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									      Journal of the Senate
                             ________________
                        TUESDAY, APRIL 15, 2008
  The Senate was called to order by the President.
                            Devotional Exercises
  A moment of silence was observed in lieu of devotions.
                            Pledge of Allegiance
  Pages Mikaela Osler and Rebecca Westcom then led the members of the
Senate in the pledge of allegiance.
                      Message from the House No. 50
    A message was received from the House of Representatives by Ms. Wrask,
its Second Assistant Clerk, as follows:
Mr. President:
   I am directed to inform the Senate the House has passed a bill of the
following title:
   H. 755. An act relating to economic development of the forestry and forest
products industries.
  In the passage of which the concurrence of the Senate is requested.
    The House has considered a bill originating in the Senate of the following
title:
  S. 146. An act relating to advertising and producing musical performances.
   And has passed the same in concurrence with proposal of amendment in the
adoption of which the concurrence of the Senate is requested.
   The House has considered Senate proposal of amendment to House bill of
the following title:
  H. 616. An act relating to farm-fresh raw milk.
  And has concurred therein.
   The Governor has informed the House of Representatives that on the tenth
day of April, 2008, he approved and signed a bill originating in the House of
the following title:
  H. 563. An act relating to the Uniform Commercial Code.

                                     600
                         Printed on 100% Recycled Paper
                           TUESDAY, APRIL 15, 2008                           601
               Bill Referred to Committee on Appropriations
   House bill of the following title, appearing on the Calendar for notice, and
carrying an appropriation or requiring the expenditure of funds, under the rule,
was referred to the Committee on Appropriations:
                                       H. 776.
  An act relating to computation of the basic needs budget and the livable
wage.
                                  Bill Referred
   House bill of the following title was read the first time and referred:
                                       H. 755.
   An act relating to economic development of the forestry and forest products
industries.
   To the Committee on Natural Resources and Energy.
                           Consideration Postponed
                                       S. 278.
   Senate bill entitled:
   An act relating to financing campaigns.
   Was taken up.
   Thereupon, without objection consideration of the bill was postponed until
tomorrow.
                    Bill Amended; Third Reading Ordered
                                       S. 369.
   Senate committee bill entitled:
   An act relating to recognition of tribes and bands of native Americans by
the Vermont commission on native American affairs.
   Having been called up, was taken up.
   Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and pending the question, Shall the bill be read the third time?,
Senator Illuzzi, on behalf of the Committee on Economic Development,
Housing and General Affairs, moved to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
602                       JOURNAL OF THE SENATE
Sec. 1. 1 V.S.A. § 852(b) is amended to read:
   (b) The commission shall comprise seven members appointed by the
governor for two-year staggered three-year terms from a list of candidates
compiled by the division for historic preservation. All members of the
commission shall be Vermont citizens residents. The governor shall appoint a
chair from among the members of the commission. The division shall compile
a list of candidates' recommendations from the following The commission
shall be organized in accordance with the following provisions:
     (1) Recommendations from the Missisquoi Abenaki and other Abenaki
and other Native American regional tribal councils and communities in
Vermont. Applicants The commission shall comprise a broad representation of
Native American tribes and bands.
      (2) The commission shall comprise the following members:
         (A) Beginning August 3, 2008 one member each from the Koasek
Traditional Band of the Sovereign Abenaki Nation (led by Chief Brian
Chenevert and Chief Nancy Millette), the Sovereign Abenaki Nation of
Missisquoi St. Francis/Sokoki Band (led by Chief April St. Francis), and the
Nulhegan Band of the Abenaki Nation (led by Chief Luke Willard), appointed
by the governor from a list of three candidates put forth by each band.
         (B) Four members who do not belong to the three groups recognized
in subdivision (A) of this subsection appointed from a list of applicants who
apply in response to solicitations, publications, and website notification by the
division of historical preservation. Beginning August 3, 2008 two such
members shall be appointed for two-year terms and two such members shall be
appointed for one-year terms; upon the expiration of which, subsequent
appointments shall be for three years in accordance with this subsection.
    (3) The governor shall appoint a chair from among the members of the
commission.
      (4) No member shall serve more than two consecutive terms.
      (5) All members of the commission shall be Vermont residents.
     (6) The commission shall not comprise more than one member from any
Native American tribe or band.
Sec. 2. 1 V.S.A. § 852(f) is added to read:
   (f) The commission shall have the authority to:
     (1) On behalf of the state of Vermont, formally recognize tribes and
bands of Native Americans.
                           TUESDAY, APRIL 15, 2008                           603
       (2) Establish rules for applications, subject to the criteria set forth in
section 854 of this chapter, for state recognition of unrecognized tribes and
bands of Native Americans for the sole purposes specified in subsection (c) of
this section.
Sec. 3. 1 V.S.A. § 853 is amended to read:
§ 853. RECOGNITION OF ABENAKI PEOPLE
   (a) The state of Vermont recognizes the Abenaki people nation and
recognizes all Native American people who reside in Vermont as a minority
population.
   (b) The state of Vermont recognizes the Koasek Traditional Band of the
Sovereign Abenaki Nation (led by Chief Brian Chenevert and Chief Nancy
Millette), the Sovereign Abenaki Nation of Missisquoi St. Francis/Sokoki
Band (led by Chief April St. Francis), and the Nulhegan Band of the Abenaki
Nation (led by Chief Luke Willard) as original Native American tribes who
reside in Vermont.
   (c) Recognition of the Native American or Abenaki people as provided in
subsection (a) of this section, recognition of bands of the Abenaki Nation as
provided in subsection (b) of this section, or recognition of tribes or bands of
the Abenaki Nation by the Vermont commission on Native American affairs in
accordance with section 854 of this title, shall be for the sole purposes
specified in subsection 852(c) of this title and shall not be interpreted to
provide any Native American or Abenaki person with any other special rights
or privileges that the state does not confer on or grant to other state residents.
   (c)(d) Recognition of additional bands and tribes of Abenaki people may be
obtained by act of the general assembly or by the procedure for recognition set
forth in section 854 of this chapter.
   (e) This chapter shall not be construed to recognize, create, extend, or form
the basis of any right or claim to land or real estate in Vermont for the Abenaki
people or any Abenaki individual and shall be construed to confer only those
rights specifically described in this chapter.
Sec. 4. CONDITIONAL RECOGNITION
   (a) The recognition of each band identified in subsection 853(b) of Title 1
is conditioned on each band submitting, no later than March 1, 2010,
information to the commission as required by subsection 854(f) of Title 1.
   (b) Within six months of receiving an application pursuant to subsection (a)
the commission shall review the application materials submitted pursuant to
604                       JOURNAL OF THE SENATE
subsection (a) of this section and, if necessary, request supplemental or
clarifying information from each band.
   (c) An applicant shall receive a minimum of two months to supplement,
clarify, or amend its application in response to any request for additional
information or clarification made by the commission pursuant to
subsection (b).
   (d) Within eight months of receiving an application for recognition
pursuant to subsection (a) or two months of receiving supplemental or
clarifying information pursuant to subsection (b), if such is requested, the
commission shall hear oral argument and decide whether state recognition of
each of the bands identified in subsection 853(b) of Title 1 shall be revoked.
   (e) From the effective date of this act until the commission acts pursuant to
the provisions of this section, the bands identified in subsection 853(b) of
Title 1 shall be state-recognized for the purposes of the Indian Arts and Crafts
Act of 1990, public law 101-644 (104 stat 4663-64), as amended.
   (f) The division for historic preservation of the department of housing and
general affairs shall provide administrative support to the Vermont commission
on Native American affairs in carrying out the requirements of Sec. 4 of this
act.
   (g) The commission shall be entitled to receive per diem compensation and
actual and necessary expenses in accordance with section 1010 of Title 32 for
work performed under Sec. 4 of this act.
Sec. 5. 1 V.S.A. § 854 is added to read:
§ 854. CRITERIA AND PROCEDURE FOR RECOGNITION OF TRIBES
AND BANDS
   (a) Definitions. For the purposes of this section:
     (1) “Applicant” means an interested party seeking formal state
recognition of a tribe or band.
       (2) “Commission” means the Vermont commission on Native American
affairs.
     (3) “Nation,” “tribe,” or “band” means an assembly of Native
American/Indian people who are related to each other by blood and kinship,
and who trace their ancestry to a kinship group and which has historically
maintained influence and authority over its members.
     (4) “Recognized” means acknowledged as an Abenaki tribe or band by
the Vermont general assembly.
      (5) “State” means the state of Vermont.
                           TUESDAY, APRIL 15, 2008                          605
   (b) Process for state recognition of Abenaki tribes or bands in the state of
Vermont. The commission shall establish rules pursuant to chapter 25 of
Title 3 for applicants who seek recognition as a tribe or band. Applications
shall be reviewed by the commission. Recognition shall be granted if a two-
thirds majority of the commission members eligible to vote determine that an
applicant meets the criteria set forth in this section. A commission member
who is also a member of an applicant group shall be disqualified from hearing
and deciding the application for recognition.
   (c) Commission proceedings. Once a complete application is received by
the commission, it shall provide public notice that the application has been
received and shall hold at least one public hearing on the application. All
proceedings of the commission on an application shall be public and materials
not exempt pursuant to 1 V.S.A § 317 submitted for the commission’s
consideration shall be made part of the application record.
   (d) The division for historic preservation of the department of housing and
community affairs shall provide administrative support to the Vermont
commission on Native American affairs in carrying out the requirements of
this section 854.
   (e) The commission shall be entitled to receive per diem compensation and
actual and necessary expenses in accordance with section 1010 of Title 32 for
work performed under this section.
   (f) Groups ineligible for recognition. Any group or entity, or successors in
interests thereof, that has previously applied for and has been denied or refused
recognition under this chapter unless the group or entity has new evidence in
support of the application that was not reasonably available at the time of the
prior application, shall be ineligible to apply for state recognition under this
chapter.
   (g) Commission assistance to applicants. A group or entity seeking
recognition as a tribe or band under this chapter shall request technical
assistance from the commission.         The commission shall explain the
administrative process for applying for recognition. The assistance provided
by the commission shall be limited to technical assistance and an explanation
of the process.
   (h) Criteria for recognition as a tribe or band.
      (1) An application for state recognition shall include a signed statement
from the applicant’s leaders affirming that the information provided is true and
accurate. Any individual seeking recognition on behalf of a tribe or band shall
be a citizen of Vermont. The application must demonstrate the following to
the satisfaction of the commission:
606                      JOURNAL OF THE SENATE
        (A) That the applicant’s members are related to each other by blood
and kinship or trace their ancestry to a kinship group;
        (B) That the applicant group has maintained a connection with
Abenaki tribes or bands that have historically inhabited Vermont; and
        (C) That the applicant group has historically maintained influence
and authority over its members.
       (2) The applicant may provide the following information, along with
any other information the applicant deems relevant to meeting the recognition
criteria, for consideration by the commission:
         (A) Written history that documents a connection with its geographic
area and the historical Abenaki homeland.
         (B) Letters, statements, oral stories, and documents from band, city,
county, state, or federal authorities and other reliable sources that document a
history of a connection with applicant’s geographic areas.
         (C) Documentation of genealogy demonstrating relationships among
the kinship groups to which the applicant belongs.
        (D) Documented traditions, customs, oral stories, and histories that
demonstrate the group’s Abenaki cultural heritage.
         (E) Other compelling documentation acceptable to the commission
that shows the heritage and kinship relationships of the applicant.
        (F) Documentation of the structure, membership criteria, and
methods through which the applicant conducts its affairs.
      (3) The commission shall consider all of the information submitted by
the applicant and determine whether the applicant meets the criteria for state
recognition. The commission may consult with an historian or anthropologist,
genealogist, or other experts in reviewing and determining applications for
recognition.
      (4) Incorporation as a for-profit or nonprofit organization does not in
and of itself satisfy the recognition criteria set forth in this act.
   (i) Material misrepresentation. The recognition of any tribe or band may
be revoked or an application for recognition rejected if the commission finds
that an application submitted under this section contains any material
misrepresentation.
   (j) Rulemaking authority. The commission may adopt rules to implement
the provisions of this chapter.
                           TUESDAY, APRIL 15, 2008                            607
Sec. 6. SUNSET
  Sec. 4 of this act (conditional recognition) shall be repealed on January 15,
2012.
Sec. 7. EFFECTIVE DATE
   This act shall take effect upon passage.
   Which was agreed to.
   Thereupon, third reading of the bill was ordered.
      House Proposal of Amendment Concurred In with Amendment
                                        S. 45.
   House proposal of amendment to Senate bill entitled:
   An act relating to the right to attend town meeting.
   Was taken up.
   The House proposes to the Senate to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. 21 V.S.A. § 472b is added to read:
§ 472b. TOWN MEETING LEAVE; EMPLOYEES; STUDENTS
   (a) Subject to the essential operation of a business or entity of state or local
government, which shall prevail in any instance of conflict, an employee shall
have the right to take unpaid leave from employment under this section or
subsection 472(b) of this title for the purpose of attending his or her annual
town meeting, provided the employee notifies the employer at least seven days
prior to the date of the town meeting. An employer shall not discharge or in
any other manner retaliate against an employee for exercising the right
provided by this section.
   (b) A student of voting age shall have the right to attend his or her annual
town meeting, and the school shall not penalize or report the student as a truant
for exercising the right provided by this section.
   Thereupon, pending the question, Shall the Senate concur in the House
proposal of amendment?, Senator White moved that the Senate concur in the
House proposal of amendment with an amendment as follows:
   In Sec. 1. 21 V.S.A. §472b by adding two new subsections, to be
subsections (c) and (d), to read as follows:
   (c) The requirement of subsection (b) shall not apply to a student who is in
state custody in a secure facility.
608                      JOURNAL OF THE SENATE
   (d) The requirement of subsection (b) shall not create an obligation for any
parent, guardian or custodian to take any affirmative action to enable the
student to attend an annual town meeting.
  Which was agreed to.
        Bill Passed in Concurrence with Proposals of Amendment
   House bills of the following titles were severally read the third time and
passed in concurrence with proposal of amendment:
                                     H. 636.
  An act relating to embezzlement by a public official.
                                     H. 862.
  An act relating to approval of amendments to the charter of the village of
Waterbury.
                                     H. 883.
    An act relating to miscellaneous amendments to Vermont’s public
retirement systems.
  Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence
                                     H. 764.
   Senator Doyle, for the Committee on Government Operations, to which was
referred House bill entitled:
  An act relating to expanded eligibility for Vermont veterans’ medal.
  Reported that the bill ought to pass in concurrence.
  Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
   Thereupon, on motion of Senator Shumlin, the rules were suspended and
the bill was placed on all remaining stages of its passage in concurrence
forthwith.
  Thereupon, the bill was read the third time and passed in concurrence.
Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill
          Passed in Concurrence with Proposal of Amendment
                                     H. 641.
  Senator Miller, for the Committee on Economic Development, Housing and
General Affairs, to which was referred House bill entitled:
  An act relating to nursing mothers in the workplace.
                            TUESDAY, APRIL 15, 2008                            609
    Reported recommending that the Senate propose to the House to amend the
bill by striking out all after the enacting clause and inserting in lieu thereof the
following:
Sec. 1. 21 V.S.A. § 302 is amended to read:
§ 302. Definitions
   For the purposes of this subchapter:
    "Employer" as used in this subchapter shall mean and include an individual,
a partnership, an association, a corporation, a legal representative, trustee,
receiver, trustee in bankruptcy, and any common carrier by rail, motor, water,
air or express company doing business in or operating within the state. means
any individual, organization, or governmental body including any partnership,
association, trustee, estate, corporation, joint stock company, insurance
company, or legal representative, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee or successor thereof, and any common carrier by
mail, motor, water, air or express company doing business in or operating
within this state, and any agent of such employer, which has one or more
individuals performing services for it within this state.
   "Employee" shall mean and include every person who may be permitted,
required or directed by any employer, as defined in this section in
consideration of direct or indirect gain or profit, to engage in any employment.
means every person who may be permitted, required or directed by any
employer, in consideration of direct or indirect gain or profit, to perform
services.
Sec. 2. 21 V.S.A. § 305 is added to read:
§ 305. NURSING MOTHERS IN THE WORKPLACE
   (a) For an employee who is a nursing mother, the employer shall for three
years after the birth of a child:
      (1) provide reasonable time, either compensated or uncompensated,
throughout the day to express breast milk for her nursing child. The decision
to provide compensated time shall be in the sole discretion of the employer,
unless modified by a collective bargaining agreement; and
      (2) make a reasonable accommodation to provide appropriate private
space that is not a bathroom stall.
   (b) An employer may be exempted from the provisions of subsection (a) of
this section if providing time or an appropriate private space for expressing
breast milk would substantially disrupt the employer’s operations.
610                      JOURNAL OF THE SENATE
  (c) An employer shall not retaliate or discriminate against an employee
who exercises the right provided under this section.
    (d) In lieu of an enforcement action through the Vermont Judicial Bureau,
the attorney general or a state’s attorney may enforce the provisions of this
subchapter by bringing a civil action for temporary or permanent injunctive
relief, economic damages, including prospective lost wages for a period not to
exceed one year, investigative and court costs. The attorney general or a
state’s attorney may conduct an investigation of an alleged violation and enter
into a settlement agreement with the employer. Such investigation shall not be
a prerequisite to bringing a court action.
Sec. 3. 21 V.S.A. § 303 is amended to read:
§ 303. PENALTY; JUDICIAL BUREAU
   Any employer who violates the provisions of this subchapter shall be fined
assessed a civil penalty of not more than $100.00 for each and every violation.
Sec. 4. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
                                     ***
  (b) The judicial bureau shall have jurisdiction of the following matters:
                                     ***
      (14) Violations of 21 V.S.A. chapter 5, subchapter 1, relating to
conditions for employment.
  And that the bill ought to pass in concurrence with such proposal of
amendment.
  Thereupon, the bill was read the second time by title only pursuant to
Rule 43, the proposal of amendment was agreed to, and third reading of the bill
was ordered.
   Thereupon, on motion of Senator Shumlin, the rules were suspended and
the bill was placed on all remaining stages of its passage in concurrence with
proposal of amendment forthwith.
   Thereupon, the bill was read the third time and passed in concurrence with
proposal of amendment.
             Proposals of Amendment; Third Readings Ordered
                                     H. 884.
  Senator Nitka, for the Committee on Education, to which was referred
House bill entitled:
                          TUESDAY, APRIL 15, 2008                          611
   An act relating to ensuring quality in prekindergarten education programs
offered by or through school districts.
    Reported recommending that the Senate propose to the House to amend the
bill as follows:
    First:   In Sec. 2, subsection (a) by striking out the words “any
prekindergarten education program offered by a school district” and inserting
in lieu thereof the words any prekindergarten education program operated by a
school district or by a private provider on behalf of a school district
   Second: By adding a new section to be Sec. 3 to read:
Sec. 3. Sec. 15 of No. 62 of the Acts of 2007 is amended to read:
Sec. 15. EFFECTIVE DATES
   This act shall take effect on July 1, 2007, except that the rules required by
Sec. 3 of this act shall apply beginning in the 2008–2009 academic year. A
prekindergarten education program operated by a school district or by a private
provider on behalf of a school district that was operating on or before
October 1, 2008 shall have one year from the effective date of the rules
required by Sec. 3 of this act to achieve full compliance with provisions in the
rules related to conducting child development assessments and governing the
manner in which school districts and private providers establish and negotiate
contract payments.
  And that the bill ought to pass in concurrence with such proposals of
amendment.
   Thereupon, the bill was read the second time by title only pursuant to
Rule 43, the proposals of amendment were collectively agreed to, and third
reading of the bill was ordered.
Rules Suspended; Third Reading Ordered; Rules Suspended; Bill Passed
                          in Concurrence
                                     H. 664.
   Appearing on the Calendar for notice, on motion of Senator Shumlin, the
rules were suspended and House bill entitled:
   An act relating to unemployment insurance.
   Was taken up for immediate consideration.
   Senator Illuzzi, for the Committee on Economic Development, Housing and
General Affairs, to which the bill was referred, reported that the bill ought to
pass in concurrence.
612                      JOURNAL OF THE SENATE
  Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
   Thereupon, on motion of Senator Shumlin, the rules were suspended and
the bill was placed on all remaining stages of its passage in concurrence
forthwith.
  Thereupon, the bill was read the third time and passed in concurrence.
                     Rules Suspended; Bills Messaged
    On motion of Senator Shumlin, the rules were suspended, and the following
bills were ordered messaged to the House forthwith:
  S. 45; H. 636; H. 641; H. 664; H. 764; H. 862; H. 883.
                               Adjournment
  On motion of Senator Shumlin, the Senate adjourned until twelve o’clock
noon.

								
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