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House Calendar
Friday, February 28, 2014
53rd DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 217
Smoking in partially enclosed structures, lodging establishments, and
state lands ...................................................................................................... 770
H. 497
The open meeting law ....................................................................... 770
H. 602
Municipal budget committees ........................................................... 770
H. 718
Approval of amendments to the charter of the Village of Derby Line
....................................................................................................................... 770
H. 864
Capital construction and State bonding budget adjustment .............. 770
Favorable with Amendment
H. 227
Licensing and regulating property inspectors ................................... 770
Rep. Higley for Government Operations
Rep. Branagan for Ways and Means ............................................................. 775
H. 631
Lottery commissions ......................................................................... 775
Rep. Van Wyck for General, Housing and Military Affairs
Favorable
H. 683
The income tax checkoff for Vermont Green Up .............................. 776
Rep. Clarkson for Ways and Means
Action Under Rule 52
H.R. 14
Relating to federal regulation of the propane market ...................... 776
H.R. 15
Commemorating the Battle of the Wilderness ................................ 776
Action Postponed Until March 11, 2014
Favorable with Amendment
H. 685
Identification and registration of moorings ....................................... 776
NOTICE CALENDAR
Favorable with Amendment
H. 123
Lyme disease and other tick-borne illnesses ..................................... 776
Rep. Fisher for Health Care
H. 542
The taxation of soil amendments ....................................................... 778
Rep. Stevens for Agriculture and Forest Products
Rep. Johnson for Ways and Means ............................................................... 779
H. 650
Establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund ............................................................................ 780
Rep. Beyor for Fish, Wildlife and Water Resources
Rep. Helm for Appropriations ....................................................................... 782
H. 795
Victim’s compensation and restitution procedures ........................... 782
Rep. Fay for Judiciary
Rep. Fagan for Appropriations ...................................................................... 788
H. 799
The importation of untreated firewood ............................................. 788
Rep. Martin for Agriculture and Forest Products
Consent Calendar
H.C.R. 235
Congratulating Alexina Federhen on winning U.S. Senator Bernie
Sanders’s 2014 State of the Union Essay Contest ......................................... 790
H.C.R. 236
Honoring employees of municipal public works departments and
designating May 18–24, 2014 as Public Works Week in Vermont .............. 790
H.C.R. 237
Congratulating Stephen A. Sampson on his selection as the 2013
Vermont Assistant Principal of the Year ....................................................... 790
H.C.R. 238
Honoring Diane Marcoux-LaClair on her career accomplishments
as an elementary school teacher .................................................................... 790
H.C.R. 239
Congratulating the Town of Londonderry on its revitalization of
Pingree Park ................................................................................................... 790
H.C.R. 240
Honoring Lexa Clark for her leadership as captain of the Jamaica
Rescue Squad ................................................................................................. 790
H.C.R. 241
Congratulates CVS Caremark for the decision to terminate the sale
of all tobacco products, including cigarettes ................................................. 790
H.C.R. 242
Honoring the federal TRIO programs in Vermont .................... 790
H.C.R. 243
Designating March 2014 as Myeloma Awareness Month in
Vermont ......................................................................................................... 790
H.C.R. 244
Honoring the New Haven Town moderators ............................. 790
H.C.R. 245
Congratulating Elaine Pinckney on her being named the 2013
Frederick H. Tuttle Superintendent of the Year ............................................ 790
H.C.R. 246
Designating April 2014 as Month of the Military Child in
Vermont ......................................................................................................... 791
H.C.R. 247
Honoring the retiring Weybridge Selectboard members Gale Hurd,
Steven Smith, and Peter James ...................................................................... 791
H.C.R. 248
Honoring Bridport’s Collector of Delinquent Taxes Harry “Boo”
Duffany .......................................................................................................... 791
H.C.R. 249
Recognizing the significant health care role of the Rutland Area
Visiting Nurse Association and Hospice ....................................................... 791
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 .......................... 791
H.C.R. 251
In memory of former Representative and Senator Merritt S. Hewitt
....................................................................................................................... 791
H.C.R. 252
Commemorating the 250th anniversary of the Town of Corinth791
H.C.R. 253
Congratulating Edward Koren of Brookfield on his being named
Vermont’s newest Cartoonist Laureate ......................................................... 791
H.C.R. 254
Honoring Laura Soares of Randolph for her contributions to public
education policy and governance .................................................................. 791
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 217
An act relating to smoking in partially enclosed structures, lodging
establishments, and state lands
H. 497
An act relating to the open meeting law
H. 602
An act relating to municipal budget committees
H. 718
An act relating to approval of amendments to the charter of the Village of
Derby Line
H. 864
An act relating to capital construction and State bonding budget adjustment
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.
Sec. 2.
26 V.S.A. chapter 19 is added to read:
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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
authorization issued under this chapter is suspended or revoked.
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(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.
(c)
The Director shall seek the advice of the property inspector advisors in
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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
privileges granted to the licensee, beginning on the expiration date of the
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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.
(c)
Effective on July 1, 2016, all applicants for initial licensure or renewal
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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)
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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)
Action Under Rule 52
H.R. 14
House resolution relating to federal regulation of the propane market
(For text see House Journal 2/27/2014)
H.R. 15
House resolution commemorating the Battle of the Wilderness
(For text see House Journal 2/27/2014)
Action Postponed Until March 11, 2014
Favorable with Amendment
H. 685
An act relating to identification and registration of moorings
NOTICE CALENDAR
Favorable with Amendment
H. 123
An act relating to Lyme disease and other tick-borne illnesses
Rep. Fisher of Lincoln,
for the Committee on
Health Care,
recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1.
FINDINGS
The General Assembly finds:
(1)
Lyme disease, caused by one or more Borrelia species of spirochete
bacteria, is increasingly widespread in Vermont and has become endemic in
the State.
(2)
Lyme disease is a fast growing vector-borne disease in Vermont.
(3)
Lyme disease may be successfully treated with a short-term course
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of antibiotics if diagnosed early; however, for patients whose Lyme disease is
not identified early, complex and ongoing symptoms may require more
aggressive treatment as acknowledged by the Centers for Disease Control and
Prevention and the International Lyme and Associated Diseases Society.
(4)
Treatment of Lyme disease needs to be tailored to the individual
patient, and there is a range of opinions within the medical community
regarding proper treatment of Lyme disease.
(5)
Coinfection by other tick-borne illnesses may complicate and
lengthen the course of treatment.
Sec. 2.
PURPOSE
The purpose of this act is to ensure that patients have access to treatment for
Lyme disease and other tick-borne illnesses in accordance with their needs and
the clinical judgment of their physicians.
Sec. 3.
POLICY STATEMENT
A policy statement clearly communicating the following shall be issued by
the Vermont State Board of Medical Practice to physicians licensed pursuant
to 26 V.S.A. chapter 23 and to physician assistants licensed pursuant to
26 V.S.A. chapter 31; the Vermont Board of Osteopathic Physicians to
physicians licensed pursuant to 26 V.S.A. chapter 33; and the Vermont Board
of Nursing to advanced practice registered nurses licensed pursuant to 26
V.S.A. chapter 28:
(1)
a physician, physician assistant, or nurse practitioner, as appropriate,
shall document the basis for diagnosis of and treatment for Lyme disease, other
tick-borne illness, or coinfection in a patient’s medical record;
(2)
a physician, physician assistant, or nurse practitioner, as appropriate,
shall obtain a patient’s informed consent in writing prior to administering any
proposed long-term treatment for Lyme disease, other tick-borne illness, or
coinfection; and
(3)
the Board shall not pursue disciplinary action against a physician,
physician assistant, or nurse practitioner, as appropriate, solely for the use of
medical care recognized by the guidelines of the Centers for Disease Control
and Prevention, Infectious Diseases Society of America, or International Lyme
and Associated Diseases Society for the treatment of a patient’s symptoms
when the patient is clinically diagnosed with Lyme disease or other tick-borne
illness; however, this does not preclude discipline for errors, omissions, or
other misconduct when practicing within such guidelines.
Sec. 4.
EFFECTIVE DATE
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This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
H. 542
An act relating to the taxation of soil amendments
Rep. Stevens of Shoreham,
for the Committee on
Agriculture and Forest
Products,
recommends the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1.
32 V.S.A. § 9701(48)–(50) are added to read:
(48)
Compost:
means a stable humus-like material produced by the
controlled
biological
decomposition
of
organic
matter
through
active
management, but does not mean sewage, septage, or materials derived from
sewage or septage.
(49)
Manipulated animal manure:
means manure that is ground,
pelletized, mechanically dried, or consists of separated solids.
(50)
Perlite:
means a lightweight granular material made of volcanic
material expanded by heat treatment for use in growing media.
(51)
Planting mix:
means material that is:
(A)
used in the production of plants; and
(B)
made substantially from compost, peat moss, or coir and other
ingredients
that
contribute
to
fertility
and
porosity,
including
perlite,
vermiculite, and other similar materials.
(52)
Vermiculite:
means a lightweight mica product expanded by heat
treatment for use in growing media.
Sec. 2.
32 V.S.A. § 9741 is amended to read:
§ 9741.
SALES NOT COVERED
Retail sales and use of the following shall be exempt from the tax on retail
sales imposed under section 9771 of this title and the use tax imposed under
section 9773 of this title.
* * *
(3)
Agriculture
feeds,; seed,; plants,; baler
twine,; silage
bags,;
agricultural wrap,; sheets of plastic for bunker covers,; liming materials,;
breeding and other livestock,; semen breeding fees,; baby chicks,; turkey
poults,; agriculture chemicals other than pesticides,; veterinary supplies, and;
bedding; clean high carbon bulking agents, as that term is used in the Agency
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of Natural Resources Solid Waste Management Rules, used for composting;
food residuals used for composting or on-farm energy production; and
fertilizers and pesticides for use and consumption directly in the production for
sale of tangible personal property on farms, including stock, dairy, poultry,
fruit and truck farms, orchards, nurseries, or in greenhouses or other similar
structures
used primarily
for
the
raising
of
agricultural
or
horticultural
commodities for sale.
* * *
(49)
Sales of compost, animal manure, manipulated animal manure, and
potting soil.
Sec. 3.
APPLICATION OF SALES TAX; COMPOST
Notwithstanding the imposition under 32 V.S.A. § 9771 of the sales and use
tax on the sale of composting for farming, the Department of Taxes shall not
impose or collect the sales and use tax on the sale of compost for farming that
occurred between January 1, 2012 and July 1, 2014, and taxes paid on such
charges shall be refunded upon request if made within the statute of limitations
and documented to the satisfaction of the Commissioner of Taxes.
As used in
this section, “compost” shall have the same meaning as defined in 10 V.S.A.
§ 1266b(1) and “farming” shall have the same meaning as defined in 10 V.S.A.
§ 6001(22).
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
Rep. Johnson of Canaan,
for the Committee on
Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committee on
Agriculture and Forest Products
and when further amended
as follows:
First:
By striking out Sec. 2 in its entirety and inserting in lieu thereof the
following:
Sec. 2.
32 V.S.A. § 9741 is amended to read:
§ 9741.
SALES NOT COVERED
Retail sales and use of the following shall be exempt from the tax on retail
sales imposed under section 9771 of this title and the use tax imposed under
section 9773 of this title.
* * *
(49)
Clean high carbon bulking agents, as that term is used in the
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Agency of Natural Resources’ Solid Waste Management Rules, used for
commercial or on-farm composting, and food residuals used for commercial or
on-farm composting or on-farm energy production;
(50)
Compost, animal manure, manipulated animal manure, and planting
mix when any of these items are sold in bulk.
As used in this subsection, the
term “sold in bulk” shall mean sold in a form that is not prepackaged, or sold
in a packaged form in volumes greater than one cubic yard.
Second:
By striking out Sec. 3 in its entirety and inserting in lieu thereof
the following:
Sec. 3.
STATUTORY PURPOSE
The statutory purpose of the exemptions for composting materials, compost,
animal manure, manipulated animal manure, and planting mix in 32 V.S.A.
§ 9741(49) and (50) is to support the composting industry, and to further the
goals of 2012 Acts and Resolves No. 148.
The Office of Legislative Council is
authorized to place these statutory purposes in the appropriate statutory
sections prior to July 1, 2014.
( Committee Vote: 10-0-1)
H. 650
An act relating to establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund
Rep. Beyor of Highgate,
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.
10 V.S.A. § 1264d is added to read:
§ 1264d.
ECOSYSTEM RESTORATION AND WATER QUALITY
IMPROVEMENT SPECIAL FUND
(a)
Purpose.
The federal and State requirements for the permitting of
Municipal Separate Storm Sewer Systems (MS4) require certain communities
to
collect
water
flow
and
precipitation
data
at
monitoring
stations
on
stormwater-impaired
waters
in
order
to
demonstrate
compliance
with
stormwater Total Maximum Daily Load allocations.
The costs, equipment,
and
expertise
to
conduct
monitoring
can
be prohibitive
to
individual
communities.
The establishment of the Ecosystem Restoration and Water
Quality Improvement Special Fund is intended to ensure municipal compliance
with the monitoring requirements for MS4 communities while reducing the
fiscal and other pressures on these communities.
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(b)
Creation of fund; purpose.
There is created an Ecosystem Restoration
and Water Quality Improvement Special Fund, to be managed in accordance
with the requirements of 32 V.S.A. chapter 7, subchapter 5, and to be
administered
by
the
Secretary
of
Natural
Resources.
The
Ecosystem
Restoration and Water Quality Improvement Special Fund shall be used to
provide assistance to municipalities in fulfilling the monitoring, education, and
other
requirements
of
the
MS4
permitting
program.
The
Secretary
is
authorized to collect monies for the Fund and to make disbursements from the
Fund directly related to the Secretary’s oversight of monitoring required under
the MS4 program.
(c)
Participation by municipalities.
(1)
A municipality may through a memorandum of understanding
(MOU) with the Secretary of Natural Resources agree to contribute to the
Ecosystem Restoration and Water Quality Improvement Special Fund to
perform the monitoring and other data collection that a municipality is required
to
conduct
under
the
MS4
permitting
program.
Under
the
MOU,
a
municipality shall commit to contribute to the Fund the municipalities share of
funding required by the Agency of Natural Resources to perform MS4
monitoring
and
provide
oversight
and
administration.
Memoranda
of
understanding
shall
serve
to
coordinate
funding
and
work
among
municipalities, the State, and any entity contracted with or by a municipality or
the State for the purposes of improving water quality.
(2)
At a minimum, each memorandum of understanding developed
under this section shall contain the following:
(A)
the purpose of the memorandum of understanding;
(B)
a
description
of
the
work
to
be
performed
under
the
memorandum of understanding;
(C)
a description of how the coordinated work proposed under the
memorandum of understanding will improve water quality;
(D)
the entities eligible to participate under the memorandum of
understanding; and
(E)
the amount of required contribution by the entity, based on a
funding formula developed in consultation with entities eligible to participate
in the program.
(3)
A memorandum of understanding developed under this section shall
be posted on the Agency website and subject to a comment period of not less
than 30 days.
(4)
All participating entities, and the Agency, shall sign any final
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memoranda of understanding.
(d)
Fund proceeds.
(1)
The Ecosystem Restoration and Water Quality Improvement Special
Fund Deposits shall consist of:
(A)
payment of costs by participating MS4 communities;
(B)
monies appropriated by the General Assembly; and
(C)
any other source, public or private.
(2)
Unexpended balances and interest earned on the Fund shall be
retained in the Fund for use in accordance with the purposes of the Fund.
(e)
Fund accounts; expenditures.
(1)
The Secretary shall maintain separate accounts within the Ecosystem
Restoration
and
Water
Quality
Improvement
Special
Fund
for
each
memorandum of understanding.
The Secretary may establish within the Fund
an account for the purpose of conducting education and outreach related to
improvements to water quality.
(2)
Expenditures from an account shall be limited to the purposes
established by the memorandum of understanding associated with that account.
The Secretary is prohibited from disbursing funds on behalf of an entity that
failed to contribute its assigned allocation pursuant to the funding formula
established by the Secretary or for any purpose not associated with that
account.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-0)
Rep. Helm of Fair
Haven,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
Fish, Wildlife & Water Resources.
(Committee Vote: 10-0-1)
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:
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§ 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.
(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
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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
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
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(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
* * *
(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
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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
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.
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(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
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
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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)
Rep. Fagan of Rutland City,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
Judiciary.
(Committee Vote: 10-0-1)
H. 799
An act relating to the importation of untreated firewood
Rep. Martin of Springfield,
for the Committee on
Agriculture and Forest
Products,
recommends the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1.
10 V.S.A. chapter 83, subchapter 8 is added to read:
Subchapter 8.
Importation of Firewood
§ 2681.
IMPORTATION OF FIREWOOD; PROTECTION FROM
INVASIVE PESTS
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(a)
Definitions.
As used in this section:
(1)
“Commissioner”
means the Commissioner of Forests, Parks and
Recreation.
(2)
“Department” means
the Department
of Forests, Parks and
Recreation.
(3) “Firewood” means wood that is sold or transported for residential or
recreational consumption in fireplaces, woodstoves, outdoor fireplaces, or
campfires.
“Firewood”
shall not mean wood chips, wood pellets, fuel for
biomass
boilers,
pulpwood,
or
other
wood
sold
or
transported
for
manufacturing purposes.
(b)
Rulemaking.
On or before July 1, 2015, the Commissioner, after
consultation with the Secretary of Agriculture, Food and Markets, shall adopt
rules regulating the importation of firewood into the State.
The rules shall
address:
(1)
whether certain types of firewood should be prohibited from
importation due to the potential to spread invasive species;
(2)
whether a health certificate or some other approval shall be required
to import firewood;
(3)
whether persons who produce or sell firewood in the State shall be
required to track purchases of firewood from out of State in order to allow for
identification of sources of invasive species; and
(4)
any other issue the Commissioner identifies as necessary for
preventing the importation of invasive species into the State when importing
firewood.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( 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
2/27/2014.
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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
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
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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
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
For Informational Purposes
The Joint Fiscal Committee recently received the following items:
JFO #2668
– $36,931,076 grant from the U.S. Department of
Education to the Vermont Agency of Human Services.
This award is a federal
Race to the Top Early Learning Challenge grant.
Funds will be used to
improve the quality of early learning opportunities and close the achievement
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gap for children with high needs.
Sixteen (16) limited service positions are
associated with this request.
In addition to the attached documents, over 400
pages of supporting documents were submitted with this request.
This
additional information is available on request from the Joint Fiscal Office.
Expedited review of this item has been requested.
Joint Fiscal Committee
members will be contacted by March 14 with a request to waive the balance of
the review period and approve this item.
Public Hearings
March 12, 2014 - Room 10 - DR14-742 - Governance Structure for Education
- House Education Committee
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.