Get documents about "Bill of Sale Templates Used Car
Description
Bill of Sale Templates Used Car document sample
Document Sample
House Calendar
WEDNESDAY, FEBRUARY 23, 2000
51st DAY OF ADJOURNED SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Third Readings
H. 316
An act relating to preventing watercourses from flooding.
H. 474
An act relating to assistive technology device warranties.
Amendment to be offered by Rep. Milkey of Brattleboro to H. 474
Moves the bill be amended as follows:
First: At the end of Sec. 2, 9 V.S.A. § 41c, by adding subsection (g) to read
as follows:
(g) A violation of this section is deemed to be an unfair or deceptive act or
practice in commerce and a violation of chapter 63 of this title and all remedies
and penalties available to a consumer or the attorney general under that chapter
shall apply.
Second: By adding Sec. 3 to read as follows:
Sec. 3. EFFECTIVE DATE
This act shall apply to assistive technology devices purchased, leased, or
transferred to a consumer after July 1, 2000.
Favorable with Amendment
H. 597
An act relating to children working at baseball games.
Rep. Flory of Pittsford, for the Committee on General, Housing and
Military Affairs, recommends the bill be amended as follows:
by striking Sec. 2 in its entirety and inserting in lieu thereof the following:
- 266 -
Sec. 2. 21 V.S.A. § 434 is amended to read:
§ 434. EMPLOYMENT OF CHILDREN UNDER SIXTEEN
A child under sixteen 16 years of age shall not be employed more than eight
hours in any day, or more than six days in any week, or earlier than six o'clock
in the morning, or after seven o'clock at night. However, in the case of a child
employed as an actor or performer in motion pictures, theatrical productions,
radio or television, or employed as a baseball bat girl or bat boy, the child may
be employed until midnight or after midnight if a parent or guardian and the
commissioner of labor and industry have consented in writing. The
department shall adopt rules regarding the permissible duties of a baseball bat
girl or bat boy. The provisions of this section shall not apply to employment at
work connected with agriculture or domestic service.
(Committee vote: 11-0-0)
H. 699
An act relating to solid waste variances, solid waste planning and the
regulation of toxics used in packaging.
Rep. Nuovo of Middlebury, for the Committee on Natural Resources and
Energy, recommends the bill be amended as follows:
First: in Sec. 2, 24 V.S.A. §2202a(c)(2), on line 14, after the number “1990”,
by inserting the following: ,
Second: by striking Sec 3 and inserting in lieu thereof the following:
Sec. 3. 10 V.S.A. § 8003(a) is amended to read:
(a) The secretary may take action under this chapter to enforce the
following statutes:
***
(18) 24 V.S.A. § 2202a, relating to the responsibilities of municipalities
regarding solid waste.
Third: in Sec. 6, 10 V.S.A. §6620a(f)(6),on page 10, line 10, in the sentence
that begins with the word, “Upon” by striking the word “maybe” and by
inserting in lieu thereof the words may be
(Committee vote: 9-1-1)
Amendment to be offered by Rep. Pike of Mendon to H. 699
Moves the bill be amended by adding a new Sec. 8 to read:
Sec. 8. 10 V.S.A. § 6621 is amended to read:
- 267 -
§ 6621. CONSUMER INFORMATION
(a) To the extent funds are available, the secretary of natural resources shall,
in consultation with Vermont retailers and the solid waste districts and regions,
establish a program to:
(1) provide information to retailers with respect to the hazardous
products specified in subsection (c) of this section and alternatives to those
products;
(2) approve labels for retail use with respect to the hazardous products;
(3) provide pamphlets for consumers, to be made available by retailers at
the point of sale, describing the toxicity of these hazardous products and
alternative products;.
(4) require that retail establishments have these labels in place on
shelves, or in the immediate vicinity of hazardous products, within nine
months of the establishment of the program.
(b) The commissioner of agriculture, food and markets shall establish a
companion program for pesticides and commercial fertilizers.
(c) "Hazardous products" for the purposes of this section are as follows:
(1) All motor oil products including, but not limited to, transmission
fluid, engine lubricants, oil, and transmission fluid additives;
(2) All types of gas treatments and gas line freeze-up products;
(3) Engine cleaners and solvents;
(4) Shoe polishes, floor waxes, car waxes, furniture polishes, spray dust
cleaners, furniture stains;
(5) Mineral spirits, turpentine, alcohols not for human consumption,
cresol, naphtha;
(6) Paints, whether for brush or spray, aerosol paints, lacquers and
thinners (except water);
(7) Drain cleaners, toilet bowl cleaners, oven cleaners;
(8) Spot and stain removers with petroleum base;
(9) Petroleum based fertilizer;
(10) Pesticides coming within the definition of 6 V.S.A. § 911(5);
(11) Lead-acid batteries, pool chemicals, photographic chemicals,
antifreeze, wood preservatives, windshield wiper solution, most glues and
adhesives, self-lighting charcoal, charcoal lighter, butane lighters, all aerosols
(except personal care products).
(d) The secretary, by means of procedures under 3 V.S.A. chapter 25, may
add to or delete from the list established under subsection (c) of this section, as
deemed necessary. Similarly, the secretary may delete from the list specific
products that do not include a hazardous chemical, as defined in 18 V.S.A. §
1722.
(e) Retailers shall comply with the requirements of this section.
Sec. 9. AGENCY REPORT ON HAZARDOUS PRODUCTS
- 268 -
The secretary of natural resources, by no later than January 5, 2002,
shall present the general assembly with recommendations regarding the
following:
(1) updating the list of hazardous products established in 10 V.S.A. §
6621(c);
(2) the establishment of a program that would educate consumers regarding
alternatives to hazardous products, and the use of less toxic household
products.
For Action Under Rule 52
J. R. H. 189
Joint resolution in memory Stephen James.
J. R. H. 190
Joint resolution designating the week of March 13, 2000 as teach census
week.
J. R. H. 191
Joint resolution designating September 15, 2000 as legislators back to
school day.
(For text see House Journal 2-22-00)
NOTICE CALENDAR
Favorable with Amendment
H. 43
An act relating to driver licenses.
Rep. Lafayette of Burlington, for the Committee on Ways and Means,
recommends the bill be amended as follows:
Sec. 1. 23 V.S.A. 115 is amended to read:
§ 115. NONDRIVER IDENTIFICATION CARDS
(a) Any Vermont resident may make application to the commissioner and
be issued an identification card which is attested by the commissioner as to
true name, correct age, a photograph or imaged likeness of the applicant, and
any other identifying data as the commissioner may require which shall
include, in the case of minor applicants, the written consent of the applicant’s
parent, guardian or other person standing in loco parentis. Every application
for an identification card shall be signed by the applicant and shall contain
such evidence of age and identity as the commissioner may require. The
- 269 -
commissioner shall require payment of a fee of $10.00 $15.00 at the time
application for an identification card is made.
(b) Every identification card shall expire, unless earlier cancelled canceled,
on the fourth birthday of the applicant following the date of original issue, and
may be renewed every four years upon payment of a $10.00 $15.00 fee.
(c) In the event an identification card is lost, destroyed, mutilated, or a new
name is acquired, a replacement may be obtained upon furnishing satisfactory
proof to the commissioner and paying a $5.00 $10.00 fee.
(d) The identification card shall bear the following notice: "For
identification purposes only."
(e) The holder of an identification card shall notify the commissioner of
motor vehicles, in writing, of a change in address within 30 days after the
change is made.
(f) The commissioner shall cancel the identification card if the card is
fraudulently obtained, altered or misused.
(g) The identification card may, if requested, contain a photograph. The
photographic identification card shall be available at a location designated by
the commissioner. The additional fee shall be $5.00.
Sec. 2. 23 V.S.A. § 601 is amended to read:
§ 601. LICENSE REQUIRED
(a) A resident who intends to operate motor vehicles shall procure a proper
license so to do. Nonresidents may procure operators' licenses as provided in
this title for the licensing of nonresidents. All operator licenses issued under
this chapter shall expire every four years at midnight on the eve of the
anniversary of the date of birth of the applicant at the end of the term for which
they were issued. All junior operator licenses shall expire every two years at
midnight on the eve of the anniversary of the date of birth of the applicant at
the end of the term for which they were issued. A person born on February 29
shall, for the purposes of this section, be considered as born on March 1.
(b) The commissioner shall, at least fifteen 30 days before the quadrennial
birth anniversary of each operator licenseholder on which the license is
scheduled to expire and biennially for each junior operator licenseholder, mail
first class, to the licensee an application for renewal of license. A person shall
not operate a motor vehicle unless properly licensed so to do, except as
provided in this chapter.
(c) Notwithstanding the provisions of this section, a licensee may request a
biennial an eight-year license renewal. The application for renewal shall be
- 270 -
mailed first class by the commissioner to the licensee at least fifteen days
before the biennial birth anniversary of the licensee. The fee for a license
issued pursuant to this subsection shall be $12.00. The fee for a four-year
operator’s license shall be $25.00 and for an eight-year operator’s license,
$45.00. The two-year fee for a junior operator’s license shall be $20.00. An
additional fee of $1.00 per year shall be paid for a motorcycle endorsement.
The endorsement may be obtained for either a four-year or eight-year period,
to be coincidental with the length of the operator’s license.
(d) The commissioner may, in his or her discretion, determine that certain
types of motor vehicles require that an operator possess specialized skill or
knowledge to operate those vehicles so that the public safety may not be
endangered. If he or she the commissioner so determines, he or she may
prescribe different classes of licenses for the operation of particular types of
vehicles. The commissioner is authorized to make rules prescribing forms and
procedures for applications, license classifications, restrictions, endorsements,
examinations, driver training requirements, and disqualifications consistent
with this title as necessary to carry out the provisions of this section.
(e) A mo-ped may be operated only by a licensed driver at least 16 years of
age.
Sec. 3. 23 V.S.A. § 605 is amended to read:
§ 605. LICENSE REFUSED BECAUSE OF UNSATISFIED JUDGMENT
A license shall not be issued to a person Upon not less than 15 days’ notice
and the opportunity for a hearing, the commissioner shall suspend the license
of an operator or the privilege of an unlicensed person or nonresident to
operate a motor vehicle against whom there is an outstanding unsatisfied
judgment of a court of competent jurisdiction within this state, for damages
arising out of a motor vehicle accident, and based upon any violation of the
provisions of this title.
Sec. 4. 23 V.S.A. § 610 is amended to read:
§ 610. LICENSE CERTIFICATES
(a) The commissioner shall assign a distinguishing number to each licensee
and shall furnish him or her a license certificate, showing the number, his or
her full name, date of birth, a brief description, a color photograph or imaged
likeness, and mailing address and with a space for the signature of the licensee
for the purposes of identification. The license shall be void until the signature
of the licensee is affixed to it.
(b) A junior operator license shall be distinguished from an operator license
in the manner determined by the commissioner.
- 271 -
Sec. 5. 23 V.S.A. § 613 is amended to read:
§ 613. DUPLICATE LICENSE
(a) In case of the loss, mutilation or destruction of a license certificate, the
licensee shall forthwith notify the commissioner who shall furnish such
licensee with a duplicate certificate on receipt of $5.00 $10.00. A corrected
license certificate shall be furnished by the commissioner upon request and
receipt of a fee of $5.00 $10.00.
(b) A duplicate license certificate shall not be issued to any person who has
surrendered his or her license to another jurisdiction in connection with
obtaining a license in that jurisdiction.
Sec. 6. 23 V.S.A. § 617(d) and (e) are amended to read:
(d) An applicant shall pay $7.00 $10.00 to the commissioner for each
learner's permit that is not a motorcycle learner’s permit or a duplicate or
renewal thereof.
(e) A learner's permit which is not a learner's permit for the operation of a
motorcycle, may, if requested, shall contain a photograph or imaged likeness
of the person. The photographic learner's permit shall be available at a
location designated by the commissioner. The additional fee shall be $5.00.
Sec. 7. 23 V.S.A. § 631 is amended to read:
§ 631. REQUIREMENTS; REGULATIONS
(a) The commissioner may make regulations adopt rules governing the
examination of new applicants for operators' licenses and may prescribe what
shall be requisite to obtaining or holding a license, by either an old or a new or
renewal applicant, as to driving experience, mental and physical qualifications,
and any other matter or thing which, in his or her judgment, will contribute to
the selection of safe and efficient operators.
(b) Every person applying for a renewal of an operator license and every
person applying for a license in this state for the first time shall be required to
take and successfully pass a test of visual acuity.
Sec. 8. 23 V.S.A. § 634 is amended to read:
§ 634. FEE FOR EXAMINATION
The fee for a road test and accompanying oral or written an examination for
a learner’s permit shall be $15.00 $10.00. The fee for the first an examination
to obtain an operator’s license when the applicant is required to pass an
examination pursuant to section 632 of this title, and $10.00 for any additional
examination, and shall be paid in advance and a receipt given therefor. A
- 272 -
duplicate receipt together with fee collected shall be immediately sent to the
commissioner by the examiner shall be $5.00.
Sec. 9. 23 V.S.A. § 4108(e)(2) is amended to read:
(2) the commercial driver instruction permit shall be issued for a period
of six months for a fee of $12.00 which shall include the additional fee for a
photograph established pursuant to section 610b of this title. Only one renewal
or re-issuance may be granted within a two-year period. The holder of a
commercial driver instruction permit may, unless otherwise disqualified, drive
a commercial motor vehicle on a highway only when accompanied by the
holder of a commercial driver license valid for the type of vehicle driven who
occupies a seat beside the individual for the purpose of giving instruction in
driving the commercial motor vehicle.
Sec. 10. 23 V.S.A. § 4110(a)(8) and (b) are amended to read:
(8) The application shall be accompanied by the proper fee. The
quadrennial fee shall be $60.00 $65.00. The biennial fee shall be $40.00
$45.00. The additional fee for a photograph on the license established
pursuant to section 610b of this title shall also accompany the application. In
those instances where the applicant surrenders a valid Vermont Class D
license, the total fees due shall be reduced by:
(A) one-quarter of the quadrennial fee established by section 608 601
of this title for each remaining full year of validity; or
(B) one-half of the biennial fee established by section 608 of this title
paid for each remaining full year of validity; or
(C) one-eighth of the octennial fee paid for each remaining full year
of validity.
(b) When a licensee or permittee changes his or her name, mailing address
or residence or in the case of the loss, mutilation or destruction of a license or
permit, the licensee or permittee shall forthwith notify the commissioner and
apply in person for a duplicate license or permit in the same manner as set
forth in subsection (a) of this section. The fee for a duplicate license or permit
shall be $5.00 which shall include the additional fee for a photograph
established pursuant to section 610b of this title $10.00.
Sec. 11. REPEAL
23 V.S.A. §§ 608 (license fees), 610a (colored license for minors), and 610b
(photograph on license) are hereby repealed.
Sec. 12. IMPLEMENTATION
- 273 -
For the purposes of implementation of this act, from January 1, 2001
through December 31, 2004, an operator with a date of birth in the odd years
will obtain a four-year renewal license. An operator with a date of birth in the
even years will obtain an eight-year renewal license.
Sec. 13. EFFECTIVE DATE
This act shall take effect January 1, 2001.
(Committee vote: 10-0-1)
Rep. Hooker of Rutland City, for the Committee on Transportation,
recommends the bill ought to pass when amended as recommended by the
Committee on Ways and Means and when further amended as follows:
First: In Sec. 1, 23 V.S.A. § 115(a), by striking the following: “, a
photograph or imaged likeness of the applicant,” and in subsection (c), by
striking “$10.00” and inserting in lieu thereof “$15.00”and in subsection (g) by
striking the strike-through up to and including the first period and by adding a
new subsection (h) to read as follows:
(h) At the option of the applicant, his or her valid Vermont license may be
surrendered in connection with an application for an identification card. In
those instances, the fee due under subsection (a) of this section shall be
reduced by:
(1) one-quarter of the four-year fee established by subsection 601(c) of
this title for each remaining full year of validity; or
(2) one-half of the two-year fee paid for each remaining full year of
validity; or
(3) one-eighth of the eight-year fee paid for each remaining full year of
validity.
Second: In Sec. 2, 23 V.S.A. § 601(c), first sentence, by striking the
following: “Notwithstanding the provisions of this section, a” and inserting in
lieu thereof the following: “A”
Third: In Sec. 4, 23 V.S.A. § 610(a), by striking the following: “a color
photograph or imaged likeness,”
Fourth: In Sec. 6, by striking 23 V.S.A. § 617(e) and inserting in lieu
thereof a new subsection (e) to read as follows:
(e) A learner’s permit which is not a learner’s permit for the operation of a
motorcycle, may, if requested, contain a photograph or imaged likeness of the
person. The photographic learner’s permit shall be available at a location
designated by the commissioner. The additional fee shall be $5.00.
- 274 -
Fifth: In Sec. 7, 23 V.S.A. § 631(b), by adding a new sentence at the end of
the subsection to read as follows: In lieu of the examination, an applicant may
submit the written results of a visual acuity examination performed by an eye
care professional within one year preceding the date of the application.
Sixth: In Sec. 10, by striking 23 V.S.A. § 4110(a)(8) and inserting in lieu
thereof a new subdivision (8) to read as follows:
(8) The application shall be accompanied by the proper fee. The
quadrennial four-year fee shall be $60.00 $65.00. The biennial two-year fee
shall be $40.00 $45.00. The additional fee for a photograph on the license
established pursuant to section 610b of this title shall also accompany the
application. In those instances where the applicant surrenders a valid Vermont
Class D license, the total fees due shall be reduced by:
(A) one-quarter of the quadrennial four-year fee established by
section 608 601 of this title for each remaining full year of validity; or
(B) one-half of the biennial two-year fee established by section 608
of this title paid for each remaining full year of validity; or
(C) one-eighth of the eight-year fee paid for an operator’s license for
each remaining full year of validity.
(Committee vote: 11-0-0)
H. 63
An act relating to health care information.
Rep. Koch of Barre Town, for the Committee on Health and welfare,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. POLICY AND PURPOSE
(a) It is the policy of the state that:
(1) Individually identifiable health care information is the property of
the individual who is the subject of the information and may be used only for
purposes authorized by law.
(2) Individually identifiable health care information shall not be
disclosed without the prior authorization of the individual except as otherwise
permitted, authorized or required by law.
(3) Nothing in this act shall be construed to preclude a custodian from
retaining a record of health care information.
(b) It is the purpose of this act to clarify the law relating to:
- 275 -
(1) Individual privacy and access to personal health care information.
(2) The legal responsibilities of persons who obtain and use health care
information for lawful purposes, including health care providers, health care
facilities, insurance companies and employers, to maintain the security and
confidentiality of health care information during its acquisition, storage,
disclosure and disposition.
(3) The creation, maintenance, storage and dissemination of health care
information.
Sec. 2. 18 V.S.A. chapter 221, subchapter 9 is added to read:
Subchapter 9. Health Care Information Practices
§ 9461. DEFINITIONS
For the purposes of this subchapter,
(1) “Amend” means to indicate one or more disputed entries in health
care information or to change the entry without obliterating the original
information.
(2) “Custodian” means any person who obtains health care information
for any lawful purpose including a health care provider, health care facility or
health insurer that creates, controls or retains health care information.
“Custodian” includes natural persons only in regard to health care information
obtained in the course of their employment, agency or performance of services
or activities for a custodian.
(3) “Disclosure” means the release of health care information, except a
release to the individual who is the subject of the health care information, in
any manner, including any subsequent release of health care information by a
person to whom health care information was disclosed.
(4) “Health care” means any preventive, diagnostic, therapeutic,
rehabilitative, surgical, maintenance or palliative care, counseling, service or
procedure provided to an individual for the individual’s physical or mental
condition or the structure or function of any part of the human body, including
the sale or dispensing of medication or durable goods pursuant to a
prescription.
(5) “Health care facility” means any business organization and its
employees, including a facility or institution, whether public or private,
proprietary or not-for-profit, that offers health care to two or more unrelated
persons, in an inpatient, outpatient or ambulatory care setting.
(6) “Health care information” or “information” means any data or
information, whether oral or recorded, in any form or medium, that directly
- 276 -
identifies the individual or can reasonably identify the individual by reference
to publicly available information and has not been made anonymous by the
removal of personal identifiers and any other means of directly identifying or
contacting the individual by encrypting the identifiers or replacing them with a
code such that the identity of the individual is not apparent, but the individual’s
identity may be determined by using the encryption key or decoding system,
and that relates to the individual’s health history, health care or health status.
(7) “Health care provider” or “provider” means a natural person who is
licensed, certified or authorized by law to provide professional health care in
this state to an individual during that person’s health care, treatment or
confinement and employee or an agent who, in the course of employment,
obtains health care information for the health care provider or any natural
person who is providing direct health care to the individual under the
supervision of a health care provider.
(8) “Health care record” means all written and recorded health care
information about an individual maintained by a custodian.
(9) “Health insurer” means an insurance company that offers health
insurance, as defined in 8 V.S.A. § 4061, to the public; a nonprofit hospital and
medical service corporation; a managed care organization, as defined in section
9402 of this title; and any administrator of an insured, self-insured or publicly
funded health care benefit plan offered by a public or private entity.
(10) “Individual” means a natural person, alive or dead, who is the
subject of health care information and includes, when appropriate, the
individual’s attorney-in-fact, health care agent, legal guardian, executor or
administrator.
§ 9462. DISCLOSURE OF HEALTH CARE INFORMATION;
GENERALLY
(a) Health care information shall be confidential and shall not be disclosed
by any custodian except as provided in this subchapter, or as otherwise
permitted, authorized or required by law. A disclosure of health care
information by any custodian shall be limited to:
(1) Persons who require the health care information for a lawful purpose
provided the purpose is not to market goods, services or insurance products,
unless the individual provides clear and conspicuous written consent.
(2) The minimum amount of information reasonably necessary to
accomplish the lawful purpose for the disclosure.
(b) A custodian shall not disclose health care information for the purpose of
marketing goods, services or insurance products to other persons or to
- 277 -
corporate affiliates of the custodian, unless the individual provides clear and
conspicuous written consent.
(c) A custodian that is a health care provider, health care facility or health
insurer shall document in writing all disclosures made to any person who is not
in an agency, employment or independent contractor relationship with the
custodian, and that documentation shall be retained in the individual’s health
care record. A written documentation of disclosures shall include the
following information:
(1) The name, address and institutional affiliation, if any, of the person
to whom the health care information is disclosed.
(2) The date and purpose of the disclosure.
(3) A description of the health care information disclosed.
(4) The authority for the disclosure.
(d) Documentation of disclosures between health care providers for the
purpose of providing health care to an individual may be limited to the name of
the provider to whom health care information is disclosed and the date of the
disclosure.
(e) No person to whom health care information is disclosed may use the
information for any purpose other than the lawful purpose for which it was
disclosed.
(f) The provisions of this subchapter shall not be construed to limit or
expand access to or use of health care information by law enforcement officials
when acting within the scope of their official duties involving the investigation
and prosecution of state or federal crimes.
(g) No provision of this subchapter shall:
(1) affect any state or federal law that:
(A) restricts to a greater extent the disclosure of specific health care
information to a person other than the individual; or
(B) permits, authorizes or requires the disclosure of health care
information.
(2) be construed to be or to operate as a waiver of the individual's
confidentiality rights or privileges provided by federal or state laws, common
law or rules of evidence.
§ 9463. AUTHORIZATION FOR DISCLOSURE; VALIDITY;
REVOCATION
- 278 -
(a) A custodian shall disclose health care information only pursuant to a
valid authorization from the individual, except as provided by this subchapter
or otherwise permitted, authorized or required by law.
(b) An authorization to disclose health care information shall be retained as
part of the individual’s health care record. An authorization shall be valid if it
is in writing or in electronic form and includes all the following:
(1) The identity of the individual.
(2) A description of and the time frame covered by the health care
information to be disclosed.
(3) The name and address of the person to whom the health care
information is to be disclosed. An authorization provided to a health insurer to
support payment of benefits under a health insurance policy is not required to
include the names and addresses of agents or contractors of the insurer.
(4) The purpose of the disclosure and, to the extent known, the scope of
any further disclosures that may be made to carry out the lawful purpose for
which the disclosure is requested, provided those disclosures are not otherwise
prohibited by law.
(5) A statement of any restrictions that the individual may impose
relating to disclosure of information related to specific health conditions.
(6) The signature of the individual and the date signed or, if in electronic
form, a unique identifier of the individual and the date the individual
authenticated the electronic authorization. For the purposes of an authorization
provided to support an application for a health insurance policy or a claim for
health insurance benefits, the signature of the named insured shall be deemed
the signature of all individuals covered under the health insurance policy.
(7) A statement that informs the individual that he or she may revoke the
authorization at any time subject to the rights of:
(A) Any person who acted in reliance on the authorization prior to
revocation.
(B) Any law enforcement personnel engaged in the prosecution or
investigation of a crime to continue to use any information obtained prior to
revocation for the purpose of the prosecution or investigation.
(c) An authorization to provide or pay for health care shall be on a separate
document.
(d) An authorization may specify a duration of validity, but in no event
shall an authorization be valid for longer than one year except for one of the
following purposes:
- 279 -
(1) To support payment of benefits under a health insurance policy, in
which case the authorization shall remain valid during the entire term of the
policy and during the term of any subsequent health insurance policy that
covers the individual and is sponsored by the same employer.
(2) To support a claim or action for damages, benefits or compensation
brought by the individual, in which case the authorization shall remain valid
during the pendency of the claim.
(3) To support an application for a health, life or disability insurance
policy, reinstatement of a policy or a change in benefits under an existing
policy, in which case the authorization shall remain valid for 30 months, or
until the application is denied, whichever occurs first.
(4) To support or facilitate ongoing management of a chronic condition
or illness or rehabilitation from an injury.
(e) An individual may revoke an authorization at any time, subject to the
rights of any person who acted in reliance on the authorization prior to
revocation. A revocation is also subject to the right of any law enforcement
personnel engaged in prosecution or investigation of a crime to use any
information obtained prior to revocation for the purpose prosecuting or
investigating the crime. A revocation of an authorization shall be valid if it is
in writing or in electronic form and complies with subdivision (b)(5) of this
section. A revocation of an authorization shall be retained in the individual’s
health care record.
(f) The delivery to a third party of a prescription or counseling related to
the dispensing of the prescription, based on a verbal request from the
individual for whom the prescription was issued, shall not be treated as a
disclosure of health care information.
§ 9464. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION
(a) A custodian may, but is not required to, disclose health care information
without authorization in the following circumstances:
(1) Among health care providers who are providing health care to the
individual and any referring health care providers to the extent the information
is necessary to provide appropriate ongoing health care.
(2) Among a custodian and an agent, employee or independent
contractor of the custodian in order to carry out the custodian’s lawful
purposes, including delivery of health care, risk management, quality
assurance, utilization review and peer review activities and activities that
support the processing and payment of health insurance claims.
- 280 -
(3) Between a custodian and a public or private program authorized by
statute or regulation to perform peer review, utilization review or assessment,
evaluation or investigation of the quality of health care provided by a
custodian.
(4) To a health care provider, a member of the individual’s immediate
family or a person with whom the individual is known to have a close personal
relationship when the individual lacks the capacity to consent and the
disclosure is made in accordance with good professional practice by a health
care provider and is necessary to provide appropriate health care to the
individual, to the extent that the disclosure has not been limited or prohibited
by the individual prior to the incapacity of the individual.
(5) To a successor in interest of a custodian that is a health care provider
or health care facility, provided the custodian gives the individual notice of the
disclosure and an opportunity to designate a different provider or facility to
receive the health care information at least 30 days prior to the disclosure.
Notice under this subdivision shall not be required of a custodian that only
sells pharmaceuticals or health care equipment and devices, or both.
(6) To provide necessary health care information about an individual
who is a donor or a potential donor of an anatomical gift, and who is deceased,
or who is facing imminent and certain death and lacks the capacity to consent,
for the purposes of effecting that gift in accordance with chapter 109 of this
title.
(7) To conduct a scientific research project that has been approved by an
institutional review board, which, for the purposes of this subdivision, means
any board, committee or other group formally designated by a health care
facility or authorized under federal law to review, approve or conduct periodic
review of research programs, provided that the project:
(A) contains adequate safeguards to assure that any information in
any report of the research project does not identify the individual, directly or
indirectly, through reference to publicly available information; and
(B) does not require direct contact with an individual unless the
individual has received notice from the custodian disclosing the information
that such contact is possible and has authorized the contact.
(8) The disclosure is limited to directory information, and the individual
lacks the capacity to consent to the disclosure, unless the individual has
restricted that disclosure. For the purposes of this subdivision, “directory
information” means information about the presence of an individual at a
hospital as a patient and the general physical health condition of the individual
who is an inpatient or is receiving emergency health care in a health care
- 281 -
facility. “General health condition” means the individual’s general health
condition or status described as “critical,” “poor,” “fair,” “good,” “excellent”
or in other terms that denote similar conditions.
(9) To the department of corrections and its service providers in the
performance of the department’s statutorily and constitutionally required duties
to provide health care to inmates. Upon request, an inmate shall be provided
with a copy of his or her health care record maintained by the department of
corrections or by a contractor of the department that is a health care provider
that has provided health care to the inmate.
(10) To any professional licensing, registration or certification authority
in response to a complaint from the individual.
(11) From an emergency medical technician to law enforcement officers
to the extent the information is relevant to a criminal investigation and was
obtained by the emergency medical technician by observation of the individual
or by hearing a spontaneous and unsolicited utterance from the individual.
(12) Among property and casualty insurers, reinsurers, insurer data
bases and anti-fraud organizations and their agents, employees or contractors,
in order to carry out the insurer’s lawful purposes.
(b) Nothing in this section shall be interpreted to supersede any statutory or
ethical standard of professional conduct that restricts disclosures to a greater
extent.
§ 9465. MANDATORY DISCLOSURES
(a) A custodian shall disclose health care information in the following
circumstances:
(1) The disclosure is to a federal or state agency to conduct a lawful
audit, evaluation, investigation or prosecution of insurance fraud or a violation
of any law relating to the provision of health care or the payment for health
care by a health care provider, health care facility or health insurer. Health
care information disclosed under this subdivision may not be used in any
criminal, civil, administrative or disciplinary action or investigation against the
individual unless the action or investigation involves the individual
as a participant with the health care provider, health care facility or health
insurer in a violation under this subdivision.
(2) The disclosure is to federal, state, county or municipal governmental
authorities to the extent the custodian disclosing the health care information is
required by any law to report health care information or to disclose health care
information to determine compliance with federal or state laws or regulations
relating to professional licensure, certification or registration.
- 282 -
(3) The disclosure is to a state or federal governmental authority, as
required by law, to perform a financial audit, quality assurance review or
utilization review.
(4) When a custodian who is a health care provider currently providing
health care to an individual has determined, based on reasonable professional
judgment, that the individual threatens imminent serious r physical injury to
any other reasonably identifiable natural person, or if the individual is a minor
who poses an imminent substantial risk of serious physical injury to himself or
herself, and the individual has the intent and ability to carry out the threat in
the foreseeable future, the custodian shall disclose health care information to
the minimum number of persons necessary in order to avoid or minimize the
risk. The custodian shall inform the individual of any disclosures made
pursuant to this subdivision as soon as reasonably practicable consistent with
good professional. Absent an express intention and apparent ability to infect
another person, the presence of an infectious disease shall not constitute a risk
of danger for the purposes of this subdivision. Health care information
disclosed under this subdivision may be used only for the limited purpose of
avoiding or minimizing the risk. Health care information disclosed under this
subdivision shall not be used in any criminal, civil, administrative or
disciplinary action or investigation against the individual. Disclosures made
pursuant to this subdivision shall be documented as required by subsection
9462(b) of this title.
(5) The disclosure is based on a reasonable belief by a health care
provider who has provided health care to the individual that the information is
needed for one of the following purposes:
(A) To identify a deceased individual.
(B) To determine the cause and manner of death by a chief medical
examiner or the medical examiner’s designee.
(6) When a health care provider currently providing treatment to the
individual determines that the individual lacks the capacity to make health care
decision, the health care provider shall immediately notify the individual’s
agent under a durable power of attorney for health care, or any similar legal
document, of the individual’s location and condition.
(b) Documentation as required by section 9462(b) of this title is not
required for disclosures made pursuant to subdivisions (a)(1), (2), (3) or (5) of
this section.
§ 9466. INDIVIDUAL RIGHT TO ACCESS TO HEALTH CARE
INFORMATION; DENIAL
- 283 -
(a) An individual shall have access at reasonable times and places to view
his or her health care record maintained by a custodian, but in no event later
than two business days after a written or oral request if the record is stored on
the custodian’s premises. If the record is stored off-premises, the custodian
shall provide the record as soon as possible, but in no event later than five
business days after the oral or written request.
(b) No later than 10 business days after receipt of a written request from an
individual or from an authorized person to receive a copy of an individual’s
health care record, a custodian shall:
(1) Provide to the individual, in the format requested, a copy of the
health care record. If a custodian does not maintain the information in the
format requested, the custodian is not required to reformat an existing health
are record; or
(2) Notify the individual that:
(A) the custodian does not have access to the record and, if known,
the name and address of the custodian of the requested record or when the
record will be available; or
(B) access to the record is delayed due to circumstances that are
beyond the control of the custodian and the time when the record will be
available which shall not be later than an additional 20 days.
(c) A custodian shall provide an explanation of any code, abbreviation,
term or notation used by that custodian in the health care record on request by
the individual.
(e) The custodian may charge a fee that is no more than $5.00 or $0.50 per
page, whichever is greater for providing copies of the individual’s health care
record. The custodian shall provide a detailed bill accounting for the charges
to the individual. A custodian shall not charge for providing copies of any
health care record requested to support a claim or an appeal under any
provision of the Social Security Act or for any other federal or state needs
based benefit.
§ 9467. RIGHT TO AMEND HEALTH CARE INFORMATION
(a) A custodian shall not delete, erase or obliterate health care information
maintained pursuant to subsection 9471(b) of this title.
(b) An individual may request in writing that a custodian amend the
individual’s health care information in order to improve the accuracy or
completeness of the information, provided that the original information is not
deleted, erased or obliterated. Within 30 days after receipt of a written request
- 284 -
from an individual to amend the individual’s health care information, a
custodian shall do one of the following:
(1) Amend the information as requested.
(2) Notify the individual that the request has been denied, the reason for
the denial, and that the individual may file a concise statement of what the
individual believes to be the correct information. The custodian shall maintain
in the individual’s health care record the individual’s amendment request and
statement and shall disclose the individual’s statement at the same time that the
disputed information is disclosed.
§ 9468. LEGAL PROCESS; INTENT TO DISCLOSE; RIGHT TO OBJECT;
LAW ENFORCEMENT
(a) A custodian shall make a good faith effort to notify the individual prior
to any disclosure pursuant to legal process, including a court order, subpoena,
subpoena duces tecum or a discovery request, unless otherwise ordered by the
court. A custodian or the individual, or both, may object to a disclosure under
this section by filing an objection or a request for a protective order, or both, in
the appropriate forum.
(b) A judge or other presiding officer in any judicial or quasi-judicial
proceeding may order that health care information disclosed pursuant to
subsection (a) of this section that is introduced into evidence or otherwise used
in that proceeding be placed under seal and reviewed in camera only and not
be made a public record.
(c) Disclosure of health care information as authorized by this subchapter
does not create any lawful authority permitting the custodian to comment upon
or testify about the health care information disclosed, unless authorized by law,
court order or by the prior written authorization of the individual.
§ 9469. RIGHTS OF MINORS
A minor who lawfully may consent to health care without the consent of a
parent or legal guardian may exclusively exercise the rights of an individual
under this subchapter regarding information pertaining to the health care to
which the minor has lawfully consented.
§ 9470. REPRESENTATIVE OF DECEASED INDIVIDUAL
An executor or administrator of a deceased individual or a person named in
a will or other legal instrument as an executor or administrator may exercise all
the rights of the deceased individual provided by this subchapter subject to any
written limitations or restrictions by the decedent that are included in the health
care record. If there is no executor or administrator, the rights of a deceased
- 285 -
individual may be exercised by a person designated in writing by the
individual for that purpose.
§ 9471. MAINTENANCE OF HEALTH CARE INFORMATION
(a) A custodian shall develop and implement policies, standards and
procedures to protect the confidentiality, security and integrity of health care
information and to ensure that the information collected is handled in
accordance with the provisions of this subchapter and other applicable laws
and rules. The custodian shall also develop and implement policies, standards
and procedures to advise individuals of their rights under this subchapter and
the responsibility of health care providers to comply with the provisions of
section 9468 of this title. These procedures shall include:
(1) The use of nondisclosure and confidentiality policies and
agreements, which shall include guidelines for access to health care
information on a need-to-know basis only, and safeguards to enforce those
guidelines.
(2) Initial and regular periodic training of all employees who use or have
access to health care information. The training shall be sufficient in frequency
and substance to assure that health care information maintained or used by the
custodian is used or handled only by employees who have received thorough
training regarding the requirements of this subchapter and any other related
laws, licensing rules or professional ethical standards.
(3) Disciplinary measures for violations of the confidentiality procedure.
(4) Identification of individuals who are authorized to disclose health
care information.
(5) Methods for handling, disclosing, storing and disposing of health
care information, including procedures for appropriate responses to legal
process.
(6) Audit trails with a date and time stamp to be stored with all
information entries in an electronic clinical record of health care information,
provided the requirements of this subdivision do not present an unreasonable
administrative or financial burden to the custodian.
(7) The use of encryption or other methods that ensure the
confidentiality of health care information when transmitting this information to
other health care providers, health care facilities or health insurers, provided
the requirements of this subdivision do not present an unreasonable
administrative or financial burden to the custodian.
(b) An individual’s health care record generated, received or compiled by a
health care provider or health care facility shall be retained by the facility or
- 286 -
provider, or its successors or assigns, for a minimum period of ten years, or ten
years after the individual reaches the age of majority, whichever is longer.
Records related to the dispensing of drugs by a health care provider that is a
pharmacy shall be retained for a minimum period of three years, or for a longer
period if required by rule of the board of pharmacy.
(c) Employers shall adopt and implement policies and procedures to ensure
that employee health care records are maintained separately and apart from
other employment records and are used only for the lawful health care
purposes for which the information was acquired.
(d) A custodian that is not a health care provider or a health care facility
shall destroy health care information contained in a health care record when
there is no longer any lawful purpose for maintaining the information. Records
of clinical assessments retained by a health care provider or a health care
facility that were requested by the department of social welfare pursuant to the
family violence option shall be destroyed upon notice by the department to
relevant health care providers or facilities that the individual is no longer
receiving a family violence option waiver.
§ 9472. CIVIL REMEDIES; PRIVATE ACTION; ATTORNEY GENERAL
ENFORCEMENT
(a) An individual who is injured as the result of a violation of this
subchapter may bring a civil action for the following:
(1) Actual damages for a negligent disclosure or a negligent failure to
disclose in cases where there is a duty to disclose.
(2) Actual damages and exemplary damages for violations caused by
willful or intentional conduct.
(3) Temporary, preliminary, and equitable relief as the court deems
appropriate, in which case the court shall not require the moving party to
obtain a bond, unless the court finds that the granting of equitable relief may
cause substantial financial harm to the other party.
(4) Reasonable attorney fees and costs which may be awarded when the
individual substantially prevails.
(b) The penalties provided for in this section may be in addition to
penalties provided under Title 18 of the United States Code and applicable
federal regulations.
(c) In any claim brought pursuant to subsection (a) of this section relating
to an unauthorized disclosure in which a custodian is being sued under a theory
of vicarious liability for the acts or omissions of the custodian’s employee, it
- 287 -
shall be an affirmative defense that the custodian complied in all material
respects with the requirements of section 9471 of this title.
(d) In any claim brought pursuant to subsection (a) of this section against a
custodian for unauthorized disclosure of health care information, it shall be an
affirmative defense that the custodian disclosed the health care information in
good faith reliance on an authorization that meets the requirements of
subsection 9463(b) of this title and made the disclosure in compliance with this
subchapter.
(e) Whenever the attorney general or a state’s attorney has reason to
believe that any person has knowingly violated any provision of this
subchapter and that prosecution under this section would be in the public
interest, the attorney general or state’s attorney may bring an action against the
person to enjoin violations of this subchapter. The attorney general and state’s
attorneys shall have the same power to investigate violations of this chapter as
is provided pursuant to 9 V.S.A. §§ 2451 et seq. An injunction issued under
this subsection shall be issued without bond. In addition to the relief provided
in this subsection, the attorney general or state’s attorney may request and the
court may order any other temporary or permanent relief as may be in the
public interest, including any or all of the following:
(1) A civil penalty of not more than $10,000.00 per violation.
(2) Actual damages suffered by the individuals or liquidated damages of
$1,000.00, whichever is greater.
(3) The reasonable value of legal services provided and costs of
investigating and prosecuting the action.
(f) Whenever a state’s attorney brings an action pursuant to subsection (e)
of this section a copy of the complaint shall be served on the attorney general.
Failure to comply with this subsection shall not affect the validity of any action
brought under subsection (e) of this section.
§ 9473. CRIMINAL PENALTIES
Any person who willfully discloses health care information in violation of
this subchapter or who willfully uses a false authorization to examine or obtain
health care information shall be fined not more than $10,000.00 or imprisoned
for not more than two years, or both.
Sec. 3. 1 V.S.A. § 317(c)(29) is added to read:
(29) Individual health care records, claims or encounter reports collected
by or provided to any public agency.
Sec. 4. 12 V.S.A. § 525 is added to read:
- 288 -
§ 525. ACTIONS BASED ON VIOLATIONS OF HEALTH CARE
INFORMATION PRACTICES AND CONFIDENTIALITY
An action for violation of subchapter 9 of chapter 221 of Title 18 shall be
commenced within three years after the cause of action accrues and not after.
The cause of action shall be deemed to accrue as of the date the violation was
discovered or reasonably should have been discovered.
Sec. 5. 12 V.S.A. § 1612 is amended to read:
§ 1612. PATIENTS' PRIVILEGE
(a) Confidential information privileged. Unless the patient waives the
privilege or unless the privilege is waived by an express provision of law, a
person authorized to practice medicine, chiropractic or dentistry, a registered
professional or licensed practical nurse, or a mental health professional as
defined in 18 V.S.A. § 7101(13) health care provider as defined in 18 V.S.A.
§ 9461 shall not be allowed to disclose any health care information as defined
in 18 V.S.A. § 9461 acquired in attending a patient in a professional capacity,
including joint or group counseling sessions, and which was necessary to
enable the provider to act in that capacity. Disclosure authorized pursuant to
18 V.S.A. § 9464 or 9465 shall not be deemed to be a waiver of the privilege
provided under this section.
***
(c) Mental or physical condition of deceased patient. A physician,
chiropractor or nurse shall be required to disclose any information as to the
mental or physical condition of a deceased patient privileged under subsection
(a), except information which would tend to disgrace the memory of the
decedent, either in the absence of an objection by a party to the litigation or
when the privilege has been waived:
(1) by the personal representative, or the surviving spouse, or the next of
kin of the decedent; or
(2) in any litigation where the interests of the personal representative are
deemed by the trial judge to be adverse to those of the estate of the decedent,
by any party in interest; or
(3) if the validity of the will of the decedent is in question, by the
executor named in the will, or the surviving spouse or any heir-at-law or any of
the next of kin or any other party in interest.
Sec. 6. 12 V.S.A. § 1909(d) is amended to read:
(d) A patient shall be entitled to a reasonable answer to any specific
question about foreseeable risks and benefits, and a medical practitioner shall
- 289 -
not withhold any requested information except to the extent that a reasonable
medical practitioner would withhold the information because the manner and
extent of such disclosure could reasonably be expected to adversely and
substantially affect the patient's condition, in which case the medical
practitioner shall provide the information to a member of the immediate
family, if reasonably available, notwithstanding the provisions of 12 V.S.A. §
1612(a). Health care information, as defined in 18 V.S.A. § 9461, shall be
disclosed in accordance with the provisions of subchapter 9 of chapter 221 of
Title 18.
Sec. 7. 15 V.S.A. § 670 is amended to read:
§ 670. ACCESS TO RECORDS
Access to records and information pertaining to a minor child, including but
not limited to medical, dental health care information as defined in 18 V.S.A. §
9461, law enforcement and school records shall not be denied to a parent
solely because that parent has not been awarded parental rights and
responsibilities. The court may order that access to all or a portion of the
records or information shall be denied if access is not in the best interest of the
child or if access may cause detriment to the other parent including but not
limited to abuse.
Sec. 8. 18 V.S.A. § 1852 is amended to read:
§ 1852. PATIENTS' BILL OF RIGHTS; ADOPTION
(a) The general assembly hereby adopts the "Bill of Rights for Hospital
Patients" as follows:
***
(3) The patient has the right to obtain, from the physician health care
provider coordinating his or her care, complete and current information
concerning diagnosis, treatment, and any known prognosis in terms the patient
can reasonably be expected to understand, and to review health care
information in the patient’s health care record. A patient is entitled to a
reasonable answer to any specific question about his or her health care. If the
patient consents or if the patient is incompetent or unable to understand,
immediate family members or a guardian may also obtain and have access to
this information. When it is not medically advisable to give such information
to the patient, the information shall be made available to immediate family
members or a guardian. The patient has the right to know by name the
attending physician primarily responsible for coordinating his or her care
health care provider who has or is providing health care to the patient.
***
- 290 -
(6) The patient has the right to every consideration of privacy
concerning the patient's own medical care program. Case discussion,
consultation, examination, and treatment are confidential and shall be
conducted discreetly. Those not directly involved in the patient's care must
have the permission of the patient to be present. This right includes the right,
upon request, to have a person of one's own sex the patient’s choice present
during certain parts of a physical examination, treatment or procedure
performed by a health care professional of the opposite sex; and the right not to
remain disrobed any longer than is required for accomplishing the medical
purpose for which the patient was asked to disrobe. The patient has the right to
wear appropriate personal clothing and religious or other symbolic items so
long as they do not interfere with diagnostic procedures or treatment.
(7) The patient has the right to expect that all All communications and
records pertaining to his or her a patient’s care shall be treated as confidential.
Only medical personnel, or individuals under the supervision of medical
personnel, directly treating the patient, or those persons monitoring the quality
of that treatment, or researching the effectiveness of that treatment, shall have
access to the patient's medical records in accordance with the provision of
subchapter 9 of chapter 221 of this title. Others may have access to those
records only with the patient's written authorization.
***
(b) Failure to comply with any provision of this section may constitute a
basis for disciplinary action against a physician under chapter 23 of Title 26
any health care provider as defined in section 9461 of this title. A complaint
may be filed with the board of medical practice that licenses the health care
provider.
(c) A summary of the hospital's obligations under this section, written in
clear language and in easily readable print, A copy of this section and any
supplemental information necessary to assure that patients understand these
rights shall be distributed to patients upon admission and posted conspicuously
at each nurse's station. Such notice shall also indicate that as an alternative or
in addition to the hospital's complaint procedures, the patient may directly
contact the licensing agency or the board of medical practice. The address and
phone number of the licensing agency and board of medical practice and any
other relevant licensing, registration or certification board shall be included in
the notice.
Sec. 9. 18 V.S.A. § 7103(a) and (b) are amended to read:
§ 7103. DISCLOSURE OF INFORMATION
- 291 -
(a) All certificates, applications, records and reports, other than an order of
a court made for the purposes of this part of this title, and directly or indirectly
identifying a patient or former patient or an individual whose hospitalization or
care has been sought under this part, together with clinical information relating
to such persons that individual shall be kept confidential and shall not be
disclosed by any person except insofar:
(1) as the individual identified or his the individual’s agent under a
durable power of attorney for health care or legal guardian, if any (or, if he be
a minor, his parent or legal guardian), or if the individual is a minor, the
minor’s parent or legal guardian shall consent in writing; or
(2) as disclosure may be necessary to carry out any of the provisions of
this part; or
(3) as a court may direct upon its determination that disclosure is
necessary for the conduct of proceedings before it and that failure to make
disclosure would be contrary to the public interest.
(b) Nothing in this section shall preclude disclosure, upon proper inquiry,
or information concerning medical condition to the members of the family of a
patient or to his clergyman, his physician, his attorney, or an interested party.
Sec. 10. 26 V.S.A. § 1354(10) is amended to read:
The term "unprofessional conduct" as used in this chapter shall mean the
following items or any one or combination thereof; whether or not the conduct
at issue means one or more of the following whether the conduct was
committed within or without the state:
***
(10) failure to furnish a patient's medical record make available health
care information and health care records to succeeding physicians or hospital
upon proper request the patient, a succeeding health care provider or an
authorized recipient;
Sec. 11. 20 V.S.A. § 2355(h) is added to read:
(h) The criminal justice training council shall develop a comprehensive
program to train law enforcement officers regarding the proper handling and
disclosure of health care information as required by 18 V.S.A. § 9471.
Sec. 12. 20 V.S.A. § 3153(a) is amended to read:
(a) The council shall:
***
- 292 -
(4) serve as the lead agency for hazardous chemical or substance
incident training provided to fire service personnel statewide. All state
agencies providing such training to fire service personnel shall coordinate the
training with the Vermont fire service training council;
(5) develop a comprehensive program for firefighters regarding the
proper handling and disclosure of health care information as required by 18
V.S.A. § 9471.
Sec. 13. CONSTRUCTION
This act is intended and shall be construed to overrule Peck v. Counseling
Service of Addison County, Inc., 146 Vt. 41(1985). A duty to warn by any
health care provider when the health care provider has determined that there is
in of serious threat of imminent physical injury to another natural person or,
that the individual who is a minor poses an imminent substantial risk of serious
physical injury to herself or himself is created in 18 V.S.A. § 9465(a)(4). This
act shall not be construed to create a duty to warn when the risk of danger is
only to property.
Sec. 14. LEGISLATIVE REVIEW
Upon enactment of legislation or adoption of regulations at the federal level
which might preempt or conflict with this act, the legislative council shall
report, within six months, to the house and senate committees on health and
welfare regarding what amendments to this act, if any, ought to be considered.
Sec. 15. EFFECTIVE DATE
This act shall take effect on July 1, 2001.
(Committee vote: 9-0-2)
H. 247
An act relating to extension of credit to wholesale dealers.
Rep. Palmer of Pownal, for the Committee on General, Housing and
Military Affairs, recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. 7 V.S.A. § 230 is amended to read:
§ 230. RESTRICTIONS; FINANCIAL INTERESTS; DISPLAY OF
LICENSE
A manufacturer or rectifier, bottler or wholesale dealer shall not have any
direct or indirect financial interest in the business of any person holding a first,
second or third class license or druggist's permit. A wholesale dealer may
- 293 -
extend credit to first or second class licensees for no more than 15 30 days. If
a wholesale dealer extends credit to any licensee, the dealer shall extend credit
to all licensees on the equal terms and conditions Such terms and conditions
shall be based solely on credit worthiness and not sales volume. An extension
of credit under this section shall not be construed to be a direct or indirect
financial interest in the retail business. However, a certificate of approval
holder for malt beverages or a certificate of approval holder for vinous
beverages who is a manufacturer or rectifier may own a licensed retail business
so long as the ownership is total and unconditional. A person holding a first,
second or third class license shall not have any direct or indirect financial
interest in the business of a manufacturer or rectifier, bottler or wholesale
dealer. All licenses or permits granted hereunder shall be conspicuously
displayed on the premises wherein such persons shall conduct the business in
respect to which the license or permit is granted.
(Committee vote: 10-1-0)
H. 584
An act relating to the village of Hyde Park.
Rep. Krawcsyk of Bennington, for the Committee on Local Government,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. APPROVAL OF CHARTER AMENDMENT
The charter of the Village of Hyde Park is amended as provided in this act.
Proposals of amendment were approved by the voters on May 4, 1999.
Sec. 2. 24 App. V.S.A. chapter 225 is added to read:
CHAPTER 225. VILLAGE OF HYDE PARK
Subchapter 1. Village Officers Responsible to Citizens; Village Meetings
§ 1. AUTHORITY OF CITIZENS
All governmental authority of the Village of Hyde Park rests with the
citizens of the village, who exercise their powers in village meeting, and to
whom the elected and appointed officers of the village are ultimately
responsible.
§ 2. VILLAGE MEETINGS
(a) An annual village meeting for the consideration of the budget and other
village business shall be held on the first Tuesday of May according to state
law except as hereinafter provided.
(b) A special village meeting:
- 294 -
(1) may be called by a majority of the village trustees; or
(2) shall be called by the village trustees upon receipt of a petition
signed by at least five percent (5%) of the voters, specifying the business to be
transacted at the meeting. The meeting shall be held pursuant to Title 17 of
Vermont Statutes Annotated.
(c) Whenever an issue or election is to be decided by Australian ballot, the
ballot boxes shall be opened no earlier than 6:00 a.m. but no later than
10:00 a.m., as determined by the trustees, and shall close at 7:00 p.m.
§ 3. POSTPONEMENT AND COMBINING OF VILLAGE MEETINGS
The trustees may postpone the vote on any question to be voted at a special
meeting to the annual meeting if such special meeting would fall within
seventy-five (75) days of the annual meeting.
§ 4. AUSTRALIAN BALLOTS
At an annual or special village meeting, the voters may decide whether the
provisions of the Australian ballot system shall apply pursuant to 17 V.S.A. §
2680. A meeting at which any question is to be decided by Australian ballot
shall be preceded by a public hearing for discussion. The warning for the
meeting shall include a notice of the time and place of the public hearing.
§ 5. WARNINGS
(a) Public notice of every annual or special village meeting or village
election shall be given by a warning posted in at least three (3) places in the
village at least thirty (30) days but not more than forty (40) days prior to the
meeting; and published at least five (5) days before the meeting, in a
newspaper having general circulation in the village. Except that the warning
for the annual meeting need not be published if the warning is published in the
Village Report and the Village Report is mailed or distributed to the voters at
least ten (10) days before the meeting.
(b) The warning shall:
(1) state the date, time and place of the meeting,
(2) be signed by a majority of the trustees, except for meetings required
by this charter to be called by the village trustees,
(3) specifically indicate by separate articles what business is to be
transacted at the meeting,
(4) contain any article approved by the trustees, and
- 295 -
(5) contain any article requested by petition signed by at least five
percent (5%) of the voters and filed with the village clerk at least forty (40)
days prior to the day of the meeting.
§ 6. CONDUCT
(a) The president shall preside at all village meetings, but in the president’s
absence, the village clerk shall call the meeting to order, and the first order of
business shall be the election of a president pro tempore to preside for the
duration of the meeting. The president, as moderator, shall conduct every
meeting according to this charter, the laws of the state of Vermont, and
Roberts' Rules of Order, Newly Revised, when not in conflict with this charter
or the laws of the state of Vermont. The president shall preserve order in the
conduct of the business of the meeting and in all things preserve the principles
of fairness and openness in village government.
(b) The village clerk shall be the presiding officer at all village elections by
Australian ballot and shall cooperate with the board of civil authority to assure
that all laws relating to elections are faithfully observed. While the polls are
open, the village clerk may rule on all questions concerning the conduct of the
election and shall not be disqualified from performing any duties by reason of
his or her own candidacy for any office. In the village clerk's absence, the
members of the board of civil authority who are residents of the village may
designate one of their members to perform the village clerk's duties under this
subsection.
§ 7. RECONSIDERATION OF ACTIONS TAKEN
A question considered at any village meeting or election may not be
submitted to the voters for reconsideration or rescission except at a subsequent
annual or special meeting or election, specifically warned for the purpose and
called by the trustees by resolution or by the village clerk pursuant to a petition
requesting reconsideration or rescission except with the approval of the
legislative body. The petition must be signed by not less five percent (5%) of
the voters and filed with the village clerk within thirty (30) days following the
date of the meeting or election at which the question was first considered. The
village trustees shall call for a vote in accordance with the petition within sixty
(60) days of the date of filing. The manner of reconsideration shall be the
same manner by which the question was originally considered. A question
voted on or considered shall not be presented for reconsideration or rescission
more than one (1) time; provided, however, that after the passing of at least
twelve (12) months from the date of any such reconsideration or rescission, the
same or a similar question may be newly submitted for consideration. Unless
rescinded as provided in this section, any vote or action lawfully taken at a
village meeting or election shall remain in effect indefinitely. A
- 296 -
reconsideration or rescission vote shall not be effective unless the number of
votes cast in favor of reconsideration or rescission exceeds sixty-five percent
(65%) of the number of votes cast for the prevailing side at the original
meeting.
§ 8. BOARD OF CIVIL AUTHORITY
(a) The board of civil authority shall consist of the justices of the peace
residing within the village, the village clerk, and the trustees. At the first
meeting following each annual village election, the board of civil authority
shall elect a chair from among its members; the village clerk shall be the clerk
of the board. In the event of the absence of either the chair or the clerk from
any meeting of the board, the first order of business shall be the election of a
chair or clerk pro tempore to serve for the balance of the meeting.
(b) The board of civil authority shall meet prior to every regular or special
village meeting or election to prepare, revise and post in the manner required
by law, an alphabetical list of all the legal voters in the village. For that
purpose, the board shall have access to any books or lists belonging to the
village, except as provided by law, and may require the assistance of any of the
village officers. The board shall post in three (3) places an attested copy of the
list of voters so prepared and corrected, at least four (4) days prior to the
meeting or election, and the said list of voters so prepared and corrected, and
no others, shall be used at the meeting or election. In preparing the list of
voters, the board shall record each name in such manner as to identify each
voter precisely, so as to avoid any possible confusion. The board of civil
authority shall be governed by state laws relating to voter qualification,
checklist maintenance, and removal of names from the checklist, as they
appear in 17 V.S.A. chapter 43.
(c) In addition to any other requirement of law, the board shall cause at
least two (2) notices of the time and place of each of its meetings for the
purpose of revising the checklist to be published in the newspaper of general
circulation in the village. Publication shall be at least two (2) and not more
than ten (10) days prior to such meeting, but no notice need be published with
respect to an adjourned session of a meeting for which notice has been given.
(d) The board shall assist the village clerk and village president in
supervising all village elections and meetings, and shall take care that all laws
and requirements relating to elections and election procedures and village
meetings are fully and faithfully kept. The board may require the presence of
any law enforcement officers it may judge necessary to preserve the integrity
of any election or village meeting.
- 297 -
(e) The members of the board of civil authority present shall constitute a
quorum for all purposes.
§ 9. NOMINATION OF CANDIDATES
Unless proceeding by Australian ballot, nomination of persons to fill village
offices shall be from the floor at the village meeting.
Subchapter 3. Boundaries and Powers of the Village
§ 31. GENERAL POWERS
(a) The Village of Hyde Park shall have all the powers granted to villages
by the constitution and laws of this state, together with all the implied powers
necessary to carry into execution all the powers granted; the village may enact
ordinances pursuant to 24 V.S.A. chapter 59 not inconsistent with the
constitution and laws of the state of Vermont or with this charter, and impose
penalties for violation thereof.
(b) The village may acquire property within or without its corporate limits
for any village purpose, in fee simple or any lesser interest or estate, by
purchase, gift, devise, lease or condemnation, consistent with the constitution
and laws of the state of Vermont and may sell, lease, mortgage, hold, manage
and control such property as its interest may require consistent with the
constitution and laws of the state.
§ 32. BOUNDARIES
The bounds of said Village of Hyde Park shall be as presently constructed
and described in the Report of Selectmen dated May 14, 1895, as the
boundaries may subsequently be altered by acts of village and town meetings
adding real estate to and deleting real estate from said corporate limits.
Subchapter 5. Elected Officers
§ 51. ELECTED OFFICERS
(a) At the annual meeting, the following officers shall be elected by the
voters of the Village of Hyde Park, and unless the voters have previously voted
to proceed by Australian ballot pursuant to 17 V.S.A. § 2680, voting for all
such officers shall be by paper ballot.
(1) Five (5) trustees.
(2) One (1) president.
(3) Three (3) Bliss Fund trustees.
(4) Three (3) auditors.
- 298 -
(b) Only a voter of the Village of Hyde Park may seek election to or hold a
village elective office except for an individual seeking the office of president,
who may be a resident of the Town of Hyde Park.
§ 52. TRUSTEES
(a) Except as otherwise provided in this charter, all the powers of the
village shall be entrusted to and exercised by the trustees consisting of five (5)
members chosen by the voters of the Village of Hyde Park. Three (3)
members shall be elected for terms of three (3) years and two (2) members
shall be elected for terms of two (2) years. The board shall discharge all the
duties conferred or imposed upon trustees by law, including the duties of
water, electric and sewer commissioners, and any similar ex officio duties; and
when sitting in such official capacity, it shall not be necessary to convene in a
separate capacity.
(b) The trustees shall meet within fourteen (14) business days after the
annual election to elect a chair and to designate one of their board or the
village clerk as clerk of the board. Special meetings of the trustees may be
called at any time by the chair, or, in the chair's absence, by a majority of the
trustees.
(c) No action of the board shall be valid or binding unless approved by a
majority of the board of trustees.
§ 53. AUDITORS
Auditors shall be elected for terms of three (3) years, with one (1) elected
each year. They shall be responsible for the proper financial accountability of
the village, and for this purpose, all village officers shall, within twenty (20)
days after the close of the fiscal year, submit to the auditors such reports,
records and materials as the auditors require for the discharge of their duties.
The auditors shall then proceed to examine and adjust the accounts of all
village officers and report their findings in writing, not later than fifty (50)
days after the close of the fiscal year. They shall cause their findings to be
printed and made available to the voters. The auditors may employ the
services of a certified public accountant at village expense, for such purposes
as they shall deem proper, should they believe there has been gross misuse of
village funds.
§ 54. BLISS FUND TRUSTEES
The Bliss Fund trustees shall consist of three (3) trustees, one (1) elected
each year for a term of three (3) years. The trustees shall have the powers and
duties prescribed for the Bliss Fund and those listed in the village bylaws.
§ 55. PRESIDENT
- 299 -
A president shall be elected for a term of one (1) year and shall perform all
duties required by this charter, and to the extent not in conflict with this
charter, all duties required by laws of the state of Vermont.
Subchapter 7. Appointed Officers
§ 71. APPOINTED OFFICERS
(a) Within 14 days following the annual village meeting, the Board of
Trustees shall meet and, by a majority vote, shall appoint other village officers
as allowed by law, including the following:
(1) One (1) village clerk.
(2) One (1) village treasurer.
(3) One (1) delinquent tax collector.
(4) One (1) constable.
(b) A vacancy in any appointive office may be filled for the duration of the
unexpired term by the trustees.
§ 72. VILLAGE CLERK
(a) The village clerk shall be appointed by the board of trustees for a one
(1) year term and shall:
(1) maintain a record of all action taken at special or annual town
meetings;
(2) maintain all village records and an index to those records if
appropriate;
(3) maintain and file all reports required by law;
(4) perform any other duties required of the clerk by law, this charter,
ordinances or the Board of Trustees.
(b) Before entering upon the duties of the office, the village clerk shall give
a bond conditioned for the faithful performance of the clerk's duties. The bond
shall be of a sum and with such surety as prescribed and approved by the
trustees, and the premium shall be paid by the village.
§ 73. VILLAGE TREASURER
(a) The village treasurer shall be appointed by the board of trustees for a
one (1) year term and shall:
(1) receive taxes, assessments, charges and levies, and maintain a record
of monies collected and uncollected;
- 300 -
(2) serve in the capacity of tax collector and, in the absence of a
delinquent tax collector, handle delinquencies;
(3) pay orders drawn by officials authorized to draw orders;
(4) deposit and invest funds in a financially sound manner;
(5) provide detailed financial statements and reports, as may be required
by the trustees;
(6) perform any other duties required of the treasurer by law, this charter
or ordinances and by the trustees.
(b) Before entering upon the duties of the office, the village treasurer shall
give a bond conditioned for the faithful performance of the treasurer's duties.
The bond shall be of a sum and with such surety as prescribed and approved by
the trustees, and the premium shall be paid by the village.
§ 74. DELINQUENT TAX COLLECTOR
A delinquent tax collector may be appointed for a one (1) year term by the
board of trustees. Taxes assessed and collected shall be as stated in “section 93
of this chapter, entitled – “Taxes”. In the absence of an appointed tax
collector, the duties of such position shall revert to the village treasurer.
§ 75. CONSTABLE
A constable may be appointed for a one (1) year term by the trustees. The
constable's training and duties shall be set by the trustees.
Subchapter 9. Financial
§ 91. FISCAL YEAR
The fiscal year shall begin the first day of January and end the last day of
December unless another date is fixed by the voters at any annual village
meeting.
§ 92. APPROPRIATIONS
(a) All amounts specified in the budget and approved by the voters at the
annual village meeting are appropriated for the purpose specified. The trustees
may transfer appropriated amounts between general classifications and
expenditures. All unexpended and unencumbered appropriations, except
appropriations for capital expenditures, shall lapse at the close of the fiscal
year.
(b) The majority of the trustees shall sign the orders at each regularly
scheduled meeting. However, the board may adopt to use the provisions of 24
V.S.A. § 1623 in lieu of this provision.
- 301 -
§ 93. TAXES
(a) All real and personal property taxes shall be paid to the village treasurer
in full or in not more than four (4) equal installments as set forth by specific
article in the village warning.
(b) The tax rate shall be annually set by the trustees as soon as practicable
after final adoption of the village budget and filing by the listers of the grand
list for the village. In setting the rate, the board shall consider only that amount
that is necessary to offset the difference between revenues and expenses,
including any surplus carried over from the previous year.
(c) Taxes shall become delinquent on the first business day following the
due date of the final installment. The treasurer, within ten (10) days, shall turn
all unpaid tax accounts over to the tax collector together with a warrant for the
collection of such accounts. Accounts forwarded to the tax collector shall
include interest accrued to that date, and simple interest shall continue to
accrue at a rate as set forth by a specific article in the village meeting warning
and approved by the voters. A delinquency fee as determined by the village
meeting warning and approved by the voters shall be added to the amount of
tax due. The tax collector shall be empowered under general law of the state to
levy on personal property, bring actions at law, conduct tax sales of real estate,
and bring petitions for foreclosures on tax liens in accord with state law. Such
acts shall be done in the name of the Village of Hyde Park.
(d) The grand list of rateable estate within said village, as made out by the
listers of the Town of Hyde Park, shall be the grand list of said village, and the
trustees shall cause a copy of said list to be made out and filed in the office of
the clerk of said village at the same time it is completed in the town clerk's
office. In case a parcel of real estate is situated partially within and partially
without the limits of said village, said listers shall designate in said list the
appraised value of said real estate which lies within said limits.
§ 94. TAX ABATEMENTS
The board of civil authority, along with the treasurer and the listers, shall
constitute the board of abatement. The board shall meet at least once a year,
elect a chair and clerk, and consider all the taxpayers' requests for abatement of
their taxes, special assessment, or other levy made by the village in accordance
with 24 V.S.A. § 1535. The clerk shall call the meeting, and public notice of
the meeting must appear in at least three (3) public places at least two (2) days
prior to the meeting.
§ 95. INDEMNIFICATION
- 302 -
The village shall indemnify and hold all elective and appointive officers
harmless from and against all liability claims and suits of any type brought
against them as a consequence of their service, except those caused by and
arising out of their intentional or willful misconduct. Said indemnity shall
include all damages, costs and attorney fees.
Subchapter 11. Procedural Matters
§ 111. ORDINANCES
(a) Village legislation shall be by ordinance adopted pursuant to 24 V.S.A.
chapter 59.
(b) The village clerk shall prepare and keep in the village clerk's office a
book of ordinances which shall contain each village ordinance, together with a
complete index of the ordinances according to subject matter. Failure to
comply with this provision shall not invalidate any village ordinance lawfully
passed.
(c) An ordinance adopted by the board in the manner set forth shall be
subject to its repeal by a village meeting if a petition signed by not less than
five percent (5%) of the voters is filed with the village clerk on or before the
effective date of the ordinance. The clerk shall warn a village meeting to be
held within forty-five (45) days of the filing, to consider the question of repeal
of the ordinance. Until the vote and question of repeal is held, the ordinance
shall not become effective. If a majority of the votes cast shall be in favor of
repealing the ordinance, the same shall be repealed and no further action shall
be taken. If a majority of the votes cast shall be opposed to repeal, the
ordinance shall become effective as of 12:01 a.m. on the day following such a
vote.
(d) To meet a real public emergency affecting life, health, property or the
public peace, the trustees may adopt one or more emergency ordinances which
may be adopted or rejected at the meeting at which they are introduced, but the
affirmative vote of at least four (4) trustees shall be required for adoption.
Every emergency ordinance shall be repealed as of the sixty-first (61st) day
following the day of adoption, but the ordinance may be reenacted if the
emergency still exists.
(e) A village ordinance may provide for any or all of the following:
(1) The general penalty for violation of an ordinance shall be a fine in an
amount not to exceed the sum of $500.00 for a single offense;
(2) Each week a violation continues shall constitute a separate offense,
the fine not to exceed $100.00 per day for each day the violation continues;
- 303 -
(3) The village may seek to enjoin the offense by applying to the
superior court, in addition to the penalty of a fine;
(4) The trustees may authorize the village attorney to bring an action in
the name of the Village of Hyde Park for any relief which the trustees may
deem appropriate for the enforcement of any village ordinance.
(f) All valid village ordinances, resolutions, bylaws, and regulations which
are in force when this charter becomes effective, shall remain in full force and
effect, excepting only those ordinances, resolutions, bylaws and regulations
which are inconsistent with this charter.
§ 112. COMPENSATION AND FEES
(a) The village meeting may annually vote the compensation to be paid to
the following officers:
(1) trustees.
(2) auditors.
(3) president.
(4) board of civil authority and abatement.
(b) All fees prescribed by state law, charter ordinance or otherwise shall be
collected for the benefit of the village and paid to the village treasurer. No fees
shall be used directly by any receiving officer or inure directly to the benefit of
the officer.
Subchapter 13. Hyde Park Electric Utility
§ 131. ELECTRIC UTILITY
(a) There shall be a Village of Hyde Park Electric Utility Department
which shall serve the area so designated by the Vermont Pubic Service Board.
(b) The electric utility commission shall be composed of the five (5)
trustees of the Village of Hyde Park.
(c) The trustees shall serve as electric commissioners under 30 V.S.A.
§§ 2915 and 2916. The trustees shall have authority to construct an electric
light plant, for the purpose of lighting the street, walks and other public
grounds, and lighting any buildings therein, and supplying and furnishing
electricity for domestic and other purposes and to such persons and
corporations in Hyde Park and adjoining towns as it may desire upon such
terms as may be agreed upon. And for this purpose may take, purchase or
acquire and hold any water power, land and rights-of-way in said towns needed
for the construction, maintenance and operation of said electric light plant, and
may use any public highway over which it may be necessary or desirable to
- 304 -
pass with the poles and wire of the same, provided the use of such public
highway for the purpose of public travel is not thereby unnecessarily impaired.
The trustees shall have the power to purchase, hire, construct or otherwise
acquire an interest in, to maintain, operate, and to sell, lease or otherwise
dispose of any plant (including but not limited to a gas plant) or system
(including but not limited to existing rights-of-way, poles, lines, towers and
fixtures and transmission line serving the existing system owned by others)
located within or outside the state, for the production, distribution, purchase or
sale of electricity, to extend, enlarge or improve the same and for that purpose
to purchase, hire, construct or otherwise acquire any real or personal property.
These powers may be exercised through a taking by eminent domain in the
manner prescribed by law. The trustees shall also have the power to purchase,
sell and otherwise acquire and dispose of electricity, including sale to electric
distribution companies, cooperatives, municipal and privately owned, within or
outside the state, and to make all agreements, conveyances and regulations
necessary or convenient in connection therewith. All of the foregoing powers
are in addition to and not in substitution for or in limitation of any other
powers conferred by law, and are subject to regulatory review for municipal
utilities as provided in Title 30 of the Vermont Statutes Annotated.
(d) The trustees shall administer their responsibilities in the electric
department. The department shall have its own professional management,
staff, plan, equipment and entirely separate financial accounts. The
departments shall be directly managed under the trustees by a general manager.
The trustees shall hire and fire electric department personnel. The general
manager shall have the special and immediate care and practical supervision of
the electric department. The general manager shall at all times be subject in
respect to his or her responsibilities to the order of the trustees. With approval
of the trustees’ utility commission, the general manager of the electric
department shall receive all funds due the Village of Hyde Park Electric
Department, shall issue account, execute and issue on behalf of the Village of
Hyde Park Electric Department drafts, checks and/or other negotiable orders
for the payment of bills and charges of the electric department, provided that
any such payment shall be made exclusively from the revenue of the
department. All such accounting functions of the electric department shall be
subject to the review by the auditors of the Village of Hyde Park.
(e) The Village of Hyde Park Electric Department shall inherit all of the
assets, accounts and liabilities of the Village of Hyde Park Electric Department
under the general supervision of the trustees. It shall operate under the
statutory authority and requirements of chapter 79 of Title 30 of the Vermont
Statutes Annotated, relating to municipal electric plants, and chapter 53 of
Title 24 of Vermont Statutes Annotated, relating to municipal indebtedness, all
- 305 -
of which control the financing, improvements, expansion and disposal of the
municipal electric plant and its operations. With specific reference to the
legislative authorization contained in chapter 53, subchapter 2, sections 1821-
1828 of Title 24 of the Vermont Statutes Annotated, "Indebtedness for Public
Utility Purposes," the Hyde Park trustees are permitted to issue revenue-
backed bonds and/or general obligation bonds for any capital improvement
purpose related to their responsibilities to operate such utilities for the benefit
of the people of the Village of Hyde Park, provided each such issue of bonds is
approved by the trustees and the voters according to law.
(f) The charges and rates for electric service shall be a lien on real estate,
wherever located, furnished with such service in the same manner and to the
same effect as taxes are a lien upon real property under 32 V.S.A. § 5061. The
owner of such property, furnished with electric service, wherever located, shall
be liable for such charges and rates.
(g) The Village of Hyde Park Electric Department shall take over for
administrative purposes all contractual benefits and obligations that involve or
apply to its operations as an electric utility without any further act, deed or
instrument being necessary, or the approval of any agency of state government.
(h) The electric department shall every year make a contribution to the
Village of Hyde Park in lieu of taxes in the form of a cash payment and/or the
equivalent in free services and municipal rate benefits in an amount equaling
the amount of money which would be received by the Village of Hyde Park in
ad valorem real taxes and personal property inventory taxes were such
department a privately-owned utility.
Subchapter 15. Hyde Park Water and Sewer
§ 151. WATER AND SEWER UTILITY
(a) There shall be a Village of Hyde Park Water and Sewer Department
which shall be responsible for continuing the present specific water and sewer
services in existence.
(b) The water and sewer system shall be maintained separate from all other
departments of the village and no part of the rents and revenues therefrom may
be used for any other purpose.
(c) Unless otherwise voted by the village at a village meeting, all costs of
the water department shall be paid by the users thereof and the annual water
and sewer rents or charges shall be at a rate sufficient to cover annual
expenditures, temporary indebtedness, the amortizing of bonded indebtedness
and interest and any dedicated (sinking) funds. With specific reference to the
legislative authority contained in chapter 53, subchapter 2, sections 1821-1828
- 306 -
of Title 24 of the Vermont Statutes Annotated, "Indebtedness for Public Utility
Purposes," the Village of Hyde Park Water and Sewer Department is permitted
to issue revenue-backed bonds and/or general obligation bonds for any capital
improvement purpose related to their responsibilities to operate such utilities
for the benefit of the people of the Village of Hyde Park, provided each such
issue of bonds is approved by the trustees and the voters according to law.
(d) The trustees shall be the water and sewer commissioners, who in
connection with those powers enumerated in the general laws of the state with
respect to waterworks and supply, shall have the power to adopt and enforce
rules, regulations or ordinances concerning the control and operation of such
water system.
(e) The water and sewer department service area may be enlarged or
modified by the trustees after holding a public hearing on any such proposed
enlargement or modification. The public notice for each such public hearing
shall be by the publication of the date, place and purpose of the hearing in a
newspaper of general circulation in the Village of Hyde Park and by the
posting of the same information in one or more public places within the water
and sewer department service area.
(f) The charges and rates for sewer and water services shall be a lien on real
estate, wherever located, furnished with such service in the same manner and
to the same effect as taxes are a lien upon real property under 32 V.S.A.
§ 5061. The owner of such property, furnished with water and sewer service,
wherever located, shall be liable for such charges and rates.
(g) The water and sewer department shall every year make a contribution to
the Village of Hyde Park in lieu of taxes in the form of a cash payment and/or
the equivalent in free services and municipal rate benefits in an amount
equaling the amount of money which would be received by the Village of
Hyde Park in ad valorem real estate taxes and personal property taxes were
such department a privately-owned utility.
Subchapter 17. General Provisions
§ 171. APPLICATION OF GENERAL LAW
All provisions of the laws of the state of Vermont relating to villages,
village and town officers, and elections shall apply to the Village of Hyde Park
and its officers except as altered, enlarged or modified by the provisions of this
charter, or by any current or future lawful ordinance or regulation of the
Village of Hyde Park.
§ 172. SEVERABILITY
- 307 -
The sections of this charter and parts thereof are severable. If any portion
of this charter or its application to any person or circumstance shall be held
invalid, the remainder thereof or the application of such invalid portions to
other persons shall not thereby be affected, except that no portion of the charter
shall be administered in an erratic, inconsistent or prejudicial manner or so as
to create a double standard.
§ 173. OFFICERS; APPOINTIVE
All offices in the Village of Hyde Park not required by Vermont statute to
be filled by election or according to specific provision of this charter shall be
deemed appointive offices to be filled by a majority vote of the trustees. The
terms of such appointive offices shall be for a definite time, normally one year,
but in no case exceeding the maximum term of office of a member of the
trustees.
§ 174. TERMS OF OFFICE
All officers under this charter shall hold their respective offices until their
successors are chosen. No officer shall be qualified until ready to assume the
normal duties of his or her office.
§ 175. CONSTRUCTION
The provisions of this charter shall be construed liberally in favor of the
village and in such manner that the effect of this charter will be to make
government more efficient and more responsive to the citizens of the village.
In such liberal construction of the charter in favor of the village, it shall be
used consistently and uniformly toward all individuals and groups comprising
the village.
§ 176. AMENDMENT OR REPEAL
No section of this charter may be amended or repealed without such
amendment or repeal making specific reference to this charter and to the
sections or provisions to be amended or repealed. Any proposed amendment
or repeal of this charter must be submitted to the voters for their approval and,
upon such approval, submitted as provided by 17 V.S.A. § 2645.
§ 177. EFFECTIVE DATE
The charter shall become effective upon approval in accordance with 17
V.S.A. § 2645 and when so approved, two (2) copies shall be maintained in
good condition in the Lanpher Memorial Library. Further copies shall be
available to the public at cost.
§ 178. DEFINITIONS
As used in this chapter:
- 308 -
(1) "Trustees" means the duly elected members of the trustees of the
village acting as a group and in their official capacity.
(2) A "vacancy" in any office is deemed to exist if the holder of the
office resigns, dies, moves from the village (except the president), or is
judicially declared to be mentally incompetent.
(3) "Day" means a calendar day.
(4) "Voters" means the names included, at any given point in time, on
the checklist most recently revised by the board of civil authority for use in a
village meeting or election.
(5) From "time to time" means as the need may become realized or
apparent.
Sec. 3. TRANSITIONAL PROVISIONS
(a) The Village of Hyde Park shall continue without interruption as a body
politic and corporate under the name of "The Village of Hyde Park" and as
such shall enjoy all the rights, immunities, powers and privileges allowed to
villages under the laws of Vermont. The Village of Hyde Park shall under this
charter be subject to all of the duties and liabilities appertaining to, or
encumbent upon them as a municipal corporation immediately prior to the
acceptance of the charter. Under this charter all existing debts and obligations
shall remain obligatory upon the village.
(b) All officers, elected or appointed, and all other citizens or other boards
and commissions who are in office at the time that this charter takes effect
shall continue in office under this charter until their established terms of office
normally expire unless such offices are abolished or supplanted by specific
provision in this charter. With the expiration of transitional offices, all future
village offices shall be filled in accord with provisions of this charter subject to
the right of the voters or their proper elected agents to create, change or abolish
offices according to need, from time to time, and according to the provisions of
this charter, or if not covered by the charter provisions, then according to the
applicable laws of the state of Vermont.
Sec. 4. REPEAL
The following acts relating to the Village of Hyde Park are repealed:
No. 157 of the Acts of 1896; No. 236 of the Acts of 1904; Nos. 306 and 307 of
the Acts of 1910; Nos. 316 and 317 of the Acts of 1912; No. 297 of the Acts of
1921; No. 170 of the Acts of 1929 and No. 184 of the Acts of 1933.
Sec. 5. EFFECTIVE DATE
This act shall take effect upon passage.
- 309 -
(Committee vote: 6-0-2)
H. 598
An act relating to designating the Vermont State Song.
Rep. Corren of Burlington, for the Committee on General, Housing and
Military Affairs, recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS
In 1998, the General Assembly adopted Joint House Resolution 102, directing
the Vermont Arts Council to appoint a three-member panel to conduct a
contest to designate a new state song. The specially-appointed panel, pursuant
to the resolution, conducted the contest in a fair and impartial manner. A total
of 107 entries was received. After a careful review, eight songs were selected
as finalists, aired on the state’s public radio and television networks, and
posted on the Vermont Arts Council’s World Wide Web site. All Vermonters
were invited to select the state song from among the final eight selections. As
a result of this public vote, the winning song was “These Green Mountains,”
composed by Diane Martin and arranged by Rita Buglass. The composer has
executed a contract with the Vermont Arts Council that includes an
authorization for the state of Vermont, defined, in the contract, as the state, the
council, local municipalities, schools, and nonprofit organizations, to publicly
perform the state song without payment.
Sec. 2. 1 V.S.A. § 514 is added to read:
§ 514. STATE SONG
The state song shall be “These Green Mountains.”
(Committee vote: 9-2-0)
H. 628
An act relating to health insurance coverage of mental health and substance
abuse services.
Rep. Alfano of Calais, for the Committee on Health and Welfare,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. 8 V.S.A. § 4089b(f) and (g) are added to read:
(f) On or before October 1 of each year, all health insurance companies,
health insurance companies who contract with managed behavioral health
organizations, and licensed mental health or substance abuse utilization review
organizations that offer, issue, or renew a health insurance plan in this state
- 310 -
shall file with the commissioner, in accordance with standards, procedures, and
forms approved by the commissioner:
(1) A report card on the health insurance plan’s performance in relation
to quality measures for the care, treatment, and treatment options of mental
health and substance abuse conditions covered under the plan, pursuant to
standards and procedures adopted by the commissioner by rule, including:
(A) the discharge rates from inpatient and outpatient mental health
and substance abuse care and treatment of insureds;
(B) the average length of stay and number of treatment sessions for
insureds receiving inpatient and outpatient mental health and substance abuse
care and treatment;
(C) the percentage of insureds receiving inpatient and outpatient
mental health and substance abuse care and treatment;
(D) the percentage of insureds utilizing a complete treatment plan;
(E) the number of insureds denied mental health and substance abuse
care and treatment, including the total number of denials per insured’s lifetime;
(F) the number of denials appealed by patients reported separately
from the number of denials appealed by providers;
(G) the rates of readmission to inpatient mental health and substance
abuse care and treatment for insureds with a mental health condition;
(H) the level of patient satisfaction with the quality of the mental
health and substance abuse care and treatment provided to insureds under the
health insurance plan;
(I) any other quality measure established by the commissioner.
(2) The health insurance plan’s revenue loss and expense ratio relating
to the care and treatment of mental health conditions covered under the health
insurance plan. The expense ratio report shall list amounts paid to health care
providers for direct services and administrative costs separately.
(g) The commissioner shall establish a task force to develop performance
quality measures for managed behavioral health care organizations. The task
force shall include the following:
(1) the commissioner of developmental and mental health services or a
designee;
(2) the director of the office of Vermont health access or a designee;
- 311 -
(3) the commissioner of banking, insurance, securities, and health care
administration or a designee;
(4) nine additional members appointed by the commissioner of banking,
insurance, securities, and health care administration, including:
(A) one representative of the behavioral managed care organization
industry;
(B) two consumers, after consultation with the health care
ombudsman;
(C) one psychologist, after consultation with the Vermont
psychological association;
(D) one psychiatrist, after consultation with the Vermont psychiatric
association;
(E) one social worker, after consultation with the National
Association of Social Workers, Vermont Chapter;
(F) one mental health counselor, after consultation with the Vermont
mental health counselors association;
(G) one drug and alcohol counselor, after consultation with the
Vermont association of drug and alcohol counselors;
(H) one representative for inpatient psychiatric services, after
consultation with the Vermont psychiatric association.
(Committee vote: 9-0-2)
H. 629
An act relating to special education services.
Rep. Osman of Plainfield, for the Committee on Education, recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. FINDINGS AND PURPOSE
(a) The general assembly finds that:
(1) Special education costs are increasing more rapidly than general
education costs. The rate of growth in these costs is unsustainable at the local
and state level.
(2) The percentage of students found eligible for special education
services is increasing.
- 312 -
(3) The blue ribbon commission on special education costs and the fiscal
review panel identified the need to strengthen the educational support systems
across the state, to improve the consistency of the delivery of special education
throughout the state, to improve the recruitment, training and retention of
special education teachers and administrators, and to improve the ability of all
teachers and administrators to meet the educational needs of all students.
(4) Early prevention and intervention services targeted to children who
are at risk of becoming special education eligible can reduce the number of
students who will eventually need special education services.
(5) Early prevention and intervention services are often less expensive
than special education services, and may only be necessary for a short time in
order to enable a student to succeed in the general education environment.
(6) Many local school districts need more technical and legal assistance
to help them control special education costs.
(7) In its work with school districts, the department of education should
emphasize effective and efficient management of delivering special education
services statewide.
(b) Therefore, it is the intent of the general assembly to contain increases in
total special education spending in Vermont, and to avoid shifting additional
costs to the local school districts, while continuing to deliver appropriate
services that meet the needs of Vermont’s students.
Sec. 2. 16 V.S.A. § 2902(a) is amended to read:
(a) Within each school district's comprehensive system of educational
services, each public school shall develop and maintain an educational support
system for children who require additional assistance in order to succeed or be
challenged in the general education environment. For each school it maintains,
a school district board shall assign responsibility for developing and
maintaining the educational support system to the superintendent pursuant to a
contract entered into under section 267 of this title, or to the principal. The
educational support system shall, at a minimum, include an educational
support team and a range of support and remedial services, including
instructional and behavioral interventions and accommodations.
Sec. 3. 16 V.S.A. § 2942 is amended to read:
§ 2942. DEFINITIONS
As used in this chapter:
***
- 313 -
(2) "Special education" means, to the extent required by federal law,
specially designed instruction, at no cost to parents or guardian, to meet the
unique educational needs of a child with a disability, including classroom
instruction, instruction in physical education, home instruction, and instruction
in hospitals and institutions. The term includes "related services" as defined in
federal law. Once the individual education plan team has determined
appropriate goals and objectives based on the student’s needs, cost to the
school district may be a factor considered in choosing appropriate services,
instruction or devices to provide to a child with a disability.
***
Sec. 4. COMMISSIONER OF EDUCATION; PLAN TO CONTAIN
SPECIAL EDUCATION COSTS WHILE CONTINUING TO MEET
THE NEEDS OF ALL VERMONT STUDENTS
(a) During the next two school years, the commissioner of education and
the state board of education shall develop and implement a plan which shall
include the elements described in this section. The goals of the plan shall be
to:
(1) contain special education costs while continuing to meet the needs of
all Vermont students;
(2) increase the capacity of general education, especially the educational
support system, to meet the needs of more students outside special education;
(3) ensure that special education programs use cost-effective practices;
and
(4) ensure that special education programs are being operated
consistently and within state and federal requirements across the state.
(b) The commissioner shall increase the capacity of general education to
meet the needs of more students outside special education by:
(1) using department resources to provide increased and improved
training opportunities for general education teachers, special education
teachers and administrators, on techniques for meeting the instructional needs
of all students; and
(2) working with the state board of education, the general assembly,
higher education, the education coalition, and school districts to develop
recommendations to improve the preparation of general education teachers.
(c) The commissioner shall increase the capacity of the educational support
system to meet the needs of more students outside special education by:
- 314 -
(1) focusing department resources and time on strengthening the
educational support system in Vermont public schools, and working with
superintendents, principals, teachers, school boards and other interested groups
to seek and use federal and other funds to accomplish this purpose. The
commissioner shall focus on strengthening the following components of each
educational support system:
(A) kindergarten through fourth grade literacy;
(B) prevention and intervention for emotional and behavioral
difficulties;
(C) other prevention and intervention components; and
(2) using the authority granted in 16 V.S.A. § 212(9), for at least school
years 2001 and 2002, requiring that superintendents and principals report on
the status of their educational support systems. The reports shall describe how
they have used funds received due to Medicaid reimbursement and to the
weighting of average daily membership for students in poverty and for students
for whom English is a second language, to support their educational support
systems.
(d) The commissioner shall provide support for special education teachers
and administrators and help in using cost-effective practices by:
(1) working with higher education to increase the availability of
qualified special education teachers and administrators by improving
recruitment and retention of special education teachers and administrators, and
developing training opportunities and incentives;
(2) providing school districts with increased legal support, information
and training in order to help districts to avoid conflict and make cost-effective
legal and procedural decisions;
(3) hiring staff or consultants, or both, who are experts in provision of
special education services, including experts in particular disability areas, and
making them available to provide technical assistance and training; and
(4) working with the University of Vermont to develop a data-based
decision-making model for individualized education plan teams to use, and
training special educators and others who serve on individualized education
planning teams to use the data-based decision-making model.
(e) The commissioner shall ensure that special education programs are
being operated consistently and in a cost-effective manner across the state by:
- 315 -
(1) studying the individualized education plans of most common
disability areas, and providing schools with data on the types and range of
services provided statewide;
(2) increasing departmental capacity to audit and monitor special
education programs in Vermont public schools, and auditing every supervisory
union and district by December 31, 2002. The commissioner shall provide
school districts with more specific guidance regarding cost allocation to special
education, and what documentation and data needs to be maintained to
complete an audit;
(3) providing training to school district leaders who shall advise and
train school staff on cost-effective practices in special education, and how to
ensure that eligibility decisions and development of individualized education
plans are more consistent across the state; and
(4) working with the state board of education to adopt rules which more
clearly define eligibility criteria for special education, and to provide
guidelines on the implementation of eligibility criteria which emphasize cost
containment and consistent application of eligibility criteria. Following
adoption of the rules, the commissioner shall provide training and materials to
school district staff on the rule revisions and guidelines. The rule revisions and
guidelines shall, at a minimum, address the adverse effect criterion and the
following:
(A) Emotional disability.
(B) Learning disability.
(C) Developmental delay.
(D) Other health impairment.
(E) Attention deficit disorder.
(f) The commissioner and state board of education shall work with the
general assembly, the education coalition and school districts to:
(1) develop recommendations regarding changes to the special
education funding formula; and
(2) address additional areas that require attention in order to contain
costs and strengthen the special education system, including the residential
placement review process, third party billing for special education medical
services and cost effectiveness of regional special education programs.
Sec. 5. COMMISSIONER OF EDUCATION; REPORTS
- 316 -
On or before January 15 in years 2001 and 2002, the commissioner shall
report to the Senate and House committees on education concerning the
progress made toward strengthening the educational support system in
Vermont public schools and containing special education costs.
(1) In year 2001, the report shall include:
(A) an update on the activities carried out under the plan made
pursuant to Sec. 4 of this act;
(B) an examination of the equity of the core staff rules regarding
calculation of state aid for special education, including proposed changes that
would make the rules more equitable, and actions that have been taken or
contemplated to make the rules more equitable; and
(C) recommendations for additional steps to ensure that Vermont will
achieve a sustainable level of growth in special education costs by FY 2003.
(2) In year 2002, the report shall include:
(A) a final report on all applicable items in the year 2001 report;
(B) recommendations for statutory change that would enable further
strengthening of the educational support system, including recommendations
for funding the education support system separately from general and special
education;
(C) a recommendation regarding whether to continue, repeal or revise
the limits imposed on state aid for special education under Sec. 120(a) of No. 7
of the Acts of 1998;
(D) a plan to increase consistency of delivery of special education
statewide; and
(E) a plan for future actions that will continue to contain special
education costs, and a projection of special education cost increases through
fiscal year 2007.
Sec. 6. SPECIAL EDUCATION FUNDING; LIMITS
In order to enable the commissioner of education to use the tools provided
in this act to strengthen the educational support system and reduce the costs of
special education, and in order to give the general assembly time to assess the
cost saving effects of the provisions of this act, implementation of the caps
imposed in Sec. 120(a) of No. 7 of the Acts of 1998, relating to limits to state
aid for special education, shall be delayed until fiscal year 2003, and all dates
in subsection (a) shall therefore be advanced by three years.
Sec. 7. COMMITTEE ON INTERAGENCY COORDINATION AND
- 317 -
FUNDING FOR PROVISION OF SPECIAL EDUCATION
SERVICES
There is hereby created a committee to be made up of three senators
appointed by the committee on committees and three representatives appointed
by the speaker to study interagency coordination and funding regarding special
education. The committee shall:
(1) work with the secretary of the agency of human services, the
commissioner of employment and training and the director of the adult basic
education system to study how each agency should provide for and share in
paying for special education services for eligible persons under 22 years of
age, in school or out-of-school;
(2) examine whether the upper limit of age eligibility should be 21 or 22
years of age;
(3) examine the interagency agreement regarding coordination of special
education services entered into pursuant to 20 U.S.C. § 1412(a)(12) to
determine if services are currently provided and paid for in the most
appropriate and cost-effective way; and
(4) report its findings and recommendations to the general assembly by
January 15, 2001.
Sec. 8. POSITIONS AUTHORIZED; APPROPRIATION
(a) The commissioner of education is hereby authorized to create up to ten
new permanent full-time positions in the department of education in order to
carry out the plan mandated in Sec. 4 of this act.
(b) The amount of $1,236,00.00 is appropriated to the commissioner of
education for the purpose of implementing the plan mandated in Sec. 4 of this
act.
And the committee further recommends that after passage, the title of the
bill be amended to read: AN ACT RELATING TO CONTAINING SPECIAL
EDUCATION COSTS WHILE CONTINUING TO MEET THE NEEDS OF
ALL VERMONT STUDENTS
(Committee vote: 10-0-1)
H. 727
An act relating to youth hunting day.
Rep. Brown of Walden, for the Committee on Fish, Wildlife and Water
Resources, recommends the bill be amended as follows:
- 318 -
On page 1, line 15, by striking the words “resides in” and inserting in lieu
thereof the following: is a legal resident of
(Committee vote: 9-0-0)
H. 738
An act relating to professional regulation.
(Rep. Rivero of Milton will speak for the Committee on Government
Operations.)
Rep. Hathaway of Barton, for the Committee on Health and Welfare,
recommends the bill be amended as follows:
First: In Sec. 1, page 3, lines 16 through 21, by striking subdivision (11) in
its entirety and inserting in lieu thereof the following:
(11) Issue temporary licenses to health care providers during a declared
state of emergency. The health care provider to be issued a temporary license
must be currently licensed, in good standing, and not subject to disciplinary
proceedings in any other jurisdiction. The temporary license shall authorize
the holder to practice in Vermont until the termination of the declared state of
emergency or 90 days, whichever occurs first. Fees shall be waived when a
license is required to provide services under this subdivision.
Second: In Sec. 37, page 35, line 12, by striking the word “immediately”
after the word “to” and inserting the word immediately after the word “match”
Third: In Sec. 37, page 37, line 4, by adding a comma after the word
boxing
Fourth: In Sec. 37, page 42, line 7, by striking the word “proscribed” and
inserting in lieu thereof the word prescribed
Fifth: In Sec. 38, page 45, by striking lines 10 through 12, and inserting in
lieu thereof the following:
(6) “Supervision” means the oversight of a person for purposes of
teaching, training, or clinical review by a professional in the same area of
specialized practice.
Sixth: In Sec. 38, page 46, line 12 by striking the word “of” and inserting in
lieu thereof the word or
Seventh: In Sec. 38, page 47, lines 4 through 6, by striking subdivision (4)
in its entirety and inserting in lieu thereof the following:
- 319 -
(4) The activities and services of approved alcohol and drug counselors
who are working under the supervision of a licensed alcohol and drug abuse
counselor.
Eighth: In Sec. 44, page 58, by striking lines 1 through 19 and inserting in
lieu thereof the following:
(1) certification as a certified professional midwife (CPM) by the North
American Registry of Midwives;
(2) earned a high school degree or its equivalent as a basis for entry into
the study of midwifery; and
(3) agreed to practice according to the scope and standards of practice as
required by rules adopted pursuant to section 4185 of this title.
Ninth: In Sec. 44, page 59, by striking § 4184 in its entirety
Tenth: In Sec. 44, page 59, by striking lines 19 through 21, and page 60,
by striking lines 1 through 2 in their entirety and inserting in lieu thereof the
following:
(b) The director shall adopt general rules necessary to perform his or her
duties under this chapter, maintain and make available a list of approved
programs for continuing education, and by January 1, 2001, in consultation
with the commissioner of health, the Vermont medical society, the Vermont
program for quality in health care, and the Vermont chapter of the American
College of Nurse-Midwives, adopt specific rules defining the scope and
practice standards based on the practice standards of the Vermont Midwives
Alliance (VMA) and the Midwives Alliance of North America (MANA) and a
protocol and formulary for drug use by licensed midwives including anti-
hemorrhagic drugs and oxygen.
Eleventh: In Sec. 44, page 63, by adding two new sections to read as
follows:
§ 4191. WRITTEN PLAN FOR CONSULTATION, EMERGENCY
TRANSFER AND TRANSPORT
Every licensed midwife shall develop a written plan for consultation with
physicians licensed under chapter 23 of this title and other health care
providers for emergency transfer, for transport of an infant to a newborn
nursery or neonatal intensive care nursery, and for transport of a woman to an
appropriate obstetrical department or patient care area. The written plan shall
be submitted to the director on an approved form with the application required
by section 4184 of this title and biennially thereafter with the renewal form
required by section 4187 of this title.
- 320 -
§ 4192. INFORMED CONSENT
A licensed midwife shall provide each client with and maintain a record of a
signed informed consent form that describes the midwife’s education and
credentials, whether the midwife has professional liability insurance coverage,
procedures and risks of home birth, a copy of the emergency plan required by
section 4191 of this title, and the address and phone number of the office of
professional regulation where complaints may be filed.
Twelfth: In Sec. 44, page 61, line 9, by inserting the word maintained
before the word “current”
Thirteenth: In Sec. 44, page 62, lines 9 through 11, by striking subsection
(b) and inserting in the following in lieu thereof:
(b) Unprofessional conduct shall include the conduct prohibited by section
129a of Title 3 and by this section, whether or not taken by a license holder:
Fourteenth: In Sec. 44, page 62, line 16, by striking the word “such” and
inserting in lieu thereof the word that
Fifteenth: In Sec. 44, by renumbering all sections and cross references to be
correct
Sixteenth: In Sec. 46, page 64, lines 10 through 11, by striking the word
“permanently” and inserting the word permanently after the word “hair” and in
line 13, by striking the word “permanently”
(Committee vote: 10-1-0)
Rep. Steele of Waterbury, for the Committee on Ways and Means,
recommends the bill be amended as follows:
First: In Sec. 44, page 62, by striking 26 V.S.A. § 4189 in its entirety and
inserting in lieu thereof the following:
§ 4189. FEES
The following fees shall apply to this chapter:
(1) Issuance of initial license $500.00
(2) Biennial renewal $500.00
(3) Application for reinstatement $150.00
Second: In Sec. 46, page 69, by striking 26 V.S.A. § 4410 in its entirety
and inserting in lieu thereof the following:
§ 4410. FEES
- 321 -
Applicants and persons regulated under this chapter shall be subject to the
following fees:
(1) Application for certification $500.00
(2) Biennial renewal of certification $500.00
(3) Shop registration $100.00
(4) Shop reinspection $100.00
(Committee vote: 6-2-3)
H. 815
An act relating to the liability of mortgagees for failure to discharge
mortgages.
Rep. Colvin of Bennington, for the Committee on Commerce,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. 27 V.S.A. § 464 is amended to read:
§ 464. LIABILITY OF MORTGAGEE FOR FAILURE TO PROVIDE
PAYOFF STATEMENTS AND REFUSAL TO DISCHARGE
After performance of the condition, either before or after the breach thereof,
if a mortgagee, assignee or the executor or administrator of either, fails to
execute a discharge mentioned in sections 461-463 of this title within ten days
after being requested to do so and after a tender of his reasonable charges, or to
make, execute and acknowledge a deed of release of the mortgage, he shall be
liable for damages occasioned thereby to be recovered in an action on this
statute. Such mortgagor, his heirs, executors, administrators or assigns may
have such further relief in a superior court as is just.
(a) Within five business days after the mortgagee’s receipt of a written
request for a statement of the amount of funds or other obligations required to
satisfy a note or other obligation secured by a mortgage, the mortgagee shall
provide a written payoff statement to the mortgagor. The mortgagee shall not
impose a fee or other charge for providing the payoff statement, unless the
request specifically asks for expedited service. A request for a payoff
statement shall include the name of the mortgagor, the loan number assigned to
the loan, and the address of the property securing the loan. If a written payoff
statement is not deposited in the U.S. mail, delivered to a courier service, sent
by facsimile, or sent by other method of service customarily used for delivery
of messages, within five business days after receiving the request, the holder
and any servicer shall be jointly and severally liable to any aggrieved party in a
- 322 -
civil action for exemplary damages equal to $25.00 per day after the expiration
of the five business days, up to an aggregate maximum of $5,000.00 for all
aggrieved parties; provided, however, any servicer not authorized to issue a
payoff statement shall not be liable as set forth herein.
(b) Within 30 days after full performance of the conditions of the
mortgage, the mortgagee of record shall execute and deliver a valid and
complete discharge as provided in sections 461-463 of this title, together with
any instrument necessary to establish the mortgagee’s record ownership of the
mortgage and to establish the authority to execute the discharge. As used in
this section, the term “mortgagee” shall mean both the holder of the mortgage
at the time it is satisfied and any servicer who receives the final payment
satisfying the debt. If a discharge is not executed and delivered within 30
days, the holder and any servicer shall be jointly and severally liable to any
aggrieved party in a civil action for exemplary damages equal to $25.00 per
day after the expiration of the 30 days, up to an aggregate maximum of
$5,000.00 for all aggrieved parties; provided, however, any servicer not
authorized to execute such discharge shall not be liable as set forth in this
section. The court shall equitably allocate exemplary damages among multiple
aggrieved parties. In addition to any exemplary damages, the mortgagee shall
also be liable for consequential damages, court costs and reasonable attorney’s
fees to any aggrieved party who substantially prevails in an action under this
section. With respect to a mortgagee securing an open-end line of credit, the
30-day period to deliver a discharge commences after the mortgagor delivers to
the address designated for payments under the line of credit a written request to
terminate the line of credit and mortgage, together with payment in full of all
amounts secured by the mortgage.
Sec. 2. EFFECTIVE DATE
This act shall apply to all requests for payoffs and mortgage discharges
received on or after October 1, 2000.
The Committee further recommends that after passage the title of the bill be
amended to read: AN ACT RELATING TO THE LIABILITY OF
MORTGAGEES FOR FAILURE TO PROVIDE PAYOFF STATEMENTS
AND DISCHARGE MORTGAGES
(Committee vote: 10-0-1)
NOTICE
The House may be in session on Monday, February 28. Please keep your
calendars open on that date.
Forum for All Legislators
- 323 -
Thursday, February 24, 2000, 7 – 9 PM, Room 11, House Committee on
Education – Presentation on Quality Standards in Education
PUBLIC HEARINGS
Wednesday, February 23, 2000, Room 11, 4:30 – 6:30 PM – Senate
Committee on Agriculture – S. 295 Genetically Engineered Seeds
Thursday, February 24, 2000, Room 10, 6 – 8 PM, Senate Committee on
Government Operations – Constitutional Amendment Proposals 1, 2 and 4:
l. Four-year term
2. Plurality voting for Governor
4. Mandatory retirement for judges
Wednesday, March 22, 2000, Room 11, 7 – 9 PM, House Committee on
Commerce – Emergency Medical Services
MEETING NOTICE
The House Committee on Rules will meet Tuesday, February 29, 2000 at 4
PM in Room 10.
- 324 -
Related docs
Other docs by qdt18012
Bill of Sale of Corporation Personal Property with No Warranty of Corporation
Views: 18 | Downloads: 0
