Filing Template for a Certificate of Probable Cause for Appeal

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					                House Calendar
                      TUESDAY, FEBRUARY 26. 2002
                    50th DAY OF ADJOURNED SESSION

                            ORDERS OF THE DAY

                            ACTION CALENDAR
                                Third Readings
                                     H. 403
   An act relating to standard health insurance policy provisions.
                                     H. 723
   An act relating to state of Vermont marketing database applications.
                                     H. 750
   An act relating to arrest without a warrant.
  Amendment to be offered by Reps. Nuovo of Middlebury, Alfano of
Calais, Emmons of Springfield, Fisher of Lincoln, Milkey of Brattleboro,
Paquin of Fairfax and Seibert of Norwich to H. 750
    Move to amend the bill by striking all after the enacting clause and inserting
in lieu thereof the following:
Sec. 1. Rule 3 of the Vermont Rules of Criminal Procedure is amended to
read:
RULE 3. ARREST WITHOUT WARRANT; CITATION TO APPEAR
  (a) Arrest Without Warrant. A law enforcement officer may arrest without
warrant a person whom the officer has probable cause to believe has
committed a crime in the presence of the officer. Such an arrest shall be made
while the crime is being committed or without unreasonable delay thereafter.
    (b) An If a law enforcement officer has probable cause to believe that a
crime has been committed, the officer may also arrest a person without warrant
in the following situations if the officer has probable cause to believe:
    (1) when the officer has probable cause to believe a A person has
committed or is committing a felony;.


                                     - 262 -
      (2) when the officer has probable cause to believe: (A) that a person has
violated an abuse prevention order issued by a court in this state pursuant to
Chapter 21 of Title 15 or Chapter 69 of Title 33;
          (B) that a person has violated a foreign abuse prevention order issued
by a court in any other state, federally recognized Indian tribe, territory or
possession of the United States, the Commonwealth of Puerto Rico or the
District of Columbia;
         (C) that a person has committed a misdemeanor which involves an
assault against a family member, or against a household member as defined in
15 V.S.A. § 1101(2), or a child of such a family or household member;
         (D) that a person has committed a misdemeanor which involves an
assault against, or sexual activity as defined in 33 V.S.A. § 6902(11) with,
            (i) an individual over the age of 60, or
           (ii) an adult whom the officer has reason to believe has a disability
which prevents the adult from providing his or her own care or protection, or
            (iii) a minor child of such an individual or adult,
or that a person has abused, as defined in 33 V.S.A. § 6902(1), such an
individual, adult, or child; or
         (E) that a person has violated a hate-motivated crime injunction
pursuant to chapter 33 of Title 13.
      (3) when the officer has probable cause to believe that a person has
committed a misdemeanor and the person has refused to identify himself or
herself when requested by the officer. An arrest under this subdivision shall be
made without unreasonable delay after the alleged offense was committed, and
not thereafter. In the case of an arrest under this subdivision, the person may
be detained only until he or she is identified;
      (4) when the officer has probable cause to believe that a person has
committed a misdemeanor and, if not immediately arrested, will cause personal
injury or damage to property. An arrest under this subdivision shall be made
without unreasonable delay after the alleged offense was committed, and not
thereafter;
     (5) when the officer has probable cause to believe a person has
committed or is committing a violation of 23 V.S.A. § 1128 or 23 V.S.A.
§ 1201;
      (6) when the officer has probable cause to believe: (i) that a person who
is the subject of a judicial order commanding him or her to appear at a

                                     - 263 -
specified time and place or be subject to arrest has, without just cause, failed to
appear as ordered; or (ii) that a person has violated a condition of release
relating to a restriction on travel or a condition that he or she not directly
contact, harass or cause to be harassed a victim or potential witness;
      (7) pursuant to the authority granted by 28 V.S.A. § 551 pertaining to
persons on parole, the authority granted under 28 V.S.A. § 363 pertaining to
persons serving supervised community sentence, and the authority granted by
28 V.S.A. § 301 pertaining to persons on probation. Probable cause shall be
based on the same evidence required for issuance of a summons or warrant
under Rule 4(b). If arrest is not authorized under this rule, an officer may issue
the person a citation to appear before a judicial officer.
      (2) The person has failed to provide satisfactory proof of identity.
     (3) Arrest is necessary to obtain nontestimonial identification upon the
person or within the reach of the person, including an evidentiary test for
purposes of determining blood alcohol content.
     (4) Arrest is necessary to prevent additional criminal conduct or to
prevent harm to the person arrested.
       (5) The person has no ties to the community reasonably sufficient to
assure his or her appearance, or there is a substantial likelihood that he or she
will refuse to respond to a citation.
     (6) The person has previously failed to appear in response to a citation,
summons, warrant, or other court order issued in connection with the same or
another offense.
       (7) The person has violated an abuse prevention order issued by a court
in this state pursuant to 15 V.S.A. chapter 21.
      (8) The person has violated a foreign abuse prevention order issued by a
court in any other state, federally-recognized Indian tribe, territory or
possession of the United States, the Commonwealth of Puerto Rico or the
District of Columbia.
      (9) The person has committed a misdemeanor which involves an assault
against a family member, or against a household member, as defined in
15 V.S.A. § 1101(2), or a child of such a family or household member.
     (10) The person has violated 33 V.S.A. § 6913(d) (sexual activity
between a caregiver and an elderly or disabled adult).
      (11) The person has abused, as defined in 33 V.S.A. § 6902(1):
         (A) a person over the age of 60;

                                      - 264 -
        (B) an adult whom the officer has reason to believe has a disability
which prevents the adult from providing his or her own care or protection; or
           (C) a minor child of such person.
      (12) The person has violated 23 V.S.A. § 1201 (operating a vehicle
under the influence), and has a prior conviction under 23 V.S.A. § 1201.
     (13) The person has violated a hate-motivated crime injunction issued
pursuant to chapter 33 of Title 13.
      (14) The person has violated a condition of release that relates to:
           (A) a restriction on travel, including curfew;
           (B) the operation of a motor vehicle; or
           (C) direct or indirect contact or harassment of a victim or potential
witness.
      (15) The person has violated 13 V.S.A. § 1062 (stalking).
      (16) The person has violated 13 V.S.A. § 1023 (simple assault).
   (c) Persons under the Supervision of the Commissioner of Corrections. A
law enforcement officer may arrest a person under the supervision of the
commissioner of corrections without a warrant:
      (1) pursuant to 28 V.S.A. § 301, if the person is on probation and a
correctional officer believes the person has violated a condition of his or her
probation; or
      (2) pursuant to 28 V.S.A. § 363, if the person is serving a supervised
community sentence, and a correctional officer believes the person has violated
a condition of his or her supervised community sentence; or
      (3) pursuant to 28 V.S.A. § 551, if the person is on parole, and a
correctional officer believes the person has violated a condition of his or her
parole.
      (4) pursuant to 28 V.S.A. § 808, if the person is on furlough, and a
correctional officer believes the person has violated a condition of his or her
furlough.
   (b)(d) Same: Procedure Continuation of Custody. A person arrested
without a warrant shall either be released in accordance with subdivision (c) of
this rule or and not released on a citation shall be brought before the nearest
available judicial officer without unnecessary delay. The information and
affidavit or sworn statement required by Rule 4(a) shall be filed with or made


                                       - 265 -
before the judicial officer when the arrested person is brought before him the
judicial officer.
   (c)(e) Citation To Appear Before a Judicial Officer. When a person has
been arrested without a warrant, a citation to appear in lieu of continued
custody shall be issued as provided in this rule, if:
     (1) the charge for which the arrest was made is reduced to a
misdemeanor, and none of the exceptions in subsection (b) of this rule apply;
or
     (2) the charge for which the arrest was made is a misdemeanor listed as
an exception in subsection (b) of this rule, and the conditions or reasons for
which the exception applied no longer exist.
      (1) Mandatory Issuance. A law enforcement officer acting without
warrant who is authorized to arrest a person for a misdemeanor under
subdivision (a) of this rule shall, except as provided in paragraph (2) of this
subdivision, issue a citation to appear before a judicial officer in lieu of arrest.
In such circumstances, the law enforcement officer may stop and briefly detain
such person for the purpose of determining whether any of the exceptions in
paragraph (2) applies, and issuing a citation, but if no arrest is made, such
detention shall not be deemed an. arrest for any purpose. When a person has
been arrested without warrant, a citation to appear in lieu of continued custody
shall be issued as provided in this rule if (A) the charge for which the arrest
was made is reduced to a misdemeanor and none of the exceptions in
paragraph (2) applies, or (B) the arrest was for a misdemeanor under one of the
exceptions in paragraph (2) and the reasons for the exception no longer exist.
      (2) Exceptions. The citation required in paragraph (1) of this
subdivision need not be issued, and the person may be arrested or continued in
custody, if
          (A) A person subject to lawful arrest fails to identify himself
satisfactorily; or
         (B) Arrest is necessary to obtain nontestimonial evidence upon the
person or within the reach of the arrested person; or
         (C) Arrest is necessary to prevent bodily injury to the person arrested
or to the person of another, harm to property, or continuation of the criminal
conduct for which the arrest is made; or
         (D) The person has no ties to the community reasonably sufficient to
assure his appearance or there is a substantial likelihood that he will refuse to
respond to a citation; or

                                      - 266 -
          (E) The person has previously failed to appear in response to a
citation, summons, warrant or other order of court issued in connection with
the same or another offense; or
         (F) A situation described in subdivision (a)(2) is present; or
         (G) The officer has probable cause to believe the person has a prior
conviction of 23 V.S.A. § 1201 and has committed a second violation of
23 V.S.A. § 1201.
       (3) Discretionary Issuance in Cases of Felony. A law enforcement
officer acting without warrant may issue a citation to appear in lieu of arrestor
continued custody to a person charged with any felony where arrest or
continued custody is not patently necessary for the public safety and such facts
as the officer is reasonably able to ascertain as to the person’s place and length
of residence, family relationships, references, past and present employment, his
criminal record, and other relevant matters satisfy the officer that the person
will appear in response to a citation.
      (4)(f) Discretionary Issuance by Prosecuting Officer. A prosecuting
officer may issue a citation to appear to any person whom the officer has
probable cause to believe has committed a crime. The citation shall be served
as provided for service of summons in Rule 4(f)(1) of these Rules rules.
Probable cause shall be based upon the same evidence required for issuance of
a summons or warrant under Rule 4(b) of these rules.
       (5)(g) Form. The citation to appear shall be dated and signed by the
issuing officer and shall state the name of the person to whom it is issued and
the offense for which he would have been arrested or continued in custody. It
shall direct the person to appear before a judicial officer at a stated time and
place.
      (6)(h) Filing Citation and Information with Judicial Officer. A copy of
the citation to appear, signed by the issuing officer issuing it, and the
information and affidavit or sworn statement required by Rule 4(a), of these
rules shall be filed with or made before the judicial officer at the time for
appearance stated in the citation.
   (7)(i) Temporary Release. A law enforcement officer arresting a person
shall contact a judicial officer for determination of temporary release pursuant
to Rule 5(b) of these rules without unnecessary delay.
  Representatives Hingtgen of Burlington and Driscoll of Burlington
move that the bill be amended by adding a new Sec. 3 to read as follows:
Sec. 3. 20 V.S.A. § 2061 is amended to read:
§ 2061. FINGERPRINTING
                                     - 267 -
   (a) A law enforcement officer shall take, or cause to be taken, the
fingerprints and photographs of a person if the person is arrested or given a
summons or citation for a felony or for being a fugitive from justice.
   (b) A law enforcement officer may take, or cause to be taken, the
fingerprints and photographs of a person who is arrested or given a summons
or citation for a misdemeanor, only in the event that the officer would be
permitted to make an arrest and continue custody under subsection (b) of Rule
3 of the Vermont Rules of Criminal Procedure.
                                      ***
                         Favorable with Amendment
                                     H. 225
  An act relating to attempting to elude an enforcement officer while
operating a motor vehicle.
    Rep. Flory of Pittsford, for the Committee on Judiciary, recommends the
bill be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
Sec. 1. 23 V.S.A. § 1133 is amended to read:
§ 1133. ATTEMPTING TO ELUDE A POLICE OFFICER
   (a) An operator of a motor vehicle who fails to bring his or her vehicle to a
stop when signaled to do so by an enforcement officer wearing insignia
identifying him or her as such, or operating a law enforcement vehicle
sounding a siren and displaying a flashing blue or blue and white signal lamp,
shall be imprisoned for not more than six months one year or fined not more
than $500.00 $1,000.00, or both.
   (b) In the event that either serious bodily injury to any person other than the
operator or property damage in excess of $1,000.00 occurs as a result of the
operator’s knowing failure to bring the vehicle to a stop, the operator shall be
imprisoned for not more than five years or fined not more than $3,000.00, or
both.
   (c) A person convicted of violating this section shall be assessed a
surcharge of $50.00, which shall be added to any fine or surcharge imposed by
the court. The court shall collect and transfer the surcharge assessed under this
subsection to be credited to the DUI enforcement fund. The collection
procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of
this surcharge.
(Committee vote: 10-0-1)

                                     - 268 -
                                     H. 568
   An act relating to claims against municipal officers.
   Rep. Hummel of Underhill, 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. LEGISLATIVE FINDINGS AND INTENT
   (a) The general assembly finds that:
      (1) The doctrine of sovereign immunity for municipalities and the
doctrine of qualified immunity for municipal officers and employees are
important protections for municipalities and employees in the state of
Vermont.
      (2) Changes to the doctrines of sovereign immunity and qualified
immunity require the weighing of broad public policies affecting
municipalities and injured parties, a task which is better suited to the broad
powers of the General Assembly, rather than the narrow examination normally
given by a court.
  (b) The General Assembly intends that nothing in this act will affect the
underlying doctrines of sovereign immunity for municipalities or qualified
immunity for municipal officers and employees.
Sec. 2. 24 V.S.A. § 901 is amended to read:
§ 901. ACTIONS BY OR AGAINST TOWN MUNICIPAL OFFICERS OR
       EMPLOYEES
   (a) Where an action is given to any appointed or elected municipal officer
or town school district officer, the action shall be brought in the name of the
town in which the officer serves and in the case of a town school district
officer in the name of the town school district. If the action is given against
such officers, it shall be brought against such town or town school district, as
the case may be.
   (b) The municipality shall assume all reasonable legal fees incurred by an
officer when the officer was acting in the performance of his duties and did not
act with any malicious intent.
   (a) As used in this section:
      (1) ―Municipal employee‖ means any employee of a municipality as
defined in section 126 of Title 1, or any former employee, for causes of action
that arose during his or her term of employment. The term also includes any
person who volunteers for a municipality by providing services at the request
                                     - 269 -
of a public body and under its direction and control, but does not receive
compensation.
     (2) ―Municipal officer‖ means any elected or appointed officer of a
municipality as defined in section 126 of Title 1, or any former officer, for
causes of action that arose during his or her term of office.
   (b) When an action is brought by a municipal officer in his or her official
capacity, the action shall be brought in the name of the municipality in which
the officer serves.
   (c) When a discretionary act or omission of a municipal officer, acting
within the scope of his or her employment, is alleged to have resulted in
damage to property, injury to persons, or death, the exclusive right of action
shall lie against the municipality, and no action may be maintained against the
municipal officer or the estate of the municipal officer. When state law does
not provide immunity for a municipal officer, an action may be maintained
directly against the municipal officer. When an act or omission of a municipal
officer acting within the scope of his or her employment is alleged to have
resulted in damage to property, injury to persons, or death, the municipality
shall assume all reasonable legal fees and costs. In no event shall the personal
assets of the municipal officer be attached or otherwise levied upon to satisfy
any judgment against that municipal officer arising out of any act or omission
committed by that officer which occurs within the scope of his or her
employment.
   (d) When state law does not provide immunity for a municipal employee,
an action may be maintained directly against the municipal employee. When
an act or omission of a municipal employee acting within the scope of his or
her employment is alleged to have resulted in damage to property, injury to
persons, or death, the municipality shall assume all reasonable legal fees and
costs. In no event shall the personal assets of the municipal employee be
attached or otherwise levied upon to satisfy any judgment against that
municipal employee arising out of any act or omission committed by that
employee which occurs within the scope of his or her employment. The
liability of the municipal employee shall be limited to:
     (1) the maximum amount of insurance coverage provided by the
municipality for the municipal employee; or
      (2) the maximum amount of coverage through an intermunicipal
insurance agreement under subchapter 6 of chapter 121 of this title provided by
the municipality for the employee.
    (e) If a municipality fails to purchase or maintain insurance coverage, or
fails to purchase or maintain coverage through an intermunicipal insurance
                                    - 270 -
agreement as provided in subchapter 6 of chapter 121 of this title, for its
municipal employees for acts or omissions occurring within the scope of the
employment of the employee, the municipality shall indemnify the employee
for any judgment and reasonable legal fees and costs as a result of any act or
omission committed by that employee acting within the scope of his or her
employment.
   (f) Nothing in this section shall be construed to modify the ability of a
municipality, municipal officer, or municipal employee to assert the defense of
immunity, with respect to the acts or omissions of that municipal employee or
officer, to the extent applicable under common law.
   (g) This section shall not apply to gross negligence or willful misconduct.
Sec. 3. REPEAL
   24 V.S.A. § 1313 (village authority to indemnify officers) is repealed.
Sec. 4. LEGISLATIVE COUNCIL STUDY
   (a) The legislative council staff shall:
     (1) examine the statutory and common law provisions of the state of
Vermont on municipal sovereign immunity and qualified immunity for
municipal officers and employees;
     (2)      summarize existing theories of sovereign immunity for
municipalities and immunity for municipal officers and employees;
      (3) examine whether there is a national trend toward or away from
providing immunity to municipal officers and employees; and
      (4) examine the statutory and common law provisions of other New
England states and states comparable in local governance or population
regarding sovereign immunity for municipalities and immunity for municipal
officers and employees.
   (b) By January 1, 2003, the legislative council shall file a report of its
findings, including an analysis of options suitable for the state of Vermont, to
the General Assembly.
Sec. 5. EFFECTIVE DATE
   This act shall take effect upon passage.
(Committee vote: 7-0-1)




                                      - 271 -
                          For Action Under Rule 52
                                 J. R. H. 217
  Joint resolution congratulating Elyse Bellamy on winning the Alanis
Morissette music rock video contest.
                                 J. R. H. 218
   Joint resolution honoring Vermont 4-H on the occasion of its centennial
anniversary.
   (For text see House Journal Friday, February 22, 2002)


                           NOTICE CALENDAR
                        Favorable with Amendment
                                    H. 372
   An act relating to motorboat registration fees and control of eurasian
milfoil.
   Rep. Howrigan of Fairfield, for the Committee on Fish, Wildlife and
Water Resources, recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. 23 V.S.A. § 3305(b) and (c)(3)(A) and (B) are amended to read:
§ 3305. FEES
                                     ***
   (b) Annually, the owner of each motorboat required to be registered by this
state shall file an application for a number with the commissioner of motor
vehicles on forms approved by him or her. The application shall be signed by
the owner of the motorboat and shall be accompanied by a fee of $15.00 and a
surcharge of $5.00 for a motorboat in class A; by a fee of $25.00 and a
surcharge of $10.00 for a motorboat in class 1; by a fee of $50.00 and a
surcharge of $10.00 for a motorboat in class 2; by a fee of $110.00 and a
surcharge of $10.00 for a motorboat in class 3. Upon receipt of the application
in approved form, the commissioner shall enter the application upon the
records of the department of motor vehicles and issue to the applicant a
registration certificate stating the number awarded to the motorboat and the
name and address of the owner. The owner shall paint on or attach to each side
of the bow of the motorboat the identification number in such manner as may
be prescribed by rules of the commissioner in order that it may be clearly
visible. The registration shall be void one year from the first day of the month

                                    - 272 -
of issue. A vessel of less than 10 horsepower used as a tender to a registered
vessel shall be deemed registered, at no additional cost, and shall have painted
or attached to both sides of the bow, the same registration number as the
registered vessel with the number ―1‖ after the number. The number shall be
maintained in legible condition. The registration certificate shall be pocket
size and shall be available at all times for inspection on the motorboat for
which issued, whenever the motorboat is in operation. A duplicate registration
may be obtained upon payment of a fee of $2.00 to the commissioner.
   (c) A person engaged in the manufacture or sale of motorboats of a type
otherwise required to be registered by this subchapter, upon application to the
commissioner upon forms prescribed by him or her, may obtain registration
certificates for use as described under subdivision (1) of this subsection.
                                     ***
     (3) An application for a dealer motorboat registration number shall be
accompanied by the following fees:
         (A) for the first number applied for, $25.00 and a surcharge of $5.00;
         (B) for each additional number applied for in the current registration
period, $5.00 and surcharge $5.00.
Sec. 2. 23 V.S.A. § 3319 is amended to read:
§ 3319. FEES COLLECTED; SPECIAL FUND
                                     ***
   (b) The fees and penalties collected under the provisions of this subchapter,
excluding surcharges collected under subsection 3305(b) and subdivisions
3305 (c)(3)(A) and (B) of this title, shall be deposited in the motorboat
registration fund and shall be allocated as follows:
                                     ***
      (3) 25 percent to the department of environmental conservation for the
purpose of aquatic nuisance control pursuant to 10 V.S.A. §§ 921, 922, and
923, and 1263a;
                                     ***
   (c) The surcharges collected under subsection 3305(b) and subdivisions
3305(c)(3)(A) and (B) of this title shall be credited to the special fund
established under subdivision 3319(b)(3) of this section for the purpose of an
aquatic nuisance control grant program pursuant to sections 921, 922, and 923
of Title 10.
Sec. 3. STAFFING OF THE AQUATIC NUISANCE PROGRAM
                            - 273 -
   Unless otherwise provided by law, the secretary of the agency of natural
resources shall not decrease the number of staff in the aquatic nuisance control
program below the level that existed as of January 1, 2002.
Sec. 4. EFFECTIVE DATE
   This act shall take effect July 1, 2002.
Sec. 5. SUNSET
   This act shall expire on July 1, 2007.
(Committee vote: 7-0-2)
                                      H. 589
   An act relating to environmental court.
   Rep. Vinton of Colchester, for the Committee on Judiciary, recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. 4 V.S.A. § 21a is amended to read:
§ 21a. DUTIES OF THE ADMINISTRATIVE JUDGE
   (a) The administrative judge shall assign and specially assign superior and
district judges and specially assign district and superior judges, including
himself or herself, and the environmental judge if available, to the superior,
environmental, district and family courts. If the administrative judge
determines that additional judicial time is needed to address cases filed in
environmental court, the judge may assign or specially assign up to four judges
on a part-time basis to the environmental court. When assigning or specially
assigning judges to the environmental court, the administrative judge shall give
consideration to experience and expertise in environmental and zoning law,
and shall assign or specially assign judges in a manner to provide appropriate
attention to all geographic areas of the state. All judges, except the
environmental judge, shall be subject to the requirements of rotation as ordered
by the supreme court.
   (b) In making any assignment under this section, the administrative judge
shall give consideration to the experience, temperament and training of a judge
and the needs of the court. In making a special assignment to the
environmental court under section 1001(e) of this title, the administrative judge
shall give consideration to experience and expertise in environmental and
zoning law.



                                      - 274 -
Sec. 2. 4 V.S.A. § 22 is amended to read:
§ 22. DESIGNATION AND SPECIAL ASSIGNMENT OF JUDICIAL
      OFFICERS AND RETIRED JUDICIAL OFFICERS
    (a) The chief justice may appoint and assign a retired justice or judge with
his or her consent or a superior judge or district judge to a special assignment
on the supreme court. The chief justice may appoint and the administrative
judge shall assign an active or retired justice or a retired judge, with his or her
consent, to any special assignment in the district, family, environmental or
superior courts. The administrative judge shall assign a judge to any special
assignment in the district, family, environmental or superior court. Preference
shall be given to superior judges to sit in superior courts. Preference shall be
given to district judges to sit in district courts. The environmental judge shall
sit in environmental court, except as provided for in section 1001(b) of this
title.
                                      ***
Sec. 3. 4 V.S.A. § 1001 is amended to read:
§ 1001. ENVIRONMENTAL COURT
   (a) An environmental court having statewide jurisdiction is created as a
court of record subject to the authority granted to the supreme court. The
environmental court shall consist of the presiding judge sitting alone.
   (b) One environmental judge shall be appointed within the judicial branch
who shall hear matters arising under chapters 23 and 201 of Title 10 and
matters arising under 24 V.S.A. chapter 117 and chapter 61, subchapter 12 in
environmental court. When the environmental judge is current in the
processing of all cases within the jurisdiction of the environmental court, the
administrative judge may assign additional judicial functions to that judge
pursuant to subsection (a) of section 22 of this title. The environmental judge
shall sit in environmental court at least two-thirds of his or her time.
   (c) An environmental judge shall be an attorney admitted to practice before
the Vermont supreme court. An environmental judge shall be nominated,
appointed, confirmed, paid, and retained, and shall receive all benefits in the
manner of a superior court judge.
   (d) An environmental judge shall be appointed on April 1, for a term of six
years or the unexpired portion thereof.
   (e) When an environmental judge is disqualified, disabled or unavailable,
the administrative judge shall appoint another judge on a case specific basis to
serve temporarily as an acting environmental judge.

                                     - 275 -
   (f) Evidentiary proceedings in the environmental court shall be held in the
county in which all or a portion of the land which is subject of the appeal is
located or where the violation is alleged to have occurred, unless the parties
agree to another location; provided however, that the environmental judge shall
offer expeditious evidentiary hearings so that no such proceedings are moved
to another county to obtain an earlier hearing. Unless otherwise ordered by the
court, all nonevidentiary hearings may be conducted by telephone using an
audio or video tape record. If a party objects to a telephone hearing, the court
may require a personal appearance for good cause.
Sec. 4. 13 V.S.A. § 7251 is amended to read:
§ 7251. MUNICIPALITIES; PAYMENT TO AND LIABILITY OF
   (a) Fines, forfeitures and penalties, imposed by the district or superior court
or by the judicial bureau for violation of a village, town, or city ordinance shall
be paid to the village, town or city, respectively, except for a $10.00 $12.50
administrative charge for each case which shall be retained by the state.
                                      ***
Sec. 5. APPROPRIATION
   In addition to the amounts appropriated to the judiciary in any other acts of
appropriation for fiscal year 2003, there shall be appropriated to the judiciary
$59,000.00. The establishment of one (1) new exempt position — Trial Court
Law Clerk — is hereby authorized in fiscal year 2003.
(Committee vote: 7-3-1)
                                   Favorable
                                     H. 738
   An act relating to the export and small business investment tax credits.
   Rep. Rosenquist of Georgia, for the Committee on Commerce,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
                       Senate Proposals of Amendment
                                      H. 31
   An act relating to prescription drug cost containment and affordable access.
   The Senate proposes to the House to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. 33 V.S.A. chapter 9, subchapter 5 is added to read:

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              Subchapter 5. Prescription Drug Cost Containment
§ 1997. DEFINITIONS
   As used in this subchapter:
       (1) ―Board‖ or ―drug utilization review board‖ means the drug
utilization review board established by the commissioner in connection with
the Medicaid program.
       (2) ―Commissioner‖ means the commissioner of prevention, assistance,
transition, and health access.
       (3) ―Department‖ means the department of prevention, assistance,
transition, and health access.
      (4) ―Health benefit plan‖ means a health benefit plan with prescription
drug coverage offered or administered by a health insurer, as defined by
subdivision 9402(7) of Title 18, and the out-of-state counterparts to such plans.
The term includes, but is not limited to:
         (A) any state public assistance program with a health benefit plan
that provides coverage of prescription drugs;
       (B) any health benefit plan offered by or on behalf of the state of
Vermont or any instrumentality of the state providing coverage for government
employees and their dependents that agrees to participate in the program; and
         (C) any insured or self-insured health benefit plan that agrees to
participate in the program.
      (5) ―Participating health benefit plan‖ means a health benefit plan that
has agreed to participate in one or more components of the pharmacy best
practices and cost control program.
      (6) ―Program‖ or ―the pharmacy best practices and cost control
program‖ means the pharmacy best practices and cost control program
established by this subchapter.
      (7) ―State public assistance program‖, includes, but is not limited to, the
Medicaid program, the Vermont health access plan, the Vermont health access
plan-pharmacy, VScript and VScript-Expanded, the state children’s health
insurance program, the state of Vermont AIDS medication assistance program,
the General Assistance program, the pharmacy discount plan program, and the
out-of-state counterparts to such programs.
§ 1998. PHARMACY BEST PRACTICES AND COST CONTROL
PROGRAM ESTABLISHED


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   (a) The commissioner of prevention, assistance, transition, and health
access shall establish a pharmacy best practices and cost control program
designed to reduce the cost of providing prescription drugs, while maintaining
high quality in prescription drug therapies. The program shall include:
      (1) A preferred list of covered prescription drugs that identifies
preferred choices within therapeutic classes for particular diseases and
conditions, including generic alternatives.
           (A) The commissioner, and the commissioner of banking, insurance,
securities, and health care administration shall implement the preferred drug
list as a uniform, statewide preferred drug list by encouraging all health benefit
plans in this state to participate in the program.
          (B) The commissioner of personnel shall use the preferred drug list in
the state employees health benefit plan only if participation in the program will
provide economic and health benefits to the state employees health benefit plan
and to beneficiaries of the plan, and only if agreed to through the bargaining
process between the state of Vermont and the authorized representatives of the
employees of the state of Vermont. The provisions of this subdivision do not
authorize the actuarial pooling of the state employees health benefit plan with
any other health benefit plan, unless otherwise agreed to through the
bargaining process between the state of Vermont and the authorized
representatives of the employees of the state of Vermont.
         (C) The commissioner shall encourage all health benefit plans to
implement the preferred drug list as a uniform, statewide preferred drug list by
inviting the representatives of each health benefit plan providing prescription
drug coverage to residents of this state to participate as observers or nonvoting
members in the commissioner’s drug utilization review board, and by inviting
such plans to use the preferred drug list in connection with the plans’
prescription drug coverage.
     (2) Utilization review procedures, including a prior authorization review
process;
      (3)     Any strategy designed to negotiate with pharmaceutical
manufacturers to lower the cost of prescription drugs for program participants,
including a supplemental rebate program;
      (4) A four-brand name drug dispensing limitation program;
       (5) Education programs, including a counterdetailing program, designed
to provide information and education on the therapeutic and cost-effective
utilization of prescription drugs to physicians, pharmacists and other health
care professionals authorized to prescribe and dispense prescription drugs;

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      (6) A simple, uniform prescription form, designed to implement the
preferred drug list, and to enable prescribers and consumers to request an
exception to the preferred drug list choice with a minimum of cost and time to
prescribers, pharmacists and consumers; and
      (7) Any other cost containment activity adopted, by rule, by the
commissioner that is designed to reduce the cost of providing prescription
drugs while maintaining high quality in prescription drug therapies.
   (b) The commissioner shall implement the pharmacy best practices and
cost control program for Medicaid, and all other state public assistance
program health benefit plans to the extent permitted by federal law.
   (c)(1) The commissioner may implement the pharmacy best practices and
cost control program for any other health benefit plan within or outside this
state that agrees to participate in the program.
      (2) The commissioner of prevention, assistance, transition, and health
access, and the secretary of administration shall take all steps necessary to
enable Vermont’s participation in joint prescription drug purchasing
agreements with any other health benefit plan or organization within or outside
this state that agrees to participate with Vermont in such joint purchasing
agreements.
       (3) The commissioner of personnel shall take all steps necessary to
enable the state of Vermont to participate in joint prescription drug purchasing
agreements with any other health benefit plan or organization within or outside
this state that agrees to participate in such joint purchasing agreements, as may
be agreed to through the bargaining process between the state of Vermont and
the authorized representatives of the employees of the state of Vermont.
      (4) The actions of the commissioners and the secretary shall include:
        (A) active collaboration with the Northeast Legislative Association
on Prescription Drugs in the Association’s efforts to establish a Prescription
Drug Fair Price Coalition;
          (B) active collaboration with the Pharmacy RFP Issuing States
initiative organized by the West Virginia Public Employees Insurance Agency;
         (C) the execution of any joint purchasing agreements or other
contracts with any participating health benefit plan or organization within or
outside the state which the commissioner determines will lower the cost of
prescription drugs for Vermonters while maintaining high quality in
prescription drug therapies; and
         (D) with regard to participation by the state employees health benefit
plan, the execution of any joint purchasing agreements or other contracts with
                                    - 279 -
any health benefit plan or organization within or outside the state which the
commissioner determines will lower the cost of prescription drugs and provide
overall quality of integrated health care services to the state employees health
benefit plan and the beneficiaries of the plan, and which is negotiated through
the bargaining process between the state of Vermont and the authorized
representatives of the employees of the state of Vermont.
      (5) The commissioner and the commissioner of personnel may
renegotiate and amend existing contracts to which their departments are parties
if such renegotiation and amendment will be of economic benefit to the health
benefit plans subject to such contracts, and to the beneficiaries of such plans.
Any renegotiated or substituted contract shall be designed to improve the
overall quality of integrated health care services provided to beneficiaries of
such plans.
      (6) The commissioners and the secretary shall report quarterly to the
health access oversight committee and the joint fiscal committee on their
progress in securing Vermont’s participation in such joint purchasing
agreements.
   (d) A participating health benefit plan other than a state public assistance
program may agree with the commissioner to limit the plan’s participation to
one or more program components.
   (e) The commissioner of prevention, assistance, transition, and health
access shall develop procedures for the coordination of state public assistance
program health benefit plan benefits with pharmaceutical manufacturer patient
assistance programs offering free or low cost prescription drugs, including the
development of a proposed single application form for such programs. The
commissioner may contract with a nongovernmental organization to develop
the single application form.
   (f)(1) The drug utilization review board shall make recommendations to the
commissioner for the adoption of the preferred drug list. The board’s
recommendations shall be based upon considerations of clinical efficacy,
safety, and cost-effectiveness.
      (2) The board shall meet at least quarterly. The board shall comply with
the requirements of subchapter 2 of chapter 5 of Title 1 (open meetings) and
subchapter 3 of chapter 5 of Title 1 (open records).
      (3) To the extent feasible, the board shall review all drug classes
included in the preferred drug list at least every 12 months, and may
recommend that the commissioner make additions to or deletions from the
preferred drug list.

                                    - 280 -
      (4) The board shall ensure that pharmaceutical manufacturers agreeing
to provide a supplemental rebate in accordance with section 2002 of this title
have an opportunity to demonstrate that their prescription drug should be
included on the preferred drug list.
      (5) The program shall establish board procedures for the timely review
of prescription drugs newly approved by the federal Food and Drug
Administration, including procedures for the review of newly-approved
prescription drugs in emergency circumstances.
     (6) Members of the board shall receive per diem compensation and
reimbursement of expenses in accordance with section 1010 of Title 32.
§ 1999. CONSUMER PROTECTION RULES; PRIOR AUTHORIZATION
   (a) The pharmacy best practices and cost control program shall authorize
pharmacy benefit coverage when a patient’s health care provider prescribes a
prescription drug not on the preferred drug list, or a prescription drug which is
not the list’s preferred choice, if either of the circumstances set forth in
subdivision (1) or (2) of this subsection applies.
      (1) The program shall authorize coverage under the same terms as
coverage for preferred choice drugs if the prescriber determines, after
consultation with the pharmacist, or with the participating health benefit plan if
required by the terms of the plan, that:
         (A) the preferred choice has not been effective, or with reasonable
certainty is not expected to be effective, in treating the patient’s condition; or
         (B) the preferred choice causes or is reasonably expected to cause
adverse or harmful reactions in the patient.
The prescriber’s determination concerning whether the standards established in
this subdivision (1) have been demonstrated shall be final.
      (2) The program shall authorize coverage if the patient agrees to pay any
additional cost in excess of the benefits provided by the patient’s health benefit
plan which is participating in the program. The provisions of this subdivision
(2) shall not apply to the extent that they may be inconsistent with any federal
Medicaid laws and regulations. The provisions of this subdivision (2) shall not
affect implementation by a participating health benefit plan of tiered
copayments or other similar cost sharing systems.
   (b) The program or any participating health benefit plan shall provide
information on how prescribers, pharmacists, beneficiaries, and other
interested parties can obtain a copy of the preferred drug list, whether any
change has been made to the preferred drug list since it was last issued, and the
process by which exceptions to the preferred list may be made.
                                    - 281 -
   (c) For HIV and AIDS-related medications used by individuals with HIV
or AIDS, the preferred drug list and any utilization review procedures shall not
be more restrictive than the drug list and the application of the list used for the
state of Vermont AIDS medication assistance program.
   (d) The program’s prior authorization process shall not apply to
prescription drugs prescribed by a psychiatrist used to treat severe and
persistent mental illness including schizophrenia, severe depression, or bipolar
disorder.
   (e)(1) The prior authorization process shall be designed to minimize
administrative burdens on prescribers, pharmacists, and consumers. The
provisions of this section shall apply to the program’s prior authorization
process, except to the extent that different prior authorization rules are
established in section 2004 of this title.
      (2) The prior authorization process shall ensure real-time receipt of
requests, by telephone, voice mail, facsimile, electronic transmission, or mail
on a 24-hour basis, seven days a week.
      (3) The prior authorization process shall provide an in-person response
to emergency requests by a prescriber with telephone answering queues that do
not exceed 10 minutes.
      (4) Any request for authorization or approval of a drug that the
prescriber indicates, including the clinical reasons for the request, is for an
emergency or urgent condition shall be responded to in no more than four
hours from the time the program or participating health benefit plan receives
the request.
      (5) In emergency circumstances, or if the response to a request for prior
authorization is not provided within the time period established in subdivision
(4) of this subsection, a 72-hour supply of the drug prescribed shall be deemed
to be authorized by the program or the participating health benefit plan.
       (6) The program or participating plan shall provide to participating
providers a prior authorization request form for each enrolled beneficiary,
known to be a patient of the provider, designed to permit the prescriber to
make prior authorization requests in advance of the need to fill the
prescription, and designed to be completed without unnecessary delay. The
form shall be capable of being stamped with information relating to the
participating provider, and if feasible at least one form capable of being copied
shall contain known patient information.
      (7) The provisions of this subsection shall apply to the program’s prior
authorization process, including the four brand-name dispensing limitation

                                      - 282 -
program established in section 2004 of this title, except that the additional prior
authorization provisions established in section 2004 of this title shall apply to
the four brand-name dispensing limitation program.
    (f) The program’s prior authorization process shall require that the
prescriber, not the pharmacy, request a prior authorization exception to the
requirements of this section. The program may exempt a prescriber from the
need to secure prior authorization for a specific drug category if the program
determines that the prescriber has written a minimum number of scripts in that
category, and the prescriber prescribes prescription drugs on the preferred drug
list at or above the minimum threshold for that category.
§ 2000. PHARMACY BENEFIT MANAGEMENT
   The commissioner may implement all or a portion of the pharmacy best
practices and cost control program through a contract with a third party with
expertise in the management of pharmacy benefits.
§ 2001. LEGISLATIVE OVERSIGHT
    (a) In connection with the pharmacy best practices and cost control
program, the commissioner of prevention, assistance, transition, and health
access shall report for review by the health access oversight committee, prior
to initial implementation, and prior to any subsequent modifications:
      (1) the compilation that constitutes the preferred drug list or list of drugs
subject to prior authorization or any other utilization review procedures;
     (2) any utilization review procedures, including any prior authorization
procedures; and
      (3) the procedures by which drugs will be identified as preferred on the
preferred drug list, and the procedures by which drugs will be selected for prior
authorization or any other utilization review procedure.
    (b)    The health access oversight committee shall closely monitor
implementation of the preferred drug list and utilization review procedures to
ensure that the consumer protection standards enacted pursuant to section 1999
of this title are not diminished as a result of implementing the preferred drug
list and the utilization review procedures, including any unnecessary delay in
access to appropriate medications. The committee shall ensure that all affected
interests, including consumers, health care providers, pharmacists and others
with pharmaceutical expertise have an opportunity to comment on the
preferred drug list and procedures reviewed under this subsection.
   (c) The commissioner of prevention, assistance, transition, and health
access shall report quarterly to the health access oversight committee

                                      - 283 -
concerning the following aspects of the pharmacy best practices and cost
control program:
      (1) the efforts undertaken to educate health care providers about the
preferred drug list and the program’s utilization review procedures;
      (2) the number of prior authorization requests made; and
      (3)    the number of utilization review events (other than prior
authorization requests).
   (d) On or before January 1, 2003, and on or before January 1 of each year
for the duration of the pharmacy benefit manager contract, the commissioner
of prevention, assistance, transition, and health access shall report to the house
and senate committees on health and welfare, and to the health access
oversight committee, concerning implementation of any pharmacy benefit
manager contract entered into by the pharmacy best practices and cost control
program. The report shall include:
      (1) a description of the activities of the pharmacy benefit manager;
      (2) an analysis of the success of the pharmacy benefit manager in
achieving each of the department’s public policy goals, together with the
pharmacy benefit manager’s report of its activities and achievements;
       (3) an assessment of Medicaid and VScript program administrative costs
relating to prescription drug benefits, including any recommendations for
increasing the administrative efficiency of such programs;
       (4) a fiscal report on the state fiscal costs and savings to Vermont of the
pharmacy benefit manager contract, including an accounting of any payments,
fees, offsets, savings and other financial transactions or accountings;
      (5) any recommendations for enhancing the benefits of the pharmacy
benefit manager contract, and an identification of, and any recommendations
for minimizing any problems with the contract; and
      (6) if the department has not entered into a contract with a pharmacy
benefit manager, or if any such contract has been rescinded, any
recommendations for pursuing Vermont’s public policy goals relating to
pharmaceutical costs, quality and access through other means.
   (e)(1) The fiscal report required by subdivision (d)(4) of this section shall
include the disclosure, in a manner that preserves the confidentiality of any
proprietary information as determined by the commissioner, of:
          (A) any agreements entered into by the pharmacy benefit manager
identified in subdivision (2) of this subsection; and

                                     - 284 -
       (B) the financial impact of such agreements on Vermont, and on
Vermont beneficiaries.
      (2) The commissioner shall not enter into a contract with a pharmacy
benefit manager unless the pharmacy benefit manager has agreed to disclose to
the commissioner the terms and the financial impact on Vermont and on
Vermont beneficiaries of:
        (A) any agreement with a pharmaceutical manufacturer to favor the
manufacturer’s products over a competitor’s products, or to place the
manufacturer’s drug on the pharmacy benefit manager’s preferred list or
formulary, or to switch the drug prescribed by the patient’s health care
provider with a drug agreed to by the pharmacy benefit manager and the
manufacturer;
         (B) any agreement with a pharmaceutical manufacturer to share
manufacturer rebates and discounts with the pharmacy benefit manager, or to
pay ―soft money‖ or other economic benefits to the pharmacy benefit manager;
         (C) any agreement or practice to bill Vermont health benefit plans for
prescription drugs at a cost higher than the pharmacy benefit manager pays the
pharmacy;
       (D) any agreement to share revenue with a mail order or internet
pharmacy company;
         (E) any agreement to sell prescription drug data concerning Vermont
beneficiaries, or data concerning the prescribing practices of the health care
providers of Vermont beneficiaries; or
         (F) any other agreement of the pharmacy benefit manager with a
pharmaceutical manufacturer, or with wholesale and retail pharmacies,
affecting the cost of pharmacy benefits provided to Vermont beneficiaries.
       (3) The commissioner shall not enter into a contract with a pharmacy
benefit manager who has entered into an agreement or engaged in a practice
described in subdivision (2) of this subsection, unless the commissioner
determines, and certifies in the fiscal report required by subdivision (d)(4) of
this section, that such agreement or practice furthers the financial interests of
Vermont, and does not adversely affect the medical interests of Vermont
beneficiaries.
§ 2002. SUPPLEMENTAL REBATES
   (a) The commissioner, separately or in concert with the authorized
representatives of any participating health benefit plan, shall use the preferred
drug list authorized by the pharmacy best practices and cost control program to
negotiate with pharmaceutical companies for the payment to the commissioner
                                     - 285 -
of supplemental rebates or price discounts for Medicaid and for any other state
public assistance health benefit plans designated by the commissioner, in
addition to those required by Title XIX of the Social Security Act. The
commissioner may also use the preferred drug list to negotiate for the payment
of rebates or price discounts in connection with drugs covered under any other
participating health benefit plan within or outside this state, provided that such
negotiations and any subsequent agreement shall comply with the provisions of
42 U.S.C. § 1396r-8. The program, or such portions of the program as the
commissioner shall designate, shall constitute a state pharmaceutical assistance
program under 42 U.S.C. § 1396r-8(c)(1)(C).
   (b) If a pharmaceutical company agrees to pay the minimum supplemental
rebate or discount percentage with respect to a prescription drug in accordance
with the program authorized by this section, the drug utilization review board
shall consider whether to recommend inclusion of such prescription drug on
the preferred drug list, in accordance with the procedures established by
subsection 1998(f) of this title; however, such prescription drug is not
guaranteed placement on the preferred drug list simply by paying the minimum
supplemental rebate or discount. After receiving the recommendations of the
board, the commissioner may conduct with pharmaceutical companies such
further negotiations, if any, as he or she deems proper. After such further
negotiations, if any, the commissioner shall decide, in her or his sole
discretion, whether to include a prescription drug on the preferred drug list
based on considerations of clinical efficacy, safety and cost-effectiveness and
the recommendations of the board, as well as the price of competing products
minus federal, state and other rebates.
§ 2003. PHARMACY DISCOUNT PLAN
   (a) On or before July 1, 2002, the commissioner shall implement a
pharmacy discount plan, to be known as the ―Healthy Vermonters‖ program,
for Vermonters without adequate coverage for prescription drugs. The
provisions of section 1992 of this title shall apply to the commissioner’s
authority to administer the pharmacy discount plan established by this section.
The commissioner may establish an enrollment fee in such amount as is
necessary to support the administrative costs of the plan.
   (b) The pharmacy discount plan authorized by this section shall include a
program implemented as a Section 1115 Medicaid waiver, wherein the state
makes a payment toward the cost of the drug of at least $1.00 per prescription,
consistent with the appropriation for the program established by this section.
   (c) The commissioner shall implement the pharmacy discount program
authorized by this section without any financial contribution by the state

                                     - 286 -
otherwise required by subsection (b) of this section, and without federal waiver
approval during such time as federal waiver approval has not been secured.
   (d) As used in this section:
      (1) ―Eligible beneficiary‖ means any individual Vermont resident who is
at least 65 years of age, or is disabled and is eligible for Medicare or Social
Security disability benefits, with household income equal to or less than 400
percent of the federal poverty level, as calculated under the rules of the
Vermont health access plan, as amended, and any other individual Vermont
resident with household income equal to or less than 300 percent of the federal
poverty level, as calculated under the rules of the Vermont health access plan,
as amended; and
   (2) ―Vermonter without adequate coverage‖ includes eligible beneficiaries
with no coverage for prescription drugs, and eligible beneficiaries whose
annual maximum coverage limit under their health benefit plan has been
reached.
§ 2004. BRAND-NAME DISPENSING LIMITATION
    (a) The commissioner shall implement, as part of the utilization review
procedures and prior authorization process authorized by the pharmacy best
practices and cost control program, a limit of four brand-name drugs per month
per beneficiary that may be dispensed and covered under a participating health
benefit plan without prior authorization. The provisions of this subdivision
shall apply to drugs included on the preferred drug list. The provisions of the
program’s prior authorization process established in subsection 1999(e) of this
title shall apply to the program established by this section, and in addition the
program’s prior authorization process shall ensure that:
      (1) there will be a response from the program or the participating health
benefit plan to a request by a prescriber for prior authorization within 15
minutes after receipt of the request for prior authorization. The time period
established by this subdivision shall not run while the prescriber is unavailable
to receive the response from the program or participating health benefit plan;
      (2) in emergency circumstances, or if a response to a request for prior
authorization is not provided within said 15 minutes, a 30-day supply of the
drug prescribed shall be deemed to be authorized by the program or the
participating health benefit plan; and
      (3) the authorization given by the program or participating plan shall be
valid for the specific drug authorized for a 12-month period.
   (b) The provisions of this section requiring prior authorization for the
dispensing of more than four brand-name drugs per beneficiary per month shall
                                     - 287 -
not apply to drugs dispensed for children under the age of 18, antiretroviral
agents, medications used to treat severe and persistent mental illnesses, such as
schizophrenia, severe depression, or bipolar disorder, contraceptive drugs and
items, diabetic supplies, and any other prescription drug designated by the
commissioner.
      (c) The program’s prior authorization process shall authorize exceptions
to the brand-name drug limitation provisions of this subdivision in accordance
with the provisions of section 1999 of this title.
§ 2005. LICENSING OF PHARMACEUTICAL MARKETERS
   (a) As used in this section:
      (1) ―Pharmaceutical marketer‖ means a person who engages in
pharmaceutical detailing, promotional activities, or other marketing of
prescription drugs in this state to any physician, hospital, nursing home,
pharmacist, health benefit plan administrator, or any other person authorized to
prescribe, dispense, or purchase prescription drugs while employed by, or
under contract to represent a pharmaceutical manufacturing company. The
term does not include a wholesale drug distributor or the distributor’s
representative who promotes or otherwise markets the services of the
wholesale drug distributor in connection with a prescription drug.
       (2) ―Pharmaceutical manufacturing company‖ or ―company‖ means any
entity which is engaged in the production, preparation, propagation,
compounding, conversion, or processing of prescription drugs, either directly
or indirectly by extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of extraction and
chemical synthesis, or any entity engaged in the packaging, repackaging,
labeling, relabeling, or distribution of prescription drugs. The term does not
include a wholesale drug distributor or pharmacist licensed under chapter 36 of
Title 26.
   (b)(1) No person may act as a pharmaceutical marketer unless such person,
and the company represented by the person, has first secured a marketing
license from the Vermont board of pharmacy.
       (2) A person other than a pharmaceutical manufacturing company who
engages in the activities of a pharmaceutical marketer without first securing a
license, or who engages in such activities after his or her license has been
revoked and not reinstated, shall be fined no more than $5,000.00 or
imprisoned no more than six months, or both. A person other than a
pharmaceutical manufacturing company who violates a provision of subsection
(c) of this section shall be subject to revocation of his or her license.

                                     - 288 -
       (3) A pharmaceutical manufacturing company who violates a provision
of this section shall be fined no more than $25,000.00, or imprisoned no more
than one year, or both.
       (4) Each unlawful act of pharmaceutical detailing, promotional
activities, or other marketing of prescription drugs shall constitute a separate
violation.
   (c) A person or company licensed under this section:
      (1) shall not engage in any unfair or deceptive acts or practices;
      (2) shall disclose the value, nature and purpose of any gifts, fees or
financial transaction with any physician, hospital, nursing home, pharmacist,
health benefit plan administrator or any other person authorized to prescribe,
dispense, or purchase prescription drugs in this state; and
   (d) The Vermont board of pharmacy shall require each licensee to pay a
biennial fee on and after July 31, 2002. The biennial license fee for
pharmaceutical marketers shall be $400.00. The biennial license fee for
pharmaceutical manufacturing companies employing or contracting for
pharmaceutical marketers shall be $2,500.00 for companies with gross sales in
Vermont less than $250,000.00, and $5,000.00 for companies with gross sales
in Vermont equal to or in excess of $250,000.00. Such license fees shall be
deposited into the professional regulatory fee fund established under section
124 of Title 3. The provisions of chapter 36 of Title 26 (Vermont board of
pharmacy) and subchapter 3 of chapter 5 of Title 3 (office of professional
regulation) shall apply to the licensing and discipline of persons under this
section.
§ 2006. NORTHEAST LEGISLATIVE ASSOCIATION ON
        PRESCRIPTION DRUGS PRICING
    (a) The general assembly finds that the Northeast Legislative Association
on Prescription Drug Pricing is a nonprofit organization of legislators formed
for the purpose of making prescription drugs more affordable and accessible to
citizens of the member states. The general assembly further finds that the
activities of the Association provide a public benefit to the people of the state
of Vermont.
   (b) On or before January 15, upon the convening of each biennial session
of the general assembly, three directors shall be appointed by the speaker,
which may include the speaker, and three directors shall be appointed by the
committee on committees, which may include a member of the committee on
committees, to serve as the Vermont directors of the Northeast Legislative
Association on Prescription Drug Pricing. Directors so appointed from each

                                     - 289 -
body shall not all be from the same party. Directors so appointed shall serve
until new members are appointed.
   (c) For meetings of the Association, directors who are legislators shall be
entitled to per diem compensation and reimbursement of expenses in
accordance with section 406 of Title 2. If the lieutenant governor is appointed
as a director pursuant to subsection (b) of this section, his or her compensation
and expenses shall be paid from the appropriation made to the office of the
lieutenant governor.
   (d) The Vermont directors of the Association shall report to the general
assembly on or before January 1 of each year with a summary of the activities
of the Association, and any findings and recommendations for making
prescription drugs more affordable and accessible to Vermonters.
Sec. 2. MAXIMIZING FEDERAL FINANCIAL PARTICIPATION
   The commissioner shall investigate all possibilities for maximizing federal
financial participation for the department’s Vermont Health Access
Plan-Pharmacy and VScript programs, including, but not limited to, replicating
the waiver granted to the state of Illinois, use of the model demonstration
―Pharmacy Plus‖ application form, and adding the Expanded VScript program
to Vermont’s Section 1115 waiver. The commissioner shall report to the
health access oversight with the results of her investigations on or before
July 1, 2002. Nothing in this section is intended to preclude the commissioner
from proceeding to maximize federal financial participation for these programs
before July 1, 2002, provided she is otherwise authorized by law to do so.
Sec. 3. REPORT ON PRIOR AUTHORIZATION
   The commissioner of prevention, assistance, transition, and health access
shall report to the general assembly on or before January 1, 2004 with her or
his recommendations concerning whether the prior authorization standards and
procedures established by Sec. 1 of this act should be amended to better
achieve the goals of reducing the cost of prescription drugs, while maintaining
high quality prescription drug therapies.
Sec. 4. REPEAL
   Subsections 123(n), (o), (p) and (q) of No. 63 of the Acts of 2001 are
repealed.
Sec. 5. EFFECTIVE DATES; APPLICABILITY
   This act shall take effect on passage, except that:
       (1) Sec. 1, 33 V.S.A. § 1999 (consumer protection rules), shall take
effect 60 days after passage;
                                     - 290 -
       (2) Sec. 1, 33 V.S.A. § 2005 (licensing of pharmaceutical marketers),
shall apply to affected persons on and after July 31, 2002.
Sec. 6. OUTCOMES BASED ASSESSMENT AND TREATMENT
    (a) Outcomes based assessment and treatment goals. Vermont's health care
policies shall promote outcomes based assessment and treatment through the
development of a state-wide quality assurance system, and an effective quality
improvement process that integrates best practices research, functional status
assessment, patient satisfaction measurements and cost containment goals.
These health care policies are best established and implemented by
nongovernmental organizations of health care providers and patients. The role
of government should be to support efforts of nongovernmental organizations
to remain collaborative in nature, and to recognize those efforts.
(b) Statewide quality assurance inventory. The commissioner of banking,
insurance, securities and health care administration shall contract , subject to
the availability of grants from federal government agencies and
nongovernmental organizations to support the costs of the contract authorized
by this subsection, with a qualified non-governmental organization to conduct
an inventory of existing quality assurance measurements used by public and
private health plans in Vermont, by hospitals serving Vermont residents, and
by other entities within state government. The commissioner’s contractor shall
report to the commissioner with the results of the inventory, and with an
analysis and identification of any other information necessary to establish a
statewide quality assurance system.
   (c) Evaluation of inventory.
      (1) The commissioner of banking, insurance, securities and health care
administration and the secretary of human services shall convene a work group
to evaluate the results of the inventory, identify common areas of
measurements to all, areas lacking measurements, and an analysis of likely
areas for change in order to develop a statewide application of a quality
assurance measurement. Additionally the work group may make proposals to
the General Assembly for continued outcomes based assessments which may
identify areas of health care which need improvement, provide for a
comparison of the quality of health care provided under public and private
health benefit plans, identify ways to focus resources and programs in order to
improve the health of beneficiary populations or discrete portions thereof, and
develop any other findings and recommendations for expanding access to,
improving the quality of, and lowering the cost of Vermont’s health care
system.


                                    - 291 -
      (2) The work group shall include representatives from private and public
health plans, the Vermont Program for Quality in Health Care, Inc., the
Vermont Association of Hospitals and Health Systems, the Dartmouth
Hitchcock Medical Center, the Vermont Medical Society, the University of
Vermont medical school, the Vermont Child Health Improvement Project, the
Area Health Educational Centers, and anyone else deemed appropriate by the
commissioner and the secretary.
   (d) Report to the General Assembly. The commissioner and the secretary
shall make a joint report to the General Assembly on or before December 15,
2002 with findings and recommendations. The report shall include a summary
of the activities of the commissioner and the secretary, and a description of any
proposals to implementing outcomes based assessment projects.
  (For text see House Journal April 24, 2001, pp. 876-898; April 25, 2001,
pp. 905-920)
                                      H. 646
   An act relating to providing adjustments in the amounts appropriated for the
support of government.
The Senate proposes to the House to amend the bill as follows:
   First: In Sec. 8, by striking out subsection (b) in its entirety
   Second: By striking out Sec. 14 in its entirety and inserting in lieu thereof
five new sections to be numbered Sec. 14, 14a, 14b, 14c and 14d to read as
follows:
Sec. 14. Sec. 103 of No. 63 of the Acts of 2001 is amended to read:
Sec. 103. Corrections - corrections services
              Personal services               47,644,756  47,792,256
              Operating expenses              24,670,716  25,175,716
              Grants                             467,000     467,000
              Total                           72,782,472  73,434,972
           Source of funds
              General fund                    70,362,241  71,014,741
              Transportation fund              1,402,578   1,402,578
              Federal funds                      551,156     551,156
              Special funds                      274,500     274,500
              Interdepartmental transfer         191,997     191,997
              Total                           72,782,472  73,434,972
                                     ***
  (d) To provide additional supervision for the correctional system
community population, the establishment of eleven (11) new classified
                                      - 292 -
positions – seven (7) Correctional Service Specialist II , one of which shall be
assigned to the Bennington region, and four (4) Community Corrections
Officer – is authorized in fiscal year 2002. Of the positions redirected to field
supervision from the closure of the Woodstock regional correctional facility,
six (6) shall be Youthful Corrections Service Specialist consistent with Sec.
280b(a)(1) of No. 63 of the Acts of 2001.
   (e) The general assembly finds that the increasing cost of prisoner
transports from correctional centers to courts is placing a burden on the ability
of the state to pay for such transports. The general assembly is concerned with
preserving the due process rights of prisoners granted by the U.S. Constitution
and the Vermont Constitution, yet it believes some court hearings can be held
without the presence of a prisoner in the courtroom without any infringement
upon the prisoner’s constitutional rights. Some hearings, such as status
conferences, could be held without the participation of the prisoner; while
others may be held with prisoner participation by telephone or video
conference. It is the intent of the general assembly to preserve due process
rights of prisoners while addressing the increased cost of detaining prisoners in
the correctional centers while they wait for disposition of their case.
Accordingly, the general assembly hereby directs the department of state’s
attorneys and sheriffs, the administrative judge for trial courts, the court
administrator, the defender general and the commissioner of the department of
corrections to work together to reduce the number of unnecessary prisoner
transports to court hearings, taking into account the findings and intent of the
general assembly, as stated in this subsection. The parties shall report to the
chairs of the house and senate committees on appropriations and on judiciary
by January 15, 2003, regarding the steps that have been taken and the impact
those steps have had on reducing transports.
   (f) The commissioner shall provide at least four (4) holding cells for
temporary detainment purposes at the Southeast State Correctional Facility.
These holding cells shall be in place by March 15, 2002.
   (g) The department shall retain a minimum of 375 out-of-state beds for the
remainder of fiscal year 2002. In the event that out-of-state bed contracts are
renegotiated during fiscal year 2002, any resulting savings beyond that
anticipated to offset rescissions to date should be used to increase the number
of out-of-state beds maintained by the department.
   (h) The department shall reallocate from corrections central office to
correctional facilities or field offices in fiscal year 2002 five (5) positions. The
department shall utilize these positions to the greatest extent possible to
increase field coverage.

                                      - 293 -
   (i) The department shall look at ways to reduce or eliminate contracts to
provide savings in contract services in fiscal year 2003.
   (j) The department of corrections shall prepare and provide quarterly reports
through fiscal year 2004 to the house and senate committees on appropriation
and the joint corrections oversight committee. The reports shall be provided to
the Vermont state employees’ association for their comment and review at
least 15 days prior to submission to these committees. These reports shall be
transmitted to the house and senate committees on appropriation and the joint
corrections oversight committee within 30 days after the completion of a
quarter with any comments from the union attached. The reports shall include:
       (1) The numbers of intensively supervised field population;
       (2) The filled positions in the field providing supervision to that
population;
        (3) The relationship between the filled positions and the coverage
ratios established by the department both statewide and by region. The
coverage ratios shall be those presented to the legislature as part of the fiscal
year 2002 budget adjustment consideration process;
       (4) Any recommendations for changes relating to coverage or position
requirements.
Sec. 14a. SUNSET REPEAL
   (a) 28 V.S.A. § 104(d) (sunset for community notification requirement for
furloughed offenders) is repealed.
Sec. 14b. 28 V.S.A. § 721 is amended to read:
§ 721. Offender reintegration; state policy
    The department shall establish an offender reintegration process that
requires offenders to be held accountable to their victims and the community.
This process shall provide opportunities for victims of crime and other
members of the community to participate in reentry programs under section 2a
of this title and to allow for victims and members of the communities to
provide input to the department as provided for in subsection 104(a) of this
title. Such input shall include, but not be limited to, the nature of the planned
supervision, the offender’s work and education needs, the potential impact to
the victim(s) of the offender’s presence in the community, and the
opportunities to make use of the offender’s abilities within the community. An
offender who participates in the reintegration process provided for in this
subchapter may be placed in the community under the department’s
supervision for the remainder of the sentence if the department is satisfied that
the offender is demonstrating progress in his or her reentry programs and that
                                     - 294 -
the offender does not present an unreasonable risk to his or her victims or to
the community at large.
Sec. 14c. JOINT CORRECTIONS OVERSIGHT COMMITTEE
   (a) A joint legislative corrections oversight committee is created. The
committee shall exercise oversight over the department of corrections and
work with and provide assistance to other legislative committees on matters
related to corrections policies.
   (b) The committee shall be composed of eight members: four members of
the house of representatives, who shall not all be from the same party,
appointed by the speaker of the house and four members of the senate, who
shall not all be from the same party, appointed by the committee on
committees. To the extent practicable, one appointment shall be made from
each of the following house and senate committees: appropriations, health and
welfare, judiciary, and institutions.
   (c) The committee shall elect a chair, vice chair, and clerk from among its
members. The committee shall keep a record of its meetings. A quorum shall
consist of five members.
   (d) When the general assembly is in session, the committee shall meet at
the call of the chair. The committee may meet during adjournment, subject to
approval of the speaker of the house and the president pro tempore of the
senate. For attendance at a meeting when the general assembly is not in
session, members of the committee shall be entitled to compensation for
services and reimbursement of expenses as provided under 2 V.S.A. § 406(a).
   (e) The professional and clerical services of the joint fiscal office and the
legislative council shall be available to the committee.
   (f) In addition to the general responsibilities set forth in subsection (a) of
this section, the committee shall:
      (1) Oversee preparation of a comprehensive description of the
department of corrections’ programs.
     (2) Oversee development and implementation of a continuous quality
improvement evaluation of the department’s substance abuse programs.
      (3)    Review and make recommendations on the department of
corrections’ strategic, operating and capital plans.
     (4)    Review and make recommendations to the committees on
appropriations regarding departmental budget proposals.
      (5) Provide general oversight on departmental policy development.

                                     - 295 -
      (6) Encourage improved communications between the department and
the other components of the criminal justice system.
      (7) Review ways to reduce costs to the system by reducing the number
of short-term sentences and the number of detainees.
      (8) Consider the following issues:
         (A) Replace indefinite probation with a presumptive parole system.
         (B) Make collection of restitution exclusively a civil matter.
   (g)      The committee shall report its findings, together with
recommendations, to the general assembly no later than December 1 of each
year. The report shall describe the committee’s activities in connection with
the issues listed in subsection (f) subdivisions (1)-(5) of this section have not
been thoroughly addressed by proceeding reports. In addition, the committee’s
report for 2003 shall include its recommendation on whether the life of the
committee should be extended beyond fiscal year 2005.
Sec. 14d. SUNSET
   (a) Section 14c of this act shall expire June 30, 2005.
    Third: By renumbering the existing Sec. 14a to read Sec. 14e, and by
striking out the figure ―278,969,202‖ and inserting in lieu thereof the figure
278,959,202
  Fourth: By striking out Sec. 16 in its entirety and inserting in lieu thereof a
new Sec. 16 to read as follows:
Sec. 16. Sec. 139 of No. 63 of the Acts of 2001 is amended to read:
Sec. 139. Developmental and mental health services - central office
             Personal services                     2,159,254        2,039,254
             Operating expenses                       612,550         612,550
             Total                                 2,771,804        2,651,804
           Source of funds
             General fund                          1,294,268        1,294,268
             Federal funds                         1,477,536        1,357,536
             Total                                 2,771,804        2,651,804
                                    ***
  Fifth: By striking out Sec. 17 in its entirety and inserting in lieu thereof a
new Sec. 17 to read as follows:
Sec. 17. Sec. 140 of No. 63 of the Acts of 2001 is amended to read:
Sec. 140. Developmental and mental health services - community mental
health
                                 - 296 -
              Personal services                      2,168,668      2,168,668
              Operating expenses                       338,170        338,170
              Grants                                70,100,675     69,973,675
              Total                                 72,607,513     72,480,513
            Source of funds
              General fund                          23,354,507     23,479,507
              Federal funds                         42,063,814     41,811,814
              Special funds                          5,290,820      5,290,820
              Interdepartmental transfer             1,898,372      1,898,372
              Total                                 72,607,513     72,480,513
                                   ***
  Sixth: By striking out Sec. 18 in its entirety and inserting in lieu thereof a
new Sec. 18 to read as follows:
Sec. 18. Sec. 141 of No. 63 of the Acts of 2001 is amended to read:
Sec. 141. Developmental and mental health services - developmental services
              Personal services                      2,811,280      2,811,280
              Operating expenses                       416,522        416,522
              Grants                                77,704,841     76,989,841
              Total                                 80,932,643     80,217,643
            Source of funds
              General funds                         30,437,405     30,577,405
              Federal funds                         49,422,432     48,567,432
              Special funds                            579,506        579,506
              Interdepartmental transfer               493,300        493,300
              Total                                 80,932,643     80,217,643
                                     ***
    Seventh: In Sec. 19, by striking out the figure ―1,051,606,499‖ where it
twicely appears and inserting in lieu thereof the figure 1,051,877,132 and by
striking out the figure ―331,360,721‖ and inserting in lieu thereof the figure
331,631,354
  Eighth: After Sec. 20, by adding two new sections to be numbered Secs.
20a and 20b to read as follows:
Sec. 20a. Sec. 163e(a) of No. 63 of the Acts of 2001 is amended to read:

    (a) 32 V.S.A. §§ 3462 (reports by town clerk and appraisers); and 4158
(transmission to director, changes, remedy); and 4341 (automatic extensions
for filing grand lists) are repealed.
Sec. 20b. 32 V.S.A. § 5404(b) is amended to read:

                                    - 297 -
   (b) Annually, on or before July 15 August 15, the clerk of a municipality,
or the supervisor of an unorganized town or gore, shall transmit to the director
in an electronic format as prescribed by the director: education and municipal
grand list data, including exemption information and grand list abstracts; tax
rates; and the total amount of taxes assessed in the town or unorganized town
or gore. The data transmitted shall identify each parcel by a parcel
identification number assigned under a numbering system prescribed by the
director. Municipalities may continue to use existing numbering systems in
addition to, but not in substitution for, the parcel identification system
prescribed by the director. If changes or additions to the grand list are made by
the listers or other officials authorized to do so after such abstract has been so
transmitted, such clerks shall forthwith certify the same to the director.
  Ninth: By striking out Sec. 21 in its entirety and inserting in lieu thereof a
new Sec. 21 read as follows:
Sec. 21. Sec. 163f of No. 63 of the Acts of 2001 is amended to read:
Sec. 163f. ADJUSTMENTS; TRANSITION
                                      ***
   (b) For claims made with respect to fiscal years 2003 and thereafter,
notwithstanding anything to the contrary in 32 V.S.A. §§ 6066 and 6066a, the
amount of property tax adjustment available to claimants shall be paid by the
commissioner to each claimant, based upon the household income of the
claimant for the calendar year preceding the year for which the claim is made,
the grand list values of the current year for which the claim is made, and the
education property tax liability of the town school district for the year for
which the claim is made, and shall not be subject to reconciliation.
   Tenth: By striking out Sec. 31 in its entirety
    Eleventh: In Sec. 32, by striking out the figure ―55,271,533‖ where it
twicely appears and inserting in lieu thereof the figure 55,313,533 and by
striking out the figure ―12,572,446‖ and inserting in lieu thereof the figure
12,614,446
   Twelfth: By striking out Sec. 36 in its entirety and inserting in lieu thereof
a new Sec. 36 read as follows:
Sec. 36. Sec. 239 of No. 63 of the Acts of 2001 is amended to read:
Sec. 239. Transportation - rail program
               Personal services                       3,651,238      3,651,238
               Operating expenses                        227,243        227,243
               Land, structures & improvements        16,947,116     16,565,116
                                     - 298 -
              Total                                  20,825,597     20,443,597
            Source of funds
              Transportation fund                    13,257,435     12,875,435
              Federal funds                           7,568,162      7,568,162
              Total                                  20,825,597     20,443,597
   Thirteenth: In Sec. 38, by striking out the figure ―24,945,744‖ where it
twicely appears and inserting in lieu thereof the figure 23,982,744
   Fourteenth: In Sec. 41, subsection (a), by striking out the figure
―$13,850,000.00‖ and inserting in lieu thereof the figure $13,712,001.00
   Fifteenth: In Sec. 42, subsection (a), subdivision (24), by striking out the
figure ―23,333‖ and inserting in lieu thereof the figure 70,000
   Sixteenth: In Sec. 42, subsection (a), by striking out subdivision (32) in its
entirety and inserting in lieu thereof a new subdivision (32) to read as follows:
         (32) To the department of education for support of debate and
forensic speaking programs;
                                                  17,000             0
    Seventeenth: In Sec. 42, subsection (a), by striking out subdivision (36) in
its entirety and inserting in lieu thereof a new subdivision (36) to read as
follows:
      (36) To the department of public safety for a new statewide
communication system. The department shall utilize federal funds as available
to supplement state resources to establish the new public safety communication
system;                     2,100,000                      1,500,000
    Eighteenth: In Sec. 42, subsection (a), subdivision (49), by striking out the
figure ―$500,000‖ and inserting in lieu thereof the figure $166,000 and by
striking out the figure ―$300,000‖ and inserting in lieu thereof the figure
$100,000
   Nineteenth: By striking out Sec. 44 in its entirety and inserting in lieu
thereof a new Sec. 44 to read as follows:
Sec. 44. Sec. 44. FISCAL YEAR 2002 TRANSFERS
    (a) Notwithstanding any other provisions of law, the fiscal year 2002
unreserved undesignated general fund balance, on a budgetary basis as
determined by the commissioner of finance and management on July 31, 2002,
is hereby transferred and appropriated, as available, in the following order:
     (1) First, the necessary portion of the balance shall be transferred to the
general fund budget stabilization reserve to attain its statutory maximum;

                                     - 299 -
      (2) Second, any remaining fund balance after subsection (a) subdivision
(1) of this section shall be applied to fund transfers in Sec. 52 of this act in the
following order:
        (A) Up to $1,510,000.00, of the amount transferred from the
petroleum clean-up fund to the general fund, shall be transferred to the
petroleum clean-up fund;
        (B) Up to $200,000.00, the amount transferred from the home
weatherization fund to the general fund, shall be transferred to the home
weatherization fund;
         (C) up to $100,000.00, the amount transferred from the Act 250
permit fund to the general fund, shall be transferred to the Act 250 permit fund;
       (D) Up to $400,000.00, the amount transferred from the solid waste
management fund to the general fund, shall be transferred to the solid waste
management fund;
        (E) Up to $300,000.00, the amount transferred from the pesticide
monitoring fund to the general fund, shall be transferred to the pesticide
monitoring fund.
      (3) In the event that the full amounts of the transfers in subdivisions
(2)(A)-(E) of this subsection are not made as a result of this subsection, it is the
intent of the general assembly that the remaining difference be transferred to
the respective funds from the general fund in future years.
   Twentieth: By striking out Sec. 50 in its entirety and inserting in lieu
thereof a new Sec. 50 to read as follows:
Sec. 50. WILMINGTON RECALCULATION PAYMENT
    (a) The commissioner of education shall issue a payment to the town of
Wilmington in the amount of $215,600.00 to compensate the town for changes
in valuation in education tax liability resulting from property tax appeals. The
amount of $215,600.00 in education funds is appropriated in fiscal year 2002
to the department of education for this purpose.
   Twenty-first: In Sec. 52, subsection (a), subdivision (1), by striking out the
figure ―1,776,000‖ and inserting in lieu thereof the figure 1,510,000
   Twenty-second: In Sec. 52, subsection (a), subdivision (1), by striking out
the figure ―600,000‖ and inserting in lieu thereof the figure 400,000
   Twenty-third: In Sec. 52, subsection (a) subdivision (1) by striking out the
figure ―400,000‖ and inserting in lieu thereof the figure 200,000


                                      - 300 -
  Twenty-fourth: After Sec. 52, by adding a new section to be numbered Sec.
52a to read as follows:
   Sec. 52a. FISCAL YEAR 2000 GENERAL FUND TRANSFER RETURN
    (a) Notwithstanding 18 V.S.A. §9502, or any other law to the contrary,
$750,000.00, the amount equal to the amount transferred from the general fund
to the tobacco trust fund in Sec. 251(a)(19) of No. 152 of the Acts of 2000,
shall be transferred from the tobacco trust fund back to the general fund by
June 30, 2002.
   Twenty-fifth: In Sec. 53, subsection (a), by striking out the figure
―846,882‖ and inserting in lieu thereof the figure 883,132
   Twenty-sixth: In Sec. 53, subsection (a), by striking out the following:
―(39) Johnson State College – scholarship fund‖ ―5,000‖
   Twenty-seventh: In Sec. 53, subsection (b), by striking out the figure
―617,278‖ and inserting in lieu thereof the figure 685,277
   Twenty-eighth: By striking out Sec. 59 in its entirety and inserting in lieu
thereof a new Sec. 59 to read as follows:
Sec. 59. APPROVAL OF DEBT REPEAL
   (a) 32 V.S.A. § 711 (requirement of administration approval of debt) is
repealed.
   Twenty-ninth: By adding a new section to be numbered Sec. 59a to read as
follows:
Sec. 59a. CORRECTIONS; WOODSTOCK REGIONAL CORRECTIONAL
FACILITY
   (a) Notwithstanding the decision of the joint fiscal committee at its
November 15, 2001 meeting to adopt the fiscal year 2002 expenditure
reduction plan submitted by the secretary of administration pursuant to
32 V.S.A. § 704 (―rescission plan #2‖), the Woodstock Regional Correctional
Facility shall continue to be available to the Department of Corrections to
serve as a backup facility until the Southern Vermont Correctional Facility
shall be opened.
   (b) The Commissioner of Corrections shall construct cells to accommodate
eight detainees at the Southeast State Correctional Facility (Windsor) and shall
maintain equivalent space, staffing and services for detainees at the Woodstock
Regional Correctional Facility until the Windsor cells for detainees are
operational.


                                    - 301 -
    (c) Once the requirements of subsection (b) are met, the Commissioner of
Corrections shall proceed to implement the provisions of this act as they affect
utilization of the Woodstock Regional Correctional Facility but shall maintain
the facility so that it shall be immediately suitable to provide additional bed
capacity in the event such capacity is needed.
   (d) There is transferred from the Department of Corrections the sum of
$10,000.00 to the Department of Buildings and General Services. The
Commissioner of the Department of Buildings and General Services shall
consult with the Windsor County officials and the Town and Village officials
of Woodstock as to appropriate alternative uses of the facility and may utilize
the funds transferred for design and planning that will enhance the utilization
of the facility for the benefit of Windsor County and the Town of Woodstock.
   (e) In addition to the quarterly reports required in Sec. 103 of No. 63 of the
Acts of 2001 as amended, the department of corrections shall provide reports
twice a month to the Joint Corrections Oversight Committee on intensively
supervised field population and the number of filled positions in the field
providing supervision to that population. Once all intensive field supervision
positions created in Sec. 103 of No. 63 of the Acts of 2001 as amended, as well
as those positions reassigned as field supervision positions as a result of the
change of status of the Woodstock Regional Correctional Facility are filled and
the department has demonstrated for a period of three consecutive months that
the recommended coverage ratios statewide for intensive supervision are met,
these bi-weekly reports will no longer be required.
    Thirtieth: After Sec. 59a, by adding a new section to be numbered Sec. 60
to read as follows:
Sec. 60. WORKFORCE REPORTS
   (a) 10 V.S.A. § 541(h)(6) is amended to read:
(6) Receive annual reports from the legislative joint fiscal office department of
employment and training on the workforce education and training revenues
and expenditures of agencies and institutions which are members of the
council.
    And by renumbering all of the sections of the bill to be numerically correct
(including internal references) and adjusting all of the totals to be
arithmetically correct.
  (For text see House Journal February 5, 2002, pp. 232-241; February 6,
2002, pp. 246-252)



                                     - 302 -
                              Ordered to Lie
                                J.R.H. 208
   Joint resolution congratulating Kelly Clark on winning the gold medal in
the women’s halfpipe competition at the 2002 Winter Olympics.
                                J.R.H. 209
   Joint resolution congratulating Ross Powers on winning the gold medal in
the men’s halfpipe competition at the 2002 Winter Olympics.

               HOUSE APPROPRIATIONS COMMITTEE
                          FY 2003 budget testimony
 House members: The Committee invites members of the House of
Representatives to share their ideas about the FY 2003 budget on Wednesday
afternoon, February 27, between the hours of 2:45-4:30 p.m., in Room 42.

                         Schedule for 2002 Session
* March 1 –Crossover deadline – all bills out of committees (other than
money committees) by 5:00 p.m.
March 4-8 – Recess for town meeting week
March 15 – Capital and Transportation bills out of House Institutions and
House Transportation Committees
March 21 – Joint assembly – Retention of five judges
March 22 – Appropriations bill out of the House and to the Senate
* March 22 – Crossover deadline # 2 -- All bills referred to money
committees reported out by money committees
March 29 – Capital and Transportation bills out of the House and to the
Senate
April 22 – All money bills out of Senate and in Conference
                        CROSSOVER DEADLINE
  The crossover deadline has been set for Friday, March 1, 2002.
   This deadline means that reports on any House bills for consideration this
year must be reported by the last committee of reference (excluding the
committees on Appropriations and Ways and Means) on or before Friday,
March 1, 2002, and filed with the Clerk of the House so that the bills can be
placed on the Calendar for Notice the next legislative day.

                                   - 303 -
   Bills referred to the committees on Appropriations and Ways and Means
must be reported by those committees on or before Friday, March 22, 2002,
and filed with the Clerk of the House.
   These deadlines may be waived for any bill or committee only with the
consent of the Committee on Rules.




                                 - 304 -

				
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