice appears and inserting in lieu thereof the figure 242,770,387 and by striking out the figure “79,565,428” and inserting in lieu thereof the figure 79,575,489

     Fifth:  By striking out Sec. 22 in its entirety and inserting in lieu thereof a new Sec. 22 to read as follows:

Sec. 22.  Sec. 101 of No. 215 of the Acts of 2006 is amended to read:

Sec. 101.  Secretary’s office-Global Commitment

          Grants                                                  792,294,238                 809,595,892

     Source of funds

          General fund                                         116,901,768                 124,205,456

          Special funds                                          12,939,662                   14,671,205

          Tobacco fund                                         19,299,711                   19,815,424

          State health care resource fund              153,832,688                 153,832,688

          Catamount fund                                                                             1,657,678

          Federal funds                                        487,041,206                 493,134,238

          Interdepartmental transfer                         2,279,203                     2,279,203

               Total                                               792,294,238                 809,595,892

***

(b)  In addition to the state funds appropriated in this section, a total estimated sum of $35,594,773 $33,133,325 is anticipated to be certified as state matching funds under the Global Commitment as follows:

(1)  $19,536,7351 $17,075,287 certified state match available from local education agencies.  This amount combined with $27,665,633 $24,379,713 of federal funds appropriated in this section equals a total estimated expenditure of $47,202,367 $41,455,000 for eligible special education school-based Medicaid services under the Global Commitment.  An amount equal to the actual amount of the federal matching funds for eligible special education school-based Medicaid services under global commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.

(2)  $1,497,110 certified state match available from local education agencies for eligible services under the Global Commitment provided to students under Section 504 of the Rehabilitation Act of 1973.

(32$7,459,137 $8,956,247 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school-based health services, including school nurses.

(43)  $4,215,210 certified state match available from local education and social service agencies for eligible services provided to students in the success beyond six programs eligible persons through the children’s collaborative services program.

(54)  $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.

(65)  $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.

***

     Sixth:  After Sec. 22, by adding a new section to be numbered Sec. 22a to read as follows:

Sec. 22a.  GLOBAL COMMITMENT APPROPRIATIONS; TRANSFER;  REPORT

(a)  In order to facilitate the end of year closeout for fiscal year 2007, the secretary of the agency of human services, with approval from the secretary of administration, may make transfers among the appropriations authorized for Medicaid and Medicaid-waiver program expenses.  At least three business days prior to any transfer, the agency shall submit a proposal of transfers to be made pursuant to this section to the joint fiscal office.  A final report on all transfers made under this section shall be made to the joint fiscal committee for review at the September 2007 meeting.  The purpose of this section is to provide the agency with limited authority to modify the appropriations to comply with the terms and conditions of the global commitment for health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

     Seventh:  In Sec. 24, by adding a new subsection (c) to read as follows:

     (c)  The director of the office of Vermont health access shall not encumber or expend more than 10 percent of the $3,034,333 allocated in the appropriation above for marketing, outreach and associated internal systems for the Catamount, Medicaid and SCHIP programs until a plan has been reviewed and approved by the commission on health care reform created pursuant to Sec. 277c of No. 71 of the Acts of 2005.  

     Eighth:  By striking out Sec. 25 in its entirety and inserting in lieu thereof a new Sec. 25 to read as follows:

Sec. 25.  Sec. 109 of No. 215 of the Acts of 2006 is amended to read:

Sec. 109.  Office of Vermont health access - Medicaid program – non-Global Commitment long-term care waiver

     Grants                                             172,317 361                 167,782,587

Source of funds

     General fund                                     70,960,289                   69,092,869

     Federal funds                                  101,357,071                   98,689,718

          Total                                           172,317,361                 167,782,587

     (a)  The director of the office of Vermont health access and the commissioner of the department of disabilities, aging and independent living shall provide services to all eligible persons deemed high needs or greater.  The intent of this subsection is that for the remainder of fiscal year 2007 persons who are determined to be high or highest needs and eligible for services under the choices for care waiver shall receive services and not be placed on a waiting list.

     (b)  The director of the office of Vermont health access and the commissioner of the department of disabilities, aging and independent living shall report to the house and senate committees on appropriations by April 1, 2007 with recommendations on:  the methodology to be used for calculating program savings due to the Choices for Care waiver; and a framework for deciding how savings are to be reinvested.

     Ninth:  By striking out Sec. 34 in its entirety and inserting in lieu thereof a new Sec. 34 to read as follows:

Sec. 34.  Sec. 121 of No. 215 of the Acts of 2006 is amended to read:

Sec. 121.  Health – alcohol and drug abuse programs

     Personal services                            9,228,703                      9,216,203

     Operating expenses                         1,130,648                      1,130,648

     Grants                                            20,255,145                   20,267,645

          Total                                          30,779,496                   30,614,496

Source of funds

     General fund                                     3,370,025                     3,294,765

     Special funds                                        195,500                        195,500

     Tobacco fund                                   2,382,834                     2,382,834

     Global Commitment fund   15,235,609             15,777,640

     Federal funds                                    9,445,528                     8,813,757

     Interdepartmental transfer      150,000                  150,000

          Total                                          30,779,496                   30,614,496

* * *

     (g)  In addition to the $345,000 of funds allocated for grants to recovery centers in the above appropriation, $12,500 of funds shall be granted to the Vermont’s recovery center network.

     Tenth:  In Sec. 45, in Sec. 143 of No. 215 of the Acts of 2006, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:

     (a)  In fiscal year 2007, the department for children and families may provide financial assistance and support services to families through solely state funded programs in order to maintain the separate state programs and segregated funds program established in subchapter 3 of chapter 11 of Title 33 and to assist the department in complying with the requirements relating to Temporary Assistance to Needy Families contained in the Deficit Reduction Act of 2005 pending further action by the general assembly.  This section shall not be interpreted to modify the requirements for families receiving services or the programs established in subchapter 3 of chapter 11 of Title 33, but is intended to permit the department flexibility in reporting maintenance-of-effort funds.

(b) In fiscal year 2007, the department for children and families and the department of taxes shall shift the source of funds used for the earned income tax credit from state maintenance of effort funds to temporary assistance to needy families (TANF) funds in order to maximize the state’s use of maintenance of effort funding to achieve compliance with federal law. The state maintenance of effort funds shifted from the earned income tax credit shall be used to replace the TANF funds shifted to that program. This section is not intended to increase funding for either department, but to allow for a shift in the funds source.

     Eleventh:  By striking out Sec. 53 in its entirety and inserting in lieu thereof a new Sec. 53 to read as follows:

Sec. 53.  Sec. 166 of No. 215 of the Acts of 2006 is amended to read:

Sec. 166.  Total human services                     2,334,471,503           2,364,199,280

     Source of funds

          General fund                                            485,036,701              484,632,600

          Special funds                                             55,098,746                57,469,667

          Tobacco fund                                            25,643,048                25,643,048

          Global Commitment fund                         759,799,535              775,567,996

          State health care resource fund                 153,932,688              153,932,688

          Catamount fund                                                                             1,657,678

          Federal funds                                           837,650,659              846,233,750

          Permanent trust funds                                        10,000                       10,000

          Internal service funds                                   3,322,612                  3,322,612

          Interdepartmental transfer                          13,977,514                15,729,241

               Total                                               2,334,471,503           2,364,199,280

     Twelfth:  After Sec. 56, by adding a new section to be numbered Sec. 56a to read as follows:

Sec. 56a.  Sec. 171 of No. 215 of the Acts of 2006 is amended to read:

Sec. 171.  Education - finance and administration

     Personal services                              4,619,254                     4,619,254

     Operating expenses                           1,623,008                     1,687,691

     Grants                                            14,505,600                   14,505,600

               Total                                     20,747,862                   20,812,545

Source of funds

     General fund                                     3,389,969                      3,389,969

     Special funds                                  14,924,219                   14,924,219

     Federal funds                                    1,614,782                     1,614,782

     Global Commitment fund        811,775                  876,458

     Interdepartmental transfer          7,117                       7,117

               Total                                     20,747,862                  20,812,545

***

     Thirteenth:  After Sec. 57, by adding a new section to be numbered Sec. 57a to read as follows:

Sec. 57a.  Sec. 174 of No. 215 of the Acts of 2006 is amended to read:

Sec. 174.  Education - special education: formula grants

     Grants                                            125,280,000                 125,215,000

Source of funds

     Education fund                  125,050,000           125,050,000

     Global Commitment fund          230,000                  165,000

               Total                                     125,280,000                 125,215,000

***

     Fourteenth:  After Sec. 58, by adding two new sections to be numbered Sec. 58a and Sec. 58b to read as follows:

Sec. 58a.  Sec. 177 of No. 215 of the Acts of 2006 is amended to read:

Sec. 177.  Education – adjusted education payment

     Grants                                             1,018,388,625            1,017,888,625

Source of funds

     Education fund                  1,018,388,625 1,017,888,625

* * *

Sec. 58b.  Sec. 180 of No. 215 of the Acts of 2006 is amended to read:

Sec. 180.  Education – small school grants

     Grants                                                       5,360,000           5,618,935

Source of funds

     Education fund                                5,360,000                   5,618,935

     Fifteenth:  In Sec. 60, by striking out the figure “1,778,138,935” where it twice appears and inserting in lieu thereof the figure 1,777,897,553 and by striking out the figure “1,307,222,597” and inserting in lieu thereof the figure 1,306,981,532 and by striking out the figure “1,041,775” and inserting in lieu thereof the figure 1,041,458

     Sixteenth:  In Sec. 74(a), by striking out the word “catagory” and inserting in lieu thereof the word category

     Seventeenth:  In Sec. 90(a)(3), by striking out the words “up to

     Eighteenth:  In Sec. 95, by adding a new subsection (c) to read as follows:

     (c)  The funds appropriated in Sec. 5 of H.213 of 2007 are exempt from the fiscal year 2007 general fund appropriation total used to calculate the five percent budget stabilization requirement for fiscal year 2008 in 32 V.S.A. § 308.

     Nineteenth:  By striking out Sec. 109 in its entirety and inserting in lieu thereof a new Sec. 109 to read as follows:

Sec. 109.  NEXT GENERATION FUND

(a)  Of the total sum transferred from the fiscal year 2007 general fund to the next generation initiative fund, the sum of $1,700,000 is appropriated as follows:

(1)  The sum of $500,000 is appropriated to the agency of commerce and community development for the issuance of Vermont training program grants pursuant to 10 V.S.A. § 531.

(2)  The sum of $500,000 is appropriated to the workforce education and training fund created in Sec. 157a(d) of No. 62 of the Acts of 1999 as amended by Sec. 14 of No. 212 of the Acts of 2006.

(3)  The sum of $500,000 is appropriated to the Vermont student assistance corporation for its nondegree grant program.

(4)  The sum of $200,000 is appropriated to the  Vermont state colleges for scholarships enabling dual enrollment by high school students in college courses.

     And by renumbering all of the sections of the bill to be numerically correct (including internal references) and adjusting all of the totals to be arithmetically correct.

Pending the question Shall the House concur in the Senate proposal of amendment? on motion of Rep. Heath of Westford, action on the bill was postponed until March 13, 2007.

Bill Amended; Third Reading Ordered; Rules Suspended;

Bill Read Third time and Passed

H. 405

Rep. Emmons of Springfield spoke for the committee on Institutions.

Rep. Hutchinson of Randolph, for the committee on Appropriations, to which had been referred House bill, entitled

An act relating to capital construction and state bonding;

Reported in favor of its passage when amended as follows:

First: On page 3, line 10, before the period, by inserting the words “; and approved by the joint fiscal committee

Second:  On page 7, line 8 by striking “$9,320,765” and inserting in lieu thereof “$9,420,765”; on page 8, line 6, by inserting a new subdivision (a)(6) to read:

(6)  $100,000 shall be used to fund the state share of energy performance contracts pursuant to section 3448f  of Title 16.

And on page 8, line 21 by striking “$10,540,765” and inserting in lieu thereof “$10,640,765

Third: On page 15, lines 10 through 16, by striking Sec. 20 and inserting in lieu thereof the following:  [DELETED]

Fourth:  On page 20, by striking Sec. 29 in its entirety and inserting in lieu thereof a new Sec. 29 to read:

Sec. 29.  29  V.S.A. §48 is amended to read:

§ 48. POWERS AND DUTIES OF COUNCIL

(a) The council shall facilitate a process which will result in a recommendation of an artist or artist team for each project selected for installation of artwork.  The artist or artist team shall collaborate with the project architect or design team during the initial design phase of the project.

(b)  Following design of the project, the council shall:

(1) appoint persons to serve on the art selection panel;

(2) establish contract procedures for contracting with artists for works of art and with architects for services related to the planning for the acquisition of works of art;

(3) on the advice of the art selection panel, arrange contracts with artists and order payments from the art acquisition fund for such works of art;

(4) review the final installation and placement of works of art. In the case of works to be commissioned, the art selection panel shall review the design, the final execution and the placement of the commissioned work;

 (5) assist occupant and contracting agencies in locating insurance when it deems such insurance is necessary for the protection of the works of art which are purchased.

(b) (c) Without further appropriation, the council may expend funds transferred to it for administration of this chapter. 

Fifth:  On page 24, line 2, following the words “applications have received” by inserting “all obligated

Sixth:  On page 24, lines 5 through 9 by striking Sec. 36 in its entirety and inserting in lieu thereof a new Sec. 36 to read:

Sec. 36.  COMMISSIONER OF EDUCATION REPORT

On or before January 1, 2008, the commissioner of education shall report to the general assembly on options considered and specific recommendations to address the needs and pressures of school construction, including recommendations for a funding mechanism for state school construction aid and revisions to criteria for school construction project approval.

The bill, having appeared on the Calendar one day for notice, was taken up read the second time, and the report of the committee on Appropriations agreed to.

Pending the question, Shall the bill be read the third time? Rep. Emmons of Springfield moved to amend the bill as follows:

First:  In Sec. 35, on page 23, line 14, by striking “July 1, 2007” and inserting in lieu thereof “March 7, 2007”; and on line 15, following the words “authorized bonds, and” by inserting the word “thereafter

Second:  On page 27, line 3, by inserting a new Sec. 43 to read:

Sec. 43.  STATEHOUSE IMPROVEMENTS

The Friends of the State House is authorized to engage in private fundraising for improvements to the state house in accordance with the conceptual plan dated January 13, 2006.  No state funding shall be used for salaries or fees of fundraisers.  No naming opportunities shall be offered in connection with fundraising efforts. 

and by renumbering the existing Sec. 43 to be Sec. 44

Which was agreed to.

Pending the question, Shall the bill be read the third time? Rep. Klein of East Montpelier moved to amend the bill as follows:

First:  In Sec. 34 on pages 22 and 23, by striking the Section in its entirety and inserting in lieu thereof  the following: [DELETED]

Second:  In Sec. 37 on page 24, by striking the Section in its entirety and inserting in lieu thereof  the following:

Sec. 37.  SCHOOL BUILDING PERFORMANCE CONTRACTS;

               TRANSITIONAL PROVISIONS

     With respect to energy performance contracts entered into under

16 V.S.A. § 3448f, the moratorium on state aid for school construction under Sec. 35 of this act, shall take effect as of February 22, 2007, except for eligible applicants who submitted a written application pursuant to subdivision(f)(1) of that section to the commissioner of education prior to February 22, 2007.

Which was agreed to and third reading was ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage.  The bill was read the third time and passed.

Rules Suspended; Favorable Report; Third Reading Ordered;

Rules Suspended; Bill Read Third Time and Passed in Concurrence

S. 83

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to delinquent tax penalties;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

Rep. Manwaring of Wilmington, for the committee on Appropriations, to which had been referred the bill reported in favor of its passage. 

Thereupon, the bill was read the second time and third reading ordered.

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage.  The bill was read the third time and passed in concurrence.

Rules Suspended; Action on Bill Postponed

H. 72

On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled

An act relating to approval of amendments to the charter of the city of Barre;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

Pending the question, Shall the bill be read the third time? on motion of Rep. Martin of Wolcott, action on the bill was postponed until March 13, 2007.

 

Bills Messaged to Senate Forthwith

On motion of Rep. Adams of Hartland, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

H. 368

House bill, entitled

An act relating to regulation of professions and occupations;

H. 334

House bill, entitled

An act relating to restitution;

H. 405

House bill, entitled

An act relating to capital construction and state bonding;

S. 83

House bill, entitled

An act relating to delinquent tax penalties;

J.R.H. 17

Joint resolution, entitled

Joint resolution relating to legislative approval for purchase of equipment for Amtrak Vermont services.

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. 478

     By Reps. Clarkson of Woodstock, Branagan of Georgia, Deen of Westminster, Dostis of Waterbury, Gervais of Enosburg, Hosford of Waitsfield, Jewett of Ripton, Masland of Thetford, McCullough of Williston, Minter of Waterbury, Smith of Morristown, Winters of Williamstown and Zuckerman of Burlington,

     An act relating to use value appraisal;

     To the committee on Ways and Means.

H. 479

     By Rep. Lorber of Burlington,

     An act relating to funding the wood for the common good program;

     To the committee on Appropriations

H. 480

     By Reps. Koch of Barre Town, Keenan of St. Albans City and Myers of Essex,

     An act relating to gasoline and diesel fuel pricing;

     To the committee on Commerce.

H. 481

     By Rep. Hube of Londonderry,

     An act relating to tobacco products tax;

     To the committee on General, Housing and Military Affairs.

H. 482

     By Reps. Sweaney of Windsor, Acinapura of Brandon, Ainsworth of Royalton, Allard of St. Albans Town, Ancel of Calais, Andrews of Rutland City, Aswad of Burlington, Atkins of Winooski, Audette of S. Burlington, Baker of West Rutland, Barnard of Richmond, Bissonnette of Winooski, Bostic of St. Johnsbury, Botzow of Pownal, Bray of New Haven, Brennan of Colchester, Brooks of Montpelier, Canfield of Fair Haven, Chen of Mendon, Clark of St. Johnsbury, Clark of Vergennes, Clerkin of Hartford, Condon of Colchester, Consejo of Sheldon, Copeland‑Hanzas of Bradford, Corcoran of Bennington, Courcelle of Rutland City, Davis of Washington, Deen of Westminster, Devereux of Mount Holly, Donahue of Northfield, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, Evans of Essex, 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, Hunt of Essex, Hutchinson of Randolph, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Keenan of St. Albans City, Keogh of Burlington, Kilmartin of Newport City, Kitzmiller of Montpelier, Klein of East Montpelier, Krawczyk of Bennington, Kupersmith of S. Burlington, Larocque of Barnet, Larson of Burlington, LaVoie of Swanton, Lawrence of Lyndon, Lenes of Shelburne, Livingston of Manchester, Lorber of Burlington, Maier of Middlebury, Manwaring of Wilmington, Marcotte of Coventry, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCormack of Rutland City, McFaun of Barre Town, Milkey of Brattleboro, Minter of Waterbury, Monti of Barre City, Mook of Bennington, Moran of Wardsboro, Morrissey of Bennington, Mrowicki of Putney, Myers of Essex, Nease of Johnson, O’Donnell of Vernon, Ojibway of Hartford, Otterman of Topsham, Oxholm of Vergennes, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Pugh of S. Burlington, Rodgers of Glover, Scheuermann of Stowe, Shand of Weathersfield, Shaw of Derby, Smith of Morristown, Spengler of Colchester, Sunderland of Rutland Town, Trombley of Grand Isle, Turner of Milton, Valliere of Barre City, Weston of Burlington, Wheeler of Derby, Winters of Williamstown, Wright of Burlington and Zuckerman of Burlington,

     An act relating to full pilot funding;

     To the committee on Ways and Means.

H. 483

     By Reps. Donovan of Burlington and Turner of Milton,

     An act relating to land gains tax exemption for transfer to nonprofit housing organization;

     To the committee on General, Housing and Military Affairs.

H. 484

     By Reps. Donovan of Burlington and Turner of Milton,

     An act relating to expansion of affordable housing income tax credit;

     To the committee on General, Housing and Military Affairs.

H. 485

     By Reps. Donovan of Burlington and Turner of Milton,

     An act relating to reduction of property transfer tax on primary residences;

     To the committee on General, Housing and Military Affairs.

H. 486

     By Reps. Lippert of Hinesburg, Pugh of S. Burlington, Ancel of Calais, Cheney of Norwich, Clarkson of Woodstock, Emmons of Springfield, Evans of Essex, French of Randolph, Grad of Moretown, Hosford of Waitsfield, Hunt of Essex, Jerman of Essex, Larson of Burlington, Myers of Essex, Pellett of Chester, Sweaney of Windsor and Weston of Burlington,

     An act relating to bullying, cyberbullying, and discrimination in schools;

     To the committee on Education.

H. 487

     By Rep. Clarkson of Woodstock,

     An act relating to digital corporation throwback sales;

     To the committee on Ways and Means.

H. 488

     By Rep. LaVoie of Swanton,

     An act relating to town purchase of delinquent properties;

     To the committee on Government Operations.

H. 489

     By Rep. Pellett of Chester,

     An act relating to trailer coach property tax exemption;

     To the committee on Ways and Means.

H. 490

     By Rep. Howard of Rutland City,

     An act relating to income tax credit for redevelopment of blighted or condemned property;

     To the committee on Ways and Means.

H. 491

     By Reps. Morrissey of Bennington, Andrews of Rutland City, Baker of West Rutland, Branagan of Georgia, Brennan of Colchester, Clark of St. Johnsbury, Clark of Vergennes, Corcoran of Bennington, Devereux of Mount Holly, Donaghy of Poultney, Donahue of Northfield, Evans of Essex, Fitzgerald of St. Albans City, Flory of Pittsford, Frank of Underhill, Helm of Castleton, Howrigan of Fairfield, Hube of Londonderry, Krawczyk of Bennington, Larrabee of Danville, LaVoie of Swanton, McAllister of Highgate, Monti of Barre City, Mrowicki of Putney, O’Donnell of Vernon, Potter of Clarendon, Pugh of S. Burlington, Sweaney of Windsor, Trombley of Grand Isle, Turner of Milton and Valliere of Barre City,

     An act relating to giving consumers notice of the right to buy prescriptions from retail pharmacies for the same co-pay as from mail-order pharmacies;

     To the committee on Health Care.

 

H. 492

     By Reps. Hube of Londonderry, Errecart of Shelburne, Westman of Cambridge, Adams of Hartland, Krawczyk of Bennington, Ainsworth of Royalton, Devereux of Mount Holly, Donahue of Northfield, Flory of Pittsford, Koch of Barre Town, Komline of Dorset, LaVoie of Swanton and Scheuermann of Stowe,

     An act relating to repeal of statewide education property tax;

     To the committee on Ways and Means.

H. 493

     By Reps. Fisher of Lincoln and Pugh of South Burlington,

     An act relating to allowing community service providers to buy into the state employees’ health plan;

     To the committee on Government Operations.

H. 494

     By Reps. Bray of New Haven and Jewett of Ripton,

     An act relating to on-site public water supply and wastewater treatment;

     To the committee on Fish, Wildlife and Water Resources.

H. 495

     By Rep. Marek of Newfane,

     An act relating to unfair claim settlement practices rights of action;

     To the committee on Commerce.

H. 496

     By Reps. Deen of Westminster, Leriche of Hardwick and Martin of Wolcott,

     An act relating to penalties for operating a motor vehicle without sufficient liability insurance;

     To the committee on Transportation.

H. 497

     By Reps. Baker of West Rutland, Barnard of Richmond, Ainsworth of Royalton, Brennan of Colchester, Clark of St. Johnsbury, Clark of Vergennes, Devereux of Mount Holly, Donaghy of Poultney, Errecart of Shelburne, Evans of Essex, Flory of Pittsford, Godin of Milton, Howrigan of Fairfield, Kilmartin of Newport City, Komline of Dorset, Larrabee of Danville, Lawrence of Lyndon, Livingston of Manchester, Marcotte of Coventry, Martin of Wolcott, McAllister of Highgate, McDonald of Berlin, Mook of Bennington, Morrissey of Bennington, O'Donnell of Vernon, Oxholm of Vergennes, Shaw of Derby, Sunderland of Rutland Town, Turner of Milton and Valliere of Barre City,

     An act relating to reducing benefits under workers’ compensation;

     To the committee on Commerce.

H. 498

     By Reps. Pearson of Burlington, Aswad of Burlington, Donovan of Burlington, Fisher of Lincoln, Larson of Burlington, Lorber of Burlington, Weston of Burlington and Zuckerman of Burlington,

     An act relating to refund anticipation loans;

     To the committee on Commerce.

H. 499

     By Reps. Orr of Charlotte, Andrews of Rutland City, Courcelle of Rutland City, Donovan of Burlington, Howard of Rutland City and McCormack of Rutland City,

     An act relating to naming the Rutland District and family court building for judge Francis B. McCaffrey;

     To the committee on Institutions.

H. 500

     By Rep. Myers of Essex, Branagan of Georgia, Clarkson of Woodstock, Donovan of Burlington, Evans of Essex, Haas of Rochester, Head of S. Burlington, Jerman of Essex, Lenes of Shelburne, Morrissey of Bennington and Pillsbury of Brattleboro,

     An act relating to child support for education;

     To the committee on Judiciary.

H. 501

     By Rep. Condon of Colchester,

     An act relating to dice in wagering pools;

     To the committee on General, Housing and Military Affairs.

H. 502

     By Reps. Trombley of Grand Isle, Head of South Burlington, Brooks of Montpelier and Moran of Wardsboro,

     An act relating to installation standards for manufactured housing;

     To the committee on General, Housing and Military Affairs.

H. 503

     By Reps. Bray of New Haven, Botzow of Pownal, Emmons of Springfield, Fallar of Tinmouth, Orr of Charlotte and Stevens of Shoreham,

     An act relating to the sale of fireworks;

     To the committee on General, Housing and Military Affairs.

H. 504

     By Reps. Masland of Thetford, Barnard of Richmond, Botzow of Pownal, Cheney of Norwich, Copeland-Hanzas of Bradford, Fisher of Lincoln, McCullough of Williston, Minter of Waterbury and Sharpe of Bristol,

     An act relating to state highway municipal and village zones;

     To the committee on Transportation.

H. 505

     By Rep. Lorber of Burlington,

     An act relating to the procedures for reissuing birth certificates after adoptions or other amendments authorized by court decree;

     To the committee on Judiciary.

H. 506

     By Reps. McAllister of Highgate and Flory of Pittsford,

     An act relating to child neglect and abuse investigation oversight panel;

     To the committee on Human Services.

H. 507

     By Rep. Spengler of Colchester,

     An act relating to the sale of diesel automobiles in Vermont;

     To the committee on Natural Resources and Energy.

H. 508

     By Reps. Spengler of Colchester, Bray of New Haven, Stevens of Shoreham and Zuckerman of Burlington,

     An act relating to a 55-mile-per-hour speed limit on interstate highways;

     To the committee on Transportation.

H. 509

     By Reps. Kupersmith of South Burlington, Audette of South Burlington, Head of South Burlington and Pugh of South Burlington,

     An act relating to financing, improvements, and reappraisal related to tax incentive financing districts;

     To the committee on Ways and Means.

Message from the Senate No. 30

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bills of the following titles:

S. 6.  An act relating to preventing conviction of innocent persons.

S. 7.  An act relating to the compassionate use of marijuana for medical purposes.

S. 77.  An act relating to transferring title to a motor vehicle to a surviving spouse.

S. 78.  An act relating to having the cost of picking up and hauling milk paid by the purchaser.

S. 93.  An act relating to miscellaneous changes to education law.

S. 124.  An act relating to planning and evaluating operations for inpatient psychiatric hospital services.

S. 133.  An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement.

In the passage of which the concurrence of the House is requested.

The Senate has considered a bill originating in the House of the following title:

H. 128.  An act relating to approval of an amendment to the charter of the town of Bradford.

And has passed the same in concurrence.

Message from the Senate No. 31

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

     I am directed to inform the House that the Senate has on its part adopted Senate concurrent resolution of the following title:

     S.C.R. 11.  Senate concurrent resolution honoring Marcia McGlynn for her public service on behalf of the town of Woodbury.

     The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:

     H.C.R. 48.  House concurrent resolution congratulating Ernie Farrar on his 40th anniversary of broadcasting on WVMT radio.

     H.C.R. 49.  House concurrent resolution honoring Carole Lechthaler on her retirement as the outstanding area director of the central region of the Visiting Nurse Association & Hospice of Vermont and New Hampshire.

     H.C.R. 50.  House concurrent resolution honoring Pat Richardson for her dedicated public service in the town of Hartland.

     H.C.R. 51.  House concurrent resolution honoring former Representative and retiring Sergeant-at-Arms Kermit Spaulding of Stowe for his outstanding public service on behalf of all Vermonters.

     H.C.R. 52.  House concurrent resolution honoring the Wallingford Locker and its owners, Paul and Justin Courcelle.

     H.C.R. 53.  House concurrent resolution honoring the community spirit of the Rutland city fire department.

     H.C.R. 54.  House concurrent resolution honoring J. Douglas Webb for his life of community service in the town of Fairfax and in Franklin County.

     H.C.R. 55.  House concurrent resolution in memory of Lance Cpl. Kurt Edward Dechen of Springfield.

     H.C.R. 56.  House concurrent resolution congratulating Jeremy Russo of Rupert on his designation as a national Outstanding Young Farmer semifinalist.

     H.C.R. 57.  House concurrent resolution in memory of John D. Flory Jr.

     H.C.R. 58.  House concurrent resolution honoring Alice Sturgeon for her community service in Georgia.

     H.C.R. 59.  House concurrent resolution honoring Arlo Sterner for his outstanding public service in Lamoille County and in the towns of Morrisville and Wolcott.

     H.C.R. 60.  House concurrent resolution congratulating the Great Falls Regional Chamber of Commerce on its 50th anniversary.

     H.C.R. 61.  House concurrent resolution congratulating Norwich University ice hockey coach Michael McShane on his 500th collegiate victory.

     H.C.R. 62.  House concurrent resolution honoring Mary Lou Raymo for her superb public service in the town of Dover.

Adjournment

At five o’clock  and fifty minutes in the evening, on motion of Rep. Adams of Hartland, the House adjourned until Tuesday, March 13, 2007, at ten o’clock in the forenoon pursuant to J.R.S. 4.

Concurrent Resolutions Adopted

     The following concurrent resolutions, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration  as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence.

H.C.R.  48.

House concurrent resolution congratulating Ernie Farrar on his 40th anniversary of broadcasting on WVMT radio.

H.C.R.  49

House concurrent resolution honoring Carole Lechthaler on her retirement as the outstanding area director of the central region of the Visiting Nurse Association & Hospice of Vermont and New Hampshire.

H.C.R.  50.

House concurrent resolution honoring Pat Richardson for her dedicated public service in the town of Hartland.

H.C.R.  51.

House concurrent resolution honoring former Representative and retiring Sergeant-at-Arms Kermit Spaulding of Stowe for his outstanding public service on behalf of all Vermonters.

H.C.R.  52.

House concurrent resolution honoring the Wallingford Locker and its owners, Paul and Justin Courcelle.

H.C.R.  53.

House concurrent resolution honoring the community spirit of the Rutland city fire department.

H.C.R.  54.

House concurrent resolution honoring J. Douglas Webb for his life of community service in the town of Fairfax and in Franklin County.

H.C.R.  55.

House concurrent resolution in memory of Lance Cpl. Kurt Edward Dechen of Springfield.

H.C.R.  56.

House concurrent resolution congratulating Jeremy Russo of Rupert on his designation as a national Outstanding Young Farmer semifinalist.

H.C.R.  57.

House concurrent resolution in memory of John D. Flory Jr.

H.C.R.  58.

House concurrent resolution honoring Alice Sturgeon for her community service in Georgia.

H.C.R.  59

House concurrent resolution honoring Arlo Sterner for his outstanding public service in Lamoille County and in the towns of Morrisville and Wolcott

H.C.R.  60.

House concurrent resolution congratulating the Great Falls Regional Chamber of Commerce on its 50th anniversary.

H.C.R.  61.

House concurrent resolution congratulating Norwich University ice hockey coach Michael McShane on his 500th collegiate victory.

H.C.R.  62.

House concurrent resolution honoring Mary Lou Raymo for her superb public service in the town of Dover.

S.C.R.  11. 

     Senate concurrent resolution honoring Marcia McGlynn for her public service on behalf of the town of Woodbury.

     [The full text of the concurrent resolutions appeared in the Senate and House Calendar Addendum on the preceding legislative day and will appear in the volume of the Public Acts and Resolves of the 2007, sixty-ninth  Adjourned session]

 



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