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Journal of the Senate
________________
THURSDAY, MAY 4, 2006
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Message from the House No. 94
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered a bill
originating in the Senate of the following title:
S. 228. An act relating to price gouging for petroleum products.
And has passed the same in concurrence with proposals of amendment in
the adoption of which the concurrence of the Senate is requested.
The House has considered Senate proposal of amendment to House bill of
the following title:
H. 880. An act relating to education finance simplification.
And has refused to concur therein and asks for a Committee of Conference
upon the disagreeing votes of the two Houses;
And the Speaker has appointed as members of such Committee on the part
of the House
Rep. Rusten of Halifax
Rep. Otterman of Topsham
Rep. Donovan of Burlington
The House has considered Senate proposal of amendment to House
proposal of amendment to Senate bill of the following title:
S. 124. An act relating to a certificate of public good for extending the
operating license of a nuclear power plant.
And has concurred therein with proposals of amendment in the adoption of
which the concurrence of the Senate is requested.
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THURSDAY, MAY 4, 2006 1263
The House has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses on House bill of the following title:
H. 677. An act relating to a standards board and licensing panels for
professional educators.
And has adopted the same on its part.
The Governor has informed the House of Representatives that on the second
day of May, 2006, he approved and signed bills originating in the House of the
following titles:
H. 860. An act relating to Vermont’s participation in the regional
greenhouse gas initiative.
H. 678. An act relating to the Department of Banking, Insurance,
Securities, and Health Care Administration.
Bills Referred to Committee on Appropriations
House bills of the following titles, appearing on the Calendar for notice, and
carrying an appropriation, under the rule, was referred to the Committee on
Appropriations:
S. 890.
An act relating to emergency management and public safety.
S. 891.
An act relating to Vermont web portal.
Senate Resolution Placed on Calendar
S.R. 12.
Senate resolution of the following title was offered, read the first time and is
as follows:
By Senators Gander, White, Ayer, Dunne, Giard, Lyons, Maynard, Miller,
Mullin, Snelling and Welch,
S.R. 12. Senate resolution recognizing the vital role of immigrants in the
state of Vermont and the United States.
Whereas, with the exception of Native Americans, all citizens of the United
States are immigrants or direct descendants of immigrants who arrived from
other nations, and
Whereas, the multiplicity of nations from which immigrants arrived has
assured the population base of our state and country benefits from a diverse
cultural, ethnic, racial and religious composition, and
1264 JOURNAL OF THE SENATE
Whereas, the pivotal roles that immigrants have played in every aspect of
the histories of our state and nation continue to this day, and
Whereas, during wartime, immigrants have fought side by side with all
Americans, including U.S. Army Specialist Solomon C. Bangayan of Jay,
Vermont, who immigrated from the Philippines only years before his death
while serving in Iraq, and
Whereas, over the last few years, immigrants employed in the United
States, regardless of their immigration status, have been subjected to criticism
and harsh treatment, and
Whereas, immigrants often perform jobs that United States citizens are
unwilling to accept, and their financial contribution to our economy as
taxpayers and purchasers of goods and services is considerable, and
Whereas, apple growers, dairy farmers, vegetable farmers and others in
Vermont have employed immigrant laborers who are hard-working and in
search of steady employment; and without the services of these workers, many
Vermont farmers and orchardists would be unable to operate their businesses,
and
Whereas, in recent years, the Vermont ski industry has employed
immigrants for many duties related to resort area core operations, and
Whereas, over the last decade, Vermont has become the refuge, haven, and
home for immigrant communities from Southeast Asia, the Balkans and
Africa, and
Whereas, Congress has been debating legislation that would potentially
implement major changes in the treatment of immigrants under the law and in
the monitoring of the nation’s southern borders, and
Whereas, it is imperative that any measure that Congress may adopt be
compassionate and not unnecessarily punitive, now therefore be it
Resolved by the Senate:
That the Vermont Senate recognizes the significant contributions of
immigrants in the state of Vermont and the United States, and be it further
Resolved: That the Secretary of the Senate be directed to send a copy of
this resolution to the Vermont Ski Area Association; to Steve Kerr, Secretary
of Agriculture, Food and Markets; to the Vermont Farm Bureau; to the
Vermont Apple Marketing Board; to the Vermont Congressional delegation; to
the Vermont State Grange; to the Vermont Refugee Resettlement Program; and
to Vermont Refugee Assistance.
THURSDAY, MAY 4, 2006 1265
Thereupon, in the discretion of the President, under Rule 51, the resolution
was placed on the Calendar for action tomorrow.
House Proposal of Amendment Concurred In with Amendment
S. 58.
House proposal of amendment to Senate bill entitled:
An act relating to direct shipping of wine and beer.
Was taken up.
Thereupon, pending the question, Shall the Senate concur in the House
proposal of amendment?, Senators Gander, Illuzzi and White moved that the
Senate concur in the House proposal of amendment with an amendment as
follows:
First: In Sec.1, (Purpose) by striking out subsection (a) in its entirety and
inserting in lieu thereof the following:
(a) The primary purpose of this act is to make statutory changes in the
Vermont shipping laws so that Vermont will be in compliance with the federal
constitutional requirements regarding direct shipping of vinous beverages as
laid out in Granholm v. Heald, 544 U.S. 460 (2005). To that end, it is the
purpose of this act to authorize both in-state and out-of-state wineries to ship
wine to Vermont consumers and retailers on even handed terms. It is further
the purpose of this act to restrict sales of alcoholic beverages to underage
individuals, collect all state excise and sales tax due on the commerce of
alcoholic beverages and ensure a transparent, enforceable and accountable
distribution system for alcoholic beverages.
Second: In Sec. 6, 7 V.S.A. §67(a)(2) in the next to last sentence by
striking out the words “or at a farmers’ market”
Third: In Sec. 6, 7 V.S.A. §67(a)(2) by striking out the last sentence and
inserting in lieu thereof the following: No more than four wine tasting permits
per month for a tasting event held on the premises of second class licensees,
and no more that 60 wine tasting permits per year for a tasting event held on
the premises of a farmers’ market shall be issued to any manufacturer or
rectifier.
Fourth: In Sec. 6. 7 V.S.A. §67(b)(1) by striking out the word “four” and
inserting in lieu thereof the word “six”
Thereupon, pending the question, Shall the Senate concur in the House
proposal of amendment with a proposal of amendment?, Senator Illuzzi moved
to amend the proposal of amendment as follows:
1266 JOURNAL OF THE SENATE
First: In Sec. 4. 7 V.S.A. §66(c) in the third sentence, by striking out the
following: “and does not sell vinous beverages to a licensed wholesale dealer”
and by striking out the number “50” and inserting in lieu thereof the number 40
Second: In Sec. 4. 7 V.S.A. §66(d) by striking out subdivision (2) and
inserting in lieu thereof the following:
(2) No more than 12 cases containing no more than 29 gallons of vinous
beverages to any one Vermont resident in any calendar year.
Which was agreed to.
Thereupon, the question, Shall the proposal of amendment of Senators
Gander, Illuzzi and White be amended as recommended by Senator Illuzzi?,
was decided in the affirmative.
Thereupon, pending the question, Shall the Senate concur in the House
proposal of amendment with a proposal of amendment?, Senator Dunne,
moved to further amend the proposal of amendment by adding a new section to
be numbered Sec. 9a. to read as follows:
Sec. 9a. SEVERABILITY
If any provision of this act or its application or circumstance is held invalid
or in violation of the constitution or laws of the United States, the invalidity or
the violation shall not affect other provisions of this act which can be given
effect without the invalid provision or application, and to this end, the
provisions of this act are severable.
Which was agreed to.
Thereupon, the recurring question, Shall the Senate concur in the House
proposal of amendment with a proposal of amendment?, was decided in the
affirmative.
Third Reading Ordered
H. 310.
Senator Dunne, for the Committee on Economic Development, Housing and
General Affairs, to which was referred House bill entitled:
An act relating to employee ownership of businesses.
Reported that the bill ought to pass in concurrence.
Senator Dunne, for the Committee on Appropriations, to which the bill was
referred, reported recommending that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
THURSDAY, MAY 4, 2006 1267
Proposal of Amendment; Third Reading Ordered
H. 28.
Senator Snelling, for the Committee on Natural Resources and Energy, to
which was referred House bill entitled:
An act relating to establishing guidelines for the use of outdoor lighting.
Reported that the bill ought to pass in concurrence.
Senator Scott, for the Committee on Institutions, to which the bill was
referred, reported recommending that the Senate propose to the House to
amend the bill as follows:
First: In Sec. 1, § 591(c), in the first sentence, by striking out the following:
“15-member” and inserting in lieu thereof the following: 20-member
Second: In Sec. 1, § 591(c), in the first sentence, before the phrase: “and
one landscape architect recommended by the Vermont Association of
Landscape Architects” by inserting the following: a representative of the
agency of transportation recommended by the secretary of the agency; a
representative of the department of buildings and general services
recommended by the commissioner of the department; a representative of the
Center for Crime Victims Services (CCVC) recommended by the CCVC; a
representative of the Vermont Farm Bureau (VFB) recommended by the VFB;
a representative of the Vermont Agricultural Fairs Association (VAFA)
recommended by the VAFA;
Third: In Sec. 1, § 591(c), in the last sentence, by striking out the date
“June 30, 2006” and inserting in lieu thereof the date June 30, 2007 and after
the last sentence by inserting the following: At its first meeting, the advisory
board shall select one of its members to serve as chair.
Fourth: In Sec. 1, § 591(d), in the first sentence, by striking out the date
“June 30, 2006” and inserting in lieu thereof the date June 30, 2007
Fifth: In Sec. 1, by striking out subsections (f), (g), and (h) in their entirety
Sixth: By striking out Secs. 2, 3, and 4 in their entirety
And that the bill ought to pass in concurrence with such proposals of
amendment.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, the proposals of amendment were collectively agreed to, and third
reading of the bill was ordered.
1268 JOURNAL OF THE SENATE
Proposal of Amendment; Third Reading Ordered
H. 690.
Senator Miller, for the Committee on Economic Development, Housing and
General Affairs, to which was referred House bill entitled:
An act relating to the identification, documentation, and advancement of
this creative sector of the state’s economy.
Reported recommending that the Senate propose to the House to amend the
bill by striking out all after the enacting clause and inserting in lieu thereof the
following:
Sec. 1. LEGISLATIVE FINDINGS AND INTENT
(a) The general assembly finds that the heritage, art, culture, innovation,
and inventiveness of the people of Vermont are central to the fabric of each
Vermont community, and, that collectively, they form the “creative economy”
of the state, an economic sector that inspires innovation, creates jobs, and
produces revenue throughout the state.
(b) It is therefore the intent of the general assembly by this act to identify
and document Vermont’s creative economy in order to engage and build the
capacity of its cultural resources to reenergize communities, revitalize
downtowns, and reactivate economic development that builds on heritage,
preservation, creativity, innovation, and the entrepreneurial spirit.
Sec. 2. IDENTIFICATION AND DOCUMENTATION OF THE CREATIVE
ECONOMY SECTOR
(a) The joint fiscal office, with the assistance of the legislative council,
shall undertake an analysis of the creative economy sector concept as it applies
to Vermont. The analysis shall include:
(1) A discussion and development of working definitions of creative
economy in the state, identifying and aggregating the creative, artistic,
inventive, and cultural enterprises, and other sectors that specialize in the
creation of intellectual property such as media design, sustainable
technologies, value-added manufacturing, natural resources industries, and
environmental technologies that comprise the state’s creative economy.
(2) A review of possible measures or indicators of economic benefits,
costs, and contributions to the state from the creative economy sector.
(3) A survey of initiatives that have been adopted in other jurisdictions
to promote creative economy endeavors.
(b) As part of the study, the fiscal office shall invite input from the agency
of commerce and community development, the University of Vermont, the
THURSDAY, MAY 4, 2006 1269
Vermont council on the arts, representatives of environmental consortiums,
sustainable jobs initiatives, and others interested in creative economy
initiatives.
(c) The joint fiscal office and legislative council shall report to the house
committee on commerce, the house committee on ways and means, the senate
committee on economic development, housing and general affairs, and the
senate committee on finance on or before January 15, 2007.
(d) For the purposes of this study, in fiscal year 2007, there is appropriated
the amount of $25,000.00 from the general fund to the joint fiscal office. The
funds appropriated may be expended to encourage contributions and leverage
resources from private and nonprofit entities and to retain consulting services.
And that the bill ought to pass in concurrence with such proposals of
amendment.
Senator Miller, for the Committee on Appropriations, to which the bill was
referred, reported recommending that the bill be amended as recommended by
the Committee on Economic Development, Housing and General Affairs with
the following amendments thereto:
First: In Sec. 2, by striking out subsection (a) in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) The Vermont Economic Progress Council (VEPC) in consultation with
the joint fiscal office, and legislative council, shall undertake an analysis of the
creative economy sector concept as it applies to Vermont. The analysis shall
include:
Second: In Sec. 2, subsection (b) by striking out the following: “the fiscal
office” and inserting in lieu thereof the following: VEPC
Third: In Sec. 2, subsection (c) by striking out the following: “The joint
fiscal office and legislative council” and inserting in lieu thereof the following:
VEPC
Fourth: In Sec. 2, by striking out subsection (d) in its entirety.
And that the bill ought to pass in concurrence with such proposals of
amendment.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and the recommendation of proposal of amendment of the Committee
on Economic Development, Housing and General Affairs was amended as
recommended by the Committee on Appropriations.
1270 JOURNAL OF THE SENATE
Thereupon, the proposals of amendment recommended by the Committee
on Economic Development, Housing and General Affairs, as amended, were
agreed to and third reading of the bill was ordered.
Rules Suspended; Third Readings Ordered
H. 879.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to universal telecommunications service.
Was taken up for immediate consideration.
Senator Ayer, for the Committee on Finance, to which the bill was referred,
reported that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
H. 885.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to amending the charter of the town of St. Johnsbury.
Was taken up for immediate consideration.
Senator Kitchel, for the Committee on Government Operations, to which
the bill was referred, reported that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
H. 886.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to the merger of the town of Williamstown and the
Williamstown fire district.
Was taken up for immediate consideration.
Senator Giard, for the Committee on Government Operations, to which the
bill was referred, reported that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
THURSDAY, MAY 4, 2006 1271
H. 892.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to amending the charter of the town of Windsor.
Was taken up for immediate consideration.
Senator Condos, for the Committee on Government Operations, to which
the bill was referred, reported that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
Rules Suspended; Proposal of Amendment; Third Reading Ordered
H. 227.
Appearing on the Calendar for notice, on motion of Senator Leddy, the
rules were suspended and House bill entitled:
An act relating to safe staffing and quality of patient care.
Was taken up for immediate consideration.
Senator Leddy, for the Committee on Health and Welfare, to which the bill
was referred, reported recommending that the Senate propose to the House to
amend the bill in Sec. 3, 18 V.S.A. § 1854, by adding a sentence at the end of
subsection (b) to read: The information shall be provided within 24 hours of
the request.
And that the bill ought to pass in concurrence with such proposal of
amendment.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and the proposal of amendment was agreed to.
Thereupon, pending the question, Shall the bill be read the third time?,
Senator Leddy moved that the Senate propose to the House to amend the bill in
Sec. 1, in 18 V.S.A. §9405b(a), after the word “interests” by inserting a
comma, which was agreed to.
Thereupon, third reading of the bill was ordered.
Rules Suspended; Third Reading Ordered
House Proposal of Amendment Concurred In
S. 285.
House proposal of amendment to Senate bill entitled:
1272 JOURNAL OF THE SENATE
An act relating to coverage of disabled adult children and college students.
Was taken up.
The House proposes to the Senate to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. 8 V.S.A. § 4089d is amended to read:
§ 4089d. COVERAGE; DEPENDENT CHILDREN
(a) Any As used in this section, “health insurance plan” shall mean any
group or individual policy of health insurance or any subscriber contract of a,
nonprofit hospital or medical service corporation, subscriber contract, health
maintenance organization contract, self-insured group plan, and prepaid health
insurance plans delivered, issued for delivery, renewed, replaced, or assumed
by another insurer, or in any other way continued in force in this state which.
(b) A health insurance plan that provides that for terminating the coverage
of a dependent child shall terminate upon attainment of the limiting age for
dependent children specified in the policy, shall not limit or restrict coverage
with respect to an unmarried child who:
(1) is incapable of self-sustaining employment by reason of mental
retardation, cerebral palsy, epilepsy or physical handicap a mental or physical
disability that has been found to be a disability that qualifies or would qualify
the child for benefits using the definitions, standards, and methodology in
20 C.F.R. Part 404, Subpart P;
(2) and who became so incapable prior to attainment of the limiting age;
and
(3) who is chiefly dependent upon the employee or, member, subscriber,
or policyholder for support and maintenance.
(c) Coverage under any policy or contract subject to subsection (b) of this
section shall not be denied any person based upon the existence of such a
condition; however an insurer a health insurance plan may require reasonable
periodic proof of a continuing condition no more frequently than once every
year.
(d) A health insurance plan that covers dependent children who are
full-time college students beyond the age of 18 shall include coverage for a
dependent’s medically necessary leave of absence from school for a period not
to exceed 24 months or the date on which coverage would otherwise end
pursuant to the terms and conditions of the policy or coverage, whichever
comes first, except that coverage may continue under subsection (b) of this
section as appropriate. To establish entitlement to coverage under this
subsection, documentation and certification by the student’s treating physician
THURSDAY, MAY 4, 2006 1273
of the medical necessity of a leave of absence shall be submitted to the insurer
or, for self-insured plans, the health plan administrator. The health insurance
plan may require reasonable periodic proof from the student’s treating
physician that the leave of absence continues to be medically necessary.
Sec. 2. STUDY ON CONTINUATION COVERAGE FOR YOUNG ADULT
CHILDREN AND SPOUSES FOLLOWING DIVORCE OR DISSOLUTION
(a) A committee is established to study issues related to continuing health
insurance eligibility for spouses following divorce or dissolution of a civil
union and for young adult children.
(b) The committee shall consist of the following members:
(1) the commissioner of banking, insurance, securities, and health care
administration or designee;
(2) a Vermont attorney who practices family law appointed by the
Vermont bar association;
(3) the state health care ombudsman;
(4) the executive director of the Vermont commission on women or
designee; and
(5) an individual representing each of the following, to be appointed by
the commissioner of banking, insurance, securities, and health care
administration:
(A) private health insurance companies insuring Vermonters;
(B) Vermont employers; and
(C) youth service organizations.
(c) The committee shall study:
(1) whether and how health insurance coverage should be provided to a
former spouse or civil union partner under the insurance policy or health plan
coverage under which he or she was covered before the divorce or civil union
dissolution; and
(2) whether and how health insurance coverage should be provided to a
young adult child under the insurance policy or health plan coverage of his or
her parent and under which he or she was covered before attaining the limiting
age for dependent children specified in the policy.
(d) The committee shall consider:
(1) the number of potentially eligible young adults and former spouses
and the need for coverage for these populations;
1274 JOURNAL OF THE SENATE
(2) which insurance markets and state-regulated, self-insured health
plans, if any, should be required to provide continued coverage;
(3) whether such coverage should be provided in all plans, by option, by
rider, or in some other manner;
(4) standards for eligibility for and termination of such coverage;
(5) any potential impact on employers;
(6) any potential impact on the cost of coverage under the health
insurance policy or health benefit plan;
(7) privacy issues;
(8) income tax issues; and
(9) in relation to post-divorce and -dissolution coverage:
(A) issues relating to family court actions; and
(B) the impact of subsequent remarriage or civil union of either party.
(e) The representative of the department of banking, insurance, securities,
and health care administration shall serve as chair of the committee.
(f) The committee shall have the assistance and cooperation of the
department of banking, insurance, securities, and health care administration,
which shall provide professional and administrative support for the committee,
the Vermont state employees’ association, and the department of human
resources.
(g) The committee shall report its findings and recommendations, including
proposals for legislative action, to the general assembly and the governor no
later than January 15, 2007, whereupon it shall cease to exist.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
House Proposal of Amendment to Senate Proposal of Amendment
Concurred In
H. 480.
House proposal of amendment to Senate proposal of amendment to House
bill entitled:
An act relating to precursor drugs of methamphetamine.
Was taken up.
The House proposes to the Senate to amend the Senate proposal of
amendment as follows:
THURSDAY, MAY 4, 2006 1275
In Sec. 2, § 4234b(a) of Title 18, by striking out subdivision (2) in its
entirety.
And by renumbering the remaining subdivisions to be numerically correct.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment to the Senate proposal of amendment?, was decided in the
affirmative.
House Proposal of Amendment to Senate Proposal of Amendment to
House Proposal of Amendment Concurred In
S. 124.
House proposal of amendment to Senate proposal of amendment to House
proposal of amendment to Senate bill entitled:
An act relating to a certificate of public good for extending the operating
license of a nuclear power plant.
Was taken up.
The House proposes to the Senate to amend the Senate proposal of
amendment to the House proposal of amendment as follows:
In the second and third proposals of amendment by striking out the inserted
word “approval” and inserting in lieu thereof the word review
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment to the Senate proposal of amendment to the House proposal of
amendment?, was decided in the affirmative.
House Proposal of Amendment Concurred In with Amendment
S. 267.
House proposal of amendment to Senate bill entitled:
An act relating to placing a security freeze on a credit report.
Was taken up.
Thereupon, pending the question, Shall the Senate concur in the House
proposal of amendment?, Senator Sears moved that the Senate concur in the
House proposal of amendment with a proposal of amendment, by striking out
all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 9 V.S.A. § 2480a is amended to read:
§ 2480a. DEFINITIONS
For purposes of this subchapter:
1276 JOURNAL OF THE SENATE
***
(7) “Security freeze” means a notice placed in a credit report, at the
request of the consumer who is a victim of identity theft, pursuant to section
2480h of this title.
Sec. 2. 9 V.S.A. § 2480b is amended to read:
§ 2480b. DISCLOSURES TO CONSUMERS
***
(c) Any time a credit reporting agency is required to make a written
disclosure to consumers pursuant to 15 U.S.C. § 1681g, it shall disclose, in at
least 12 point type, and in bold type as indicated, the following notice:
***
(3) If you believe a law regulating consumer credit reporting has been
violated, you may file a complaint with the Vermont Attorney General’s
Consumer Assistance Program, 104 Morrill Hall, University of Vermont,
Burlington, Vermont 05405.
Vermont Consumers Who Are Victims of Identity Theft
Have the Right to Obtain a Security Freeze
You may obtain a security freeze on your credit report at no charge if you
are a victim of identity theft and you submit a copy of a police report,
investigative report or complaint you have filed with a law enforcement agency
about unlawful use of your personal information by another person. You have
a right to place a “security freeze” on your credit report pursuant to 9 V.S.A.
§ 2480h at no charge if you are a victim of identity theft. All other Vermont
consumers will pay a fee to the credit reporting agency of up to $10.00 to place
the freeze on your credit report. The security freeze will prohibit a credit
reporting agency from releasing any information in your credit report without
your express authorization. A security freeze must be requested in writing by
certified mail.
The security freeze is designed to help prevent credit, loans, and services
from being approved in your name without your consent. However, you
should be aware that using a security freeze to take control over who gains
access to the personal and financial information in your credit report may
delay, interfere with, or prohibit the timely approval of any subsequent request
or application you make regarding new loans, credit, mortgage, insurance,
government services or payments, rental housing, employment, investment,
license, cellular phone, utilities, digital signature, internet credit card
transaction, or other services, including an extension of credit at point of sale.
THURSDAY, MAY 4, 2006 1277
When you place a security freeze on your credit report, within ten business
days you will be provided a personal identification number or password to use
if you choose to remove the freeze on your credit report or authorize the
release of your credit report for a specific party, parties or period of time after
the freeze is in place. To provide that authorization, you must contact the
credit reporting agency and provide all of the following:
(1) The unique personal identification number or password provided by
the credit reporting agency.
(2) Proper identification to verify your identity.
(3) The proper information regarding the third party or parties who are
to receive the credit report or the period of time for which the report shall be
available to users of the credit report.
A credit reporting agency may charge a fee of up to $5.00 to a consumer
who is not a victim of identity theft to remove the freeze on your credit report
or authorize the release of your credit report for a specific party, parties, or
period of time after the freeze is in place. For a victim of identity theft there is
no charge when the victim submits a copy of a police report, investigative
report, or complaint filed with a law enforcement agency about unlawful use of
the victim's personal information by another person.
A credit reporting agency that receives a request from a consumer to lift
temporarily a freeze on a credit report shall comply with the request no later
than three business days after receiving the request.
A security freeze will not apply to “preauthorized approvals of credit.” If
you want to stop receiving preauthorized approvals of credit, you should call
[INSERT PHONE NUMBERS] [ALSO INSERT ALL OTHER CONTACT
INFORMATION FOR PRESCREENED OFFER OPT OUT.]
A security freeze does not apply to a person or entity, or its affiliates, or
collection agencies acting on behalf of the person or entity with which you
have an existing account that requests information in your credit report for the
purposes of reviewing or collecting the account, provided you have previously
given your consent to this use of your credit reports. Reviewing the account
includes activities related to account maintenance, monitoring, credit line
increases, and account upgrades and enhancements.
You have a right to bring a civil action against someone who violates your
rights under the credit reporting laws. The action can be brought against a
credit reporting agency or a user of your credit report.”
1278 JOURNAL OF THE SENATE
Sec. 3. 9 V.S.A. § 2480h(a) is amended to read:
(a) Any Vermont consumer may place a security freeze on his or her credit
report. A credit reporting agency shall not charge a fee to victims of identity
theft but may charge a fee of up to $10.00 to all other Vermont consumers for
placing and $5.00 for removing, removing for a specific party or parties or
removing for a specific period of time after the freeze is in place a security
freeze on a credit report. A consumer who has been the victim of identity theft
may place a security freeze on his or her credit report by making a request in
writing by certified mail to a credit reporting agency with a valid copy of a
police report, investigative report, or complaint the consumer has filed with a
law enforcement agency about unlawful use of his or her personal information
by another person. A credit reporting agency shall not charge a fee for placing,
removing, or removing for a specific party or parties a security freeze on a
credit report All other Vermont consumers may place a security freeze on his
or her credit report by making a request in writing by certified mail to a credit
reporting agency. A security freeze shall prohibit, subject to the exceptions in
subsection (l) of this section, the credit reporting agency from releasing the
consumer’s credit report or any information from it without the express
authorization of the consumer. When a security freeze is in place, information
from a consumer’s credit report shall not be released to a third party without
prior express authorization from the consumer. This subsection does not
prevent a credit reporting agency from advising a third party that a security
freeze is in effect with respect to the consumer’s credit report.
Sec. 4. 9 V.S.A. § 2480h(l)(10) is added to read:
(10) Any property and casualty insurance company for use in setting or
adjusting a rate or underwriting for property and casualty insurance purposes.
Sec. 5. 8 V.S.A. § 4704a is added to read:
4704a. RERATING AFTER USE OF ERRONEOUS CREDIT
INFORMATION
If it is determined through the reinvestigation process set forth in the federal
Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that credit information
relied upon by an insurer was incorrect, and if an insurer receives notice of that
determination from either the consumer-reporting agency or from the insured
who has provided written documentation from the consumer-reporting agency,
within one year of the date after the insured is no longer a customer of the
insurer, such insurer shall reunderwrite and rerate the consumer within 30 days
after receiving the notice. After reunderwriting or rerating the insured the
insurer shall make any adjustments necessary consistent with its underwriting
and rating guidelines. If an insurer determines that the insured has overpaid the
premium the insurer shall refund to the insured the amount of overpay
THURSDAY, MAY 4, 2006 1279
Which was agreed to.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 864.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to capital construction and state bonding.
Was taken up for immediate consideration.
Senator Scott, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 864. An act relating to capital construction and state bonding.
Respectfully reports that it has met and considered the same and
recommends that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
* * * Capital Appropriations * * *
Sec. 1. STATE BUILDINGS
The sum of $10,457,418 is appropriated to the department of buildings and
general services, and the commissioner is authorized to direct funds
appropriated in this section to the projects contained in this section; however,
no project shall be canceled unless the chairs of the house and senate
committees on institutions are notified before that action is taken. The
individual appropriations in this section are estimates only.
(1) Burlington, Cherry Street garages, continued repairs: (600,000)
(2) Montpelier, 133 State Street, complete renovations: (1,700,000)
(3) Montpelier, 109 State Street, complete third floor renovations:
(132,418)
(4) Montpelier, secretary of state and department of motor vehicles, for
final designs and site assessment for a new archives building, with vault space
of up to 25,000 cubic feet, which shall be designed and positioned to permit
future expansion of up to 15,000 cubic feet, and for design and site assessment
1280 JOURNAL OF THE SENATE
for a department of motor vehicles facility, both to be located at the “triangle”
site, so-called, in Montpelier as part of a longer-term relocation project that
will include locating the secretary of state and the department of education at
120 State Street and selling the Redstone Building:
(A) Motor vehicles facility: (100,000)
(B) Archives building: (650,000)
(5) Springfield, state office building; retaining wall, phase 1: (100,000)
(6) Waterbury, state office complex, condensate line replacement:
(650,000)
(7) Statewide, major maintenance, to include up to $250,000 for
maintenance of the heat distribution system at the Vermont Veterans’ Home:
(5,600,000)
(8) Statewide, Americans with Disabilities Act (ADA)
(A) Accessibility to public buildings: (175,000)
(B) State-supported domestic violence centers, phase II: (50,000)
(9) Statewide, contingency fund: (500,000)
(10) Statewide, building reuse: (100,000)
(11) Statewide, planning: (25,000)
(12) State House, for renovation and restoration of the ceilings in senate
committee rooms 27 and 28, for renovation of room 26 as a dedicated
committee room for the senate committee on agriculture, and for renovation
and partial enclosure of the “bill room” to accommodate the capitol police
department in addition to the room’s current functions: (75,000)
(Total appropriation – Section 1 $10,457,418)
Sec. 2. TAXES
The sum of $100,000 is appropriated to the department of taxes as the third
appropriation in an ongoing project to update statewide quadrangle maps
through digital orthophotographic quadrangle mapping; provided, however, if
weather conditions preclude full expenditure of the funds appropriated in this
section on or before July 1, 2006, then any remaining funds are reallocated to
the department of buildings and general services for major maintenance.
(Total appropriation – Section 2 $100,000)
THURSDAY, MAY 4, 2006 1281
Sec. 3. HEALTH AND PUBLIC SAFETY LABORATORIES
The sum of $8,250,000 is appropriated to the department of buildings and
general services for the departments of health and of public safety to purchase
IBM Building #617 in Essex and to begin construction and renovation of the
property for the health and forensic laboratories.
(Total appropriation – Section 3 $8,250,000)
Sec. 4. HUMAN SERVICES
(a)(1) The sum of $1,000,000 shall be expended by the department of
buildings and general services for the agency of human services for continued
planning, design, and permitting associated with the creation of a new inpatient
facility to replace the current Vermont state hospital, which shall be from
general funds appropriated in No. X of the Acts of the 2005 Adj. Sess. (2006)
(the Fiscal Year 2007 Appropriations Act).
(2) No portion of this appropriation shall be encumbered or disbursed:
(A) Unless used solely for costs incurred in connection with work
required by the Vermont State Hospital Futures Plan (“the Plan”) required by
Sec. 141a of No. 122 of the Acts of the 2003 Adj. Sess. (2004), as approved by
the joint mental health oversight committee (“JMHOC”) on March 22, 2006
and by the joint fiscal committee (“JFC”) on April 25, 2006, which shall
include:
(i) Work necessary to complete an application for a conceptual
certificate of need under subchapter 5 of chapter 221 of 18 V.S.A.; and
(ii) Work authorized by a conceptual certificate of need necessary
to complete an application for a certificate of need under subchapter 5 of
chapter 221 of 18 V.S.A; and
(B) Until a detailed itemization of the specific manner in which the
funds shall be spent is presented to and approved by the JMHOC and the JFC.
(3) The department of buildings and general services and the agency of
human services shall report at each remaining meeting of the JMHOC and of
the JFC during calendar year 2006 and to the house committee on human
services, the senate committee on health and welfare, and the house and senate
committees on appropriations and on institutions (collectively the “Committees
of Jurisdiction”) in January 2007 regarding:
(A) The progress made on the planning, design, siting, and permitting
of the new state hospital facility, including specific updates on steps being
taken consistent with subchapter 5 of chapter 221 of 18 V.S.A regarding the
certificate of need process.
1282 JOURNAL OF THE SENATE
(B) The status of negotiations, if any, with a nonstate partner
regarding the resolution of outstanding issues, including building ownership,
staffing, and administrative responsibilities. “Staffing” shall include
demonstrated due diligence in support of the statement in the Vermont futures
strategic implementation plan of July 11, 2005 that the “expertise and
experience of the current VSH staff is a valuable resource” by identifying
potential avenues that would enable current qualified staff to maintain their
status and contractual benefits as Vermont state employees.
(b) The sum of $50,000 is appropriated to the department of buildings and
general services for the agency of human services for architectural fees
necessary to convert underutilized racquetball courts into classrooms at the
Woodside juvenile rehabilitation center.
(c) The sum of $750,000 is appropriated to the department of buildings and
general services for the agency of human services, department of corrections,
to complete the design of and acquire a site for a new minimum security
dormitory-style work camp.
(d) The sum of $200,000 is appropriated to the department of buildings and
general services for the agency of human services, department of corrections,
for electrical system upgrades at the Chittenden regional correctional facility in
South Burlington.
(e) The sum of $50,000 is appropriated to the department of buildings and
general services for the agency of human services, department of corrections,
to evaluate and provide estimates and options for a sewage upgrade project at
the northwest state correctional facility in St. Albans.
(f) The sum of $350,000 is appropriated to the department of buildings and
general services for the agency of human services, department of corrections,
to complete the heating and ventilation system and other related items at the
Vermont correctional industries building at the northern state correctional
facility in Newport.
(g) The department of corrections shall create and implement a
horticultural program for inmates at the southern state correctional facility in
Springfield. The department shall report its progress to the joint corrections
oversight committee at each of the committee’s meetings in 2006 and to the
house committee on institutions on or before January 15, 2007.
(h) The sum of $445,000 is appropriated to the agency of human services
for the Burlington Housing Authority, a public corporation created pursuant to
chapter 113 of Title 24, to renovate two new supportive transitional houses for
offenders returning to community life in Chittenden County, to be known as
Dismas House II and the Northern Lights House, as described in information
THURSDAY, MAY 4, 2006 1283
provided to the general assembly at a series of meetings held in February 2006;
provided no funds shall be disbursed to the Burlington Housing Authority
(BHA) until:
(1) evidence has been provided to the agency, satisfactory to its
secretary after consultation with the commissioner of buildings and general
services, that the BHA is ready to begin renovations; and
(2) the agency has entered into an agreement with the BHA providing
for recapture of state funds if either or both of the buildings for which state
funds have been used is sold or is used for a purpose other than as set forth in
this subsection.
(i) The sum of $450,000 is appropriated to the department of buildings and
general services for the agency of human services to renovate space in the
Springfield state office building for use by the agency.
(j) The sum of $100,000 is appropriated to the department of buildings and
general services for the agency of human services for safety enhancements for
patients and staff at the Vermont state hospital, to be substantially complete by
July 1, 2007. On or before January 15, 2007, the commissioner of buildings
and general services shall report to the house and senate committees on
institutions regarding implementation of this subsection.
(Total appropriation – Section 4 $3,395,000)
Sec. 5. JUDICIARY
(a) The sum of $100,000 is appropriated to the department of buildings and
general services for the judiciary to:
(1) Determine the feasibility of adding space to the Lamoille County
courthouse, of potentially acquiring additional land, and of reconfiguring
existing space to improve security, provide better access for people with
disabilities, upgrade the utility services, and create more accessible restrooms;
and
(2) Assist with relocation of the existing communications tower.
(b) The sum of $200,000 is appropriated to the department of buildings and
general services for the judiciary for the first of two phases of security and
space renovations at the Windham district and family courts with the intention
that the renovations will be completed during fiscal year 2008.
(c) The sum of $200,000 is appropriated to the department of buildings and
general services for the judiciary to complete necessary renovations to the
Bennington district and family courts to enhance security and litigant service.
1284 JOURNAL OF THE SENATE
(d) The sum of $250,000 is appropriated to the department of buildings and
general services for the judiciary to complete necessary roof and structural
repairs at the Grand Isle County courthouse.
(e) The sum of $50,000 is appropriated to the department of buildings and
general services for the judiciary for Orange County to assist with the purchase
of land and a structure adjacent to the Orange County courthouse.
(Total appropriation – Section 5 $800,000)
Sec. 6. COMMERCE AND COMMUNITY DEVELOPMENT
(a) The sum of $200,000 is appropriated to the department of buildings and
general services for the agency of commerce and community development for
major maintenance at historic sites statewide; provided such maintenance shall
be under the supervision of the department of buildings and general services.
(b) The sum of $30,000 is appropriated to the agency of commerce and
community development for underwater preserves.
(c) The sum of $10,000 is appropriated to the agency of commerce and
community development for roadside historic site markers.
(d) The sum of $230,000 is appropriated to the department of buildings and
general services for the agency of commerce and community development to
exercise an option to purchase the Hoskison property which will become part
of the Calvin Coolidge state historic site in Plymouth Notch, pursuant to the
authority granted in Sec. 25 of this act.
(e) The sum of $80,000 is appropriated to the department of buildings and
general services for the agency of commerce and community development for
design of a visitor’s center at the Calvin Coolidge state historic site in
Plymouth Notch.
(f) The sum of $15,000 is appropriated to the agency of commerce and
community development for the unmarked burials fund established in
18 V.S.A. § 5212b. If additional funds are needed in fiscal year 2007 for the
purposes set forth in section 5212b, the agency is authorized to use funds
appropriated in subsection (a) of this section for those purposes. Any federal
or other funds received by the state as reimbursement of funds expended in
connection with unmarked burials shall be used solely for the purposes
specified in section 5212b.
(Total appropriation – Section 6 $565,000)
Sec. 7. EDUCATION
(a) The sum of at least $8,532,000 shall be expended by the department of
education for state aid for school construction projects pursuant to section 3448
THURSDAY, MAY 4, 2006 1285
of Title 16; provided that no more than $3,600,000 of the total appropriation in
this subsection shall be used for renewable energy projects and projects to
extend the life of a building; and further provided that of the total amount
authorized by this subsection:
(1) The sum of $1,100,000 shall be from capital funds and is
appropriated by this act;
(2) The sum of $432,000 shall be from account #5100890501 (capital
construction aid) as set forth in Sec. 19 of this act; and
(3) The remaining sums shall be from general funds to be appropriated
in the “Big Bill” for the 2006 adjourned session (the Fiscal Year 2007
Appropriations Act).
(b)(1) The sum of $600,000 is appropriated to the department of education
for regional technical education centers and comprehensive high schools to
assist with the purchase of educational program equipment, to be distributed in
equal amounts to each center and high school with no local matching funds
required; provided it is the intent of the legislature that the equipment
purchased with these funds will meet or exceed a 15-year life cycle.
(2) The department of education shall consider and, on or before
January 15, 2007, provide recommendations to the senate and house
committees on institutions regarding:
(A) The type of equipment that should be eligible for purchase with
capital funds; and
(B) Options for ways in which additional funding could be made
available for equipment purchase by using education fund dollars.
(c) The sum of $1,000,000 shall be expended by the department of
buildings and general services for the Brattleboro Union High School District
#6 in partial payment of the state’s obligation to pay 100 percent of the
approved cost of the Windham Regional Career Center (Southeastern Vermont
Career Education Center) project, of which amount the sum of $500,000 shall
be from account #5100890501 (capital construction aid) as set forth in Sec. 19
of this act and the sum of $500,000 is appropriated by this act.
(d) If fiscal year 2007 general funds are made available for school
construction aid in addition to those otherwise accounted for in this section,
then those additional general fund dollars shall be distributed, to the extent
funds are available, as follows:
(1) First, the sum of $3,691,837 for state aid for school construction
projects pursuant to section 3448 of Title 16.
1286 JOURNAL OF THE SENATE
(2) Second, Windham Regional Career Center: (4,000,000)
(3) Third, Patricia A. Hannaford Career Center: (2,206,785)
(4) Fourth, Green Mountain Technology and Career Center: (2,000,000)
(5) Fifth, North Country Career Center: (2,000,000)
(6) Sixth, notwithstanding any provision of law to the contrary, the sum
of $173,065 shall be state aid for the Windsor State Street School project.
(7) Seventh, notwithstanding any provision of law to the contrary, the
sum of $108,750 shall be for the East Haven School to equal 25 percent of
construction aid for the state’s total share of costs incurred for a classroom
addition.
(8) Eighth, notwithstanding any provision of law to the contrary,
including subdivision 3448(a)(5) of Title 16 requiring approval of a final
application by the state board of education as a precondition to receipt of
school construction aid, the sum of $19,563.15 is appropriated to the
department of education for the Lowell Town School District to equal 25
percent of construction aid for the state’s total share of costs incurred in
connection with a roof project at the Lowell School.
(Total appropriation – Section 7 $10,132,000)
Sec. 8. UNIVERSITY OF VERMONT
The sum of $1,800,000 is appropriated to the University of Vermont to
assist with construction of the plant sciences building and with major facility
maintenance to the university campus. The university shall file with the
general assembly an annual report, on or before January 15, that details the
status of capital projects funded in whole or in part by state capital
appropriations.
(Total appropriation – Section 8 $1,800,000)
Sec. 9. VERMONT STATE COLLEGES
The sum of $1,800,000 is appropriated to the Vermont state colleges for
major facility maintenance. The state colleges shall file with the general
assembly an annual report, on or before January 15, that details the status of
capital projects funded in whole or in part by state capital appropriations.
(Total appropriation – Section 9 $1,800,000)
Sec. 10. NATURAL RESOURCES
(a) The sum of $5,800,000 is appropriated to the agency of natural
resources for water pollution grants and the state match for the pollution
control and public drinking water supply program state revolving fund loans,
THURSDAY, MAY 4, 2006 1287
all in accordance with chapter 55 of Title 10 and chapter 120 of Title 24 for
projects on a list prepared by the agency of natural resources, dated May 20,
2003 entitled “Wastewater Project Phase-In List from the Capital Bill
Conference Committee 2003 Legislative Session” and referenced in Sec. 55 of
No. 63 of the Acts of 2003; of the appropriation made in this subsection, the
sum of up to $140,000 shall be paid to the Town of Pownal for anticipated
short-term financing interest costs in fiscal year 2007 in connection with the
Pownal wastewater system project; of the appropriation made in this
subsection, the sum of $800,000 shall be for the ongoing pollution control
project in Pownal, provided, however, that if the project is awarded a State and
Tribal Assistance Grant (“STAG”) from the United States Environmental
Protection Agency as part of the federal FY07 budget process, then this sum of
$800,000 shall be used by the agency of natural resources for other projects on
the May 20, 2003 list.
(b)(1) The sum of $2,870,000 is appropriated to the agency of natural
resources for the clean and clear program to accelerate the reduction of
phosphorus discharges into Lake Champlain and other waters of the state, as
follows:
(A) Stream stabilization grants: (1,250,000)
(B) Wetlands restoration and protection: (250,000)
(C) Stormwater assistance to municipalities: (120,000)
(D) Hardwick phosphorus removal: (750,000)
(E) Waterbury phosphorus removal: (500,000)
(2) The sum of $120,000 appropriated in subdivision (1)(C) of this
subsection shall be transferred to the state treasurer for deposit in the local
community implementation fund created in 10 V.S.A. § 1264c, for the
administrative and management needs of municipalities in developing total
maximum daily load plans and water quality remediation plans for
stormwater-impaired waters of the state.
(c) The sum of $100,000 is appropriated to the agency of natural resources
for beaver dam removal and dredging of the Dog River in Roxbury and for an
assessment, to be presented to the senate and house committees on institutions
on or before January 15, 2007, of any additional measures recommended to
provide for long-term flood mitigation.
(d) The sum of $100,000 is appropriated to the agency of natural resources
for maintenance and repair of state-owned dams.
1288 JOURNAL OF THE SENATE
(e) The sum of $250,000 is appropriated to the agency of natural resources
for the department of forests, parks and recreation for rehabilitation of aging
state park infrastructure.
(f) The sum of $100,000 is appropriated to the agency of natural resources
for the Green Mountain Club, Inc. for the procurement, in fee simple or by
easement, of properties along the Long Trail.
(g) The sum of $50,000 is appropriated to the agency of natural resources
for the Lake Champlain Walleye Association, Inc. to upgrade and repair
walleye rearing, restoration, and stocking infrastructure.
(h) The sum of $50,000 is appropriated to the agency of natural resources
to develop or improve fishing access points throughout the state.
(i) The sum of $115,000 is appropriated to the agency of natural resources
for the department of fish and wildlife to replace roofs at the Buck Lake
conservation camp and the Roxbury hatchery; provided that the construction
shall be directed by the department of buildings and general services.
(j) The sum of $150,000 is appropriated to the agency of natural resources
for the department of fish and wildlife as the final capital appropriation to
complete construction of a dining hall and education center at the Kehoe
conservation camp in Castleton; provided that if the fiscal year 2007
Appropriations Act does not appropriate a sum from the general fund for this
purpose in an amount equal to or greater than $350,000, then the $150,000
appropriated in this subsection is instead appropriated to the agency of natural
resources for the department of forests, parks and recreation for rehabilitation
of aging state park infrastructure.
(k) The sum of $293,000 is appropriated to the agency of natural resources
to purchase mechanical harvesting equipment that shall be leased to nonprofit
organizations to control the growth of invasive aquatic plants in Lake
Champlain.
(Total appropriation – Section 10 $9,878,000)
Sec. 11. MILITARY
(a) The following sums are appropriated to the department of the military
for Camp Johnson for:
(1) New construction: 90,000
(2) Major maintenance to make life safety improvements: 30,000
(b) The sum of $60,000 is appropriated to the department of the military to
address accessibility concerns at up to three armories.
THURSDAY, MAY 4, 2006 1289
(c) The sum of $10,000 is appropriated to the department of the military for
the identification of civil war-related sites in Vermont in connection with the
nationwide activities commencing in 2010 to recognize the 150th anniversary
of the war.
(Total appropriation – Section 11 $190,000)
Sec. 12. PUBLIC SAFETY
(a) The sum of $2,900,000 is appropriated to the department of buildings
and general services for the department of public safety to finalize construction
and fit-up of a new Franklin County state police station in St. Albans.
(b) The sum of $100,000 is appropriated to the department of buildings and
general services for the department of public safety to complete construction of
the new Addison County state police station in New Haven.
(c) The sum of $80,000 is appropriated to the department of buildings and
general services for the department of public safety for planning and
preliminary engineering of a new emergency operations center; provided that
the planning shall include consideration of potential sites throughout the state.
(d) The sum of $5,000 is appropriated to the department of buildings and
general services for the department of public safety for the joint
implementation by the two departments of a pilot project to create a public
safety “outpost” at the southbound rest area in Williston and, to the extent
funds remain, at the northbound rest area in Guilford. On or before January
15, 2007, the departments shall report to the senate and house committees on
institutions concerning implementation of the pilot project and
recommendations for the future.
(e) The sum of $25,000 is appropriated to the department of buildings and
general services for the departments of public safety and of motor vehicles to
renovate a corner office currently used by the department of motor vehicles in
the Caledonia County state police station in St. Johnsbury so that it can also be
used by the state police and by the community for public safety purposes and
to make other related improvements and renovations.
(Total appropriation – Section 12 $3,110,000)
Sec. 13. CRIMINAL JUSTICE AND FIRE SERVICE TRAINING
COUNCILS
(a) The sum of $50,000 is appropriated to the department of buildings and
general services to replace the cafeteria cooler/freezer at the Vermont criminal
justice training council in Pittsford.
1290 JOURNAL OF THE SENATE
(b) The sum of $30,000 is appropriated to the department of buildings and
general services to construct a new wood storage building to replace two
storage trailers at the Vermont criminal justice training council in Pittsford.
(c) The sum of $325,000 is appropriated to the department of buildings and
general services to provide bathroom, shower, and laundry facilities for staff
and trainees at the Vermont fire service training council in Pittsford.
(Total appropriation – Section 13 405,000)
Sec. 14. AGRICULTURE, FOOD AND MARKETS
(a) The sum of $1,650,000 is appropriated to the agency of agriculture,
food and markets, best management practice implementation cost share
program, for agricultural nonpoint source pollution reduction. Farmers
participating in this program may receive a maximum of 80 percent of state aid
when no federal dollars are available. The agency is authorized to expend an
additional $150,000 for these purposes from funds available pursuant to Sec.
57 of this act.
(b) The sum of $180,000 is appropriated to the agency of agriculture, food
and markets for the competitive grants program for agricultural fair capital
projects. No single entity shall be awarded more than ten percent of this
appropriation.
(Total appropriation – Section 14 1,830,000)
Sec. 15. VERMONT RURAL FIRE PROTECTION
The sum of $100,000 is appropriated to the department of buildings and
general services for the Vermont rural fire protection task force to continue the
dry hydrant program.
(Total appropriation – Section 15 $100,000)
Sec. 16. BUILDING COMMUNITIES GRANTS
(a) The following sums are appropriated to the agency of commerce and
community development, division for historic preservation, for:
(1) The historic preservation grant program: (150,000)
(2) The historic barns preservation grant program: (150,000)
(b) The sum of $200,000 is appropriated to the agency of commerce and
community development, division for historic preservation, for the cultural
facilities competitive grant program, to be administered by the Vermont Arts
Council and made available on a one-for-one matching basis with funds raised
from nonstate sources; no such grant shall be available for a project receiving
funding from any other appropriation of this act. No portion of this
THURSDAY, MAY 4, 2006 1291
appropriation shall be used to pay salaries. The appropriation shall be awarded
on a competitive basis. In recommending grant awards, a review panel shall
give priority consideration to applicants who demonstrate greater financial
need or are in underserved areas of the state.
(c) The sum of $200,000 is appropriated to the department of buildings and
general services for the recreational and educational facilities grant program.
(d) The sum of $200,000 is appropriated to the agency of commerce and
community development for the broadband development grant program.
(e) The sum of $200,000 is appropriated to the department of buildings and
general services for the human service grant program.
(f) On or before July 1, 2007, the secretary of commerce and community
development, the executive director of the Vermont arts council, and the
commissioner of buildings and general services shall implement for the annual
grant cycles beginning in fiscal year 2008 for the grant programs awarded
appropriations in subdivision (a)(1) and subsections (b), (c), and (e) of this
section:
(1) Similar application forms;
(2) A common application deadline; and
(3) Protocols to prevent projects from receiving grants from more than
one capital bill-funded grant program in the same fiscal year.
(Total appropriation – Section 16 $1,100,000)
Sec. 17. VERMONT PUBLIC TELEVISION
(a) The sum of $520,000 is appropriated to the department of buildings and
general services for Vermont Public Television for continued work on the
federally mandated conversion of Vermont Public Television’s transmission
sites to digital broadcasting format.
(b) The sum of $303,577 is appropriated to the department of buildings and
general services for Vermont Public Television for its share of the costs of a
state-mandated collocation project on Mount Mansfield.
(Total appropriation – Section 17 $823,577)
Sec. 18. VERMONT INTERACTIVE TELEVISION
(a) The sum of $172,000 is appropriated to the department of buildings and
general services for Vermont Interactive Television for multipoint control unit,
codec, and router upgrades.
1292 JOURNAL OF THE SENATE
(b) The sum of $120,000 is appropriated to the department of buildings and
general services for fit up of space at the department of labor building in
Montpelier for Vermont Interactive Television.
(Total appropriation – Section 18 $292,000)
* * * Financing this Act * * *
Sec. 19. REALLOCATION OF FUNDS
(a) Of the amount appropriated in Sec. 8(a)(6) of No. 62 of the Acts of
1997 (distance learning), the sum of $3,368 is reallocated to the department of
buildings and general services to defray expenditures authorized in Sec. 1
(buildings and general services) of this act.
(b) Of the amount appropriated in Sec. 18(a) of No. 62 of the Acts of 1997
(natural resources), the sum of $821 is reallocated to the department of
buildings and general services to defray expenditures authorized in Sec. 1
(buildings and general services) of this act.
(c) Of the amount appropriated by Sec. 8(b) of No. 148 of the Acts of the
1997 Adj. Sess. (1998) (technical centers), the sum of $10,000 is reallocated to
the department of buildings and general services to defray expenditures
authorized in Sec. 1 (buildings and general services) of this act.
(d) Of the amount received from the sale of state-owned land in
Montpelier, authorized by Sec. 31 of No. 148 of the Acts of the 1997 Adj.
Sess. (1998), the sum of $8,800 is reallocated to the department of buildings
and general services to defray expenditures authorized in Sec. 1 (buildings and
general services) of this act.
(e) Of the amount received from the sale of state-owned land in St. Albans,
authorized by Sec. 2(f) of No. 61 of the Acts of 2001, the sum of $50,000 is
reallocated to the department of buildings and general services to defray
expenditures authorized in Sec. 1 (buildings and general services) of this act.
(f) Of the amount received from the sale of state-owned land in Montpelier
authorized by Sec. 33 of No. 149 of the Acts of the 2001 Adj. Sess. (2002), the
sum of $100 is reallocated to the department of buildings and general services
to defray expenditures authorized in Sec. 1 (buildings and general services) of
this act.
(g) Of the amount appropriated in Sec. 12 of No. 149 of the Acts of the
2001 Adj. Sess. (2002) (criminal justice and fire service training councils), the
sum of $58,641.31 is reallocated to the department of buildings and general
services to defray expenditures authorized in Sec. 1 (buildings and general
services) of this act.
THURSDAY, MAY 4, 2006 1293
(h) Of the amount appropriated in Sec. 5(b) of No. 63 of the Acts of 2003
(technical centers), the sum of $120,897.26 is reallocated to the department of
buildings and general services to defray expenditures authorized in Sec. 1
(buildings and general services) of this act.
(i) Of the amount appropriated in Sec. 13(b) of No. 63 of the Acts of 2003
(fire service training council), the sum of $19,444.72 is reallocated to the
department of buildings and general services to defray expenditures authorized
in Sec. 1 (buildings and general services) of this act.
(j) Of the amount appropriated in Sec. 14b of No. 121 of the Acts of the
2003 Adj. Sess. (2004) (fire service training council), the sum of $35,919.87 is
reallocated to the department of buildings and general services to defray
expenditures authorized in Sec. 1 (buildings and general services) of this act.
(k) Of the amount appropriated in Sec. 20 of No. 43 of the Acts of 2005
(Vermont veterans’ memorial cemetery), the sum of $200,000 is reallocated to
the department of buildings and general services to defray expenditures
authorized in Sec. 1 (buildings and general services) of this act.
(l) Of the amount appropriated in Sec. 14(b) of No. 43 of the Acts of 2005
(agriculture – match for federal conservation reserve enhancement program),
the sum of $300,000 is reallocated to the agency of agriculture, food and
markets to defray expenditures authorized in Sec. 14(a) (agricultural nonpoint
source pollution reduction) of this act.
(m) Of the amount in account #5100890501 (capital construction aid), the
sum of $932,000 shall be reallocated to defray expenditures authorized in Sec.
7(a) (K-12 school construction) and (c) (technical center construction) of this
act as follows: $432,000 to the department of education and $500,000 to the
department of buildings and general services.
(n) Of the amount received from the sale of a state-owned parcel of
approximately 6.1 acres at the Marble Works Complex in Middlebury pursuant
to Sec. 36 of No. 148 of the Acts of the 1999 Adj. Sess. (2000), the sum of
$283,077 is reallocated to the department of buildings and general services to
defray expenditures authorized in Sec. 1 (buildings and general services) of
this act.
(o) Of the amount appropriated by Sec. 5(b)(2) of No. 63 of the Acts of
2003 (Chittenden County Regional Technical Center), the sum of $4,926 is
reallocated to the department of buildings and general services to defray
expenditures authorized in Sec. 1 (buildings and general services) of this act.
(Total reallocation– Section 19 $2,027,995)
1294 JOURNAL OF THE SENATE
Sec. 20. GENERAL OBLIGATION BONDS
The state treasurer is authorized to issue general obligation bonds in the
amount of $45,000,000 for the purpose of funding the appropriations of this
act. The state treasurer, with the approval of the governor, shall determine the
appropriate form and maturity of the bonds authorized by this section
consistent with the underlying nature of the appropriation to be funded. The
state treasurer shall allocate the estimated cost of bond issuance, or issuances,
to the entities to which funds are appropriated pursuant to this section and for
which bonding is required as the source of funds, pursuant to 32 V.S.A. § 954.
(Total bonding – Section 20 $45,000,000)
* * * Managing this Act * * *
Sec. 21. REALLOCATION; TRANSFER OF FUNDS
(a) Historic sites. The commissioner of buildings and general services may
reallocate the funds in Sec. 6(a) of this act (commerce and community
development) to state historic sites other than those presented to the general
assembly during the 2005 legislative session only for major maintenance,
should a more pressing need arise following the legislative session. On or
before January 15, 2007, the commissioner shall report to the chairs and vice
chairs of the senate and house committees on institutions regarding the
reallocations made pursuant to this subsection.
(b) Natural resources. The secretary of natural resources, with the approval
of the secretary of administration, may transfer any unexpended project
balances between projects authorized in Sec. 10 of this act (natural resources).
On or before January 15, 2007, the secretary shall report to the chairs and vice
chairs of the senate and house committees on institutions regarding the
transfers made pursuant to this subsection.
(c) ADA projects. Notwithstanding any provision of law to the contrary,
the commissioner of buildings and general services shall transfer the following
sums to the Center for Crime Victim Services for ADA improvements at
state-supported domestic violence shelters:
(1) The sum of $50,000 appropriated to the department of buildings and
general services for ADA improvements at state-supported domestic violence
shelters in Sec. 1(8) of No. 43 of the Acts of 2005.
(2) The sum of $50,000 appropriated to the department of buildings and
general services for ADA improvements at state-supported domestic violence
shelters in Sec. 1(8)(B) of this act.
THURSDAY, MAY 4, 2006 1295
Sec. 22. ACCEPTANCE OF GRANTS AND OTHER FUNDS
(a) Notwithstanding section 5 of Title 32 (acceptance of grants):
(1) The commissioner of environmental conservation, with the approval
of the secretary of natural resources, may accept federal grants made available
through the federal Clean Water Act and the federal Drinking Water Act in
accordance with chapter 120 of Title 24. Acceptance of this grant money is
hereby approved, provided all notifications are made under subsection 4760(a)
of Title 24.
(2) The commissioner of corrections, with the approval of the secretary
of human services, may accept federal grants made available through federal
crime bill legislation.
(3) The commissioner of buildings and general services may accept
grants of funds, equipment, and services from any source, including federal
appropriations, for the installation, operation, implementation, or maintenance
of energy conservation measures or improvements at state buildings.
(4) The commissioner of buildings and general services may accept
federal grant funds in connection with the state health and forensic
laboratories. These funds may be used to defray or supplement costs in
Sec. 3 of this act.
(b) Each receipt of a grant or gift authorized by this section shall be
reported by the commissioner of the department receiving the funds to the
chairs of the house and senate committees on institutions and to the joint fiscal
committee.
* * * Buildings and General Services; State Buildings * * *
Sec. 23. PROJECTS FUNDED IN PRIOR YEARS
The commissioner of buildings and general services is authorized to use
funds appropriated under this act for capital projects requiring additional
support that were funded with capital or general appropriations made in prior
years. On or before January 15, 2007, the commissioner shall report to the
chairs and vice chairs of the senate and house committees on institutions
regarding funding choices made pursuant to this section.
Sec. 24. ENERGY CONSERVATION IN STATE BUILDINGS
The department of buildings and general services shall develop a plan for
one or more incentive programs to encourage energy conservation in state
buildings. The department shall present the plan or plans to the house and
senate committees on institutions on or before January 15, 2007 together with
proposals for any legislation necessary for implementation.
1296 JOURNAL OF THE SENATE
Sec. 25. PROPERTY TRANSACTIONS; MISCELLANEOUS
(a) The commissioner of buildings and general services is authorized, after
obtaining an appraisal and the approval of the secretary of administration, to
sell the following properties. The sales shall be pursuant to 29 V.S.A. § 166.
After the public auction required by that section, if the highest bid is less than
the appraised value of the property, the commissioner may reject all bids.
Proceeds from the sale, net of sale costs, shall be paid into a capital fund to be
used either for future capital construction projects as authorized by the general
assembly.
(1) Colchester Avenue, Burlington (department of health laboratory);
approximately 1.38 acres.
(2) A noncontiguous parcel of land isolated from the main parcel at the
former Weeks School, east of Comfort Hill Road, Vergennes; approximately
7.42 acres.
(b) The commissioner of buildings and general services is authorized to
exercise the state’s option to purchase real property known as the Hoskison
property to become part of the Calvin Coolidge homestead state historical site
in Plymouth Notch.
(c) The commissioner of buildings and general services shall explore the
financial and other implications of moving the state police field station from
St. George Avenue in Williston to Building #617 in Essex, referenced in Sec.
28 of this act, and shall report the study’s conclusions to the house and senate
committees on institutions on or before January 15, 2007.
(d) The commissioner of buildings and general services is authorized to
move the E-911 center from St. George Avenue in Williston to Building #617
in Essex.
Sec. 26. PROPERTY TRANSACTIONS; BRANDON
Notwithstanding any provision of Sec. 1(b) of No. 59 of the Acts of 1993,
of Sec. 23 of No. 62 of the Acts of 1995, or of Sec. 26 of No. 43 of the Acts of
2005 to the contrary, the amount received from the sale of state-owned land in
the town of Brandon, authorized by No. 59 of the Acts of 1993, which is
anticipated to be in the amount of $400,000 more or less after payment of costs
and fees associated with the sale, shall be disbursed to the department of
buildings and general services for major maintenance.
Sec. 27. PROPERTY TRANSACTIONS; THAYER SCHOOL BUILDING
The commissioner of buildings and general services is authorized, with the
approval of the secretary of administration, to sell, renovate, or demolish for
purposes of future development the property or the building at 1193 North
THURSDAY, MAY 4, 2006 1297
Avenue, Burlington referred to as the “Thayer School”; provided, however,
only that portion of the building that does not currently house the department
of motor vehicles may be demolished. If sold, the sale shall be pursuant to
29 V.S.A. § 166 and shall contain as a condition of sale the requirement that
the department of motor vehicles remains on that property. Proceeds from the
sale, net of sale costs, shall be paid into a capital fund to be used for future
capital construction projects as authorized by the general assembly.
Sec. 28. PROPERTY TRANSACTIONS; IBM BUILDING #617
The commissioner of buildings and general services is authorized to
exercise the state’s option to purchase real property located at 30 and 42 Allen
Martin Drive (“Building #617”) in Essex for co-located health and forensic
laboratories and for other state purposes.
Sec. 29. 29 V.S.A. § 902(f) is amended to read:
(f) The commissioner of buildings and general services may also
(1) establish and supervise inventory methods to be used by all
government agencies;
(2) maintain and operate warehouses for supplies and stores; [Deleted.]
(3) maintain and operate the office supply service;
(4) receive, warehouse, manage, and distribute all state property and
commodities except alcoholic beverages purchased for the liquor control
board; and all surplus federal property and commodities;
(5) maintain central inventory of all state property and equipment other
than lands and buildings; and
(6) maintain and operate the state’s fleet management system.
Sec. 30. 29 V.S.A. § 907(b) is amended to read:
(b) The commissioner of buildings and general services may establish a
purchasing card program for the purpose of authorizing all spending units of
the state to use a purchasing card as an alternative payment method for official
state purchases. The commissioner may contract with one or more financial
institutions, card-issuing banks, credit card companies, charge card companies,
debit card companies, or third-party merchant banks to provide state
purchasing cards. The commissioner may accept receipts from the purchasing
card program. The commissioner is authorized to establish policies for
participation in the program and use of the purchasing card.
1298 JOURNAL OF THE SENATE
Sec. 31. 29 V.S.A. § 821(a)(2) is amended to read:
(2) “Vermont Fire and Police Training Academy” “Robert H. Wood, Jr.
Criminal Justice and Fire Service Training Center of Vermont” shall be the
name of the buildings and grounds now known as the “Vermont Police
Academy and Fire Service Training Facility” “Vermont Fire and Police
Training Academy” in Pittsford.
Sec. 32. THE ROBERT H. WOOD, JR. CRIMINAL JUSTICE AND FIRE
SERVICE TRAINING CENTER OF VERMONT
On or before November 1, 2006 and in consultation with the family of
former Representative Robert H. Wood, Jr., the department of buildings and
general services shall erect a sign and conduct a dedication ceremony
consistent with the provisions of Sec. 31 of this act.
Sec. 33. STATE HOUSE PLANS
The department of buildings and general services shall expend capital funds
previously appropriated for the expansion of the Vermont state house to
complete final design work on the conceptual plan dated January 13, 2006,
prepared by the department and presented on that date to the committee
established in Sec. 28 of No. 43 of the Acts of 2005; provided that:
(1) The design shall add one additional story above the space currently
occupied by the cafeteria and shall not extend beyond the northern footprint of
the building.
(2) The kitchen and cafeteria shall remain on its current floor and the
additional story shall be used for committee rooms and other meeting spaces.
(3) The architect shall evaluate the existing cafeteria and food service
area and shall make recommendations to enhance seating, public access, food
service delivery, and meeting space, to include expansion if necessary.
(4) The design shall include renovations to the existing first floor
legislative council area to address life safety issues.
Sec. 34. 29 V.S.A. § 152(a)(27) is amended to read:
(a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall have the authority to:
***
(27) After consulting with the state treasurer to determine the effect of
the contract on the state's debt and reviewing the creditworthiness of the
company with which the state proposes to contract, and with the approval of
the emergency board, enter into multiyear contracts with energy service
companies or third-party leasing companies for energy efficiency and fuel
THURSDAY, MAY 4, 2006 1299
switching improvements to state facilities, the cost of which will be recovered
through the avoided fuel, utility, operating, and maintenance costs resulting
from the improvements. Improvements must within 20 years achieve savings
sufficient to cover their costs. The commissioner shall report annually to the
house and senate committees on institutions regarding the status of contracts
undertaken under this subsection.
* * * Secretary of State * * *
Sec. 35. ELECTRONIC RECORDS
The electronic version of all documents created by the Town of Colchester
as it converts from paper to electronic format shall be exempt from the
definition of “public record” or “public document” under 1 V.S.A. § 317(b);
provided that the town shall retain the paper documents from which the
electronic documents are created and further provided that those paper
documents shall be subject to public disclosure as appropriate under
subchapter 3 of chapter 5 of Title 1.
Sec. 36. SUNSET
Sec. 35 of this act shall expire on July 1, 2007.
* * * Judiciary * * *
Sec. 37. COUNTY COURTHOUSES; ALLOCATION OF CAPITAL COSTS
(a) A committee to consist of the members listed in subsection (b) of this
section is created to consider the relative obligations of the state and the
counties in connection with capital expenditures at those county courthouses
that also serve a state function. On or before January 15, 2007, the committee
shall report and make recommendations to the senate and house committees on
institutions regarding this charge.
(b) The committee shall consist of:
(1) Two assistant judges to be chosen by the Vermont Association of
County Judges who represent one county with a high population and one with
a relatively low population.
(2) One county clerk to be chosen by the Vermont County Clerks
Association.
(3) One district or family court clerk to be chosen by the court
administrator.
(4) The court administrator or the administrator’s designee.
1300 JOURNAL OF THE SENATE
(5) One district or superior court judge to be chosen by the
administrative judge for trial courts.
(6) The commissioner of buildings and general services or the
commissioner’s designee, who shall serve as chair of the committee.
(7) A representative from the Vermont Town and City Management
Association.
(c) The commissioner of buildings and general services shall convene the
first meeting of the committee which shall occur on or before July 1, 2006.
The committee shall meet no more than three times. The professional services
of the joint fiscal office and the legislative council shall be available to the
committee.
Sec. 38. ORANGE COUNTY; BORROWING AUTHORIZED: ASSISTANT
JUDGES
(a) Notwithstanding any provisions of 24 V.S.A. § 82 to the contrary and
subject to the condition set forth in subsection (c) of this section, the assistant
judges of Orange County may borrow a sum necessary to purchase a parcel of
real property adjacent to the Orange County courthouse in the Town of
Chelsea. Notes or other evidence of that indebtedness, payable in not more
than five years from the date of execution, may be issued by the county
treasurer on behalf of the County of Orange. All such notes or evidence of
indebtedness shall contain on their face a statement of purpose for which they
are issued and of the authority conferred by this section and shall be evidence
of the county’s liability to the holder of the instrument. The form,
denominations, maturities, interest rates, and other terms, conditions, and
details of the instrument shall be determined by resolution of the assistant
judges of Orange County. Notes or other evidence of indebtedness issued
under this section shall be paid by issuance of a bond approved pursuant to
24 V.S.A. § 24.
(b) The authority to borrow conferred by subsection (a) of this section shall
terminate on January 1, 2007. Any funds borrowed or notes or other forms of
indebtedness issued prior to that date shall be subject to the terms of this
section until repaid.
(c) Prior to entering into any agreement to borrow funds as authorized in
this section, the assistant judges of Orange County shall hold one or more
public hearings to provide information about and receive public comment on
the proposed land purchase.
THURSDAY, MAY 4, 2006 1301
Sec. 39. WASHINGTON DISTRICT AND FAMILY COURTS
The department of buildings and general services and the office of the court
administrator shall jointly prepare a proposal for necessary security
renovations to the foyer of the Washington district and family courthouse in
Barre and shall present the proposal, together with preliminary financial
estimates, to the house and senate committees on institutions on or before
January 15, 2007.
* * * Education * * *
Sec. 40. Sec. 6(a) of No. 43 of the Acts of 2005 is amended to read:
Sec. 6. EDUCATION
(a) The sum of $9,300,000 $13,563,000 shall be expended by the
department of education for state aid for school construction projects pursuant
to section 3448 of Title 16, of which amount the sum of $5,300,000 shall be
appropriated from capital funds in this act and the sum of $4,000,000
$8,263,000 shall be from general funds appropriated by Sec. 255(b) of in No.
71 of the Acts of 2005 (the Fiscal Year 2006 Appropriations Act); provided
that, notwithstanding any provision of section 3448 of Title 16 or state board
of education rule to the contrary:
***
Sec. 41. 16 V.S.A. § 3448(a)(7)(B) is amended to read:
(B) The amount of an award for the incremental costs associated with
the installation of a space heating, water heating, cooling, or refrigeration
system that uses biomass, a geothermal/ground source, wind, or solar energy as
the primary heating or cooling source shall be 90 75 percent of the approved
cost of the incremental costs of the project, or 40 percent of the approved cost
of a fuel system that would reduce fuel use by 10 percent or more. Only those
costs in excess of the costs for a traditional fossil fuel system shall be eligible
for the award, and those elements of the project specifically related to the
renewable fuel source being used; provided that those elements may include
the costs of additional square footage, necessary equipment, an additional a
chimney, and air quality technology, and additional square footage necessary
to house the heating unit and fuel; and further provided that those elements
shall not include the costs of staff areas, site improvements relating to fuel
delivery, and other ancillary costs as determined by the commissioner.
1302 JOURNAL OF THE SENATE
Sec. 42. 16 V.S.A. § 3448(a)(3)(A) is amended to read:
(A) First priority is given to emergency projects in excess of
$50,000.00 $100,000.00 which address threats to the safety and health of
students or employees created by unanticipated circumstances or events.
Sec. 43. 16 V.S.A. § 3448(d) is amended to read:
(d) Emergency aid. Notwithstanding any other provision of this section,
the commissioner may grant aid pursuant to subdivision (a)(7) of this section
for a project the commissioner deems to be an emergency, up to a maximum
total project cost of $50,000.00 $100,000.00.
Sec. 44. 24 V.S.A. § 1758(b)(3) is added to read:
(3) The warning and ballot shall contain the following set forth in
bold-faced type:
State funds may not be available at the time this project is otherwise
eligible to receive state school construction aid. The district is responsible for
all costs incurred in connection with any borrowing done in anticipation of
state school construction aid.
Sec. 45. SCHOOL CONSTRUCTION AID; ACKNOWLEDGEMENT
REQUIRED
As part of the application process for state aid for capital construction costs
under chapter 123 of Title 16, the state board of education shall require that
each applicant submit with its application a signed form acknowledging that
the state is not obligated to pay its share of the approved costs of construction
until state funds are available, that state funding may not be available at the
time that the project would otherwise be eligible for payment, and that the
applicant is solely responsible for the costs associated with any borrowing
done in anticipation of state aid.
Sec. 46. Sec. 63 of No. 149 of the Acts of the 2001 Adj. Sess. (2002) as
amended by Sec. 53 of No. 121 of the 2003 Adj. Sess. (2004) is further
amended to read:
Sec. 63. TRANSITIONAL PROVISIONS; CONSTRUCTION AID FOR
TECHNICAL CENTERS
(a) Notwithstanding any provision of law to the contrary, the amount of an
award for the construction or purchase of a new technical center building or
additions or alterations to an existing technical center building for the
following projects shall be 100 percent of the approved cost of the project:
***
THURSDAY, MAY 4, 2006 1303
(2) Any portion of the combined technical center project dedicated
specifically to the provision of state-approved technical education
programming in Chittenden County, provided nothing in this section shall
apply to any noncombined project providing technical education in Chittenden
County that is not located solely on one regional campus and does not receive
regional voter approval on or before April 1, 2007.
***
Sec. 47. SCHOOL CONSTRUCTION STANDARDS
(a) A school construction standards committee is created and consists of
the members listed in subsection (b) of this section. The committee shall
develop a comprehensive proposal to incorporate high performance school
design and construction standards into Vermont school construction projects
that address indoor environmental quality, energy efficiency, use of renewable
energy, water efficiency, building materials selection, building siting,
construction practices, and ongoing building operations and maintenance.
(b) The school construction standards committee shall consist of:
(1) The commissioner of education or the commissioner’s designee,
who shall serve as chair of the committee.
(2) The commissioner of public service or the commissioner’s designee.
(3) The commissioner of buildings and general services or the
commissioner’s designee.
(4) A representative of the Vermont Chapter of the American Institute of
Architects.
(5) A representative of the Vermont Energy Investment Corporation.
(6) The executive director of the Vermont superintendents association or
the executive director’s designee.
(c) The commissioner of education shall convene the initial meeting of the
committee no later than July 15, 2006.
(d) On or before January 15, 2007, the committee shall report to the
members of the house and senate committees on institutions regarding its
recommendations under this section, which shall include a detailed financial
analysis.
(e) The professional services of the joint fiscal office and the legislative
council shall be available to the committee.
1304 JOURNAL OF THE SENATE
Sec. 48. 16 V.S.A. § 3448e(d) is amended to read:
(d) Involvement of the department of buildings and general services. The
department of buildings and general services, in its discretion, shall be
responsible for carrying out available to consult with and share its expertise
with the school district regarding the design and construction of any new
technical education facility or any alterations to existing technical education
facilities, and for the analysis and approval of any lease or lease-purchase
proposal. All state construction aid for these projects shall be appropriated to
the department of buildings and general services for this purpose. Such funds
may be used to hire temporary or contract staff to assist with these
responsibilities.
Sec. 49. 29 V.S.A. § 152(a)(26) is amended to read:
§ 152. DUTIES OF COMMISSIONER
(a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall have the authority to:
***
(26) In his or her discretion, be responsible for Be available to consult
with and share the department’s expertise with school districts regarding the
design, construction, or purchase of any new buildings or alterations of
existing buildings in connection with any technical center receiving funding
under Title 16. All state construction aid for these projects shall be
appropriated to the department of buildings and general services for this
purpose. Such funds may be used to hire temporary or contract staff to assist
with these responsibilities. The commissioner, in collaboration with the
commissioner of education, shall periodically update the standards developed
pursuant to Sec. 44 of No. 148 of the Acts of the 1999 Adj. Sess. (2000), and
shall report the updated standards to the house and senate committees on
institutions on or before January 15 of the next occurring legislative session.
Sec. 50. Sec. 63 of No. 149 of the Acts of the 2001 Adj. Sess. (2002) as
amended by Sec. 53 of No. 121 of the 2003 Adj. Sess. (2004) is further
amended to read:
Sec. 63. TRANSITIONAL PROVISIONS; CONSTRUCTION AID
FORTECHNICAL CENTERS
***
(c) Notwithstanding any other provision of law, no disbursement of state
aid shall be made pursuant to this section until the department of buildings and
general services shall be responsible for all approves the design, construction,
or and purchase of any new buildings or alterations of existing buildings
THURSDAY, MAY 4, 2006 1305
together with all associated expenditures. All state construction aid for these
projects shall be appropriated to the department of buildings and general
services for this purpose. Such funds may be used to hire temporary or
contract staff to assist with these responsibilities.
* * * State Colleges * * *
Sec. 51. SPENDING AND BONDING AUTHORIZATION; VERMONT
STATE COLLEGES
(a) In conformity with subsection 2171(e) of Title 16, the general assembly
approves the expenditure by the Vermont State Colleges from its revenues,
other than state appropriations, and from its self-generated revenues
established for the purpose of capital improvements on housing, dining, and
general purpose facilities, to an aggregate of $1,509,000 for necessary capital
improvements.
(b) The chancellor of the Vermont State Colleges may accept and expend
for capital purposes federal grants awarded in connection with the Castleton
State College math and science center.
* * * Natural Resources * * *
Sec. 52. AWARD UNDER WATER POLLUTION ABATEMENT
PROGRAM TO PREVENT CREATION OF PUBLIC HEALTH HAZARDS
Notwithstanding any provision of 10 V.S.A. § 1625 to the contrary, the
water pollution abatement project currently proposed by the Town of
Waitsfield shall be placed on the prioritized list of projects eligible to receive
grants under section 1625. The portions of the project eligible to receive grant
funding will be those determined by the department of environmental
conservation as necessary to prevent a public health hazard arising from the
existence of wastewater systems within the municipality that fail to meet
current isolation distances to drinking water supplies.
Sec. 53. ACTION REGARDING STATE LAND
Pursuant to 10 V.S.A. § 2603(b), the commissioner of forests, parks and
recreation is authorized to convey a permanent easement to the Town of
Alburgh Fire District across a portion of state-owned lands within Alburg
Dunes State Park to accommodate a buried water line.
Sec. 54. SEYON RANCH; GROTON
The agency of natural resources shall not enter into a contract with a private
entity for operation of the Seyon Ranch in Groton unless it has conducted at
least one public hearing in the Town of Groton on the proposed contractual
relationship.
1306 JOURNAL OF THE SENATE
* * * Clean and Clear; Agriculture, Food and Markets * * *
Sec. 55. 6 V.S.A. chapter 215, subchapter 6 is added to read:
Subchapter 6. Vermont Agricultural Buffer Program
§ 4900. VERMONT AGRICULTURAL BUFFER PROGRAM
(a) The secretary of agriculture, food and markets is authorized to develop
a Vermont agricultural buffer program in addition to the federal conservation
reserve enhancement program in order to compensate farmers for establishing
and maintaining harvestable perennial vegetative buffers on annual cropland
adjacent to the surface waters of the state.
(b) The establishment and annual incentive payments from the agency of
agriculture, food and markets under the Vermont agricultural buffer program
shall not exceed 40 percent of the combined federal and state payment that the
relevant cropland would be eligible for under the federal conservation reserve
enhancement program. The incentive payment shall be made annually at the
end of the cropping season for a nonrenewable five-year period.
(c) The secretary of agriculture, food and markets may establish by
procedure financial and technical criteria for the implementation and operation
of the Vermont agricultural buffer program.
(d) Land enrolled in the Vermont agricultural buffer program shall be
considered to be in “active use” as that term is defined in 32 V.S.A.
§ 3752(15).
(e) As used in this section, “surface waters” means all rivers, streams,
creeks, brooks, reservoirs, ponds, lakes, and springs which are contained
within, flow through, or border upon the state or any portion of it.
Sec. 56. SUNSET
Sec. 55 of this act (Vermont agricultural buffer program) shall expire on
June 30, 2011.
Sec. 57. AGENCY OF AGRICULTURE, FOOD AND MARKETS
Notwithstanding any provision of law to the contrary or any administrative
agreement entered into pursuant to that law:
(1) Up to $185,000 of the debt forgiveness negotiated by the state
treasurer under Sec. 282 of No. 122 of the Acts of the 2003 Adj. Sess. (2004)
shall be paid by the Vermont economic development authority as grants to
eligible and qualified recipients under the Vermont agricultural buffer program
established under 6 V.S.A. § 4900 and the federal conservation reserve
enhancement program as directed by the agency of agriculture, food and
markets; and
THURSDAY, MAY 4, 2006 1307
(2) Up to $150,000 of the debt forgiveness negotiated by the state
treasurer under Sec. 282 of No. 122 of the Acts of the 2003 Adj. Sess. (2004)
shall be paid by the Vermont economic development authority as grants to
eligible and qualified recipients under the best management practice
implementation cost share program as directed by the agency of agriculture,
food and markets.
Sec. 58. VERMONT PRODUCTS; STATE HOUSE CAFETERIA
The sergeant at arms, in consultation with the agency of agriculture, food
and markets and the department of buildings and general services, shall work
with the organization providing food service at the state house cafeteria to
encourage the use, sale, and visibility of ingredients and food products that are
grown or produced in Vermont.
* * * Corrections * * *
Sec. 59. 28 V.S.A. § 817 is added to read:
§ 817. CREATION OF WORK CAMPS; INTENT
It is the intent of the general assembly that the creation of one or more new
work camps in fiscal year 2006 and after will help alleviate overcrowded
conditions in the state’s correctional facilities and permit Vermonters housed
in out-of-state facilities to be brought home to Vermont. The general assembly
specifically does not intend the creation of new work camps to result in an
increase in the total number of Vermont offenders sentenced to incarceration.
Therefore, specific plans and programs developed by the department of
corrections shall restrict placement in new work camps to those offenders who
have been convicted of a nonviolent offense and who have served a portion of
their current sentence within a correctional facility. No court shall impose a
sentence of imprisonment to be served initially or solely within the new
facility.
* * * Vermont Veterans’ Home * * *
Sec. 60. VERMONT VETERANS’ HOME
The general assembly intends to continue its support for the construction of
a new geothermal heating plant at the Vermont Veterans’ Home.
* * * Capital Funding * * *
Sec. 61. CAPITAL OBLIGATIONS; STUDY
(a) The capital obligations of the state exceed available capital funds and
are projected to continue to do so for the foreseeable future. Therefore, there is
created a committee to study and develop options to manage existing and
1308 JOURNAL OF THE SENATE
future state capital obligations in order to stay within the level of funding
approved by the capital debt affordability committee.
(b) The members of the committee shall be:
(1) The state treasurer or the treasurer’s designee.
(2) The secretary of administration or the secretary’s designee who shall
serve as the committee’s chair.
(3) The commissioner of buildings and general services or the
commissioner’s designee.
(4) The secretary of natural resources or the secretary’s designee.
(5) The commissioner of education or the commissioner’s designee.
(6) The commissioner of corrections or the commissioner’s designee.
(7) The commissioner of finance or the commissioner’s designee.
(8) The chief fiscal officer of the legislature or the officer’s designee.
(9) The chief legislative counsel or the counsel’s designee.
(c) The chief fiscal officer of the legislature shall convene the first meeting
of the committee, which shall be no later than July 15, 2006.
(d) On or before January 15, 2007, the committee shall present its
recommendations to the senate and house committees on institutions and to the
joint fiscal committee together with any proposed legislation.
* * * Effective Date * * *
Sec. 62. EFFECTIVE DATE
(a) Except as provided in subsections (b) and (c) of this section, this act
shall take effect on passage.
(b) Sec. 44 (school bond ballot and warning) shall take effect on July 1,
2006.
(c) The amendment to the percentage of state aid provided pursuant to
16 V.S.A. § 3448(a)(7)(B) in Sec. 41 (renewable energy projects) of this act
shall apply to all applicable projects that obtain voter approval on or after
January 1, 2007. All other amendments in Sec. 41 of this act shall apply to all
applicable projects for which the state board of education has not determined
the level of state aid on or before the date this act is signed into law by the
governor.
(d) The sums appropriated and the spending authority authorized by this act
shall be continuing and shall not revert at the end of the fiscal year.
THURSDAY, MAY 4, 2006 1309
PHILIP B. SCOTT
RICHARD T. MAZZA
JOHN F. CAMPBELL
Committee on the part of the Senate
ALICE M. EMMONS
GAIL M. FALLAR
LINDA K. MYERS
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative on a roll call, Yeas
26, Nays 0.
Senator Sears having demanded the yeas and nays, they were taken and are
as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Campbell,
Collins, Condos, Coppenrath, Cummings, Doyle, Dunne, Gander, Giard,
Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, Mullin, Scott,
Sears, Shepard, Snelling, Starr, Welch, White, Wilton.
Those Senators who voted in the negative were: None.
Those Senators absent and not voting were: Bartlett, Flanagan, Leddy,
Miller.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Bills Messaged
On motion of Senator Welch, the rules were suspended, and the following
bills were ordered messaged to the House forthwith:
S. 58; S. 267; H. 480.
Rules Suspended; Bills Passed in Concurrence; Bills Messaged
H. 310.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to employee ownership of businesses.
Was placed on all remaining stages of its passage in concurrence forthwith.
1310 JOURNAL OF THE SENATE
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 879.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to universal telecommunications service.
Was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 885.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to amending the charter of the town of St. Johnsbury.
Was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 886.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to the merger of the town of Williamstown and the
Williamstown fire district.
Was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 892.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to amending the charter of the town of Windsor.
THURSDAY, MAY 4, 2006 1311
Was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Bills Passed in Concurrence with Proposals of
Amendment; Bills Messaged
H. 28.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to establishing guidelines for the use of outdoor lighting.
Was placed on all remaining stages of its passage in concurrence with
proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with
proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 227.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to safe staffing and quality of patient care.
Was placed on all remaining stages of its passage in concurrence with
proposal of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with
proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
H. 690.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Welch, the rules were suspended and House bill entitled:
An act relating to the identification, documentation, and advancement of
this creative sector of the state’s economy.
Was placed on all remaining stages of its passage in concurrence with
proposal of amendment forthwith.
1312 JOURNAL OF THE SENATE
Thereupon, the bill was read the third time and passed in concurrence with
proposal of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Adjournment
On motion of Senator Welch, the Senate recessed until four o’clock in the
afternoon.
Called to Order
The Senate was called to order by the President.
Message from the House No. 95
A message was received from the House of Representatives by Ms. Wrask,
its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered Senate
proposals of amendment to House bill of the following title:
H. 701. An act relating to unidentified corridors.
And has concurred therein with proposal of amendment in the adoption of
which the concurrence of the Senate is requested.
The House has considered Senate proposals of amendment to House bill of
the following title:
H. 867. An act relating to miscellaneous changes to education law.
And has refused to concur therein and asks for a Committee of Conference
upon the disagreeing votes of the two Houses;
And the Speaker has appointed as members of such Committee on the part
of the House
Rep. Cross of Winooski
Rep. LaVoie of Swanton
Rep. Potter of Clarendon
Message from the House No. 96
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered a bill
originating in the Senate of the following title:
THURSDAY, MAY 4, 2006 1313
S. 150. An act relating to motor vehicles.
And has passed the same in concurrence with proposals of amendment in
the adoption of which the concurrence of the Senate is requested.
Message from the Governor
A message was received from His Excellency, the Governor, by Neale
Lunderville, Secretary of Civil and Military Affairs, as follows:
Mr. President:
I am directed by the Governor to inform the Senate that on the third day of
May, 2006, he approved and signed bills originating in the Senate of the
following titles:
S. 106. An act relating to increasing the beverage container handlers’ fee
and ongoing evaluation of the bottle redemption system.
S. 117. An act relating to state recognition of the Abenaki people.
Committees of Conference Appointed
H. 867.
An act relating to miscellaneous changes to education law.
Was taken up. Pursuant to the request of the House, the President
announced the appointment of
Senator Wilton
Senator Collins
Senator Ayer
as members of the Committee of Conference on the part of the Senate to
consider the disagreeing votes of the two Houses.
H. 880.
An act relating to education finance simplification.
Was taken up. Pursuant to the request of the House, the President
announced the appointment of
Senator Cummings
Senator MacDonald
Senator Gander
as members of the Committee of Conference on the part of the Senate to
consider the disagreeing votes of the two Houses.
1314 JOURNAL OF THE SENATE
Bill Passed in Concurrence with Proposal of Amendment
H. 855.
House bill of the following title was read the third time and passed in
concurrence with proposal of amendment:
An act relating to telecommunications capacity development.
Rules Suspended; House Proposal of Amendment Concurred In
S. 158.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to the disposition of unclaimed property by the state.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill as follows:
First: In Sec. 1, 27 V.S.A. § 1241(2), after “assist” by inserting the words
for compensation
Second: In Sec. 1, 27 V.S.A. § 1248, by striking out subsection (e) in its
entirety and inserting in lieu thereof a new subsection (e) to read as follows:
(e) A holder may deduct from that property a charge imposed by reason of
the owner’s failure to claim the property within a specified time only if there is
a valid and enforceable written contract between the holder and the owner
under which the holder may impose the charge and the holder regularly
imposes the charge, which is not regularly reversed or otherwise cancelled.
The amount of the charge shall be limited to an amount that is not
unconscionable.
Third: In Sec. 1, 27 V.S.A. § 1265, by striking out subsections (b), (c) and
(e) in their entirety and inserting in lieu thereof new subsections (b), (c) and (e)
to read as follows:
(b) An agreement between an owner and an asset locator, the primary
purpose of which is to locate, deliver, recover or assist in the recovery of
property that is presumed abandoned, shall be void and unenforceable if it was
entered into during the period commencing on the date the property was
presumed abandoned and extending to a time that is 24 months after the date
the property is paid or delivered to the treasurer. This subsection shall not
apply to an agreement between an owner and a Vermont licensed attorney to
file a claim as to identified property or contest the treasurer’s denial of a claim.
(c) An agreement between an owner and an asset locator, the primary
purpose of which is to locate, deliver, recover or assist in the recovery of
THURSDAY, MAY 4, 2006 1315
property that is presumed abandoned, shall be enforceable only if the
agreement is in writing in a form acceptable to the treasurer, clearly sets forth
the nature of the property and the services to be rendered, is signed by the
apparent owner, and states the value of the property before and after the fee or
other compensation has been deducted.
(e) An agreement between an owner and an asset locator, the primary
purpose of which is to locate, deliver, recover or assist in the recovery of
property that is presumed abandoned and that provides for compensation that
exceeds 10 percent of the value of the unclaimed property, shall be
unenforceable.
Fourth: In Sec. 1, Title 27, by striking out § 1270 in its entirety and
inserting in lieu thereof a new § 1270 to read as follows:
§ 1270. DECEASED OWNERS; MULTIPLE CLAIMANTS
(a) If the treasurer holds unclaimed property in the name of a deceased
owner, the treasurer may deliver the property as follows:
(1) In the case of an open estate, to the administrator or executor.
(2) In the case of a closed estate and the unclaimed property is valued at
less than $2,500.00, in accordance with the probate court decree of
distribution.
(3) In the absence of an open estate or probate court decree of
distribution, and the unclaimed property is valued at less than $2,500.00 to the
surviving spouse of the deceased owner, or, if there is no surviving spouse,
then to the next of kin according to section 551 of Title 14.
(4) In all other cases where the treasurer holds property in the name of a
deceased owner, a probate estate shall be opened by the claimant, or other
interested party, in order to determine the appropriate distribution of the
unclaimed property. Where an estate is opened solely to distribute unclaimed
property under this section, the probate court may waive any filing fees.
(b) If the treasurer holds unclaimed property valued at $100.00 or less
which more than one person owns, the treasurer may deliver the property as
follows:
(1) If the property has been listed on the treasurer’s website for less than
one year, a proportionate share to each of the persons who owns the property
and who files a claim.
(2) If the property has been listed on the treasurer’s website for a year or
more, to the first person who files a claim and who owns at least a share of the
property.
1316 JOURNAL OF THE SENATE
Fifth: By adding a new section to be numbered Sec. 2a to read as follows:
Sec. 2a. SUNSET; REPORT
(a) 27 V.S.A. § 1270(b) (multiple claimants of unclaimed property valued
at $100.00 or less) shall be repealed on July 1, 2009.
(b) On or before, January 15, 2009, the state treasurer shall file a report
with the House and Senate committees on government operations which
describes the unclaimed property division’s experience with the operation of
27 V.S.A. § 1270(b) and which recommends whether this subsection should be
made permanent or should be repealed.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
Rules Suspended; House Proposal of Amendment Concurred In
S. 127.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to Vermont housing finance agency.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill as follows:
First: By striking out Sec. 7 in its entirety and inserting in lieu thereof two
new sections to be numbered Secs. 7 and 7a to read as follows:
Sec. 7. 10 V.S.A. § 625(1) is amended to read:
(1) The residential housing is primarily for occupancy by persons and
families of low and moderate income , or qualifies for financing with proceeds
of federally tax-exempt obligations, or at least 20 percent of the units are for
occupancy by persons and families of low and moderate income;
Sec. 7a. EFFECTIVE DATE AND SUNSET
In Sec. 7, the words “, or at least 20 percent of the units are for occupancy
by persons and families of low and moderate income” shall take effect upon
passage, and shall be repealed July 1, 2008. The Vermont Housing Finance
Agency shall report by January 15, 2008, to the House Committees on
Commerce, on General, Housing and Military Affairs and on Ways and
Means, and to the Senate Committees on Finance, and on Economic
Development, Housing and General Affairs on the projects financed by VHFA
using the lower requirement of at least 20 percent of qualified housing units.
THURSDAY, MAY 4, 2006 1317
Second: By striking out Sec. 11 (increase in VHFA exclusion from
property transfer tax)
Third: By adding a new section to be numbered Sec. 11 to read as follows:
Sec. 11. VERMONT AFFORDABLE HOUSING DATA
(a) In order to provide a basis for legislative assessment of Vermont’s
affordable housing programs, their goals and effectiveness, the Joint Fiscal
Office and Legislative Council shall catalogue and summarize information
related to affordable housing incentives in current Vermont law, and shall to
the extent possible:
(1) identify the population served by the property transfer tax exemption
for buyers with Vermont Housing Finance Agency mortgages and whether
they are a subset of similarly-situated home buyers in Vermont, and estimate
the cost of expanding the exemption beginning in fiscal year 2008 to the first
$140,000.00 of home value for all similarly-situated buyers regardless of
mortgagee;
(2) identify affordable housing incentives in Vermont law;
(3) identify state and quasi-public entities in Vermont which administer,
allocate or award affordable housing incentives and any discernible overlap in
functions of these entities, and identify any amount of state funding for these
entities in the most recent state budget;
(4) determine the definition of “affordable housing” under the incentives
identified, including the type and price range of the housing supported and the
income level of eligible recipients for the programs;
(5) estimate the annual cost of each incentive, in total, and per unit of
affordable housing supported;
(6) determine to what extent, if any, affordable housing incentives
provide direct support for construction or development of property other than
affordable housing;
(7) identify private-sector sources of support available for affordable
housing and other methods of state assistance for affordable housing which
could be offered.
(b) The Joint Fiscal Office and Legislative Council shall report their
findings by January 15, 2007, to the House Committees on Ways and Means;
General, Housing and Military Affairs; and Commerce; and to the Senate
Committees on Finance; and Economic Development, Housing and General
Affairs.
1318 JOURNAL OF THE SENATE
Fourth: By adding a new section to be numbered Sec. 12 to read as follows:
Sec. 12. Subchapter 13 of Chapter 117 of Title 24 is added to read:
Subchapter 13. Annual Housing Reports
§ 4498. HOUSING BUDGET AND INVESTMENT REPORTS
The commissioner of housing and community affairs shall:
(1) Create a Vermont housing budget designed to assure efficient
expenditure of state funds appropriated for housing development, to encourage
and enhance cooperation among housing organizations, to eliminate overlap
and redundancy in housing development efforts, and to ensure appropriate
geographic distribution of housing funds. The Vermont housing budget shall
include any state funds of $50,000.00 or more awarded or appropriated for
housing. The Vermont housing budget and appropriation recommendations
shall be submitted to the General Assembly annually on or before January 15,
and shall include the amounts and purposes of funds appropriated for or
awarded to the following:
(A) The Vermont Housing and Conservation Trust Fund.
(B) The Agency of Human Services.
(C) The Agency of Commerce and Community Development.
(D) Any other entity that fits the funding criteria.
(2) Annually, develop a Vermont housing investment plan in
consultation with the Vermont housing council. The housing investment plan
shall be consistent with the Vermont consolidated plan for housing, in order to
coordinate the investment of state, federal and other resources, such as state
appropriations, tax credits, rental assistance and mortgage revenue bonds, to
increase the availability and improve the quality of Vermont’s housing stock.
The housing investment plan shall be submitted to the General Assembly,
annually on January 15, and shall:
(A) target investments at single-family housing, mobile homes,
multifamily housing and housing for homeless persons and people with special
needs;
(B) recommend approaches that maximize the use of available state
and federal resources;
(C) identify areas of the state that face the greatest housing shortages;
and
(D) recommend strategies to improve coordination among state, local
and regional offices in order to remedy identified housing shortages.
THURSDAY, MAY 4, 2006 1319
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment? Was decided in the affirmative.
Rules Suspended; House Proposal of Amendment Concurred In
S. 228.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to price gouging for petroleum products.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill as follows:
First: In Sec. 2, 9 V.S.A. § 2461d(b), after the words "market emergency",
by inserting the words or seven days prior thereto
Second: In Sec. 2, 9 V.S.A. § 2461d(c)(1), after the words "amount
charged", by inserting the words during the market emergency or seven days
prior thereto
Third: In Sec. 2, by striking out 9 V.S.A. § 2461d(d) in its entirety
Fourth: In Sec. 2, 9 V.S.A. § 2461e(1), by striking out subdivision (C) and
inserting in lieu thereof new subdivision (C) to read as follows:
(C) (Line of credit, letter of credit, cash) a line of credit from an
FDIC insured institution, letter of credit from an FDIC insured institution, cash
in an FDIC insured account or a functionally equivalent account, or
combination thereof in an amount that represents 100 percent of the cost to the
dealer of the maximum number of gallons that the dealer is committed to
deliver pursuant to all prepaid contracts entered into by the dealer. The cost
shall be calculated at the time the contracts are entered into.
Fifth: In Sec. 2, 9 V.S.A. § 2461e(b)(2), after the two instances of "futures
contracts" in the first instance and by striking out “, surety bonds, or letter of
credit” in the second instance
The Committee further recommends that after passage of the bill the title be
amended to read as follows:
AN ACT RELATING TO PRICE GOUGING OF PETROLEUM
PRODUCTS AND HEATING FUEL PRODUCTS, AND TO
REQUIREMENTS FOR PRE-BUY CONTRACTS.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
1320 JOURNAL OF THE SENATE
Rules Suspended; House Proposal of Amendment Concurred In
S. 284.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to the protection of personal information.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. 9 V.S.A. chapter 62 is added to read:
CHAPTER 62. PROTECTION OF PERSONAL INFORMATION
Subchapter 1. General Provisions
§ 2430. DEFINITIONS
The following definitions shall apply throughout this chapter unless
otherwise required:
(1) “Business” means a sole proprietorship, partnership, corporation,
association, limited liability company, or other group, however organized and
whether or not organized to operate at a profit, including a financial institution
organized, chartered, or holding a license or authorization certificate under the
laws of this state, any other state, the United States, or any other country, or the
parent, affiliate, or subsidiary of a financial institution, but in no case shall it
include the state, a state agency, or any political subdivision of the state.
(2) “Consumer” means an individual residing in this state.
(3) “Data collector” may include, but is not limited to, the state, state
agencies, political subdivisions of the state, public and private universities,
privately and publicly held corporations, limited liability companies, financial
institutions, retail operators, and any other entity that, for any purpose, whether
by automated collection or otherwise, handles, collects, disseminates, or
otherwise deals with nonpublic personal information.
(4) “Encryption” means use of an algorithmic process to transform data
into a form in which the data is rendered unreadable or unusable without
use of a confidential process or key.
(5)(A) “Personal information” means an individual’s first name or first
initial and last name in combination with any one or more of the following data
elements, when either the name or the data elements are not encrypted or
redacted or protected by another method that renders them unreadable or
unusable by unauthorized persons:
THURSDAY, MAY 4, 2006 1321
(i) Social Security number;
(ii) Motor vehicle operator’s license number or nondriver
identification card number;
(iii) Financial account number or credit or debit card number, if
circumstances exist in which the number could be used without additional
identifying information, access codes, or passwords;
(iv) Account passwords or personal identification numbers or
other access codes for a financial account.
(B) “Personal information” does not mean publicly available
information that is lawfully made available to the general public from federal,
state, or local government records.
(6) “Records” means any material on which written, drawn, spoken, visual,
or electromagnetic information is recorded or preserved, regardless of physical
form or characteristics.
(7) “Redaction” means the rendering of data so that it is unreadable or
is truncated so that no more than the last four digits of the identification number
are accessible as part of the data.
(8)(A) “Security breach” means unauthorized acquisition or access of
computerized data that compromises the security, confidentiality, or integrity
of personal information maintained by the data collector.
(B) “Security breach” does not include good faith but unauthorized
acquisition or access of personal information by an employee or agent of the
data collector for a legitimate purpose of the data collector, provided that the
personal information is not used for a purpose unrelated to the data collector’s
business or subject to further unauthorized disclosure.
Subchapter 2. Security Breach Notice Act
§ 2435. NOTICE OF SECURITY BREACHES
(a) This section shall be known as the Security Breach Notice Act.
(b) Notice of breach.
(1) Except as set forth in subsection (d) of this section, any data
collector that owns or licenses computerized personal information that includes
personal information concerning a consumer shall notify the consumer that
there has been a security breach following discovery or notification to the data
collector of the breach. Notice of the breach shall be made in the most
expedient time possible and without unreasonable delay, consistent with the
legitimate needs of the law enforcement agency, as provided in subdivision (3)
1322 JOURNAL OF THE SENATE
of this subsection, or with any measures necessary to determine the scope of
the breach and restore the reasonable integrity, security, and confidentiality of
the data system.
(2) Any data collector that maintains or possesses computerized data
containing personal information of a consumer that the business does not own
or license or any data collector that conducts business in Vermont that
maintains or possesses records or data containing personal information that the
data collector does not own or license shall notify the owner or licensee of the
information of any security breach immediately following discovery of the
breach, consistent with the legitimate needs of law enforcement as provided in
subdivision (3) of this subsection.
(3) The notice required by this subsection shall be delayed upon request
of a law enforcement agency. A law enforcement agency may request the
delay if it believes that notification may impede a law enforcement
investigation, or a national or homeland security investigation or jeopardize
public safety or national or homeland security interests. In the event law
enforcement makes the request in a manner other than in writing, the data
collector shall document such request contemporaneously in writing, including
the name of the law enforcement officer making the request and the officer’s
law enforcement agency engaged in the investigation. A law enforcement
agency shall promptly notify the data collector when the law enforcement
agency no longer believes that notification may impede a law enforcement
investigation, or a national or homeland security investigation or jeopardize
public safety or national or homeland security interests. The data collector
shall provide notice required by this section without unreasonable delay upon
receipt of a written communication, which includes facsimile or electronic
communication, from the law enforcement agency withdrawing its request for
delay.
(4) The notice shall be clear and conspicuous. The notice shall include a
description of the following:
(A) The incident in general terms.
(B) The type of personal information that was subject to the
unauthorized access or acquisition.
(C) The general acts of the business to protect the personal
information from further unauthorized access or acquisition.
(D) A toll-free telephone number that the consumer may call for
further information and assistance.
(E) Advice that directs the consumer to remain vigilant by reviewing
account statements and monitoring free credit reports.
THURSDAY, MAY 4, 2006 1323
(5) For purposes of this subsection, notice to consumers may be
provided by one of the following methods:
(A) Direct notice to consumers, which may be by one of the
following methods:
(i) Written notice mailed to the consumer’s residence;
(ii) Electronic notice, for those consumers for whom the data
collector has a valid e-mail address if:
(I) the data collector does not have contact information set forth
in subdivisions (i) and (iii) of this subdivision (5)(A), the data collector’s
primary method of communication with the consumer is by electronic means,
the electronic notice does not request or contain a hypertext link to a request
that the consumer provide personal information, and the electronic notice
conspicuously warns consumers not to provide personal information in
response to electronic communications regarding security breaches; or
(II) the notice provided is consistent with the provisions
regarding electronic records and signatures for notices as set forth in 15 U.S.C.
§ 7001; or
(iii) Telephonic notice, provided that telephonic contact is made
directly with each affected consumer, and the telephonic contact is not through
a prerecorded message.
(B) Substitute notice, if the data collector demonstrates that the cost
of providing written or telephonic notice, pursuant to subdivision (A)(i) or (iii)
of this subdivision (5), to affected consumers would exceed $5,000.00 or that
the affected class of affected consumers to be provided written or telephonic
notice, pursuant to subdivision (A)(i) or (iii) of this subdivision (5), exceeds
5,000, or the data collector does not have sufficient contact information.
Substitute notice shall consist of all of the following:
(i) conspicuous posting of the notice on the data collector’s
website page if the data collector maintains one; and
(ii) notification to major statewide and regional media.
(c) In the event a data collector provides notice to more than 1,000
consumers at one time pursuant to this section, the data collector shall notify,
without unreasonable delay, all consumer reporting agencies that compile and
maintain files on consumers on a nationwide basis, as defined in 15 U.S.C.
§ 1681a(p), of the timing, distribution, and content of the notice. This
subsection shall not apply to a person who is licensed or registered under Title
1324 JOURNAL OF THE SENATE
8 by the department of banking, insurance, securities, and health care
administration.
(d)(1) Notice of a security breach pursuant to subsection (b) of this section
is not required if the data collector establishes that misuse of personal
information is not reasonably possible and the data collector provides notice of
the determination that the misuse of the personal information is not reasonably
possible pursuant to the requirements of this subsection. If the data collector
establishes that misuse of the personal information is not reasonably possible,
the data collector shall provide notice of its determination that misuse of the
personal information is not reasonably possible and a detailed explanation for
said determination to the Vermont attorney general or to the department of
banking, insurance, securities, and health care administration in the event that
the data collector is a person or entity licensed or registered with the
department under Title 8 or this title. The data collector may designate its
notice and detailed explanation to the Vermont attorney general or the
department of banking, insurance, securities, and health care administration as
“trade secret” if the notice and detailed explanation meet the definition of trade
secret contained in subdivision 317(c)(9) of Title 1.
(2) If a data collector established that misuse of personal information
was not reasonably possible under subdivision (1) of this subsection, and
subsequently obtains facts indicating that misuse of the personal information
has occurred or is occurring, the data collector shall provide notice of the
security breach pursuant to subsection (b) of this section.
(e) Any waiver of the provisions of this subchapter is contrary to public
policy and is void and unenforceable.
(f) A financial institution that is subject to the following guidances, and any
revisions, additions, or substitutions relating to said interagency guidance shall
be exempt from this section:
(1) The Federal Interagency Guidance Response Programs for
Unauthorized Access to Consumer Information and Customer Notice, issued
on March 7, 2005, by the Board of Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation, the Office of the Comptroller of
the Currency, and the Office of Thrift Supervision; or
(2) Final Guidance on Response Programs for Unauthorized Access to
Member Information and Member Notice, issued on April 14, 2005, by the
National Credit Union Administration.
(g) Enforcement.
(1) With respect to all data collectors and other entities subject to this
subchapter, other than a person or entity licensed or registered with the
THURSDAY, MAY 4, 2006 1325
department of banking, insurance, securities, and health care administration
under Title 8 or this title, the attorney general and state’s attorney shall have
sole and full authority to investigate potential violations of this subchapter and
to enforce, prosecute, obtain and impose remedies for a violation of this
subchapter or any rules or regulations made pursuant to this chapter as the
attorney general and state’s attorney have under chapter 63 of this title. The
attorney general may refer the matter to the state’s attorney in an appropriate
case. The superior courts shall have jurisdiction over any enforcement matter
brought by the attorney general or a state’s attorney under this subsection.
(2) With respect to a data collector that is a person or entity licensed or
registered with the department of banking, insurance, securities, and health
care administration under Title 8 or this title, the department of banking,
insurance, securities and health care administration shall have the full authority
to investigate potential violations of this subchapter and to prosecute, obtain,
and impose remedies for a violation of this subchapter or any rules or
regulations adopted pursuant to this subchapter, as the department has under
Title 8 or this title or any other applicable law or regulation.
(h) Vermont law enforcement agencies, including the department of public
safety, shall not be considered a data collector. Except as provided in
subdivisions (b)(2) and (b)(3) of this section, Vermont law enforcement
agencies, including the department of public safety, shall be exempt from this
subchapter.
Subchapter 3. Social Security Number Protection Act
§ 2440. SOCIAL SECURITY NUMBER PROTECTION
(a) This section shall be known as the Social Security Number Protection
Act.
(b) Except as provided in subsection (c) of this section, a business may not
do any of the following:
(1) Intentionally communicate or otherwise make available to the general
public an individual’s Social Security number.
(2) Intentionally print or imbed an individual’s Social Security number on
any card required for the individual to access products or services provided
by the person or entity.
(3) Require an individual to transmit his or her Social Security number
over the internet unless the connection is secure or the Social Security number is
encrypted.
1326 JOURNAL OF THE SENATE
(4) Require an individual to use his or her Social Security number to access
an internet website, unless a password or unique personal identification number
or other authentication device is also required to access the internet website.
(5) Print an individual’s Social Security number on any materials that are
mailed to the individual, unless state or federal law requires the Social Security
number to be on the document to be mailed.
(6) Sell, lease, lend, trade, rent, or otherwise intentionally disclose an
individual’s Social Security number to a third party without written consent
to the disclosure from the individual, when the party making the disclosure
knows or in the exercise of reasonable diligence would have reason to believe
that the third party lacks a legitimate purpose for obtaining the individual’s
Social Security number.
(c) Subsection (b) of this section shall not apply:
(1) When a Social Security number is included in an application or in
documents related to an enrollment process, or to establish, amend, or terminate an
account, contract, or policy; or to confirm the accuracy of the Social Security
number for the purpose of obtaining a credit report pursuant to 15 U.S.C.
§ 1681(b)(2). A Social Security number that is permitted to be mailed under this
section may not be printed, in whole or in part, on a postcard or other mailer not
requiring an envelope, or visible on an envelope without the envelope having
been opened.
(2) To the collection, use, or release of a Social Security number
reasonably necessary for administrative purposes or internal verification.
(3) To the opening of an account or the provision of or payment for a
product or service authorized by an individual.
(4) To the collection, use, or release of a Social Security number to
investigate or prevent fraud; conduct background checks; conduct social or
scientific research; collect a debt; obtain a credit report from or furnish data to a
consumer reporting agency pursuant to the fair credit reporting act, 15 U.S.C.
§ 1681, et seq.; undertake a permissible purpose enumerated under Gramm
Leach Bliley, 12 C.F.R. § 216.13-15; or locate an individual who is missing,
is a lost relative, or is due a benefit, such as a pension, insurance, or unclaimed
property benefit.
(5) To a business acting pursuant to a court order, warrant, subpoena, or
when otherwise required by law, or in response to a facially valid discovery
request pursuant to rules applicable to a court or administrative body that has
jurisdiction over the disclosing entity.
THURSDAY, MAY 4, 2006 1327
(6) To a business providing the Social Security number to a federal,
state, or local government entity, including a law enforcement agency, the
department of public safety, and court, or their agents or assigns.
(7) To a Social Security number that has been redacted.
(8)(A) To a business that has used, prior to January 1, 2007, an
individual’s Social Security number in a manner inconsistent with subsection
(b) of this section, which may continue using that individual’s Social Security
number in that manner on or after January 1, 2007, if all of the following
conditions are met:
(i) The use of the Social Security number is continuous. If the use
is stopped for any reason, subsection (b) of this section shall apply.
(ii) The individual is provided an annual disclosure that informs
the individual that he or she has the right to stop the use of his or her Social
Security number in a manner prohibited by subsection (b) of this section.
(iii) A written request by an individual to stop the use of his or her
Social Security number in a manner prohibited by subsection (b) of this section
is implemented within 30 days of the receipt of the request. There shall not be
a fee or charge for implementing the request.
(iv) The person or entity does not deny services to an individual
because the individual makes a written request pursuant to this subsection.
(B) Nothing in this subdivision (8) is intended to apply to the
collection, use or dissemination of Social Security numbers collected prior to
January 1, 2007 and exempted from the provisions of subsection (b) of this
section pursuant to subdivisions (1) through (7) or (9) and (10) of this
subsection.
(9) To information obtained from a recorded document in the official
records of the town clerk or municipality.
(10) To information obtained from a document filed in the official
records of the courts.
(d) Except as provided in subsection (e) of this section, the state and any
state agency, political subdivision of the state, and agent or employee of the
state, a state agency, or political subdivision of the state, may not do any of the
following:
(1) Collect a Social Security number from an individual unless
authorized or required by law, state or federal regulation, or grant agreement to
do so or unless the collection of the Social Security number or records containing
1328 JOURNAL OF THE SENATE
the Social Security number is related to the performance of that agency’s duties
and responsibilities as prescribed by law.
(2) Fail, when collecting a Social Security number from an individual in
a hard copy format, to segregate that number on a separate page from the rest of
the record, or as otherwise appropriate, in order that the Social Security number
can be more easily redacted pursuant to a valid public records request.
(3) Fail, when collecting a Social Security number from an individual, to
provide, at the time of or prior to the actual collection of the Social Security
number by that agency, that individual, upon request, with a statement of the
purpose or purposes for which the Social Security number is being collected
and used.
(4) Use the Social Security number for any purpose other than the purpose
set forth in the statement required under subdivision (3) of this subsection.
(5) Intentionally communicate or otherwise make available to the general
public a person’s Social Security number.
(6) Intentionally print or imbed an individual’s Social Security number on
any card required for the individual to access government services.
(7) Require an individual to transmit the individual’s Social Security
number over the internet, unless the connection is secure or the Social Security
number is encrypted.
(8) Require an individual to use the individual’s Social Security number to
access an internet website, unless a password or unique personal
identification number or other authentication device is also required to access the
internet website.
(9) Print an individual’s Social Security number on any materials that are
mailed to the individual, unless a state or federal law, regulation, or grant
agreement requires that the Social Security number be on the document to be
mailed. A Social Security number that is permitted to be mailed under this
subdivision may not be printed, in whole or in part, on a postcard or other
mailer not requiring an envelope, or visible on an envelope, without the
envelope having been opened.
(e) Subsection (d) of this section does not apply to:
(1) Social Security numbers disclosed to another governmental entity or its
agents, employees, contractors, grantees, or grantors of a governmental entity if
disclosure is necessary for the receiving entity to perform its duties and
responsibilities. The receiving governmental entity and its agents, employees,
and contractors shall maintain the confidential and exempt status of such numbers.
As used in this subsection, “necessary” means reasonably needed to promote the
THURSDAY, MAY 4, 2006 1329
efficient, accurate, or economical conduct of an entity’s duties and
responsibilities.
(2) Social Security numbers disclosed pursuant to a court order, warrant, or
subpoena, or in response to a facially valid discovery request pursuant to rules
applicable to a court or administrative body that has jurisdiction over the
disclosing entity.
(3) Social Security numbers disclosed for public health purposes pursuant
to and in compliance with requirements of the department of health under Title 18.
(4) The collection, use, or release of a Social Security number reasonably
necessary for administrative purposes or internal verification. Internal verification
includes the sharing of information for internal verification between and among
governmental entities and their agents, employees, contractors, grantees, and
grantors.
(5) Social Security numbers that have been redacted.
(6)(A) A state agency or state political subdivision that has used, prior to
January 1, 2007, an individual’s Social Security number in a manner inconsistent
with subsection (d) of this section, which may continue using that individual’s
Social Security number in that manner on or after January 1, 2007, if all of the
following conditions are met:
(i) The use of the Social Security number is continuous. If the use is
stopped for any reason, subsection (d) of this section shall apply.
(ii) The individual is provided an annual disclosure that informs the
individual that he or she has the right to stop the use of his or her Social Security
number in a manner prohibited by subsection (d) of this section.
(iii) A written request by an individual to stop the use of his or her
Social Security number in a manner prohibited by subsection (d) of this section is
implemented within 30 days of the receipt of the request. There shall not be a fee
or charge for implementing the request.
(iv) The state agency or state political subdivision does not deny
services to an individual because the individual makes a written request pursuant
to this subdivision.
(B) Nothing in this subdivision (e)(6) is intended to apply to the
collection, use or dissemination of Social Security numbers collected prior to
January 1, 2007 and exempted from the provisions of subsection (d) of this
section pursuant to subdivisions (1) through (5) or (7) through (11) of this
subsection.
1330 JOURNAL OF THE SENATE
(7) Certified copies of vital records issued by the health department and
other authorized officials pursuant to part 6 of Title 18.
(8) A recorded document in the official records of the town clerk or
municipality.
(9) A document filed in the official records of the courts.
(10) The collection, use, or dissemination of Social Security numbers by
law enforcement agencies and the department of public safety in the execution
of their duties and responsibilities.
(11) To the collection, use, or release of a Social Security number to
investigate or prevent fraud; conduct background checks; conduct social or
scientific research; collect a debt; obtain a credit report from or furnish data to a
consumer reporting agency pursuant to the fair credit reporting act, 15 U.S.C.
§ 1681 et seq.; undertake a permissible purpose enumerated under Gramm
Leach Bliley, 12 C.F.R. § 216.13-15; or locate an individual who is missing,
is a lost relative, or is due a benefit, such as a pension, insurance, or unclaimed
property benefit.
(f) Any person has the right to request that a town clerk or clerk of court
remove from an image or copy of an official record placed on a town’s or court’s
internet website available to the general public or an internet website available to
the general public to display public records by the town clerk or clerk of court,
the person’s Social Security number, employer taxpayer identification
number, driver’s license number, state identification number, passport number,
checking account number, savings account number, credit card or debit card
number, or personal identification number (PIN) code or passwords contained
in that official record. A town clerk or clerk of court is authorized to redact
the personal information identified in a request submitted under this section.
The request must be made in writing, legibly signed by the requester, and
delivered by mail, facsimile, or electronic transmission, or delivered in person
to the town clerk or clerk of court. The request must specify the personal
information to be redacted, information that identifies the document that contains
the personal information and unique information that identifies the location
within the document that contains the Social Security number, employer taxpayer
identification number, driver’s license number, state identification number,
passport number, checking account number, savings account number, credit card
number, or debit card number, or personal identification number (PIN) code or
passwords to be redacted. The request for redaction shall be considered a
public record with access restricted to the town clerk, the clerk of court, their
staff, or upon order of the court. The town clerk or clerk of court shall have no
duty to inquire beyond the written request to verify the identity of a person
requesting redaction and shall have no duty to remove redaction for any reason
THURSDAY, MAY 4, 2006 1331
upon subsequent request by an individual or by order of the court, if impossible to
do so. No fee will be charged for the redaction pursuant to such request. Any
person who requests a redaction without proper authority to do so shall be guilty
of an infraction, punishable by a fine not to exceed $500.00 for each violation.
(g) Enforcement.
(1) With respect to businesses, the state, state agencies, political
subdivisions of the state, and agents or employees of the state, a state agency,
or a political subdivision of the state, subject to this subchapter, other than a
person or entity licensed or registered with the department of banking,
insurance, securities, and health care administration under Title 8 or this title,
the attorney general and state’s attorney shall have sole and full authority to
investigate potential violations of this subchapter, to enforce, prosecute, obtain,
and impose remedies for a violation of this subchapter, or any rules made
pursuant to this subchapter, and to promulgate rules under this subchapter, as
the attorney general and state’s attorney have under chapter 63 of this title. The
attorney general may refer the matter to the state’s attorney in an appropriate
case. The superior courts shall have jurisdiction over any enforcement matter
brought by the attorney general or a state’s attorney under this subsection.
(2) With respect to a person or entity licensed or registered with the
department of banking, insurance, securities, and health care administration
under Title 8 or this title, the department shall have full authority to investigate
potential violations of this subchapter, and to prosecute, obtain and impose
remedies for a violation of this subchapter or any rules adopted pursuant to this
subchapter as the department has under Title 8 or this title, or any other
applicable law or regulation.
(3) With respect to the information provided by the Vermont department
of public safety and law enforcement agencies, and any agent or employee
thereof, to the Vermont attorney general or state’s attorney pursuant to
subdivision (1) of this subsection, the information provided or made available
by the agency or department to the attorney general may be designated by the
agency or department as confidential, and shall not be released under the
provisions of 1 V.S.A. § 317.
Subchapter 4. Document Safe Destruction Act
§ 2445. SAFE DESTRUCTION OF DOCUMENTS CONTAINING
PERSONAL INFORMATION
(a) As used in this section:
(1) “Business” means sole proprietorship, partnership, corporation,
association, limited liability company, or other group, however organized and
1332 JOURNAL OF THE SENATE
whether or not organized to operate at a profit, including a financial institution
organized, chartered, or holding a license or authorization certificate under the
laws of this state, any other state, the United States, or any other country, or the
parent, affiliate, or subsidiary of a financial institution, but in no case shall it
include the state, a state agency, or any political subdivision of the state. The
term includes an entity that destroys records.
(2) “Customer” means an individual who provides personal information to
a business for the purpose of purchasing or leasing a product or obtaining a service
from the business.
(3) “Personal information” means the following information that identifies,
relates to, describes, or is capable of being associated with a particular individual:
his or her signature, Social Security number, physical characteristics or
description, passport number, driver’s license or state identification card number,
insurance policy number, bank account number, credit card number, debit card
number, or any other financial information.
(4)(A) “Record” means any material, regardless of the physical form, on
which information is recorded or preserved by any means, including in written or
spoken words, graphically depicted, printed, or electromagnetically transmitted.
(B) “Record” does not include publicly available directories containing
information an individual has voluntarily consented to have publicly disseminated
or listed, such as name, address, or telephone number.
(b) A business shall take all reasonable steps to destroy or arrange for the
destruction of a customer’s records within its custody or control containing
personal information which is no longer to be retained by the business by
shredding, erasing, or otherwise modifying the personal information in those
records to make it unreadable or indecipherable through any means for the
purpose of:
(1) ensuring the security and confidentiality of customer personal
information;
(2) protecting against any anticipated threats or hazards to the security or
integrity of customer personal information; and
(3) protecting against unauthorized access to or use of customer personal
information that could result in substantial harm or inconvenience to any
customer.
(c) An entity that is in the business of disposing of personal financial
information that conducts business in Vermont or disposes of personal
information of residents of Vermont must take all reasonable measures to
dispose of records containing personal information by implementing and
THURSDAY, MAY 4, 2006 1333
monitoring compliance with policies and procedures that protect against
unauthorized access to or use of personal information during or after the
collection and transportation and disposing of such information.
(d) This section does not apply to any of the following:
(1) Any bank, credit union, or financial institution as defined under the
federal Gramm Leach Bliley law that is subject to the regulation of the Office
of the Comptroller of the Currency, the Federal Reserve, the National Credit
Union Administration, the Securities and Exchange Commission, the federal
deposit insurance corporation, the office of thrift supervision of the U.S.
department of the treasury, or the department of banking, insurance, securities,
and health care administration and is subject to the privacy and security
provisions of the Gramm Leach Bliley Act, 15 U.S.C. § 6801 et seq.
(2) Any health insurer or health care facility that is subject to and in
compliance with the standards for privacy of individually identifiable health
information and the security standards for the protection of electronic health
information of the Health Insurance Portability and Accountability Act of
1996.
(3) Any consumer reporting agency that is subject to and in compliance
with the Federal Credit Reporting Act, 15 U.S.C. § 1681 et seq., as amended.
(e) Enforcement.
(1) With respect to all businesses subject to this section, other than a
person or entity licensed or registered with the department of banking,
insurance, securities and health care administration under Title 8 or this title,
the attorney general and state’s attorney shall have sole and full authority to
investigate potential violations of this section, and to prosecute, obtain and
impose remedies for a violation of this section, or any rules adopted pursuant
to this section, and to promulgate rules under this act, as the attorney general
and state’s attorney have under chapter 63 of this title. The superior courts
shall have jurisdiction over any enforcement matter brought by the attorney
general or a state’s attorney under this subsection.
(2) With respect to a person or entity licensed or registered with the
department of banking, insurance, securities, and health care administration
under Title 8 or this title to do business in this state, the department of banking,
insurance, securities, and health care administration shall have full authority to
investigate potential violations of this act, and to prosecute, obtain, and impose
remedies for a violation of this act, or any rules or regulations made pursuant
to this act, as the department has under Title 8 and this title, or any other
applicable law or regulation.
1334 JOURNAL OF THE SENATE
Sec. 2. 13 V.S.A. § 5353(c) is amended to read:
(c) The application for compensation shall be signed by the applicant and
shall contain at least the following information which shall be provided subject
to the penalties of perjury:
***
(4) When reasonably available, copies of all law enforcement reports
and reports from all health care providers who treated or examined the victim
at the time of or after the crime or who treated or examined the dependent.
(5) The applicant’s Social Security number for the purpose of making
cash payment to the applicant in accordance with section 5356 of this title.
Sec. 3. REPEAL
13 V.S.A. § 7043(d)(2)(B) (use of a criminal offender’s Social Security
number) is repealed.
Sec. 4. 13 V.S.A. § 5362(c) is amended to read:
(c) The restitution unit shall have the authority to:
***
(3)(A) Share and access information, consistent with Vermont and
federal law, from the court, the department of corrections, the department of
motor vehicles, the department of taxes, and the department of employment
and training in order to carry out its collection and enforcement functions.
(B) Provide information to the department of corrections concerning
supervised offenders, including an offender's restitution payment history and
balance, address and contact information, employment information, and
information concerning the restitution unit's collection efforts.
(C) The restitution unit is specifically authorized to collect, record,
use, and disseminate Social Security numbers as needed for the purpose of
collecting restitution and enforcing restitution judgment orders issued by the
court.
Sec. 4a. EXTENSION OF SUNSET; CONFIDENTIALITY AND
NONCOMMERCIAL DISTRIBUTION OF CERTAIN TAX RECORDS
AND DATA
Sec. 6 of Act No. 158 of the Acts of 2004 as amended by Sec. 54c of Act
No. 71 of the Acts of 2006 (2005 Adj. Sess.) is further amended to read:
THURSDAY, MAY 4, 2006 1335
Sec. 6. SUNSET
This act shall expire on June 30, 2006 2007, and sections of the Vermont
Statutes Annotated which are amended by this act shall revert to the language
in effect prior to the effective date of this act.
Sec. 5. SUNSET
9 V.S.A. § 2435(h) (exemption for law enforcement agencies from security
breach notice act) shall be repealed June 30, 2008.
Sec. 6. EFFECTIVE DATE
(a) This act, except for 9 V.S.A. § 2440, shall take effect January 1, 2007.
(b) 9 V.S.A. § 2440 shall take effect July 1, 2007.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
Rules Suspended; House Proposal of Amendment Concurred In
S. 302.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to commercial driver licenses.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill as follows:
First: By striking out Sec. 1 and inserting in lieu thereof a new Sec. 1 to
read as follows:
Sec. 1. 23 V.S.A. § 4103(4)(D)(iii), (9), (10), (12), and (18) are amended to
read:
As used in this chapter:
***
(4) “Commercial motor vehicle” means a motor vehicle designed or
used to transport passengers or property:
***
(D) the term shall not include:
***
(iii) military equipment owned or operated by the United States
Department of Defense, including the National Guard, and operated by
noncivilian personnel or by National Guard military technicians (civilians who
are required to wear military uniforms) and active duty U.S. Coast Guard
personnel;
1336 JOURNAL OF THE SENATE
(9) "Gross vehicle weight rating" means the value specified by the
manufacturer or manufacturers as the maximum loaded weight of a single or a
combination vehicle, or registered gross weight, whichever is greater. The
gross vehicle weight rating of a combination vehicle is the gross vehicle
weight rating of the power unit plus the gross vehicle weight rating of the
towed unit or units.
(10) “Hazardous materials” has the same meaning as the term has under
section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C.
1801 et seq.) means any material that has been designated as hazardous under
49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R.
part 172 or any quantity of a material listed as a select agent or toxin in
42 C.F.R. part 73.
(12) “Out-of-service order” means a temporary prohibition against
driving a commercial motor vehicle.
(18) “Out-of-service order” means a declaration by the Federal Highway
Motor Carrier Safety Administration or an authorized enforcement officer of a
federal, state, Commonwealth of Puerto Rico, Canadian, Mexican, or local
jurisdiction, that a driver, or a commercial motor vehicle, or a school bus, or a
motor carrier operation, is out-of-service out of service.
Second: By striking out Sec. 8 and inserting in lieu thereof a new Sec. 8 to
read as follows:
Sec. 8. 23 V.S.A. § 4123 is added to read:
§ 4123. PENALTY FOR AUTHORIZING RAILROAD CROSSING
VIOLATIONS
Any employer who knowingly requires or permits a driver to operate a
commercial motor vehicle in violation of section 1076 of this title is subject to
a penalty of not more than $4,000.00.
Third: By adding a new Sec. 9 to read as follows:
Sec. 9. 23 V.S.A. § 2302(a) is amended to read:
(a) As used in this chapter, "traffic violation" means:
***
(9) a violation for which the penalties are calculated under section 1391a
of this title; or
(10) a violation of subsection 3024(b) of this title. ;
(11) a violation of subsections 4120(a) and (b) of this title; or
(12) a violation of section 4123 of this title.
THURSDAY, MAY 4, 2006 1337
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 211.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to regulating emissions from diesel-powered commercial
motor vehicles.
Was taken up for immediate consideration.
Senator Lyons, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 211. An act relating to regulating emissions from diesel-powered
commercial motor vehicles.
Respectfully reports that it has met and considered the same and
recommends that the Senate recede from its first proposal of amendment, that
the House accede to the Senate’s second and third proposals of amendment,
and that the bill be amended by adding Sec. 2a to read as follows:
Sec. 2a. DEPARTMENT OF MOTOR VEHICLES IMPLEMENTATION
PLAN FOR EMISSION SMOKE INSPECTION TESTING
(a) The department of motor vehicles shall develop a plan for
implementing and inclusion in the budget of the emission smoke testing
program for diesel-powered commercial motor vehicles. The plan shall
include:
(1) a framework for training officers of the department of motor vehicles
in conducting emission smoke testing;
(2) a proposal for acquisition of additional emission smoke testing
equipment to be used by the department of motor vehicles in conducting
emission smoke testing;
(3) a projection of how the state would operate the emission smoke
testing program for diesel-powered commercial motor vehicles if the program
1338 JOURNAL OF THE SENATE
includes or expands to include state and municipal law enforcement, including
a projected cost for training and testing equipment necessary for state and
municipal enforcement; and
(4) estimated appropriations needed to implement the emission smoke
testing program for diesel-powered commercial motor vehicles over the next
five years.
(b) On or before January 15, 2007, the department of motor vehicles shall
report back to the house and senate committees on natural resources and
energy and on transportation.
VIRGINIA V. LYONS
CLAIRE D. AYER
GEORGE R. COPPENRATH
Committee on the part of the Senate
SARAH R. EDWARDS
ROBERT DOSTIS
RICHARD A. WESTMAN
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 306.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to transportation of individuals in this custody of the state.
Was taken up for immediate consideration.
Senator Kittell, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
THURSDAY, MAY 4, 2006 1339
H. 306. An act relating to transportation of individuals in the custody of the
state.
Respectfully reports that it has met and considered the same and
recommends that the Senate recede from its proposal of amendment and that
the bill be amended by striking out all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. 33 V.S.A. § 5541 is added to read:
§ 5541. TRANSPORTATION OF A CHILD
(a) The commissioner of the department for children and families shall
ensure that all reasonable and appropriate measures consistent with public
safety are made to transport or escort a child subject to this chapter in a manner
which:
(1) prevents physical and psychological trauma;
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the
child.
(b) The commissioner of the department for children and families shall
have the authority to select the person or persons who may transport a child
under the commissioner’s care and custody.
(c) The commissioner shall assure supervisory review of every decision to
transport a child using mechanical restraints. When transportation with
restraints for a particular child is approved, the reasons for the approval shall
be documented in writing.
(d) It is the policy of the state of Vermont that mechanical restraints are not
routinely used on children subject to this chapter unless circumstances dictate
that such methods are necessary.
Sec. 2. 18 V.S.A. § 7511 is amended to read:
§ 7511. TRANSPORTATION
(a) The commissioner of the department of health shall ensure that all
reasonable and appropriate efforts measures consistent with public safety are
made to transport or escort a person subject to this chapter to and from any
inpatient setting, including escorts within a designated hospital or the Vermont
state hospital, or otherwise being transported under the jurisdiction of the
commissioner in a manner which:
(1) prevents physical and psychological trauma;
1340 JOURNAL OF THE SENATE
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the
patient.
(b) The commissioner shall have the authority to designate by rule the
professionals who may transport authorize the method of transport of patients
under the commissioner's care and custody.
(c) When a professional designated pursuant to subsection (b) of this
section decides an individual is in need of secure transport with mechanical
restraints, the reasons for such determination shall be documented in writing.
(d) It is the policy of the state of Vermont that mechanical restraints are not
routinely used on persons subject to this chapter unless circumstances dictate
that such methods are necessary.
Sec. 3. DATA COLLECTION
(a) On or before January 31, 2007 and January 31, 2008, the commissioner
of the department for children and families shall report to the house committee
on human services and the senate committee on health and welfare data for the
preceding year regarding the transportation of children in the custody of the
commissioner by a sheriff or deputy sheriff. The data shall include the number
and gender of children transported to various locations and geographic
distribution of the use of such transports.
(b) On or before January 31, 2007 and January 31, 2008, the commissioner
of the department of health shall report to the house committee on human
services and the senate committee on health and welfare data for the preceding
year regarding the transportation of persons in accordance with 18 V.S.A.
§ 7511. The data shall include the number, method, and location of all adult
and child transports.
(c) The department for children and families, the department of health, the
department of corrections, the department of state’s attorneys and sheriffs, the
office of the defender general, and the court administrator’s office shall meet to
discuss protocols for the secure transport of children, persons being
hospitalized for mental illness, and pregnant inmates who are in state custody
and develop strategies for reducing the frequency and necessity of secure
transports using mechanical restraints. The group shall provide the house
committee on human services and the senate committee on health and welfare
with a letter detailing its findings and recommendations no later than
January 15, 2007.
THURSDAY, MAY 4, 2006 1341
Sec. 4. 28 V.S.A. § 801a is added to read:
§ 801a. PREGNANT INMATES
(a) It shall be the policy of the state of Vermont to respect the unique health
issues associated with a pregnant inmate. The department of corrections shall
not routinely restrain pregnant inmates who are beyond their first trimester of
pregnancy in the same manner as other inmates, recognizing that to do so
might pose undue health risks for the mother and unborn child.
(b) The commissioner of the department of corrections shall ensure that all
reasonable and appropriate measures consistent with public safety are made to
transport a pregnant inmate in a manner which:
(1) prevents physical and psychological trauma;
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the
inmate, medical and correctional personnel, and the public.
(c) Unless the inmate presents a substantial flight risk or other
extraordinary circumstances dictate otherwise, mechanical restraints of any
kind shall not be used on a pregnant inmate after she has been declared by an
attending health care practitioner to be in active labor. The inmate shall
remain unrestrained after delivery while in recovery at the hospital. If
restraints are used while the inmate is in labor or in the hospital during
recovery after delivery, the commissioner of corrections shall make written
findings as to the reasons why mechanical restraints were necessary to prevent
escape or to ensure the safety of the inmate, medical and correctional
personnel, or the public.
(d) The department shall provide personnel as may be necessary to
supervise the inmate to and from the hospital and during her stay at the
hospital.
SARA B. KITTELL
JEANETTE K. WHITE
PHILIP B. SCOTT
Committee on the part of the Senate
ANN D. PUGH
MICHAEL FISHER
NORMAN H. McALLISTER
Committee on the part of the House
1342 JOURNAL OF THE SENATE
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 602.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to agricultural energy and fuel production.
Was taken up for immediate consideration.
Senator Kittell, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 602. An act relating to agricultural energy and fuel production.
Respectfully reports that it has met and considered the same and
recommends that the House recede from its further proposal amendment in its
concurrence and that the bill be amended by adding a Sec. 4 to read as follows:
Sec. 4. VERMONT SPECIALIST FOR TECHNICAL EDUCATION IN
AGRICULTURE, NATURAL RESOURCES, AND FFA
(a) The department of education, in consultation with the agency of
agriculture, food and markets and Vermont Technical College, shall reestablish
a specialist in the state for technical education in agriculture, natural resources,
and FFA for the 2006-2007 academic year. The department of education may
contract with the agency of agriculture, food and markets or Vermont
Technical College in reestablishing the specialist. The specialist for technical
education in agriculture, natural resources, and FFA shall work to:
(1) assist secondary education programs in the state in developing and
implementing curriculum related to agriculture and natural resources;
(2) encourage students to pursue careers in agriculture and natural
resources;
THURSDAY, MAY 4, 2006 1343
(3) improve partnerships between secondary education programs in the
state and postsecondary educational programs, such as Vermont Technical
College, in agriculture and natural resources; and
(4) advise and assist the statewide FFA organization in its youth
leadership, agricultural advancement, and other initiatives.
(b) Prior to January 15, 2007, the department of education shall report to
the house and senate committees on education and the house and senate
committees on agriculture regarding the status of the specialist for technical
education in agriculture, natural resources, and FFA. The report shall include:
(1) a summary of the efforts made by the department of education, the
agency of agriculture, food and markets, and Vermont Technical College to
review all possible sources of funding to establish the specialist position
required in subsection (a) of this section; and
(2) a recommendation regarding which state agency, state department,
or state or private program should administer the specialist position required in
subsection (a).
(c) The funding appropriated to the department of education in fiscal year
2007 for career technical center student organizations shall not be used to fill
the specialist position required under subsection (a) of this section.
SARA B. KITTELL
ROBERT A. STARR
WENDY L. WILTON
Committee on the part of the Senate
BILL BOTZOW
BRIAN C. DUNSMORE
JOHN W. MALCOLM
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
1344 JOURNAL OF THE SENATE
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 611.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to life threatening chronic allergies and illnesses in schools.
Was taken up for immediate consideration.
Senator Collins, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 611. An act relating to life threatening chronic allergies and illnesses in
schools.
Respectfully reports that it has met and considered the same and
recommends that the House concur with the Senate proposal of amendment
and that the bill be further amended as follows:
First: By striking out Sec. 2 in its entirety and inserting in lieu thereof a
new Sec. 2 to read as follows:
Sec. 2. 16 V.S.A. § 212(15) is added to read:
(15) Annually, the commissioner of education and the commissioner of
health shall jointly inform superintendents and principals of appropriate
practices regarding students with life-threatening allergies and chronic
illnesses; and prepare and distribute policies, training materials, and school
guidelines for managing students with life-threatening allergies and chronic
illnesses, including family responsibilities, school responsibilities, and student
responsibilities.
Second: In Sec. 3, by striking out § 563(27) in the introductory language
and inserting in lieu thereof § 563(29), and by striking out the subdivision
number "(27)" and inserting in lieu thereof the following: "(29)"; and
following the words “life-threatening chronic illnesses of” by striking out the
following: “their rights under” and inserting in lieu thereof the following:
applicable provisions of
THURSDAY, MAY 4, 2006 1345
DONALD E. COLLINS
JAMES C. CONDOS
WENDY L. WILTON
Committee on the part of the Senate
ANNE H. MOOK
DUNCAN F. KILMARTIN
GEORGE C. CROSS
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 702.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to executive branch fees.
Was taken up for immediate consideration.
Senator Ayer, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 702. An act relating to executive branch fees.
Respectfully reports that it has met and considered the same and
recommends that the House accede to the Senate proposal of amendment with
further amendments as follows:
First: In Sec. 2, 7 V.S.A. §231(a) by striking out subdivisions (11), (12),
(13), and (15) and inserting in lieu thereof the following:
(11) For up to four ten fourth class vinous licenses, $50.00;.
(12) For vinous direct sales by a manufacturer or rectifier, $50.00;
$200.00.
1346 JOURNAL OF THE SENATE
(13) For a special events permit, $25.00;.
(15) For a wine tasting permit, $15.00.
Second: In Sec. 2, 7 V.S.A. §231(b) by striking out subdivision (1) and
inserting in lieu thereof the following:
(1) Third class license fees: 55 percent shall go to the liquor control
enterprise fund, and 45 percent shall go to the general fund and shall be used to
fund the DETER program in fiscal year 2007.
Third: By adding a new section to be numbered Sec. 23b to read as follows:
Sec. 23b. 32 V.S.A. § 605(d)(2) is amended to read:
(2) Set a new, or adjust an existing, fee rate or amount. Each new or
adjusted fee rate shall be accompanied by information justifying the rate,
which may include:
(A) The relationship between the revenue to be raised by the fee or
change in the fee and the cost or change in the cost of the service, product, or
regulatory function supported by the fee, with costs construed pursuant to
subdivision 603(2) of this title.
(B) The inflationary pressures that have arisen since the fee was last set.
(C) The effect on budgetary adequacy if the fee is not increased.
(D) The existence of comparable fees in other jurisdictions.
(E) Policies that might affect the acceptance or the viability of the fee
amount.
(F) Other considerations.
CLAIR D. AYER
RODERICK M. GANDER
ANN E. CUMMINGS
Committee on the part of the Senate
CAROLYN W. BRANAGAN
BETTY A. NUOVO
JOHANNAH L. DONOVAN
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
THURSDAY, MAY 4, 2006 1347
Report of Committee of Conference Accepted and Adopted on the Part
of the Senate; Rules Suspended; Bill Messaged
H. 238.
Senator Condos, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
An act relating to minimum service retirement allowance for state
employees and teachers.
Respectfully reports that it has met and considered the same and
recommends that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1. 3 V.S.A. § 459(f) is amended to read:
(f) Beginning July 1, 1989, the normal retirement allowance for group A
members shall be not less than the larger of $3,000.00 a year or 50 percent of
his or her average final compensation for any member or beneficiary who has
completed 30 years or more of creditable service, nor less than a proportionate
amount thereof for any member or beneficiary who has completed less than 30
years of creditable service. Beginning March 1, 1998, the service retirement
allowance shall be not less than the larger of $4,200.00 a year or 50 percent of
the member's average final compensation for any member or beneficiary who
has completed 30 years or more of creditable service, nor less than a
proportionate amount thereof for any member or beneficiary who has
completed at least five years, but less than 30 years, of creditable service.
Beginning September 1, 2006, the service retirement allowance shall be not
less than the larger of $6,600.00 per year or 50 percent of the member's
average final compensation for any member or beneficiary who has completed
30 years or more of creditable service, nor less than a proportionate amount
thereof for any member or beneficiary who has completed at least five years,
but less than 30 years, of creditable service. Beginning September 1, 2011,
and on September 1 of every fifth year thereafter, the minimum service
retirement allowance shall be increased by $1,000.
Sec. 2. 3 V.S.A. § 477a(a) is amended to read:
(a) Any member who has rendered 15 years of creditable service and who
has, prior to becoming a member of the system, served a minimum of one full
year of full-time service in the military or one full year of full-time service as a
1348 JOURNAL OF THE SENATE
member of the Cadet Nurse Corps in World War II, the Peace Corps, or
VISTA for which the member has derived no military pension benefits, may
elect to have included in the member’s creditable service all or any part of the
member’s military, Cadet Nurse Corps, Peace Corps, or VISTA service not
exceeding five years. Any member who so elects shall deposit in the annuity
savings fund by a single contribution the amount or amounts determined by the
system’s actuary to be cost neutral to the system. Notwithstanding the
provisions of this subsection, any member shall, upon application, be granted
up to three years of credit for military service during the periods June 25, 1950
through January 31, 1955, February 28, 1961 through August 4, 1964 if service
was performed in what is now the Republic of Vietnam, and August 5, 1964
through May 7, 1975 and shall not be required to make a contribution,
provided the member has rendered 15 years of creditable service and, prior to
becoming a member, served a minimum of one full year of full-time service in
the military for which he or she has derived no military pension benefits. The
provisions of this subsection shall also be available to state employees who are
not members of the classified system and who elect to participate in the
defined contribution retirement plan under chapter 16A of this title.
Notwithstanding the foregoing, in the event of a conflict between the
provisions of this subsection and the provisions of 10 U.S.C. § 12736
concerning the counting of the same full-time military service toward both
military and state pensions, the provisions of the United States Code shall
control.
Sec. 3. 3 V.S.A. § 479(c) is added to read:
(c) After January 1, 2007, the state treasurer may offer and administer a
dental benefit plan for retired members, beneficiaries, eligible dependents, and
eligible retirees of special affiliated groups and the dependents of members of
those groups who are eligible for coverage in the state employee group medical
benefit plan. The plan shall be separate and apart from any dental benefit plan
offered to Vermont state employees. The original plan of benefits, and any
changes thereto, shall be determined by the state treasurer with due
consideration of recommendations from the retired employees’ committee on
insurance established in section 636 of this title.
(1) For purposes of dental benefits, “retired members” shall include
retired employees of the state who are receiving a retirement allowance from
the Vermont state retirement system. In addition, “retired members” shall
include retired employees who are receiving a retirement allowance based
upon their employment with the Vermont state employees’ association, the
Vermont state employees’ credit union, and the Vermont council on the arts, as
long as they were covered under a group dental plan as active employees on
their retirement date, and:
THURSDAY, MAY 4, 2006 1349
(A) they have at least 20 years’ service with that employer; or
(B) have attained 62 years of age, and have at least 15 years’ service
with that employer.
(2) One hundred percent of the premiums for providing dental benefit
coverage to retired members, beneficiaries, and eligible dependents shall be
paid in full by retired members and beneficiaries and shall be deducted from
each member’s retirement allowance each month. Nothing in this subdivision
creates a legal obligation on the part of the state to pay any portion of the
premiums required to provide dental benefit coverage to retired members,
dependents, beneficiaries, or other eligible participants.
(3) Dependent eligibility shall be determined in the manner applied to
determinations for coverage in the state employee medical benefit plan.
(4) Each retired member shall have a one-time option at the time of
retirement to elect dental benefit plan coverage. Once a retired member,
beneficiary, or any other covered member of the dental benefit plan elects not
to take coverage or drops coverage, he or she may not subsequently join the
dental benefit plan. Retired members and beneficiaries of members retired
prior to December 31, 2006 shall have a one-time option to elect dental benefit
plan coverage for themselves and their eligible dependents. This election shall
be made no later than December 31, 2006.
Sec 4. 3 V.S.A. § 500(f) is amended to read:
(f) Upon retirement, employees who elect to participate in the defined
contribution retirement plan shall be entitled to the same life, dental and health
insurance benefits available to members of the Vermont state retirement
system.
Sec. 5. 3 V.S.A § 636(f) is added to read:
(f) The committee shall recommend to the state treasurer the original plan
of dental benefits for retired members and any subsequent changes to the plan.
The state treasurer shall be responsible for plan administration, including
determining the plan administrator, determining plan benefits, determining
eligibility, and setting premium rates. The office of state treasurer shall be
reimbursed from the premiums collected for the plan for any reasonable
additional costs incurred for the administration and maintenance of the plan.
Sec. 6. 16 V.S.A. § 1937(b)(4) is amended to read:
(4) Beginning July 1, 1989, the service retirement allowance shall be not
less than the larger of $4,550.00 a year or 50 percent of the member's average
final compensation for any member or beneficiary who has completed 30 years
1350 JOURNAL OF THE SENATE
or more of creditable service, nor less than a proportionate amount thereof for
any member or beneficiary who has completed less than 30 years of creditable
service. Beginning March 1, 1998, the service retirement allowance shall be
not less than the larger of $6,600.00 a year or 50 percent of the member's
average final compensation for any member or beneficiary who has completed
30 years or more of creditable service, nor less than a proportionate amount
thereof for any member or beneficiary who has completed at least five years,
but less than 30 years, of creditable service. For this purpose, any annuity
derived from the member's contributions transferred from the existing system
under section subsection 1934(c) of this title and from additional contributions
made under section subdivisions 1944(b)(5) and (6) of this title shall not be
included as part of the retirement allowance. Beginning September 1, 2006,
the service retirement allowance shall be not less than the larger of $9,000.00
per year or 50 percent of the member's average final compensation for any
member or beneficiary who has completed 30 years or more of creditable
service nor less than a proportionate amount thereof for any member or
beneficiary who has completed at least five years but less than 30 years of
creditable service. Beginning September 1, 2011, and on September 1 of every
fifth year thereafter, the minimum service retirement allowance shall be
increased by $1,000.
Sec. 7. 16 V.S.A. § 1944(b)(8) is amended to read:
(8) Any group A or group C member who has rendered 15 years of
creditable teaching service and who has, prior to becoming a member of the
system, served a minimum of one full year of full-time service in the military,
one full year of full-time service as a member of the Cadet Nurse Corps in
World War II, the Peace Corps, or VISTA for which the member has derived
no military or other pension benefits, may elect to have included in the
member’s creditable service all or any part of the member’s military or Cadet
Nurse Corps or Peace Corps or VISTA service not exceeding five years. Any
group A member who elects credit under this subdivision shall deposit in the
annuity savings fund by a single contribution an amount computed at regular
interest to be sufficient to provide at age 60 an annuity equal to one-one
hundred and twentieth of the member’s average final compensation multiplied
by the number of years of he service rendered for which the member elects to
receive credit. Any group A member who elects credit for service in the Cadet
Nurse Corps under this subdivision and any group C member who elects credit
under this subdivision shall deposit in the annuity savings fund by a single
contribution an amount computed at regular interest to be sufficient to provide
at normal retirement an annuity equal to 1-2/3 percent of the member’s average
final compensation multiplied by the number of years of the service for which
the member elects to receive credit. Notwithstanding the provisions of this
THURSDAY, MAY 4, 2006 1351
subdivision, any group C member who was a group B member and any group
A member shall, upon application, be granted up to three years of credit for
military service during the periods June 25, 1950 through January 31, 1955,
February 28, 1961 through August 4, 1964 if service was performed while in
what is now the Republic of Vietnam, and August 5, 1964 through May 7,
1975 and shall not be required to make a contribution, provided the member
has rendered 15 years of creditable teaching service and prior to becoming a
member served a minimum of one full year of full-time service in the military
for which he or she has derived no military pension benefits. Notwithstanding
the foregoing, in the event of a conflict between the provisions of this
subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of
the same full-time military service toward both military and state pensions, the
provisions of the United States Code shall control.
Sec. 8. MILITARY SERVICE CREDIT; ONE-TIME MILITARY STIPEND;
STATE EMPLOYEES; TEACHERS
(a) A beneficiary of the Vermont state retirement system who retired prior
to July 1, 2006 and who, prior to retirement, would have been otherwise
eligible for credit for military service in what is now the Republic of Vietnam
between February 28, 1961 through August 4, 1964, may apply to the
retirement board for a one-time military stipend by December 31, 2006. Upon
a determination that the beneficiary was eligible prior to retirement for a grant
of military service credit for service under this section, the beneficiary shall be
entitled to a stipend of $500.00 for each year served, up to a maximum of
$1,500.00. The stipend shall be pro-rated for partial years of service.
(b) A beneficiary of the state teachers’ retirement system of Vermont who
retired prior to July 1, 2006 and who, prior to retirement, would have been
otherwise eligible for credit for military service in what is now the Republic of
Vietnam between February 28, 1961 through August 4, 1964, may apply to the
retirement board for a one-time military stipend by December 31, 2006. Upon
a determination that the beneficiary was eligible prior to retirement for a grant
of military service credit for service under this section, the beneficiary shall be
entitled to a stipend of $500.00 for each year served, up to a maximum of
$1,500.00. The stipend shall be pro-rated for partial years of service.
JAMES C. CONDOS
WILLIAM T. DOYLE
M. JANE KITCHEL
Committee on the part of the Senate
1352 JOURNAL OF THE SENATE
KENNETH W. ATKINS
STEPHEN DATES
DEBBIE G. EVANS
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Bill Messaged
On motion of Senator Welch, the rules were suspended, and the following
bill was ordered messaged to the House forthwith:
H. 855.
Rules Suspended; Bills Delivered
On motion of Senator Welch, the rules were suspended, and the following
bills were ordered delivered to the Governor forthwith:
S. 124; S. 127; S. 158; S. 228; S. 284; S. 285; S. 302.
Bill Amended; Third Reading Ordered
S. 312.
Senate committee bill entitled:
An act relating to higher education.
Having appeared on the Calendar for notice for one day, was taken up.
Senator Kitchel, for the Committee on Appropriations to which the bill was
referred, reported recommending that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. COMMITTEE ON POSTSECONDARY EDUCATION
(a) The governor, the president pro tempore of the senate and the speaker
of the house of representatives shall jointly appoint 12 people to a committee
on postsecondary education. Members shall serve without compensation, and
the legislative council and the joint fiscal office shall provide staff services.
(b) The committee shall develop a plan which will ensure that Vermonters
have the opportunity to receive high quality postsecondary education and are
encouraged to live, work, and raise families in Vermont upon completion of
postsecondary training. The plan shall seek to:
THURSDAY, MAY 4, 2006 1353
(1) Integrate Vermont’s secondary and postsecondary workforce
training programs with Vermont’s university and college system as well as
secondary and postsecondary programs outside Vermont.
(2) Ensure that postsecondary education is affordable for all Vermonters
through use of options such as loan repayments, loan forgiveness, tax credits,
leveraging federal resources, and scholarships.
(3) Use strategic investments to ensure the financial vitality of the
Vermont state college system.
(4) Address the potential for strategic investments in the University of
Vermont to stimulate specific economic sectors which are particularly
appropriate for or unique to Vermont such as environmental technology.
(c) The plan shall include a funding level for implementation, shall identify
a sustainable funding source, and shall include a system for overseeing use of
the funds.
(d) On or before January 15, 2007, the committee shall present the plan to
the general assembly.
Sec. 2. 16 V.S.A. § 2887 is added to read:
§ 2887. VERMONT POSTSECONDARY EDUCATION FUND
(a) A Vermont postsecondary education fund is established in the office of
the state treasurer to be comprised of appropriations made by the general
assembly and grants, donations, or contributions from any other sources. The
fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32,
except that interest earned on the fund and any remaining balance shall be
retained in the fund.
(b) Annually, the general assembly shall appropriate moneys in the
postsecondary education fund to support integration of Vermont’s secondary
and postsecondary workforce training system with Vermont’s university and
college system, to enable Vermonters to attend postsecondary education at an
affordable cost to them, to ensure the financial viability of the Vermont state
college system, and for strategic investments in the University of Vermont to
stimulate specific economic sectors which are particularly appropriate for or
unique to Vermont.
Sec. 3. APPROPRIATION
The amount of $5,000,000.00 is appropriated from the fiscal year 2006
general fund surplus into the postsecondary education fund. However, no
moneys shall be withdrawn from the fund until a sustainable funding source is
1354 JOURNAL OF THE SENATE
identified pursuant to Sec. 1 of this act and has been put in place by the general
assembly.
And that when so amended the bill ought to pass.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, the recommendation of amendment was agreed to on a roll call, Yeas
20, Nays 5.
Senator Mullin having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Campbell,
Collins, Condos, Coppenrath*, Cummings, Doyle, Dunne, Gander, Giard,
Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Mazza, Sears, Snelling, Starr,
White.
Those Senators who voted in the negative were: Maynard, Mullin, Scott,
Shepard, Wilton**.
Those Senators absent and not voting were: Bartlett, Flanagan, Leddy,
Miller, Welch.
*Senator Coppenrath explained his vote as follows:
“Mr. President:
“I voted for the amendment because although I favored the Senate
Education Committee bill, it appeared that it would not pass. Therefore, I
voted yes to keep the scholarship program moving forward for the benefit of
Vermont students”
**Senator Wilton explained her vote as follows:
“I voted no to the Appropriations Committee amendment as I am concerned
about the delay in implementation of scholarships.”
Thereupon, pending the question, Shall the bill be read the third time?,
Senator Shepard moved to amend the proposal of amendment of the
Committee on Appropriations as follows:
In Sec. 1(a), after the word “people” by inserting the following: , including
representatives from both the business and education communities,
Which was agreed to.
Thereupon, third reading of the bill was ordered.
THURSDAY, MAY 4, 2006 1355
Joint Resolution Adopted on the Part of the Senate
J.R.S. 67.
Joint Senate resolution entitled:
J.R.S. 67. Joint resolution supporting the establishment of a Taiwan-United
States free trade agreement.
Having been placed on the Calendar for action, was taken up and adopted
on the part of the Senate.
Joint Resolution Adopted in Concurrence
J.R.H. 76.
Joint House resolution entitled:
Joint resolution urging Congress to promote and diversify the automotive
and machine-tool sectors of our national economy.
Having been placed on the Calendar for action, was taken up and adopted in
concurrence.
Rules Suspended; Bill Committed
H. 547.
Pending entry on the Calendar for notice, on motion of Senator Kitchel, the
rules were suspended and House bill entitled:
An act relating to adjustments to the retirement systems of state employees
and teachers.
Was taken up for immediate consideration.
Thereupon, pending the reading of the report of the Committee on
Government Operations, Senator Kitchel moved that Senate Rule 49 be
suspended in order to commit the bill to the Committee on Appropriations with
the report of the Committee on Government Operations intact,
Which was agreed to.
Rules Suspended; Bill Passed; Bill Messaged
S. 312.
Pending entry on the Calendar for action tomorrow, on motion of Senator
Campbell, the rules were suspended and House bill entitled:
An act relating to higher education.
Was placed on all remaining stages of its passage forthwith.
1356 JOURNAL OF THE SENATE
Thereupon, the bill was read the third time and passed.
Thereupon, on motion of Senator Campbell, the rules were suspended and
the bill was ordered messaged to the House forthwith.
Rules Suspended; Bill Messaged
On motion of Senator Campbell, the rules were suspended, and the
following bill was ordered messaged to the House forthwith:
H. 611.
Third Reading Ordered; Rules Suspended; Bill Passed; Bill Messaged
S. 320.
Senate committee bill entitled:
An act relating to an appropriation to the legislature.
Having appeared on the Calendar for notice for one day, was taken up.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
Thereupon, on motion of Senator Campbell, the rules were suspended and
the bill was placed on all remaining stages of its passage forthwith.
Thereupon, the bill was read the third time and passed.
Thereupon, on motion of Senator Campbell, the rules were suspended, and
the bill was ordered messaged to the House forthwith.
Message from the House No. 97
A message was received from the House of Representatives by Ms. Wrask,
its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered the report of
the Committee of Conference upon the disagreeing votes of the two Houses on
House bill of the following title:
H. 864. An act relating to capital construction and state bonding.
And has adopted the same on its part.
The House has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses on Senate bills of the following
titles:
S. 262. An act relating to expanding employer access to applicants’
criminal history records.
THURSDAY, MAY 4, 2006 1357
S. 265. An act relating to penalties for larceny crimes.
S. 292. An act relating to State Employee Labor Relations Act.
And has adopted the same on its part.
Message from the House No. 98
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered Senate
proposal of amendment to House bill of the following title:
H. 708. An act relating to providing the junkyards shall be regulated by the
secretary of natural resources instead of the agency of transportation.
And has concurred therein.
The House has considered Senate proposals of amendment to House bills of
the following titles:
H. 690. An act relating to the identification, documentation, and
advancement of the creative sector of the state’s economy.
And has refused to concur therein and asks for a Committee of Conference
upon the disagreeing votes of the two Houses;
And the Speaker has appointed as members of such Committee on the part
of the House
Rep. Condon of Colchester
Rep. Keenan of St. Albans City
Rep. Marcotte of Coventry
H. 859. An act relating to the energy security and reliability act.
And has refused to concur therein and asks for a Committee of Conference
upon the disagreeing votes of the two Houses;
And the Speaker has appointed as members of such Committee on the part
of the House
Rep. Dostis of Waterbury
Rep. Errecart of Shelburne
Rep. Klein of East Montpelier
The Governor has informed the House of Representatives that on the third
day of May, 2006, he approved and signed bills originating in the House of the
following titles:
1358 JOURNAL OF THE SENATE
H. 33. An act relating to the Uniform Mediation Act.
H. 538. An act relating to informing parents and students of their rights and
responsibilities under state and federal law.
The Governor has informed the House of Representatives that on the fourth
day of May, 2006, he approved and signed bills originating in the House of the
following titles:
H. 404. An act relating to access to mental health and substance abuse
providers.
H. 615. An act relating to the public records act and application of the
deliberative process privilege.
H. 794. An act relating to military service and professional regulation.
H. 877. An act relating to funding of regional technical center school
districts.
Adjournment
On motion of Senator Campbell, the Senate adjourned until eleven o’clock
and in the morning.
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