Thumbnails Outlines
House Calendar
Thursday, February 27, 2014
52nd DAY OF THE ADJOURNED SESSION
House Convenes at 1:30 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 863
A Public Records Act exemption for the identity of whistleblowers 741
S. 317
An act relating to repealing the unconstitutional Vermont statutes
related to the performance of abortions ......................................................... 741
Favorable with Amendment
H. 217
Smoking in partially enclosed structures, lodging establishments, and
state lands ...................................................................................................... 741
Rep. Frank for Human Services
Rep. Komline et al Amendment .................................................................... 745
Rep. Till Amendment .................................................................................... 745
Rep. McCormack ........................................................................................... 749
H. 497
The open meeting law ....................................................................... 749
Rep. Townsend for Government Operations
H. 602
Municipal budget committees ........................................................... 757
Rep. Devereux for Government Operations
H. 685
Identification and registration of moorings ....................................... 758
Rep. Quimby for Fish, Wildlife and Water Resources
Favorable
H. 718
Approval of amendments to the charter of the Village of Derby Line
....................................................................................................................... 761
Rep. Lewis for Government Operations
H. 864
Capital construction and State bonding budget adjustment .............. 761
Rep. Emmons for Corrections and Institutions
Rep. Winters for Appropriations ................................................................... 761
NOTICE CALENDAR
Favorable with Amendment
H. 227
Licensing and regulating property inspectors ................................... 761
Rep. Higley for Government Operations
Rep. Branagan for Ways and Means ............................................................. 766
H. 631
Lottery commissions ......................................................................... 766
Rep. Van Wyck for General, Housing and Military Affairs
Favorable
H. 683
The income tax checkoff for Vermont Green Up .............................. 767
Rep. Clarkson for Ways and Means
Consent Calendar
H.C.R. 235
Congratulating Alexina Federhen on winning U.S. Senator Bernie
Sanders’s 2014 State of the Union Essay Contest ......................................... 767
H.C.R. 236
Honoring employees of municipal public works departments and
designating May 18–24, 2014 as Public Works Week in Vermont .............. 767
H.C.R. 237
Congratulating Stephen A. Sampson on his selection as the 2013
Vermont Assistant Principal of the Year ....................................................... 767
H.C.R. 238
Honoring Diane Marcoux-LaClair on her career accomplishments
as an elementary school teacher .................................................................... 767
H.C.R. 239
Congratulating the Town of Londonderry on its revitalization of
Pingree Park ................................................................................................... 767
H.C.R. 240
Honoring Lexa Clark for her leadership as captain of the Jamaica
Rescue Squad ................................................................................................. 767
H.C.R. 241
Congratulates CVS Caremark for the decision to terminate the sale
of all tobacco products, including cigarettes ................................................. 768
H.C.R. 242
Honoring the federal TRIO programs in Vermont .................... 768
H.C.R. 243
Designating March 2014 as Myeloma Awareness Month in
Vermont ......................................................................................................... 768
H.C.R. 244
Honoring the New Haven Town moderators ............................. 768
H.C.R. 245
Congratulating Elaine Pinckney on her being named the 2013
Frederick H. Tuttle Superintendent of the Year ............................................ 768
H.C.R. 246
Designating April 2014 as Month of the Military Child in
Vermont ......................................................................................................... 768
H.C.R. 247
Honoring the retiring Weybridge Selectboard members Gale Hurd,
Steven Smith, and Peter James ...................................................................... 768
H.C.R. 248
Honoring Bridport’s Collector of Delinquent Taxes Harry “Boo”
Duffany .......................................................................................................... 768
H.C.R. 249
Recognizing the significant health care role of the Rutland Area
Visiting Nurse Association and Hospice ....................................................... 768
H.C.R. 250
Congratulating U.S. Navy Ensign Matthew McVay on his
graduation from the U.S. Naval Academy with a 4.0 GPA .......................... 768
H.C.R. 251
In memory of former Representative and Senator Merritt S. Hewitt
....................................................................................................................... 768
H.C.R. 252
Commemorating the 250th anniversary of the Town of Corinth769
H.C.R. 253
Congratulating Edward Koren of Brookfield on his being named
Vermont’s newest Cartoonist Laureate ......................................................... 769
H.C.R. 254
Honoring Laura Soares of Randolph for her contributions to public
education policy and governance .................................................................. 769
- 741 -
ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 863
An act relating to a Public Records Act exemption for the identity of
whistleblowers
S. 317
An act relating to repealing the unconstitutional Vermont statutes related to the
performance of abortions
Favorable with Amendment
H. 217
An act relating to smoking in partially enclosed structures, lodging
establishments, and state lands
Rep.
Frank of Underhill,
for the Committee on
Human Services,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
18 V.S.A. § 1421 is amended to read:
§ 1421.
SMOKING IN THE WORKPLACE; PROHIBITION
(a)
The use of lighted tobacco products is prohibited in any workplace.
(b)(1)
For the purposes of As used in this subchapter, “workplace” means
an enclosed structure where employees perform services for an employer or,
in, including restaurants, bars, and other establishments in which food or
drinks, or both, are served.
In the case of an employer who assigns employees
to departments, divisions, or similar organizational units, “workplace” means
the enclosed portion of a structure to which the employee is assigned.
* * *
(3)
For schools, workplace includes any enclosed location where
instruction or other school-sponsored functions are occurring and students are
present.
(4)
For lodging establishments used for transient traveling or public
vacationing, such as resorts, hotels, and motels, workplace includes the
sleeping quarters and adjoining rooms rented to guests.
* * *
- 742 -
Sec. 2.
18 V.S.A. § 1741 is amended to read:
§ 1741.
DEFINITIONS
As used in this chapter:
* * *
(2) “A place of public access” means any place of business, commerce,
banking, financial service, or other service-related activity, whether publicly or
privately owned and whether operated for profit or not, to which the general
public has access or which the general public uses, including.
The term
includes:
(A)
buildings,;
(B)
offices,;
(C)
means of transportation,;
(D)
common carrier waiting rooms,;
(E)
arcades,;
(F)
restaurants, bars, and cabarets,;
(G)
retail stores,;
(H)
grocery stores,;
(I)
libraries,;
(J)
theaters, concert halls, auditoriums, and arenas,;
(K)
barber shops, and hair salons,;
(L)
laundromats,;
(M)
shopping malls,;
(N)
museums, and art galleries,;
(O)
sports and fitness facilities,;
(P)
planetariums,;
(Q)
historical sites,;
(R)
lodging
establishments
for
transient
traveling
or
public
vacationing, such as resorts, hotels, and motels;
(S)
common areas of nursing homes, and hospitals, resorts, hotels
and motels, including the lobbies, hallways, elevators, restaurants, restrooms,
and cafeterias,; and
- 743 -
(T)
buildings or facilities owned or operated by a social, fraternal, or
religious club.
(3)
“Hospital” means a place devoted primarily to the maintenance and
operation of diagnostic and therapeutic facilities for inpatient medical or
surgical care of individuals suffering from illness, disease, injury, or deformity,
or for obstetrics.
(4)
“Publicly owned buildings and offices” means enclosed indoor
places or portions of such places owned, leased, or rented by state State,
county, or municipal governments, or by agencies supported by appropriation
of, or by contracts or grants from, funds derived from the collection of federal,
state State, county, or municipal taxes.
Sec. 3.
18 V.S.A. § 1742 is amended to read:
§ 1742.
RESTRICTIONS ON SMOKING IN PUBLIC PLACES
(a)
The possession of lighted tobacco products in any form is prohibited in:
(1)
the common areas of all enclosed indoor places of public access and
publicly owned buildings and offices;
(2)
designated smoke-free areas of property or grounds owned by or
leased to the State; and
(3)
any other area within 25 feet of State-owned buildings and offices,
except that to the extent that any portion of the 25-foot zone is not on State
property, smoking is prohibited only in that portion of the zone that is on State
property unless the owner of the adjoining property chooses to designate his or
her property smoke-free.
(b)
The possession of lighted tobacco products in any form is prohibited on
the grounds of any hospital or secure residential recovery facility owned or
operated by the State, including all enclosed places in the hospital or facility
and the surrounding outdoor property.
(c)
Nothing in this section shall be construed to restrict the ability of
residents of the Vermont Veterans’ Home to use lighted tobacco products in
the indoor area of the facility in which smoking is permitted.
Sec. 4.
16 V.S.A. § 140 is amended to read:
§ 140.
TOBACCO USE PROHIBITED ON PUBLIC SCHOOL GROUNDS
No person shall be permitted to use tobacco products or tobacco substitutes
as defined in 7 V.S.A. § 1001 on public school grounds and no student shall be
permitted to use tobacco or at public school sponsored functions.
Each public
school board shall adopt policies prohibiting the possession and use of tobacco
- 744 -
products and tobacco substitutes by students at all times while under the
supervision of school staff.
These policies shall include confiscation and
appropriate referrals to law enforcement authorities.
Sec. 5.
33 V.S.A. § 3504 is added to read:
§ 3504.
TOBACCO USE PROHIBITED AT CHILD CARE FACILITIES
(a)
No person shall be permitted to use tobacco products or tobacco
substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and
outdoor, of any licensed child care center or afterschool program at any time.
(b)
No person shall be permitted to use tobacco products or tobacco
substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and in
any outdoor area designated for child care, of a licensed or registered family
child care home while children are present and in care.
If smoking occurs on
the premises during other times, the family child care home shall notify
prospective families prior to enrolling a child in the family child care home
that their child will be exposed to an environment in which tobacco products or
tobacco substitutes, or both, are used.
Sec. 6.
7 V.S.A. § 1001 is amended to read:
§ 1001.
DEFINITIONS
As used in this chapter:
* * *
(8) “Tobacco substitute” means products including electronic cigarettes
or other electronic or battery-powered devices that contain and are designed to
deliver nicotine or other substances into the body through inhaling vapor and
that have not been approved by the United States U.S. Food and Drug
Administration for tobacco cessation or other medical purposes.
Products that
have been approved by the U.S. Food and Drug Administration for tobacco
cessation or other medical purposes shall not be considered to be tobacco
substitutes.
Sec. 7.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
and that after passage the title of the bill be amended to read: “An act relating
to smoking in lodging establishments, hospitals, and child care facilities, and
on State lands”.
( Committee Vote: 11-0-0)
- 745 -
Amendment to be offered by Reps. Komline of Dorset, Burditt of West
Rutland, Clarkson of Woodstock, Conquest of Newbury, Devereux of
Mount Holly, Koch of Barre Town, Masland of Thetford, Mitchell of
Fairfax, Ram of Burlington, Sharpe of Bristol, Stevens of Shoreham, and
Wilson of Manchester to the recommendation of amendment of the
Committee on Human Services to H. 217
By renumbering Sec. 7, effective date, to be Sec. 8 and by adding a new
Sec. 7 to read:
Sec. 7.
23 V.S.A. § 1134b is added to read:
§ 1134b.
SMOKING IN MOTOR VEHICLE WITH CHILD PRESENT
(a)
A person shall not possess a lighted tobacco product in a motor vehicle
that is occupied by a child required to be properly restrained in a federally
approved
child
passenger
restraining
system
pursuant
to
subdivision
1258(a)(1) or (2) of this title.
(b)
A person who violates subsection (a) of this section shall be subject to a
fine of not more than $100.00.
No points shall be assessed for a violation of
this section.
Amendment
to
be
offered
by
Rep.
Till
of
Jericho to
the
recommendation of amendment of the Committee on Human Services to
H. 217
By striking out Sec. 7, effective date, and inserting in lieu thereof the
following:
Sec. 7.
FINDINGS
(a)
Every day more than 1,200 persons in the United States die due to
smoking.
And every day at least two youths or young adults become regular
smokers.
(b)
The younger an individual is when he or she begins using tobacco, the
more likely he or she will become addicted.
Among youths who persist in
smoking, one-third will die prematurely due to smoking.
(c)
Compared with adults, adolescents appear to display evidence of
addiction at much lower levels of cigarette consumption, and their attempts to
quit smoking thus may be less successful.
(d)
Persons 18 through 20 years of age are responsible for 90 percent of the
cigarettes purchased on behalf of minors under 18 years of age.
If their legal
access is curtailed, the benefit will extend to much younger teens.
(e)
Prevention efforts must focus on young adults 18 through 25 years of
- 746 -
age.
Almost no one starts smoking after 25 years of age.
Nearly nine out of
10 smokers began smoking by 18 years of age, and 99 percent started by
26 years of age.
Progression from occasional to daily smoking almost always
occurs by 26 years of age.
(f)
Of all young adults 18 to 25 years of age in Vermont who had never
smoked, 12.1 percent smoked a cigarette for the first time in 2008–2009.
Vermont ranked 49th in the nation, with a range of 4.2 percent to 14.7 percent
among the states.
Sec. 8.
7 V.S.A. § 1003 is amended to read:
§ 1003.
SALE OF TOBACCO PRODUCTS; TOBACCO SUBSTITUTES;
TOBACCO PARAPHERNALIA; REQUIREMENTS;
PROHIBITIONS
(a)(1)
A Except as provided in subdivision (2) of this subsection, a person
shall not sell or provide tobacco products, tobacco substitutes, or tobacco
paraphernalia to any person younger than 18 under 21 years of age.
(2)
A person shall not sell or provide tobacco products, tobacco
substitutes, or tobacco paraphernalia to any current member of the U.S. Armed
Forces under 18 years of age.
* * *
Sec. 9.
7 V.S.A. § 1004 is amended to read:
§ 1004.
PROOF OF AGE FOR THE SALE OF TOBACCO PRODUCTS;
TOBACCO SUBSTITUTES; TOBACCO PARAPHERNALIA
(a)
A person shall exhibit proper proof of his or her age upon demand of a
person licensed under this chapter, an employee of a licensee, or a law
enforcement officer.
If the person fails to provide such proof of age, the
licensee shall be entitled to refuse to sell tobacco products, tobacco substitutes,
or tobacco paraphernalia to the person.
The sale or furnishing of tobacco
products, tobacco substitutes, or tobacco paraphernalia to a person exhibiting
proper proof shall be prima facie evidence of a licensee’s compliance with
section 1007 of this title.
(b)
As used in this section, “proper proof” means a photographic motor
vehicle operator’s license, a valid passport, a United States U.S. Military
identification card or a photographic nondriver motor vehicle identification
card obtained from the department of motor vehicles Department of Motor
Vehicles.
For a person between 18 and 21 years of age purchasing tobacco
products, tobacco substitutes, or tobacco paraphernalia pursuant to subdivision
1003(a)(2) of this title, “proper proof” means a photographic U.S. Military
identification card showing the person is a current member of the U.S. Armed
- 747 -
Forces. A U.S. Military dependent’s identification and privilege card shall not
constitute proper proof under this section.
Sec. 10.
7 V.S.A. § 1005 is amended to read:
§ 1005.
PERSONS UNDER THE AGE OF 18 21 YEARS OF AGE;
POSSESSION OF TOBACCO PRODUCTS; MISREPRESENTING
AGE OR PURCHASING TOBACCO PRODUCTS; PENALTY
(a)(1)
A Except as provided in subdivision (2) of this subsection, a person
under 18 21 years of age shall not possess, purchase, or attempt to purchase
tobacco products, tobacco substitutes, or tobacco paraphernalia unless the
person is an employee of a holder of a tobacco license and is in possession of
tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale
in the course of employment.
A person under 18 21 years of age shall not
misrepresent his or her age to purchase or attempt to purchase tobacco
products, tobacco substitutes, or tobacco paraphernalia.
A person who
possesses tobacco products, tobacco substitutes, or tobacco paraphernalia in
violation of this subsection shall be subject to having the tobacco products,
tobacco substitutes, or tobacco paraphernalia immediately confiscated and
shall be further subject to a civil penalty of $25.00.
In the case of failure to
pay a penalty, the Judicial Bureau shall mail a notice to the person at the
address in the complaint notifying the person that failure to pay the penalty
within 60 days of the notice will result in either the suspension of the person’s
operator’s license for a period of not more than 90 days or the delay of the
initial licensing of the person for a period of not more than one year.
A copy
of the notice shall be sent to the Commissioner of Motor Vehicles, who, after
expiration of 60 days from the date of notice and unless notified by the Judicial
Bureau that the penalty has been paid shall either suspend the person’s
operator’s license or cause initial licensing of the person to be delayed for the
periods set forth in this subsection and the rules.
An action under this
subsection shall be brought in the same manner as a traffic violation pursuant
The Commissioner of Motor Vehicles shall adopt
rules in accordance with the provisions of 3 V.S.A. chapter 25 to implement
the
provisions
of
this
subsection,
which
may
provide
for
incremental
suspension or delays
not exceeding cumulatively the maximum periods
established by this subsection.
(2)
For current members of the U.S. Armed Forces, the provisions of
subdivision (1) of this subsection shall apply to persons under 18 years of age.
(b)
A person under 18 21 years of age, or, for a current member of the U.S.
Armed Forces, under 18 years of age, who misrepresents his or her age by
presenting
false
identification
to
purchase
tobacco
products,
tobacco
- 748 -
substitutes, or tobacco paraphernalia shall be fined not more than $50.00 or
provide up to 10 hours of community service, or both.
Sec. 11.
7 V.S.A. § 1007 is amended to read:
§ 1007.
FURNISHING TOBACCO TO PERSONS UNDER EIGHTEEN
THE LEGAL AGE
An individual who sells or furnishes tobacco products, tobacco substitutes,
or tobacco paraphernalia to a person under 18 21 years of age, or to a current
member of the U.S. Armed Forces under 18 years of age, shall be subject to a
civil penalty of not more than $100.00 for the first offense and not more than
$500.00 for any subsequent offense.
An action under this section shall be
brought in the same manner as for a traffic violation pursuant to 23 V.S.A.
chapter 24 and shall be brought within 24 hours of the occurrence of the
alleged violation.
Sec. 12.
4 V.S.A. § 1102 is amended to read:
§ 1102.
JUDICIAL BUREAU; JURISDICTION
(a)
A Judicial Bureau is created within the Judicial Branch under the
supervision of the supreme court Supreme Court.
(b)
The Judicial Bureau shall have jurisdiction of the following matters:
* * *
(4)
Violations of 7 V.S.A. § 1005(a), relating to possession of tobacco
products by a person less than 18 under 21 years of age.
(5)
Violations of 7 V.S.A. § 1007, relating to furnishing tobacco
products to a person under the age of 18 21 years of age.
* * *
Sec. 13.
7 V.S.A. § 667(c) is amended to read:
(c)
The provisions of subsection (b) of this section shall not apply to a
violation of subsection 1005(a) of this title, relating to purchase of tobacco
products by a person less than 18 under 21 years of age.
Sec. 14.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
- 749 -
Amendment to be offered by Rep. McCormack of Burlington to the
recommendation of amendment of the Committee on Human Services to
H. 217
In Sec. 3, 18 V.S.A. § 1742, in subsection (a), by adding a new subdivision
(2) to read as follows:
(2)
any area within 10 feet of the entrance or exit of a place of public
access;
and by redesignating subdivisions (2) and (3) to be subdivisions (3) and (4)
H. 497
An act relating to the open meeting law
Rep. Townsend of South Burlington,
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.
1 V.S.A. § 310 is amended to read:
§ 310.
DEFINITIONS
As used in this subchapter:
(1)
“Deliberations” means weighing, examining, and discussing the
reasons for and against an act or decision, but expressly excludes the taking of
evidence and the arguments of parties.
(2)
“Meeting” means a gathering of a quorum of the members of a
public body for the purpose of discussing the business of the public body or for
the
purpose
of
taking
action.
“Meeting”
shall
not
mean
written
correspondence or an electronic communication, including e-mail, telephone,
or teleconferencing, between members of a public body for the purpose of
scheduling a meeting, organizing an agenda, or distributing materials to
discuss at a meeting, provided that such a written correspondence or such an
electronic communication that results in written or recorded information shall
be available for inspection and copying under the Public Records Act as set
forth in chapter 5, subchapter 3 of this title.
(3) “Public body” means any board, council, or commission of the state
State or one or more of its political subdivisions, any board, council, or
commission of any agency, authority, or instrumentality of the state State or
one or more of its political subdivisions, or any committee of any of the
foregoing boards, councils, or commissions, except that “public body” does not
include councils or similar groups established by the governor Governor for
the sole purpose of advising the governor Governor with respect to policy.
- 750 -
(4)
“Publicly announced” means that notice is given to an editor,
publisher, or news director of a newspaper or radio station serving the area of
the state State in which the public body has jurisdiction, and to any editor,
publisher, or news director person who has requested under subdivision
312(c)(5) of this title to be notified of special meetings.
(5) “Quasi-judicial proceeding” means a proceeding which is:
(A)
a contested case under the Vermont Administrative Procedure
Act; or
(B)
a case in which the legal rights of one or more persons who are
granted party status are adjudicated, which is conducted in such a way that all
parties have opportunity to present evidence and to cross-examine witnesses
presented by other parties, which results in a written decision, and the result of
which is appealable by a party to a higher authority.
Sec. 2.
1 V.S.A. § 312 is amended to read:
§ 312.
RIGHT TO ATTEND MEETINGS OF PUBLIC AGENCIES
(a)(1)
All meetings of a public body are declared to be open to the public at
all times, except as provided in section 313 of this title.
No resolution, rule,
regulation, appointment, or formal action shall be considered binding except as
taken or made at such open meeting, except as provided under section
313(a)(2) subdivision 313(b)(1) of this title.
A meeting may be conducted by
audio conference or other electronic means, as long as the provisions of this
subchapter are met.
A meeting of a public body is subject to the public
accommodation requirements of 9 V.S.A. chapter 139.
A public body shall
electronically record by audio tape, all public hearings held to provide a forum
for public comment on a proposed rule, pursuant to 3 V.S.A. § 840.
The
public shall have access to copies of such tapes electronic recordings as
described in section 316 of this title.
(2)
Participation in meetings through electronic or other means.
(A)
As long as the requirements of this subchapter are met, one or
more of the members of a public body may attend a regular, special, or
emergency meeting by electronic or other means without being physically
present at a designated meeting location.
(B)
If one or more members attend a meeting by electronic or other
means, such members may fully participate in discussing the business of the
public body and voting to take an action, but any vote of the public body shall
be taken by roll call.
(C)
Each member who attends a meeting without being physically
present at a designated meeting location shall:
- 751 -
(i)
identify himself or herself when the meeting is convened; and
(ii)
be able to hear the conduct of the meeting and be heard
throughout the meeting.
(D)
If a quorum or more of the members of a public body attend a
meeting without being physically present at a designated meeting location, the
following additional requirements shall be met:
(i)
At least 24 hours prior to the meeting, or as soon as practicable
prior to an emergency meeting, the public body shall publicly announce the
meeting, and a municipal public body shall post notice of the meeting in or
near the municipal clerk’s office and in at least two other public places in the
municipality.
(ii)
The public announcement and posted notice of the meeting
shall designate at least one physical location where a member of the public can
attend and participate in the meeting.
At least one member of the public body,
or at least one staff or designee of the public body, shall be physically present
at each designated meeting location.
(b)(1)
Minutes shall be taken of all meetings of public bodies.
The minutes
shall cover all topics and motions that arise at the meeting and give a true
indication of the business of the meeting.
Minutes shall include at least the
following minimal information:
(A)
All members of the public body present;
(B)
All other active participants in the meeting;
(C)
All motions, proposals, and resolutions made, offered, and
considered, and what disposition is made of same; and
(D)
The results of any votes, with a record of the individual vote of
each member if a roll call is taken.
(2)
Minutes of all public meetings shall be matters of public record,
shall be kept by the clerk or secretary of the public body, and shall be available
for inspection by any person and for purchase of copies at cost upon request
after five days from the date of any meeting.
(c)(1)
The time and place of all regular meetings subject to this section
shall be clearly designated by statute, charter, regulation, ordinance, bylaw,
resolution, or other determining authority of the public body, and this
information shall be available to any person upon request.
The time and place
of all public hearings and meetings scheduled by all Executive Branch State
agencies, departments, boards, or commissions shall be available to the public
as required under 3 V.S.A. § 2222(c).
- 752 -
(2)
The time, place, and purpose of a special meeting subject to this
section shall be publicly announced at least 24 hours before the meeting.
Municipal public bodies shall post notices of special meetings in or near the
municipal clerk’s office and in at least two other public places in the
municipality, at least 24 hours before the meeting.
In addition, notice shall be
given, either orally or in writing, to each member of the public body at least
24 hours before the meeting, except that a member may waive notice of a
special meeting.
(3)
Emergency meetings may be held without public announcement,
without posting of notices and without 24-hour notice to members, provided
some public notice thereof is given as soon as possible before any such
meeting.
Emergency meetings may be held only when necessary to respond to
an unforeseen occurrence or condition requiring immediate attention by the
public body.
(4)
Any adjourned meeting shall be considered a new meeting, unless
the time and place for the adjourned meeting is announced before the meeting
adjourns.
(5)
An editor, publisher or news director of any newspaper, radio station
or television station serving the area of the state in which the public body has
jurisdiction A person may request in writing that a public body notify the
editor, publisher or news director person of special meetings of the public
body.
The request shall apply only to the calendar year in which it is made,
unless made in December, in which case it shall apply also to the following
year.
(d)(1)
The At least 48 hours prior to a regular meeting, and at least 24
hours prior to a special meeting, a meeting agenda for a regular or special
meeting shall be:
(A)
posted to a website, if one exists, that the public body maintains
or designates as the official website of the body; and
(B)
in the case of a municipal public body, posted in or near the
municipal office and in at least two other public places in the municipality.
(2)
A meeting agenda shall be made available to the news media or
concerned persons a person prior to the meeting upon specific request.
(3)(A)
Any addition to or deletion from the agenda shall be made as the
first act of business at the meeting.
(B)
Any other adjustment to the agenda may be made at any time
during the meeting.
(e)
Nothing in this section or in section 313 of this title shall be construed
- 753 -
as extending to the judicial branch Judicial Branch of the government
Government of Vermont or of any part of the same or to the public service
board Public Service Board; nor shall it extend to the deliberations of any
public body in connection with a quasi-judicial proceeding; nor shall anything
in this section be construed to require the making public of any proceedings,
records, or acts which are specifically made confidential by the laws of the
United States of America or of this state State.
(f)
A written decision issued by a public body in connection with a
quasi-judicial proceeding need not be adopted at an open meeting if the
decision will be a public record.
(g)
The provisions of this subchapter shall not apply to site inspections for
the purpose of assessing damage or making tax assessments or abatements,
clerical work, or work assignments of staff or other personnel.
Routine,
day-to-day administrative matters that do not require action by the public body,
may be conducted outside a duly warned meeting, provided that no money is
appropriated, expended, or encumbered.
(h)
At an open meeting the public shall be given a reasonable opportunity
to express its opinion on matters considered by the public body during the
meeting as long as order is maintained.
Public comment
shall be subject to
reasonable rules established by the chairperson.
This subsection shall not
apply to quasi-judicial proceedings.
(i)
Nothing in this section shall be construed to prohibit the parole board
Parole Board from meeting at correctional facilities with attendance at the
meeting subject to rules regarding access and security established by the
superintendent of the facility.
Sec. 3.
1 V.S.A. § 313 is amended to read:
§ 313.
EXECUTIVE SESSIONS
(a)
No public body described in section 312 of this title may hold an
executive session from which the public is excluded, except by the affirmative
vote of two-thirds of its members present in the case of any public body of
State government or of a majority of its members present in the case of any
public body of a municipality or other political subdivision.
A motion to go
into executive session shall indicate the nature of the business of the executive
session, and no other matter may be considered in the executive session.
Such
vote shall be taken in the course of an open meeting and the result of the vote
recorded in the minutes.
No formal or binding action shall be taken in
executive session except for actions relating to the securing of real estate
options under subdivision (2) (b)(1) of this subsection section.
Minutes of an
executive session need not be taken, but if they are, shall not be made public
- 754 -
subject to subsection 312(b) of this title.
(b)
A public body may not hold an executive session except to consider one
or more of the following:
(1)
Contracts, labor relations agreements with employees, arbitration,
mediation, grievances, civil actions, or prosecutions by the state, where
premature
general
public
knowledge
would
clearly
place
the
state,
municipality,
other
public
body,
or
person
involved
at
a
substantial
disadvantage;
(2)(1)
The negotiating or securing of real estate purchase or lease
options;
(3)(2)
The appointment or employment or evaluation of a public officer
or employee, including discussion, interview, and evaluation of the merits of a
candidate for public office or employment, provided that a final decision to
hire or appoint a public officer or employee shall be made in an open meeting;
(4)(3)
A disciplinary or dismissal action against a public officer or
employee; but nothing in this subsection shall be construed to impair the right
of such officer or employee to a public hearing if formal charges are brought;
(5)(4)
A clear and imminent peril to the public safety;
(6)(5)
Discussion or consideration of records or documents excepted
Records exempt from the access to public records provisions of section 317
316 of this title.
Discussion or consideration of the excepted record or
document; provided, however, that discussion of the exempt record shall not
itself permit an extension of the executive session to the general subject to
which the record or document pertains;
(7)(6)
The academic records or suspension or discipline of students;
(8)(7)
Testimony from a person in a parole proceeding conducted by the
Parole Board if public disclosure of the identity of the person could result in
physical or other harm to the person;
(9)(8)
Information relating to a pharmaceutical rebate or to supplemental
rebate agreements, which is protected from disclosure by federal law or the
terms and conditions required by the Centers for Medicare and Medicaid
Services as a condition of rebate authorization under the Medicaid program,
considered pursuant to 33 V.S.A. §§ 1998(f)(2) and 2002(c);
(9)
Municipal or school security or emergency response measures, the
disclosure of which could jeopardize public safety;
(10)
After making a specific finding that premature general public
knowledge would place the public body or a person involved at a substantial
- 755 -
disadvantage:
(A)
Contracts;
(B)
Labor relations agreements with employees;
(C)
Arbitration or mediation;
(D)
Grievances, other than tax grievances; or
(E)
Professional legal advice in connection with pending or imminent
civil litigation or a prosecution, to which the public body is or may be a party.
(b)(c)
Attendance in executive session shall be limited to members of the
public body, and, in the discretion of the public body, its staff, clerical
assistants and legal counsel, and persons who are subjects of the discussion or
whose information is needed.
(c)(d)
The Senate and House of Representatives, in exercising the power to
make their own rules conferred by Chapter II of the Vermont Constitution,
shall be governed by the provisions of this section in regulating the admission
of the public as provided in Chapter II, § 8 of the Constitution.
Sec. 4.
1 V.S.A. § 314 is amended to read:
§ 314.
PENALTY AND ENFORCEMENT
(a)
A person who is a member of a public body and who knowingly and
intentionally
violates
the
provisions
of
this
subchapter,
a
person
who
knowingly and intentionally violates the provisions of this subchapter on
behalf or at the behest of a public body, or a person who knowingly and
intentionally participates in the wrongful exclusion of any person or persons
from any meeting for which provision is herein made, shall be guilty of a
misdemeanor and shall be fined not more than $500.00.
(b)(1)
The attorney general Prior to instituting an action under subsection
(c) of this section, the Attorney General or any person aggrieved by a violation
of the provisions of this subchapter shall provide the public body written notice
that alleges a specific violation of this subchapter and requests a specific cure
of such violation. The public body will not be liable for attorney’s fees and
litigation costs under subsection (d) of this section if it cures in fact a violation
of this subchapter in accordance with the requirements of this subsection.
(2)
Upon receipt of the written notice of alleged violation, the public
body shall respond publicly to the alleged violation within seven business
days by:
(A)
acknowledging the violation of this subchapter and stating an
intent to cure the violation within 14 calendar days; or
- 756 -
(B)
stating that the public body has determined that no violation has
occurred and that no cure is necessary.
(3)
Failure of a public body to respond to a written notice of alleged
violation within seven business days shall be treated as a denial of the violation
for purposes of enforcement of the requirements of this subchapter.
(4)
Within 14 calendar days after a public body acknowledges a
violation under subdivision (2)(A) of this subsection, the public body shall
cure the violation at an open meeting by:
(A)
either ratifying, or declaring as void, any action taken at or
resulting from a meeting in violation of this subchapter; and
(B)
adopting specific measures that actually prevent future violations.
(c)
Following expiration of the seven-business-day response period of
subdivision
(b)(2)
of
this
section
and,
if
applicable,
of
the
additional
14-calendar-day cure period for public bodies acknowledging a violation, the
Attorney General or any person aggrieved by a violation of the provisions of
this subchapter may apply to the superior court bring an action in the Civil
Division of the Superior Court in the county in which the violation has taken
place for appropriate injunctive relief or for a declaratory judgment.
An action
may be brought under this section no later than one year after the meeting at
which the alleged violation occurred or to which the alleged violation relates.
Except as to cases the court Court considers of greater importance, proceedings
before the superior court Civil Division of the Superior Court, as authorized by
this section and appeals therefrom, take precedence on the docket over all
cases and shall be assigned for hearing and trial or for argument at the earliest
practicable date and expedited in every way.
(d)
The Court shall assess against a public body found to have violated the
requirements of this subchapter reasonable attorney’s fees and other litigation
costs reasonably incurred in any case under this subchapter in which the
complainant has substantially prevailed, unless the Court finds that:
(1)(A)
the public body had a reasonable basis in fact and law for its
position; and
(B)
the public body acted in good faith.
In determining whether a
public body acted in good faith, the Court shall consider, among other factors,
whether the public body responded to a notice of an alleged violation of this
subchapter in a timely manner under subsection (b) of this section; or
(2)
the public body cured the violation in accordance with subsection (b)
of this section.
Sec. 5.
EFFECTIVE DATE
- 757 -
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-2)
H. 602
An act relating to municipal budget committees
Rep. Devereux of Mount Holly,
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.
17 V.S.A. § 2646 is amended to read:
§ 2646.
TOWN OFFICERS; QUALIFICATION; ELECTION
At the annual meeting, a town shall choose from among its legally qualified
voters the following town officers, who shall serve until the next annual
meeting and until successors are chosen, unless otherwise provided by law:
* * *
(8)
A collector of current taxes, if the town so orders votes;
(9)
A collector of delinquent taxes, if the town so orders votes, for a
term of one year unless a town votes that a collector of delinquent taxes shall
be elected for a term of three years.
When a town votes for a three-year term
for the collector of delinquent taxes, that three-year term shall remain in effect
until the town rescinds it by the majority vote of the legal voters present and
voting at an annual meeting, duly warned for that purpose;
* * *
(12)
A trustee of public funds if the town has so ordered votes;
* * *
(14)
A cemetery commissioner if the town has so ordered votes;
(15)
One or more patrol officers to patrol town highways under the
direction of the selectboard, if the town so orders votes;
(16)
One or two road commissioners who shall be elected by ballot if
the town has so ordered votes; otherwise they shall be appointed by the
selectboard
as
provided
in
section
2651
of
this
chapter.
The
road
commissioners shall be elected for a term of one year unless a town votes that
the commissioners shall be elected for a term of two or three years.
When a
town
votes
for
a
two-year
or
three-year
term
for
the
office
of
road
commissioner, that two-year or three-year term shall remain in effect until the
town rescinds it by the majority vote of the legal voters present and voting at
an annual meeting, duly warned for that purpose;
- 758 -
(17)
Three
water
commissioners
unless
the
town
votes
to
elect
additional
selectboard
members,
in
which
case
the
number
of
water
commissioners shall, at the discretion of the selectboard, be the same as the
number of members that comprise the selectboard.
The commissioners shall
be elected by ballot if the town has so ordered votes; otherwise they shall be
appointed by the selectboard as provided in section 2651 of this chapter;
(18)
Five members of an advisory budget committee, if the town so
votes, unless the town votes to elect additional advisory budget committee
members.
The advisory budget committee members shall be elected by ballot,
unless the town votes to have those members appointed by the selectboard.
Sec. 2.
24 V.S.A. chapter 33, subchapter 14 is added to read:
Subchapter 14.
Budget Committee
§ 1147.
ADVISORY BUDGET COMMITTEE CREATION; DUTIES
If a municipality creates an advisory budget committee as provided in
17 V.S.A. § 2646, the committee shall evaluate the municipality’s budget and
make recommendations to the selectboard for the budget based on its findings.
Sec. 3.
EFFECT OF ACT; PREVIOUS TOWN ORDERS
A town that has ordered the election of officers under the provisions of
17 V.S.A. § 2646 prior to the effective date of Sec. 1 of this act may continue
to elect those officers after the effective date of Sec. 1 of this act.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-2)
H. 685
An act relating to identification and registration of moorings
Rep. Quimby of Concord,
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:
Sec. 1.
29 V.S.A. § 401 is amended to read:
§ 401.
POLICY
(a)
Lakes and ponds which are public waters of Vermont and the lands
lying thereunder are a public trust, and it is the policy of the State that these
waters and lands shall be managed to serve the public good, as defined by
section 405 of this title, to the extent authorized by statute.
For the purposes of
this chapter, the exercise of this management shall be limited to encroachments
- 759 -
subject to section 403 of this title subchapter 2 and moorings subject to
subchapter 3 of this chapter.
The management of these waters and lands shall
be exercised by the Department of Environmental Conservation in accordance
with this chapter and the rules of the Department.
(b)
For the purposes of regulation of encroachments under subchapter 2 of
this chapter, jurisdiction of the Department shall be construed as extending to
all lakes and ponds which are public waters and the lands lying thereunder,
which lie beyond the shoreline or shorelines delineated by the mean water
level of any lake or pond which is a public water of the State, as such mean
water level is determined by the Department.
For the purposes of regulation of
encroachments under subchapter 2 of this chapter, jurisdiction shall include
encroachments
of
docks
and
piers
on
the
boatable
tributaries
of
Lake
Champlain
and
Lake
Memphremagog
upstream
to
the
first
barrier
to
navigation, and encroachments of docks and piers on the Connecticut River
impoundments and boatable tributaries of such impounds upstream to the first
barrier to navigation.
No provision of this chapter shall be construed to permit
trespass on private lands without the permission of the owner.
(c)
For purposes of regulation of moorings regulated under subchapter 3 of
this chapter, jurisdiction of the Department shall be construed as extending to
all public waters of the State.
Sec. 2.
29 V.S.A. § 402(8) is added to read:
(8)
“Mooring” means a buoy, piling, stake, or other apparatus used to
secure, berth, or moor vessels in public water.
It does not include fixed piers
connected to the shore or accessory structures directly related thereto that are
encroachments subject to the permitting requirements of section 403 of this
title.
Sec. 3.
29 V.S.A. § 403(b) is amended to read:
(b)
A permit shall not be required for the following uses provided that
navigation or boating is not unreasonably impeded:
* * *
(6)
Moorings, as defined by subdivision 402(8) of this chapter.
Sec. 4.
29 V.S.A. § 406 is amended to read:
§ 406.
APPEALS
Appeals of any act or decision of the department Department under this
chapter subchapter shall be made in accordance with 10 V.S.A. chapter 220 of
Title 10.
Sec. 5.
29 V.S.A. § 409 is amended to read:
- 760 -
§ 409.
INJUNCTION
Any person aggrieved by any violation of this chapter subchapter, or the
attorney general Attorney General at the request of the department Department,
may institute any appropriate action in the superior court Superior Court of the
county in which a proposed or existing encroachment is located to prevent,
restrain, correct, or abate any violation of this chapter subchapter or of the
conditions of any permit issued under this chapter subchapter.
Sec. 6.
29 V.S.A. chapter 11, subchapter 3 is added to read:
Subchapter 3.
Moorings
§ 416.
IDENTIFICATION OF MOORINGS
(a)
A person who places a mooring on or in the waters of the State shall
paint on or attach to the mooring the owner’s name and address.
(b)
Any person may use a mooring not bearing the owner’s name and
address to secure his or her vessel.
§ 417.
UNAUTHORIZED USE OF MOORINGS
A person who ties or otherwise attaches a vessel to an identified mooring of
another without express permission of the mooring’s owner is subject to an
administrative penalty of not more than $75.00.
§ 418. APPEALS
Appeals of any act or decision of the Department under this subchapter
shall be made in accordance with 10 V.S.A. chapter 220.
§ 419.
APPLICATION OF MUNICIPAL ORDINANCES
This subchapter shall not apply to a mooring subject to a validly issued
municipal ordinance.
Sec. 7.
RECODIFICATION
29 V.S.A. §§ 401–402 are recodified within chapter 11 to be subchapter 1,
which is added to read:
Subchapter 1.
General Provisions
Sec. 8.
RECODIFICATION
29 V.S.A. §§ 403–410 are recodified within chapter 11 to be subchapter 2,
which is added to read:
Subchapter 2.
Encroachments
Sec. 9.
EFFECTIVE DATE
- 761 -
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-0)
Favorable
H. 718
An act relating to approval of amendments to the charter of the Village of
Derby Line
Rep. Lewis of Berlin
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 9-0-2)
H. 864
An act relating to capital construction and State bonding budget adjustment.
(Rep.
Emmons
of
Springfield
will
speak
for
the
Committee
on
Corrections and Institutions.)
Rep. Winters of Williamstown,
for the Committee on
Appropriations,
recommends the bill ought to pass.
(Committee Vote: 11-0-0)
NOTICE CALENDAR
Favorable with Amendment
H. 227
An act relating to licensing and regulating property inspectors
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. § 122 is amended to read:
§ 122.
OFFICE OF PROFESSIONAL REGULATION
An Office of Professional Regulation is created within the Office of the
Secretary of State.
The Office shall have a director who shall be appointed by
the Secretary of State and shall be an exempt employee.
The following boards
or professions are attached to the Office of Professional Regulation:
* * *
(42)
Landscape Architects
(43)
Property Inspectors.
- 762 -
Sec. 2.
26 V.S.A. chapter 19 is added to read:
PROPERTY INSPECTORS
Subchapter 1.
General Provisions
§ 1051.
PURPOSE AND EFFECT
In order to safeguard the life and health of the people of this State, no
person shall practice, or offer to practice, property inspecting unless currently
licensed under this chapter.
§ 1052.
DEFINITIONS
As used in this chapter:
(1)
“Director” means the Director of the Office of Professional
Regulation.
(2)
“License” means a current authorization granted by the Director
permitting the practice of property inspecting.
(3)
“Practice of property inspecting” means performing or offering to
perform services involving the physical inspection of real property structures
and other improvements for a fee or other compensation in order to evaluate
the condition of the property, including any safety issues or material defects.
(4)
“Property inspector” means a person who is licensed under this
chapter to engage in the practice of property inspecting.
§ 1053.
PROHIBITIONS; OFFENSES
(a)
It shall be a violation of this chapter for any person to:
(1)
sell or fraudulently obtain or furnish any property inspector degree,
diploma, certificate of registration, license, or any other related document or
record or to aid or abet in so doing;
(2)
practice property inspecting under cover of any degree, diploma,
registration, license, or related document or record illegally or fraudulently
obtained or signed or issued unlawfully or under fraudulent representation;
(3)
practice property inspecting unless currently licensed to do so under
the provisions of this chapter;
(4)
represent himself or herself as being licensed by this State to practice
property inspecting or use in connection with a name any words, letters, signs,
or figures that imply that a person is a property inspector when not licensed or
otherwise authorized under this chapter; or
(5)
practice
property
inspecting
during
the
time
a
license
or
- 763 -
authorization issued under this chapter is suspended or revoked.
(b)
Any person violating this section shall be subject to the penalties
provided in 3 V.S.A. § 127.
§ 1054.
EXCEPTIONS
This chapter does not prohibit:
(1)
the practice of property inspection that is incidental to his or her
program of study by a person enrolled in a property inspection training
program approved by the Director; or
(2)
the practice of any other occupation or profession by a person duly
licensed or otherwise authorized under the laws of this State.
Subchapter 2.
Administration
§ 1071.
DUTIES OF THE DIRECTOR
(a)
The Director shall:
(1)
provide general information to applicants for licensure as property
inspectors;
(2)
receive applications for licensure and issue licenses to applicants
qualified under this chapter;
(3)
administer fees as established by law;
(4)
refer all disciplinary matters to an administrative law officer;
(5)
renew, revoke, and reinstate licenses as ordered by an administrative
law officer; and
(6)
explain appeal procedures to licensed property inspectors and to
applicants, and complaint procedures to the public.
(b)
The Director may adopt rules necessary to perform his or her duties
under this section.
§ 1072.
ADVISOR APPOINTEES
(a)
The Secretary of State shall appoint two property inspectors for
five-year staggered terms to serve at the Secretary’s pleasure as advisors in
matters relating to property inspection.
One of the initial appointments may be
for less than a five-year term.
(b)
An appointee shall have not less than five years’ experience as a
property inspector immediately preceding appointment; shall be licensed as a
property inspector in Vermont; and shall be actively engaged in the practice of
property inspecting in this State during incumbency.
- 764 -
(c)
The Director shall seek the advice of the property inspector advisors in
carrying out the provisions of this chapter.
Subchapter 3.
Licenses
§ 1091.
ELIGIBILITY FOR LICENSURE
Each applicant for licensure as a property inspector shall meet the following
minimum requirements:
(1)
Be at least 18 years of age and have successfully completed high
school or its equivalent.
(2)
Complete no less than 80 hours of education approved by the
Director covering all of the following real property core components:
(A)
heating systems;
(B)
cooling systems;
(C)
plumbing systems;
(D)
electrical systems;
(E)
structural components;
(F)
foundations;
(G)
roof coverings;
(H)
exterior and interior components; and
(I)
site aspects as they affect the building.
(3)
Pass an examination required for licensure.
The Director shall
identify by rule an eligibility examination required for licensure that is an
independent, nationally recognized proctored examination.
(4)
Complete a minimum number of property inspections incidental to a
program of study in a property inspection training program administered by an
independent, nationally recognized organization.
The Director shall identify
by rule the minimum number of inspections and acceptable organizations
required by this subdivision (4).
(5)
Provide proof of certification issued by an independent, nationally
recognized organization that provides certification for property inspectors.
The Director shall identify by rule acceptable organizations for certification.
§ 1092.
LICENSE RENEWAL
(a)
A license shall be renewed every two years on a schedule determined by
the Director upon application and payment of the required fee.
Failure to
comply with the provisions of this section shall result in suspension of all
- 765 -
privileges granted to the licensee, beginning on the expiration date of the
license.
(b)
A license that has lapsed may be renewed upon payment of the biennial
renewal fee and the late renewal penalty.
(c)
The Director may adopt rules necessary for the protection of the public
to assure the Director that an applicant whose license has lapsed or who has
not worked for more than five years as a property inspector is professionally
qualified for license renewal.
Conditions imposed under this subsection shall
be in addition to the requirements of subsection (a) of this section.
§ 1093.
APPLICATIONS
Applications for licensure and license renewal shall be on forms provided
by the Director.
Each application shall contain a statement under oath showing
the applicant’s education, experience, and other pertinent information and shall
be accompanied by the required fee.
§ 1094.
LICENSURE GENERALLY
The Director shall issue a license or renew a license, upon payment of the
fees
required
under
this
chapter,
to
an
applicant
or
licensee
who
has
satisfactorily met all the requirements of this chapter.
§ 1095.
FEES
Applicants and persons regulated under this chapter shall pay those fees set
forth in 3 V.S.A. § 125.
Sec. 3.
TRANSITIONAL PROVISIONS
(a)
Notwithstanding
the
provision
of
Sec.
2
of
this
act,
26 V.S.A. § 1072(b) (advisor appointees; qualifications), that requires an
advisor appointee to be licensed as a property inspector in Vermont, an initial
advisor appointee may be in the process of applying for licensure if he or she
otherwise meets the requirements for licensure as a property inspector and the
other requirements of Sec. 2 of this act, 26 V.S.A. chapter 19.
(b)
A person who has been actively engaged in the business of property
inspection in this State as the primary means of his or her livelihood for at least
five years preceding the effective date of this subsection shall be eligible for
licensure without completion of the licensure eligibility requirements of
Sec. 2 of this act, 26 V.S.A. § 1091(2)–(5) (eligibility for licensure).
Such an
applicant shall be issued a license by providing evidence satisfactory to the
Director of the knowledge and experience equivalent to the licensure eligibility
requirements of Sec. 2 of this act, 26 V.S.A. chapter 19.
All applicants shall
pay an initial fee and fulfill all other license application requirements.
- 766 -
(c)
Effective on July 1, 2016, all applicants for initial licensure or renewal
shall meet the licensure eligibility requirements of Sec. 2 of this
act,
26 V.S.A. § 1091.
(d)
The Director of the Office of Professional Regulation may adopt rules
necessary to perform his or her duties under Sec. 2 of this act, 26 V.S.A.
chapter 19, prior to the effective date of that section.
Sec. 4.
EFFECTIVE DATES
This act shall take effect on July 1, 2014 except this section and Sec. 3
(transitional provisions), which 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: 9-0-2)
H. 631
An act relating to lottery commissions
Rep. Van Wyck of Ferrisburgh,
for the Committee on
General, Housing
and Military Affairs,
recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
31 V.S.A. § 658 is amended to read:
§ 658.
STATE LOTTERY FUND
* * *
(b)
Expenditures for administrative and overhead expenses of the operation
of the lottery, except agent and bank commissions, shall be paid from lottery
receipts
from
an
appropriation
authorized
for
that
purpose.
Agent
commissions shall be set by the lottery commission Lottery Commission and
may not exceed 6.25 percent of gross receipts and bank commissions may not
exceed 1 one percent of gross receipts.
Any store that sells a winning draw
ticket shall receive its commission in a manner consistent with the rules
adopted by the Lottery Commission.
* * *
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 8-0-0)
- 767 -
Favorable
H. 683
An act relating to the income tax checkoff for Vermont Green Up
Rep. Clarkson of Woodstock
, for the Committee on
Ways and Means,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
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. 235
House concurrent resolution congratulating Alexina Federhen on winning
U.S. Senator Bernie Sanders’s 2014 State of the Union Essay Contest
H.C.R. 236
House concurrent resolution honoring employees of municipal public works
departments and designating May 18–24, 2014 as Public Works Week in
Vermont
H.C.R. 237
House concurrent resolution congratulating Stephen A. Sampson on his
selection as the 2013 Vermont Assistant Principal of the Year
H.C.R. 238
House concurrent resolution honoring Diane Marcoux-LaClair on her career
accomplishments as an elementary school teacher
H.C.R. 239
House concurrent resolution congratulating the Town of Londonderry on its
revitalization of Pingree Park
H.C.R. 240
House concurrent resolution honoring Lexa Clark for her leadership as captain
of the Jamaica Rescue Squad
- 768 -
H.C.R. 241
House concurrent resolution congratulates CVS Caremark for the decision to
terminate the sale of all tobacco products, including cigarettes
H.C.R. 242
House concurrent resolution honoring the federal TRIO programs in Vermont
H.C.R. 243
House concurrent resolution designating March 2014 as Myeloma Awareness
Month in Vermont
H.C.R. 244
House concurrent resolution honoring the New Haven Town moderators
H.C.R. 245
House concurrent resolution congratulating Elaine Pinckney on her being
named the 2013 Frederick H. Tuttle Superintendent of the Year
H.C.R. 246
House concurrent resolution designating April 2014 as Month of the Military
Child in Vermont
H.C.R. 247
House concurrent resolution honoring the retiring Weybridge Selectboard
members Gale Hurd, Steven Smith, and Peter James
H.C.R. 248
House concurrent resolution honoring Bridport’s Collector of Delinquent
Taxes Harry “Boo” Duffany
H.C.R. 249
House concurrent resolution recognizing the significant health care role of the
Rutland Area Visiting Nurse Association and Hospice
H.C.R. 250
House concurrent resolution congratulating U.S. Navy Ensign Matthew
McVay on his graduation from the U.S. Naval Academy with a 4.0 GPA
H.C.R. 251
House concurrent resolution in memory of former Representative and Senator
Merritt S. Hewitt
- 769 -
H.C.R. 252
House concurrent resolution commemorating the 250th anniversary of the
Town of Corinth
H.C.R. 253
House concurrent resolution congratulating Edward Koren of Brookfield on his
being named Vermont’s newest Cartoonist Laureate
H.C.R. 254
House concurrent resolution honoring Laura Soares of Randolph for her
contributions to public education policy and governance
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.