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Journal of the House

________________

TUESDAY, APRIL 22, 2008

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

Devotional Exercises

Devotional exercises were conducted by Rabbi Tobie Weisman of the Jewish Learning Center, Montpelier,  Vt.

Pledge of Allegiance

Page Lara Loughlin of Dorset led the House in the Pledge of Allegiance.

Message from the Senate No. 58

     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 bills originating in the House of the following titles:

H. 170.  An act relating to retirees of the University of Vermont.

H. 574.  An act relating to requiring beverage container manufacturers to pay an additional one-half cent per container to retailers who do not commingle containers.

And has passed the same in concurrence.

The Senate has considered bills originating in the House of the following titles:

H. 94.  An act relating to retail sales and taxing specialty beers.

H. 290.  An act relating to underground utility damage prevention system.

H. 306.  An act relating to telemarketing

H. 330.  An act relating to repeal of the law relating to municipal trailer park ordinances.

H. 617.  An act relating to guardianship.

H. 711.  An act relating to agricultural, forestry and horticultural education.

H. 777.  An act relating to the certificate of need program.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 232.  An act relating to mobile polling stations.

S. 291.  An act relating to the farm agronomic practices program at the Agency of Agriculture, Food and Markets.

And has concurred therein.

The Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 240.  An act relating to repealing the sunset of the law enforcement exemption to the social security breach notice act.

S. 290.  An act relating to agricultural water quality financing.

And has concurred therein with an amendment in the passage of which the concurrence of the House is requested.

The Senate has considered House proposal of amendment to Senate bill entitled:

S. 365.  An act relating to capital construction and state bonding.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

The President announced the appointment as members of such Committee on the part of the Senate:

          Senator Scott

          Senator Mazza

          Senator Campbell

Committee of Conference Appointed

H. 635

     Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on House bill, entitled

     An act relating to reports of child abuse or neglect;

     The Speaker appointed as members of the Committee of Conference on the part of the House:

   Rep. Pugh of South Burlington

   Rep. McAllister of Highgate

               Rep. Fisher of Lincoln

Bills Referred to Committee on Ways and Means

Senate bills of the following titles, appearing on the Calendar, affecting the revenue of the state, under the rule, were referred to the Committee on Ways and Means:

S. 297

Senate bill, entitled

An act relating to clarifying the definition of “Stiff Hitch” in the motor vehicle statutes;

S. 350

Senate bill, entitled

An act relating to energy independence and economic prosperity.

Joint Resolution Referred to Committee

J.R.H. 63

Rep. Obuchowski of Rockingham offered a joint resolution, entitled

Joint resolution relating to imminent conversion to digital television and consumers’ costs and knowledge;

Whereas, television transmission in the United States was established in an analog format, and television sets were designed to receive the analog signal, and

Whereas, although the analog transmission system has improved over the decades with the introduction of color television and larger screens, it remains limited in its capacity to transmit a higher quality signal, and

Whereas, technological advances in recent years have resulted in the development of a far more advanced television transmission system known as digital television that enables a television station to transmit either a single high definition signal with audio quality approximating that of a CD and extremely sharp video or several simultaneous standard digital signals that are still technically superior to an analog signal, and

Whereas, digital television uses a different segment of the broadcast spectrum than traditional analog television, and the Federal Communications Commission has assigned new channels for all television stations to broadcast in the digital format, and

Whereas, during the current transitional period, television stations have been transmitting signals in both the digital and analog format, but Congress has enacted legislation terminating analog transmissions effective February 17, 2009, and

Whereas, individuals who own the newer television sets designed to receive the digital channel or who are reliant on satellite reception or a digital cable subscription can continue to receive the signal after the conversion date in February 2009, and

Whereas, the millions of consumers who have not purchased a new digital television and are dependent on the traditional signal for reception, and possibly those persons with an analog cable subscription, will require a separate converter box to receive the digital signal, and

Whereas, Congress realized that converter boxes could pose a major expense for many consumers, especially if they own more than one television, and federal legislation established a converter box coupon program under the auspices of the National Telecommunications and Information Administration, and

Whereas, each household is entitled to two coupons that enables the consumer to receive a $40.00 discount on the price of a single converter box, and

Whereas, although this program does provide some financial assistance to consumers wishing to purchase the new converter boxes, the boxes will continue to remain costly and pose a major economic strain for many consumers, and

Whereas, according to an April 8, 2008, U.S. Senate Committee on Commerce, Science, and Transportation press release, 73 percent of the U.S. population is unaware of the coupon program and 74 percent do not recognize the impact the conversion will have on their television reception, and

Whereas, Congress has imposed this technologically beneficial but individually expensive change on the American people’s primary source of information and entertainment while auctioning off the analog spectrum to the highest corporate bidders for new telecommunications uses, and it is only fair that the converter boxes (with a reasonable limit per household) be made available at no charge to the consumer, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to amend the digital converter box coupon program to remove the consumer cost, to require that analog cable subscribers are not required to pay a surcharge for any necessary technical modifications in the cable transmission, and to better publicize both the program and the impact of the imminent digital television conversion on consumers, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the cable television providers in Vermont, to U.S. Representative Edward Markey, chair of the U.S. House Subcommittee on Telecommunications and the Internet, to U.S. Senator Daniel Inouye, chair of the U.S. Senate Committee on Commerce, Science and Transportation, and to the Vermont congressional delegation.

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

Joint Resolution Referred to Committee

J.R.S. 63

The Speaker placed before the House a joint resolution, entitled

Joint resolution requesting the sustainable agriculture council to establish a locally grown collaborative to coordinate future policy pertaining to local good growth initiatives in Vermont;

     By the Committee on Agriculture,

Whereas, the General Assembly has recognized the importance and benefits of sustainable agriculture for both economic and ecological purposes, and

Whereas, in order to promote sustainable agriculture in the state, the General Assembly has established, pursuant to 6 V.S.A. § 4701(b), a Vermont sustainable agriculture council (the council) with the purposes of facilitating and disseminating research, and promoting the integration of sustainable agriculture practices into farming operations, and

Whereas, the council has recognized that locally grown farm products are integral to the development of sustainable agriculture in Vermont, and it has established a 2008 goal to “increase the direct sale of local farm products by 50% and to increase storage and processing capacity of locally grown farm products by 20% above current levels by 2012,” and

Whereas, although many initiatives in Vermont focus on growing local food products, there is at best only minimal coordination of these activities, and, as separate projects, their overall impact on sustainable agricultural policies and practices in the state cannot be maximized, and

Whereas, improving the communication and coordination among individuals and organizations responsible for and benefiting from locally grown initiatives is in the interest of producers and consumers alike, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly requests that the Vermont sustainable agriculture council establish a locally grown collaborative consisting of individuals and organizations including farmers, nonprofit agricultural organizations, food processers and distributors, academic specialists in the field of agriculture, and consumers interested in Vermont food products, and be it further

Resolved:  That the General Assembly further requests that the council direct the collaborative to provide recommendations on future policy pertaining to local food growth initiatives, and be it further

Resolved:  That the council is requested to direct the collaborative to submit a report of its recommendations on or before December 1, 2008, to the council for its review and inclusion as part of the council’s annual report due by January 15, 2009, and be it further

ResolvedThat the Secretary of State be directed to send a copy of this resolution to the Vermont sustainable agriculture council.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the Committee on Agriculture.

Joint Resolution 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. 64

     By Senators Campbell and Sears,

     Joint resolution in observance of the 2008 National Crime Victims' Rights Week.

Whereas, 2008 marks the 17th annual Vermont commemoration of National Crime Victims’ Rights Week, and

Whereas, all crime victims suffer violation of their persons, property and trust, and over 64,000 crimes were reported to have occurred in Vermont in 2006, and

Whereas, policymakers in Vermont have recognized and embraced the need to empower crime victims and seek to make victims the center of state policy in our criminal and juvenile justice systems, and

Whereas, members of the general public, both in their professional roles as clergy, educators, employers, medical professionals and public servants, and as volunteer community members, work to support and help crime victims and survivors in their recovery, and

Whereas, within Vermont, important public and private partnerships have been forged among criminal and juvenile justice agencies, allied professionals and social service providers to ensure that crime victims are treated with the dignity and respect they deserve, and

Whereas, the victims’ rights movement in Vermont has expanded community‑based efforts to build community while helping victims and survivors rebuild their lives, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly recognizes the courage and selflessness of members of the Vermont Victim/Survivor of Crime Council who have turned personal tragedy into a motivating force to improve the rights and treatment of other victims of crime and build a better, more just community in Vermont and the nation, and be it further

Resolved:  That the General Assembly recognizes the importance of ensuring that crime victims are afforded the greatest possible right to participate in the criminal justice process and encourages efforts to achieve this important goal, both during National Crime Victims’ Rights Week, which will be observed April 13–19, 2008, and throughout the year, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to Judy Rex, executive director of the state of Vermont center for crime victim services in Waterbury.

Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested

H. 709

The Senate proposed to the House to amend House bill, entitled

An act relating to campgrounds;

by adding a new Sec. 3 to read as follows:

Sec. 3.  Chapter 138. Campgrounds is added to Title 9, to read as follows:

Chapter 138. CAMPGROUNDS

§4470.  CAMPGROUNDS; REMOVAL

(a)  Definition.  A recreational campground or camping park is property where transient residence is offered or provided for seasonal or short-term vacation or recreational purposes on which may be located cabins, tents, or lean-tos or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, and van campers.

(b)  An owner, operator, or agent of a recreational campground or camping park may remove or cause to be removed from a recreational campground or camping park any person who does any of the following:

(1)  refuses to pay registration or fees;

(2)  denies others the right to quiet enjoyment of the use of the recreational campground or camping park;

(3)  violates any municipal or state law; or

(4)  violates the published or posted rules of the recreational campground or camping park.

(c)  A person who refuses to immediately leave the property after he or she has been told to do so by the owner, operator, or agent shall be in violation of 13 V.S.A. §3705(a) and may be prosecuted for unlawful trespass.  If any conduct involves the use of a motor vehicle, the person may be prosecuted for any applicable violation of Title 23.  For the purposes of this section, the property on which a campground or camp park is located shall be considered open to the free flow and circulation of traffic.  The person may be removed from the premises by a law enforcement officer on request of the owner, operator, or agent.

(d)  The owner, operator, or agent shall employ reasonable means to protect any personal property left at a campground or camping park by a person who has left or has been removed.  A reasonable storage fee which is published or posted may be charged for any personal property left at the campground or camping park.  If the owner does not take possession of the personal property within six months of the date the property has been left at the campground, the owner, operator or agent may dispose of it in a commercial reasonable manner and then pay to the owner the sale proceeds less any storage and sales fees incurred.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Wright of Burlington moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to.

 

Third Reading; Bills Passed in Concurrence

With Proposals of Amendment

     Senate bills of the following titles were taken up, read the third time and passed in concurrence with proposals of amendment

S. 226

Senate bill, entitled

An act relating to requiring the installation of photoelectric only smoke alarms;

S. 271

Senate bill, entitled

An act relating to child support for children with disabilities;

S. 301

Senate bill, entitled

An act relating to enhancing the penalties for assaulting a law enforcement officer and to the crime of assault with bodily fluids;

 Bill Amended; Third Reading Ordered

H. 892

Rep. Manwaring of Wilmington, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to approval of amendments to the charter of the village of Enosburg Falls;

Reported in favor of its passage when amended as follows:

By adding a new Sec. 13a to read:

Sec. 13a.  STATUTORY REVISION AUTHORITY

The legislative council, pursuant to section 424 of Title 2, is directed to change the spelling of the name of the town of Enosburg to Enosburgh wherever it appears in the Vermont Statutes Annotated, including chapters 115 and 219 of the Title 24 Appendix.

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

Bill Amended; Third Reading Ordered

H. 893

Rep. Devereux of Mount Holly, for the committee on Government Operations, to which had been referred House bill, entitled

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

Reported in favor of its passage when amended as follows:

First:  By adding a Sec. 3a as follows:

Sec. 3a.  24 V.S.A. App. chapter 9, § 34.1 is amended to read:

§ 34.1. Appropriations and expenditures

The board of school commissioners voters of the city shall appropriate such sums necessary annually approve a budget for the use of the schools pursuant to the general laws of the State of Vermont. The board of school commissioners shall not expend any money or incur any debt for any purpose by contract or otherwise beyond the amount of the appropriation made pursuant to the general laws of the State of Vermont approved in the budget, the provisions of section 17.4 of this charter shall apply to the board of school commissioners and any committee or member thereof. Accounts relating to federal and state funds shall be maintained as directed and regulated by state and federal authorized guidelines and shall be subject to audit by the city treasurer.

Second:  In Sec. 4, 24 V.S.A. App. chapter 9, § 34.2, by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) as follows:

(a)  The Rutland City voters authorize the Rutland School commissioners to adopt annual general fund budgets without further voter approval, provided that the actual homestead tax rate in a year does not exceed $0.50 more than the adjusted equalized homestead rate as established by state officials pursuant to applicable law.  The voters of the city shall annually approve a budget for the use of Rutland city schools pursuant to the general laws of the state of Vermont.

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

Proposal of Amendment Agreed to; Third Reading Ordered

S. 107

Rep. Minter of Waterbury, for the committee on Transportation, to which had been referred Senate bill, entitled

An act relating to mapping class four town highways and trails and mass discontinuances of unmapped town highways;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 19 V.S.A. § 302(a)(6)(A) is amended to read:

(A) Unidentified corridors are town highways that:

(i) have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii) do not, as of July 1, 2009 2010, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii) are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv) are not legal trails.

Sec. 2.  19 V.S.A. § 305(h) is amended to read:

(h) Notwithstanding the provisions of subchapter 7 of chapter 7 of this title, on or before July 1, 2009 2010, a municipality's legislative body may vote to discontinue all town highways that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section. For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

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

Proposal of Amendment Agreed to; Third Reading Ordered

S. 201

Rep. McDonald of Berlin, for the committee on Government Operations, to which had been referred Senate bill, entitled

An act relating to state employee whistleblower protection;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

First:  In Sec. 1, 3 V.S.A. § 972(4), after “promotion,” and before “or involuntary transfer” by inserting “imposition of a performance warning period,

Second:  In Sec. 1, 3 V.S.A. § 975(b), in the first sentence, by striking “raises” and inserting in lieu thereof “files”, and by striking “under a grievance procedure or similar process available to the employee” and inserting in lieu thereof “with the Vermont labor relations board

Third:  In Sec. 1, 3 V.S.A. § 975(b), by striking the second sentence in its entirety

Fourth:  In Sec. 1, 3 V.S.A. § 975(c), by striking “raises” and inserting in lieu thereof “files

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

Proposal of Amendment Agreed to; Third Reading Ordered

S. 322

Rep. Bray of New Haven, for the committee on Agriculture, to which had been referred Senate bill, entitled

An act relating to the Vermont Dairy Promotion Council;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS AND INTENT

(a)  The general assembly finds:

(1)  A viable agricultural sector in Vermont represents part of a secure regional food supply, which leads to energy and economic efficiencies.

(2)  The general public is increasingly interested in locally produced food.

(3)  Livestock raised on-farm for meat offers profit potential and economic opportunity for Vermont producers.

(4)  Meat from livestock raised on Vermont farms has an excellent reputation for quality and flavor.

(5)  In recent years, there has been increasing interest in the on-farm slaughter of animals for use by households for economic, ethnic, and humane reasons.

(6)  There are limited options for livestock slaughter in Vermont.

(7)  Historically, meat raised on Vermont farms has been safe and healthy; Vermont’s slaughtering and processing practices have excellent safety records.

(8)  The sustainability of Vermont’s local food systems depends on the relationship between the producer and the consumer.  Key aspects of such successful relationships include the producer’s integrity and the consumer’s interest in and knowledge of how the food is raised, harvested, and processed.

(9)  Community-supported agriculture programs can serve as models for meat producers interested in marketing directly to consumers.

(10)  Raising meat, fruits, and vegetables as close as possible to the kitchens of the end-user minimizes the carbon footprint of the entire food system.

(11)  The dairy promotion council should be required to report annually to the legislature, as well as the governor, on its activities, the amount of money received, and the expenditures thereof.

(b)  It is therefore the intent of the general assembly in enacting this legislation to:

(1)  Assure the continuance of a safe, local food supply.

(2)  Maintain the Vermont meat inspection service’s “at least equal to” status with the federal government’s USDA food safety inspection service.

(3)  Provide for collective ownership of animals raised and slaughtered on Vermont farms where the meat is distributed only to the owners.

(4)  Better understand the rules for building approved slaughter and processing facilities in Vermont and compare Vermont’s meat inspection regulations to other states.

(5)  Determine ways to build cost-effective slaughter and processing facilities and the feasibility of cooperative ownership.

(6)  Promote and encourage growth in Vermont’s livestock industry and the production of meat for local consumption by allowing for more on-farm slaughter and processing of livestock, creating opportunity for the development of more commercial slaughter and processing facilities, and by supporting those currently in the industry.

(7)  Provide more opportunities for Vermont livestock farmers and the supporting slaughter and processing industry to meet the growing demand for animals to be slaughtered and processed by ethnic and religious groups in accordance with their practices and beliefs.

* * * Dairy Promotion Council * * *

Sec. 2.  6 V.S.A. § 2972(b) is amended to read:

(b)  Included among the powers of the council in connection with the enforcement of this chapter are the powers to require reports from any person subject to this chapter; to adopt, rescind, modify, and amend all proper and necessary rules, regulations and orders to administer this chapter, which rules, regulations and orders shall be promulgated by publication in the manner prescribed therefor by the council and shall have the force and effect of law when not inconsistent with existing laws; to administer oaths, subpoena witnesses, take depositions, and certify to official acts; to require any dealer to keep such true and accurate records and to make such reports covering purchases, sales, and receipts of dairy products and related matters as the council deems reasonably necessary for effective administration, which records shall be open to inspection by the secretary of agriculture, food and markets at any reasonable time and as often as may be necessary, but information thus obtained shall not be published or be open to public inspection in any manner revealing any individual dealer’s identity, except as required in proceedings to enforce compliance; to keep accurate books, records, and accounts of all of its dealings, and to make annually a full report of its doings to the house and senate committees on agriculture and the governor, which shall show the amount of money received and the expenditures thereof.  The report shall be submitted annually on or before January 15.  The Vermont agency of agriculture, food and markets shall perform the administrative work of the council as directed by the council.  The council shall reimburse the agency of agriculture, food and markets for the cost of services performed by the agency.

Sec. 3.  LIVESTOCK STUDY

The legislative council shall consult with local producers, the Vermont congressional delegation, the agency of agriculture, food and markets, and the department of education and develop proposals for a Vermont locally produced meat-in-schools program.  The goals shall be to use existing resources to procure locally produced food products processed in Vermont and inspected by the Vermont agency of agriculture, food and markets to bolster the safety of the food in schools while supporting the Vermont agricultural industry.

Sec. 4.    AGENCY OF AGRICULTURE, FOOD AND MARKETS;
             SLAUGHTER ON PREMISES STUDY

In consultation with interested parties the agency of agriculture, food and markets shall study and recommend actions to meet the objectives set forth in Sec. 1(b) of this act.  The results of such study and any actions recommended shall be included in a report to the house and senate committees on agriculture on or before January 15, 2009.

Sec. 5.  6 V.S.A. § 3306(f) is amended to read:

(f)  Itinerant custom slaughterers, who slaughter solely at a person’s home or farm and who do not own, operate or work at a slaughtering plant shall be exempt from the licensing provisions of this section.  An itinerant custom slaughterer may slaughter livestock owned by an individual who has entered into a contract with a person to raise the livestock on the farm where it is intended to be slaughtered.

Sec. 6.  9 V.S.A. § 2465a is added to read:

§ 2465a.  DEFINITION OF LOCAL AND LOCALLY GROWN

For the purposes of this chapter and rules adopted pursuant to subsection 2453(c) of this chapter, “local,” “locally grown,” and any substantially similar term shall mean that the goods being advertised originated within Vermont or 30 miles of the place where they are sold, measured directly, point to point, except that the term “local” may be used in conjunction with a specific geographic location, such as “local to New England,” or a specific mile radius, such as “local–within 100 miles,” as long as the specific geographic location or mile radius appears as prominently as the term “local,” and the representation of origin is accurate.

Sec. 7.  EFFECTIVE DATE

This act shall take effect upon passage, except Sec. 5 which shall take effect April 15, 2009.

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

 

 

 

Proposal of Amendment Agreed to; Third Reading Ordered

S. 372

Rep. Head of South Burlington, for the committee on General, Housing and Military Affairs, to which had been referred Senate bill, entitled

An act relating to evictions, unpaid rent and abandoned property in rental property;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

     First: In Sec. 5. 9 V.S.A. § 4467 by striking subsection (a) and inserting in lieu thereof the following:

(a)  Termination for nonpayment of rent.  Termination for nonpayment of rent.  The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days after the date of the actual notice.  The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date.  A tenant may not defeat a notice to terminate by payment of arrearages more than three times in 12 months. rent due through the end of the rental period in which payment is made or tendered.  A defendant may not defeat an ejectment action based on nonpayment of rent if the landlord has sent a termination notice based on nonpayment of rent more than three times in 12 months, provided the landlord has sent actual notice no earlier than seven calendar days from the date the rent is due for each notice under this section. Acceptance of partial payment of rent shall not constitute a waiver of the landlord’s remedies to commence or continue an ejectment action pursuant to chapter 169 of Title 12 for nonpayment of rent.

     Second:  In Sec. 5.  9 V.S.A. § 4467 by striking subsection (e) and inserting in lieu thereof the following:

(e)  Termination by landlord for no cause under terms of written rental agreement.  If the landlord terminates a tenancy in accordance with the terms of there is a written rental agreement, the notice to terminate for no cause shall be at least 30 days before the end or expiration of the stated term of the rental agreement, if rent is payable on a monthly basis and the tenancy has continued for two years or less. The notice to terminate for no cause shall be at least 60 days the rent is paid on a monthly basis and before the end or expiration of the term of the rental agreement if the tenancy has continued for more than two years.  The If there is a written week-to-week rental agreement, the notice to terminate for no cause shall be at least seven days, if rent is payable on a weekly basis; however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a) of this section.

     Third: By adding two new Secs., Sec. 10 and Sec. 11, to read as follows:

Sec. 10.  20 V.S.A. Part 7A, chapter 181 is added to read:

Chapter 181.  RENtal Housing Safety and Habitability

§ 3201.  LEGISLATIVE PURPOSE AND INTENT

It is the intent of the general assembly to provide for rental housing safety and habitability and to establish a statewide rental housing inspection program and registry to achieve all the following goals:

(1)  Promote the health and safety of the citizens of Vermont.

(2)  Facilitate compliance with existing health and safety standards.

(3)  Provide support to municipal health officers.

(4)  Create a resource for tenants and landlords.

(5)  Enable communities to focus on problem properties.

(6)  Encourage a private sector response to a public health and safety need.

(7)  Reduce fire fatalities.

§ 3202.  SAFE RENTAL HOUSING TASK FORCE

(a)  A safe rental housing task force is created to consist of the following 12 members:

(1)  The director of the division of fire safety or designee.

(2)  The commissioner of the department of health or designee.

(3)  The commissioner of the department of housing and community affairs or designee.

(4)  The attorney general or designee.

(5)  The executive director of the Vermont housing finance agency or designee.

(6)  A representative of commercial landlords.

(7)  A representative of nonprofit landlords.

(8)  A tenant representative.

(9)  A municipal inspection program representative.

(10)  A town health officer from a municipality without an exempt program.

(11)  A regional revolving loan fund representative.

(12)  An architect.

(b)  The speaker of the house and the senate president pro tempore shall appoint members of the task force that are not ex-officio and shall designate a chair.

(c)  Before January 15, 2009, the task force shall:

(1)  Identify information to be gathered for the rental housing registry, develop a questionnaire for rental unit sites and coordinate with existing data collected by the department of health, the department of taxes, the department of housing and community affairs, and the department of public service.

(2)  Develop a simplified rental housing code, to include lead safety, habitability, and basic life safety standards.

(3)  Establish a priority for inspections based on factors including:  the age of the rental unit, a score of the rental units’ self-assessment, and complaints from rental units at the address.

(4)  Develop procedures for scheduled, complaint-based, emergency and time-of-sale inspections, including a time frame and a priority for scheduled inspections.

(5)  Develop standards for licensed rental housing inspectors to include:

(A)  Training standards.

(B)  A code of professional ethics.

(C)  Curriculum outlines and a delivery mechanism.

(6)  Recommend a fee structure necessary and appropriate to implement the inspection program and registry.

(7)  Establish a procedure for issuing a certificate of habitability.

(8)  Develop procedures to assure enforcement and compliance.

(9)  Make recommendations regarding the role of town health officers in regard to safe rental housing in municipalities without an exempt program.

(10)  Develop training and education resources for landlords and tenants, including all the following:

(A)  A rental housing code self-assessment checklist.

(B)  A one‑stop shopping resource for rental unit owners and managers that provides:

(i)  Lead safety, minimum housing habitability, and basic life safety standards available from one site.

(ii)  Coordinated training across disciplines for owners and managers of rental housing units.

(11)  Recommend incentives and develop a process for nonexempt municipalities to establish an inspection program.

(12)  Establish an implementation schedule, to begin July 1, 2009, that includes all the following:

(A)  Training of inspectors and certification by the department of public safety.

(B)  Collection of rental housing information for the registry.

(C)  Collection of fees.

(D)  Commencement of inspections beginning January 1, 2010.

(13)  Recommend staffing levels necessary to establish and maintain the program and provide for enforcement.

(14)  Recommend an appropriation sufficient to fund the certification program, licensing, complaint-driven inspections, enforcement, and the registry.

(15)  Develop a system for coordinating appropriate displacement services.

(16)  Develop a program and identify resources for repair and improvement.

(d)  The task force shall submit a written report on its progress on or before January 15 of each year to the house committee on general, housing and military affairs and the senate committee on economic development, housing and general affairs.

§ 3203.  RENTAL HOUSING SAFETY AND HABITABILITY FUND;

              ESTABLISHED

(a)  A rental housing safety and habitability fund is established in the state treasury for the purpose of creating a statewide rental housing inspection program to be administered by the department of public safety for the purposes of collecting and maintaining data about rental housing units in Vermont and providing education, training, and support to landlords and tenants to assure that the safety and habitability of rental housing are maintained for the benefit of owners, tenants, and communities.  The fund shall provide financing for scheduled, complaint-based, and emergency inspections of rental housing units, the enforcement of orders issued in conjunction with inspections, and enhancing communications among owners, tenants, and compliance personnel.

(b)  Proceeds from fees, grants, donations, contributions, and other sources of revenue that may be provided by statute or by rule may be deposited in the fund.  Interest earned on the fund and any balances remaining at the end of a fiscal year shall be retained in the fund.

§ 3204.  RENTAL HOUSING REGISTRY

The department of public safety in association with the Vermont housing finance agency, the department of health, and the department of housing and community affairs shall manage a database set up by a private contractor to include all rental housing, including rented single-family homes and rental units in owner-occupied multi-family buildings of two or more rental units and excluding vacation homes.

§ 3205.  RENTAL HOUSING SAFETY INSPECTOR LICENSING

               PROGRAM

The department of public safety shall establish and manage a licensing program for rental housing safety inspectors to begin by July 1, 2009.

§ 3206.  RENTAL HOUSING HEALTH AND SAFETY STANDARDS

The department of public safety shall adopt minimum standards that apply to existing rental housing.  The standards shall include life safety, electrical, plumbing, and boiler codes, the rental housing health code, and lead paint requirements.

§ 3207.  RENTAL HOUSING SAFETY INSPECTION PROGRAM

The department of public safety shall establish a cyclical and point-of-sale rental housing safety inspection program beginning January 1, 2010.

(1)  Regular inspections shall be carried out by a licensed rental housing safety inspector under contract with the unit owner to assure units meet the rental housing health and safety standards.

(2)  Complaint-driven inspections shall be carried out by a licensed rental housing safety inspector under contract with the state or the municipality.

§ 3208.  RULES

The department of public safety shall adopt rules to implement the recommendations of the safe rental housing task force to carry out the purposes of this chapter.  The department shall propose such rules no later than

January 15, 2009.

§ 3209.  EXEMPTIONS

Rental housing units subject to the jurisdiction of municipal housing programs organized pursuant to 24 V.S.A. chapter 123 are exempt from the provisions of this chapter.  This chapter shall not be interpreted to limit or decrease the authority of the exempt municipal housing program in regard to building, housing, and fire safety codes.  A municipal program may lose this exemption if the commissioner of public safety determines that any of the following is true:

(1)  The habitability and enforcement criteria, including standards for issuing certificates of habitability, are less stringent than those of the state program.

(2)  Regularly scheduled inspections of the municipal program are less frequent than those of the state program.

(3)  The municipal program permits rental of units that lack a current certificate of habitability.

(4)  Any other aspect of the municipal program is less stringent than the state program.

Sec. 11.  APPROPRIATION

In fiscal year 2009, there is appropriated from the general fund to the department of public safety the amount of $30,000.00 to be used by the department for the purpose of retaining a consultant to assist the safe rental housing task force in carrying out its duties under chapter 181 of Title 20.

The bill, having appeared on the Calendar one day for notice, was taken up and  read the second time.

Rep. Larrabee of Danville asked that the question be divided and the first and second instances of amendment be taken up first.

Thereupon, the recommendation of proposal of amendment in the first and second instances were agreed to.

Rep. Komline of Dorset raised a Point of Order that the third instance of proposal of amendment is in violation of House Rule 77 in that final action on the issue was taken when the House passed H. 863, which Point of Order the Speaker ruled not well taken in that the third recommendation of proposal of amendment is a part of H. 863 which contained many other sections.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on General, Housing and Military Affairs in the third instance? Rep. Donahue of Northfield moved to commit the bill to the committee on Appropriations, which was disagreed to on a Division vote.  Yeas, 35.  Nays, 49.

Rep. Deen of Westminster in Chair.

Thereupon, Rep. Koch of Barre Town raised a Point of Order that the third proposal of amendment of the committee on General, Housing and Military Affairs was not germane to the bill in that the proposal of amendment deals with a registry of rental property and the bill deals with rights of the tenant and eviction procedures, which Point of Order the Speaker ruled not well taken in that both the proposal of amendment and the bill deal with rental properties.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on General, Housing and Military Affairs in the third instance? Rep. Komline of Dorset demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on General, Housing and Military Affairs in the third instance?  was decided in the affirmative.  Yeas, 75.  Nays, 59.

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Donovan of Burlington

Edwards of Brattleboro

Emmons of Springfield

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Perry of Richford

Peterson of Williston

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Sweaney of Windsor

Trombley of Grand Isle

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Acinapura of Brandon

Ainsworth of Royalton

Allard of St. Albans Town

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Corcoran of Bennington

Crawford of Burke

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Evans of Essex

Fallar of Tinmouth

Fitzgerald of St. Albans City

Flory of Pittsford

Grenier of St. Johnsbury

Helm of Castleton

Hube of Londonderry

Johnson of South Hero

Johnson of Canaan

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Lewis of Derby

Livingston of Manchester

Marcotte of Coventry

Martin of Wolcott

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Monti of Barre City

Mook of Bennington

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Potter of Clarendon

Rodgers of Glover

Scheuermann of Stowe

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those members absent with leave of the House and not voting are:


Adams of Hartland

Audette of S. Burlington

Consejo of Sheldon

Dostis of Waterbury

Godin of Milton

Howrigan of Fairfield

Kilmartin of Newport City

Kupersmith of S. Burlington

Morley of Barton

Peltz of Woodbury

Pillsbury of Brattleboro

Spengler of Colchester

Stevens of Shoreham

Symington of Jericho

Weston of Burlington


 

     Rep. Wright of Burlington explained his vote as follows:

“Madam Speaker:

     I vote no with mixed emotions.  While safety is an issue of paramount importance, the division of fire safety opposes the way this is proposed to be implemented.  I also fear that  adding this amendment will imperil the passage of S. 372.”     

     Pending the question, Shall the bill be read a third time? Rep. Jewett of Ripton moved to propose to the Senate to amend the bill as follows:

     First:  By striking Sec. 1 and inserting in lieu thereof the following:
Sec. 1.  9 V.S.A. § 4451(1) is amended to read:

(1)  “Actual notice” means receipt of written notice hand-delivered or mailed to the last known address.  A rebuttable presumption that the notice was received three days after mailing is created if the sending party proves that the notice was sent by first class or certified United States mail.   

     Second:  In Sec. 2 9 V.S.A. § 4461 in subsection (c) by striking the first two sentences and inserting in lieu thereof the following:

A landlord shall return the security deposit along with a written statement itemizing any deductions to a tenant within 14 days from the date on which the landlord discovers that the tenant vacated or abandoned the dwelling unit, with a written statement itemizing any deductions or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date.

     Third:  In Sec. 4, 9 V.S.A. §4465(c) by striking the words “it may be presumed” and inserting in lieu thereof the words “there is a rebuttable presumption

     Fourth:  In Sec. 5. 9 V.S.A. § 4467 by striking subsection (a) and inserting in lieu thereof the following:

(a) Termination for nonpayment of rent. Termination for nonpayment of rent. The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days after the date of the actual notice. The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may not defeat a notice to terminate by payment of arrearages more than three times in 12 months rent due through the end of the rental period in which payment is made or tendered. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent.

      Fifth:  In Sec. 5, 9 V.S.A. §4467(b), by striking subdivision (2) and inserting in lieu thereof the following:

(2)  When termination is based on criminal activity, illegal drug activity, or acts of violence any of which threaten the health or safety of other residents, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 15 days from the date of the actual notice.

     Sixth:  In Sec. 5, 9 V.S.A. §4467, in subsection (i) by striking the first complete sentence and inserting in lieu thereof the following;

All actual notices that are in compliance with this section shall not invalidate any other actual notice and shall be a valid basis for commencing and maintaining an action for possession pursuant to this chapter, chapter 153 of Title 10, chapter 14 of Title 11, or chapter 169 of Title 12, notwithstanding that the notices may be based on different or unrelated grounds, dates of termination, or that the notices are sent at different times prior to or during an ejectment action. 

     Seventh:  In Sec. 5, by adding a new subsection (k) to read as follows:

(k)  A notice to terminate a tenancy shall be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days from the termination date set forth in the notice.

     Eighth:  In Sec.7. 12 V.S.A. §4773 by striking the final sentence and inserting in lieu thereof the following: “A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months.  The 12-month period shall begin on the day the payment is made.”

     Ninth:   In Sec. 8.  12 V.S.A. § 4853a(b), before the final period by adding the words “but shall cease upon execution of a writ of possession

     Which was agreed to and third reading of the bill was ordered.

Recess

At twelve o’clock and forty minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At three o’clock and ten minutes in the afternoon, the Speaker called the House to order.

Joint resolution Amended; Third Reading Ordered

J.R.H. 59

Rep. Clark of Vergennes, for the committee on Education, to which had been referred Joint resolution, entitled

Joint resolution urging secondary school and post secondary educators and administrators to collaborate on accelerated learning opportunities for Vermont high school students;

Reported in favor of its passage when amended as follows:

     By striking the phrase “the UVM administration is” and inserting in lieu thereof “the Vermont State Colleges and the UVM administration are” 

 

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

Joint Resolution Adopted

J.R.H. 62

Joint resolution, entitled

Joint resolution commemorating the observance of 2008 Equal Pay Day;

Was taken up and adopted on the part of the House.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 171

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

An act relating to discharge of a mortgage by an attorney;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  27 V.S.A. § 470 is added to read:

§ 470.  VALIDATION OF MORTGAGE DISCHARGE ON

  ONE-TO-FOUR-FAMILY RESIDENTIAL PROPERTY

(a)  Subject to the provisions of subsection (b) of this section, a mortgage discharge executed on behalf of a banking or lending institution with respect to a mortgage encumbering a one-to-four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that is not valid because it is not executed by or is not issued by or in the name of the record holder of the mortgage, shall be valid as if it had been issued or executed by the record holder of the mortgage if:

(1)  No person has within three years after the discharge is recorded brought an action challenging the validity of the discharge and recorded a copy of the complaint in the land records of the town where the discharge is recorded; and

(2)  An affidavit is recorded that is dated more than three years after the recording date of the mortgage discharge and contains the following:

(A)  A statement that the affiant has been the record owner of the real property described in the mortgage for at least two years prior to the date of the affidavit.

(B)  The recording information for the mortgage, any assignments, and the release.

(C)  A statement that, since the date of the recording of the release, the affiant has received no demand for payment of all or any portion of the debt secured by the mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due or owing.

(D)  A statement that, to the best of the affiant’s knowledge and belief, the mortgage has been paid in full.

(b)  The provisions of this section shall not apply to any release obtained by fraud or forgery.

Sec. 2.  27 V.S.A. § 141 is amended to read:

§ 141.  EXECUTION AND ACKNOWLEDGMENT OF CONVEYANCE

(a)  A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the execution and acknowledgment of such conveyance.  A conveyance thereof, or of an interest therein, not so made and acknowledged, shall be inoperative so far only as relates to the homestead provided for in this chapter.

(b)  When a mortgagee takes an accruing mortgage, the only debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution, and any subsequent direct indebtedness of the mortgagor to such mortgagee; provided, that when the mortgage includes a homestead, the written consent of the wife or husband of the mortgagor to the creation of such subsequent direct indebtedness shall be required.

(c)  If a mortgaged property includes a homestead, any amendment to the mortgage which increases the amount of the indebtedness secured thereby or extends the date of maturity thereof, shall be executed and acknowledged by both spouses.  The failure to obtain the written spousal consent shall not affect the validity or priority of such amendment, but the lien created thereby shall be inoperative so far only as relates to the rights of homestead of such spouse in the mortgaged premises under chapter 3 of this title, provided the amendment is challenged by such spouse before his or her homestead interest is otherwise extinguished.

(d)  Notwithstanding anything to the contrary in this section, a spouse or civil union partner may convey his or her respective homestead interest to the other spouse or civil union partner prior to the time the homestead right vests, thereby divesting the grantor of any homestead interest in the property.  A conveyance of homestead property between spouses or civil union partners shall be deemed to include a conveyance of any homestead interest.  This section shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2008.

Sec. 3.  27 V.S.A. § 348 is amended to read:

§ 348.     INSTRUMENTS CONCERNING REAL PROPERTY LACKING

               STATEMENT OF CONSIDERATION, OR WITNESSES OR                                    ACKNOWLEDGMENTS, VALIDATED

(a)  When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration therefor or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not validly issued or is defective, the instrument shall, from and after the expiration of 15 years from the filing thereof for record, be valid.  Nothing herein shall be construed to affect any rights acquired by grantees, assignees or encumbrancers under the instruments described in the preceding sentence, nor shall this section apply to conveyances or other instruments of writing, the validity of which is brought in question in any suit now pending in any courts of the state.

(b)  Notwithstanding subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property which contains any one or more of the following errors is valid unless, within three years after the instrument is recorded, an action challenging its validity is commenced, and a copy of the complaint is recorded in the land records of the town where the instrument is recorded:

(1)  The instrument contains a defective acknowledgment.

(2)  In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership, or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this state, the instrument designated such entity as the grantor but was signed or acknowledged by an individual in the individual capacity of such person, or fails to disclose the authority of the individual who executes and acknowledges the instrument.

 (3)  The instrument contains an incorrect statement of the date of execution, or contains an execution date or other date that is later than the date of the recording.  In case of such conflict the date of recording prevails.

 (4)  The instrument does not contain a statement of consideration.

(c)  Notwithstanding the provisions of subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property which is executed pursuant to a recorded power of attorney and contains one or more of the following errors or omissions is valid as if it had been executed without the error or omission:

(1)  The instrument was executed by an attorney-in-fact but was signed or acknowledged by the attorney-in-fact without reference to his or her capacity.

(2)  The instrument was executed by an attorney-in-fact but does not reference the power of attorney.

(3)  The power of attorney was effective at the time the instrument was executed but is recorded after the instrument is recorded.

(d)  A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to a one-to-four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, which recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record, shall have the same effect as if executed by the record holder of the mortgage unless, within three years after the instrument is recorded, an action challenging the release, discharge or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded. This subsection shall not apply to releases, discharges, or assignments obtained by fraud or forgery.

Sec. 4.  9 V.S.A. § 4005a is added to read:

§ 4005a.  FUND HELD IN TRUST; COMMINGLING; NO EFFECT ON

                TITLE TO REAL PROPERTY

(a)  For the purposes of this section:

(1)  “Claim” means any valid claim for materials furnished or services rendered in the construction, repair, remodeling, improvement, or renovation of any building or structure for which the claimant has a lien or the right to claim a lien.

(2)  “Express trust” means funds that have been paid by an owner, for or in connection with services, labor, or materials used in an improvement of real property, which are to be held by a contractor or subcontractor, in express trust, for those services, labor, or materials.  Any such contractor or subcontractor who accepts money from any owner or contractor shall become the trustee of the express trust that is created pursuant to this section.  The amounts received by such contractor or subcontractor under or in connection with each building project shall be a separate trust and the contractor or subcontractor, or any successor or assign or both of such contractor or subcontractor that hold such trust funds, shall be a trustee thereof.  These funds are not required to be held in any separate account by a contractor or subcontractor.  Such trust shall be effective against and shall have priority over any unsecured interest of a party seeking payment from such contractor or subcontractor for claims other than those that are due and owing by reason of the specific building project for which the trust was created, whether such creditors are foreign attachment or other judicial lien creditors, a trustee in bankruptcy or similar creditors or representatives or creditors of the contractor or subcontractor.

(b)  Funds held in express trust are not required to be held in any separate account by a contractor or subcontractor.

(c)  No express trust shall be required for a federal, state, or municipal project.

(d)  The amount payable to any contractor or subcontractor under any contract for the construction, repair, remodeling, improvement, or renovation of any building or structure shall, upon receipt by such contractor or subcontractor, be held in express trust by such contractor or subcontractor for the payment of all claims that are due and owing, or to become due and owing, by such contractor or subcontractor by reason of such construction, repair, remodeling, improvement, or renovation.

(e)  Any amount required to be held in express trust under this section shall be applied to the payment of the corresponding claims specified in this section.

(f)  Nothing herein shall be construed to create a lien on real property.  The existence of an express trust under this section shall not prohibit the filing or enforcement of a lien against the affected real property pursuant to chapter 51 of Title 9 by any claimant.  A priority lien of a secured lender shall not be subordinate to an express trust.

(g)  In the case of an express trust which is not held by a corporation, limited liability partnership, or limited liability company, liability for sums due under this section shall only attach to the principal or head of the company which holds the funds under the express trust.

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

Proposal of Amendment Agreed to; Third Reading Ordered

S. 283

Rep. Chen of Mendon, for the committee on Health Care, to which had been referred Senate bill, entitled

An act relating to managed care organizations and the blueprint for health;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 9414(a)(1), (b), and (e) are amended to read:

(a)  The commissioner shall have the power and responsibility to ensure that each managed care organization provides quality health care to its members, in accordance with the provisions of this section.

(1)  In determining whether a managed care organization meets the requirements of this section, the commissioner shall annually review and examine, in accordance with subsection (e) of this section, the organization’s administrative policies and procedures, quality management and improvement procedures, utilization management, credentialing practices, members' rights and responsibilities, preventive health services, medical records practices, grievance and appeal procedures, member services, financial incentives or disincentives, disenrollment, provider contracting, and systems and data reporting capacities.  The commissioner may establish, by rule, specific criteria to be considered under this section.

(b)(1)  A managed care organization shall assure that the health care services provided to members are consistent with prevailing professionally recognized standards of medical practice. 

(2)  A managed care organization shall establish a chronic care program as needed to implement the blueprint for health established in chapter 13 of this title.  The program shall include:

(A)  appropriate benefit plan design;

(B)  informational materials, training, and follow-up necessary to support members and providers; and

(C)  payment reform methodologies.

(3)  Each managed care organization shall have procedures to assure availability, accessibility and continuity of care, and ongoing procedures for the identification, evaluation, resolution, and follow-up of potential and actual problems in its health care administration and delivery.

(e)  The commissioner shall evaluate review a managed care organization's performance under the requirements of this section at least once every three years and more frequently as the commissioner deems proper.  If upon review the commissioner determines that the organization’s performance with respect to one or more requirements warrants further examination, the commissioner shall conduct a comprehensive or targeted examination of the organization’s performance.  The commissioner may designate another organization to conduct any evaluation under this subsection.  Any such independent designee shall have a confidentiality code acceptable to the commissioner, or shall be subject to the confidentiality code adopted by the commissioner under subdivision (f)(3) of this section.  In conducting an evaluation under this subsection, the commissioner or the commissioner's designee shall employ, retain, or contract with persons with expertise in medical quality assurance.

Sec. 2.  8 V.S.A. § 4088f is added to read:

§ 4088f.  HEALTH INSURANCE AND THE BLUEPRINT FOR HEALTH

(a)  A health insurance plan shall be offered, issued, and administered consistent with the blueprint for health established in chapter 13 of Title 18, as determined by the commissioner.

(b)  As used in this section, “health insurance plan” means any individual or group health insurance policy, any hospital or medical service corporation or health maintenance organization subscriber contract, or any other health benefit plan offered, issued, or renewed for any person in this state by a health insurer, as defined in section 9402 of Title 18.  The term shall include the health benefit plan offered by the state of Vermont to its employees and any health benefit plan offered by any agency or instrumentality of the state to its employees.  The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage unless so directed by the commissioner.

Sec. 3.   SUPPORT OF BLUEPRINT integrated early

              implementation PILOT Programs

(a)  As used in this section, “health insurer” means a health insurance company doing business in Vermont whose individual share of the commercially insured Vermont market, as measured by covered lives, comprises at least five percent of the commercially insured Vermont market.

(b)  The blueprint director shall establish a pilot design and evaluation committee to assist with design, implementation, and evaluation of the integrated early implementation pilot programs, as defined in section 7 of No. 71 of the Acts of  2007.  The committee shall:

(1)  work collaboratively with the blueprint director to accomplish the provisions in subsections (c) through (g) of this section; and

(2)  include a representative of each of the participating health insurers; a participating provider from each pilot community; a representative of the Vermont department of health; a representative of the office of Vermont health access; a representative of the department of banking, insurance, securities, and health care administration; a naturopathic physician; a representative of the business community; and a representative of the Vermont Medical Society.

(c)  Implementation of the first pilot program shall begin no later than July 1, 2008.  Implementation of the second pilot program shall begin no later than October 1, 2008.  Implementation of the third pilot program shall begin no later than January 1, 2009.

(d)  No later than May 31, 2008, health insurers and the office of Vermont health access shall commit in writing to participation in the three integrated early implementation pilot projects as described in section 7 of No. 71 of the Acts of 2007 and as further specified by the provisions of this section.  Such commitment shall include agreement to:

(1)  provide financial support for a five-member community care team in each of the three integpilrated early implementation pilot program communities established pursuant to subsection 7(f) of No. 71 of the Acts of 2007.  The department of health, health insurers, and the office of Vermont health access shall each contribute equal shares of such financial support for the community care teams, with the exception that MVP Healthcare shall contribute one half of that share;

(2)  provide financial support for payment reform for providers in practices that are participating as part of the three integrated early implementation pilot programs as referenced in subsections 7(e) and 7(g) of No. 71 of the Acts of 2007;

(3)  provide claims data-sharing for evaluation of the effectiveness of these integrated pilot programs as referenced in subsections 7(c) and 7(e) of Act 71 of No. 71 of the Acts of 2007; and

(4)  actively participate in program design, implementation, and evaluation activities.

(e)  No later than May 31, 2008, the blueprint director shall adopt designs for the financial support models in subdivisions (d)(1) and (d)(2) of this section and for the plan to evaluate healthcare process quality, including targets for key outcomes to be achieved by the pilots.

(f)  By January 1, 2010, as part of the blueprint annual report, the blueprint director shall include a report on integrated pilot program implementation and preliminary evaluation findings.

(g)  No later than six months after the third integrated pilot has completed 12 months of clinical operations, the blueprint director and the pilot design and evaluation committee shall assess whether there is sufficient clinical and financial gain from these types of programs to move forward with statewide implementation.

(1)  The blueprint director shall provide a final evaluation report to the senate committee on health and welfare, the house committee on health care, and the commission on health care reform.

(2)  If evidence supports statewide implementation, the final evaluation report shall include recommendations to achieve this goal.

(h)  If the commissioner of banking, insurance, securities, and health care administration determines that a health insurer is not participating in an adequate and appropriate manner, as determined by the commissioner, in the activities described in this section, the commissioner, in addition to any other remedy or sanction provided for by law, may order the health insurer to participate in such blueprint initiatives and take such other actions as the commissioner determines necessary to carry out the purposes of this section.

Sec. 4.  REPEAL

Sec. 3 of this act, relating to blueprint integrated early implementation pilot programs, shall be repealed on July 1, 2012.

Sec. 5.  18 V.S.A. § 1120 is amended to read:

§ 1120.  DEFINITIONS

As used in this subchapter,:

 

(1)  “Child care facility” means a child care facility or family day care home licensed or registered under chapter 35 of Title 33, unless exempted by rule adopted under section 1123 of this title.

(2)  “school” “School” means a public or independent prekindergarten, kindergarten, elementary or secondary school or any postsecondary school as defined in 16 V.S.A. § 176(b), unless exempted by rule adopted pursuant to section 1123 of this title.

Sec. 6.  18 V.S.A. § 1121 is amended to read:

§ 1121.  IMMUNIZATIONS REQUIRED PRIOR TO ATTENDING

              SCHOOL AND CHILD CARE FACILITIES

(a)  No person may enroll as a student in a Vermont school, regardless of whether the student has been enrolled in the school during a previous school year, unless the appropriate school official has received a record or certificate of immunization issued by a licensed physician health care practitioner or a health clinic that the person has received required immunizations appropriate to age as specified by the Vermont department of health.

(b)  No person may enroll or retain a child in a child care facility, regardless of whether the child has been enrolled in the facility during a previous year, unless the facility has received a record or certificate of immunization issued by a licensed health care practitioner or a health clinic that the child has received required immunizations in the prior 12-month period appropriate to age as specified by the Vermont department of health.

Sec. 7.  18 V.S.A. § 1122 is amended to read:

§ 1122.  EXEMPTIONS

(a)  A person may remain in school or in the child care facility without a required immunization:

(1)  If the person, or in the case of a minor the person’s parent or guardian presents a written statement from a licensed physician health care practitioner, health clinic, or nurse that the person is in the process of being immunized.  The person may continue to attend school or the child care facility as long as the immunization process is being accomplished;

(2)  If a physician health care practitioner, licensed to practice in Vermont, certifies in writing that a specific immunization is or may be detrimental to the person’s health or is not appropriate;

(3)  If the person, or in the case of a minor the person’s parent or guardian states in writing that the person, parent, or guardian has religious beliefs or moral philosophical convictions opposed to immunization.

(b)  The health department may provide by rule for further exemptions to immunization based upon sound medical practice.

Sec. 8.  18 V.S.A. § 1123 is amended to read:

§ 1123.  IMMUNIZATION RULES AND REGULATIONS

The health department shall adopt rules for administering this subchapter.  Such rules shall be developed in consultation with the department of education shall establish rules for administering this subchapter with respect to immunization requirements for Vermont schools, and in consultation with the department for children and families with respect to immunization requirements for child care facilities.  Such rules shall establish which immunizations shall be required and the manner and frequency of their administration, and may provide for exemptions as authorized by this subchapter.

Sec. 9.  18 V.S.A. § 1124 is amended to read:

§ 1124.  ACCESS TO RECORDS

Appropriate health personnel, including school nurses, shall have access to student immunization records of anyone enrolled in Vermont schools or child care facilities, when access is required in the performance of official duties related to the immunizations required by this subchapter.  Access to student immunization records shall only be provided with the prior written consent of parents and students as required by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted thereunder.

Sec. 10.  18 V.S.A. § 1126 is amended to read:

§ 1126.  NONCOMPLIANCE

The school board of each district, or the board of trustees of each independent school, or the chief executive officer of each post-secondary postsecondary school, or the director of each child care facility shall exclude from school or a child care facility any person not otherwise exempted under this subchapter who fails to comply with its provisions.  No person shall be excluded for failure to comply with the provisions of this subchapter unless there has been a notification by the appropriate school or child care facility authority to the person, or in the case of a minor to the person’s parent or guardian of the noncompliance with this subsection, and of their rights under section 1122 of this title.  In the event of exclusion, school officials or the director of the child care facility shall notify the department of health and contact the parents or guardians in an effort to secure compliance with the requirements of this subchapter so that the person may attend school or the child care facility.

Sec. 11.  18 V.S.A. § 1129 is amended to read:

§ 1129.  CHILDHOOD IMMUNIZATION REGISTRY

(a)  A health care provider shall report to the department all data regarding required immunizations of adults and of children under the age of 18 within seven days of the immunization, provided that required reporting of immunizations of adults shall commence within one month after the health care provider has established an electronic health records system and data interface pursuant to the e-health standards developed by the Vermont information technology leaders.  A health insurer shall report to the department all data regarding immunizations of adults and of children under the age of 18 at least quarterly.  The All data required pursuant to this subsection shall be reported in a form required by the department.

(b)  The department may use the data to create a registry of childhood immunizations.  Registry information regarding a particular adult shall be provided, upon request, to the adult, the adult’s health care provider, and the adult’s health insurer.  A minor child’s record also may be provided, upon request, to school nurses, and upon request and with written parental consent, to licensed day care providers, to demonstrate document compliance with Vermont immunization laws.  Registry information regarding a particular child shall be provided, upon request, to the child after the child reaches the age of majority and to the child’s parent, guardian, health insurer, and health care provider.  Registry information shall be kept confidential and privileged and may be shared only in summary, statistical, or other form in which particular individuals are not identified.

Sec. 12.  EFFECTIVE DATE

This act shall take effect July 1, 2008, except that Sec. 3 and this section shall take effect upon passage.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Thereupon, Rep. Donahue of Northfield asked that the question be divided and that Sec. 11 be taken up first.

Pending the question, Shall the House propose to the Senate to amend the bill in Sec. 11, as recommended by the committee on Health Care? Rep. Donahue of Northfield demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill in Sec. 11, as recommended by the committee on Health Care?  was decided in the affirmative.  Yeas, 88. Nays, 46.

 

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Deen of Westminster

Donaghy of Poultney

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gervais of Enosburg

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Spengler of Colchester

Sweaney of Windsor

Wheeler of Derby

Zenie of Colchester


 

Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Andrews of Rutland City

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Crawford of Burke

Davis of Washington

Devereux of Mount Holly

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Gilbert of Fairfax

Grenier of St. Johnsbury

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Johnson of Canaan

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

LaVoie of Swanton

Lawrence of Lyndon

Lewis of Derby

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Morrissey of Bennington

Myers of Essex

Peaslee of Guildhall

Scheuermann of Stowe

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Winters of Williamstown

Wright of Burlington

Zuckerman of Burlington


Those members absent with leave of the House and not voting are:


Aswad of Burlington

Consejo of Sheldon

Kilmartin of Newport City

Koch of Barre Town

Kupersmith of S. Burlington

Larrabee of Danville

Morley of Barton

Otterman of Topsham

Pillsbury of Brattleboro

Randall of Troy

Smith of Morristown

Stevens of Shoreham

Symington of Jericho

Trombley of Grand Isle

Weston of Burlington


 

     Rep. Donahue of Northfield explained her vote as follows:

“Madam Speaker:

     This bill takes yet another step encroaching on the civil liberties of Vermonters by giving them no choice in turning their medical information over to the state.”

     Thereupon, Secs. 1-10 and Sec. 12 were agreed to and third reading ordered.

Favorable Report; Third Reading Ordered

H. 659

Rep. Manwaring of Wilmington, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to approval of the adoption of the charter of the town of Enosburg;

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 313

Rep. Moran of Wardsboro, for the committee on General, Housing and Military Affairs, to which had been referred Senate bill, entitled

An act relating to a license to store and ship wine;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

     By striking Sec. 1 and inserting in lieu thereof the following:

Sec. 1.  7 V.S.A. § 68 is added to read:

§ 68.  VINOUS BEVERAGE STORAGE AND SHIPPING LICENSE

The liquor control board may grant to a person who operates a

climate-controlled storage facility in which vinous beverages owned by another person are stored for a fee a license that allows the licensee to store and transport vinous beverages on which all applicable taxes already have been paid.  A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous manufacturer that has an in-state or out‑of‑state consumer shipping license pursuant to section 66 of this title.  Vinous beverages stored may be transported only for shipment to the owner of the beverages or to another licensed vinous beverage storage facility, and the beverages shall be shipped only by common carrier in compliance with subsection 66(f) of this title.  The licensee shall pay a fee pursuant to subdivision 231(a)(20) of this title.   A license under this section shall be issued pursuant to rules adopted by the board.  A person granted a license pursuant to this section may not sell or resell any vinous beverages stored at the storage facility. 

Rep. Sharpe of Bristol, for the committee on Ways and Means, recommended the bill ought to pass in concurrence when amended as recommended by the committee on General, Housing and Military Affairs.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the report of the committees on General, Housing and Military Affairs and Ways and Means agreed to and third reading ordered.

Favorable Reports; Third Reading Ordered

Senate bills of the following titles were severally reported favorably from the Committees to which they had been referred, and the bills, having appeared on the Calendar one day for notice, were taken up, read the second time and third reading ordered:

S. 89

By Rep. Pellett of Chester, for the committee on Judiciary,

Senate bill, entitled

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

S. 368

By Rep. McCullough of Williston, for the committee on Fish, Wildlife and Water Resources,

Senate bill, entitled

An act relating to the addition of new types of disinfectants to public water systems;

Senate Proposal of Amendment Concurred in

H. 149

     The Senate proposed to the House to amend House bill, entitled

     An act relating to liquor identification and tobacco licenses;

In Sec. 1, 7 V.S.A. § 602, in the first sentence after the words: “operator’s license” by adding the following: , enhanced driver’s license,

     Which proposal of amendment was considered and concurred in.

Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested

H. 615

The Senate proposed to the House to amend House bill, entitled

An act relating to juvenile judicial proceedings;

First:  In Sec. 1, 33 V.S.A. § 5102, in subdivision (5), by adding a second sentence to read:

Any conditions and limitations shall be directed to the individual to whom custody is granted.

and in the same section by adding a new subdivision (28) to read as follows:

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

and by renumbering the remaining subdivision to be numerically correct.

Second:  In Sec. 1, 33 V.S.A. § 5104(a), by striking out the number “19” and inserting in lieu thereof the number 22

Third:  In Sec. 1, 33 V.S.A. § 5108(b), after the first sentence, by adding a (c) so that the second sentence of subsection (b) becomes new subsection (c); and by relettering the remaining subsections of § 5108 to be alphabetically correct.

Fourth:  In Sec. 1, 33 V.S.A. § 5110(b), after the words “work of the court” by adding the following words , including a foster parent or a representative of a residential program where the child resides,

Fifth:  In Sec. 1, 33 V.S.A. § 5114, in subdivision (a)(4), by striking out the word “affection” and inserting in lieu thereof the words emotional support and in subsection (b) by striking out the word “affection” and inserting in lieu thereof the words emotional support

Sixth:  In Sec. 1, 33 V.S.A. § 5115(e) after the words “pursuant to this section who” by adding the word intentionally

Seventh:  In Sec. 1, 33 V.S.A. § 5117, in subdivision (b)(2) by striking out the words “Records and files” and inserting in lieu thereof the word Files and in subsection (c), after the first sentence by adding the following:  Files inspected under this subsection shall be marked:  UNLAWFUL DISSEMINATION OF THIS INFORMATION IS A CRIME PUNISHABLE BY A FINE OF UP TO $2,000.00.

Eighth:  By adding a new Sec. 2 to read as follows:

Sec. 2.  33 V.S.A. chapter 52 is added to read:

Chapter 52.  DELINQUENCY PROCEEDINGS

Subchapter 1.  Commencement of Proceedings

§ 5201.  Commencement of Delinquency Proceedings  

(a)  Proceedings under this chapter shall be commenced by:

(1)  transfer to the court of a proceeding from another court as provided in section 5203 of this title; or

(2)  the filing of a delinquency petition by a state’s attorney.

(b)  If the proceeding is commenced by transfer from another court, no petition need be filed; however, the state’s  attorney shall provide to the court the name and address of the child’s custodial parent, guardian, or custodian and the name and address of any noncustodial parent if known. 

(c)  Consistent with applicable provisions of Title 4, any proceeding concerning a child who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining the age of 14, but not the age of 18, shall originate in district or superior court, provided that jurisdiction may be transferred in accordance with this chapter.

(d)  If the state requests that custody of the child be transferred to the department, a temporary care hearing shall be held as provided in subchapter 3 of this chapter.   

(e)  A petition may be withdrawn by the state’s attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5119 of this title.

§ 5202.  Order of adjudication; noncriminal

(a)(1)  An order of the juvenile court in proceedings under this chapter shall not:

(A)  be deemed a conviction of crime;

(B)  impose any civil disabilities sanctions ordinarily resulting from a conviction; or

(C)  operate to disqualify the child in any civil service application or appointment.

(2)  Notwithstanding subdivision (1) of this subsection, an order of delinquency in proceedings transferred under subsection 5203(b) of this title, where the offense charged in the initial criminal proceedings was a violation of those sections of Title 23 specified in subdivision 801(a)(1), shall be an event in addition to those specified therein, enabling the commissioner of motor vehicles to require proof of financial responsibility under chapter 11 of Title 23.

(b)  The disposition of a child and evidence given in a hearing in a juvenile proceeding shall not be admissible as evidence against the child in any case or proceeding in any other court except after a subsequent conviction of a felony in proceedings to determine the sentence.

§ 5203.  Transfer from other courts

(a)  If it appears to a district court that the defendant was under the age of 16 years at the time the offense charged was alleged to have been committed and the offense charged is not one of those specified in subsection 5204(a) of this title, that court shall forthwith transfer the case to the juvenile court under the authority of this chapter.

(b)  If it appears to a district court that the defendant was over the age of 16 years and under the age of 18 years at the time the offense charged was alleged to have been committed, or that the defendant had attained the age of 14 but not the age of 16 at the time an offense specified in subsection 5204(a) of this title was alleged to have been committed, that court may forthwith transfer the proceeding to the juvenile court under the authority of this chapter, and the minor shall thereupon be considered to be subject to this chapter as a child charged with a delinquent act.

(c)  If it appears to the state’s attorney that the defendant was over the age of 16 and under the age of 18 at the time the offense charged was alleged to have been committed and the offense charged is not an offense specified in subsection 5204(a) of this title, the state’s attorney may file charges in a juvenile court or the district court.  If charges in such a matter are filed in district court, the district court may forthwith transfer the proceeding to the juvenile court under the authority of this chapter, and the person shall thereupon be considered to be subject to this chapter as a child charged with a delinquent act.

(d)  Any such transfer shall include a transfer and delivery of a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case.  Upon any such transfer, that court shall order that the defendant be taken forthwith to a place of detention designated by the juvenile court or to that court itself, or shall release the child to the custody of his or her parent or guardian or other person legally responsible for the child, to be brought before the juvenile court at a time designated by that court.  The juvenile court shall then proceed as provided in this chapter as if a petition alleging delinquency had been filed with the court under section 5223 of this title on the effective date of such transfer.

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

(1)  The defendant enters a plea of guilty or nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules of Criminal Procedure.

(2)  The defendant is amenable to treatment or rehabilitation as a youthful offender.

(3)  Public safety will be secured by treating the defendant as a youthful offender.

§ 5204.  Transfer from juvenile court 

(a)  After a petition has been filed alleging delinquency, upon motion of the state’s attorney and after hearing, the juvenile court may transfer jurisdiction of the proceeding to district court, if the child had attained the age of 10 but not the age of 14 at the time the act was alleged to have occurred, and if the delinquent act set forth in the petition was any of the following:

(1)  arson causing death as defined in 13 V.S.A. § 501;

(2)  assault and robbery with a dangerous weapon as defined in 13 V.S.A. § 608(b);

(3)  assault and robbery causing bodily injury as defined in 13 V.S.A. § 608(c);

(4)  aggravated assault as defined in 13 V.S.A. § 1024;

(5)  murder as defined in 13 V.S.A. § 2301;

(6)  manslaughter as defined in 13 V.S.A. § 2304;

(7)  kidnapping as defined in 13 V.S.A. § 2405;

(8)  unlawful restraint as defined in 13 V.S.A. § 2406 or 2407;

(9)  maiming as defined in 13 V.S.A. § 2701;

(10)  sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2);

(11)  aggravated sexual assault as defined in 13 V.S.A. § 3253; or

(12)  burglary into an occupied dwelling as defined in 13 V.S.A. § 1201(c).

(b)  The state’s attorney of the county where the juvenile petition is pending may move in the juvenile court for an order transferring jurisdiction under subsection (a) of this section within ten days of the filing of the petition alleging delinquency.  The filing of the motion to transfer jurisdiction shall automatically stay the time for the hearing provided for in section 5225 of this title, which stay shall remain in effect until such time as the juvenile court may deny the motion to transfer jurisdiction.

(c)  Upon the filing of a motion to transfer jurisdiction under subsection (b) of this section, the juvenile court shall conduct a hearing in accordance with procedures specified in subchapter 2 of this chapter to determine whether:

(1)  there is probable cause to believe that the child committed an act listed in subsection (a) of this section; and

(2)  public safety and the interests of the community would not be served by treatment of the child under the provisions of law relating to juvenile courts and delinquent children.

(d)  In making its determination as required under subsection (c) of this section, the court may consider, among other matters:

(1)  The maturity of the child as determined by consideration of his or her age, home, environment; emotional, psychological and physical maturity; and relationship with and adjustment to school and the community.

(2)  The extent and nature of the child’s prior record of delinquency.

(3)  The nature of past treatment efforts and the nature of the child’s response to them.

(4)  Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner.

(5)  The nature of any personal injuries resulting from or intended to be caused by the alleged act.

(6)  The prospects for rehabilitation of the child by use of procedures, services, and facilities available through juvenile proceedings.

(7)  Whether the protection of the community would be better served by transferring jurisdiction from the juvenile court to the district court.

(e)  A transfer under this section shall terminate the jurisdiction of the juvenile court over the child only with respect to those delinquent acts alleged in the petition with respect to which transfer was sought.

(f)  The juvenile court, following completion of the transfer hearing, shall make written findings and, if the court orders transfer of jurisdiction from the juvenile court, shall state the reasons for that order.  If the juvenile court orders transfer of jurisdiction, the child shall be treated as an adult.  The state’s attorney shall commence criminal proceedings as in cases commenced against adults.

(g)  The order granting or denying transfer of jurisdiction shall not constitute a final judgment or order within the meaning of Rules 3 and 4 of the Vermont Rules of Appellate Procedure.

(h)  If a person who has not attained the age of 16 at the time of the alleged offense has been prosecuted as an adult and is not convicted of one of the acts listed in subsection (a) of this section but is convicted only of one or more lesser offenses, jurisdiction shall be transferred to the juvenile court for disposition.  A conviction under this subsection shall be considered an adjudication of delinquency and not a conviction of crime, and the entire matter shall be treated as if it had remained in juvenile court throughout.  In case of an acquittal for a matter specified in this subsection and in case of a transfer to juvenile court under this subsection, the court shall order the sealing of all applicable files and records of the court, and such order shall be carried out as provided in subsection 5119(e) of this title.

(i)  The record of a hearing conducted under subsection (c) of this section and any related files shall be open to inspection only by persons specified in subsections 5117(b) and (c) of this title in accordance with section 5119 of this title and by the attorney for the child.

§ 5205.  Fingerprints; photographs

(a)  Fingerprint files of a child under the jurisdiction of the court shall be kept separate from those of other persons under special security measures limited to inspection by law enforcement officers only on a need-to-know basis unless otherwise authorized by the court in individual cases.

(b)  Copies of fingerprints shall be maintained on a local basis only and not sent to central state or federal depositories except in national security cases.

(c)  Fingerprints of persons under the jurisdiction of the court shall be removed and destroyed when:

(1)  the petition alleging delinquency with respect to which such fingerprints were taken does not result in an adjudication of delinquency; or

(2)  jurisdiction of the court is terminated, provided that there has been no record of a criminal offense by the child after reaching 16 years of age.

(d)  If latent prints are found at the scene of an offense and there is reason to believe that a particular child was involved, the child may be fingerprinted for purposes of immediate comparison, and, if the result is negative, the fingerprint card shall be immediately destroyed.

(e)  No photograph shall be taken of any child when taken into custody without the consent of the judge unless the case is transferred for criminal proceeding.

(f)  A person who violates this section shall be imprisoned not more than six months or fined not more than $500.00, or both.

Subchapter 2.  Petition, Merits, and Disposition

§ 5221.   Citation and Notice to Appear at Preliminary                                           Hearing 

(a)  Citation.  If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.

(b)  Appearance in court.  A child who receives a citation described in this section shall appear at the court designated in the citation at the time and date specified in the citation unless otherwise notified by the court.

(c)  Notice to parent.  The officer who issues the citation shall also issue or cause to be issued a notice to the child’s parent, guardian, or custodian.  The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child.

(d)  Form.  The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place.  The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney.

(e)  Filing of citation.  The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the state’s attorney.

§ 5222.  Petition; contents

(a)  The petition shall be supported by an affidavit as to probable cause.   The petition shall contain the following:

(1)  A concise statement of the facts which support the conclusion that the child has committed a delinquent act, together with a statement that it is in the best interests of the child that the proceedings be brought.

(2)  The name, date of birth, telephone number, and residence address, if known, of the child and the custodial and noncustodial parents or the guardian or custodian of the child, if other than parent.   If a parent is a participant in the Safe At Home Program pursuant to 15 V.S.A. § 1152, the petition shall so specify.

(b)  If a temporary care order has been issued or the state is requesting that custody be transferred to the commissioner, the petition shall contain jurisdictional information as required by the Uniform Child Custody Jurisdiction Act, 15 V.S.A. § 1032 et seq.

(c)  A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision, and a child who has been adjudged a delinquent child as a result of a delinquency petition may not be subsequently adjudged a child in need of care or supervision, unless a separate petition alleging that the child is in need of care or supervision is filed.

§ 5223.  Filing of Petition 

(a)  When notice to the child is provided by citation, the state’s attorney shall file the petition and supporting affidavit at least ten days prior to the date for the preliminary hearing specified in the citation.

(b)  The court shall send or deliver a copy of the petition and affidavit to all persons required to receive notice as soon as possible after the petition is filed and at least five days prior to the date set for the preliminary hearing..

§ 5224.   Failure to Appear at Preliminary Hearing  

If a child or parent fails to appear at the preliminary hearing as directed by a citation, the court may issue a summons to appear, an order to have the child brought to court, or a warrant as provided in section 5108 of this title.

§ 5225.  Preliminary Hearing  

(a)  A preliminary hearing shall be held at the time and date specified on the citation or as otherwise ordered by the court.  If a child is taken into custody prior to the preliminary hearing, the preliminary hearing shall be at the time of the temporary care hearing. 

(b)  Counsel for the child shall be assigned prior to the preliminary hearing. 

(c)  At the preliminary hearing, the court shall appoint a guardian ad litem for the child.  The guardian ad litem may be the child’s parent.  On its own motion or motion by the child’s attorney, the court may appoint a guardian ad litem other than a parent. 

(d)  At the preliminary hearing, a denial shall be entered to the allegations of the petition, unless the juvenile, after adequate consultation with the guardian ad litem and counsel, enters an admission.

(e)  The court may order the child to abide by conditions of release pending a merits or disposition hearing.

§ 5226.  Notification of conditions of release to victim in delinquency proceedings

A victim in a delinquency proceeding based on a listed crime shall be notified promptly by the prosecutor’s office when conditions of release are initially ordered or modified by the court and of the identity of the child when the conditions of release relate to the victim or a member of the victim’s family or current household.  A victim in a delinquency proceeding based on an act that is not a listed crime shall be notified promptly by the court when conditions of release are initially ordered or modified by the court and shall be notified promptly of the identity of the child when the conditions of release relate to the victim or a member of the victim’s family or current household.  Victims are entitled only to information contained in the conditions of release that pertain to the victim or a member of the victim’s family or current household.

§ 5227.  Timelines for pretrial and merits hearing  

(a)  Pre-trial hearing.  At the preliminary hearing, the court shall set a date for a pretrial hearing on the petition.  The pretrial hearing shall be held within 15 days of the preliminary hearing.  In the event there is no admission or dismissal at the pretrial hearing, the court shall set the matter for a hearing to adjudicate the merits of the petition.

(b)  Merits hearing.  Except for good cause shown, a merits hearing shall be held and merits adjudicated no later than 60 days from the date of the preliminary hearing.

§ 5228.  Constitutional Protections for a Child in Delinquency Proceedings

A child charged with a delinquent act need not be a witness against, nor otherwise incriminate, himself or herself.  Any extrajudicial statement, if constitutionally inadmissible in a criminal proceeding, shall not be used against the child.  Evidence illegally seized or obtained shall not be used over objection to establish the charge against the child.  A confession out of court is insufficient to support an adjudication of delinquency unless corroborated in whole or in part by other substantial evidence.

§ 5229.  Merits Adjudication  

(a)  The parties at a merits hearing in a delinquency proceeding shall be limited to the state’s attorney and the child who is the subject of the petition.  A merits adjudication hearing shall not proceed forward unless the child who is the subject of the delinquency petition is present in court.  

(b)  The state shall have the burden of establishing beyond a reasonable doubt that the child has committed a delinquent act. 

(c)  If the child who is the subject of the delinquency petition enters an admission to the petition, the court shall not accept the admission without first addressing the child personally in open court and determining that:

(1)  the plea is voluntary;

(2)  the child understands the nature of the delinquent act charged, the right to contest the charge, and the rights which will be waived if the admission is accepted by the court; and

(3)  there is a factual basis for the delinquent act charged in the petition.

(d)  A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence. 

(e)  If the merits are contested, the court, after hearing the evidence, shall make its findings on the record. 

(f)  If the court finds that the allegations made in the petition have not been established beyond a reasonable doubt, the court shall dismiss the petition and vacate any orders transferring custody to the state or other person or any conditional custody orders.

(g)  If, based on the child’s admission or the evidence presented, the court finds beyond a reasonable doubt that the child has committed a delinquent act, the court shall order the department to prepare a disposition case plan within 28 days of the merits adjudication and shall set the matter for a disposition hearing.  In no event, shall a disposition hearing be held later than 35 days after a finding that a child is delinquent.

(h)  The court may proceed directly to disposition providing that the child, the custodial parent, the state’s attorney, and the department agree.

§ 5230.  Disposition Case Plan

(a)  Filing of case plan.  The department shall file a disposition case plan no later than 28 days from the date of the finding by the court that a child is delinquent.  The disposition case plan shall not be used or referred to as evidence prior to a finding that a child is delinquent.

(b)  Content of case plan.  A disposition case plan shall include, as appropriate:

(1)  An assessment of the child’s medical, psychological, social, educational, and vocational needs.

(2)  An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim.

(3)  A description of the child’s home, school, community, and current living situation.

(4)  An assessment of the child’s and family’s strengths and risk factors.

(5)  Proposed conditions of probation which address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community.  Proposed conditions may include a recommendation as to the term of probation. 

(6)  The plan of services shall describe the responsibilities of the child, the parents, the department, other family members, and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the department, the permanency goal.

(c)  Case plan for child in custody.  If a child is in the custody of the commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information:

(1)  A permanency goal if the child is in custody.  The long-term goal for a child found to be delinquent and placed in the custody of the department is a safe and permanent home.  A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal.  The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement.  In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.

(2)  A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate.

(3)  A request for child support if the child has been placed in the custody of the department or the department recommends a transfer of custody.

§ 5231.  Disposition Hearing

(a)  Timeline.  A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent.

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

(c)  Standard of proof.  If the court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing.  On all other issues, the standard of proof shall be a preponderance of the evidence. 

(d)  Termination of parental rights.  If the commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title.

(e)  Further hearing.  On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case.  The court shall make an appropriate order for the temporary care of the child pending a final disposition order.  The court shall give scheduling priority to cases in which the child has been removed from the home.

§ 5232.  Disposition Order 

(a)  If a child is found to be a delinquent child, the court shall make such orders at disposition as may provide for:

(1)  the child’s supervision, care, and rehabilitation;

(2)  the protection of the community;

(3)  accountability to victims and the community for offenses committed; and

(4)  the development of competencies to enable the child to become a responsible and productive member of the community. 

(b)  In carrying out the purposes outlined in subsection (a) of this section, the court may:

(1)  Place the child on probation subject to the supervision of the commissioner, upon such conditions as the court may prescribe.  The length of probation shall be as prescribed by the court or until further order of the court.

(2)  Order custody of the child be given to the custodial parent, guardian, or custodian.  For a fixed period of time following disposition, the court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and the community.   Conditions may include protective supervision for up to one year following the disposition order unless further extended by court order.    The court shall schedule regular review hearings to determine whether the conditions continue to be necessary.

(3)  Transfer custody of the child to a noncustodial parent, relative, or person with a significant connection to the child.

(4)  Transfer custody of the child to the commissioner.

(5)  Terminate parental rights and transfer custody and guardianship to the department without limitation as to adoption.

(c)  If the court orders the transfer of custody of the child pursuant to subdivisions (b)(4) and (5) of this section, the court shall establish a permanency goal for the child and adopt a case plan prepared by the department designed to achieve the permanency goal.  If the court determines that the plan proposed by the department does not adequately support the permanency goal for the child, the court may reject the plan proposed by the department and order the department to prepare and submit a revised plan for court approval.

§ 5233.  Victim’s statement at disposition proceeding; victim notification

(a)  Upon the filing of a delinquency petition, the court shall notify a victim of his or her rights as provided by law and his or her responsibilities regarding the confidential nature of juvenile proceedings.

(b)  A victim of a delinquent act has the right in a disposition proceeding to file with the court a written or recorded statement of the impact of the delinquent act on the victim and the need for restitution.  A victim of a delinquent act involving a listed crime also has the right to be present at the disposition hearing for the sole purpose of presenting to the court the impact of the delinquent act on the victim and the need for restitution.  A victim of a delinquent act that is not a listed crime may be present at the disposition hearing for the sole purpose of presenting to the court the impact of the delinquent act on the victim and the need for restitution if the court finds that the victim’s presence at the disposition hearing is in the best interests of the child and the victim.  The court shall take a victim’s views into consideration in the court’s disposition order.  A victim shall not be allowed to be personally present at any portion of the disposition hearing except to present the impact statement unless authorized by the court.

(c)  After an adjudication of delinquency has been made involving an act that is not a listed crime, the court shall inform the victim of the disposition of the case.  Upon request of the victim, the court may release to the victim the identity of the child if the court finds that release of the child’s identity to the victim is in the best interests of both the child and the victim.

(d)  After an adjudication of delinquency has been made involving an act that is a listed crime, the state’s attorney’s office shall inform the victim of the disposition in the case.  Upon request of the victim, the state’s attorney’s  office shall release to the victim the identity of the child. 

(e)  For the purposes of this section, disposition in the case shall include whether the child was placed on probation and information regarding conditions of probation relevant to the victim.

§ 5234.  Rights of victims in delinquency proceedings involving a  listed crime

The victim in a delinquency proceeding involving a listed crime shall have the following rights:

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

(2)  To be notified by the prosecutor’s office as to whether delinquency has been found and disposition has occurred, including any conditions or restitution relevant to the victim.

(3)  To present a victim’s impact statement at the disposition hearing in accordance with subsection 5233(b) of this title and to be notified as to the disposition pursuant to subsection 5233(d) of this title.

(4)  Upon request, to be notified by the agency having custody of the delinquent child before he or she is discharged from a secure or staff-secured residential facility. The name of the facility shall not be disclosed.  An agency’s inability to give notification shall not preclude the release.  However, in such an event, the agency shall take reasonable steps to give notification of the release as soon thereafter as practicable.  Notification efforts shall be deemed reasonable if the agency attempts to contact the victim at the address or telephone number provided to the agency in the request for notification.

(5)  To obtain the name of the child in accordance with sections 5226 and 5233 of this title.

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

§ 5235.  JUVENILE RESTITUTION

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

(b)  When ordered, restitution may include:

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

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

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

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

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

(1)  the juvenile’s name and address;

(2)  the name of the victim;

(3)  the amount ordered; and

(4)  any co-defendant names if applicable.

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

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

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

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

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

(j)  In accordance with 13 V.S.A. § 5363, the restitution unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008, and the order was first entered on or after July 1, 2004.

Subchapter 3.  Children in Custody

§ 5251.  Taking into custody

A child may be taken into custody by an officer:

(1)  pursuant to the laws of arrest of this state;

(2)  pursuant to an order of the court under the provisions of this chapter and chapters 52 and 53 of this title; or

(3)  when the officer has reasonable grounds to believe that the child has committed a delinquent act; and that the child’s immediate welfare or the protection of the community, or both, require the child’s removal from the child’s current home.   

§ 5252.  Request for Emergency Care Order 

(a)  If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child’s parents, guardian, or custodian and release the child to the care of child’s parent, guardian, or custodian unless the officer determines that the child’s immediate welfare or the protection of the community, or both, require the child’s continued removal from the home.

(b)  If the officer determines that the child’s immediate welfare, the protection of the community, or both, require the child’s continued removal from the home, the officer shall:

(1)  Take the child into custody pending either issuance of an emergency care order or direction from the state’s attorney to release the child.

(2)  Prepare an affidavit in support of a request for an emergency care order.  The affidavit shall include the reasons for taking the child into custody and, if known, placements with which the child is familiar, the names, addresses, and phone numbers of the child’s parents, guardians, or custodians, and the name, address, and phone number of any relative who has indicated an interest in taking temporary custody of the child.  The officer shall contact the department, and, if the department has knowledge of the reasons for the removal of the child, the department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer.

(3)  Provide the affidavit to the state’s attorney. 

(c)  If the child is taken into custody during regular court hours, the state’s attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child’s parent, guardian, or custodian.    If the child is taken into custody after regular court hours or on a weekend or holiday, the state’s attorney or officer shall contact a judge to request an emergency care order or return the child to the child’s parent, guardian, or custodian.  If an order is granted, the state’s attorney shall file the supporting affidavit with the family court on the next day that the court is open.  

(d)  If the judge denies a request for an emergency care order, the state’s attorney shall direct the immediate return of the child to the child’s custodial parent, guardian, or custodian.    

§ 5253.  Emergency Care Order; CONDITIONAL CUSTODY ORDER

(a)(1)  Transfer of temporary custody.  The court may issue an emergency care order transferring temporary custody of the child to the department pending a temporary care hearing if the court determines that:

(A)  there is probable cause that the child has committed a delinquent act; and

(B)  continued residence in the home is contrary to the child’s welfare because:

(i)  the child cannot be controlled at home and is at risk of harm to self or others; or

(ii)  continued residence in the home will not safeguard the

well-being of the child and the safety of the community because of the serious and dangerous nature of the act the juvenile is alleged to have committed. 

(2)  The determination may be made without hearing or notice to the custodial parent, guardian, or custodian, provided that it is reasonably supported by the affidavit prepared in accordance with subsection 5152(b) of this title. 

(b)  Contents of emergency care order.  The emergency care order shall contain:  

(1)  A written finding that the child’s continued residence in the home is contrary to the child’s welfare and the factual allegations that support that finding.

(2)  The date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title.

(3)  Notice of a parent’s right to counsel at the temporary care hearing.

(c)  Conditional custody order.  If the court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian, the court may deny the request for an emergency care order and issue an emergency conditional custody order.  The order shall contain:

(1)  Conditions and limitations necessary to protect the child, the community, or both.

(2)  The date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title.

(3)  Notice of a parent’s right to counsel at the hearing. 

§ 5254.  Notice of Emergency Care Order and Temporary Care Hearing

(a)  Notice to custodial parent.  An officer shall deliver a copy of the emergency care order or conditional custody order to the parent, guardian, or custodian of the child.  If delivery cannot be made in a timely manner, the officer shall otherwise notify the parent, guardian or custodian or cause them to be notified of the order, the date, time, and place of the temporary care hearing, and the parent’s right to counsel.  If the custodial parent, guardian, or custodian cannot be located, the officer shall so certify to the court in an affidavit describing the efforts made to locate the parent, guardian, or custodian.

(b)  Notice to noncustodial parent.  The department shall make reasonable efforts to locate any noncustodial parent and provide the noncustodial parent with notice of the date, hour, and place of the temporary care hearing and of the right to counsel.

(c)  Notice to other parties.  The court shall notify the following persons of the date and time of the temporary care hearing:

(1)  The state’s attorney.

(2)  The department.

(3)  An attorney to represent the child.

(4)  A guardian ad litem for the child.

(5)  An attorney to represent the custodial parent. 

§ 5255.  Temporary Care Hearing     

(a)  A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5253 of this title.  State holidays shall be excluded from the computation of 72 hours.  If the custodial parent, guardian, or custodian has not been notified in accordance with section 5254 of this title and does not appear or waive appearance at the temporary care hearing and files thereafter with the court an affidavit so showing, the court shall hold another temporary care hearing within one business day of the filing of the affidavit as if no temporary care hearing had theretofore been held.

(b)  If the state’s attorney is seeking a temporary care order, the state’s attorney shall file a petition on or before the temporary care hearing.  If the state’s attorney elects not to file a petition, the state’s attorney shall so notify the court and the court shall vacate any emergency orders.

(c)  The following persons shall be present at the temporary care hearing:

(1)  The child.

(2)  The child’s custodial parent, guardian, or custodian, unless he or she cannot be located or fails to appear in response to notice.

(3)  The child’s guardian ad litem.

(4)  An attorney for the child.

(5)  An attorney for the custodial parent, if requested.

(6)  A representative of the department.

(7)  The state’s attorney.

(d)   A noncustodial parent shall have the right to be present at the hearing.  The hearing shall not be delayed by reason of the inability of the department to locate the noncustodial parent. 

(e)  The department shall provide the following information to the court at the hearing:

(1)  Any reasons for the child’s removal which are not set forth in the affidavit required pursuant to section 5252 of this title.

(2)  Services, if any, provided to the child and the family in an effort to prevent removal.

(3)  The need, if any, for continued custody of the child with the department pending a hearing to adjudicate the merits of the petition.

(4)  Services which could facilitate the return of the child to the custody of the parent or guardian.

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

(B)  With respect to any person whom the department identifies pursuant to this subdivision, the department shall conduct an assessment of the suitability of the person to care for the child.  The assessment shall include consideration of the person’s ability to care for the child’s needs, a criminal history record as defined in 20 V.S.A. § 2056a(a)(1) in accordance with subdivision (5)(C) of this subsection, and a check of allegations of prior child abuse or neglect by the person or by other adults in the person’s home.  The court may continue the hearing if necessary to permit the department to complete the assessment.

(C)  The department shall request from the Vermont criminal information center criminal history record information for any person being considered to assume temporary legal custody of the child pursuant to this subdivision.  The request shall be in writing and shall be accompanied by a release signed by the person.  The department through the Vermont criminal information center shall request criminal history record information from the appropriate state criminal repositories in all states in which it has reason to believe the person has resided or been employed.  If no disqualifying record is identified at the state level, the department through the Vermont criminal information center shall request from the Federal Bureau of Investigation a national criminal history record check of the person's criminal history.  The request to the FBI shall be accompanied by a set of the person's fingerprints and a fee established by the Vermont criminal information center.  The Vermont criminal information center shall send the department the criminal history record from any state repository and the FBI of a person about whom a request is made under this subdivision or inform the department that no record exists.  The department shall promptly provide a copy of the criminal history record, if any, to the person and shall inform the person that he or she has the right to appeal the accuracy and completeness of the record through the Vermont criminal information center.  Upon completion of the process under this subdivision, the person's fingerprint card shall be destroyed.

(6)  Additional information as required by the Uniform Child Custody Jurisdiction Act pursuant to 15 V.S.A. § 1037 and the Indian Child Welfare Act pursuant to 25 U.S.C. Section 1901 et seq. 

(f)  All parties shall have the right to present evidence on their own behalf and examine witnesses.  Hearsay, to the extent it is deemed relevant and reliable by the court, shall be admissible.  The court may in its discretion limit testimony and evidence to only that which goes to the issues of removal, custody, and the child’s welfare. 

(g)  The temporary care hearing shall also be a preliminary hearing on the petition.

§ 5256.  Temporary Care Order

(a)  The court shall order that custody be returned to the child’s parent, guardian, or custodian unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any of the following:

(1)  The child cannot be controlled at home and is at risk of harm to self or others.

(2)  Continued residence in the home will not protect the community because of the serious and dangerous nature of the act the child is alleged to have committed.

(3)  The child’s welfare is otherwise endangered.

(b)  Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child including:

(1)  A conditional custody order returning custody of the child to the parent, guardian, or custodian, subject to such conditions and limitation as the court may deem necessary and sufficient to protect the child and the community.

(2)  An order transferring temporary custody of the child to a noncustodial parent or a relative.

(3)  A temporary care order transferring temporary custody of the minor child to the commissioner.

(c)(1)  If the court transfers custody of the child to the commissioner, the court shall issue a written temporary care order.  The order shall include:

(A)  a finding that remaining in the home is contrary to the child’s welfare and the facts upon which that finding is based; and

(B)  a finding as to whether reasonable efforts were made to prevent unnecessary removal of the child from the home.

(2)  If at the conclusion of the hearing the court lacks sufficient evidence to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home.

(3)  The order may include such other provisions as may be necessary for the protection and welfare of the child, including:

(A)  Conditions of release.

(B)  An order for parent-child contact under such terms and conditions as are necessary for the protection of the child.

(C)  An order that the department provide the child with services.

(D)  An order that the department refer a parent to services.

(E)  A genetic testing order if parentage of the child is at issue.

(F)  An order that the department make diligent efforts to locate the noncustodial parent.

(G)  An order that the custodial parent provide the department with names of all potential noncustodial parents and relatives of the child.

§ 5257.  Filing of Initial Case Plan

(a)  If a temporary care order is issued granting custody to the commissioner, the department shall prepare and file with the court an initial case plan for the child and the family within 60 days of the child’s removal from the home.  The department shall provide a copy of the case plan to the parties, their attorneys, and the guardian ad litem.

(b)  The initial case plan shall not be used or referred to as evidence prior to a finding that the child has committed a delinquent act.

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

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

Subchapter 4.  Probation

§ 5261.  Powers and responsibilities of the commissioner regarding juvenile probation

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

(1)  To maintain supervision of juveniles placed on probation.

(2)  To supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services which may include restitution and community service programs and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers.

(3)  To prescribe rules, consistent with any orders of the court, governing the conduct of juveniles on probation.

§ 5262.  Conditions of probation

(a)  The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the court may find the juvenile in violation of the conditions of probation.

(b)  The court may, as a condition of probation, require that the juvenile:

(1)  Work faithfully for a prescribed number of hours at a community service activity acceptable to the court or, if so ordered by the court, at a community service activity acceptable to a probation officer.

(2)  Make restitution or reparation to the victim of the juvenile’s conduct for the damage or injury which was sustained. When restitution or reparation is a condition of probation, the court shall fix the amount thereof.  The court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance.  In the alternative, the court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel.

(3)  Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community. 

(4)  Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the court or juvenile probation officer.

(5)  Report to a juvenile probation officer at reasonable times as directed by the court or the probation officer.

(6)  Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere.

(7)  Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer.

(8)  Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment.

(9)  Satisfy any other conditions reasonably related to the juvenile’s rehabilitation.

(10)  Reside at home or other location specified by the court.

(11)  Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation.

(12)  Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment.

(13)  Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis.

§ 5263.  Juvenile probation certificate 

(a)  When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth:

(1)  the name of the juvenile;

(2)  the nature of the delinquent act committed by the juvenile;

(3)  the date and place of the juvenile delinquency hearing;

(4)  the order of the court placing the juvenile on probation; and

(5)  the conditions of the juvenile’s probation.

(b)  The juvenile probation certificate shall be furnished to and signed by the juvenile and the parents or the guardian or custodian of the child, if other than parent.  It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation.  A copy of the juvenile probation certificate shall also be furnished to the commissioner.  The probation certificate is not invalidated if it is not signed as required by this subsection.

(c)  The signature of a parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child’s compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider.

(d)  The juvenile probation certificate shall be full authority for the exercise by the commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the court.

§ 5264.  Modification of conditions  

(a)  During the period of probation, the court, on application of a juvenile probation officer, the state’s attorney, the juvenile, or on its own motion may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title.  A juvenile may request modification of a restitution issue determined by a restorative panel.

(b)  Whenever the court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition.

§ 5265.  Violation of conditions of probation 

(a)  If the juvenile fails to comply with conditions of probation, the state’s attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions.

(b)  A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime.

§ 5266.  Summons, apprehension, and detention of juvenile probationer

At any time before the discharge of a juvenile probationer or the termination of the period of probation:

(1)  The court may summon the juvenile to appear before it or may issue an order for the juvenile’s detention.

(2)  Any juvenile probation officer may detain a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation.  The written statement delivered with the juvenile by the detaining officer to the supervisor of the juvenile facility or residential program to which the juvenile is brought for detention shall be sufficient authority for detaining the juvenile.

(3)  Any juvenile probationer apprehended or detained in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or detention.

§ 5267.  Detention hearing 

(a)  Whenever a juvenile probationer is detained on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing.  The juvenile and the adult who signed the probation certificate shall be given:

(1)  notice of the detention hearing and its purpose and the allegations of violations of conditions of probation; and

(2)  notice of the juvenile’s right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel.

(b)  At the detention hearing the juvenile shall be given:

(1)  an opportunity to appear at the hearing and present evidence on his or her own behalf; and

(2)  upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness.

(c)  If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation.  If probable cause is not found to exist, the proceedings shall be dismissed.

(d)  A juvenile held in detention pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal.

§ 5268.  Notice; violation hearing 

(a)  The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed.  If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time.  Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated.  At the hearing, the juvenile shall have:

(1)  The right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases.

(2)  The right to disclosure of evidence against the juvenile.

(3)  The opportunity to appear and to present evidence on the juvenile’s behalf.

(4)  The opportunity to question witnesses against the juvenile.

(b)  The state’s attorney having jurisdiction or the commissioner shall establish the alleged violation by a preponderance of the evidence, if the juvenile probationer contests the allegation.

§ 5269.  Disposition alternatives upon violation of conditions of probation 

If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title.

§ 5270.  Final judgment 

An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment.

§ 5271.  Discharge from probation 

(a)  The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time.

(b)  Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation.

§ 5272.  Juvenile justice unit; juvenile justice director 

(a)  A juvenile justice unit is created in the family services division of the department.  The unit shall be headed by a juvenile justice director.

(b)  The juvenile justice director shall have the responsibility and authority to monitor and coordinate all state and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation.

(c)  The juvenile justice director shall ensure that the following occur:

(1)  Development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving state, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness.

(2)  Cooperation among state, regional, and local officials, court personnel, service providers, and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program.

(3)  Cooperation among appropriate departments, including the department and the departments of education, corrections, employment and training, developmental and mental health services, and public safety, and the office of alcohol and drug abuse programs.

(4)  A study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable.

(5)  Compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the governor.

Subchapter 5.  Youthful Offenders

§ 5281.  MOTION IN DISTRICT COURT

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

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

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

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

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

§ 5282.  REPORT FROM THE DEPARTMENT

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

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

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

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

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

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

§ 5283.  HEARING IN FAMILY COURT

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

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

(c)  Hearing procedure.   

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

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

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

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

§ 5284.  DETERMINATION AND ORDER

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

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

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

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

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

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

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

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

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

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

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

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

§ 5285.  Modification or revocation of disposition

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

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

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

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

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

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

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

§ 5286.  Review prior to the age of 18

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

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

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

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

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

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

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

§ 5287.  Termination or continuance of PROBATION

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

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

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

(2)  the youth’s performance during treatment;

(3)  reports of treatment personnel; and

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

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

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

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

§ 5288.   Rights of victims in youthful offender                                                        proceedings

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

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

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

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

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

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

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

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

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

Subchapter 6.  Placement of Minors in Secure Facilities

§ 5291.  Detention of Minors Charged as Delinquents in a   Secure Facility for the Detention of Delinquent Children

(a)  Unless ordered otherwise at or after a temporary care hearing, the commissioner shall have sole authority to place the child who is in the custody of the department in a secure facility for the detention of minors.

(b)  Upon a finding at the temporary care hearing that no other suitable placement is available and the child presents a risk of injury to him- or herself, to others, or to property, the court may order that the child be placed in a secure facility used for the detention of delinquent children until the commissioner determines that a suitable placement is available for the child.  Alternatively, the court may order that the child be placed in a secure facility used for the detention of delinquent children for up to seven days.  Any order for placement at a secure facility shall expire at the end of the seventh day following its issuance unless, after hearing, the court extends the order for a time period not to exceed seven days.

§ 5292.  Detention in Adult Facilities of Minors Charged or Adjudicated as Delinquents

(a)  A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have committed a crime punishable by life imprisonment and it appears to the satisfaction of the court that public safety and protection reasonably require such detention.

(b)  A minor who has been adjudicated as a delinquent child shall not by virtue of such adjudication be committed or transferred to an institution or other facility used primarily for the execution of sentences of persons convicted of a crime.

(c)  The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor who is or appears to be under the age of 18 years is received at the facility other than pursuant to subsection (a) of this section or section 5293 of this title and shall deliver the minor to the court upon request of the court or transfer the minor to the detention facility designated by the court by order.

§ 5293.  Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

(a)  Pretrial detention.

(1)  A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in district court or the district court has exercised jurisdiction over the matter and the state’s attorney has determined that a felony charge will be filed without delay.  A minor who is eligible for release under chapter 229 of Title 13 shall be released.

(2)(A)  A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:

(i)  be released to his or her parents, guardian, or custodian; or

(ii)  be delivered to the district court.

(B)  If the minor is delivered to the district court, the arresting officer shall immediately file written notice thereof with the court together with a statement of the reason for taking the minor into custody.  A minor who is eligible for release under chapter 229 of Title 13 shall be released.  In the event that the minor is not released:

(i)  the minor shall not be detained in a facility for adult offenders; and

(ii)  The court shall defer to the commissioner of corrections concerning the facility in which the minor shall be detained.

(b)  Sentencing of minor.  If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the court shall sentence the minor as an adult.

(c)  Placement of minors under 16. The commissioner of corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.

(d)  Placement of minors over 16 convicted of felony. The commissioner of corrections may place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a felony and who has been sentenced to a term of imprisonment.

(e)  Placement of minor over 16 convicted of misdemeanor.  The commissioner of corrections shall not place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a misdemeanor

(f)  Transfer of minor at 18th birthday. At the 18th birthday of a minor convicted of a misdemeanor, the commissioner may transfer the minor to a facility for adult offenders.

(g)  Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the state of Vermont.

and by renumbering the remaining sections of the bill to be numerically correct.

Ninth:  In the renumbered Sec. 3, 33 V.S.A. § 5301(2), after the word “removal” by adding the words from the child’s current home

Tenth:  In the renumbered Sec. 3, 33 V.S.A. § 5302(b)(2), in the last sentence after the word “The” by adding the words officer shall contact the department and the

Eleventh:  In the renumbered Sec. 3, 33 V.S.A. § 5306, in subsection (a), in the first sentence, after the words “order to the” by inserting the word custodial and in the third sentence by striking out the words “the parents” and inserting in lieu thereof the words such persons and in subsection (b), in the first sentence, after the word “conditional” by striking out the word “care” and inserting in lieu thereof the word custody and, in the second sentence, by striking out the following: “, in writing,

Twelfth:  In the renumbered Sec. 3, 33 V.S.A. § 5307(e), by striking out subdivision (5) in its entirety and inserting in lieu thereof:

(5)(A)  The identity and location of a noncustodial parent, a relative, or a person with a significant relationship with the child known to the department who may be appropriate, capable, willing, and available to assume temporary legal custody of the child.  If the noncustodial parent cannot be located, the department shall provide to the court a summary of the efforts made to locate the parent.

(B)  With respect to any person whom the department identifies pursuant to this subdivision, the department shall conduct an assessment of the suitability of the person to care for the child.  The assessment shall include consideration of the person’s ability to care for the child’s needs, a criminal history record as defined in 20 V.S.A. § 2056a(a)(1) in accordance with subdivision (5)(C) of this subsection, and a check of allegations of prior child abuse or neglect by the person or by other adults in the person’s home.  The court may continue the hearing if necessary to permit the department to complete the assessment.

(C)  The department shall request from the Vermont criminal information center criminal history record information for any person being considered to assume temporary legal custody of the child pursuant to this subdivision.  The request shall be in writing and shall be accompanied by a release signed by the person.  The department through the Vermont criminal information center shall request criminal history record information from the appropriate state criminal repositories in all states in which it has reason to believe the person has resided or been employed.  If no disqualifying record is identified at the state level, the department through the Vermont criminal information center shall request from the Federal Bureau of Investigation a national criminal history record check of the person's criminal history.  The request to the FBI shall be accompanied by a set of the person's fingerprints and a fee established by the Vermont criminal information center.  The Vermont criminal information center shall send the department the criminal history record from any state repository and the FBI of a person about whom a request is made under this subdivision or inform the department that no record exists.  The department shall promptly provide a copy of the criminal history record, if any, to the person and shall inform the person that he or she has the right to appeal the accuracy and completeness of the record through the Vermont criminal information center.  Upon completion of the process under this subdivision, the person's fingerprint card shall be destroyed.

Thirteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5308, by striking out subsection (b) in its entirety and inserting in lieu thereof:

(b)  Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child including:

(1)  A conditional custody order returning custody of the child to the parent, guardian, or custodian, subject to such conditions and limitations as the court may deem necessary and sufficient to protect the child.

(2)  An order transferring temporary custody of the child to a noncustodial parent or a relative who is appropriate, capable, willing, and available to care for the child.

(3)  A temporary care order transferring temporary custody of the minor child to the commissioner. 

Fourteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5308(c), in subdivision (2)(B) after the words “with services” by adding the following: , if legal custody of the child has been transferred to the commissioner  and by adding a new subdivision (3) to read: 

(3)  In his or her discretion, the commission may provide assistance and services to children and families to the extent that funds permit notwithstanding subdivision (2)(B) of this subsection.

Fifteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5308(c)(2)(C), after the word “disabilities” by adding the words provided that the child’s needs are given primary consideration

Sixteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5309(d), in the first sentence after the words “request of the” by adding the words secretary of the and in the last sentence by striking out the words “requirements of subdivision 5102(2)(C)” and inserting in lieu thereof the words criteria of subdivision 5102(2)(B)(ii)

Seventeenth:  In the renumbered Sec. 3, 33 V.S.A. § 5311, in the catchline by striking out the following:  “; PRELIMINARY HEARING

Eighteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5313(b), after the words “is issued” by adding the words except for good cause shown

Nineteenth:  In the renumbered Sec. 3, 33 V.S.A. § 5316, in subdivision (b)(4) after the word “disabilities” by adding the words provided that the child’s needs are given primary consideration and by striking out subdivision (b)(9) in its entirety

Twentieth:  In the renumbered Sec. 3, 33 V.S.A. § 5319(b), at the end of the subsection by adding the following: The court may allocate the costs of supervised visitation.

Twenty-first:  In the renumbered Sec. 3, by adding a new 33 V.S.A. § 5322 to read as follows:

§ 5322.  PostDisposition Review and Permanency Review for CHILDREN in NEED OF CARE AND SUPERVISION 

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

and by renumbering the remaining statutory section to be numerically correct.

Twenty-second:  By deleting the renumbered Sec. 4, REPORT FROM THE DEPARTMENT FOR CHILDREN AND FAMILIES, in its entirety, and by renumbering the remaining sections to be numerically correct.

Twenty-third:  In the renumbered Sec. 4, 13 V.S.A. § 1030, by amending the catchline to read:

§ 1030.  VIOLATION OF AN ABUSE PREVENTION ORDER OR, AN ORDER AGAINST STALKING OR SEXUAL ASSAULT, OR A PROTECTIVE ORDER CONCERNING CONTACT WITH A CHILD

Twenty-fourth:  By adding a new Sec. 5 to read as follows:

Sec. 5.  Rule (3)(c)(6) of the Vermont Rules of Criminal Procedure is amended to read:

(6)  The person has violated an order issued by a court in this state pursuant to 12 V.S.A. chapter 178, 15 V.S.A. chapter 21, or 33 V.S.A. chapter 69 or subsection 5115(e).

Twenty-fifth:  By adding a new Sec. 6 to read as follows:

Sec. 6.  33 V.S.A. § 3902 is amended as follows:

§ 3902. ASSIGNMENT OF SUPPORT RIGHTS BY PUBLIC ASSISTANCE RECIPIENTS; PROCEEDINGS TO ESTABLISH SUPPORT OBLIGATION

* * *

(e)  When a responsible parent is receiving welfare assistance under Title XVI of the Social Security Act or chapter 11 of this title, on the parent’s own behalf or on behalf of a dependent child, no amounts shall accrue or be collected under the support order while the welfare assistance is being received.  The commissioner shall monitor receipt of welfare assistance by responsible parents to ensure collection action is not instituted while welfare assistance is being received and that collection action is instituted promptly when the responsible parent no longer receives assistance.

(f)  If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the office of child support may change the payee of support upon the caretaker’s receipt of Reach Up family assistance (RUFA) from the department for children and families.  The obligor’s obligation under the support order to pay child support and medical support continues but shall be payable to the office of child support upon the caretaker’s receipt of RUFA and shall continue so long as the assignment is in effect.  The office of child support shall notify the obligor and obligee under the support order, by first class mail at last known address, of the change of payee.

Twenty-sixth:  By adding a new Sec. 7 to read as follows:

Sec. 7.  33 V.S.A. § 3903 is amended to read:

§ 3903.  CHILD SUPPORT DEBT

(a)  Except as otherwise provided in this section, any payment of Reach Up financial assistance made to or for the benefit of a dependent child creates a debt due and owing to the department for children and families by any responsible parent in an amount equal to the amount of Reach Up financial assistance paid.

(1)  A debt shall not be incurred by any responsible parent while that parent receives public assistance for the benefit of any of his or her dependent children.  A debt previously incurred by any responsible parent shall not be collected from the responsible parent while that parent receives public assistance for the benefit of his or her dependent children, or assistance under Title XVI of the Social Security Act.

(2)(b)  Collection of child support debts shall be made as provided by this section and section 3902 of this title and by subchapter 7 of chapter 11 of Title 15.  Regardless of the amount of Reach Up financial assistance paid, the court may limit the child support debt, taking into consideration the criteria of section 659 of Title 15.  The department for children and families and the responsible parent may limit the child support debt by stipulation which shall be enforceable on its terms unless it is modified.

And by renumbering the remaining sections to be numerically correct.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Flory of Pittsford moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to.

Senate Proposal of Amendment Concurred in

H. 257

     The Senate proposed to the House to amend House bill, entitled

     An act relating to the codification of existing community justice centers;

     By striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  24 V.S.A. chapter 58 is added to read:

CHAPTER 58.  COMMUNITY JUSTICE CENTERS

§ 1961.  Legislative findings

A system of community justice centers that operates under the authority of a single statute will:

(1)  Help each community justice center collaborate more closely with law enforcement and state’s attorneys, state agencies, social service providers, victim advocacy organizations, and other community resources.

(2)  Enhance the services each community justice center provides.

(3)  Help each community justice center further its policy interest of achieving restorative justice.

§ 1962.  Definitions

As used in this chapter:

(1)  “Legislative body” means the mayor and board of aldermen of a city, a city council, a town selectboard, the president and trustees of an incorporated village, or the legislative bodies of a group of municipalities.

(2)  “Municipality” means a city, town, incorporated village, or group of municipalities.

§ 1963.  Authority of municipalities

The legislative body of any municipality may create within its jurisdiction a community justice center to resolve civil disputes and address the wrongdoings of individuals who have committed municipal, juvenile, or criminal offenses.  A municipality may designate an organization to act as its community justice center.

§ 1964.  STRUCTURE OF THE COMMUNITY JUSTICE BOARDS

Each community justice center:

(1)  Shall have an advisory board comprised of at least 51 percent citizen volunteers.

(2)  May use a variety of restorative justice approaches, including community panels or boards, group conferencing, or mediation.

(3)  Shall include programs to resolve disputes, address the needs of victims, address the wrongdoing of the offender, and promote the rehabilitation of youthful and adult offenders.

§ 1965.  duties of the community justice centers

Each community justice center:

(1)  Shall work in close coordination with state agencies, law enforcement agencies, state’s attorneys, social service providers, victim advocacy organizations, and other community resources in administering the programs defined in subdivision 1964(3) of this title.

(2)  Shall, in collaboration with state and local agencies, provide training on the restorative justice process to citizen volunteers to enable their participation in the local community justice center.

(3)  May address quality of life issues in the community it serves by providing informational and educational resources to the community.

(4)  May apply for funding from private foundations, other governmental sources, or other sources.

§ 1966.  Community JUSTICE centers’ relationship with state government entities

(a)  The agency of human services shall provide to the community justice centers the information, analysis, and technical support which the community justice centers, in collaboration with the agency of human services, determine are necessary to further their policy of restorative justice.

(b)  Funding from the agency of human services.  The agency of human services may provide funding and authorize community justice centers to participate in the implementation of state programs related to juvenile and criminal offenses.

(c)  Access to information.  Community justice center employees and volunteers participating in state-funded programs shall have access to information, analysis, and technical support as necessary to carry out their duties within the program in accordance with state and federal confidentiality statutes and policies.  Victim information that is not part of the public record shall not be released without the victim’s consent.

(d)  Liability.

(1)  For the purposes of defining liability, community justice center volunteers participating in programs funded by the agency of human services pursuant to subsection (b) of this section shall be considered volunteers of that agency.

(2)  In all other cases, the state and the municipality shall each be liable for the acts and omissions of employees operating within the scope of their employment.

§ 1967.  CASES PROHIBITED

No case involving domestic violence, sexual violence, sexual assault, or stalking shall be referred to a community justice center except in department of corrections offender reentry programs pursuant to protocols protecting victims.  The community justice centers shall work with the department of corrections and the center for crime victim services or its designee to develop victim safety protocols for community justice centers that take into consideration victim needs such as safety, confidentiality, and privacy.

     Which proposal of amendment was considered and concurred in.

Committee of Conference Appointed

S. 365

     Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on Senate bill, entitled

     An act relating to capital construction and state bonding;

     The Speaker appointed as members of the Committee of Conference on the part of the House:

   Rep. Emmons of  Springfield

   Rep. Myers of Essex

               Rep. Fallar of Tinmouth

Rules Suspended; Bill Committed

S. 357

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland,  the rules were suspended and Senate bill, entitled

An act relating to domestic violence;

Was taken up for immediate consideration.

On motion of Rep. Adams of Hartland the bill was committed to the committee on Appropriations.

Rules Suspended; Bill Committed

S. 350

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland,  the rules were suspended and Senate bill, entitled

An act relating to energy independence and economic prosperity;

Was taken up for immediate consideration.

On motion of Rep. Adams of Hartland the bill was committed to the committee on Appropriations.

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:

S. 226

Senate bill, entitled

An act relating to requiring the installation of photoelectric only smoke alarms;

S. 271

Senate bill, entitled

An act relating to child support for children with disabilities;

S. 301

Senate bill, entitled

An act relating to enhancing the penalties for assaulting a law enforcement officer and to the crime of assault with bodily fluids;

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Dennise Casey, Secretary of Civil and Military Affairs, as follows:

Madam Speaker:

I am directed by the Governor to inform the House that on the twenty-second day of April, 2008, he approved and signed a bill originating in the House of the following title:

H. 616    An act relating to farm-fresh raw milk

Message from the Senate No. 59

     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. 588.  An act relating to property loaned to museums.

And has passed the same in concurrence.

The Senate has considered bills originating in the House of the following titles:

H. 11.  An act relating to the commissioner of health.

H. 432.  An act relating to establishing Juneteenth National Freedom Day.

H. 515.  An act relating to the collection and disposal of mercury-added thermostats.

H. 806.  An act relating to public water systems.

H. 867.  An act relating to health insurance plan coverage for athletic trainer services.

H. 889.  An act relating to the state’s transportation program.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

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

J.R.H. 61.  Joint resolution designating May 2008 as Carcinoid Cancer Awareness Month.

And has adopted the same in concurrence.

The Senate has considered House proposal of amendment to Senate proposal of amendment to House bill of the following title:

H. 641.  An act relating to nursing mothers in the workplace.

And has concurred therein.

Adjournment

At four o’clock and fifty-five minutes in the afternoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 



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The Vermont General Assembly
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Montpelier, Vermont


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