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House Calendar
Thursday, February 13, 2014
38th DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 809
Designation of new town centers and growth centers ....................... 572
Favorable with Amendment
H. 62
Prohibiting the handheld use of a portable electronic device while
driving ............................................................................................................ 572
Rep. Koch for Judiciary
Rep. McCarthy for Transportation ................................................................ 574
H. 640
Technical corrections ........................................................................ 574
Rep. Higley for Government Operations
Rep. Branagan for Ways and Means ............................................................. 585
Rep. Browning et al amendment ................................................................... 585
Rep. Browning amendment ........................................................................... 586
Rep. Pearson amendment .............................................................................. 586
Consent Calendar
H.C.R. 222
Commemorating the placement of a historic marker at Wagon
Wheels Farm in South Royalton .................................................................... 588
H.C.R. 223
Honoring Windsor civic leader John Tansey ............................ 589
H.C.R. 224
Congratulating Carole Lacasse on her Vermont State government
career ............................................................................................................. 589
H.C.R. 225
Designating February 7, 2014 as Wear Red Day ...................... 589
H.C.R. 226
Honoring Ruth Levin for her community service in the town of
Shaftsbury ...................................................................................................... 589
H.C.R. 227
Congratulating Vermont Standard publisher Phillip Camp on his
induction into the New England Newspaper Hall of Fame ........................... 589
H.C.R. 228
Congratulating Chris Braithwaite on his induction into the New
England Newspaper Hall of Fame and the Barton Chronicle on its 40th
anniversary .................................................................................................... 589
H.C.R. 229
Honoring Vermont Symphony Orchestra Chorus Director Robert
De Cormier on his remarkable career in the musical arts ............................. 589
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 809
An act relating to designation of new town centers and growth centers
Favorable with Amendment
H. 62
An act relating to prohibiting the handheld use of a portable electronic
device while driving
Rep. Koch of Barre Town,
for the Committee on
Judiciary,
recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1.
23 V.S.A. § 1095b is amended to read:
§ 1095b.
HANDHELD USE OF PORTABLE ELECTRONIC DEVICE IN
WORK ZONE PROHIBITED
(a) Definition. As used in this section, ―hands-free use‖ means the use of a
portable electronic device without use of either hand and outside the immediate
proximity of the user’s ear, by employing an internal feature of, or an
attachment to, the device.
(b)
Use of handheld portable electronic device in work zone prohibited.
A person shall not use a portable electronic device while operating a moving
motor vehicle within on a highway work zone in this State.
The prohibition of
this subsection shall not apply unless the work zone is properly designated
with warning devices in accordance with subdivision 4(5) of this title, and shall
not apply:
(1)
to hands-free use, or to use of the device to activate or deactivate
hands-free use; or
(2)
when use of a portable electronic device is necessary for a person to
communicate with law enforcement or emergency service personnel under
emergency circumstances;
(3)
to communications among law enforcement or emergency service
personnel in the performance of their official duties; or
(4)
to use of an ignition interlock device, as defined at 23 V.S.A. § 1200.
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(c)
Penalty.
A person who violates this section commits a traffic violation
and shall be subject to a penalty of not less than $100.00 and not more than
$200.00 upon adjudication of for a first violation, and of not less than $250.00
and not more than $500.00 upon adjudication of for a second or subsequent
violation within any two-year period.
(d)(1) Operators of commercial motor vehicles shall be governed by the
provisions of 23 V.S.A. chapter 39 (Commercial Driver License Act) instead
of the provisions of this chapter with respect to the handheld use of mobile
telephones, and texting, while operating a commercial motor vehicle.
(2)
A person shall not be issued more than one complaint for any
violation of this section, section 1095a of this title (junior operator use of
portable electronic devices), or section 1099 of this title (texting prohibited)
that arises from the same conduct.
Sec. 2.
23 V.S.A. § 2502 is amended to read:
§ 2502.
POINT ASSESSMENT; SCHEDULE
(a)
Any person operating a motor vehicle shall have points assessed against
his or her driving record for convictions for moving violations of the indicated
motor vehicle statutes in accord with the following schedule:
(All references
are to Title 23 of the Vermont Statutes Annotated.)
(1)
Two points assessed for:
* * *
(LL)(i)
§ 1095.
Entertainment picture visible to operator;
(ii)
§ 1095b.
Use of portable electronic device in work
zone— first offense;
* * *
(4)
Five points assessed for:
* * *
(D) § 1095b.
Use of portable electronic device in work
zone— second and subsequent offenses;
* * *
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Sec. 3.
23 V.S.A. § 1095a is amended to read:
§ 1095a.
JUNIOR OPERATOR USE OF PORTABLE ELECTRONIC
DEVICES
A person under 18 years of age shall not use any portable electronic device
as defined in subdivision 4(82) of this title while operating a moving motor
vehicle on a highway.
This prohibition shall not apply if it is necessary to
place an emergency 911 call:
(1)
when use of a portable electronic device is necessary for a person to
communicate with law enforcement or emergency service personnel under
emergency circumstances; or
(2)
to communications among law enforcement or emergency service
personnel in the performance of their official duties.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
Rep.
McCarthy
of
St.
Albans
City,
for
the
Committee
on
Transportation,
recommends the bill ought
to pass when amended as
recommended by the Committee on
Judiciary
and when further amended as
follows:
In Sec. 1, in 23 V.S.A. § 1095b(b)(1), by striking the following phrase: ―,
or to use of the device to activate or deactivate hands-free use‖
( Committee Vote: 10-0-1)
H. 640
An act relating to technical corrections
Rep. Higley of Lowell,
for the Committee on
Government Operations,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
3 V.S.A. § 253 is amended to read:
§ 253.
DEPUTY OFFICERS
* * *
(c)(1)
The Commissioner of Financial Regulation, with the approval of the
governor Governor, shall appoint a Deputy Commissioner of Banking, a
Deputy Commissioner of Insurance, a Deputy Commissioner of Captive
Insurance, and a
Deputy
Commissioner
of
Securities,
and
a
Deputy
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Commissioner of Health Care Administration.
The Commissioner of Financial
Regulation may remove the deputy commissioners at pleasure and shall be
responsible for their acts.
The functions and duties that relate to banks and
banking shall be in the charge of the Deputy Commissioner of Banking; those
that relate to the business of insurance shall be in the charge of the Deputy
Commissioner of Insurance; those that relate to the business of captive
insurance shall be in the charge of the Deputy Commissioner of Captive
Insurance; and those that relate to the business of securities shall be in the
charge of the Deputy Commissioner of Securities; and those that relate to
health care administration shall be in the charge of the Deputy Commissioner
of health care administration.
(2)
In the case of a vacancy in the Office of the Commissioner of
Financial Regulation, one of the deputies appointed by the Commissioner shall
assume and discharge the duties of that office until the vacancy is filled or the
Commissioner returns.
(d)
In case a vacancy occurs in the office of any appointing official who by
law is authorized to appoint a deputy, or such the official is absent, his or her
deputy shall assume and discharge the duties of such office until such the
vacancy is filled, or such the official returns.
In the case of a vacancy in the
office of the Commissioner of Financial Regulation, one of the deputies
appointed by the Commissioner shall assume and discharge the duties of that
office until the vacancy is filled or the Commissioner returns. In case a
vacancy occurs in the office of the Secretary of Agriculture, Food and Markets,
the Deputy Commissioner for administration and enforcement shall assume
and discharge the duties of the Secretary until such vacancy is filled, or the
Secretary returns.
(e)(1)
The Secretary of Agriculture, Food and Markets, with the approval
of the Governor, shall appoint a Deputy Commissioner for administration and
enforcement Secretary.
The Secretary of Agriculture, Food and Markets may
remove the Deputy Commissioner Secretary at pleasure, and he or she shall be
responsible for the Deputy Commissioner’s Secretary’s acts.
The Agency of
Agriculture, Food and Markets shall be so organized that, subject to the
supervision of the Secretary of Agriculture, Food and Markets, the functions
and duties that relate to administration and enforcement shall be in the charge
of the Deputy Commissioner of Administration and Enforcement Secretary.
(2)
In case a vacancy occurs in the Office of the Secretary of
Agriculture, Food and Markets, the Deputy Secretary shall assume and
discharge the duties of the Secretary until such vacancy is filled or the
Secretary returns.
* * *
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Sec. 2.
3 V.S.A. § 471(m) is amended to read:
(m)
The committee may authorize the loan of its securities pursuant to
securities lending agreements that provide for collateral consisting of cash or
securities issued or guaranteed by the United States U.S. government or its
agencies equal to 100 percent or more of the market value of the loaned
securities.
Cash collateral may be invested by the lending institution in
investments approved by the state treasurer State Treasurer.
Approval of
investments shall be made in accordance with the standard of care established
by the prudent investor rule under chapter 147 of Title 9 14A V.S.A. chapter 9.
Sec. 3.
3 V.S.A. § 472(a) is amended to read:
(a)
The members of the Vermont pension investment committee Pension
Investment Committee established in chapter 17 of this title shall be the
trustees of the funds created by this subchapter, 16 V.S.A. chapter 55 of
Title 16, and 24 V.S.A. chapter 125 of Title 24, and with respect to them may
invest and reinvest the assets of the fund Fund, and hold, purchase, sell, assign,
transfer, and dispose of the securities and investments in which the assets of
the fund Fund have been invested and reinvested.
Investments shall be made
in accordance with the standard of care established by the prudent investor rule
under chapter 147 of Title 9 14A V.S.A. chapter 9.
Sec. 4.
3 V.S.A. § 479(d) is amended to read:
(d)
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.
* * *
Sec. 5.
10 V.S.A. § 543(f)(3) is added to read:
(3)
Apprenticeship Program.
The Vermont Apprenticeship Program
established under 21 V.S.A. chapter 13.
Awards under this subdivision may be
used to fund the cost of apprenticeship-related instruction provided by the
Department of Labor.
Sec. 6.
10 V.S.A. § 905b(18) is amended to read:
(18)
study and investigate the wetlands of the State and cooperate with
municipalities, the general public, other agencies, and the Board in collecting
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and compiling data relating to wetlands, propose to the Board specific
wetlands to be designated as Class I wetlands, issue or deny permits pursuant
to section 913 of this title and the rules authorized by this subdivision, issue
wetland determinations pursuant to section 914 of this title, issue orders
pursuant to section 1272 of this title, and in accordance with 3 V.S.A.
chapter 25, adopt rules to address the following:
* * *
Sec. 7.
10 V.S.A. § 1080 is amended to read:
§ 1080.
DEFINITIONS
As used in this chapter:
* * *
(4) ―Engineer‖ means a professional engineer registered licensed under
Title 26 who has experience in the design and investigation of dams.
* * *
Sec. 8.
10 V.S.A. § 1087 is amended to read:
§ 1087.
REVIEW OF PLANS AND SPECIFICATIONS
Upon receipt of an application, the state State agency having jurisdiction
shall employ a registered licensed engineer experienced in the design and
investigation of dams to investigate the property, review the plans and
specifications, and make additional investigations as it considers necessary to
ensure that the project adequately provides for the public safety.
The engineer
shall report his or her findings to the agency.
Sec. 9.
10 V.S.A. § 1090 is amended to read:
§ 1090.
CONSTRUCTION SUPERVISION
The construction, alteration or other action authorized in section 1086 of
this title shall be supervised by a registered licensed engineer employed by the
applicant.
Upon completion of the authorized project, the engineer shall
certify to the agency having jurisdiction that the project has been completed in
conformance with the approved plans and specifications.
Sec. 10.
10 V.S.A. § 1105 is amended to read:
§ 1105.
INSPECTION OF DAMS
The state State agency having jurisdiction shall employ an engineer to make
periodic inspections of nonfederal dams in the state State to determine their
condition and the extent, if any, to which they pose a potential or actual threat
to life and property, or shall promulgate adopt rules pursuant to 3 V.S.A.
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chapter 25 of Title 3 to require an adequate level of inspection by an
independent registered licensed engineer
experienced
in
the
design
and
investigation of dams.
The agency shall provide the owner with the findings of
the inspection and any recommendations.
Sec. 11.
10 V.S.A. § 4255(a) is amended to read:
(a)
Vermont residents may apply for licenses on forms provided by the
Commissioner.
Fees for each license shall be:
(1)
Fishing license
$25.00
(2)
Hunting license
$25.00
(3)
Combination hunting and fishing license
$40.00
(4)
Big game licenses (all require a hunting license)
(A)
archery license
$23.00
(B)
muzzle loader license
$23.00
(C)
turkey license
$23.00
(D)
second muzzle loader license [Repealed.]
$17.00
(E)
second archery license [Repealed.]
$17.00
(F)
moose license
$100.00
(G)
early season bear tag
$5.00
(H)
additional deer archery tag
$23.00
* * *
Sec. 12.
13 V.S.A. § 3255(b) is amended to read:
(b)
In a prosecution for a crime defined in this chapter and in a prosecution
pursuant to sections 2601 and 2602 of this title, for human trafficking or
aggravated human trafficking under chapter 60 of this title, or for abuse or
exploitation of a vulnerable adult under 33 V.S.A. § 6913(b), if a defendant
proposes to offer evidence described in subdivision (a)(3) of this section, the
defendant shall prior to the introduction of such evidence file written notice of
intent to introduce that evidence, and the Court shall order an in camera
hearing to determine its admissibility.
All objections to materiality, credibility,
and probative value shall be stated on the record by the prosecutor at the in
camera hearing, and the Court shall rule on the objections forthwith, and prior
to the taking of any other evidence.
Sec. 13.
16 V.S.A. § 1943(a) is amended to read:
- 579 -
(a)
The members of the Vermont pension investment committee Pension
Investment Committee established in 3 V.S.A. chapter 17 shall be the trustees
of the fund created by this subchapter, and with respect to them may invest and
reinvest the assets of the fund Fund, and hold, purchase, sell, assign, transfer,
and dispose of the securities and investments in which the assets of the fund
Fund have been invested and reinvested.
Investments shall be made in
accordance with the standard of care established by the prudent investor rule
Sec. 14.
18 V.S.A. § 7505(a) is amended to read:
(a)
In emergency circumstances where a certification by a physician is not
available
without
serious
and
unreasonable
delay,
and
when
personal
observation of the conduct of a person constitutes reasonable grounds to
believe that the person is a person in need of treatment, and he or she presents
an immediate risk of serious injury to himself or herself or others if not
restrained, a law enforcement officer or mental health professional may make
an application, not accompanied by a physician’s certificate, to any district or
superior Superior judge for a warrant for an immediate examination.
Sec. 15.
18 V.S.A. § 7801(a) is amended to read:
(a)
A patient who has been ordered hospitalized may apply for discharge to
the criminal division Family Division of the superior court Superior Court
within which the hospital is located.
A patient who has been ordered to receive
treatment other than hospitalization may apply for discharge to the criminal
division Family Division of the superior court Superior Court which originally
entered the order; the court Court in its discretion may transfer the matter, for
the convenience of witnesses or for other reasons, to the criminal division
Family Division of the superior court Superior Court within which the
treatment is centered or in which the patient resides.
Applications may be
made no sooner than 90 days after the issuance of an order of continued
treatment or no sooner than six months after the filing of a previous application
under this section.
Sec. 16.
18 V.S.A. § 7802 is amended to read:
§ 7802.
ADMINISTRATIVE REVIEW
The head of the hospital and the board shall cause the condition of every
patient to be reviewed as regularly as practicable, but not less often than every
six months, and whenever the head of a hospital or the board certifies that the
patient is not a patient in need of further treatment, the patient shall be
discharged.
If requested by the patient all hearings by the board on the issue of
granting a discharge shall be on reasonable notice to the patient’s attorney who
shall be afforded an opportunity to attend.
In the absence of any attorney, the
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board shall notify the criminal division Family Division of the superior court
Superior Court and an attorney shall be appointed as provided in section 7111
of this title.
Sec. 17.
18 V.S.A. § 9352(c) is amended to read:
(c)
Health information exchange operation.
VITL shall be designated in
the Health Information Technology Plan pursuant to section 9351 of this title
to operate the exclusive statewide health information exchange network for
this State.
The Secretary of Administration or designee shall enter into
procurement grant agreements with VITL pursuant to 8 V.S.A. § 4089k
Nothing in this chapter shall impede local community
providers from the exchange of electronic medical data.
Sec. 18.
19 V.S.A. § 38(a)(2) is amended to read:
(2)
a representative from the Division of for Historic Preservation
appointed by the Secretary of Commerce and Community Development;
Sec. 19.
20 V.S.A. § 3817 is amended to read:
§ 3817.
RULES ADOPTION AUTHORITY
The agency of agriculture, food and markets Agency of Human Services
may adopt rules to implement this subchapter.
Sec. 20.
21 V.S.A. § 2002(3) is amended to read:
(3)
―Full-time equivalent‖ or ―FTE‖ means the number of employees
expressed as the number of employee hours worked during a calendar quarter
divided by 520. ―Full-time equivalent‖ shall not include any employee hours
attributable to a seasonal employee or part-time employee of an employer who
offers health care coverage to all of its regular full-time employees, provided
that the seasonal employee or part-time employee has health care coverage
under either a private or any public plan except VHAP or Medicaid.
Sec. 21.
23 V.S.A. § 3318(c) is amended to read:
(c)
The provisions of this subchapter and the rules adopted pursuant to this
subchapter shall be enforced by law enforcement officers as defined in section
3302 of this title in accordance with the provisions of 12 V.S.A. chapter 193,
and they may also enforce the provisions of 10 V.S.A. § 1266 1454 and the
rules adopted pursuant to 10 V.S.A. § 1424.
With respect to the provisions of
10 V.S.A. § 1266 1454
and the rules adopted pursuant to 10 V.S.A. § 1424,
whenever a penalty for a violation of such a rule is not otherwise established,
three superior Superior judges appointed by the Court Administrator shall
establish a schedule, within the limits prescribed by law, of the penalty to be
imposed.
Any law enforcement officer who issues a complaint shall advise the
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defendant of the schedule of penalties and show the defendant a copy of the
schedule.
Sec. 22.
23 V.S.A. § 4103(4)(B)(iv) is amended to read:
(iv)
farm vehicles, which are vehicles:
(I)
controlled and operated by a farmer;
(II)
used
to
transport
either
agricultural
products,
farm
machinery, farm supplies or both, or any of these to or from a farm;
(III)
not used in the operations of a common or contract motor
carrier; and
(IV)
used within 150 miles of the farm.
Sec. 23.
24 V.S.A. § 3269(d) is amended to read:
(d)
The reserve fund Reserve Fund shall be capitalized in accordance with
standards
and
procedures
approved
by
the
Commissioner
of
Financial
Regulation to cover expected foreclosures and fund administration costs based
on good lending practice experience.
Interest earned shall remain in the fund
Fund.
The administrator of the reserve fund Reserve Fund shall invest and
reinvest the moneys monies in the fund Fund and hold, purchase, sell, assign,
transfer, and dispose of the investments in accordance with the standard of care
established
by
the
Prudent
Investor
Rule
under 9 V.S.A.
chapter
147
14A V.S.A. chapter 9.
The administrator shall apply the same investment
objectives and policies adopted by the Vermont State Employees’ Retirement
System, where appropriate, to the investment of moneys monies in the fund
Fund.
Sec. 24.
24 V.S.A. § 3270(c) is amended to read:
(c)
At the direction of the Treasurer, a sum shall be transferred to the fund
Fund from moneys monies deposited into the Energy Efficiency Fund pursuant
to 30 V.S.A. § 209(d)(7) 30 V.S.A. § 209(e)(1)(A) (net capacity savings
payments) and (8)(B) (net revenues from the sale of carbon credits).
* * *
Sec. 25.
24 V.S.A. § 4306(b)(2) is amended to read:
(2)
Disbursement to municipalities shall be awarded annually on or
before December 31 through a competitive program administered by the
Department of Housing and Community Affairs providing the opportunity for
any eligible municipality or municipalities to compete regardless of size,
provided that to receive funds, a municipality:
* * *
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Sec. 26.
24 V.S.A. § 4471(e) is amended to read:
(e)
Vermont
neighborhood.
Neighborhood
development
area.
Notwithstanding
subsection
(a)
of
this
section,
a
determination by
an
appropriate municipal panel shall not be subject to appeal if the determination
is that a proposed residential development within a designated downtown
development
district,
designated
growth
center, or designated
Vermont
neighborhood,
or
designated neighborhood
development
area seeking
conditional use approval will not result in an undue adverse effect on the
character of the area affected, as provided in subdivision 4414(3)(A)(ii) of this
title.
Sec. 27.
24 V.S.A. § 4472(b) is amended to read:
(b)
The remedy of an interested person with respect to the constitutionality
of any one or more of the provisions of any bylaw or municipal plan shall be
governed by the Vermont Rules of Civil Procedure with a de novo trial in the
Civil Division of the Superior Court, unless the issue arises in the context of
another case under this chapter, in which instance it may be raised in the
Environmental Division.
In such cases, hearings before the appropriate
municipal panel shall not be required.
This section shall not limit the authority
of the Attorney General to bring an action before the Environmental Division
under section 4453 of this title, with respect to challenges to housing
provisions in bylaws.
Sec. 28.
24 V.S.A. § 5062(o) is amended to read:
(o)
The Vermont Pension Investment Committee may authorize the loan of
its securities pursuant to securities lending agreements that provide for
collateral consisting of cash or securities issued or guaranteed by the United
States U.S. government or its agencies equal to 100 percent or more of the
market value of the loaned securities.
Cash collateral may be invested by the
lending institution in investments approved by the State Treasurer.
Approval
of investments shall be made in accordance with the standard of care
established
by
the
prudent
investor
rule
under 9
V.S.A.
chapter
147
14A V.S.A. chapter 9.
Sec. 29.
24 V.S.A. § 5088(5) is amended to read:
(5)
A ―public transit service‖ means any fixed route, paratransit,
transportation
brokerage,
user-side
subsidy, and or
rideshare/ride-match
program which is available to any person upon payment of the proper fare, and
which is promoted to be available to all members of the public, including those
with special needs.
Sec. 30.
30 V.S.A. § 8015(d)(3) is amended to read:
- 583 -
(3)
A The Fund may issue a grant in lieu of a solar energy tax credit in
accordance with 32 V.S.A. § 5930z(f).
Of any Fund moneys monies
unencumbered by such grants, the first $2.3 million shall fund the Small-scale
Renewable Energy Incentive Program described in subdivision (1)(E)(ii) of
this subsection.
Sec. 31.
32 V.S.A. § 434 is amended to read:
§ 434.
INVESTMENT OF CERTAIN FUNDS
(a)(1)
A ―Trust Investment Account‖ is hereby created to maximize the
earnings of individual funds by
associating them together for
common
investment.
* * *
(3)
The State Treasurer may invest and reinvest the funds in the account
Account,
and
hold,
purchase,
sell,
assign,
transfer,
and
dispose
of
the
investments in accordance with the standard of care established by the prudent
investor rule under 9 V.S.A. chapter 147 14A V.S.A. chapter 9.
The Treasurer
shall apply the same investment objectives and policies adopted by the
Vermont State Employees’ Retirement System, where appropriate, to the
investment of funds in the Trust Investment Account.
* * *
(b)
The State Treasurer may invest and reinvest the monies deposited into
the Tobacco Litigation Settlement Fund established by section 435a of this
title, and may hold, purchase, sell, assign, transfer, and dispose of the
investments in accordance with the standard of care established by the prudent
investor rule under 9 V.S.A. chapter 147 14A V.S.A. chapter 9.
Sec. 32.
32 V.S.A. § 1261(a) is amended to read:
(a)
Unless otherwise provided, all persons in the employ of the state State
when away from home and office on official duties shall be reimbursed for
expenses necessarily incurred for travel, subsistence, postage, telephone,
telegraph, express, and incidentals which shall be paid out of the biennial
appropriation made for the support of their respective departments.
Nothing
contained herein shall authorize payment to an administrative official or
employee, except the Governor, for travel between his or her place of
residence and office, or subsistence thereat except for mileage reimbursement
when an employee is called in and required to work at any time other than
continuously into his or her normally scheduled shift.
Compensation for
subsistence, travel, and other expenses occurring while conducting business for
the State shall be the subject of collective bargaining as defined in 3 V.S.A.
§ 904(a).
Whenever it shall be necessary to effect the transfer of an employee
- 584 -
of the State from one official station to another by direction of the head of a
department, said employee shall be reimbursed for his or her reasonable and
necessary moving expenses actually incurred.
However, the reasonableness of
said the expense shall be determined by the Commissioner of Finance and
Management and no such expense shall be allowed unless the transfer is made
for the convenience of the State and in no event where it is effected for the
convenience or at the request of the employee.
Such expense when allowed
shall be paid out of the biennial appropriation made for the support of the
respective departments.
When an administrative official or employee works
out of his or her home in the usual course of employment rather than out of an
office, he or she shall be reimbursed for expenses in the same manner as
though he or she were working out of an office and for the purposes of this
section, his or her home shall be considered as his or her office.
Sec. 33.
CAMPAIGN FINANCE; CONTRIBUTION LIMITS;
TRANSITIONAL PROVISION
Notwithstanding
the
provisions
of
2014
Acts
and
Resolves
No.
90
(campaign finance (S.82)), Secs. 2 (repeal of 17 V.S.A. chapter 59) and 8
(effective dates; transitional provisions), the provisions of 17 V.S.A. § 2805(a),
(b), (f), (g), and (h) (limitations of contributions), as administered and enforced
by the State immediately prior to the effective date of 2014 Acts and Resolves
No. 90, Sec. 2, shall continue to apply to elections in the State from the
effective date of 2014 Acts and Resolves No. 90, Sec. 2 until the effective date
of 2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941 (limitations of
contributions).
Sec. 34.
REPEALS
The following are repealed:
(1)
2009 Special Session Acts and Resolves No. 1, Sec. H.7 (directing
the Legislative Council to revise the Vermont Statutes Annotated to reflect the
redesignation of the Department of Taxes as the Department of Revenue).
(2)
3 V.S.A. § 252 (cost of bonds; blanket bond).
(3)
3 V.S.A. § 3083 (Department of Developmental and Mental Health
Services).
(4) 10 V.S.A. § 902(10) (definition of ―Panel‖).
(5)
10 V.S.A. § 914(e) (wetland determination provision).
(6)
24 V.S.A. § 2408 (land acquired by virtue of the provisions of
24 V.S.A. § 2407).
(7)
30 V.S.A. § 8004(f) (report requirement).
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Sec. 35.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
Rep. Branagan of Georgia,
for the Committee on
Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committee on
Government Operations.
(Committee Vote: 11-0-0)
Amendment to be offered by Reps. Browning of Arlington and Davis of
Washington to the recommendation of amendment of the Committee on
Government Operations to H. 640
That the report of the Committee on Government Operations be amended
by striking out Sec. 35 (effective date) in its entirety and inserting in lieu
thereof the following:
Sec. 35.
2014 Acts and Resolves No. 90 (campaign finance (S.82)), Sec. 3
(adding 17 V.S.A. chapter 61 (campaign finance)), 17 V.S.A. § 2941(a)(1)(B)
(limits on contributions to a candidate for State Representative or for local
office from a political party) is amended to read:
(B)
Such a candidate may accept unlimited contributions $5,000.00
from a political party.
Sec. 36.
2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941(a)(2)(B)
(limits on contributions to a candidate for State Senator or for county office
from a political party) is amended to read:
(B)
Such a candidate may accept unlimited contributions $8,000.00
from a political party.
Sec. 37.
2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941(a)(3)(B)
(limits on contributions to a statewide candidate from a political party) is
amended to read:
(B)
Such a candidate may accept unlimited contributions $90,000.00
from a political party.
Sec. 38.
2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941(a)(5)
(limits on contributions to a political party) is amended to read:
(5)
A political party shall not accept contributions totaling more than:
(A)
$10,000.00 $4,000.00 from a single source;
(B)
$10,000.00 $4,000.00 from a political committee; or
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(C)
$60,000.00 $40,000.00 from a political party.
Sec. 39.
2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941(a)(6)
(aggregate contribution limits on single sources) is amended to read:
(6)
A single source shall not contribute more than an aggregate of:
(A)
$40,000.00 $30,000.00 to candidates; and
(B)
$40,000.00 $30,000.00 to political committees.
Sec. 40.
17 V.S.A. § 2963(a)(1) (campaign finance reports; contributor
information) is amended to read:
(1)
the full name, town of residence, and mailing address, occupation,
and employer of each contributor who contributes an amount in excess of
$100.00, the date of the contribution, and the amount contributed;
Sec. 41.
EFFECTIVE DATE
This act shall take effect on passage.
Amendment to be offered by Rep. Browning of Arlington to the
recommendation
of
amendment
of
the
Committee
on Government
Operations to H. 640
That the report of the Committee on Government Operations be amended
by inserting a new section to be Sec. 33a to read:
Sec. 33a.
17 V.S.A. § 2963(a)(1) (campaign reports; contributor information)
is amended to read:
(1)(A)
the full name, town of residence, and mailing address of each
contributor who contributes an amount in excess of $100.00, the date of the
contribution, and the amount contributed; and
(B)
in addition to the information required to be reported under
subdivision (A) of this subdivision (1), the occupation and employer of each
contributor who contributes an amount in excess of $400.00;
Amendment to be offered by Rep. Pearson of Burlington to the
recommendation
of
amendment
of
the
Committee
on Government
Operations to H. 640
That the report of the Committee on Government Operations be amended
by striking out Sec. 35 (effective date) and inserting in lieu thereof the
following:
Sec. 35.
17 V.S.A. § 2901(19) is added to read:
(19) ―Separate segregated fund‖ means a bank account held separately
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from the general treasury of a corporation or labor union and which contains
only contributions made by natural persons within the contribution limits of
this chapter for those persons.
Sec. 36.
17 V.S.A. § 2926 is added to read:
§ 2926.
REQUIREMENTS FOR SEPARATE SEGREGATED FUNDS
(a)
The separate segregated fund of a corporation or labor union shall be
considered a political committee.
(b)
Only a natural person may make a contribution to a separate segregated
fund.
(c)
A separate segregated fund may be used only to make contributions to
candidates, political committees, or political parties.
Sec. 37.
17 V.S.A. § 2950 is added to read:
§ 2950.
LIMITATIONS ON CONTRIBUTIONS; CORPORATIONS AND
LABOR UNIONS; SEPARATE SEGREGATED FUNDS
(a)
Notwithstanding any provision of law to the contrary and except as
provided in subsection (b) of this section, a corporation or labor union shall not
make a contribution to a candidate, political committee, or political party.
(b)(1)
A corporation or labor union may:
(A)
establish a separate segregated fund that may contribute to
candidates, political committees, and political parties; and
(B)
provide its meeting facilities to a candidate, political committee,
or political party on a nondiscriminatory and nonpreferential basis.
(2)
A corporation may use money, property, labor, or any other thing of
monetary
value
of
the
corporation
for
the
purposes
of
soliciting
its
stockholders,
executive
or
administrative
personnel,
and
the
immediate
families of those persons for contributions to the corporation’s separate
segregated
fund
and
for
financing
the
administration
of
that
separate
segregated fund. The corporation’s employees and the immediate families of
those employees to whom the foregoing authority does not extend may only be
solicited in writing, and such solicitations may only take place two times in a
calendar year.
(3)
A labor union may use money, property, labor, or any other thing of
monetary value of the labor union for the purposes of soliciting its members,
executive or administrative personnel, and the immediate families of those
persons for contributions to the labor union’s separate segregated fund and for
financing the administration of that separate segregated fund.
The labor
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union’s employees and the immediate families of those employees to whom
the foregoing authority does not extend and stockholders and their immediate
families of a corporation in which the labor union represents members working
for the corporation may only be solicited in writing, and such solicitations may
only take place two times in a calendar year.
(c)
Notwithstanding any provision of law to the contrary, a candidate,
political committee, or political party shall not accept a contribution from a
corporation or labor union except from the separate segregated fund of that
corporation or labor union.
(d)
The provisions of this section shall not apply to a non-profit corporation
that:
(1)
is not organized or operating for the principal purpose of conducting
a business;
(2)
has no shareholders or other persons affiliated so as to have a claim
on its assets or earnings; and
(3)
was not established by a business corporation or a labor union and
has a policy not to accept significant contributions from those entities.
(e) As used in this section, ―immediate families‖ means the spouse and the
father, mother, sons, and daughters who live in the same household as a
corporation
or
labor
union’s
stockholder,
executive
or
administrative
personnel, member, or employee.
Sec. 38.
EFFECTIVE DATE
This act shall take effect on passage.
Consent Calendar
Concurrent Resolutions
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative requests floor consideration before the end of the session of the
next legislative day.
Requests for floor consideration in either chamber should
be communicated to the Secretary’s office and/or the House Clerk’s office,
respectively.
For text of resolutions, see Addendum to House Calendar and
Senate Calendar.
H.C.R. 222
House concurrent resolution commemorating the placement of a historic
marker at Wagon Wheels Farm in South Royalton
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H.C.R. 223
House concurrent resolution honoring Windsor civic leader John Tansey
H.C.R. 224
House concurrent resolution congratulating Carole Lacasse on her Vermont
State government career
H.C.R. 225
House concurrent resolution designating February 7, 2014 as Wear Red Day
H.C.R. 226
House concurrent resolution honoring Ruth Levin for her community service
in the town of Shaftsbury
H.C.R. 227
House concurrent resolution congratulating
Vermont Standard
publisher
Phillip Camp on his induction into the New England Newspaper Hall of Fame
H.C.R. 228
House concurrent resolution congratulating Chris Braithwaite on his induction
into the New England Newspaper Hall of Fame and the
Barton Chronicle
on
its 40th anniversary
H.C.R. 229
House concurrent resolution honoring Vermont Symphony Orchestra Chorus
Director Robert De Cormier on his remarkable career in the musical arts
Public Hearings
February 13, 2014 - House Chamber - 7:00-9:00 pm - H. 586 - Improving the
Quality of State Waters - House Agriculture and Forest Products
PUBLIC HEARING
Public Hearing on the Governor’s Proposed Fiscal Year 2015 State
Budget
For Advocates
House Committee on Appropriations
Tuesday, February 18, 2014, 11:00 a.m. - 12:00 p.m. or Friday, February
21, 2014,
1:00 – 2:30 p.m. –
The House Committee on Appropriations will
hold a public hearing for advocates in room 11 of the State House on the
Governor’s proposed FY2015 state budget. Please sign up in advance, with
Theresa Utton-Jerman at (802) 828-5767 or
tutton@leg.state.vt.us
or in room
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40.
The Governor’s budget proposal can be viewed at the Department of
Finance & Management’s website:
http://finance.vermont.gov/state_budget/rec
.
Individual department budgets that have been made available can be viewed
at the Joint Fiscal Office’s website:
http://www.leg.state.vt.us/jfo/dept_budgets_fy_2015.aspx
.
February 19, 2014 - Room 11 - 7:00p,- 8:30pm - Judicial retention - Joint
Committee on Judicial Retention
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(c) during the second year of the biennium, except with
the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.
If you are planning on a resolution for presentation at your Town Meeting,
please see Michael Chernick with your information by February 14th
or sooner, if possible.
This will allow sufficient time for processing
and passage by both bodies.
Thank you.
Joint Assembly
February 20, 2014 - 10:30 A.M. – Election of two (2) trustees for the
Vermont State Colleges Corporation.
Candidates for the positions of trustee must notify the Secretary of State
in
writing
not later than February 13, 2014 , by 4:30 P.M. pursuant to the
provisions of 2 V.S.A. §12(b). Otherwise their names will not appear on the
ballots for these positions.
Do not use pink mail to deliver notification to the
Secretary of State.
Hand delivery is the best method to insure notification has
been received.
The following rules shall apply to the conduct of these elections:
First:
All nominations for these offices will be presented in alphabetical
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order prior to voting.
Second:
There will be only one nominating speech of not more than three
(3) minutes and not more than two seconding speeches of not more than one
(1) minute each for each nominee.