Thumbnails Outlines
House Calendar
Tuesday, March 11, 2014
64th DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Action Postponed Until March 11, 2014
Favorable with Amendment
H. 685
Identification and registration of moorings ....................................... 793
Rep. Quimby for Fish, Wildlife and Water Resources
Rep. Donahue Amendment ........................................................................... 795
ACTION CALENDAR
Third Reading
H. 227
Licensing and regulating property inspectors ................................... 795
Rep. Higley et al Amendment ....................................................................... 796
H. 631
Lottery commissions ......................................................................... 796
Favorable with Amendment
H. 123
Lyme disease and other tick-borne illnesses ..................................... 796
Rep. Fisher for Health Care
H. 542
The taxation of soil amendments ....................................................... 797
Rep. Stevens for Agriculture and Forest Products
Rep. Johnson for Ways and Means ............................................................... 799
H. 650
Establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund ............................................................................ 800
Rep. Beyor for Fish, Wildlife and Water Resources
Rep. Helm for Appropriations ....................................................................... 802
H. 795
Victim’s compensation and restitution procedures ........................... 802
Rep. Fay for Judiciary
Rep. Fagan for Appropriations ...................................................................... 808
H. 799
The importation of untreated firewood ............................................. 808
Rep. Martin for Agriculture and Forest Products
NOTICE CALENDAR
Committee Bill for Second Reading
H. 869
Miscellaneous agricultural subjects ................................................... 809
Rep. Connor for Agriculture and Forest Products
Favorable with Amendment
H. 239
Information regarding the rights of landlords and tenants ................ 809
Rep. Weed for General, Housing and Military Affairs
H. 501
Operating a motor vehicle under the influence of alcohol or drugs .. 810
Rep. Waite-Simpson for Judiciary
H. 618
Exclusive jurisdiction over delinquency proceedings by the Family
Division of the Superior Court ...................................................................... 811
Rep. Wizowaty for Judiciary
H. 656
Professions and occupations regulated by the Office of Professional
Regulation ...................................................................................................... 812
Rep. Evans for Government Operations
H. 852
Improving workforce education and training .................................... 840
Rep. Kupersmith for Commerce and Economic Development
Favorable
H. 584
Municipal regulation of parking lots and meters ............................... 857
Rep. Martin for Government Operations
Senate Proposal of Amendment
H. 526
The establishment of lake shoreland protection standards ................ 857
- 793 -
ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until March 11, 2014
Favorable with Amendment
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
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.
- 794 -
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:
§ 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
- 795 -
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
This act shall take effect on July 1, 2014.
( Committee Vote: 9-0-0)
Amendment to be offered by Rep. Donahue of Northfield to the
recommendation of amendment of the Committee on Fish, Wildlife &
Water Resources to H. 685
In Sec. 6, by striking 29 V.S.A. § 417 in its entirety and inserting in lieu
thereof the following:
§ 417.
UNAUTHORIZED USE OF MOORINGS
Unless use of a mooring is necessary in a time of emergency to protect
personal safety or property, 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.
NEW BUSINESS
Third Reading
H. 227
An act relating to licensing and regulating property inspectors
- 796 -
Amendment
to
be
offered
by Reps. Higley
of
Lowell,
Cole
of
Burlington, Consejo of Sheldon, Devereux of Mount Holly, Evans of
Essex, Hubert of Milton, Lewis of Berlin, Martin of Wolcott, Mook of
Bennington, Sweaney of Windsor, and Townsend of South Burlington to
H. 227
In Sec. 2, 26 V.S.A. chapter 19, in § 1071 (duties of Director), in subsection
(b), before the period, by inserting “, and may adopt rules establishing
standards of practice for the profession”
H. 631
An act relating to lottery commissions
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
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
- 797 -
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
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
- 798 -
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
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
- 799 -
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
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.
- 800 -
§ 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.
(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
- 801 -
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
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.
- 802 -
(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:
§ 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
- 803 -
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
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
- 804 -
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
(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.
- 805 -
(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
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.
- 806 -
(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.
(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
- 807 -
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
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:
- 808 -
(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
(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.
- 809 -
(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)
NOTICE CALENDAR
Committee Bill for Second Reading
H. 869
An act relating to miscellaneous agricultural subjects.
(Rep. Connor of Fairfield
will speak for the Committee on
Agriculture
and Forest Products.)
Favorable with Amendment
H. 239
An act relating to information regarding the rights of landlords and tenants
Rep. Weed of Enosburgh,
for the Committee on
General, Housing and
Military Affairs,
recommends the bill be amended as follows:
In Sec. 2, the effective date, by striking out “2013” and inserting in lieu thereof
2014
( Committee Vote: 7-0-1)
- 810 -
H. 501
An act relating to operating a motor vehicle under the influence of alcohol
or drugs
Rep.
Waite-Simpson
of
Essex,
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.
INTENT
It is the intent of the General Assembly that 23 V.S.A. § 1201(a)(3) as
amended by this act be construed in the same manner that the Vermont
Supreme Court has construed 23 V.S.A. § 1201(a)(2).
In cases such as
State v.
Schmitt
, 150 Vt. 503, 508 (1988) and
State v. Storrs
, 105 Vt. 180, 185 (1933),
the Court has said that “under the influence of intoxicating liquor” means that a
person’s full mental or physical abilities are diminished, impaired, or affected
in the slightest degree by intoxicating liquor.
It is the intent of the General
Assembly that the words “under the influence of any other drug or under the
combined influence of alcohol and any other drug” in 23 V.S.A. § 1201(a)(3)
be interpreted in the same manner.
Sec. 2.
23 V.S.A. § 1201 is amended to read:
§
1201.
OPERATING
VEHICLE
UNDER
THE
INFLUENCE
OF
INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL
REFUSAL; ENHANCED PENALTY FOR BAC OF 0.16 OR MORE
(a)
A person shall not operate, attempt to operate, or be in actual physical
control of any vehicle on a highway:
(1) when the person’s alcohol concentration is 0.08 or more, or 0.02 or
more if the person is operating a school bus as defined in subdivision 4(34) of
this title; or
(2)
when the person is under the influence of intoxicating liquor; or
(3)
when the person is under the influence of any other drug or under the
combined influence of alcohol and any other drug to a degree which renders
the person incapable of driving safely; or
(4) when the person’s alcohol concentration is 0.04 or more if the person
is operating a commercial motor vehicle as defined in subdivision 4103(4) of
this title.
* * *
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 10-0-1)
- 811 -
H. 618
An act relating to exclusive jurisdiction over delinquency proceedings by
the Family Division of the Superior Court
Rep.
Wizowaty
of
Burlington,
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.
REPORT; PROTOCOLS FOR CHARGING ARRESTED MINORS
On or before January 1, 2015, the Department of Sheriffs and State’s
Attorneys shall report to the House and Senate Committees on Judiciary
regarding the treatment of arrested minors under 18 years of age.
The report
shall include written protocols for use by the Vermont State’s Attorneys
describing under what circumstances, according to which criteria, and for what
types of offenses minors under 18 years of age are:
(1)
charged as juveniles in the Family Division or as adults in the
Criminal Division;
(2)
treated as youthful offenders; and
(3)
transferred between the Family and Criminal Divisions.
Sec. 2.
COURT ADMINISTRATOR; NOTICE OF RIGHT TO TRANSFER;
FORM
(a)
The Court Administrator shall develop a form that informs a minor
charged with a criminal offense in the Criminal Division that:
(1)
there may be collateral consequences that result from pleading guilty
to a criminal offense in the Criminal Division; and
(2)
the minor has the right to request that the charges against him or her
be transferred from the Criminal Division to the Family Division pursuant to
33 V.S.A. chapter 52 (Delinquency Proceedings).
(b)
The Court Administrator shall ensure that the form developed pursuant
to subsection (a) of this section is provided to all persons under 18 years of age
who are charged with a criminal offense in the Criminal Division.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
and that after passage the title of the bill be amended to read: “An act relating
to delinquency proceedings”.
( Committee Vote: 10-0-1)
- 812 -
H. 656
An act relating to professions and occupations regulated by the Office of
Professional Regulation
Rep. Evans of Essex,
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:
* * * General Provisions * * *
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:
* * *
(11)
Board of Examiners for Nursing Home Administrators
(12)
Board of Examiners of Opticians
* * *
(17)
Board of Radiological Radiologic Technology
* * *
(20)
Veterinary Board of Veterinary Medicine
(21)
Motor Vehicle Racing Commission
(22)
Boxing.
* * *
(27)
[Deleted.] Tattooists and Body Piercers
* * *
(33)
[Deleted.] Respiratory Care Practitioners
* * *
Sec. 2.
3 V.S.A. § 123 is amended to read:
§ 123.
DUTIES OF OFFICE
* * *
(g)
The Office of Professional Regulation shall create a process for:
- 813 -
(1)
accepting education, training, or service completed by a member of
the U.S. Armed Forces toward the requirements of professional licensure or
certification;
(2)
creating a process for educational institutions under the supervision
of a licensing board to award educational credits to a member of the U.S.
Armed Forces for courses taken as part of the member’s military training or
service that meet the standards of the American Council on Education; and
(3)
expediting the issuance of a professional license to a person:
(A)
who is certified or licensed in another state;
(B)
whose spouse is a member of the U.S. Armed Forces and who
has been subject to a military transfer to Vermont; and
(C)
who left employment to accompany his or her spouse to
Vermont.
Sec. 3.
3 V.S.A. § 128 is amended to read:
§ 128.
DISCIPLINARY ACTION TO BE REPORTED TO THE BOARD
(a)
Any hospital, clinic, community mental health center, or other health
care institution in which a licensee performs professional services shall report
to the appropriate board, along with supporting information and evidence, any
disciplinary action taken by it or its staff, after an initial investigation or
hearing in which the licensee has been afforded the opportunity to participate,
which limits or conditions the licensee’s privilege to practice or leads to
suspension or expulsion from the institution.
The report shall be made within
ten days of the date such disciplinary action was taken, regardless of whether
the action is the subject of a pending appeal, and in the case of a licensee who
is employed by, or under contract with, a community mental health center, a
copy of the report shall also be sent to the Commissioner of Mental Health and
Mental Retardation Commissioners of Mental Health and of Disabilities,
Aging, and Independent Living.
This section shall not apply to cases of
resignation, separation from service, or changes in privileges which are
unrelated to:
* * *
* * * Barbers and Cosmetologists * * *
Sec. 4.
26 V.S.A. § 281 is amended to read:
§
281.
POSTSECONDARY
SCHOOL
OF
BARBERING
AND
COSMETOLOGY;
REGISTRATION
CERTIFICATE
OF
APPROVAL
(a)
No school of barbering or cosmetology shall be granted registration a
- 814 -
certificate of approval unless the school:
(1)
Is a postsecondary school operating a program of professional
education.
(2)
Employs and maintains a sufficient number of competent instructors
and has apparatus and equipment sufficient for the proper and full teaching of
all subjects of its curriculum.
(2)(3)
Maintains a daily record of the attendance of each student and
regular class and instruction hours, establishes grades, and holds examinations
before issuing diplomas.
(3)(4)
Requires a school term of training,:
(A)
in the case of a school of barbering, of not less than 1,000 hours
for a complete course which includes all or the majority of the practices of
barbering, and includes practical demonstrations and theoretical studies in
sanitation, sterilization, the use of antiseptics, and electrical appliances,
consistent
with
the
practical
and
theoretical
requirements
applicable
to
barbering or any practice of barbering; and
(B)
in the case of a school of cosmetology, requires a school term of
training of not less than 1,500 hours for a complete course which includes all
or the majority of the practices of cosmetology, and includes practical
demonstrations and theoretical studies in sanitation, sterilization, the use of
antiseptics, cosmetics, and electrical appliances, consistent with the practical
and theoretical requirements applicable to cosmetology or any practice of
cosmetology.
(b)
Regional vocational centers may offer courses of instruction in
barbering or cosmetology without certification by a certificate of approval
from the board Board, and state State correctional facilities may offer courses
of instruction in barbering without certification by a certificate of approval
from the board Board; however, credits for licensing will only be given for
courses that meet the board’s Board’s standards for courses offered in
postsecondary schools of barbering or cosmetology certified by the Board.
(c)
A school of barbering or cosmetology shall not require, as a condition
of training for licensure, that a person enter into a covenant not to compete
with the training organization or an affiliate.
* * * Funeral Services * * *
Sec. 5.
26 V.S.A. § 1211 is amended to read:
§ 1211.
DEFINITIONS
- 815 -
(a)
The following words as used in this chapter, unless a contrary meaning
is required by the context, shall have the following meanings:
(1) “Crematory establishment” means a place of business registered with
the Board conducted at a specific street address or location devoted to the
disposition of dead human bodies by means of cremation, alkaline hydrolysis,
or any other type of human reduction acceptable to the Board of Funeral
Service as established by Board rule.
(2)
“Funeral director” means a licensed person who is the owner,
co-owner, employee, or manager of a licensed funeral establishment and who,
for compensation, engages in the practice of funeral service.
(3)
“Funeral establishment” means a place of business registered with
the Board conducted at a specific street address or location devoted to the
practice of funeral service, and includes a limited services establishment.
(4)
“Practice of funeral service” means arranging, directing,
or
providing for the care, preparation, or disposition of dead human bodies for a
fee or other compensation.
This includes, but is not limited to:
(A)
meeting with the public to select a method of disposition or
funeral observance and merchandise;
(B)
entering into contracts, either at-need or pre-need, for the
provision of dispositions, funeral observances, and merchandise;
(C)
arranging, directing, or performing the removal or transportation
of a dead human body;
(D)
securing
or
filing
certificates,
permits,
forms,
or
other
documents;
(E)
supervising or arranging a funeral, memorial, viewing, or
graveside observance;
(F)
holding oneself out to be a licensed funeral director by using the
words or terms “funeral director,” “mortician,” “undertaker,” or any other
words, terms, title, or picture that, when considered in context, would imply
that such person is engaged in the practice of funeral service or is a licensed
funeral director.
(5) “Removal” means the removal of dead human bodies from places of
death,
hospitals,
institutions,
or
other
locations,
for
a
fee
or
other
compensation.
(b)
Nothing in this section shall prohibit:
(1)
cemetery owners, associations, or their employees from engaging in
- 816 -
any functions normally performed by them in the course of their everyday
affairs as allowed by 18 V.S.A. chapter 121;
(2)
the University of Vermont from engaging in functions normally
performed by it in the course of receiving anatomical gifts for research or
education, provided that embalming and removal of dead human remains are
performed by persons licensed or registered under this chapter;
(3)
immediate family members of the deceased from providing for the
care, preparation, or disposition of dead human bodies; or
(4)
religious or spiritual persons directly authorized by the immediate
family members of the deceased from providing for the care or preparation of
dead human bodies without compensation.
(c)
Notwithstanding this section, crematory owners and their personnel
may engage in the listed activities in subsection (a) of this section only to the
extent such functions are necessary to the performance of their duties.
Specifically, crematory personnel may:
(1)
provide for the disposition of dead human bodies by cremation, and
meet with the public to arrange and provide for the disposition;
(2)
enter into contracts, without taking prepaid funds, for the provision
of dispositions by cremation;
(3)
arrange, direct, or perform the removal or transportation of a dead
human
body,
so
long
as
removals
are
performed
by
licensed
removal
personnel; and
(4)
secure and file certificates, permits, forms, or other documents.
Sec. 6.
26 V.S.A. § 1252 is amended to read:
§ 1252.
APPLICATION; QUALIFICATIONS
* * *
(d)
Crematory
establishment.
A
person,
partnership,
corporation,
association, or other organization desiring to operate a crematory establishment
shall apply, in writing, to the board of funeral service Board of Funeral Service
for a license.
The applicant, if a partnership, corporation, association, or other
organization, must have a designated manager or co-owner who is responsible
for the operation of the establishment and who is registered with the Board
under subsection (e) of this section.
The application for a license shall be
sworn to by the individual, or a partner or a duly authorized officer of a
corporation, shall be on the form prescribed and furnished by the board Board,
and the applicant shall furnish information, as required by rule.
The
application shall be accompanied by a licensing fee.
However, the applicant
- 817 -
shall not be required to pay the fee under this subsection if the applicant pays
the fee under subsection (b) of this section.
(e)
Crematory personnel.
Any person who desires to engage in direct
handling, processing, identification, or cremation of dead human remains
within a licensed crematory establishment shall register with the Board of
Funeral Service and pay the fee established in subsection 1256(d) of this
chapter.
The applicant shall have attained the age of majority and be directly
employed by a licensed crematory establishment.
The Board may prescribe,
by rule, the forms for applicants, which may include proof of completion of up
to three hours of education and training in programs approved by the Board.
(f)
Removal personnel.
Any person who desires to engage in removals
shall register with the board of funeral service Board of Funeral Service and
pay the fee established in subsection 1256(d) of this title chapter.
The
applicant shall have attained the age of majority and be directly employed by a
licensed funeral or crematory establishment, or the University of Vermont for
removals related to the University’s anatomical gift program.
The board Board
may prescribe, by rule, the forms for applicants, which may include proof of
completion of up to three hours of education and training in infectious diseases
in programs approved by the board Board.
Registrants under this section are
authorized to perform removals only, as defined by this chapter.
Unregistered
personnel may accompany registered personnel to assist in removals so long as
they have been instructed in handling and precautionary procedures prior to
the call.
(g)
Limited services establishment.
(1)
The Board of Funeral Service may adopt rules for the issuance of
limited service establishment licenses in accordance with this chapter.
Limited
service establishment licensees are authorized to perform only disposition
services
without
arranging,
directing,
or
performing
embalming,
public
viewings, gatherings, memorials, funerals, or related ceremonies.
Disposition
services under this subsection (d) include direct cremation, direct alkaline
hydrolysis, immediate burial, or direct green burial.
(2)
Limited services shall be overseen by a funeral director licensed
under this chapter who is employed by the limited service establishment.
(3)
Each limited service arrangement shall include a mandatory written
disclosure providing notice to the purchaser that limited services do not
include embalming, public viewings, gatherings, memorials, funerals, or
related ceremonies.
(4)
A funeral director associated with a funeral establishment licensed
under subsection (c) of this section may provide limited services so long as the
- 818 -
mandatory disclosure described under subdivision (3) of this subsection is
provided to the purchaser.
Sec. 7.
26 V.S.A. § 1256 is amended to read:
§ 1256.
RENEWAL OF REGISTRATION OR LICENSE
* * *
(d)
Applicants and persons regulated under this chapter shall pay the
following fees:
(1)
Application for license
$ 70.00
(2)
Biennial renewal of license
(A)
Funeral director
$ 300.00
(B)
Embalmer
$ 300.00
(C)
Funeral establishment
$ 540.00
(D)
Crematory establishment
$ 540.00
(E)
Crematory personnel
$ 85.00
(F)
Removal personnel
$ 85.00
(G)
Limited services establishment license
$ 540.00
* * *
Sec 8.
26 V.S.A. § 1271 is amended to read:
§ 1271.
PREPAID ARRANGEMENTS
A funeral director, who establishment that sells services or merchandise
which that is not to be delivered or provided within 30 days of sale, has entered
into a prepaid funeral arrangement and shall comply with the requirements of
this subchapter.
* * * Pharmacy * * *
Sec. 9.
18 V.S.A. § 4201 is amended to read:
§ 4201.
DEFINITIONS
As used in this chapter, unless the context otherwise requires:
* * *
(26)
“Prescription” means an order for a regulated drug made by a
physician, physician assistant, advanced practice registered nurse, dentist, or
veterinarian licensed under this chapter to prescribe such a drug which shall be
in writing except as otherwise specified in this subdivision.
Prescriptions for
- 819 -
such drugs shall be made to the order of an individual patient, dated as of the
day of issue and signed by the prescriber.
The prescription shall bear the full
name, address, and date of birth of the patient, or if the patient is an animal, the
name and address of the owner of the animal and the species of the animal.
Such prescription shall also bear the full name, address, and registry number of
the prescriber and, unless electronically prescribed, shall be written with ink,
indelible pencil, or typewriter; if typewritten, it shall be signed by the
prescriber.
A written or typewritten prescription for a controlled substance, as
defined in 21 C.F.R. Part 1308, shall contain the quantity of the drug written
both in numeric and word form.
If a prescription is communicated orally, it
shall be reduced promptly to writing by the pharmacist.
* * *
Sec. 10.
18 V.S.A. § 4215b is amended to read:
§ 4215b.
IDENTIFICATION
Only a patient for whom a prescription was written, the owner of an animal
for which a prescription was written, or a bona fide representative of the
patient or animal owner, as defined by the Board of Pharmacy by rule after
consultation with the Commissioner of Health, may pick up a prescription for a
Schedule II, III, or IV controlled substance.
Prior to dispensing a prescription
for a Schedule II, III, or IV controlled substance, a to a patient not personally
known to the pharmacist, the pharmacist shall require the individual receiving
the drug to provide a signature and show valid and current government-issued
photographic identification as evidence that the individual is the patient for
whom the prescription was written, the owner of the animal for which the
prescription was written, or the bona fide representative of the patient or
animal
owner.
If
the
individual
does
not
have
valid,
current
government-issued photographic identification, the pharmacist may request
alternative evidence of the individual’s identity, as appropriate.
Sec. 11.
26 V.S.A. § 2022 is amended to read:
§ 2022.
DEFINITIONS
As used in this chapter:
* * *
(19)
“Collaborative practice” means a licensed pharmacist providing
certain patient care under a written agreement with a Vermont licensed
practitioner pursuant to rules adopted by the Board of Pharmacy.
Sec. 12.
26 V.S.A. § 2042a is amended to read:
- 820 -
§ 2042a.
PHARMACY TECHNICIANS; QUALIFICATIONS FOR
REGISTRATION
No person shall perform the duties of a pharmacy technician unless
registered with the board Board.
To obtain a registration as a pharmacy
technician, an applicant shall:
(1)
not have engaged in acts which affect the ability of the applicant to
practice as a pharmacy technician; and
(2)
be certified or eligible for certification by a national pharmacy
technician certification authority pursuant to rules adopted by the Board; and
(3)
have paid the fee specified in section 2046 of this title chapter.
* * * Real Estate Brokers and Salespersons * * *
Sec. 13.
26 V.S.A. § 2211 is amended to read:
§ 2211.
DEFINITIONS
(a)
When used in this chapter, the following definitions shall have the
following meanings except where the context clearly indicates that another
meaning is intended:
(1)
“Commission” means the Vermont real estate commission Real
Estate Commission.
* * *
Sec. 14.
26 V.S.A. § 2214 is amended to read:
§ 2214.
TRUST AND ESCROW ACCOUNTS
* * *
(b)
If a deposit is reasonably expected to earn a substantial amount of
interest, the broker shall, at the request of the person or persons making the
deposit, place the deposit in an individual interest-bearing trust or escrow
account for the benefit of the beneficial owner.
In regard to individual
interest-bearing trust and escrow accounts:
* * *
Sec. 15.
26 V.S.A. § 2255 is amended to read:
§ 2255.
FEES
(a)
Applicants and persons regulated under this chapter shall pay the
following fees:
(1)
Application
- 821 -
(A)
Broker license
$ 50.00
(B)
Salesperson license
$ 50.00
(C)
Brokerage firm registration
$50.00
(i)
Corporation or partnership
$ 50.00
(ii)
Sole proprietor
$
0.00
(D)
Branch office registration
$ 50.00
(2)
Biennial renewal of broker or salesperson license
$175.00
(3)
Biennial brokerage firm or branch office
registration renewal
$75.00
(A)
Corporation or partnership
$ 75.00
(B)
Sole proprietor
$
0.00
(4)
Temporary permit
$ 25.00
(5)
Transfer of license
$ 10.00
(6)
Transfer to inactive status
$ 25.00
(b)
A sole proprietor of a brokerage firm shall only pay the sole proprietor
application and renewal fees pursuant to this section, provided the brokerage
firm has no other persons licensed under this chapter providing professional
services within the brokerage firm.
Sec. 16.
26 V.S.A. § 2291 is amended to read:
§ 2291.
GENERAL PROVISIONS
(a)
A real estate license shall not be authority for more than one person to
perform the activities listed in section 2211 of this title chapter.
(b)
A person, firm, partnership, association, or corporation registered
brokerage firm shall designate in its application the individual who is to serve
as the principal broker under the license brokerage firm registration.
(c)
Every applicant for licensure shall have attained the age of majority.
Sec.
17.
26
V.S.A.
§ 2293
is
amended
to
read:
§ 2293.
RENEWAL OF LICENSE; LAPSED LICENSE
(a)(1)
Licenses shall be renewed every two years without examination and
on payment of the required fees, provided that the person applying for renewal
completes at least 16 24 hours of instruction for brokers and 16 hours of
instruction for salespersons, approved by the commission Commission, during
the preceding two-year period.
Four hours of this continuing education
- 822 -
instruction shall address legislation and other topics specified by the real estate
commission Commission for each renewal period.
(2)
In addition to the 16 hours of required continuing education for
salespersons, within 90 days from the issuance of an initial salesperson license,
the salesperson shall complete eight hours of instruction addressing topics
specified by the Commission related to the salesperson’s practice of the
profession post-licensure.
(b)
A broker or salesperson applying for reinstatement of a license that has
lapsed shall be assessed both the renewal fee and late renewal penalty
established by the director of the office of professional regulation Director of
the Office of Professional Regulation and shall not be assessed renewal fees
for the years during which the license was lapsed.
Reinstatement shall not take
place until the applicant completes the continuing education required for the
previous renewal period.
(c)
If a broker or salesperson’s license has lapsed for greater than five
consecutive years, the broker or salesperson shall apply for reinstatement in
accordance with the initial licensure requirements as set forth in section 2292
of this title chapter, including a course of instruction and examination.
The
commission Commission may waive the reinstatement requirements based
upon licensed practice in another state.
(d)
The commission Commission may waive or postpone compliance with
the instructional requirements of this section in cases of extreme hardship on
the part of the licensee.
No licensee, however, may receive a postponement or
waiver for two successive two-year periods of licensure.
The commission
Commission may accept fewer hours of continuing education instruction for
renewal of a license on a prorated basis following an initial licensing period of
less than two years.
(e)
[Repealed.]
Sec. 18.
26 V.S.A. § 2294 is amended to read:
§ 2294.
CHANGE OF NAME OR LOCATION
(a)
Whenever a licensed broker desires to be licensed under a different
name, the broker shall pay the fee established under section 2255 of this title
chapter.
A license shall not be issued to a broker in a name other than the
broker’s own, or transferred to a name other than the broker’s own, unless he
or she has complied with 11 V.S.A. chapter 15 relating to registration of
business entities. If a licensee is a partnership, corporation, or association,
notice Notice of any change in the names and addresses of the partners,
officers, or associates licensees shall be given to the real estate commission
- 823 -
Commission within ten 30 days after the change becomes effective.
(b)
Each licensee shall notify the commission Commission in writing of
any change of the licensee’s principal business location, and the commission
Commission shall issue a new license with the new address for the fee
established under section 2255.
Duplicate licenses may be obtained on
payment of the fee established under section 2255 of this chapter.
(c)
If a broker brokerage firm maintains more than one place of business
within the state State, a branch office license shall be issued to that broker
registration is required for each branch office so maintained.
Branch offices
shall incorporate use the same registered brokerage firm name as the main
office and shall have designate a licensed broker in charge for each branch
office.
Sec. 19.
26 V.S.A. § 2299 is amended to read:
§ 2299.
DEATH OF BROKER; TEMPORARY LICENSE
In the event of the death of a licensed real estate broker, the commission
Commission may, upon application by the broker’s legal representative, issue
without examination a temporary license to such legal representative or to an
individual designated by the representative or the broker and approved by the
commission Commission on payment of the prescribed fee established under
section 2255 of this title chapter.
Such temporary licensee may continue to
transact said real estate business for a period not to exceed one year.
A
temporary licensee shall not take new listings enter into new brokerage service
agreements.
* * * Opticians * * *
Sec. 20.
26 V.S.A. chapter 47, subchapter 2 is redesignated to read:
Subchapter 2.
State Board of Opticians Administration
* * *
* * * Psychology * * *
Sec. 21.
26 V.S.A. § 3001 is amended to read:
§ 3001.
DEFINITIONS
For the purposes of As used in this chapter:
* * *
(12)
“Psychological trainee” means a person engaged in postdegree
supervision who shall register with the board and be subject to its jurisdiction.
Sec. 22.
26 V.S.A. § 3010 is amended to read:
- 824 -
§ 3010.
FEES; LICENSES
Applicants
and
persons
regulated
under
this
chapter
shall
pay
the
following fees:
(1)
Application for license
$175.00
(2)
Biennial renewal of license
$150.00
(3)
Psychological trainee registration
$ 75.00
(4)
Biennial renewal of trainee registration
$ 90.00
Sec. 23.
26 V.S.A. § 3011a is amended to read:
§ 3011a.
APPLICATIONS
* * *
(b)
A person engaged in supervised practice in Vermont, if not licensed as
a clinical mental health counselor, marriage and family therapist, licensed
independent clinical social worker, or licensed master’s social worker shall be
registered
on
the
roster
of
psychotherapists
who
are
nonlicensed
and
noncertified.
(c)
In exceptional cases, the board Board may waive any requirement of
this
section
if
in
its
judgment
the
applicant
demonstrates
appropriate
qualifications.
* * * Private Investigative and Security Services * * *
Sec. 24.
26 V.S.A. § 3162 is amended to read:
§ 3162.
POWERS AND DUTIES
The board Board may:
* * *
(7)(A)
Adopt rules establishing a security guard or private investigator
training program, consisting of not fewer than 40 hours of training, as a
prerequisite to registration.
(B)
Full-time employees shall complete the training program prior to
being issued a permanent registration.
(C)(i)
Part-time employees shall complete not fewer than eight hours
of training prior to being issued a part-time employee temporary registration,
which shall be valid for not more than 180 days from the date of issuance.
The
remaining training hours for part-time employees shall be completed within the
temporary registration period of 180 days or before the employee has worked
500 hours, whichever occurs
first.
The part-time employee temporary
- 825 -
registration may be issued only once and shall expire after 180 days or 500
hours.
(ii)
For the purposes of As used in this section subdivision (C),
“part-time employee” means an employee who works no more than 80 hours
per month.
(iii)
The board Board may prioritize training subjects to require
that certain subject areas are covered in the initial eight hours of training
required for part-time employees.
* * *
* * * Social Workers * * *
Sec. 25.
26 V.S.A. chapter 61 is redesignated to read:
CLINICAL SOCIAL WORKERS
Sec. 26.
26 V.S.A. § 3201 is amended to read:
§ 3201.
DEFINITIONS
As used in this chapter:
(1)
“Clinical social work” is defined
as providing a service, for a
consideration, which is primarily drawn from the academic discipline of social
work theory, in which a special knowledge of social resources, human
capabilities, and the part that motivation plays in determining behavior, is
directed at helping people to achieve a more adequate, satisfying, and
productive psychosocial adjustment.
The application of social work principles
and
methods
includes,
but
is
not
restricted
to
assessment,
diagnosis,
prevention, and amelioration of adjustment problems and emotional and
mental disorders of individuals, families, and groups.
The scope of practice for
licensed clinical social workers includes the provision of psychotherapy.
“Director” means the Director of the Office of Professional Regulation.
(2) “Clinical social worker” means a person who practices clinical social
work in some or all of its aspects and is licensed to practice clinical social
work in this state. “Licensed independent clinical social worker” means a
person licensed under this chapter to practice independent clinical social work,
which includes providing social work and psychotherapy services.
Licensed
independent clinical social workers are qualified to use the Diagnostic and
Statistical Manual of Mental Disorders (DSM), the International Classification
of
Diseases
(ICD),
and
other
diagnostic
classification
systems
used
in
diagnosis and other activities.
(3)
“Disciplinary action” or “disciplinary cases” includes any action
taken by the secretary of state or an administrative law officer established by
- 826 -
3 V.S.A. § 129(j) against a licensed clinical social worker or applicant
premised on a finding of unprofessional conduct by the licensed clinical social
worker or applicant. It includes all sanctions of any kind, refusal to grant or
renew a license, suspension or revocation of a license, issuing warnings, and
other similar sanctions. “Licensed master’s social worker” means a person
licensed under this chapter who practices social work.
Psychotherapy is not
within the scope of practice of a licensed master’s social worker.
(4) “Office” means the Office of Professional Regulation.
(4)(5)(A)
“Psychotherapy” means the provision of treatment, diagnosis,
evaluation, or counseling services to individuals or groups, for a consideration,
for the purpose of alleviating mental disorders.
(B)
“Psychotherapy”
involves
the
application
of
therapeutic
techniques
to
understand
unconscious
or
conscious
motivation,
resolve
emotional, relationship or attitudinal conflicts, or modify behavior which
interferes with effective emotional, social, or mental functioning.
(C)
“Psychotherapy”
follows
a
systematic
procedure
of
psychotherapeutic intervention which takes place on a regular basis over a
period of time, or, in the case of evaluation and brief psychotherapies, in a
single or limited number of interventions.
(D)
If a person is employed by or under contract with the agency of
human services Agency of Human Services, this definition does not apply to
persons with less than a master’s degree, to
persons providing life skills
training or instruction, such as learning to make friends, to handle social
situations, to do laundry, and to develop community awareness, or interactions
of employees or contracted individuals with clients whose job description or
contract specifications do not specifically mention “psychotherapy” as a job
responsibility or duty.
(6) “Social work” is defined as providing a service, for a consideration,
which is primarily drawn from the academic discipline of social work theory,
in which a special knowledge of social resources, human capabilities, and the
part that motivation plays in determining behavior, is directed at helping
people to achieve a more adequate, satisfying, and productive psychosocial
adjustment.
The application of social work principles and methods includes
assessment, diagnosis, prevention, and amelioration of adjustment problems
and emotional and mental disorders of individuals, families, and groups.
Sec. 27.
TRANSITIONAL PROVISION; PERSONS CURRENTLY
LICENSED AS CLINICAL SOCIAL WORKERS
A person licensed as a clinical social worker on the effective date of
- 827 -
Sec. 26, 26 V.S.A. § 3201 (definitions), of this act shall be deemed to be
licensed at the level of a licensed independent clinical social worker, as that
term is defined in that section, and may within the limits of his or her
education, training, and experience practice all aspects of social work without
restriction.
Sec. 28.
26 V.S.A. § 3202 is amended to read:
§ 3202.
PROHIBITION, OFFENSES
(a)
No person shall practice or attempt to practice licensed independent
clinical social work or licensed master’s social work, nor shall any person use
in connection with the person’s name any letters, words, or insignia indicating
or implying that the person is a licensed independent clinical social worker or a
licensed master’s social worker unless the person is licensed in accordance
with this chapter.
(b)
A person who violates any of the provisions of subsection (a) of this
section shall be subject to the penalties provided in 3 V.S.A. § 127(c)
Sec. 29.
26 V.S.A. § 3203 is amended to read:
§ 3203.
DIRECTOR OF THE OFFICE OF PROFESSIONAL
REGULATION; DUTIES
(a)
The director of professional regulation Director shall:
(1)
explain appeal procedures to licensed clinical social workers
licensees and applicants and complaint procedures to the public;
(2)
administer fees collected under this chapter;
(3)
provide general information to applicants for licensure as licensed
independent clinical social workers and licensed master’s social workers;
(4)
receive applications for licensing, license applicants qualified under
this chapter, or renew, revoke, reinstate, and condition licensing licenses as
ordered by an administrative law officer; and
(5)
adopt by rule criteria for licensing independent clinical social
workers and licensed master’s social workers who have five years’ licensed or
certified practice experience in another jurisdiction of the United States or
Canada.
(b)
The director Director, with the advice of two licensed independent
clinical social workers appointed under section 3204 of this title chapter, may
adopt rules necessary to enable the director Director to perform his or her
duties under subsection (a) of this section.
- 828 -
Sec. 30.
26 V.S.A. § 3204 is amended to read:
§ 3204.
ADVISOR APPOINTEES
(a)
The secretary of state Secretary of State shall appoint two licensed
independent clinical social workers to serve as advisors in matters relating to
licensed clinical social workers.
They shall be appointed as set forth in
3 V.S.A. § 129b and shall serve at the pleasure of the secretary Secretary.
One
of the initial appointments may be for less than a full term.
(b) Appointees shall not have less than three years’ experience as a licensed
independent clinical social worker certified or licensed under this chapter
during the period immediately preceding appointment and shall be actively
engaged in the active practice of clinical social work in Vermont during
incumbency.
(c)
The office of professional regulation Director shall refer complaints and
disciplinary matters to an administrative law officer established under 3 V.S.A.
§ 129(j).
(d)
The director Director shall seek the advice of the clinical social workers
advisors appointed under this section in carrying out the provisions of this
chapter.
Such members shall be entitled to compensation and expenses as
provided in 32 V.S.A. § 1010 for attendance at any meeting called by the
director Director for this purpose.
Sec. 31.
26 V.S.A. § 3205 is amended to read:
§ 3205.
LICENSED MASTER’S SOCIAL WORKER ELIGIBILITY
(a)
To be eligible for licensing as a clinical licensed master’s social worker
an applicant must shall have:
(1)
received a master’s degree or doctorate doctoral degree from an
accredited social work education program;
(2)
[Deleted.] within five years prior to applying for licensure, passed
the examinations designated by the Director; and
(3)
completed 3,000 1,200 hours of supervised practice of clinical social
work as defined by rule under the supervision of a licensed physician or a
licensed osteopathic physician who has completed a residency in psychiatry, a
licensed psychologist, a licensed clinical mental health counselor, a person
licensed or certified under this chapter, or a person licensed or certified in
another state or Canada in one of these professions as a licensed independent
clinical social worker or a licensed master’s social worker or their substantial
equivalent.
(b)
Persons engaged in post masters post-master’s degree supervised
- 829 -
practice in Vermont to become licensed master’s social workers shall be
entered on the roster of nonlicensed, noncertified psychotherapists; register
with the Office as provided by rule.
(4)
submitted the names and addresses of three persons who can attest to
the applicant’s professional competence. Such person shall be a licensed
physician or a licensed osteopathic physician who has completed a residency in
psychiatry, a licensed psychologist, a licensed clinical mental health counselor,
a person licensed or certified under this chapter, or a person licensed in another
state or Canada in one of these professions; and
(5)
passed an examination to the satisfaction of the director of the office
of professional regulation.
Sec. 32.
26 V.S.A. § 3205a is added to read:
§ 3205a.
LICENSED INDEPENDENT CLINICAL SOCIAL WORKER
ELIGIBILITY
(a)
To be eligible for licensure as a licensed independent clinical social
worker, an applicant shall have:
(1)
received a master’s degree or doctoral degree from an accredited
social work education program;
(2)
within five years prior to applying for licensure, passed the
examinations designated by the Director; and
(3)
completed 3,000 hours of supervised practice of independent clinical
social work as defined by rule under the supervision of a:
(A)
licensed independent clinical social worker;
(B)
licensed independent clinical mental health counselor;
(C)
licensed psychologist; or
(D)
a person licensed or certified in another state or Canada in one of
these professions or their substantial equivalent.
(b)
Persons not licensed as master’s social workers who engage in
post-master’s supervised practice in Vermont toward licensure as licensed
independent
clinical
social
workers
shall be
entered
on
the
roster
of
nonlicensed, noncertified psychotherapists.
(c)
Licensed master’s social workers who engage in post-master’s
supervised practice to become licensed independent clinical social workers
must first register with the Office as set forth by rule, if the supervised practice
toward licensure as an independent clinical social worker is to occur within the
State of Vermont.
- 830 -
Sec. 33.
26 V.S.A. § 3206 is amended to read:
§ 3206.
APPLICATION
A person who desires to be licensed as a clinical social worker under this
chapter shall apply to the secretary in writing on a using an application form
furnished by the secretary available from the Office, accompanied by payment
of the specified fee.
Sec. 34.
26 V.S.A. § 3207 is amended to read:
§ 3207.
EXAMINATION
(a)
The director of professional regulation shall conduct examinations
under this chapter at least once a year at a time and place designated by it,
provided, however, that examinations need not be conducted at times when
there are no applicants requesting to be examined. Examinations shall be
written.
Each applicant shall be designated by a number so that his or her
name is not disclosed to the director until the examination has been graded.
Examinations shall include questions in such theoretical and applied fields as
the director deems most suitable to test an applicant’s knowledge and
competence to engage in the practice of clinical social work. The director of
professional regulation, with the advice of the clinical social workers appointed
under section 3204 of this title, shall establish by rule fixed criteria for passing
an examination that shall apply to all persons taking the examination.
(b)
Examinations administered by the director and the procedures of
administration
shall
be
fair
and
reasonable
and
shall
be
designed
and
implemented to ensure that all applicants are granted a license if they
demonstrate that they possess the minimal occupational qualifications which
are consistent with the public health, safety, and welfare. They shall not be
designed or implemented for the purpose of limiting the number of licenses
issued.
(c)
The director of the office of professional regulation Director may
contract with clinical social workers or with independent testing services for
the preparation and administration of the exam examinations.
Sec. 35.
26 V.S.A. § 3208 is amended to read:
§ 3208.
RENEWALS
(a)
Licenses shall be renewed every two years on a schedule determined by
the Office and upon payment of the required fee.
(b)
An application for renewal reinstatement of a license which has lapsed
shall be accompanied by the renewal fee in addition to the reinstatement fee
other fees set forth in 3 V.S.A. chapter 5.
A person shall not be required to pay
- 831 -
renewal fees for the years during which the license was lapsed.
(c)
The director may, after notice and an opportunity for hearing, revoke a
person’s right to renew his or her license if such license has lapsed for five
years. [Repealed.]
(d)
As a condition of renewal, a licensee shall complete continuing
education, approved by the director Director by rule, during the preceding
two-year period.
For purposes of this subsection, the director Director may
require, as set forth by rule, not more than 20 hours of approved continuing
social work education as a condition of renewal.
(e)
The Director may by rule prescribe standards for persons wishing to
resume practice after five years since holding an active license.
Sec. 36.
26 V.S.A. § 3209 is amended to read:
§ 3209.
LICENSING WITHOUT EXAMINATION LICENSURE BY
ENDORSEMENT
The director of the office of professional regulation Director may, upon
payment of the required fee, grant a license without examination if the
applicant:
(1)
is licensed holds an active license to practice clinical licensed
master’s social work or licensed independent clinical social work in another
state or Canadian jurisdiction; and
(2)
the requirements for licensing in that state or jurisdiction are, in the
judgment of the director of the office of professional regulation Director,
essentially substantially equivalent to the requirements of this chapter.
Sec. 37.
26 V.S.A. § 3210 is amended to read:
§ 3210.
UNPROFESSIONAL CONDUCT
(a)
The following conduct and the conduct set forth in 3 V.S.A. § 129a by a
person licensed social worker under this chapter constitutes unprofessional
conduct.
When that conduct is by an applicant or a person who later becomes
an applicant, it may constitute grounds for denial or discipline of a license:
(1)
failing to use a correct title in professional activity;
(2)
conduct which evidences unfitness to practice licensed independent
clinical social work or licensed master’s social work;
(3)
engaging in any sexual conduct with a client, or with the immediate
family member of a client, with whom the licensee has had a professional
relationship within the previous two years;
- 832 -
(4)
harassing, intimidating, or abusing a client or patient;
(5)
practicing outside or beyond a clinical social worker’s area of
licensee’s education, training, experience, or competence without appropriate
supervision;
(6)
engaging in conflicts having a conflict of interest that interfere
interferes with
the
exercise
of
the clinical social worker’s licensee’s
professional responsibilities, discretion, and impartial judgment;
(7)
failing to inform a client when a real or potential conflict of interest
arises, and failing to take reasonable steps to resolve the issue in a manner that
makes the client’s interest primary and protects the client’s interest to the
greatest extent possible;
(8)
taking unfair advantage of any professional relationship or exploiting
others to further the clinical social worker’s licensee’s personal, religious,
political, or business interests;
(9)
engaging in dual or multiple relationships with a client or former
client in which there is a risk of exploitation or potential harm to the client;
(10)
failing to take steps to protect a client and to set clear, appropriate,
and culturally sensitive boundaries, in instances where dual or multiple
relationships are unavoidable;
(11)
failing to clarify with all parties which individuals will be
considered clients and the nature of the clinical social worker’s licensee’s
professional obligations to the various individuals who are receiving services,
when a clinical social worker licensee provides services to two or more people
who have a spousal, familial, or other relationship with each other;
(12)
failing to clarify the clinical social worker’s licensee’s role with the
parties involved and to take appropriate action to minimize any conflicts of
interest, when the clinical social worker anticipates a conflict of interest among
the
individuals
receiving
services
or
anticipates
having
to
perform
in
conflicting roles such as testifying in a child custody dispute or divorce
proceedings involving clients.
(b)
After hearing, and upon a finding of unprofessional conduct, an
administrative hearing officer may take disciplinary action against a licensed
clinical social worker licensee or applicant.
Sec. 38.
26 V.S.A. § 3212 is amended to read:
§ 3212.
EXEMPTIONS
(a)
The provisions of this chapter shall not apply to persons while engaged
in the course of their customary duties as clergy, licensed physicians, nurses,
- 833 -
osteopaths,
optometrists,
dentists,
lawyers,
psychologists,
mental
health
counselors,
certified
marriage
and
family
therapists
and
psychoanalysts,
rostered psychotherapists, or licensed educators when performing their duties
consistent
with
the
accepted
standards
of
their
respective
professions;
provided, however, that they do not describe themselves to the public by any
other title or description stating or implying that they are licensed independent
clinical social workers or are licensed to practice clinical social work master’s
social workers.
* * *
(c)
Notwithstanding the provisions of subsections (a) and (b) of this
section, the provisions of this chapter shall apply to any person licensed as a
clinical social worker under this chapter.
[Repealed.]
Sec. 39.
26 V.S.A. § 3213 is amended to read:
§ 3213.
DISCLOSURE OF INFORMATION
(a)
The office of professional regulation Director, in consultation with the
advisor appointees, shall adopt rules requiring licensed independent clinical
social workers to disclose to each client the licensed independent clinical social
worker’s
professional
qualifications
and
experience,
those
actions
that
constitute unprofessional conduct, the method for filing a complaint or making
a consumer inquiry, and provisions relating to the manner in which the
information shall be displayed and signed by both the licensed independent
clinical social worker and the client.
The rules may include provisions for
applying or modifying these requirements in cases involving institutionalized
clients, minors, and adults under the supervision of a guardian.
(b)
The Director, in consultation with the advisor appointees, may adopt
rules requiring licensed master’s social workers to disclose to each client the
licensed master’s social worker’s professional qualifications and experience,
those actions that constitute unprofessional conduct, the method for filing a
complaint or making a consumer inquiry, and provisions relating to the manner
in which the information shall be displayed and signed by both the licensed
master’s social worker and the client. The rules may include provisions for
applying or modifying these requirements in cases involving institutionalized
clients, minors, and adults under the supervision of a guardian.
* * * Clinical Mental Health Counselors * * *
Sec. 40.
26 V.S.A. § 3262a is amended to read:
§ 3262a.
BOARD OF ALLIED MENTAL HEALTH PRACTITIONERS
(a)
A board of allied mental health practitioners Board of Allied Mental
Health Practitioners is established.
- 834 -
(b)
The board Board shall consist of six members appointed by the
governor Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(1)
Two members shall be licensed clinical mental health counselors,;
one member shall be a certified licensed marriage and family therapist,; one
member shall, at the time of appointment, be a nonlicensed and noncertified
psychotherapist entered on the roster,; and two members shall be public
members.
(2)
The public members shall have no direct financial interest personally
or through a spouse, parent, child, brother, or sister in clinical mental health
counseling, marriage and family therapy, or psychotherapy.
(3)
The professional members of the board shall have at least three years
of professional experience as a clinical mental health counselor, marriage and
family therapist, or psychotherapist, during the period immediately preceding
appointment and shall be actively engaged in the practice of clinical mental
health counseling, marriage and family therapy, or psychotherapy one of these
professions during incumbency.
(c)
A majority of the members of the board Board shall constitute a quorum
for transacting business, and all action shall be taken upon a majority vote of
the members present and voting.
* * * Real Estate Appraisers * * *
Sec. 41.
26 V.S.A. § 3314 is amended to read:
§ 3314.
BOARD; POWERS AND DUTIES
(a)
The Board shall administer the provisions of this chapter in a manner
that conforms in all respects with the requirements of the Act.
(b)
In addition to its other powers and duties under this chapter, the Board
shall:
(1)
receive and review applications;
(2)
collect the registry fee as required by the Act and transmit that fee to
the ASC. The registry fee shall be in addition to State licensing and registration
fees;
(3)
annually publish a roster of all licensees and transmit the roster to
the ASC as required by the Act;
(4)
register appraisal management companies; and
(5)
inquire of the Vermont Criminal Information Center for any
information on criminal records of any and all applicants, and the Center shall
provide such information to the Board.
The Board, through the Vermont
- 835 -
Criminal Information Center, shall also inquire of the appropriate state
criminal record repositories in all states in which it has reason to believe an
applicant has resided or been employed, and it shall also inquire of the Federal
Bureau of Investigation for any information on criminal records of applicants.
The Board shall obtain fingerprints of the applicant, in digital form if
practicable, and any appropriate identifying information for submission to the
Federal Bureau of Investigation in connection with a state and national
background check.
Applicants shall bear all costs associated with background
screening.
The Board may also make additional inquiries it deems necessary
into the character, integrity, and reputation of the applicant; and
(6)
perform other functions and duties as may be necessary to carry out
the provisions of this chapter.
Sec. 42.
26 V.S.A. § 3319a is amended to read:
§ 3319a.
APPRAISER TRAINEE REGISTRATION
* * *
(b)
To be credited toward the hourly experience requirement for licensure,
the trainee shall inspect each property appraised with the trainee’s supervisor.
[Repealed.]
(c)
Notwithstanding subsection (b) of this section, the The Board may, in
its discretion, give credit for training hours, not exceeding 10 percent of the
total hourly experience requirement, for hours worked or training given that
does not include or is unrelated to a site inspection.
* * * Tattooists and Body Piercers
* * *
Sec. 43.
26 V.S.A. § 4102 is amended to read:
§ 4102. PROHIBITIONS
(a)
No person shall practice tattooing, permanent cosmetics, or body
piercing unless that person is registered in accordance with the provisions of
this chapter.
(b)
No person under the age of 18 may practice tattooing, permanent
cosmetics, or body piercing.
(c)
A tattooist shall not tattoo a minor without the written consent of the
parent or guardian of the minor.
(d)
A person who violates any of the provisions of this section shall be
subject to the penalties provided in 3 V.S.A. § 127(c).
Sec. 44.
26 V.S.A. § 4104 is amended to read:
- 836 -
§ 4104.
ADVISORY APPOINTEES
(a)(1) The Secretary of State shall appoint:
(A)
a professional in the field of public health and medicine from a
list of persons provided by the Commissioner of Health; and
(B)
two registered operators who have been practicing tattooing and
body piercing for at least the three years immediately preceding appointment
and who shall actively be engaged in the practice of tattooing and body
piercing in Vermont during incumbency.
(2)
The appointees shall be appointed to serve as advisors in matters
relating to tattooing, permanent cosmetics, and body piercing.
The appointees
shall be appointed as set forth in 3 V.S.A. § 129b.
(b)
The Director shall seek the advice of the advisor appointees in carrying
out the provisions of this chapter.
The advisor appointees shall be entitled to
compensation and necessary expenses as provided in 32 V.S.A. § 1010 for
attendance at any meeting called by the Director for that purpose.
Sec. 45.
26 V.S.A. § 4105 is amended to read:
§ 4105.
REGISTRATION; APPRENTICESHIP REQUIREMENTS
* * *
(b)(1)
As a prerequisite to registration, a tattooist or body piercer applicant
shall provide proof of an apprenticeship of at least 1,000 hours of experience
obtained within two calendar years working under the direction and direct
supervision of a body piercer or tattooist registered and in good standing with
this state State or the state in which he or she is regulated, and who has been in
practice a minimum of three years.
Such proof Proof may be in the form of a
sworn affidavit from the supervising tattooist or body piercer, including
information as the director Director may reasonably require on forms provided
by the director Director.
(2)
Apprenticeships shall include successful completion of a three-hour
course in universal precautions and infectious diseases.
(3)
Apprentices shall contact the office Office for the appropriate forms
prior to beginning the apprenticeship.
(4)
For the purposes of As used in this section subsection, “good
standing” shall mean that the tattooist or body piercer supervisor holds a
current, unrestricted license registration in this State or an unrestricted
authorization to practice tattooing or body piercing in another state.
A tattooist
or body piercer who holds a restricted license registration or restricted
authorization to practice may petition the director Director for permission to be
- 837 -
a tattooist or body piercer supervisor, which may be granted by the director
Director for good cause shown.
(c)(1)
As a prerequisite to registration for the practice of permanent
cosmetics, an applicant shall provide proof of a course of approved study
lasting at least 60 hours.
In addition, the applicant shall obtain at least 40
hours
of
practical
experience,
within
two
calendar
years
preceding
the
application, working under the direct supervision of a registered tattooist or
permanent cosmetologist registered and in good standing in Vermont with this
State or the state where in which he or she is regulated, and who has been in
practice a minimum of three years.
Proof may be in the form of a sworn
affidavit from the supervising permanent cosmetologist or tattooist, including
information in a form as the director Director may reasonably require on forms
provided by the Director.
(2)
Training shall include successful completion of a three-hour course
in universal precautions and infectious diseases.
(3)
Prior to training and obtaining practical experience, applicants shall
contact the office Office and submit the appropriate forms.
(4)
For the purposes of As used in this section subsection, “in good
standing” shall mean that the permanent cosmetologist or tattooist supervisor
holds a current, unrestricted license registration in this State or an unrestricted
authorization to practice permanent cosmetics or tattooing in another state.
A
permanent cosmetologist or tattooist who holds a restricted license registration
or restricted authorization to practice may petition the director Director for
permission to be a supervisor, which the director Director may grant for good
cause shown.
(d)
No shop shall operate in this state State without first registering with
the office of professional regulation Office of Professional Regulation and
paying a fee of $100.00.
Registration shall be in the form required by the
director Director.
(1)
No shop shall be granted registration unless the shop complies with
this chapter and rules adopted under this chapter.
(2)
All shops shall designate a person, who is licensed pursuant to
registered under this chapter in the practice of tattooing or body piercing, who
shall be responsible for overall cleanliness and sanitation of the shop.
(3)
The practice of tattooing or body piercing shall be permitted only in
registered shops.
(4)
The practice of permanent cosmetics may be performed anywhere
the practice of tattooing is licensed permitted, on the premises of a health care
- 838 -
professional licensed pursuant to this title, or on premises meeting the
sanitation requirements of this chapter as determined by the director Director
or as set forth by rule.
(e)
[Repealed.]
* * * Naturopathic Physicians * * *
Sec. 46.
26 V.S.A. § 4125 is amended to read:
§ 4125. DIRECTOR; DUTIES
* * *
(e)(1)
The Director shall appoint an advisory committee to study and report
to the Director and the Commissioner of Health on matters relating to the
prescribing authority of naturopathic physicians under the special license
endorsement, including recommendations if necessary for revisions to the
administrative rules in order to ensure that naturopathic physicians prescribe,
dispense,
and
administer
prescription
medicines
within
the
scope
of
a
naturopathic physician’s pharmacology education, training, and experience.
(2)
The Committee shall be composed of at least seven members:
two
naturopathic physicians, two physicians licensed by the Board of Medical
Practice
or
the
Board
of
Osteopathic
Physicians
and
Surgeons,
a
pharmacologist, a pharmacist, and a member of the public.
(3)
Members of the Committee shall be entitled to compensation at the
rate provided in 32 V.S.A. § 1010.
* * * Midwives * * *
Sec. 47.
26 V.S.A. § 4185 is amended to read:
§ 4185.
DIRECTOR; DUTIES
* * *
(c)(1)
The Director shall appoint an advisory committee to study and report
to the Director and to the Commissioner of Health on matters relating to
midwifery, including recommendations if necessary for revisions to the
administrative rules.
The Committee shall focus on improving communication
and collaboration among birth providers.
(2)
The Committee shall be composed of at least six members:
three
midwives licensed under this chapter, two physicians licensed by the Board of
Medical Practice or the Board of Osteopathic Physicians and Surgeons, and
one advanced practice registered nurse midwife licensed by the Board of
Nursing.
- 839 -
(3)
Members of the Committee shall be entitled to compensation at the
rate provided in 32 V.S.A. § 1010.
* * * Electrologists * * *
Sec. 48.
26 V.S.A. § 4402 is amended to read:
§ 4402.
DEFINITIONS
As used in this chapter:
* * *
(3) “Electrology” means the removal of hair by electrical current using
needle/probe electrode-type epilation which would include electrolysis (direct
current/DC), thermolysis (alternating current/AC), or a combination of both
(superimposed or sequential blend).
“Electrology” includes the use
by
properly trained licensed electrologists of lasers approved by the United States
U.S. Food and Drug Administration for electrology and as otherwise permitted
by Vermont law by electrologists possessing a special license endorsement set
forth in subsection 4404(d) of this chapter.
* * *
Sec. 49.
26 V.S.A. § 4403 is amended to read:
§ 4403.
PROHIBITION; PENALTY
* * *
(c)
A person licensed under this chapter shall not use lasers for hair
removal without obtaining from the Director the special license endorsement
set forth in subsection 4404(d) of this chapter.
(d)
A person who violates this section shall be subject to the penalties
Sec. 50.
26 V.S.A. § 4404 is amended to read:
§ 4404.
DIRECTOR; DUTIES
* * *
(d)
The Director shall adopt rules regulating a special license endorsement
which shall authorize an electrologist to use lasers for hair removal.
These
rules shall require an electrologist to complete a comprehensive laser hair
removal
course
satisfactorily
in
order
to
obtain
this
special
license
endorsement.
Sec. 51.
EFFECTIVE DATES
This act shall take effect on July 1, 2014, except this section and Sec. 27
- 840 -
(transitional provision; persons currently licensed as clinical social workers),
which shall take effect on passage.
( Committee Vote: 10-0-1)
H. 852
An act relating to improving workforce education and training
Rep. Kupersmith of South Burlington,
for the Committee on
Commerce
and Economic Development,
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 22A is amended to read:
WORKFORCE EDUCATION AND TRAINING
§ 540.
WORKFORCE EDUCATION AND TRAINING LEADER
The Commissioner of Labor shall be the leader of workforce education and
training in the State, and shall have the authority and responsibility for the
coordination of workforce education and training within State government,
including the following duties:
(1)
Perform
the
following
duties
in
consultation
with
the
State
Workforce Investment Board:
(A)
Advise the Governor on the establishment of an integrated
system of workforce education and training for Vermont.
(B)
Create and maintain an inventory of all existing workforce
education and training programs and activities in the State.
(C)
Use data to ensure that State workforce education and training
activities are aligned with the needs of the available workforce, the current and
future job opportunities in the State, and the specific credentials needed to
achieve employment in those jobs.
(D)
Develop a State plan, as required by federal law, to ensure that
workforce education and training programs and activities in the State serve
Vermont citizens and businesses to the maximum extent possible.
(E)
Ensure coordination and non-duplication of workforce education
and training activities.
(F)
Identify best practices and gaps in the delivery of workforce
education and training programs.
(G)
Design and implement criteria and performance measures for
workforce education and training activities.
- 841 -
(H)
Establish goals for the integrated workforce education and
training system.
(2)
Require from each business, training provider, or program that
receives State funding to conduct workforce education and training a report
that evaluates the results of the training.
Each recipient shall submit its report
on a schedule determined by the Commissioner and shall include at least the
following information:
(A)
name of the person who receives funding;
(B)
amount of funding;
(C)
activities and training provided;
(D)
number of trainees and their general description;
(E)
employment status of trainees
(F)
future needs for resources.
(3)
Review reports submitted by each recipient of workforce education
and training funding.
(4)
Issue an annual report to the Governor and the General Assembly on
or
before
December
1
that
includes
a
systematic
evaluation
of
the
accomplishments
of
the
State
workforce
investment
system
and
the
performance of participating agencies and institutions.
(5)
Coordinate public and private workforce programs to assure that
information is easily accessible to students, employees, and employers, and
that all information and necessary counseling is available through one contact.
(6)
Facilitate effective communication between the business community
and public and private educational institutions.
§ 541.
WORKFORCE DEVELOPMENT COUNCIL; STATE WORKFORCE
INVESTMENT BOARD; MEMBERS, TERMS
(a)
The Workforce education and training Council is created as the
successor to and the continuation of the Governor’s Human Resources
Investment Council and shall be the State Workforce Investment Board under
Public Law 105-220, the Workforce Investment Act of 1998, and any
reauthorization of that act.
The Council shall consist of the members required
under the federal act and the following: the President of the University of
Vermont or designee; the Chancellor of the Vermont State Colleges or
designee; the President of the Vermont Student Assistance corporation or
designee; the President of the Association of Vermont Independent Colleges or
designee; a representative of the Abenaki Self Help Organization; at least two
- 842 -
representatives of labor appointed by the Governor in addition to the two
required under the federal act, who shall be chosen from a list of names
submitted by Vermont AFL-CIO, Vermont NEA, and the Vermont State
Employees Association; one representative of the low income community
appointed by the Governor; two members of the Senate appointed by the
Senate Committee on Committees; and two members of the house appointed
by the speaker. In addition, the Governor shall appoint enough other members
who are representatives of business or employers so that one-half plus one of
the members of the council are representatives of business or employers.
At
least one-third of those appointed by the Governor as representatives of
business or employers shall be chosen from a list of names submitted by the
regional technical centers. As used in this section, “representative of business”
means a business owner, a chief executive operating officer, or other business
executive, and “employer” means an individual with policy-making or hiring
authority, including a public school superintendent or school board member
and representatives from the nonprofit, social services, and health sectors of
the economy.
If there is a dispute as to who is to represent an interest as
required under the federal law, the Governor shall decide who shall be the
member of the Council.
(b)
Appointed members, except legislative appointees, shall be appointed
for three-year terms and serve at the pleasure of the Governor.
(c)
A vacancy shall be filled for the unexpired term in the same manner as
the initial appointment.
(d)
The Governor shall appoint one of the business or employer members
to chair the council for a term of two years.
A member shall not serve more
than three consecutive terms as chair.
(e)
Legislative members shall be entitled to compensation and expenses as
provided
in
2
V.S.A.
§
406,
and
other
members
shall
be
entitled
to
compensation and expenses as provided in 32 V.S.A. § 1010.
(f)
The Department of Labor shall provide the Council with administrative
support.
(g)
The Workforce education and training Council shall be subject to 1
V.S.A. chapter 5, subchapters 2 and 3, relating to public meetings and access
to public records.
(h)
[Repealed.]
(i)
The Workforce education and training Council shall:
(1)
Advise the Governor on the establishment of an integrated network
of workforce education and training for Vermont.
- 843 -
(2)
Coordinate planning and services for an integrated network of
workforce education and training and oversee its implementation at State and
regional levels.
(3)
Establish goals for and coordinate the State’s workforce education
and training policies.
(4)
Speak for the workforce needs of employers.
(5)
Negotiate memoranda of understanding between the Council and
agencies
and
institutions
involved
in
Vermont’s
integrated
network
of
workforce education and training in order to ensure that each is working to
achieve annual objectives developed by the Council.
(6)
Carry out the duties assigned to the State Workforce Investment
Board, as required for a single-service delivery state, under P.L. 105-220, the
Workforce Investment Act of 1998, and any amendments that may be made to
it.
[Repealed.]
§ 541a.
STATE WORKFORCE INVESTMENT BOARD
(a)
Board established; duties.
Pursuant to the requirements of 29 U.S.C.
§ 2821, the Governor shall establish a State Workforce Investment Board to
assist the Governor in the execution of his or her duties under the Workforce
Investment Act of 1998 and to assist the Commissioner of Labor as specified
in section 540 of this title.
(b)
Additional
duties;
planning;
process.
In
order
to
inform
its
decision-making and to provide effective assistance under subsection (a) of
this section, the Board shall:
(1)
Conduct an ongoing public engagement process throughout the State
at which Vermonters have the opportunity to provide feedback and information
concerning their workforce education and training needs.
(2)
Maintain familiarity with the federal Comprehensive Economic
Development Strategy (CEDS) and other economic development planning
processes, and coordinate workforce and education activities in the State,
including the development and implementation of the state plan required under
the Workforce Investment Act of 1998, with economic development planning
processes occurring in the State, as appropriate.
(c)
Membership.
The Board shall consist of the Governor and the
following members who are appointed by the Governor and serve at his or her
pleasure, unless otherwise indicated:
(1)
two Members of the Vermont House of Representatives appointed
by the Speaker of the House;
- 844 -
(2)
two Members of the Vermont Senate appointed by the Senate
Committee on Committees;
(3) the President of the University of Vermont or his or her designee;
(4)
the Chancellor of the Vermont State Colleges or his or her designee;
(5)
the President of the Vermont Student Assistance Corporation or his
or her designee;
(6)
a representative of an independent Vermont college or university;
(7)
the Secretary of Education or his or her designee;
(8)
a director of a regional technical center;
(9)
a principal of a Vermont high school;
(10)
two
representatives
of
labor
organizations
who
have
been
nominated by State labor federations;
(11)
two representatives of individuals and organizations who have
experience with respect to youth activities, as defined in 29 U.S.C. § 2801(52);
(12)
two representatives of individuals and organizations who have
experience in the delivery of workforce investment activities, as defined in
(13)
the lead State agency officials with responsibility for the programs
and activities carried out by one-stop partners, as described in 29 U.S.C.
§ 2841(b), or if no official has that responsibility, a representative in the State
with expertise relating to these programs and activities;
(14)
the Commissioner of Economic Development;
(15)
the Commissioner of Labor;
(16)
the Secretary of Human Services or his or her designee;
(17)
two individuals who have experience in, and can speak for, the
training needs of underemployed and unemployed Vermonters; and
(18)
a number of appointees sufficient to constitute a majority of the
Board who:
(A)
are owners, chief executives, or operating officers of businesses,
and other business executives or employers with optimum policymaking or
hiring authority;
(B)
represent businesses with employment opportunities that reflect
the employment opportunities of the State; and
(C)
are appointed from among individuals nominated by State
- 845 -
business organizations and business trade associations.
(d)
Operation of Board.
(1)
Member representation.
(A)
Members of the State Board who represent organizations,
agencies, or other entities shall be individuals with optimum policymaking
authority within the organizations, agencies, or entities.
(B)
The members of the Board shall represent diverse regions of the
State, including urban, rural, and suburban areas.
(2)
Chair.
The Governor shall select a chair for the Board from among
the business representatives appointed pursuant to subdivision (c)(18) of this
section.
(3)
Meetings.
The Board shall meet at least three times annually and
shall hold additional meetings upon call of the Chair.
(4)
Work groups; task forces.
The Chair, in consultation with the
Commissioner of Labor, may:
(A)
assign one or more members to work groups to carry out the
work of the Board; and
(B)
appoint one or more members of the Board, or non-members of
the Board, or both, to one or more task forces for a discrete purpose and
duration.
(5)
Quorum; meetings; voting.
(A)
A majority of the sitting members of the Board shall constitute a
quorum, and to be valid any action taken by the Board shall be authorized by a
majority of the members present and voting at any regular or special meeting at
which a quorum is present.
(B)
The Board may permit one or more members to participate in a
regular or special meeting by, or conduct the meeting through the use of, any
means of communication, including an electronic, telecommunications, and
video- or audio-conferencing conference telephone call, by which all members
participating may simultaneously or sequentially communicate with each other
during the meeting.
A member participating in a meeting by this means is
deemed to be present in person at the meeting.
(C)
The Board shall deliver electronically the minutes for each of its
meetings to each member of the Board and to the Chairs of the House
Committees on Education and on Commerce and Economic Development, and
- 846 -
to the Senate Committees on Education and on Economic Development,
Housing and General Affairs.
(6)
Reimbursement.
Unless otherwise compensated by his or her
employer for performance of his or her duties on the Board, a member of the
Board shall be eligible for per diem compensation of $50.00 per day for
attendance at a meeting of the Board, and for reimbursement of his or her
necessary expenses, which shall be paid by the Department of Labor solely
from funds available for that purpose under the Workforce Investment Act of
1998.
(7)
Conflict of interest.
A member of the Board shall not:
(A)
vote on a matter under consideration by the Board:
(i)
regarding the provision of services by the member, or by an
entity that the member represents; or
(ii)
that would provide direct financial benefit to the member or
the immediate family of the member; or
(B)
engage in any activity that the Governor determines constitutes a
conflict of interest as specified in the State Plan required under 29 U.S.C.
§ 2822.
(8)
Sunshine provision.
The Board shall make available to the public,
on a regular basis through open meetings, information regarding the activities
of
the
Board,
including
information
regarding
the
State
Plan
adopted
pursuant to 29 U.S.C. § 2822 and prior to submission of the State Plan to the
U.S. Secretary of Labor, information regarding membership, and, on request,
minutes of formal meetings of the Board.
§ 541b.
WORKFORCE EDUCATION AND TRAINING; DUTIES OF
OTHER STATE AGENCIES, DEPARTMENTS, AND PRIVATE
PARTNERS
(a)
To ensure the Workforce Investment Board and the Commissioner of
Labor are able to fully perform their duties under this chapter, each agency and
department within State government, and each person who receives funding
from the State, shall comply within a reasonable period of time with a request
for data and information made by
the
Board or the Commissioner in
furtherance of their duties under this chapter.
(b)
The
Agency
of
Commerce
and
Community Development
shall
coordinate its work in adopting a statewide economic development plan with
the activities of the Board and the Commissioner of Labor, including the
development and implementation of the state plan for workforce education and
training required under the Workforce Investment Act of 1998.
- 847 -
§ 542.
REGIONAL WORKFORCE DEVELOPMENT EDUCATION AND
TRAINING
(a)
The Commissioner of Labor, in coordination with the Secretary of
Commerce
and
Community
Development,
and
in
consultation
with
the
Workforce education and training Council Investment Board, is authorized to
issue performance grants to one or more persons to perform workforce
education and training activities in a region.
(b)
Each grant shall specify the scope of the workforce education and
training activities to be performed and the geographic region to be served, and
shall include outcomes and measures to evaluate the grantee’s performance.
(c)
The Commissioner of Labor and the Secretary of Commerce and
Community Development shall jointly develop a grant process and eligibility
criteria, as well as an outreach process for notifying potential participants of
the grant program.
The Commissioner of Labor shall have final authority to
approve each grant.
§ 543.
WORKFORCE EDUCATION AND TRAINING FUND; GRANT
PROGRAMS
(a)
Creation.
There is created a Workforce Education and Training Fund in
the department of labor Department of Labor to be managed in accordance
with 32 V.S.A. chapter 7, subchapter 5.
(b)
Purposes.
The Fund shall be used exclusively for the following two
purposes:
(1)
training to improve the skills of for Vermont workers, including
those who are unemployed, underemployed, or in transition from one job or
career to another; and
(2)
internships
to
provide
students
with
work-based
learning
opportunities with Vermont employers; and
(3) apprenticeship-related instruction.
(c)
Administrative Support.
Administrative support for the grant award
process shall be provided by the Departments Department of Labor and of
Economic
Development.
Technical,
administrative,
financial,
and
other
support
shall
be
provided
whenever
appropriate
and
reasonable
by
the
Workforce Development Council Investment Board and all other public
entities involved in Economic Development, workforce development and
training, and education economic development and workforce education and
training.
(d)
Eligible Activities.
Awards from the Fund shall be made to employers
- 848 -
and entities that offer programs that require collaboration between employees
and businesses, including private, public, and nonprofit entities, institutions of
higher education, high schools, technical centers, and workforce education and
training programs.
Funding shall be for training programs and student
internship programs that offer education, training, apprenticeship, mentoring,
or work-based learning activities, or any combination; that employ innovative
intensive student-oriented competency-based or collaborative approaches to
workforce education and training; and that link workforce education and
economic
development
strategies.
Training
programs
or
projects
that
demonstrate actual increased income and economic opportunity for employees
and employers may be funded for more than one year.
Student internships and
training programs that involve the same employer may be funded multiple
times, provided that new students participate.
(e)
Award Criteria and Process.
The Workforce education and training
Council, in consultation with the Commissioners of Labor and of Economic
Development and the Secretary of Education, shall develop criteria consistent
with subsection (d) of this section for making awards under this section.
The
Commissioners of Labor and of Economic Development and the Secretary of
Education, shall develop a process for making awards. [Repealed].
(f)
Awards.
Based on guidelines set by the council, the The Commissioner
of labor, and the Secretary of Education Labor, in consultation with the
Workforce Investment Board, shall jointly develop award criteria and may
make awards to the following:
(1)
Training Programs.
(A)
Public, private, and nonprofit entities for existing or new
innovative training programs.
Awards may be made to programs that retrain
enhance the skills of Vermont incumbent workers and:
(i)
train workers for trades or occupations that are expected to lead
to jobs paying at least 200 percent of the current minimum wage or at least 150
percent if benefits are included; this requirement may be waived when
warranted based on regional or occupational wages or economic reality;
(ii)
do not duplicate, supplant, or replace other available programs
funded with public money;
(iii)
articulate clear goals and demonstrate readily accountable,
reportable, and measurable results; and
(iv)
demonstrate an integrated connection between training and
specific new or continuing employment opportunities.
(B)
Awards under this subdivision shall be made to programs or
- 849 -
projects that do all the following:
(A)(i) offer innovative programs of intensive, student-centric,
competency-based
education,
training,
apprenticeship,
mentoring,
or
any
combination of these;
(B)(ii) address
the
needs
of
workers
who
are
unemployed,
underemployed, or are at risk of becoming unemployed due to changing
workplace demands by increasing productivity and developing new skills for
incumbent workers; or
(iii)
in the discretion of the Commissioner, otherwise serves the
purposes of this chapter.
(C)
train workers for trades or occupations that are expected to lead
to jobs paying at least 200 percent of the current minimum wage or at least 150
percent if benefits are included; this requirement may be waived when
warranted based on regional or occupational wages or economic reality;
(D)
do not duplicate, supplant, or replace other available programs
funded with public money;
(E)
articulate clear goals and demonstrate readily accountable,
reportable, and measurable results;
(F)
demonstrate an integrated connection between training and
specific employment opportunities, including an effort and consideration by
participating employers to hire those who successfully complete a training
program; and.
(2)
Vermont Career Internship Program. Funding for eligible internship
programs
and
activities
under
the
Vermont
Career
Internship
Program
established in section 544 of this title.
(3)
Apprenticeship Program.
The Vermont Apprenticeship Program
established under 21 V.S.A. chapter 13.
Awards under this subdivision may be
used to fund the cost of apprenticeship-related instruction provided by the
Department of Labor.
(g)
[Repealed.]
§ 544.
VERMONT CAREER INTERNSHIP PROGRAM
(a)(1)
The Department of Labor, in consultation with the Agency of
Education,
shall
develop
and
implement
a
statewide
Vermont
Career
Internship Program for Vermonters who are in high school or in college and
for those who are recent graduates of 24 months or less.
(2)
The Department of Labor shall coordinate and provide funding to
- 850 -
public and private entities for internship programs that match Vermont
employers with students from public and private secondary schools, regional
technical centers, the Community High School of Vermont, colleges, and
recent graduates of 24 months or less.
(3)
Funding awarded through the Vermont Career Internship Program
may be used to administer an internship program and to provide participants
with a stipend during the internship, based on need.
Funds may be made only
to programs or projects that do all the following:
(A)
do not replace or supplant existing positions;
(B)
create real workplace expectations and consequences;
(C)
provide a process that measures progress toward mastery of
skills, attitude, behavior, and sense of responsibility required for success in that
workplace;
(D)
are
designed
to
motivate
and
educate
secondary
and
postsecondary students and recent graduates through work-based learning
opportunities
with
Vermont
employers
that
are
likely
to
lead
to
real
employment;
(E)
include mechanisms that promote employer involvement with
secondary and postsecondary students and curriculum and the delivery of
education at the participating schools; and
(F)
offer participants a continuum of learning, experience, and
relationships with employers that
will make
it financially possible
and
attractive for graduates to continue to work and live in Vermont.
(4)
For the purposes of As used in this section, “internship” means a
learning experience working with an employer where the intern may, but does
not necessarily, receive academic credit, financial remuneration, a stipend, or
any combination of these.
(b)
The Department of Labor, in collaboration with the Agencies of
Agriculture, Food and Markets and of Education, state-funded State-funded
postsecondary educational institutions, the Workforce Development Council
Investment Board, and other state State agencies and departments that have
workforce education and training and training monies, shall:
(1)
identify new and existing funding sources that may be allocated to
the Vermont Career Internship Program;
(2)
collect
data
and
establish
program
goals and
quantifiable
performance measures for internship programs funded through the Vermont
Career Internship Program;
- 851 -
(3)
develop or enhance a website that will connect students and
graduates with internship opportunities with Vermont employers;
(4)
engage appropriate agencies and departments of the State in the
Internship Program to expand internship opportunities with State government
and with entities awarded State contracts; and
(5)
work with other public and private entities to develop and enhance
internship programs, opportunities, and activities throughout the State.
Sec. 2.
10 V.S.A. chapter 22 is amended to read:
EMPLOYMENT THE VERMONT
TRAINING PROGRAM
§ 531.
EMPLOYMENT THE VERMONT TRAINING PROGRAM
(a)(1)
The Secretary of Commerce and Community Development may, in
consultation with the Workforce Investment Board, shall have the authority to
design and implement a Vermont Training Program, the purpose of which shall
be
to issue
performance-based
grants to
any
employer,
consortium
of
employers, or providers of training, either individuals or organizations, as
necessary,
to
conduct
training
under
the
following
circumstances:
to
employers and to education and training providers to increase employment
opportunities in Vermont consistent with this chapter.
(2)
The Secretary shall structure the Vermont Training Program to serve
as a flexible, nimble, and strategic resource for Vermont businesses and
workers across all sectors of the economy.
(1)
when issuing grants to an employer or consortium of employers, the
employer promises as a condition of the grant to
where eligible facility is
defined as in subdivision 212(6) of this title relating to the Vermont Economic
Development Authority, or the employer or consortium of employers promises
to open an eligible facility within the State which will employ persons,
provided that for the purposes of this section, eligible facility may be broadly
interpreted to include employers in sectors other than manufacturing; and
(2)
training is required for potential employees, new employees, or long-
standing employees in the methods, either singularly or in combination relating
to
pre-employment
training,
on-the-job
training,
upgrade
training,
and
crossover training, or specialized instruction, either in-plant or through a
training provider.
(b)
Eligibility for grant.
The Secretary of Commerce and Community
Development may award a grant to an employer if:
(1)
the employer’s new or expanded initiative will enhance employment
- 852 -
opportunities for Vermont residents; the training is for pre-employment, new
employees, or incumbent employees in the methods, either singularly or in
combination, relating to pre-employment training, on-the-job training, upgrade
training, and crossover training, or specialized instruction, either on-site or
through a training provider;
(2)
the employer provides its employees with at least three of the
following:
(A)
health care benefits with 50 percent or more of the premium paid
by the employer;
(B)
dental assistance;
(C)
paid vacation; and
(D)
paid holidays;
(D)(E)
child care;
(E)(F) other extraordinary employee benefits;
(F)(G) retirement benefits; and
(H)
other paid time off, including paid sick days;
(3)
the training is directly related to the employment responsibilities of
the trainee; and
(4)
unless modified by the Secretary if warranted based on regional or
occupational wages or economic reality, the training is expected to lead to a
position for which the employee is compensated at least twice the State
minimum wage, reduced by the value of any benefit package up to a limit of
30 percent of the employee’s gross wage; provided that for each grant in which
the Secretary modifies the compensation provisions of this subdivision, he or
she shall identify in the records for that grant the basis and nature of the
modification.
(c)
The employer promises as a condition of the grant to:
(1)
employ new persons at a wage which, at the completion of the
training program, is two times the prevailing state or federal minimum wage,
whichever is greater, reduced by the value of any existing health benefit
package up to a limit of 30 percent of the gross program wage, or for existing
employees, to increase the wage to two times the prevailing state and federal
minimum wage, whichever is greater, reduced by the value of any existing
health benefit package up to a limit of 20 percent of the gross program wage,
upon completion of training; provided, however, that in areas defined by the
Secretary of Commerce and Community Development in which the Secretary
- 853 -
finds that the rate of unemployment is 50 percent greater than the average for
the State, the wage rate under this subsection may be set by the Secretary at a
rate no less than one and one-half times the federal or state minimum wage,
whichever is greater;
(2)
employ persons who have completed the training provided for them
and
nominated
as
qualified
for
a
reasonable
period
at
the
wages
and
occupations described in the contract, unless the employer reasonably finds the
nominee is not qualified;
(3)
provide its employees with at least three of the following:
(A)
health care benefits with 50 percent or more of the premium paid
by the employer;
(B)
dental assistance;
(C)
paid vacation and holidays;
(D)
child care;
(E)
other extraordinary employee benefits; and
(F)
retirement benefits.
(4)
submit a customer satisfaction report to the Secretary of Commerce
and Community Development, on a form prepared by the Secretary for that
purpose, no more than 30 days from the last day of the training program.
In the case of a grant to a training provider, the Secretary shall require as a
condition of the grant that the provider shall disclose to the Secretary the name
of the employer and the number of employees trained prior to final payment
for the training.
(d)
In order to avoid duplication of programs or services and to provide the
greatest return on investment from training provided under this section, the
Secretary of Commerce and Community Development shall:
(1)
first consult with the Commissioner of Labor regarding whether the
grantee has accessed, or is eligible to access, other workforce education and
training resources offered by public or private workforce education and
training partners;
(2)
disburse grant funds only for training hours that have been
successfully completed by employees; provided that a grant for on-the-job
training shall either provide not more than 50 percent of wages for each
employee in training, or not more than 50 percent of trainer expense, but not
both, and further provided that training shall be performed in accordance with
a training plan that defines the subject of the training, the number of training
- 854 -
hours, and how the effectiveness of the training will be evaluated; and
(3)
use funds under this section only to supplement training efforts of
employers and not to replace or supplant training efforts of employers.
(e)
The Secretary of Commerce and Community Development shall
administer all training programs under this section, may select and use
providers of training as appropriate, and shall adopt rules and may accept
services, money, or property donated for the purposes of this section.
The
Secretary may promote awareness of, and may give priority to, training that
enhances critical skills, productivity, innovation, quality, or competitiveness,
such as training in
Innovation Engineering, “Lean” systems,
and
ISO
certification for expansion into new markets.
[Repealed.]
(f)
Upon completion of the training program for any individual, the
secretary of Commerce and Community Development shall review the records
and shall award to the trainee, if appropriate, a certificate of completion for the
training.
(g)
None of the criteria in subdivision (a)(1) of this section shall apply to a
designated job development zone under chapter 29, subchapter 2 of this title.
[Repealed.]
(h)
The
Secretary
may
designate
the
Commissioner
of
Economic
Development to carry out his or her powers and duties under this chapter.
[Repealed.]
(i)
Program Outcomes.
(1)
On or before September 1, 2011, the Agency of Commerce and
Community Development, in coordination with the department of labor, and in
consultation with the Workforce education and training Council and the
legislative Joint Fiscal Office, shall develop, to the extent appropriate, a
common set of benchmarks and performance measures for the training
program established in this section and the Workforce Education and Training
Fund established in section 543 of this title, and shall collect employee-specific
data on training outcomes regarding the performance measures; provided,
however, that the Secretary shall redact personal identifying information from
such data.
(2)
On or before January 15, 2013, the Joint Fiscal Office shall prepare a
performance report using the benchmarks and performance measures created
pursuant to subdivision (1) of this subsection.
The Joint Fiscal Office shall
submit its report to the Senate Committee on Economic Development, Housing
and General Affairs and the House Committee on Commerce and Economic
Development.
- 855 -
(3)
The Secretary shall use information gathered pursuant to this
subsection and customer satisfaction reports submitted pursuant to subdivision
(c)(4) of this section to evaluate the program and make necessary changes that
fall within the Secretary’s authority or, if beyond the scope of the Secretary’s
authority, to recommend necessary changes to the appropriate committees of
the General Assembly.
[Repealed.]
(j)
Consistent with the training program’s goal of providing specialized
training
and
increased
employment
opportunities
for
Vermonters,
and
notwithstanding provisions of this section to the contrary, the Secretary shall
canvas apprenticeship sponsors to determine demand for various levels of
training and classes and shall transfer up to $250,000.00 annually to the
regional technical
centers to
fund or provide supplemental
funding for
apprenticeship training programs leading up to certification or licensing as
journeyman or master electricians or plumbers.
The Secretary shall seek to
provide these funds equitably throughout Vermont; however, the Secretary
shall give priority to regions not currently served by apprenticeship programs
offered through the Vermont Department of Labor pursuant to 21 V.S.A.
[Repealed].
(k)
Annually on or before January 15, the Secretary shall submit a report to
the House Committee on Commerce and Economic Development and the
Senate Committee on Economic Development, Housing and General Affairs.
summarizing In addition to the reporting requirements under section 540 of
this title, the report shall identify:
(1)
all active and completed contracts and grants,;
(2)
the types of training activities provided, from among the following,
the category the training addressed:
(A)
pre-employment training or other training for a new employee to
begin a newly created position with the employer;
(B)
pre-employment training or other training for a new employee to
begin in an existing position with the employer;
(C)
training for an incumbent employee who, upon completion of
training, assumes a newly created position with the employer;
(D)
training for an incumbent employee who upon completion of
training assumes a different position with the employer;
(E)
training for an incumbent employee to upgrade skills;
(3)
for the training identified in subdivision whether the training is
onsite or classroom-based;
- 856 -
(4)
the number of employees served, and ;
(5)
the average wage by employer, and addressing ;
(6)
any waivers granted;
(7)
the identity of the employer, or, if unknown at the time of the report,
the category of employer;
(8)
the identity of each training provider; and
(9)
whether training results in a wage increase for a trainee, and the
amount of increase.
Sec. 3.
REPEAL
2007 Acts and Resolves No. 46, Sec. 6(a), as amended by 2009 Acts and
Resolves No. 54, Sec. 8 (workforce education and training leader) and 2013
Acts and Resolves No. 81, Sec. 2, is repealed.
Sec. 4.
DEPARTMENT OF LABOR; AGENCY OF COMMERCE AND
COMMUNITY DEVELOPMENT; STATUTORY PROPOSALS
On or before November 1, 2014:
(1)
The Commissioner of Labor shall submit to the House Committee on
Commerce
and
Economic
Development
and
the
Senate
Committee
on
Economic Development, Housing and General Affairs a proposal to amend the
language of 10 V.S.A. § 543 to reflect best practices and improve clarity in the
administration of, and for applicants to, the grant program from the Workforce
Education and Training Fund under that section.
(2)
The Secretary of Commerce and Community Development shall
submit to the House Committee on Commerce and Economic Development
and the Senate Committee on Economic Development, Housing and General
Affairs a proposal to amend the language of 10 V.S.A. § 531 to reflect best
practices and improve clarity in the administration of, and for applicants to, the
Vermont Training Program under that section.
Sec. 5.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
- 857 -
Favorable
H. 584
An act relating to municipal regulation of parking lots and meters
Rep. Martin of Wolcott
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 7-3-1)
Senate Proposal of Amendment
H. 526
An act relating to the establishment of lake shoreland protection standards
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
LEGISLATIVE FINDINGS AND LEGISLATIVE INTENT
The General Assembly finds and declares that:
(1)
Clean water is essential in Vermont’s quality of life.
(2)
Preserving, protecting, and restoring the water quality of all lakes,
ponds, rivers, and streams are necessary for the clean water, recreation,
economic opportunity, wildlife habitat, and ecological value that such waters
provide.
(3)
Currently, there are multiple pressures on the protection of the water
quality of the State’s surface waters.
(4)
The State has responded to the multiple pressures on water quality
by
implementing
regulatory
programs
for
stormwater,
wastewater,
and
agricultural runoff, but water quality issues remain that need addressing.
(5)
Vermont’s lakes are among the State’s most valuable and fragile
economic and natural resources, and the protection of naturally vegetated
shorelands adjacent to lakes is necessary to prevent water quality degradation,
maintain healthy habitat, and promote flood resilience.
(6)
Naturally
vegetated
shorelands
and
implementation
of
best
management practices in lands adjacent to lakes function to:
(A)
intercept and infiltrate surface water runoff, wastewater, and
groundwater flows from upland sources;
(B)
remove or minimize the effects of nutrients, sediment, organic
matter, pesticides, and other pollutants;
(C)
moderate the temperature of shallow water habitat;
- 858 -
(D)
maintain the conditions that sustain the full support of aquatic
biota, wildlife, and aquatic habitat uses; and
(E)
promote stability and flood resilience by protecting shoreline
banks from erosion.
(7)
Healthy lakes and adjacent shorelands:
(A) support Vermont’s tourism economy and promote widespread
recreational opportunities, including swimming, boating, fishing, and hunting;
(B)
support property values and tax base; and
(C)
reduce human health risks.
(8)
According to the Agency of Natural Resources Water Quality
Remediation, Implementation, and Funding Report in 2013, review of the
development, protection, and stabilization of shorelands is necessary because
of the importance of shorelands to the health of lakes.
(9)
A lake or pond of more than 10 acres is located in 184 of the State’s
251 municipalities.
However, only 48 municipalities have shoreland zoning
that requires vegetative cover.
Scientifically based standards for impervious
surface and cleared area adjacent to lakes are necessary to protect and maintain
the integrity of water quality and aquatic and shoreland habitat, while also
allowing for reasonable development of shorelands.
(10)
The shorelands of the state owned by private persons remain
private property, and this act does not extend the common-law public trust
doctrine to private shoreland that is not currently public trust land.
The State
has an interest in protecting lakes and adjacent shorelands in a manner that
respects existing rights of property owners to control access to land they own
in lake shorelands, and the regulation of the creation of new impervious
surface or cleared area in the shoreland areas should not and does not affect the
ability of property owners to control access to their lands.
(11)
In order to fulfill the State’s role as trustee of its waters and
promote public health, safety, and the general welfare, it is in the public
interest for the General Assembly to establish lake shoreland protection
standards for impervious surface and cleared area in the shorelands adjacent to
the State’s lakes.
Sec. 2.
10 V.S.A. chapter 49A is added to read:
CHAPTER 49A.
LAKE SHORELAND PROTECTION STANDARDS
§ 1441.
PURPOSE
The purposes of this chapter shall be to:
(1)
provide clear and adaptable standards for the creation of impervious
- 859 -
surface or cleared area in lands adjacent to lakes;
(2)
prevent degradation of water quality in lakes and preserve natural
stability of shoreline;
(3)
protect aquatic biota and protect habitat for wildlife and aquatic life;
(4)
mitigate, minimize, and manage any impact of new impervious
surface and new cleared area on the lakes of the State;
(5)
mitigate the damage that floods and erosion cause to development,
structures, and other resources in the lands adjacent to lakes;
(6)
accommodate creation of cleared areas and impervious surfaces in
protected shoreland areas in a manner that allows for reasonable development
of existing parcels;
(7) protect shoreland owners’ access to, views of, and use of the State’s
lakes; and
(8)
preserve and further the economic benefits and values of lakes and
their adjacent shorelands.
§ 1442.
DEFINITIONS
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2)
“Best
management
practices”
means
approved
activities,
maintenance procedures, and other practices to prevent or reduce the effects of
impervious surface or cleared area on water quality and natural resources.
(3) “Cleared area” means an area where existing vegetative cover, soil,
tree canopy, or duff is permanently removed or altered.
Cleared area shall not
mean
management
of
vegetative
cover
conducted
according
to
the
requirements of section 1447 of this title.
(4) “Duff” means leaf litter plus small fragments of plants and organic
debris that provide a spongy substrate that absorbs the energy of falling water
and allows runoff to infiltrate soil.
(5) “Expansion” means an increase or addition of impervious surface or
cleared area.
(6) “Grass lawn” means land maintained in continuous plant coverage of
grasses and similar plants that are closely and regularly mowed, including
meadow or pasture on nonagricultural land.
“Grass lawn” does not include
pasture cropland, land used to grow sod, or similar land used for agricultural
production.
- 860 -
(7) “Habitable structure” means a permanent assembly of materials built
for the support, shelter, or enclosure of persons, animals, goods, or property,
including a dwelling, a commercial or industrial building, and driveways,
decks, and patios attached or appurtenant to a dwelling or commercial or
industrial building. “Habitable structure” shall not mean a motor home, as that
term is defined under 32 V.S.A. § 8902, tents, lean-tos, or other temporary
structures.
(8)
“Impervious surface” means those manmade surfaces, including
paved and unpaved roads, parking areas, roofs, driveways, and walkways, from
which precipitation runs off rather than infiltrates.
(9)
“Lake” means a body of standing water, including a pond or a
reservoir, which may have natural or artificial water level control.
Private
ponds shall not be considered lakes.
(10) “Mean water level” means the mean water level of a lake as defined
in the Mean Water Level Rules of the Agency of Natural Resources adopted
(11)
“Parcel” means a portion of land or a tract of land with defined
boundaries created by dividing the land by sale, gift, lease, mortgage,
foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed
in the records of the municipality where the act of division occurred.
(12)
“Private pond” means a body of standing water that is a natural
water body of not more than 20 acres located on property owned by a person or
an artificial water body of any size located on property owned by one person.
A “private pond” shall include a reservoir specifically constructed for one of
the
following
purposes:
snowmaking
storage,
golf
course
irrigation,
stormwater management, or fire suppression.
(13) “Private road” means a road or street other than a highway, as that
term is defined in 19 V.S.A. § 1(12), that is owned by one or more persons and
that is used as a means of travel from a highway to more than one parcel of
land.
(14) “Project” means an act or activity that results in cleared area or the
creation of impervious surface in a protected shoreland area.
(15) “Protected shoreland area” means all land located within 250 feet
of the mean water level of a lake that is greater than 10 acres in surface area.
(16)
“Secretary” means the Secretary of Natural Resources or the
Secretary’s duly authorized representative.
(17) “Slope” means the vertical rise divided by the horizontal run of a
place expressed as a percentage.
- 861 -
(18)
“Stormwater runoff” means precipitation and snowmelt that does
not infiltrate into the soil, including material dissolved or suspended in it, but
does not include discharges from undisturbed natural terrain or wastes from
combined sewer overflows.
(19)
“Vegetative cover” means mixed vegetation within the protected
shoreland area, consisting of trees, shrubs, groundcover, and duff. “Vegetative
cover” shall not mean grass lawns, noxious weeds designated by the Secretary
of Agriculture, Food and Markets under 6 V.S.A. chapter 84, or nuisance
plants, such as poison ivy and poison oak, designated by the Secretary of
Natural Resources.
§ 1443.
INDIVIDUAL PERMIT REQUIREMENT FOR IMPERVIOUS
SURFACE OR CLEARED AREA IN A PROTECTED
SHORELAND AREA
(a)
Permit requirement.
A person shall not create cleared area or
impervious surface in a protected shoreland area without a permit from the
Secretary, except for activities authorized to occur without a permit under
section 1446 of this title.
(b)
Permit issuance.
The Secretary shall issue a permit under this section if
the proposed impervious surface or cleared area meets the requirements of
sections 1444 or 1445 of this title.
(c)
Permit process.
(1)
A person applying for a permit shall do so on a form provided by the
Secretary. The application shall be posted on the Agency’s website.
(2)
A person applying for a permit shall provide notice, on a form
provided by the Secretary, to the municipal clerk of the municipality in which
the construction of impervious surface or creation of cleared area is located at
the time the application is filed with the Secretary.
(3)
The Secretary shall provide an opportunity for written comment,
regarding whether an application complies with the requirements of this
chapter or any rule adopted by the Secretary, for 30 days following receipt of
the application.
(d)
Permit condition.
A permit issued under this section may include
permit conditions, including authorizing a permittee, no more frequently than
two times per year, to clear vegetative cover within three feet of both sides of a
footpath within the protected shoreland area in order to allow access to the
mean water level for maintenance or repair of recreational structures or for
other activity approved by the Secretary.
(e)
Permit term.
Individual permits issued under this section shall be for an
- 862 -
indefinite term, provided that the permittee complies with the requirements of
the permit and takes no additional action for which an individual permit is
required.
(f)
Recording.
A permit or registration issued under this chapter shall, for
the purposes of having the permit or registration run with the land, be recorded
in the land records of the municipality in which the impervious surface or
cleared area is located.
§ 1444.
PERMIT STANDARDS
(a)
Permit standards; generally.
Except for permits issued under section
1445 of this title, the Secretary shall issue a permit under this chapter if the
permit applicant demonstrates that:
(1)
cleared area or impervious surface shall be located at least 100 feet
from the mean water level, except for a public recreational access when
compliance with this subdivision (1) would be inconsistent or in conflict with
applicable federal requirements for the management of the parcel;
(2)
cleared area or impervious surface within the protected shoreland
area shall be located on a site:
(A)
with a slope of less than 20 percent; or
(B)
that the permit applicant demonstrates will have a stable slope
with minimal erosion and minimal negative impacts to water quality;
(3)(A)
no more than 20 percent of the protected shoreland area of the
parcel shall consist of impervious surface; or
(B)
the permit applicant shall demonstrate that best management
practices will be used to manage, treat, and control erosion due to stormwater
runoff from that portion of impervious surface that exceeds 20 percent of the
protected shoreland area;
(4)(A)
no more than 40 percent of the protected shoreland area of the
parcel shall consist of cleared area, including area cleared for the purposes of
creating impervious surface; or
(B)
the permit applicant shall demonstrate that best management
practices will be used to provide erosion control, bank stability, and wildlife
habitat functionally equivalent to that which would be provided by clearing
less than 40 percent of the shoreland protection area;
(5)
within 100 feet of the mean water level, vegetative cover shall be
managed according to the requirements of section 1447 of this title.
(b)
Repair of highway or private road.
When the repair, emergency repair,
- 863 -
or replacement of a private road or highway, as that term is defined in
19 V.S.A. § 1(12), results in the construction, creation, or expansion of
impervious surface or cleared area on a property adjacent to the private road or
highway, the impervious surface or cleared area constructed or created on the
adjacent property shall not be calculated as square footage of impervious
surface or cleared area for purposes of permitting or registration under this
chapter.
(c)
Calculation of area.
Under this chapter, the area of constructed, created,
or expanded impervious surface or cleared area shall be the square footage as
measured on a horizontal plane.
§ 1445.
NONCONFORMING PARCELS; PERMIT STANDARDS
(a)
Permit for nonconforming parcels.
A permit applicant shall comply
with the requirements of subsection (b) of this section if the applicant cannot
meet the standard required under subdivision 1444(a)(1) of this title on a parcel
of land in existence on July 1, 2014, due to one of the following limitations:
(1)
parcel size;
(2)
the site characteristic or site limitations of the parcel, including
presence of highway or rights of way and soil type; or
(3)
application of municipal setback requirement in a municipal bylaw
adopted on or before July 1, 2014.
(b)
Permit standards for nonconforming parcels.
(1)
For a parcel on which there is no habitable structure, the cleared area
or impervious surface shall be as far as possible from the mean water level, and
at a minimum shall be no less than 25 feet from the mean water level.
(2)
For a parcel on which a habitable structure is located, the expansion
of any portion of the structure within 100 feet of the mean water level shall be
on the side of the structure farthest from the lake, unless the Secretary
determines that:
(A)
expansion on an alternate side of the structure will have an
impact on water quality that is equivalent to or less than expansion of the
structure on the side farthest from the lake; and
(B)
the structure is not expanded toward the mean water level.
(3)
Cleared area or impervious surface within the protected shoreland
area shall be located on a site:
(A)
with a slope of less than 20 percent; or
(B)
that the permit applicant demonstrates will have a stable slope
- 864 -
with minimal erosion and minimal negative impacts to water quality.
(4)(A)
No more than 20 percent of the protected shoreland area of the
parcel shall consist of impervious surface.
(B)
The permit applicant shall demonstrate that best management
practices will be used to manage, treat, and control erosion due to stormwater
runoff from that portion of impervious surface that exceeds 20 percent of the
protected shoreland area.
(5)(A)
No more than 40 percent of the protected shoreland area of the
parcel shall consist of cleared area, including area cleared for the purposes of
creating an impervious surface.
(B)
The permit applicant shall demonstrate that best management
practices will be used to provide erosion control, bank stability, and wildlife
habitat functionally equivalent to that which would be provided by clearing
less than 40 percent of the protected shoreland area.
(c)
Vegetation maintenance on nonconforming parcels.
A permit issued
under this section for creation of cleared area or impervious surface on a
nonconforming parcel shall not require compliance with the requirements of
section 1447 for the management of vegetative cover.
(d)
Application process.
An applicant for a permit under this section shall
submit to the Secretary a form that identifies the basis of the nonconformity on
the parcel.
The Secretary may issue a permit under this section to an applicant
who meets the requirements of subsection (b) of this section.
§ 1446.
REGISTERED PROJECTS; EXEMPTIONS FROM PERMITTING
(a)(1)
Registered projects.
The following projects in a protected shoreland
area do not require a permit under section 1444 or 1445 of this title:
(A)
The creation of no more than 100 square feet of impervious
surface or cleared within 100 feet of the mean water level, provided that:
(i)
the owner of the property on which the impervious surface or
cleared area is created registers with the Secretary, on a form provided by the
Secretary that contains the name of the property owner, the address of the
property, and a certification that the project meets the requirements of this
subsection (a);
(ii)
the impervious surface or cleared area is located at least 25
feet from the mean water level; and
(iii)
vegetative cover in the protected shoreland area shall be
managed according to the requirements of section 1447 of this title.
- 865 -
(B)
The creation of 500 square feet or less of impervious surface,
cleared area, or a combination of impervious surface and cleared area,
provided that:
(i)
the owner of the property on which the impervious surface or
cleared area is created registers with the Secretary a form provided by the
Secretary that contains the name of the property owner, the address of the
property, and a certification that the project meets the requirements of this
subsection;
(ii)
the impervious surface or cleared area is at least 100 feet from
the mean water level;
(iii)
any proposed cleared area or area within the protected
shoreland area where an impervious surface shall be sited has a slope of less
than 20 percent;
(iv)
after the completion of the project, the protected shoreland
area shall consist of no more than 20 percent impervious surface; and
(v)
after the completion of the project, the protected shoreland
area shall consist of no more than 40 percent cleared area, including any area
cleared for the purposes of creating impervious surface.
(2)
Limit on registration per parcel.
A person shall not use the
registration process under this subsection to create more than a maximum total
per parcel of:
(A)
100 square feet of impervious surface or cleared area within
100 feet of the mean water level; and
(B)
500 square feet of impervious surface or cleared area within the
protected shoreland area that is at least 100 feet from the mean water level.
(3)
Effect of registration.
A registration shall take effect 15 days after
being filed with the Secretary, unless the Secretary requests that the person
registering
submit
additional
information
that
the
Secretary
considers
necessary or the Secretary notifies the person registering that an individual
permit is required.
(4)
Term.
Registrations shall be for an indefinite term, provided that the
person complied with the requirements of this subsection and takes no action
for which an individual permit is required.
(b)
Exemptions.
The following activities in a protected shoreland area do
not require a permit under section 1444 or 1445 of this title:
(1)
Management of vegetative cover.
Management of vegetative cover
conducted in compliance with section 1447 of this title.
- 866 -
(2)
Removal of vegetation for recreational purposes.
The cutting or
removal of no more than 250 square feet of the existing vegetation under three
feet in height within 100 feet of the mean water level to allow for recreational
use in the protected shoreland area, provided that:
(A)
the cutting or removal of vegetation occurs at least 25 feet from
the mean water level; and
(B)
other ground cover, including leaf litter and the forest duff layer,
shall not be removed from the area in which cutting occurs.
(3)
Maintenance of lawns.
The maintenance, but not the enlargement,
of lawns, gardens, landscaped areas, and beaches in existence as of July 1,
2014.
(4)
Creation of footpaths.
The creation of one footpath per parcel with a
width of no greater than six feet that provides access to the mean water level.
Under this subdivision, a footpath includes stairs, landings, or platforms within
the authorized six-feet width.
(5)
Construction within footprint.
Construction within the footprint of
an impervious surface, existing as of July 1, 2014, that does not result in a net
increase in the amount of impervious surface on a parcel.
(6)
Silvicultural activities.
Silvicultural activities in a protected
shoreland area if the silvicultural activities are in compliance with:
(A)
a forest management plan, approved by the Commissioner of
Forests, Parks and Recreation, for the land in the protected shoreland area in
which the silvicultural activities occur;
(B)
the accepted management practices adopted by the Commissioner
of Forests, Parks and Recreation under section 2622 of this title.
(7)
Agricultural activities.
Agricultural activities on land in agricultural
production on July 1, 2014, provided that:
(A)
no impervious surface shall be created or expanded in a protected
shoreland area except when no alternative outside the protected shoreland area
exists, the construction of a best management practice to abate an agricultural
water quality issue when the best management practice is approved by the
Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215; and
(B)
the agricultural activities within the protected shoreland area
comply with the rules adopted by the Secretary of Agriculture, Food and
Markets under 6 V.S.A. chapter 215 regarding agricultural water quality,
including accepted agricultural practices, best management practices, medium
and small farm operation, and large farm operation; and
- 867 -
(8)
Transportation infrastructure and private roads.
The maintenance,
emergency repair, repair, and replacement of:
(A)
Transportation
infrastructure
by
the
Vermont
Agency
of
Transportation or by a municipality.
(B)
A private road that does not require a permit under section 1264
of this title, provided that emergency repair, repair, and replacement of the
private road shall comply with the applicable water quality best management
practices approved by the Secretary under 19 V.S.A. § 996 and incorporated
within the Vermont Agency of Transportation town road and bridge standards
for controlling stormwater runoff and direct discharges to State waters.
The
requirement to comply with the water quality best management practices shall
apply even if the municipality in which the private road is located has not
adopted the town road and bridge standards.
Under this subdivision, expansion
of a private road in order to allow for passage of emergency vehicles shall be
considered repair that does not require a permit under section 1443 of this title.
(9)
Railroad activities.
Railroad activities and facilities within the
jurisdiction of federal law.
(10)
Parcel intersected by public highway.
The creation or expansion of
impervious surface or cleared area on a parcel within the protected shoreland
area when the parcel is intersected by a public highway, as that term is defined
in 19 V.S.A. § 1, and the impervious surface or cleared area is created or
expanded on that portion of the parcel on the side of the highway away from
the mean water level.
(11)
Wastewater systems and potable water supplies.
Installation,
maintenance, repair, or replacement of a wastewater system or potable water
supply permitted by the Agency of Natural Resources under chapter 64 of this
title.
(12)
Stormwater treatment.
Discharges of stormwater, stormwater
treatment facilities or practices, including repair or maintenance, permitted by
the Agency of Natural Resources under section 1264 of this title.
(13)
Utility projects and utility lines.
(A)
The construction of projects that require a certificate of public
good under 30 V.S.A. § 248 subject to the Agency of Natural Resources
Riparian Buffer Guidance for Act 250 and Section 248 projects.
(B)
The routine repair and maintenance of utility lines and structures
including vegetation maintenance in utility line corridors, in a protected
shoreland area that are subject to 30 V.S.A. § 248, chapter 151 of this title, or a
vegetation management plan approved by the Agency in a protected shoreland
- 868 -
area.
Vegetation management practices in a protected shoreland area shall be
performed in accordance with a vegetation management plan approved by the
Agency of Natural Resources.
(C)
The emergency repair of utility lines and poles in protected
shoreland areas, provided that such repair minimizes adverse impacts to
vegetation in the protected shoreland area.
(14)
Act 250 permit.
Projects which have received a permit pursuant to
chapter 151 of this title.
(15)
Designated downtowns and village centers.
Projects in downtowns
and village centers designated pursuant to 24 V.S.A. chapter 76A.
(16)
Urban and industrial redevelopment.
Construction, creation, or
expansion of impervious surface or cleared area within a protected shoreland
area, provided that:
(A)
the area in which the impervious surface or cleared area will be
constructed, created, or expanded is:
(i)
urban or industrial in nature;
(ii)
contains as of July 1, 2014 impervious surface or cleared
area; and
(iii)
has been designated by municipal bylaw for redevelopment.
(B)
the municipality has adopted a shoreland bylaw or ordinance that:
(i)
is at least as stringent as the permitting requirements and
exemptions of this chapter; or
(ii)
requires best management practices or other controls that are,
as determined by the Secretary, functionally equivalent to compliance with the
permitting requirements and exemptions of this chapter.
(17) Mosquito control.
Where mosquito populations create a public
health hazard, as that term is defined in 18 V.S.A. § 2, physical practices or
activities approved by the Secretary that create cleared area or remove
vegetative cover in order to reduce mosquito breeding habitat, provided that
any activity authorized under this subdivision shall comply with the Vermont
wetlands rules.
(c)
Application of vegetative cover requirements.
Activities authorized
under subdivisions (b)(2)–(13) of this section shall not be required to comply
with the requirements for the management of vegetative cover under section
1447 of this title.
§ 1447.
LAKE SHORELAND VEGETATION PROTECTION
- 869 -
STANDARDS
(a)
Within 100 feet of the mean water level, cutting of trees is allowed
provided that a well-distributed stand of trees and other natural vegetation is
maintained.
Vegetation
management
that
occurs
within
the
protected
shoreland area and that is conducted according to the requirements of this
section shall not be counted toward the cleared area on a parcel.
(b) A “well-distributed stand of trees adjacent to a lake” shall be defined as
maintaining a minimum rating score of 12, in each 25-foot by 25-foot area
within 100 feet of the mean water level, as determined by the following rating
system.
(1)
Diameter of tree at 4-1/2 feet above
Points
ground level (inches)
2–< 4 in.
1
4–< 8 in.
2
8–< 12 in.
4
12 in. or greater
8
(2)
The following shall govern in applying this point system:
(A)
25-foot by 25-foot plots shall be established within 100 feet of
the mean water level for vegetation management purposes.
(B)
Each successive plot must be adjacent to but not overlap a
previous plot.
(C)
Any plot not containing the required points must have no
vegetative cover removed unless the removal is allowed pursuant to a
registration or individual permit.
(D)
Any plot containing the required points may have trees removed
down to the minimum points allowed.
(E)
Existing vegetation under three feet in height and other ground
cover, including leaf litter and the forest duff layer, shall not be cut, covered,
or removed, except to provide for a footpath or as allowed pursuant to a
registration or individual permit.
(F)
Pruning of tree branches on the bottom one-third of a tree’s
height is allowed.
(G)
Removal of dead, diseased, or unsafe trees shall be allowed
regardless of points.
- 870 -
(c)
As used in this section, “other natural vegetation” means retaining
existing vegetation under three feet in height and other ground cover and
retaining at least five saplings less than two inches in diameter at four and
one-half feet above ground level for each 25-foot by 25-foot area.
If five
saplings do not exist, no woody stems less than two inches in diameter can be
removed until five saplings have been planted or rooted in the plot.
§ 1448.
MUNICIPAL DELEGATION
(a)
Municipal shoreland bylaws or ordinances.
The Secretary may delegate
authority to permit the construction, creation, or expansion of impervious
surface or cleared area under this chapter to a municipality that has adopted a
shoreland bylaw or ordinance if:
(1)
the municipality adopts a bylaw or ordinance regulating construction
of impervious surface or creation of cleared area in a protected shoreland
area; and
(2)
the municipal bylaw or ordinance is at least as stringent as the
permitting requirements and exemptions of this chapter, upon a determination
by the Secretary that the bylaw or ordinance is functionally equivalent to the
requirements under sections 1444, 1445, 1446, and 1447 of this title.
(b)
Delegation agreement.
(1)
Delegation under subsection (a) of this section shall be by agreement
between the Secretary and the delegated municipality.
The delegation
agreement shall set the terms for revocation of delegation.
(2)
Under the delegation agreement, the Secretary and the municipality
may agree, in instances where a delegated municipality does not or cannot
address
noncompliance,
that
the
Secretary,
after
consultation
with
the
municipality, may institute enforcement proceedings under chapter 201 of
this title.
(3)
The delegation agreement shall require the municipality to:
(A)
have or establish a process for accepting, reviewing, and
processing applications and issuing permits for construction of impervious
surface or creation of cleared area in protected shoreland areas;
(B)
take timely and appropriate enforcement actions;
(C)
commit to reporting annually to the Secretary on a form and date
determined by the Secretary;
(D)
comply with all other requirements of the rules adopted under
this chapter; and
- 871 -
(E)
cure
any
defects
in
such
bylaw
or
ordinance
or
in
the
administration or enforcement of such bylaw or ordinance upon notice of a
defect from the Secretary.
(4)
A municipality that seeks delegation under subsection (a) of this
section shall be presumed to satisfy the requirements of this subsection for a
permit process and enforcement if the municipality has designated a municipal
zoning administrator or other municipal employee or official as responsible for
the permitting and enforcement of the construction, creation, or expansion of
impervious surface or cleared area within the municipality.
§ 1449. COORDINATION OF AGENCY OF NATURAL RESOURCES’
PERMITTING OF ACTIVITIES IN PROTECTED SHORELAND
AREAS
(a)
Coordination of permitting in protected shoreland area.
During
technical review of a permit application for a wastewater system, potable water
supply, stormwater discharge, or stormwater treatment facility that is proposed
to be located in a protected shoreland area and that does not require a permit
under this chapter, the Agency division issuing the wastewater system, potable
water supply, stormwater discharge, or stormwater treatment facility permit
shall consult with the Agency’s Lakes and Ponds Section regarding practices
or activities that could reduce the impact of the proposed activity on the
protected shoreland area or water quality of lakes adjacent to the protected
shoreland area.
(b)
Agency guidance or procedure.
The Agency may formalize the
consultation process required by this section in a guidance document or
internal agency procedure.
(c)
Agency lands.
All lands held by the Agency within a protected
shoreland area shall be managed according to the requirements of this chapter
when consistent and not in conflict with applicable federal requirements for the
management of a parcel of land held by the Agency.
§ 1450.
MUNICIPAL ZONING BYLAW OR ORDINANCE
(a)
Construction of impervious surface or creation of cleared area occurring
outside protected shoreland areas.
Construction of impervious surface or
creation of cleared area occurring outside a protected shoreland area shall
conform to duly adopted municipal zoning bylaws and applicable municipal
ordinances and shall not be subject to regulation by the Secretary of Natural
Resources under this chapter.
(b)
Existing municipal bylaws and ordinances.
The requirements of this
chapter are in addition to existing municipal bylaws and ordinances, and
- 872 -
proposed construction of impervious surface or creation of cleared area within
the protected shoreland area shall comply with all relevant, existing municipal,
State, and federal requirements.
§ 1451.
RULEMAKING
The Secretary may adopt rules to implement the requirements of this
chapter.
§ 1452. EDUCATION AND OUTREACH; CITIZEN’S GUIDE
The Secretary shall conduct ongoing education and outreach to assist
Vermont citizens with understanding and complying with the requirements of
this chapter.
The education and outreach activities shall include publication on
or before January 1, 2015 of a Citizen’s Guide to Shoreland Protection, which
shall provide easily understood instructions on the requirements of this chapter,
how to apply for a permit or registration, and the activities that are exempt
from or otherwise not subject to the requirements of this chapter.
Sec. 3.
10 V.S.A. § 8003(a) is amended to read:
(a)
The secretary Secretary may take action under this chapter to enforce
the following statutes:
* * *
(22)
10
V.S.A.
chapter
164A,
collection
and
disposal
of
mercury-containing lamps; and
(23)
24 V.S.A. § 2202a, relating to a municipality’s adoption and
implementation of a solid waste implementation plan that is consistent with the
State Solid Waste Plan; and
(24)
10 V.S.A. chapter 49A, relating to lake shoreland protection
standards.
Sec. 4.
10 V.S.A. § 8503 is amended to read:
§ 8503.
APPLICABILITY
(a)
This chapter shall govern all appeals of an act or decision of the
Secretary, excluding enforcement actions under chapters 201 and 211 of this
title and rulemaking, under the following authorities and under the rules
adopted under those authorities:
(1)
The following provisions of this title:
* * *
(R)
chapter 32 (flood hazard areas).
- 873 -
(S)
chapter 49A (lake shoreland protection standards).
* * *
Sec. 5.
3 V.S.A. § 2822(j)(32) is added to read:
(32)
For projects taking place in a protected shoreland area that require:
(A)
a registration under 10 V.S.A. § 1446:
$100.00.
(B)
a permit under 10 V.S.A. §§ 1443, 1444, and 1445:
$125.00 plus
$0.50 per square foot of impervious surface.
Sec. 5a.
REPORT ON COSTS OF LAKE SHORELAND PROTECTION
PROGRAM
On or before January 15, 2016, the Secretary of Natural Resources shall
submit to the Senate Committee on Finance, the House Committee on Ways
and Means, the Senate Committee on Natural Resources and Energy, and the
House Committee on Fish, Wildlife and Water Resources a report regarding
the costs to the Agency of Natural Resources of administering the Lake
Shoreland Protection Program under 10 V.S.A. chapter 49A.
The report shall
include:
(1)
the number of lake shoreland protection registrations and permits
issued by the Agency;
(2)
the permit and registration fees collected by the Agency; and
(3)
the cost to the Agency of implementing the Lake Shoreland
Protection Program.
Sec. 6.
10 V.S.A. § 1454 is amended to read:
§ 1454. TRANSPORT OF AQUATIC PLANTS AND AQUATIC
NUISANCE SPECIES
(a)
No person shall transport an aquatic plant or aquatic plant part, zebra
mussels (Dreissena polymorpha), quagga mussels (Dreissena bugensis), or
other aquatic nuisance species identified by the secretary Secretary by rule to
or from any Vermont waters on the outside of a vehicle, boat, personal
watercraft, trailer, or other equipment.
This section shall not restrict proper
harvesting or other control activities undertaken for the purpose of eliminating
or controlling the growth or propagation of aquatic plants, zebra mussels,
quagga mussels, or other aquatic nuisance species.
(b)
The secretary Secretary may grant exceptions to persons to allow the
transport of aquatic plants, zebra mussels, quagga mussels, or other aquatic
nuisance species for scientific or educational purposes.
When granting
exceptions, the secretary Secretary shall take into consideration both the value
- 874 -
of the scientific or educational purpose and the risk to Vermont surface waters
posed by the transport and ultimate use of the specimens.
A letter from the
secretary Secretary authorizing the transport must accompany the specimens
during transport.
(c)
A violation of this section may be brought by any law enforcement
officer, as that term is defined in 23 V.S.A. § 4(11), in the Environmental
Division
of
the
Superior
Court.
When
a
violation is
brought
by
an
enforcement officer other than an environmental enforcement officer employed
by the Agency of Natural Resources, the enforcement officer shall submit to
the Secretary a copy of the citation for purposes of compliance with the public
participation requirements of section 8020 of this title.
Sec. 7.
TRANSITION
A permit or registration under 10 V.S.A. chapter 49A for the creation of
impervious surface or cleared area within a protected shoreland area shall not
be required on a parcel of land for a project for which:
(1)
all necessary State, local, or federal permits have been obtained prior
to the effective date of this act and the permit holder takes no subsequent act
that would require a permit or registration under 10 V.S.A. chapter 49A; or
(2)
a complete application for all applicable local, State, and federal
permits has been submitted on or before the effective date of this act, provided
that the applicant does not subsequently file an application for a permit
amendment that would require a permit under 10 V.S.A. chapter 49A and
substantial construction of the impervious surface or cleared area commences
within two years of the date on which all applicable local, State, and federal
permits become final.
Sec. 8.
EFFECTIVE DATE
This act shall take effect July 1, 2014.
(For text see House Journal 3/27/2013 & 3/28/2013 )
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
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
- 875 -
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.