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House Calendar
Friday, February 14, 2014
39th DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 62
Prohibiting the handheld use of a portable electronic device while
driving ............................................................................................................ 592
Rep. Zagar et al Amendment ......................................................................... 592
Rep. Van Wyck et al Amendment ................................................................. 592
Rep. Bouchard Amendment .......................................................................... 593
H. 640
Technical corrections ........................................................................ 593
NOTICE CALENDAR
Favorable with Amendment
H. 589
Hunting, fishing, and trapping ........................................................... 593
Rep. Huntley for Fish, Wildlife and Water Resources
H. 795
Victim’s compensation and restitution procedures ........................... 603
Rep. Fay for Judiciary
Consent Calendar
H.C.R. 222
Commemorating the placement of a historic marker at Wagon
Wheels Farm in South Royalton .................................................................... 609
H.C.R. 223
Honoring Windsor civic leader John Tansey ............................ 609
H.C.R. 224
Congratulating Carole Lacasse on her Vermont State government
career ............................................................................................................. 609
H.C.R. 225
Designating February 7, 2014 as Wear Red Day ...................... 609
H.C.R. 226
Honoring Ruth Levin for her community service in the town of
Shaftsbury ...................................................................................................... 609
H.C.R. 227
Congratulating Vermont Standard publisher Phillip Camp on his
induction into the New England Newspaper Hall of Fame ........................... 609
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 .................................................................................................... 609
H.C.R. 229
Honoring Vermont Symphony Orchestra Chorus Director Robert
De Cormier on his remarkable career in the musical arts ............................. 609
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 62
An act relating to prohibiting the handheld use of a portable electronic device
while driving
Amendment to be offered by Reps. Zagar of Barnard, Donahue of
Northfield, Michelsen of Hardwick, and Pearson of Burlington to H. 62
In Sec. 1, in 23 V.S.A. § 1095b(b), by striking subdivisions (1)–(4) in their
entirety and inserting in lieu thereof the following:
(1)
to hands-free use; or
(2)
to use of the device to activate or deactivate hands-free use as long
as the device is in a cradle or otherwise securely mounted in the vehicle;
(2)(3)
when use of a portable electronic device is necessary for a person
to communicate with law enforcement or emergency service personnel under
emergency circumstances;
(4)
to communications among law enforcement or emergency service
personnel in the performance of their official duties; or
(5)
to use of an ignition interlock device, as defined at 23 V.S.A. § 1200.
Amendment to be offered by Reps. Van Wyck of Ferrisburgh, Christie
of Hartford, and Donahue of Northfield to H. 62
First:
In Sec. 1, in 23 V.S.A. § 1095b(b)(3), by striking the word ―or‖ at the
end of the sentence
Second:
In Sec. 1, in 23 V.S.A. § 1095b(b)(4), by deleting the period at the
end of the sentence and inserting in lieu thereof ―; or‖
Third:
In Sec. 1, by inserting 23 V.S.A. § 1095b(b)(5) to read:
(5)
to use of a portable electronic device by an operator of a registered
farm truck or a farm truck or farm tractor not required to be registered, if:
(A)
the farm truck or farm tractor is being used in connection with
the operation of a farm; and
(B)
the device is used to receive a communication relating to the
dispatch of the farm truck or farm tractor to a work location.
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Amendment to be offered by Rep. Bouchard of Colchester to H. 62
First:
In Sec. 1, by adding 23 V.S.A. § 1095b(e) to read:
(e)
A person convicted of violating this section in a work zone properly
designated with warning devices in accordance with subdivision 4(5) of this
title shall be subject to an assessment of four points against his or her driving
record;
Second:
In Sec. 2, in 23 V.S.A. § 2502(a)(1)(LL)(ii), by striking the
following: ―—first offense‖
Third:
In Sec. 2, by repealing 23 V.S.A. § 2502(a)(4)(D)
Fourth: In Sec. 2, immediately before 23 V.S.A. § 2502(a)(1)(4), by
inserting the following:
(3)
Four points assessed for:
(A)
§ 1012.
Failure to obey enforcement officer;
(B)
§ 1013.
Authority of enforcement officers;
(C)
§ 1051.
Failure to yield to pedestrian;
(D)
§ 1057.
Failure to yield to blind persons;
(E)
§ 1095b(e)
Use of portable electronic device in work
zone;
H. 640
An act relating to technical corrections
NOTICE CALENDAR
Favorable with Amendment
H. 589
An act relating to hunting, fishing, and trapping
Rep. Huntley of Cavendish,
for the Committee on
Fish, Wildlife &
Water Resources,
recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
*
*
*
Transport,
Possession,
or
Fencing
of
Nonnative
or
Native Species * * *
Sec. 1.
10 V.S.A. § 4001 is amended to read:
§ 4001.
DEFINITIONS
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Words and phrases used in this part, unless otherwise provided, shall be
construed to mean as follows:
* * *
(38)
Captive hunt facility:
any enclosure created by the use of fences,
man-made structures, or natural barriers where animals are confined for the
purpose of taking or attempting to take an animal by hunting.
Captive hunt
facility shall not mean activities covered by the Commissioner of Fish and
Wildlife’s rules for the training of dogs or for the regulation of regulated
shooting grounds.
(39)
Enclosure:
means a structure designed to restrict the free
movement of animals and the area within that structure.
Sec. 2.
10 V.S.A. § 4253 is amended to read:
§ 4253.
LANDOWNER; FAMILY; EXCEPTION
(a)
A resident owner of lands, his or her spouse, and their minor children
may, without procuring a license under this chapter, take fish from the waters
therein, shoot pickerel, and take wild animals or wild birds therein subject to
the provisions of this part.
(b)
A nonresident owner of lands, his or her spouse, and their minor
children, may without procuring a license under this chapter, take fish from the
waters therein, shoot pickerel, and take wild animals or wild birds thereon
subject to the provisions of this part, except if the lands are posted under
provisions other than section 4710 of this title.
(c)
As used in this section, ―post‖ means any signage that would lead a
reasonable person to believe that hunting is prohibited on the land.
(d)
Nothing in this section shall be construed to:
(1)
exempt a captive hunt facility from the permitting requirements
adopted under the rules of the Fish and Wildlife Board; or
(2)
without a permit from the Commissioner of Fish and Wildlife, allow
any person, including a hunt club, hunting association, or multiple landowners,
to transport, possess, or fence any animal for the purpose of taking or
attempting to take the animal by hunting.
* * * Hunting or Fishing License For Disabled Veterans * * *
Sec. 3.
10 V.S.A. § 4255(c) is amended to read:
(c)
A permanent or free license may be secured on application to the
department Department by a person qualifying as follows:
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* * *
(4)
A Vermont resident who is a veteran of the armed forces of the
United States U.S. Armed Forces and who is, or ever has been, 100 60 percent
disabled as a result of a service-connected disability may receive a free fishing,
hunting, or combination hunting and fishing license which shall include all big
game licenses, except for a moose license, upon presentation of a certificate
issued by the veterans’ administration so certifying.
A resident of a state
which provides a reciprocal privilege for Vermont veterans and who would
qualify for a free license under this subdivision if the person were a Vermont
resident, may receive a free one-year fishing, hunting, or combination hunting
and fishing license.
* * *
* * * Fish and Wildlife Board Rules; Migratory Game Birds * * *
Sec. 4.
10 V.S.A. § 4082 is amended to read:
§ 4082.
VERMONT FISH AND WILDLIFE REGULATIONS
(a)
The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as
the ―Vermont Fish and Wildlife Regulations‖ for the regulation of fish and
wild game and the taking thereof except as otherwise specifically provided by
law.
The rules shall be designed to maintain the best health, population, and
utilization levels of the regulated species and of other necessary or desirable
species which are ecologically related to the regulated species.
The rules shall
be supported by investigation and research conducted by the Department on
behalf of the Board.
(b)(1)
The Except as provided for under subdivision (2) of this subsection,
the Board annually may adopt rules relating to the management of migrating
migratory game
birds,
and
shall
follow
the
procedures
for
rulemaking
contained in 3 V.S.A. chapter 25.
For each such rule, the Board shall conduct
a hearing but, when necessary, may schedule the hearing for a day before the
terms of the rule are expected to be determined.
(2)
Beginning with the 2015 hunting season, the Board may set by
procedure the daily bag and possession limits of migratory game birds that
may be harvested in each Waterfowl Hunting Zone annually without following
the procedures for rulemaking contained in 3 V.S.A. chapter 25.
The annual
daily bag and possession limits of migratory game birds shall be consistent
with federal requirements.
Prior to setting the migratory game bird daily bag
and possession limits, the Board shall provide a period of not less than 30 days
of public notice and shall conduct at least two public informational hearings.
The final migratory game bird daily bag and possession limits shall be
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enforceable by the Department under its enforcement authority in part 4 of this
title.
Annually, on or before January 15, the Department shall submit the final
migratory game bird daily bag and possession limits to the House Committee
on Fish, Wildlife and Water Resources and the Senate Committee on Natural
Resources and Energy.
(c)
The Board may set by procedure the annual number of antlerless deer
that can be harvested in each wildlife management unit and the annual number
of moose that can be harvested in each wildlife management unit without
following the procedures for rulemaking contained in 3 V.S.A. chapter 25.
The annual numbers of antlerless deer and moose that can be harvested shall be
supported by investigation and research conducted by the Department on
behalf of the Board.
Prior to setting the antlerless deer and moose permit
numbers, the Board shall provide a period of not less than 30 days of public
notice and shall conduct at least three public informational hearings.
The
public informational hearings may be conducted simultaneously with the
regional antlerless deer meetings required by 10 V.S.A. App. § 2b.
The final
annual antlerless deer and moose harvest permit numbers shall be enforceable
by the Department under its enforcement authority in part 4 of this title.
The
final annual antlerless deer and moose harvest permit numbers shall be
reported to the House Committee on Fish, Wildlife and Water Resources and
the Senate Committee on Natural Resources and Energy as part of the annual
deer report required under section 4084 of this title.
* * * Fish and Wildlife Board Rules; Deer Season * * *
Sec. 5.
10 V.S.A. § 4084 is amended to read:
§ 4084.
GAME
(a)
Rules concerning wild game may:
(1)
establish open seasons; however, rules regarding taking of deer
adopted under this subdivision shall make provision for a regular rifle hunting
season pursuant to section 4741 of this title and, for an archery season, and a
muzzle loader season unless there is a scientific reason not to do so;
(2)
establish daily, season, and possession limits;
(3)
establish territorial limits for any rule under this subchapter;
(4)
prescribe the manner and means of taking any species or variety, and
including reporting and tagging of game;
(5)
establish restrictions on taking based upon sex, maturity, or other
physical distinction of the species or variety pursued; and
(6)
designate wildlife management units for various species or varieties.
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(b)(1)
On or before July 1 of each year, the Commissioner shall publish a
report showing all the wildlife management units and proposed deer seasons.
The reports shall include supporting data for the proposed actions.
(2)
Each January, the Commissioner shall publish an annual deer report.
(c)
The Board may alter the outer boundary of a wildlife management unit
no more frequently than every ten years without approval of the General
Assembly; however, the Board shall have authority to subdivide established
wildlife management units.
(d), (e)
[Repealed.]
Sec. 6.
10 V.S.A. § 4741 is amended to read:
§ 4741.
REGULAR DEER SEASON
For the 16 consecutive calendar days commencing 12 days prior to
Thanksgiving day, a person may take by lawful means one wild deer as
prescribed by the Vermont fish and wildlife regulations.
[Repealed.]
Sec. 7.
10 V.S.A. § 4742a is amended to read:
§ 4742a.
YOUTH DEER HUNTING WEEKEND
(a)
The Saturday and Sunday prior to opening day of the regular deer
season established by Board rule shall be youth deer hunting weekend.
(b)
A person who is age 15 and years of age or under on the weekend of the
hunt, who has successfully completed a hunter safety course, may take one
wild deer during youth deer hunting weekend in accordance with the rules of
the board Board.
In order to hunt under this section, a young person shall also
hold a valid hunting license under section 4255 of this title, hold a youth deer
hunting tag, and be accompanied by an unarmed adult who holds a valid
Vermont hunting license and who is over 18 years of age.
An adult
accompanying a youth under this section shall accompany no more than two
young people at one time.
(c)
Each year, the board Board shall determine whether antlerless deer may
be taken under this section in any deer management unit or units.
A
determination under this subsection shall be made by rule, shall be based on
the game management study conducted pursuant to section 4081 of this title,
and, notwithstanding subsection (g) of that section, may allow taking of
antlerless deer.
(d)
No person shall hunt under this section on privately owned land without
first obtaining the permission of the owner or occupant.
(e)
Before the first youth deer hunting weekend and after each fall hunting
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season, the department Department shall collect information on youth deer
hunting
weekend
during
the
regional
public
hearings
held
pursuant
to
subsection 4081(f) of this title. Information relative to the public’s knowledge
and concerns about the deer herd shall be gathered.
The board Board shall
administer youth deer hunting weekend, by deer management unit, based on
public input and scientific information.
(f)
The scheduled amount of a fine under section 4555 of this title shall be
doubled for a violation of this section, and the fine shall be assessed against the
licensed adult who is accompanying the youth pursuant to subsection (b) of
this section and who has the youth hunter in his or her charge.
(g)
For
the
purposes
of As
used
in this section, ―accompany,‖
―accompanied,‖ or ―accompanying‖ means direct control and supervision,
including the ability to see and communicate with the youth hunter without the
aid of artificial devices such as radios or binoculars, except for medically
necessary devices such as hearing aids or eyeglasses.
While hunting, an
individual who holds a valid hunting license under subsection 4254(b) of this
title shall accompany no more than two youth hunters at a time.
* * * Shooting From or Across Highway * * *
Sec. 8.
10 V.S.A. § 4705 is amended to read:
§
4705.
SHOOTING
FROM
MOTOR
VEHICLES
OR
AIRCRAFT;
SHOOTING FROM OR ACROSS HIGHWAY; PERMIT
(a)
A person shall not take, or attempt to take, a wild animal by shooting
from a motor vehicle, motorboat, airplane, snowmobile, or other motor
propelled craft or any vehicle drawn by a motor propelled vehicle except as
permitted under subsection (e) of this section.
(b)
A person shall not carry or possess while in or on a vehicle propelled by
mechanical power or drawn by a vehicle propelled by mechanical power
within the right of way of a public highway a rifle or shotgun containing a
loaded cartridge or shell in the chamber, mechanism, or in a magazine, or clip
within a rifle or shotgun, or a muzzle-loading rifle or shotgun that has been
charged with powder and projectile and the ignition system of which has been
enabled by having an affixed or attached percussion cap, primer, battery, or
priming powder, except as permitted under subsections (d) and (e) of this
section.
A person who possesses a rifle or shotgun in or on a vehicle propelled
by mechanical power, or drawn by a vehicle propelled by mechanical power
within a right of way of a public highway shall upon demand of an
enforcement
officer
exhibit
the
firearm
for
examination
to
determine
compliance with this section.
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(c)
A person while on or within 25 feet of the traveled portion of a public
highway, except for public highways designated Class 4 on a town highway
map, shall not take or attempt to take any wild animal by shooting a firearm, a
muzzle loader, a bow and arrow, or a crossbow.
A person shall not shoot a
firearm, muzzle loader, a bow and arrow, or a crossbow over or across the
traveled portion of a public highway.
(d)
This section shall not restrict the possession or use of a loaded firearm
by an enforcement officer in performance of his or her duty.
(e)
Subsection (a) Subsections (a) and (c) of this section shall not apply to a
licensed hunter who is a paraplegic or is certified by a physician to be unable
to pursue game because of permanent severe physical disability, if he or she
obtains a permit as provided in this subsection.
The Commissioner on receipt
of satisfactory proof of the disability of an applicant may issue a permit under
this subsection.
This permit shall be attached to the license, and shall remain
in effect until the death of the holder, unless the Commissioner has reason to
believe the permit is misused.
The holder of the permit shall carry it at all
times while hunting, and shall produce it on demand for inspection by any
game warden or other law enforcement officer authorized to make arrests.
The
holder of the permit may take game from a vehicle or boat but only if it is
stationary and off is not within 10 feet of the traveled portion of a public
highway.
In no event shall the holder of a permit shoot across the traveled
portion of a public highway.
(f)
The phrase ―public highway,‖ as used in this section, means roads
shown on the highway maps of the respective towns, made by the agency of
transportation Agency of Transportation, but does not include foot trails or
private roads.
* * * Conservation Motor Vehicle Registration Plates * * *
Sec. 9.
23 V.S.A. § 304b is amended to read:
§ 304b.
CONSERVATION MOTOR VEHICLE REGISTRATION PLATES
(a)
The
Commissioner
shall,
upon
application,
issue
conservation
registration plates for use only on vehicles registered at the pleasure car rate,
on trucks registered for less than 26,001 pounds, and on vehicles registered to
State agencies under section 376 of this title, but excluding vehicles registered
under the International Registration Plan.
Plates so acquired shall be mounted
on the front and rear of the vehicle.
The Commissioner of Motor Vehicles and
the Commissioner of Fish and Wildlife shall determine the graphic design of
the special plates in a manner which serves to enhance the public awareness of
the State’s interest in restoring and protecting its wildlife and major watershed
areas.
The Commissioner of Motor Vehicles and the Commissioner of Fish
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and Wildlife may alter the graphic design of these special plates provided that
plates in use at the time of a design alteration shall remain valid subject to the
operator’s payment of the annual registration fee.
Applicants shall apply on
forms prescribed by the Commissioner and shall pay an initial fee of $23.00 in
addition to the annual fee for registration.
In following years, in addition to the
annual registration fee, the holder of a conservation plate shall pay a renewal
fee of $23.00. The Commissioner may adopt rules under 3 V.S.A. chapter 25
to implement the provisions of this subsection.
(b)
Initial fees collected under subsection (a) of this section shall be
allocated as follows:
(1)
$11.00 to the Transportation Fund.
(2)
$6.00 to the Department of Fish and Wildlife for deposit into the
Nongame Wildlife Account created in 10 V.S.A. § 4048.
(3)
$6.00 to the Department of Fish and Wildlife for deposit into the
Watershed Management Account created in 10 V.S.A. § 4050.
(c)
Renewal fees collected under subsection (a) of this section shall be
allocated as follows:
(1)
$10.00 to the Department of Fish and Wildlife for deposit into the
Nongame Wildlife Account created in 10 V.S.A. § 4048.
(2)
$10.00 to the Department of Fish and Wildlife for deposit into the
Watershed Management Account created in 10 V.S.A. § 4050.
(3)
$3.00 to the Transportation Fund.
(d)
The Commissioner of Fish and Wildlife is authorized to deposit fees
collected under subsections (b) and (c) of this section into the Conservation
Camp Fund when the fees collected exceed the annual funding needs of the
Nongame Wildlife Account and the Watershed Management Account.
Sec.
10.
PROPOSED
NEW
CONSERVATION
MOTOR
VEHICLE
REGISTRATION PLATES
On or before January 15, 2015, the Commissioner of Motor Vehicles and
the Commissioner of Fish and Wildlife under the authority of 23 V.S.A.
§ 304b shall submit to the House Committee on Fish, Wildlife and Water
Resources, the Senate Committee on Natural Resources and Energy, and the
House and Senate Committees on Transportation at least three new graphic
designs for proposed conservation registration plates.
* * * Cultural or Ceremonial Use of Migratory Bird Feathers * * *
Sec. 11.
10 V.S.A. § 4152 is amended to read:
- 601 -
§
4152.
PERMITS
FOR
SCIENTIFIC
AND
EDUCATIONAL
COLLECTIONS
(a)
The commissioner Commissioner may issue permits to a properly
accredited person or educational institution permitting the holder thereof to
collect birds, their nests and eggs, and fish and wild animals or parts thereof,
for public scientific research or educational purposes of the institution.
(b)
In addition, the commissioner The Commissioner may issue a permit to
an individual which that allows the holder to collect fish and wild animals for
the purpose of using them as subjects of art or photography.
(c)
The Commissioner may issue a permit to a person that allows the holder
to collect and possess a dead salvage bird or bird feathers for noncommercial
cultural or ceremonial purposes provided that the bird was legally acquired,
transferred from an individual who acquired it legally, or found dead and the
permittee had no part in the intentional killing of the bird.
A permit issued
under this section shall comply with federal requirements regarding collection
and possession of migratory birds.
Sec. 12.
10 V.S.A. § 5408 is amended to read:
§ 5408.
LIMITATIONS
(a)
Notwithstanding any provision of this chapter, after obtaining the
advice of the Endangered Species Committee, the Secretary may permit, under
such terms and conditions as the Secretary may prescribe by rule, any act
otherwise prohibited by this chapter if done for any of the following purposes:
scientific purposes; to enhance the propagation or survival of a species;
economic
hardship;
zoological
exhibition;
educational
purposes;
noncommercial cultural or ceremonial purposes; or special purposes consistent
with the purposes of the federal Endangered Species Act.
* * *
Sec. 13.
10 V.S.A. App. § 10 is amended to read:
§ 10.
VERMONT ENDANGERED AND THREATENED SPECIES RULE
* * *
4.0
Procedures
* * *
4.2
Permits per 10 V.S.A. § 5408(a) may be granted by the Secretary only
if the taking of an endangered or threatened species is:
4.2.1
For scientific purposes, or
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4.2.2
To enhance the propagation of species, or
4.2.3
To prevent or mitigate economic hardship, or
4.2.4
For zoological exhibition, or
4.2.5 For educational purposes, or
4.2.6
For noncommercial cultural or ceremonial purposes to a person
for the collection and possession of a dead salvage bird or parts thereof,
including bird feathers, provided that the permit issued complies with federal
requirements regarding collection and possession of migratory birds and the
bird was legally acquired, transferred from an individual who acquired it
legally, or found dead and the permittee had no part in the intentional killing of
the bird, or
4.2.7
For special purpose consistent with the purpose of the Federal
Endangered Species Act (see 16 USCA U.S.C.A. § 1531(b)).
* * *
* * * State Fly-Fishing Fly * * *
Sec. 14.
1 V.S.A. § 517 is added to read:
§ 517.
STATE FLY-FISHING FLY
The State Fly-Fishing Fly shall be the Governor Aiken bucktail streamer.
* * * Effective Dates * * *
Sec. 15.
EFFECTIVE DATES
(a)
This section and Secs. 1–2 (landowner exception; captive hunt;
definitions), 3 (license for disabled veteran), and 8 (shooting from or across
highway) shall take effect on passage.
(b)
Secs. 4 (migrating game bird harvest numbers), 10 (conservation
registration plates report), 11–13(cultural and ceremonial use of bird feathers),
and 14 (State Fly-Fishing Fly) shall take effect on July 1, 2014.
(c)
Secs. 5–7 (deer season rules) and 9 (conservation plates; proceeds) shall
take effect on January 1, 2015.
( Committee Vote: 9-0-0)
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H. 795
An act relating to victim’s compensation and restitution procedures
Rep. Fay of St. Johnsbury,
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.
13 V.S.A. § 5362 is amended to read:
§ 5362.
RESTITUTION UNIT
(a)
A Restitution Unit is created within the Center for Crime Victim
Services
for
purposes
of assuring ensuring that
crime
victims
receive
restitution when it is ordered by the Court.
(b)
The Restitution Unit shall administer the Restitution Fund established
under section 5363 of this title.
(c)
The Restitution Unit shall have the authority to:
(1)
Collect restitution from the offender when it is ordered by the court
Court under section 7043 of this title.
(2)
Bring an action to enforce Enforce a restitution obligation as a civil
judgment under section 7043 of this title.
The Restitution Unit shall enforce
restitution orders issued prior to July 1, 2004 pursuant to the law in effect on
the date the order is issued.
(3)(A)
Share and access information, including information maintained
by the National Criminal Information Center, 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 Labor, and
law enforcement agencies in order to carry out its collection and enforcement
functions.
The Restitution Unit, for purposes of establishing and enforcing
restitution payment obligations, is designated as a law enforcement agency for
the sole purpose of requesting and obtaining access to information needed to
identify or locate a person, including access to information maintained by the
National Criminal Information Center.
(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.
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(4)
Investigate and verify losses as determined by the Restitution Unit,
including losses that may be eligible for advance payment from the Restitution
Special Fund, and verify the amount of insurance or other payments paid to or
for the benefit of a victim, and reduce the amount collected or to be collected
from the offender or disbursed to the victim from the Crime Victims’
Restitution Special Fund accordingly.
The Restitution Unit, when appropriate,
shall submit to the court Court a proposed revised restitution order stipulated to
by the victim and the unit, with copies provided to the victim and the offender.
No hearing shall be required, and the Court shall amend the judgment order to
reflect the amount stipulated to by the victim and the Restitution Unit.
(5)
Adopt such administrative rules as are reasonably necessary to carry
out the purposes set forth in this section.
(6)
Report offenders’ payment histories to credit reporting agencies,
provided that the Unit shall not report information regarding offenders who are
incarcerated.
The Unit shall not make a report under this subdivision until
after it has notified the offender of the proposed report by first class mail or
other like means to give actual notice, and provided the offender a period not
to exceed 20 days to contest the accuracy of the information with the Unit.
The Unit shall immediately notify each credit bureau organization to which
information has been furnished of any increases or decreases in the amount of
restitution owed by the offender.
(7)
Enter into a repayment contract with a juvenile or adult accepted into
a diversion program and to bring a civil action to enforce the contract when a
diversion program has referred an individual pursuant to 3 V.S.A. § 164a.
(8)
Contract with one or more sheriff’s departments for the purposes of
serving process, warrants, demand letters, and mittimuses in restitution cases,
and contract with one or more law enforcement agencies or other investigators
for
the
purpose
of
investigating
and
locating
offenders
and
enforcing
restitution judgment orders.
(9)
Collect from an offender subject to a restitution judgment order all
fees and direct costs, including reasonable attorney’s fees, incurred by the
Restitution Unit as a result of enforcing the order and investigating and
locating the offender.
Sec. 2.
13 V.S.A. § 5363 is amended to read:
§ 5363. CRIME VICTIM’S RESTITUTION SPECIAL FUND
* * *
(d)(1)
The Restitution Unit is authorized to advance up to $10,000.00
$5,000.00 to a victim or to a deceased victim’s heir or legal representative if
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the victim:
(A)
was first ordered by the Court to receive restitution on or after
July 1, 2004;
(B) is a natural person or the natural person’s legal representative;
(C)
has
not
been
reimbursed
under
subdivision (2)
of
this
subsection; and
(D)
is a natural person and has been referred to the Restitution Unit
by a diversion program pursuant to 3 V.S.A. § 164a.
(2)
The Restitution Unit may make advances of up to $10,000.00
$5,000.00 under this subsection to the following persons or entities:
(A)
A victim service agency approved by the Restitution Unit if the
agency has advanced monies which would have been payable to a victim under
subdivision (1) of this subsection.
(B)
A victim who is a natural person or the natural person’s legal
representative in a case where the defendant, before or after an adjudication of
guilt, enters into a drug court contract requiring payment of restitution.
(3)
An advance under this subsection shall not be made to the
government or to any governmental subdivision or agency.
(4)
An advance under this subsection shall not be made to a victim who:
(A)
fails to provide the Restitution Unit with the documentation
necessary to support the victim’s claim for restitution; or
(B)
violated a criminal law of this State which caused or contributed
to the victim’s material loss; or
(C)
has crime-related losses that are eligible for payment from the
Victim Compensation Special Fund.
(5)
An advance under this subsection shall not be made for the amount
of cash loss included in a restitution judgment order.
(6)
An advance under this subsection shall not be made for jewelry,
precious metals, luxury items, and collectibles identified in rules adopted by
the Unit pursuant to subdivision 5362(c)(5) of this title.
* * *
Sec. 3.
13 V.S.A. § 7043 is amended to read:
§ 7043.
RESTITUTION
* * *
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(e)(1)
An order of restitution shall establish the amount of the material loss
incurred by the victim, which shall be the restitution judgment order.
In the
event the offender is unable to pay the restitution judgment order at the time of
sentencing, the Court shall establish a restitution payment schedule for the
offender based upon the offender’s current and reasonably foreseeable ability
to
pay,
subject
to
modification
under
subsection
(k)
of
this
section.
Notwithstanding 12 V.S.A. chapter 113 or any other provision of law, interest
shall not accrue on a restitution judgment.
(2)(A)
Every order of restitution shall:
(i)
include the offender’s name, address, telephone number, and
Social Security number;
(ii)
include the name, address, and telephone number of the
offender’s employer; and
(iii)
require the offender, until his or her restitution obligation is
satisfied, to notify the Restitution Unit within 30 days if the offender’s address,
telephone number, or employment changes, including providing the name,
address, and telephone number of each new employer.
(B)
[Repealed.]
(3)
An order of restitution may require the offender to pay restitution for
an offense for which the offender was not convicted if the offender knowingly
and voluntarily executes a plea agreement which provides that the offender pay
restitution for that offense.
A copy of the plea agreement shall be attached to
the restitution order.
(f)(1)
If not paid at the time of sentencing, restitution may be ordered as a
condition of probation, supervised community sentence, furlough, preapproved
furlough, or parole if the convicted person is sentenced to preapproved
furlough, probation, or supervised community sentence, or is sentenced to
imprisonment and later placed on parole.
A person shall not be placed on
probation solely for purposes of paying restitution.
An offender may not be
charged with a violation of probation, furlough, or parole for nonpayment of a
restitution obligation incurred after July 1, 2004.
(2)
The Department of Corrections shall work collaboratively with the
Restitution Unit to assist with the collection of restitution.
The Department
shall provide the Restitution Unit with information about the location and
employment status of the offender.
(g)(1)
When restitution is requested but not ordered, the Court shall set
forth on the record its reasons for not ordering restitution.
(2)(A)
If restitution was not requested at the time of sentencing, or if
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expenses arose after the entry of a restitution order, the State may file a motion
with the sentencing court to reopen the restitution case in order to consider a
the victim may request for restitution payable from the Restitution Fund.
Restitution ordered paid under this subdivision shall be payable from the
Restitution Fund and capped at $1,000.00, and shall not be payable by the
offender.
(B)
A motion under this subdivision shall be filed within one year
after the imposition of sentence or the entry of the restitution order.
(h)
Restitution ordered under this section shall not preclude a person from
pursuing an independent civil action for all claims not covered by the
restitution order.
(i)(1)
The court Court shall transmit a copy of a restitution order and the
plea agreement, if any, to the Restitution Unit, which shall make payment to
the victim in accordance with section 5363 of this title.
(2)
To the extent that the Victims Compensation Board has made
payment to or on behalf of the victim in accordance with chapter 167 of this
title, restitution, if imposed, shall be paid to the Restitution Unit, which shall
make payment to the Victims Compensation Fund.
(j)
The Restitution Unit may bring an action, including a small claims
procedure, on a form approved by the Court Administrator, to enforce a
restitution judgment order entered by the Criminal Division of the Superior
Court. The action shall be brought against an the offender in the Civil Division
of the Superior Court of the unit where the offender resides or in the unit where
the order was issued.
In an action under this subsection, a restitution order
issued by the Criminal Division of the Superior Court shall be enforceable in
the Civil Division of the Superior Court or in a small claims procedure in the
same manner as a civil judgment.
Superior and Small Claims Court filing fees
shall be waived for an action brought under this subsection, and for an action
to renew a restitution judgment.
* * *
(m)(1)
If the offender fails to pay restitution as ordered by the court Court,
the Restitution Unit may file an action to enforce the restitution order in
Superior or Small Claims Court.
After an enforcement action is filed, any
further proceedings related to the action shall be heard in the court where it
was filed.
The court shall set the matter for hearing and shall provide notice to
the Restitution Unit, the victim, and the offender. The Court may order the
defendant to appear at the hearing and disclose assets and liabilities and
produce any documents the Court deems relevant.
If the court Court
determines the offender has failed to comply with the restitution order, the
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court Court may take any action the Court deems necessary to ensure the
offender will make the required restitution payment, including:
(1)(A)
amending the payment schedule of the restitution order;
(2)(B)
ordering, in compliance with the procedures required in Rule 4.1
of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale
of assets and accounts owned by the offender;
(3)(C)
ordering the offender’s wages withheld pursuant to subsection (n)
of this section; or
(4)(D)
ordering the suspension of any recreational licenses owned by the
offender.
(2)
If the Court finds that the offender has an ability to pay and willfully
refuses to do so, the offender may be subject to civil contempt proceedings
* * *
(p)
An obligation to pay restitution is part of a criminal sentence and is:
(1)
nondischargeable in the United States Bankruptcy Court to the
maximum extent provided under 11 U.S.C. § § 523 and 1328; and
(2)
not subject to any statute of limitations; and
(3)
not
subject
to
the
renewal
of
judgment
requirements
of
* * *
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014 and shall apply to restitution orders
issued after that date.
( Committee Vote: 11-0-0)
Consent Calendar
Concurrent Resolutions for Adoption Under Joint Rule 16a
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
today’s
adjournment.
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 of
2/13/2014.
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H.C.R. 222
House concurrent resolution commemorating the placement of a historic
marker at Wagon Wheels Farm in South Royalton
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
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
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Theresa Utton-Jerman at (802) 828-5767 or
tutton@leg.state.vt.us
or in room
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:
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First:
All nominations for these offices will be presented in alphabetical
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.