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House Calendar
Friday, April 04, 2014
88th DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 740
Transportation improvement fees .................................................... 1797
H. 881
Approval of the adoption and the codification of the charter of the
Town of Westford ........................................................................................ 1797
H. 889
Setting the statewide education tax base rates and base education
amount for fiscal year 2015 and making several changes to Vermont’s
education financing laws ............................................................................. 1797
Rep. Wright Amendment ............................................................................. 1797
Rep. Sharpe et al Amendment ..................................................................... 1797
S. 86
An act relating to miscellaneous changes to election laws ................ 1798
S. 296
An act relating to the Defender General’s duty to investigate issues
related to the health, safety, and welfare of inmates in correctional facilities
..................................................................................................................... 1798
Favorable with Amendment
H. 757
Exemptions to the Public Records Act ............................................ 1798
Rep. Hubert for Government Operations
Favorable
H. 888
Approval of amendments to the charter of the Town of Milton ..... 1811
Rep. Hubert for Government Operations
J.R.S. 47
Joint resolution relating to the approval of State land transactions
..................................................................................................................... 1812
Rep. Macaig for Corrections and Institutions
Senate Proposal of Amendment
H. 583
The charge of the Vermont Child Poverty Council ......................... 1812
H. 676
Regulation of land uses within flood hazard areas .......................... 1813
NOTICE CALENDAR
Favorable with Amendment
H. 552
Raising the Vermont minimum wage .............................................. 1814
Rep. O’Sullivan for General, Housing and Military Affairs
Rep. Keenan for Appropriations .................................................................. 1815
S. 314
An act relating to miscellaneous amendments to laws related to motor
vehicles ........................................................................................................ 1815
Rep. Brennan for Transportation
Favorable
H. 878
Prevailing wages .............................................................................. 1840
Rep. Moran for General, Housing and Military Affairs
Rep. Keenan for Appropriations .................................................................. 1840
H. 886
Approval of the adoption and the codification of the charter of the
Town of Panton ........................................................................................... 1840
Rep. Mook for Government Operations
H. 890
Approval of amendments to the charter of the City of Burlington
regarding the redistricting of City election areas ........................................ 1840
Rep. Cole for Government Operations
H.R. 18
Relating to passenger rail service to Montreal .............................. 1840
Rep. Bissonnette for Transportation
H.R. 19
Relating to intercity passenger rail connecting New York to the
Western Corridor of Vermont ..................................................................... 1841
Rep. Bissonnette for Transportation
H.R. 20
Relating to support of Agency of Transportation’s TIGER grant
application for Western Corridor rail improvements .................................. 1841
Rep. Bissonnette for Transportation
Senate Proposal of Amendment
H. 543
Records and reports of the Auditor of Accounts ............................. 1841
Consent Calendar
H.C.R. 286
In memory of former Senator and Chittenden County Assistant
Judge Thomas M. Crowley of South Burlington ......................................... 1842
H.C.R. 287
Congratulating the 2014 Essex High School Hornets Metro
Division girls’ hockey championship team ................................................. 1842
H.C.R. 288
Congratulating the 2014 Essex High School Division I
championship cheerleading team ................................................................ 1842
H.C.R. 289
Honoring Patricia Palencsar for her leadership at Green Mountain
RSVP & Volunteer Center .......................................................................... 1842
H.C.R. 290
Designating April 2014 as Autism Awareness Month ............ 1842
H.C.R. 291
Congratulating the 2014 Poultney High School Division II
championship cheerleading team ................................................................ 1842
H.C.R. 292
Honoring Richard Andrews as a conservationist and hiking
recreational leader ....................................................................................... 1842
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 740
An act relating to transportation improvement fees
H. 881
An act relating to approval of the adoption and the codification of the charter
of the Town of Westford
H. 889
An act relating to setting the statewide education tax base rates and base
education amount for fiscal year 2015 and making several changes to
Vermont’s education financing laws
Amendment to be offered by Rep. Wright of Burlington to H. 889
First:
By adding a Sec. 24a to read as follows:
Sec. 24a.
16 V.S.A. § 4028(d) is added to read:
(d)
By July 1 of each year, the Joint Fiscal Office shall determine the total
amount of new unfunded mandates imposed on supervisory unions and school
districts for the coming fiscal year.
The Joint Fiscal Office shall present this
total to the Joint Fiscal Committee at its July meeting.
The Joint Fiscal
Committee shall review and approve the total, and that amount shall then be
added to the General Fund transfer in subdivision 4025(a)(2) of this title for
that fiscal year and after.
As used in this subsection, an ―unfunded mandate‖
means a State statute or State regulation that requires a supervisory union or
school district to perform certain actions, but with no money or funding
mechanism in place for fulfilling the requirement.
Second:
In Sec. 26(a), after ―24 (tuition report),‖ by inserting 24a
(mandates),
Amendment to be offered by Reps. Sharpe of Bristol and Greshin of
Warren to H. 889
In Sec. 10 (occupancy of a homestead) after the words ―resident individual‖ by
inserting the words on April 1 and occupied, and after the words ―183 days out
of the‖ by inserting the word calendar
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S. 86
An act relating to miscellaneous changes to election laws
S. 296
An act relating to the Defender General’s duty to investigate issues related to
the health, safety, and welfare of inmates in correctional facilities
Favorable with Amendment
H. 757
An act relating to exemptions to the Public Records Act
Rep. Hubert of Milton,
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:
* * * Rulemaking; Identification of PRA Exemptions * * *
Sec. 1.
3 V.S.A. § 838 is amended to read:
§ 838.
FILING OF PROPOSED RULES
(a)
Proposed rules shall be filed with the secretary of state Secretary of
State.
The filing shall include the following:
(1)
a cover sheet;
(2)
an economic impact statement;
(3)
an incorporation by reference statement, if the proposed rule
includes an incorporation by reference;
(4)
an adopting page;
(5)
the text of the proposed rule;
(6)
an annotated text showing changes from existing rules;
(7)
an explanation of the strategy for maximizing public input on the
proposed rule as prescribed by the interagency committee on administrative
rules Interagency Committee on Administrative Rules; and
(8)
a brief summary of the scientific information upon which the
proposed rule is based to the extent the proposed rule depends on scientific
information for its validity.
(b)
The cover sheet shall be on a form prepared by the secretary of state
Secretary of State containing at least the following information:
(1)
the name of the agency;
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(2)
the title or subject of the rule;
(3)
a concise summary explaining the effect of the rule;
(4)
the specific statutory authority for the rule, and, if none exists, the
general statutory authority for the rule;
(5)
an explanation of why the rule is necessary;
(6)
an explanation of the people, enterprises, and government entities
affected by the rule;
(7)
a brief summary of the economic impact of the rule;
(8)
the name, address, and telephone number of an individual in the
agency able to answer questions and receive comments on the proposal;
(9)
a proposed schedule for completing the requirements of this chapter,
including, if there is a hearing scheduled, the date, time, and place of that
hearing, and a deadline for receiving comments; and
(10)
whether the rule adopts an exemption from inspection and copying
of public records or designates information as confidential and, if so, the
asserted statutory authority for the exemption or confidentiality designation
and a brief summary of the need for the exemption or confidentiality; and
(11)
a signed and dated statement by the adopting authority approving
the contents of the filing.
* * *
* * * Short Title * * *
Sec. 2.
1 V.S.A. § 315 is amended to read:
§ 315.
STATEMENT OF POLICY; SHORT TITLE
(a)
It is the policy of this subchapter to provide for free and open
examination of records consistent with Chapter I, Article 6 of the Vermont
Constitution.
Officers of government are trustees and servants of the people
and it is in the public interest to enable any person to review and criticize their
decisions
even
though
such
examination
may
cause
inconvenience
or
embarrassment.
All people, however, have a right to privacy in their personal
and economic pursuits, which ought to be protected unless specific information
is needed to review the action of a governmental officer.
Consistent with these
principles, the General Assembly hereby declares that certain public records
shall be made available to any person as hereinafter provided.
To that end, the
provisions of this subchapter shall be liberally construed to implement this
policy, and the burden of proof shall be on the public agency to sustain its
action.
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(b)
This subchapter may be known and cited as the Public Records Act or
the PRA.
* * * Exemptions to the Public Records Act * * *
* * * Commerce and Historic Preservation-Related Exemptions * * *
Sec. 3.
STATEMENT OF PURPOSE
Sec. 4 of this act repeals 1 V.S.A. § 317(c)(22), which exempted from
public inspection and copying any documents filed, received, or maintained by
the Agency of Commerce and Community Development with regard to
administration of 32 V.S.A. chapter 151, subchapters 11C and 11D (new jobs
tax credit; manufacturer’s tax credit), provided that all such documents were
no longer exempt when a tax credit certification had been granted by the
Secretary of Administration unless the disclosure of such records would
otherwise violate any provision of Title 32.
Subchapters 11C and 11D of
32 V.S.A. chapter 151 were repealed in 2006, and thus the exemption at
1 V.S.A. § 317(c)(22) is no longer needed going forward.
However, if the
Agency of Commerce and Community Development or any other public
agency has custody of records described in the former 1 V.S.A. § 317(c)(22),
these records shall remain exempt from public inspection and copying as they
were under the former 1 V.S.A. § 317(c)(22).
Sec. 4.
1 V.S.A. § 317(c) is amended to read:
(c)
The following public records are exempt from public inspection and
copying:
* * *
(10)
lists of names compiled or obtained by a public agency when
disclosure would violate a person’s right to privacy or produce public or
private gain; provided, however, that this section does not apply to, except
lists:
(A)
which are by law made available to the public, or to lists;
(B)
of professional or occupational licensees; or
(C)
sold or rented in the sole discretion of Vermont Life magazine,
provided that such discretion is exercised in furtherance of that magazine’s
continued financial viability and pursuant to specific guidelines adopted by the
editor of the magazine;
* * *
(20)
information which that would reveal the location of archeological
sites and underwater historic properties, except as provided in 22 V.S.A. § 762
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761;
(21)
lists of names compiled or obtained by Vermont Life magazine for
the purpose of developing and maintaining a subscription list, which list may
be sold or rented in the sole discretion of Vermont Life magazine, provided
that such discretion is exercised in furtherance of that magazine’s continued
financial viability, and is exercised pursuant to specific guidelines adopted by
the editor of the magazine; [Repealed.]
(22)
any documents filed, received, or maintained by the Agency of
Commerce and Community Development with regard to administration of
32 V.S.A. chapter 151, subchapters 11C and 11D (new jobs tax credit;
manufacturer’s tax credit), except that all such documents shall become public
records under this subchapter when a tax credit certification has been granted
by the Secretary of Administration, and provided that the disclosure of such
documents does not otherwise violate any provision of Title 32; [Repealed.]
* * *
(30)
all code and machine-readable structures of state-funded and
controlled State-controlled database applications structures and application
code,
including
the
vermontvacation.com website
and
Travel
Planner
application, which are known only to certain state State departments engaging
in marketing activities and which give the state State an opportunity to obtain a
marketing advantage over any other state, regional, or local governmental or
nonprofit quasi-governmental entity, or private sector entity, unless any such
state State department engaging in marketing activities determines that the
license or other voluntary disclosure of such materials is in the state’s State’s
best interests;
* * *
(40)
records of genealogy provided in an application or in support of an
application for tribal recognition pursuant to chapter 23 of this title;
* * *
Sec. 5.
9 V.S.A. § 4100b is amended to read:
§ 4100b.
ENFORCEMENT; TRANSPORTATION BOARD
* * *
(e)
The Board shall be empowered to determine the location of hearings,
appoint persons to serve at the deposition of out-of-state witnesses, administer
oaths, and authorize stenographic or recorded transcripts of proceedings before
it.
Prior to the hearing on any protest, but no later than 45 days after the filing
of the protest, the Board shall require the parties to the proceeding to attend a
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prehearing conference in which the Chair or designee shall have the parties
address the possibility of settlement.
If the matter is not resolved through the
conference, the matter shall be placed on the Board’s calendar for hearing.
Conference discussions Settlement communications shall remain confidential
and, shall be exempt from public inspection and copying under the Public
Records Act, shall not be disclosed or, and shall not be used as an admission in
any subsequent hearing.
* * *
* * * Education-Related Exemptions * * *
Sec. 6.
1 V.S.A. § 317(c) is amended to read:
(c)
The following public records are exempt from public inspection and
copying:
* * *
(11)
student records, including records of a home study student, at
educational institutions or agencies funded wholly or in part by State revenue;
provided, however, that such records shall be made available upon request
under the provisions of the Federal Family Educational Rights and Privacy Act
of 1974 (P.L. 93-380) and as, 20 U.S.C. § 1232g, as may be amended;
* * *
(23)
any data, records, or information developed, discovered, collected,
or received produced or acquired by or on behalf of faculty, staff, employees,
or students of the University of Vermont or the Vermont state colleges State
Colleges in the conduct of study, research, or creative efforts on medical,
scientific, technical, scholarly, or artistic matters, whether such activities are
sponsored alone by the institution or in conjunction with a governmental body
or private entity, until such data, records, or information are is published,
disclosed in an issued patent, or publicly released by the institution or its
authorized agents.
This subdivision applies to, but is not limited to, research
notes and laboratory notebooks, lecture notes, manuscripts, creative works,
correspondence, research proposals and agreements, methodologies, protocols,
and
the
identities
of
or
any
personally
identifiable
information
about
participants in research.
This subdivision shall not apply to records, other than
research protocols, produced or acquired by an institutional animal care and
use committee regarding the committee’s compliance with State law or federal
law regarding or regulating animal care;
* * *
Sec. 7.
16 V.S.A. § 2826 is added to read:
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§ 2826.
CONFIDENTIALITY
OF
PERSONALLY
IDENTIFYING
INFORMATION
Except as otherwise provided by law, or by consent of the individual,
information
that
directly
or
indirectly
identifies
applicants,
recipients,
beneficiaries, or participants in programs administered by the Corporation,
including grant, loan, scholarship, outreach, or investment plan programs, shall
not be released and shall be exempt from public inspection and copying under
Sec. 8.
16 V.S.A. § 2843 is amended to read:
§ 2843.
APPLICATIONS, CERTIFICATES, AND REPORTS
(a)
The recipient must apply for an incentive grant at least annually.
Grants
may be for a maximum of five full-time equivalent school years.
(b)
Each applicant for an incentive grant shall furnish a certificate of
income with the application.
Attached to the certificate shall be a form of
consent, executed by the student and any other required persons, granting
permission to the Vermont commissioner of taxes Commissioner of Taxes to
disclose the income tax information required by subsection (c) of this section.
(c)
The Vermont commissioner of taxes Commissioner of Taxes, when
requested by the corporation Corporation, shall compare any certificate filed
pursuant to this subchapter with the state State income tax returns filed by the
persons making such certificate and shall report any instances of discrepancy
to the corporation.
(d)
Except as otherwise provided in this subchapter or other applicable law
or court order, or by agreement of the applicant, certificates and reports made
to the corporation under this section shall be confidential, and it shall be
unlawful for anyone to divulge the amount of income or any particulars set
forth in a certificate or any report made to an applicant or the corporation.
Nothing herein shall be construed to prevent the publication of statistical data
as long as the identification of particular individuals, certificates, and reports is
prevented. [Repealed.]
* * * Financial Regulation-Related Exemptions * * *
Sec. 9.
1 V.S.A. § 317(c) is amended to read:
(c)
The following public records are exempt from public inspection and
copying:
* * *
(26)
information and records provided to the Department of Financial
Regulation by an individual a person for the purposes of having the department
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Department assist that individual person in resolving a dispute with any person
or company regulated by the Department, and any information or records
provided by a company or any other person in connection with the individual’s
dispute;
* * *
(36)
anti-fraud plans and summaries submitted by insurers to the
Department of Financial Regulation for the purposes of complying with
* * *
Sec. 10.
8 V.S.A. § 3839 is amended to read:
§ 3839.
REPORTING REQUIREMENTS AND PRIVACY
(a)
Each
life
settlement
provider
shall
file
with
the commissioner
Commissioner on or before March 1 of each year an annual statement
containing such information as the commissioner Commissioner may prescribe
by rule or order.
Information relating to life settlement transactions shall be
limited to only those transactions where the policy owner is a resident of this
state.
Upon proper request by the filer, the commissioner Commissioner shall
maintain the confidentiality of and not release trade secret information exempt
from public inspection and copying under 1 V.S.A. § 317(c)(9).
The annual
statement shall not contain individually-identifiable individually identifiable
life settlement transaction information, but such information shall be provided
to the commissioner Commissioner pursuant to section 3840 of this title.
If
available to the provider because of the provider’s business relationship or
affiliation with one or more life settlement purchasers, the annual statement
shall also include such information as the commissioner Commissioner may
prescribe by rule or by order concerning life settlement purchase agreements or
similar investment contracts entered into by residents of this state State.
* * *
Sec. 11.
8 V.S.A. § 4488(5) is amended to read:
(5)
Notice of termination of appointment of insurance agent.
Every
society doing business in this State shall, upon the termination of the
appointment of any insurance agent licensed to represent it in this state State,
forthwith file with the Commissioner of Financial Regulation, a statement, in
such form as he or she may prescribe, of the facts relative to the termination
and the cause thereof.
Every statement made pursuant to this section shall be
deemed a is confidential and privileged communication to the same extent as
provided under subsection 4813m(f) of this title.
Sec. 12.
8 V.S.A. § 7041(e) is amended to read:
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(e)
The notice of hearing held under subsection (a) of this section and any
order issued pursuant to subsection (a) shall be served upon the insurer
pursuant to the provisions of 3 V.S.A. chapter 25.
The notice of hearing shall
state the time and place of hearing, and the conduct, condition or ground upon
which the Commissioner may base his or her order.
Unless mutually agreed
between the Commissioner and the insurer, the hearing shall occur not less
than ten days nor more than 30 days after notice is served and shall be held at
the offices of the Department of Financial Regulation or in some other place
convenient to the parties as determined by the Commissioner.
Hearings Unless
the insurer requests a public hearing, hearings under subsection (a) of this
section shall be private and shall not be subject to the provisions of 1 V.S.A.
chapter 5, subchapters 2 and 3 (public information and access to public
records), unless the insurer requests a public hearing exempt from the
requirements of the Open Meeting Law, and records of such hearings shall be
exempt from public inspection and copying under the Public Records Act.
* * * Health Care-Related Exemptions * * *
Sec. 13.
1 V.S.A. § 317(c)(38) is amended to read:
(38)
records held by the agency of human services, which include
prescription information containing prescriber-identifiable data, that could be
used to identify a prescriber, except that the records shall be made available
upon request for medical research, consistent with and for purposes expressed
chapter 84, or as provided for in 18 V.S.A. chapter or 84A, and for other law
enforcement activities;
Sec. 14.
8 V.S.A. § 4089a is amended to read:
§ 4089a.
MENTAL HEALTH CARE SERVICES REVIEW
* * *
(i)
The confidentiality of any health care information acquired by or
provided to the an independent panel of mental health professionals or to an
independent review organization pursuant to section 4089f of this title shall be
maintained in compliance with any applicable State or federal laws.
The
independent panel shall not constitute a public agency 1 V.S.A. § 317(a), or a
public body under section 310 of Title 1.
Records of, and internal materials
prepared for, specific reviews under this section shall be exempt from public
disclosure under 1 V.S.A. § 316.
Sec. 15.
18 V.S.A. § 7103 is amended to read:
§ 7103.
DISCLOSURE OF INFORMATION
(a)
All certificates, applications, records, and reports, other than an order of
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a court made for the purposes of this part of this title, and which that directly or
indirectly identifying identifies a patient or former patient or an individual
whose hospitalization or care has been sought or provided under this part,
together with clinical information relating to such persons, shall be kept
confidential and shall not be disclosed by any person except insofar:
(1)
as the following persons have consented to disclosure in writing:
(A)
the individual identified, in the records;
(B)
the individual’s health care agent under subsection 5264 an
advance directive that has become effective under section 9706 of this title,; or
(C)
the individual’s legal guardian, if any (or, or, if the individual is
an unemancipated minor, his or her parent or legal guardian), shall consent in
writing guardian; or
(2)
to a person specifically authorized by the individual to receive health
care information under an advance directive that has become effective under
section 9706 of this title;
(3)
as disclosure may be necessary to carry out any of the provisions of
this part; or
(3)(4)
as a court may direct upon its determination that disclosure is
necessary for the conduct of proceedings before it and that failure to make
disclosure would be contrary to the public interest.
(b)
Nothing in this section shall preclude disclosure, upon proper inquiry,
of information concerning an individual’s medical condition to the individual’s
family, clergy, physician, attorney, the individual’s health care agent under
section 5264 of this title, a person to whom disclosure is authorized by a
validly executed durable power of attorney for health care, or to an interested
party a person authorized by law.
* * *
Sec. 16.
IDENTITY OF VERMONT STATE HOSPITAL PATIENTS
BURIED ON HOSPITAL GROUNDS FROM 1892 TO 1913
Consistent with the intent of Joint Resolution No. R-109 (2013) to preserve
the memory of individuals buried in the cemetery and on the grounds of the
former Vermont State Hospital in Waterbury, and to enable the identification
of individuals buried in unmarked graves so that these individuals will not be
left unknown, the State of Vermont may release records dating from 1892 to
1913 that identify patients of the former Vermont State Hospital in Waterbury,
but only to the extent necessary to assist in the identification of patients buried
in the Hospital’s cemetery or on its grounds in unmarked graves from 1892 to
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1913.
* * * Human Services-Related Exemptions * * *
Sec. 17.
33 V.S.A. § 105(c) is amended to read:
(c)
In addition to other duties imposed by law, the commissioner
Commissioner shall:
(1)
Administer administer the
laws
assigned
to
the department.
Department; and
(2)
Fix fix standards and issue regulations necessary to administer those
laws and for the custody and preservation of records of the department.
Those
regulations
shall
contain
provisions
restricting
the
use or
disclosure
of
information contained in the records to purposes directly connected with the
administration of the department.
As used in this subdivision, the word
―records‖ includes records, papers, files and communications Department.
* * *
Sec. 18.
33 V.S.A. § 111 is amended to read:
§ 111.
RECORDS, RESTRICTIONS, PENALTIES
(a)
The names of or information pertaining to applicants for or recipients of
assistance or benefits, including information obtained under section 112 of this
title, shall not be disclosed to anyone, except for the purposes directly
connected with the administration of the department Department or when
required by law.
(b)
A person shall not:
(1)
Publish publish, use, disclose, or divulge any of those records for
purposes not directly connected with the administration of programs of the
department
Department,
or
contrary
to
regulations
issued
by
the
commissioner; or
(2)
Use any records of the department of any kind or description for
political
or
commercial
purposes,
or
purposes
not
authorized
by
law
Commissioner.
Sec. 19.
33 V.S.A. § 908 is amended to read:
§ 908.
POWERS AND DUTIES
(a)
Each nursing home or other provider shall file with the division
Division, on request, such data, statistics, schedules, or information as the
division Division may
require
to
enable
it
to
carry
out
its
function.
Information received from a nursing home under this section shall be available
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to the public, except that the specific salary and wage rates of employees, other
than the salary of an administrator, shall not be disclosed unless disclosure is
required under 1 V.S.A. § 317(b).
(b)
The division Division shall have the power to examine books and
accounts of any nursing home or other provider caring for state-assisted
State-assisted persons, to subpoena witnesses and documents, to administer
oaths to witnesses and to examine them on all matters of which the division
Division has jurisdiction.
(c)
The secretary Secretary shall adopt all rules and regulations necessary
for the implementation of this chapter.
Sec. 20.
33 V.S.A. § 2010(e) is amended to read:
(e)
Notwithstanding any provision of law to the contrary, information
submitted to the Department under this section is confidential and is not a
public record as defined in 1 V.S.A. § 317(b) shall be exempt from public
inspection and copying under the Public Records Act and shall not be released.
Disclosure may be made by the Department to an entity providing services to
the Department under this section; however, that disclosure does not change
the confidential status of the information.
The information may be used by the
entity only for the purpose specified by the Department in its contract with the
entity.
Data compiled in aggregate form by the Department for the purposes of
reporting required by this section are public records as defined in 1 V.S.A.
§ 317(b), provided they do not reveal trade information protected by State or
federal law.
* * * Natural Resources-Related Exemptions * * *
Sec. 21.
10 V.S.A. § 101 is amended to read:
§ 101.
DIVISION OF GEOLOGY AND MINERAL RESOURCES; DUTIES
The division of geology and mineral resources Division of Geology and
Mineral Resources shall:
* * *
(6)
Maintain records of old and new information relating to the geology,
mineral
resources, and
topography
of
the state
and
make
public
new
information resulting from research and field studies conducted by or for the
division.
Certain information provided by the mineral industries of the state
may be held in confidential status at the industries’ request and used only for
purposes and in a manner permitted by the industry State.
(7)
Prepare and publish reports on the geology, mineral resources, and
topography of the state State.
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Sec. 22.
10 V.S.A. § 1259 is amended to read:
§ 1259.
PROHIBITIONS
(a)
No person shall discharge any waste, substance, or material into waters
of the State, nor shall any person discharge any waste, substance, or material
into an injection well or discharge into a publicly owned treatment works any
waste which interferes with, passes through without treatment, or is otherwise
incompatible with those works or would have a substantial adverse effect on
those works or on water quality, without first obtaining a permit for that
discharge from the Secretary.
This subsection shall not prohibit the proper
application of fertilizer to fields and crops, nor reduce or affect the authority or
policy declared in Joint House Resolution 7 of the 1971 Session of the General
Assembly.
(b)
Any records, reports or information obtained under this permit program
shall be available to the public for inspection and copying.
However, upon a
showing satisfactory to the Secretary that any records, reports or information
or part thereof, other than effluent data, would, if made public, divulge
methods or processes entitled to protection as that constitute trade secrets, the
Secretary shall treat and protect those records, reports or information as
confidential. Any shall be exempt from public inspection and copying under
1 V.S.A. § 317(c)(9) and shall not be released, except that such records, reports
or information accorded confidential treatment will be disclosed to authorized
representatives of the State and the United States when relevant to any
proceedings under this chapter.
Sec. 23.
10 V.S.A. § 6628 is amended to read:
§ 6628.
PLAN, PLAN SUMMARY, AND PERFORMANCE REPORT
REVIEW
(a)
Except as provided for in this section, a toxics use reduction and
hazardous waste reduction plan Toxics Use Reduction and Hazardous Waste
Reduction Plan developed under this subchapter shall be retained at the facility
and is not a public record under 1 V.S.A. § 317.
If a person developing a
Toxics Use Reduction and Hazardous Waste Reduction Plan under this chapter
chooses to send all or a portion of the plan to the Secretary for review, it still
shall not be a public record exempt from public inspection and copying under
1 V.S.A. § 317(c)(9) and shall not be released.
A plan summary submitted
pursuant to section 6629 of this title shall be submitted to the Secretary and
shall be a public record.
* * *
Sec. 24.
10 V.S.A. § 6632 is amended to read:
- 1810 -
§ 6632.
TRADE SECRETS
The secretary Secretary shall adopt rules to ensure that trade secrets
designated by a generator in all or a portion of the review and plans, and the
report required by this subchapter, are utilized which are exempt from public
inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the
secretary
or Secretary, the department Department,
and
any
authorized
representative of the Department only in connection with the responsibilities of
the department Department pursuant to this subchapter, and that those trade
secrets are not otherwise disseminated by the secretary, the department, or any
authorized representative of the department.
The rules shall provide that a
generator may only designate as trade secrets those that satisfy the criteria for
trade secrets set forth in 18 V.S.A. § 1728(a) shall not be released.
* * * Public Service Corporation-Related Exemptions * * *
Sec. 25.
30 V.S.A. § 206 is amended to read:
§ 206.
INFORMATION TO BE FURNISHED DEPARTMENT
On request by the department of public service Department of Public
Service, a company owning or operating a plant, line, or property subject to
supervision
under this
chapter
shall
furnish
the department Department
information required by it concerning the condition, operation, management,
expense of maintenance and operation, cost of production, rates charged for
service or for product, contracts, obligations, and the financial standing of such
company.
It shall also inform the department Department of the salaries of, the
pensions, option, or benefit programs affecting, and the expenses reimbursed
to, its officers or directors, or both.
Such information shall be open to public
inspection at seasonable times and any person shall be entitled to copies
thereof.
Information exacted for use by the department in a particular instance
shall not be made public, except in the discretion of the department.
* * * Trade Secrets * * *
Sec. 26.
1 V.S.A. § 317(c)(9) is amended to read:
(9)
trade secrets, meaning confidential business records or information,
including any formulae, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is not
patented, which is known only to certain individuals within a commercial
concern a commercial concern makes efforts that are reasonable under the
circumstances to keep secret, and which gives its user or owner an opportunity
to obtain business advantage over competitors who do not know it or use it,
except that the disclosures required by 18 V.S.A. § 4632 shall not be included
in are not exempt under this subdivision;
- 1811 -
* * * Transportation and Motor Vehicle-Related Exemptions * * *
Sec. 27.
23 V.S.A. § 707 is amended to read:
§ 707.
RECORDS REQUIRED; MAINTENANCE OF VEHICLES
Every driver’s training school licensee shall keep a record on such forms as
the commissioner Commissioner may prescribe showing the name and address
of each instructor, the instruction license number of such instructor, the
particular type of instruction given and how much time was given to each type
of instruction, and such other information as the commissioner Commissioner
may require.
Such record shall be open to the inspection of the department
Department at all reasonable times but shall be for the confidential use of the
department.
Individually identifying information about students may be
exempt from public inspection and copying under 1 V.S.A. § 317(c)(7).
Every
driver’s training school licensee shall maintain all vehicles used in driver
training in safe mechanical condition at all times.
* * * List of Statutory PRA Exemptions * * *
Sec. 28.
1 V.S.A. § 317(d) is added to read:
(d)
On or before December 1, 2014, the Office of Legislative Council shall
compile a list of all Public Records Act exemptions found in the Vermont
Statutes Annotated.
In compiling the list, the Office of Legislative Council
shall consult with the Attorney General’s office.
The list shall be updated no
less often than every two years, and shall be arranged by subject area, and in
order by title and section number.
The list, and any updates thereto, shall be
posted on the websites of the General Assembly, the Secretary of State’s
Office, the Attorney General’s Office, and the State Library, and shall be sent
to the Vermont League of Cities and Towns.
* * * Effective Date * * *
Sec. 29.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
Favorable
H. 888
An act relating to approval of amendments to the charter of the Town of
Milton
Rep. Hubert of Milton
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 11-0-0)
- 1812 -
J.R.S. 47
Joint resolution relating to the approval of State land transactions
Rep.
Macaig
of
Williston,
for
the
Committee
on
Corrections
and
Institutions
, recommends that the resolution ought to pass in concurrence.
(Committee Vote: 10-0-1)
(For text see House Journal March 12, 2014 )
Senate Proposal of Amendment
H. 583
An act relating to the charge of the Vermont Child Poverty Council
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.
2007 Acts and Resolves No. 68, Sec. 1 is amended to read:
Sec. 1.
VERMONT CHILD POVERTY COUNCIL
* * *
(b)(1) The council Council shall consist of the following members or their
designees:
(A)
the president pro tempore of the senate President Pro Tempore of
the Senate;
(B)
the speaker of the house of representatives Speaker of the House
of Representatives;
(C)
the chair of the senate committee on health and welfare Chair of
the Senate Committee on Health and Welfare;
(D)
the chair of the house committee on human services Chair of the
House Committee on Human Services;
(E)
the chair of the senate committee on education Chair of the
Senate Committee on Education;
(F)
the chair of the house committee on education Chair of the House
Committee on Education;
(G)
the commissioners of the departments for children and families;
of health; of education; and of labor Commissioners for Children and Families;
of Health; and of Labor;
and the Secretaries of Human Services and of
Education; and
(H)
one representative each from Voices for Vermont’s Children, the
- 1813 -
Vermont low income advocacy council Low Income Advocacy Council,
Vermont
Legal
Aid,
and
the
Vermont
superintendents’
association
Superintendents’ Association.
* * *
(3) The council Council shall meet up to six times while the general
assembly General Assembly is not in session to perform its functions under
this section.
In addition, during the 2007 legislative interim, the council shall
hold 14 public hearings as required under subsection (d) of this section.
The
Council may meet an unlimited number of times during the legislative session,
but legislative Council
members
shall
not
receive
compensation
and
reimbursement for expenses pursuant to subsection (e) of this section for
participation in meetings during the legislative session.
(e) Funds from private and public sources may be accepted and utilized by
the council Council to develop and implement the plan and provisions of this
section. Legislative For participation in meetings during the legislative
interim, legislative members of the committee Council shall be entitled to
compensation and reimbursement for expenses under section 406 of Title 2
2 V.S.A. § 406. All other members not receiving compensation for service on
the committee from another source are entitled to compensation under section
1010 of Title 32. Nonlegislative members who are not otherwise compensated
and reimbursed for their participation on the Council shall be entitled to
receive compensation and reimbursement of expenses under 32 V.S.A. § 1010.
* * *
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal February 21, 2014 )
H. 676
An act relating to regulation of land uses within flood hazard areas
The Senate proposes to the House to amend the bill as follows:
In Sec. 1, 10 V.S.A. § 754, in subsection (f), after the phrase ―flood hazard
area,‖ by inserting the words or river corridor and after the words ―chapter
117‖ by inserting the words or commence construction of a State-owned and –
operated institution or facility located within a flood hazard area or river
corridor,
(For text see House Journal 2/20/2014 )
- 1814 -
NOTICE CALENDAR
Favorable with Amendment
H. 552
An act relating to raising the Vermont minimum wage
Rep. O'Sullivan of Burlington,
for the Committee on
General, Housing
and Military Affairs,
recommends the bill be amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
21 V.S.A. § 384 is amended to read:
§ 384.
EMPLOYMENT; WAGES
(a)
An employer shall not employ an any employee at a rate of less than
$7.25, $10.10, and, beginning January 1, 2007, 2016 and on each subsequent
January 1, the minimum wage rate shall be increased by five percent or
the percentage increase of the Consumer Price Index, CPI-U, U.S. city
average, not seasonally adjusted, or successor index, as calculated by the
U.S. Department of Labor or successor agency for the 12 months preceding the
previous September 1, whichever is smaller, but in no event shall the minimum
wage be decreased.
The minimum wage shall be rounded off to the nearest
$0.01.
An employer in the hotel, motel, tourist place, and restaurant industry
shall not employ a service or tipped employee at a basic wage rate less than
$3.65 an hour, and beginning January 1, 2008, and on each January 1
thereafter, this basic tip wage rate shall be increased at the same percentage
rate as the minimum wage rate one-half the minimum wage.
For the purposes
of As used in this subsection, ―a service or tipped employee‖ means an
employee of a hotel, motel, tourist place, or restaurant who customarily and
regularly receives more than $120.00 per month in tips for direct and personal
customer service.
If the minimum wage rate established by the United States
U.S. government is greater than the rate established for Vermont for any year,
the minimum wage rate for that year shall be the rate established by the United
States U.S. government.
* * *
Sec. 2.
MINIMUM WAGE STUDY
On or before January 15, 2016, the Joint Fiscal Office shall submit a report
to the General Assembly detailing the impact that raising the minimum wage
to the livable wage would have on:
(1)
low-wage working Vermonters;
(2)
Vermont businesses and jobs;
- 1815 -
(3)
State and federal benefits; and
(4)
Vermont’s economy as a whole.
Sec. 3.
EFFECTIVE DATES
(a)
This section and Sec. 2 shall take effect on passage.
(b)
Sec. 1 shall take effect on January 1, 2015.
( Committee Vote: 6-2-0)
Rep. Keenan of St. Albans City,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
General, Housing and Military Affairs.
(Committee Vote: 7-4-0)
S. 314
An act relating to miscellaneous amendments to laws related to motor
vehicles
Rep. Brennan of Colchester,
for the Committee on
Transportation,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
* * * Nondriver Identification Cards * * *
Sec. 1.
23 V.S.A. § 115 is amended to read:
§ 115.
NONDRIVER IDENTIFICATION CARDS
(a)
Any Vermont resident may make application to the Commissioner and
be issued an identification card which is attested by the Commissioner as to
true name, correct age, residential address unless the listing of another address
is requested by the applicant or is otherwise authorized by law, and any other
identifying data as the Commissioner may require which shall include, in the
case of minor applicants, the written consent of the applicant’s parent,
guardian, or other person standing in loco parentis.
Every application for an
identification card shall be signed by the applicant and shall contain such
evidence of age and identity as the Commissioner may require, consistent with
subsection (l) of this section.
New and renewal application forms shall include
a space for the applicant to request that a ―veteran‖ designation by placed on
his or her identification card.
If a veteran, as defined in 38 U.S.C. § 101(2),
requests
a
veteran
designation
and
provides
a
Department
of
Defense
Form 214 or other proof of veteran status specified by the Commissioner, and
the Office of Veterans Affairs confirms his or her status as an honorably
discharged veteran or a veteran discharged under honorable conditions, the
identification
card
shall
include
the
term
―veteran‖
on
its
face.
The
- 1816 -
Commissioner shall require payment of a fee of $20.00 at the time application
for an identification card is made, except that an initial nondriver identification
card shall be issued at no charge to a person who surrenders his or her license
in connection with a suspension or revocation under subsection 636(b) of this
title due to a physical or mental condition.
(b)
Except as provided in subsection (l) of this section, every Every
identification card shall expire, unless earlier canceled, on the fourth birthday
of the applicant following the date of original issue, and may be renewed every
four years upon payment of a $20.00 fee.
At least 30 days before an
identification card will expire, the Commissioner shall mail first class to the
cardholder an application to renew the identification card.
* * *
(l)(1)
The Commissioner shall issue identification cards to Vermont
residents who are not U.S. citizens but are able to establish lawful presence in
the United States if an applicant follows the procedures and furnishes
documents as required under subsection 603(d) of this title and any policies or
rules adopted thereunder, and otherwise satisfies the requirements of this
section.
The identification cards shall expire consistent with subsection 603(d)
of this title.
* * *
(4)
A
non-REAL
ID
compliant
identification
card
issued
under
subdivision (2) or (3) of this subsection shall:
(A)
bear on its face text indicating that it is not valid for federal
identification or official purposes; and
(B)
expire at midnight on the eve of the second birthday of the
applicant following the date of issuance.
* * * Vehicles Eligible to Display Vanity Plates * * *
Sec. 2.
23 V.S.A. § 304(b) is amended to read:
(b)
The authority to issue vanity motor vehicle number plates or special
number plates for safety organizations and service organizations shall reside
with the Commissioner.
Determination of compliance with the criteria
contained in this section shall be within the discretion of the Commissioner.
Series of number plates for safety and service organizations which are
authorized by the Commissioner shall be issued in order of approval, subject to
the
operating
considerations
in
the
Department
as
determined
by
the
Commissioner.
The Commissioner shall issue vanity and special organization
number plates in the following manner:
- 1817 -
(1)
Vanity plates.
Subject to the restrictions of this section, vanity plates
shall be issued at the request of the registrant of a motor vehicle registered at
the pleasure car rate or of a truck registered for less than 26,001 pounds (but
excluding trucks unless the vehicle is registered under the International
Registration Plan), upon application and upon payment of an annual fee of
$45.00 in addition to the annual fee for registration.
The Commissioner shall
not issue two sets of plates bearing the same initials or letters unless the plates
also
contain
a
distinguishing
number.
Vanity
plates
are
subject
to
reassignment if not renewed within 60 days of expiration of the registration.
* * *
(c)
The Commissioner shall issue registration numbers 101 through 9999,
which shall be known as reserved registration numbers, for pleasure cars or,
motor trucks that are registered at the pleasure car rate, and motorcycles in the
following manner:
(1)
A person holding a reserved registration number between 101 and
9999 may retain the number for the ensuing registration period, provided
application is made prior to or within at least 60 days of the prior to expiration
of the registration.
(2)
If the registrant does not renew the registration, the number may be
reassigned to a member of the immediate family if application is made within
at least 60 days of the prior to expiration of the registration.
As used herein,
―immediate family‖ means the spouse, household member, grandparents,
parents, siblings, children, or grandchildren of the registrant.
(3)
The Commissioner shall restrict the issuance of these registrations to
residents of this State and may restrict issuance to applicants who do not
already have such a registration issued to them.
(4)
A person holding a reserved registration number between 101 and
9999 on a pleasure car may also have the same number on a, a truck that is
registered at the pleasure car rate, and vice versa or a motorcycle may be
issued the same reserved registration number for the other authorized vehicle
types, provided that the person receives no more than one such plate or set of
plates for each authorized vehicle type.
* * *
* * * Registration Validation Stickers; Proof of Temporary Registration * * *
Sec. 3.
23 V.S.A. § 305 is amended to read:
§ 305.
REGISTRATION PERIODS
(a)
The
Commissioner
of
Motor
Vehicles
shall
issue
registration
- 1818 -
certificates, validation stickers, and number plates upon initial registration, and
registration certificates and validation stickers for the each succeeding renewal
period of registration, upon payment of the registration fee.
Except as
otherwise provided, number Number plates so issued will become void one
year from the first day of the month following the month of issue unless a
longer initial registration period is authorized by law, or unless this period is
extended through renewal.
Registrations issued for motor trucks shall become
void one year from the first day of the month following the month of issue.
The fees for annual special excess weight permits issued to these vehicles
pursuant to section 1392 of this title shall be prorated so as to coincide with
registration expiration dates.
(b)
The Commissioner of Motor Vehicles shall issue a registration
certificate, validation sticker, and number plates for each motor vehicle owned
by the State, that shall be valid for a period of five years.
Such motor vehicle
shall be considered as properly registered while the plates so issued are
attached thereto.
The Commissioner may replace such number plates when in
his or her discretion their condition requires.
(c)
The Commissioner may issue number plates to be used for a period of
two or more years.
One validating sticker shall be issued by the Department of
Motor Vehicles upon payment of the registration fee for the second and each
succeeding year the plate is used.
Except as otherwise provided in subsection
(d) of this section, no plate is valid for the second and succeeding years unless
the validation sticker is affixed to the rear plate in the manner prescribed by the
Commissioner in section 511 of this title.
(d)
When a registration for a motor vehicle, snowmobile, motorboat, or
all-terrain vehicle is processed electronically, a receipt shall be available
electronically and for printing.
The An electronic or printed receipt shall serve
as a temporary registration.
To be valid, the temporary registration shall be in
the possession of the operator at all times, and it shall expire for ten days after
the date of the transaction.
An electronic receipt may be shown to an
enforcement officer using a portable electronic device.
Use of a portable
electronic device to display the receipt does not in itself constitute consent for
an officer to access other contents of the device.
Sec. 4.
23 V.S.A. § 511 is amended to read:
§ 511.
MANNER OF DISPLAY
(a)
A motor vehicle operated on any highway shall have displayed in a
conspicuous place either one or two number plates as the commissioner of
motor vehicles Commissioner may require.
Such number plates shall be
furnished by the commissioner of motor vehicles, showing Commissioner and
- 1819 -
shall
show the
number
assigned
to
such
vehicle
by
the commissioner
Commissioner.
If only one number plate is furnished, the same shall be
securely attached to the rear of the vehicle.
If two are furnished, one shall be
securely attached to the rear and one to the front of the vehicle.
The number
plates shall be kept entirely unobscured, and the numerals and the letters
thereon shall be plainly legible at all times.
They shall be kept horizontal, shall
be so fastened as not to swing, excepting however, there may be installed on a
motor truck or truck tractor a device which would, upon contact with a
substantial object, permit the rear number plate to swing toward the front of the
vehicle, provided such device automatically returns the number plate to its
original rigid position after contact is released, and the ground clearance of the
lower edges thereof shall be established by the commissioner Commissioner
pursuant to the provisions of 3 V.S.A. chapter 25 of Title 3.
(b)
A registration validation sticker shall be unobstructed, and shall be
affixed as follows:
(1)
for
vehicles
issued
registration
plates
with
dimensions
of
approximately 12 × 6 inches, in the lower right corner of the rear registration
plate; and
(2)
for vehicles issued a registration plate with a dimension of
approximately 7 × 4 inches, in the upper right corner of the rear registration
plate.
(c)
A person shall not operate a motor vehicle unless number plates and a
validation sticker are displayed as provided in this section.
* * * Reciprocal Recognition of Learner’s Permits * * *
Sec. 5.
23 V.S.A. § 411 is amended to read:
§ 411.
RECIPROCAL PROVISIONS
As determined by the commissioner of motor vehicles Commissioner, a
motor vehicle owned by a nonresident, shall be considered as registered and a
nonresident operator shall be considered as licensed or permitted in this state,
State if the nonresident owner or operator has complied with the laws of the
foreign country or state of his or her residence relative to the registration of
motor vehicles and the granting of operators’ licenses or learner’s permits.
Any exemptions provided in this section shall, however, be operative as to an
owner or operator of a motor vehicle only to the extent that under the laws of
the foreign country or state of his residence like exemptions and privileges are
granted to operators duly licensed or permitted and to owners of motor
vehicles duly registered under the laws of this state State.
If the owner or
operator is a resident of a country not adjoining the United States, such
- 1820 -
exemptions shall be operative for a period of 30 days for vacation purposes,
notwithstanding that such country does not grant like privileges to residents of
this state State.
Such exemptions shall not be operative as to the owner of a
motor truck used for the transportation of property for hire or profit between
points within the state State or to the owner of any motor vehicle carrying an
auxiliary fuel tank or tanks providing an additional supply of motor fuel over
and above that provided in the standard equipment of such vehicle.
Sec. 6.
23 V.S.A. § 615 is amended to read:
§ 615.
UNLICENSED OPERATORS
(a)(1)
An unlicensed person 15 years of age or older may operate a motor
vehicle if he or she possesses a valid learner’s permit issued to him or her by
the Commissioner, or by another jurisdiction in accordance with section 411 of
this title, and if his or her licensed parent or guardian, licensed or certified
driver education instructor, or licensed person at least 25 years of age rides
beside him or her.
Nothing in this section shall be construed to permit a person
against whom a revocation or suspension of license is in force, or a person less
younger than 15 years of age, or a person who has been refused a license by
the Commissioner to operate a motor vehicle.
* * * Out-of-state Junior Operators * * *
Sec. 7.
23 V.S.A. § 614 is amended to read:
§ 614.
RIGHTS UNDER LICENSE
* * *
(b)
A junior operator’s license shall entitle the holder to operate a
registered motor vehicle with the consent of the owner, but shall not entitle
him or her to operate a motor vehicle in the course of his or her employment or
for direct or indirect compensation for one year following issuance of the
license, except that the holder may operate a farm tractor with or without
compensation upon a public highway in going to and from different parts of a
farm of the tractor’s owner or to go to any repair shop for repair purposes.
A
junior operator’s license shall not entitle the holder to carry passengers for hire.
(c)
During the first three months of operation, the holder of a junior
operator’s license is restricted to driving alone or with a licensed parent or
guardian, licensed or certified driver education instructor, or licensed person at
least 25 years of age.
During the following three months, a junior operator
may additionally transport family members.
No person operating with a junior
operator’s license shall transport more passengers than there are safety belts
unless he or she is operating a vehicle that has not been manufactured with a
federally approved safety belt system.
A person convicted of operating a
- 1821 -
motor vehicle in violation of this subsection shall be subject to a penalty of not
more than $50.00, and his or her license shall be recalled for a period of
90 days.
The provisions of this subsection may be enforced only if a law
enforcement officer has detained the operator for a suspected violation of
another traffic offense.
(d)
A nonresident under 18 years of age who is privileged to operate on
Vermont highways under section 411 of this title shall be subject to the
restrictions of subsections (b) and (c) of this section.
* * * Driving Privilege Cards * * *
Sec. 8.
23 V.S.A. § 603(h) is amended to read:
(h)
A privilege card issued under this section shall:
* * *
(2)
expire at midnight on the eve of the second birthday of the applicant
following the date of issuance or, at the option of an applicant for an operator’s
privilege card and upon payment of the required four-year fee, at midnight on
the eve of the fourth birthday of the applicant following the date of issuance.
Sec. 9.
23 V.S.A. § 608 is amended to read:
§ 608.
FEES
(a)
The four-year fee required to be paid the Commissioner for licensing an
operator of motor vehicles or for issuing an operator’s privilege card shall be
$48.00.
The two-year fee required to be paid the Commissioner for licensing
an operator or for issuing an operator’s privilege card shall be $30.00 and the
two-year fee for licensing a junior operator or for issuing a junior operator’s
privilege card shall be $30.00.
Sec. 10.
CREDIT FOR PRICE PREMIUM OF TWO-YEAR PRIVILEGE
CARDS; SUBSTITUTION OF PRIVILEGE CARDS FOR
LICENSES AND PERMITS
(a)
If a person issued a two-year operator’s privilege card from January 1,
2014
to
June
30,
2014
applies
and
qualifies
for
a
four-year
REAL
ID-compliant operator’s license or a four-year operator’s privilege card upon
expiration of the two-year privilege card, he or she shall be entitled upon
request to a credit of $6.00 toward the fee of the four-year operator’s license or
four-year operator’s privilege card.
(b)
If a person issued a two-year operator’s privilege card from January 1,
2014
to
June
30,
2014
applies and
qualifies
for
a
four-year
REAL
ID-compliant operator’s license prior to expiration of his or her privilege card,
- 1822 -
the Department of Motor Vehicles shall issue him or her the four-year REAL
ID-compliant
license
at
a
charge
of
$18.00.
The
four-year REAL-ID
compliant license shall expire at midnight on the eve of the fourth birthday of
the applicant following the date of issuance of the privilege card.
(c)(1)
If a person issued a two-year operator’s privilege card, junior
operator’s privilege card, or learner’s privilege card from January 1, 2014 to
December 31, 2015 applies and qualifies for a two-year REAL ID-compliant
operator’s license, junior operator’s license, or learner’s permit prior to
expiration of his or her privilege card, the Department of Motor Vehicles shall
issue the applicant at no charge a REAL ID-compliant license or permit that
expires on the same date as the applicant’s privilege card.
(2)
If a person issued a four-year operator’s privilege card from July 1,
2014 to December 31, 2015 applies and qualifies for a four-year REAL
ID-compliant operator’s license prior to expiration of his or her privilege card,
the
Department
of
Motor
Vehicles
shall
issue
at
no
charge
a
REAL
ID-compliant
license
that
expires
on
the
same
date
as
the
applicant’s
privilege card.
* * * Driver’s Training School Licensees * * *
Sec. 11.
23 V.S.A. § 704 is amended to read:
§ 704.
QUALIFICATIONS FOR TRAINING SCHOOL LICENSE
Each applicant in order to To qualify for a driver’s training school license,
each new and renewal applicant shall meet the following requirements:
* * *
(3)
provide evidence that he or she maintains maintain bodily injury and
property damage liability insurance on each motor vehicle being used in driver
training, insuring the liability of the driver training school and the operator of
each motor vehicle for each instructor and of any person while using any such
motor vehicle with the permission of the named insured in at least the
following amount:
$300,000.00 for bodily injury or death of one person in any
one accident and, subject to said limit for one person, $500,000.00 for bodily
injury or death of two or more persons in any one accident, and $100,000.00
for damage to property of others in any one accident.
Evidence of such
insurance coverage shall be in the form of a certificate from an insurance
company authorized to do business in this state filed with the commissioner
setting forth the amount of coverage and providing that the policy of insurance
shall be noncancelable except after 15 days’ written notice to the commissioner
A carrier who insures an applicant under this subdivision shall provide the
Commissioner and the insured with proof of insurance at the beginning of each
- 1823 -
policy period.
A cancellation or nonrenewal of such insurance may take effect
only after notice to the Commissioner and the insured at least 15 days prior to
the cancellation or nonrenewal.
* * *
* * * Definition of Business Day or Working Day * * *
Sec. 12.
23 V.S.A. § 4 is amended to read:
§ 4.
DEFINITIONS
Except as may be otherwise provided herein, and unless the context
otherwise requires in statutes relating to motor vehicles and enforcement of the
law regulating vehicles, as provided in this title and 20 V.S.A. part 5, the
following definitions shall apply:
* * *
(83)
―Business day‖ or ―working day‖ means any calendar day except
Saturday, Sunday, or any day classified as a holiday under 1 V.S.A. § 371.
* * * Proof of Financial Responsibility * * *
Sec. 13.
23 V.S.A. § 800 is amended to read:
§ 800.
MAINTENANCE OF FINANCIAL RESPONSIBILITY
(a)
No owner of a motor vehicle required to be registered, or operator
required to be licensed or issued a learner’s permit, shall operate or permit the
operation of the vehicle upon the highways of the State without having in
effect an automobile liability policy or bond in the amounts of at least
$25,000.00 for one person and $50,000.00 for two or more persons killed or
injured and $10,000.00 for damages to property in any one accident crash.
In
lieu thereof, evidence of self-insurance in the amount of $115,000.00 must be
filed with the Commissioner of Motor Vehicles, and shall be maintained and
evidenced in a form prescribed by the Commissioner.
The Commissioner may
require that evidence of financial responsibility be produced before motor
vehicle inspections are performed pursuant to the requirements of section 1222
of this title.
(b)
A person who violates subsection (a) of this section shall be assessed a
civil penalty of not more than $500.00, and such violation shall be a traffic
violation within the meaning of chapter 24 of this title.
(c)
Every operator of a vehicle required to be registered shall have proof of
financial responsibility as required by subsection (a) of this section when
operating such vehicle on the highways of this State.
A person may prove
financial responsibility using a portable electronic device; however, use of a
- 1824 -
device for this purpose does not in itself constitute consent for an enforcement
officer to access other contents of the device.
An operator cited for violating
this subsection shall not be convicted if he or she sends or produces to the
issuing enforcement agency within seven business days of the traffic stop proof
of financial responsibility that was in effect at the time of the traffic stop.
(d)
A person who violates subsection (c) of this section shall be subject to a
fine of not more than $100.00.
* * * Possession of License Certificate; Grace Period * * *
Sec. 14.
23 V.S.A. § 611 is amended to read:
§ 611.
POSSESSION OF LICENSE CERTIFICATE
Every licensee shall have his or her operator’s license certificate in his or
her immediate possession at all times when operating a motor vehicle.
However, no a person charged cited with violating this section or section 610
of this title shall not be convicted if he or she sends a copy of or produces in
court or to the enforcement officer to the issuing enforcement agency within
seven business days of the traffic stop an operator’s license certificate
theretofore issued to him or her which, at the time of his or her citation, that
was valid or had expired within the prior 14 days prior to the traffic stop.
* * * Out-of-State Fuel User’s License; Repeal * * *
Sec. 15.
23 V.S.A. § 415 is amended to read:
§ 415.
NONDIESEL FUEL USER’S LICENSE
* * *
(c)
In addition to any other provision of law relating to registration of
motor vehicles, or fees paid for registration, a person owning or operating upon
the highways of this state a motor truck with a gross weight of 18,000 pounds
or over, powered by gasoline or other nondiesel fuel and not base registered in
this state, shall apply to the commissioner for a nondiesel fuel user’s license
for each motor truck to be so operated.
Application shall be made upon a form
prescribed by the commissioner and shall set forth such information as he or
she may require.
The application shall be accompanied by a license fee of
$6.50 for each motor truck listed in the application, the fee being for the
purpose of paying the cost of issuing the license, cab card and sticker.
The
commissioner shall issue a license, cab card and identification tag, plate, or
sticker for each motor truck, which tag, plate or sticker shall be of the size and
design and contain such information as the commissioner shall prescribe.
Except as otherwise provided, any license, cab card and tag, plate or sticker
shall become void on January 1 next following the date of issue or, when
determined by the commissioner, 12 months from the first day of the month of
- 1825 -
issue.
Licenses and cab cards shall be carried in the motor truck and the tag,
plate or sticker shall be affixed to the motor truck and at all times be visible
and legible.
For emergency purposes, the commissioner may by telegram,
identifying the motor truck, authorize its operation without the attachment of a
tag, plate or sticker for a period not to exceed 21 days from the date of issue of
the license.
The telegram must be kept with the truck while being so operated.
This section shall not apply to motor trucks owned by federal, state, provincial,
or municipal governments.
[Repealed.]
* * *
Sec. 16.
23 V.S.A. § 3007 is amended to read:
§ 3007.
DIESEL FUEL USER’S LICENSE
(a)
In addition to any other provision of law relating to registration of
motor vehicles, or fees paid therefore, a person owning or operating upon the
highways of the state State a motor truck, which that is registered in the state,
using State and uses fuel as defined in section 3002 of this title, shall, for each
motor truck to be so operated, apply to the commissioner Commissioner for a
diesel fuel user license, which shall be renewed at the time of renewal of the
truck’s registration.
Application shall be made upon a form prescribed by such
commissioner the Commissioner and shall set forth such information as the
commissioner Commissioner may require.
Applications filed at the time of the
initial registration or renewal of a registration shall be accompanied by a $6.50
annual license fee for each motor truck listed in the application, except that no
fee shall be required for motor trucks with a gross weight of less than 26,001
pounds.
(b)
In addition to any other provisions of law relating to registration of
motor vehicles, or fees paid for registration, a person owning or operating upon
the highways of the state a motor truck which is not base registered in this
state, using fuel as defined in section 3002 of this title shall for each such
motor
truck
apply
to
the
commissioner
for
a
diesel
fuel
user
license.
Application shall be made upon a form prescribed by the commissioner and
shall set forth such information as the commissioner may require.
Except for
motor trucks with a gross weight of less than 26,001 pounds, and vehicles
licensed under section 415 of this title, the application for issuance of initial
and renewal licenses shall be accompanied by a $6.50 license fee for each
motor truck listed in the application, the fee being for the cost of the license,
cab card and tag, plate or sticker.
The commissioner shall issue a license, cab
card and an identification tag, plate or sticker for each motor truck which tag,
plate or sticker shall be of the size and design and contain such information as
the commissioner shall prescribe.
Except as otherwise provided any license,
cab card and tag, plate or sticker shall become void on each January 1
- 1826 -
thereafter or, when determined by the commissioner, 12 months from the first
day of the month of issue. Licenses and cab cards shall be carried in the motor
vehicle and the tag, plate or sticker shall be affixed to the motor vehicle and at
all times be visible and legible.
[Repealed.]
(c)
This section shall not apply to users’ vehicles exempt from reporting
requirements under section 3014 of this title or to users’ vehicles exempt from
taxation under subdivisions subdivision 3003(d)(3) and (5)(1)(C) of this title,
or to users’ vehicles that are being operated under the provisions of sections
section 463 or 516 of this title.
* * * Total Abstinence; Out-of-State Applicants * * *
Sec. 17.
23 V.S.A. § 1209a(b) is amended to read:
(b)
Abstinence.
(1)
Notwithstanding any other provision of this subchapter, a person
whose license has been suspended for life under this subchapter may apply to
the Driver Rehabilitation School Director and to the Commissioner for
reinstatement of his or her driving privilege.
The person shall have completed
three years of total abstinence from consumption of alcohol or drugs, or both.
The beginning date for the period of abstinence shall be no sooner than the
effective
date
of
the
suspension
from
which
the
person
is
requesting
reinstatement and shall not include any period during which the person is
serving a sentence of incarceration to include furlough.
The application to the
Commissioner shall be accompanied by a fee of $500.00.
The Commissioner
shall have the discretion to waive the application fee if the Commissioner
determines that payment of the fee would present a hardship to the applicant.
(2)
If the Commissioner, or a medical review board convened by the
Commissioner, is satisfied by a preponderance of the evidence that the
applicant
has
abstained
for
the
required
number
of
years
immediately
preceding the application and hearing, has successfully completed a therapy
program as required under this section, and the person appreciates that he or
she cannot drink any amount of alcohol and drive safely, the person’s license
shall be reinstated immediately, subject to the condition that the person’s
suspension will be put back in effect in the event any further investigation
reveals a return to the consumption of alcohol or drugs and to such additional
conditions as the Commissioner may impose and, if the person has not
previously operated for three years under an ignition interlock RDL, subject to
the additional condition that the person shall operate under an ignition
interlock restricted driver’s license for a period of at least one year following
reinstatement under this subsection.
However, the Commissioner may waive
this one-year requirement to operate under an ignition interlock restricted
- 1827 -
driver’s
license
if
the
person
furnishes
proof
as
prescribed
by
the
Commissioner that he or she is incapable of using an ignition interlock device
because of a medical condition that will persist permanently or at least for
one year.
* * *
(5)
A person shall be eligible for reinstatement under this subsection
only once following a suspension for life.
(6)(A)
If an applicant for reinstatement under this subsection resides in a
jurisdiction other than Vermont, the Commissioner may elect not to conduct an
investigation.
If the Commissioner elects not to conduct an investigation, he or
she shall provide a letter to the applicant’s jurisdiction of residence stating that
Vermont does not object to the jurisdiction issuing the applicant a license if the
applicant is authorized to operate only vehicles equipped with an ignition
interlock device and is required to complete any alcohol rehabilitation or
treatment requirements of the licensing jurisdiction.
(B)
If the applicant’s jurisdiction of residence is prepared to issue or
has issued a license in accordance with subdivision (A) of this subdivision (6)
and the applicant satisfies the requirements of section 675 of this title, the
Commissioner shall update relevant State and federal databases to reflect that
the applicant’s lifetime suspension or revocation in Vermont under chapter 13,
subchapter 13 of this title has terminated.
* * * Single Trip Permits * * *
Sec. 18.
23 V.S.A. § 1400 is amended to read:
§ 1400.
PERMIT TO OPERATE IN EXCESS OF WEIGHT AND SIZE
LIMITS; STATE HIGHWAYS
(a)
A person or corporation owning or operating a traction engine, tractor,
trailer, motor truck, or other motor vehicle that desires to operate it over state
State highways or class 1 town highways in excess of the weight and size
limits provided by this subchapter shall make application for such a permit to
the commissioner of motor vehicles apply to the Commissioner for a permit.
In
his
or
her
discretion,
with
or
without
hearing,
the commissioner
Commissioner may issue to the person or corporation a permit authorizing the
person to operate the traction engine, tractor, trailer, motor truck, or other
motor vehicle upon state State highways and class 1 town highways as he or
she may designate and containing the regulation subject to which the traction
engine, tractor, trailer, motor truck, or other motor vehicle is to be operated.
The permit shall not be granted until satisfactory proof is furnished to the
commissioner Commissioner that the traction engine, tractor, trailer, motor
- 1828 -
truck, or other motor vehicle has been registered and the prescribed fee paid
for a gross weight equal to a maximum legal load limit for its class.
No
additional registration fee shall be payable to authorize the use of the traction
engine, tractor, trailer, motor truck, or other motor vehicle in accordance with
the terms of the permit.
The approval may be given for a limited or unlimited
length of time, may be withdrawn for cause, and may be withdrawn without
cause any time after March 31 next following the date of issuance.
When
approval is withdrawn for cause or on March 31, the commissioner of motor
vehicles Commissioner shall forthwith revoke the permit; when approval is
withdrawn otherwise he or she shall revoke the permit within one month.
* * *
Sec. 19.
23 V.S.A. § 1402 is amended to read:
§ 1402.
OVERWEIGHT, WIDTH, HEIGHT, AND LENGTH PERMITS;
FEES
(a)
Overweight, overwidth, indivisible overlength, and overheight permits.
Overweight, overwidth, indivisible overlength, and overheight permits shall be
signed by the Commissioner or by his or her agent and a copy shall be kept in
the
Office
of
the
Commissioner
or
in
a
location
approved
by
the
Commissioner.
Except as provided in subsection (c) of this section, a copy
shall also be available in the towing vehicle and must be available for
inspection on demand of a law enforcement officer.
Before operating a
traction engine, tractor, trailer, motor truck, or other motor vehicle, the person
to whom a permit to operate in excess of the weight, width, indivisible
overlength, and height limits established by this title is granted shall pay a fee
of $35.00 for each single trip permit or $100.00 for a blanket permit, except
that the fee for a fleet blanket permit shall be $100.00 for the first unit and
$5.00 for each unit thereafter.
At the option of a carrier, an annual permit for
the entire fleet, to operate over any approved route, may be obtained for
$100.00 for the first tractor and $5.00 for each additional tractor, up to a
maximum fee of $1,000.00.
The fee for a fleet permit shall be based on the
entire number of tractors owned by the applicant.
An applicant for a fleet
permit may apply for any number of specific routes, each of which shall be
reviewed with regard to the characteristics of the route and the type of
equipment operated by the applicant.
When the weight or size of the
vehicle-load are considered sufficiently excessive for the routing requested, the
Agency of Transportation shall, on request of the Commissioner, conduct an
engineering inspection of the vehicle-load and route, for which a fee of
$300.00 will be added to the cost of the permit if the load is a manufactured
home.
For all other loads of any size or with gross weight limits less than
150,000 pounds, the fee shall be $800.00 for any engineering inspection that
- 1829 -
requires up to eight hours to conduct.
If the inspection requires more than
eight hours to conduct, the fee shall be $800.00 plus $60.00 per hour for each
additional hour required.
If the vehicle and load weigh 150,000 pounds or
more but not more than 200,000 pounds, the engineering inspection fee shall
be $2,000.00.
If the vehicle and load weigh more than 200,000 pounds but not
more than 250,000 pounds, the engineering inspection fee shall be $5,000.00.
If the vehicle and load weigh more than 250,000 pounds, the engineering
inspection fee shall be $10,000.00.
The study must be completed prior to the
permit being issued.
Prior to the issuance of a permit, an applicant whose
vehicle weighs 150,000 pounds or more, or is 15 or more feet in width or
height, shall file with the Commissioner a special certificate of insurance
showing minimum coverage of $250,000.00 for death or injury to one person,
$500,000.00 for death or injury to two or more persons, and $250,000.00 for
property damage, all arising out of any one accident crash.
(b)
Overlength permits.
Except as provided in subsections 1432(c) and (e)
of this title, it shall be necessary to obtain an overlength permit as follows:
(1)
For vehicles with a trailer or semitrailer longer than 75 feet
anywhere in the State on highways approved by the Agency of Transportation.
In such cases, the vehicle may be operated with a single trip overlength permit
issued by the Department of Motor Vehicles for a fee of $25.00.
If the vehicle
is 100 feet or more in length, the permit applicant shall file with the
Commissioner of Motor Vehicles, a special certificate of insurance showing
minimum
coverage
of
$250,000.00
for
death
or
injury
to
one
person,
$500,000.00 for death or injury to two or more persons, and $250,000.00 for
property damage, all arising out of any one accident crash.
(2)
Notwithstanding the provisions of this section, the Agency of
Transportation may erect signs at those locations where it would be unsafe to
operate vehicles in excess of 68 feet in length.
* * *
(d)
Permit
for
shipment
of
mobile
or
manufactured
homes.
The
Commissioner may from time to time designate a specific route as being
pre-approved for the shipment of mobile or manufactured homes which are
greater than 14 feet but not greater than 16 feet in overall width.
Any person to
whom a permit is issued under subsection (a) of this section, to transport a
mobile or manufactured home which is greater than 14 feet but not greater than
16 feet overall width, over routes that have been pre-approved shall pay in lieu
of the fees established in that subsection, a single trip permit fee of $40.00.
[Repealed.]
* * *
- 1830 -
(f)
A single trip permit issued under this section shall be valid for seven
business days.
* * * Diesel Fuel Sales Reporting * * *
Sec. 20.
23 V.S.A. § 3014(a) is amended to read:
(a)
Every distributor or dealer, on or before the last 25th day of each
month, shall file with the commissioner Commissioner on forms prescribed by
him or her a report for the preceding month which shall include the number of
gallons of fuel sold or delivered.
A distributor’s report shall also include the
identity of the person to whom the fuel was sold or delivered, the amount of
the tax collected and by whom, and the monthly total of fuel sold or delivered.
The report shall be filed even though no fuel was sold or delivered.
* * * Gasoline Distributor Bond Requirement * * *
Sec. 21.
23 V.S.A. § 3102 is amended to read:
§ 3102.
LICENSING AND BONDING OF DISTRIBUTORS
(a)
Before commencing business, on application, a distributor shall first
procure a license from the commissioner of motor vehicles Commissioner
permitting him or her to continue or to engage in business as a distributor.
Before the commissioner Commissioner issues a license, the distributor shall
file with the commissioner Commissioner a surety bond in a sum and form and
with sureties as the commissioner Commissioner may require in for a sum
based on an estimate of the tax liability for a two-month period, but not to
exceed $400,000.00 $700,000.00, conditioned upon the issuance of the report,
and the payment of the tax and, penalties, and fines provided in this
subchapter.
Upon approval of the application and bond, the commissioner
Commissioner shall issue to the distributor a nonassignable license which shall
continue in force until surrendered or revoked.
(b)(1)
The amount of the surety bonds required shall be reviewed annually
in September.
The minimum If the Commissioner retains or reimposes a bond
requirement, the amount required shall be the sum of the highest two months’
payment during the preceding year or $1,000.00, whichever is greater, but in
no case shall it exceed $400,000.00 $700,000.00.
For new licenses, the bond
amount shall be based on an estimate of the tax liability for a two-month
period.
(2)
A distributor may request release or reduction of the bond if the
distributor has complied with all licensing and reporting requirements for at
least the last three consecutive years.
If the Commissioner determines that
release or reduction of the bond will not unreasonably jeopardize State
revenues, the bond shall be released or reduced, notwithstanding subdivision
- 1831 -
(1) of this subsection.
Upon a finding to the contrary, the Commissioner shall
retain the bond.
If a bond is released or reduced under this subdivision, the
Commissioner may reimpose a bond or increase the bond in accordance with
subdivision (1) of this subsection if he or she determines that a material change
in circumstances has occurred and State revenues will be unreasonably
jeopardized without the reimposition or increase.
A distributor aggrieved by a
decision of the Commissioner to retain, reimpose, or increase a bond may
request a hearing, which shall be conducted in accordance with sections
105–107 of this title, and appeals shall be governed by section 3115 of this
chapter.
(c)
The amount of the bonds as established in accordance with subsection
(b) of this section shall be increased whenever the commissioner deems it
necessary to protect the revenues of the state.
In addition Notwithstanding the
limits established in subsection (b) of this section, if payments and reports are
delinquent for more than 10 days for more than one reporting period in a
calendar year, the bond amount shall be increased to be the sum of the tax
liability for the highest four months of the year.
A distributor aggrieved by a
decision of the Commissioner to increase the bond under this subsection may
request a hearing, which shall be conducted in accordance with sections
105–107 of this title, and appeals shall be governed by section 3115 of this
chapter.
* * *
* * * Trails Maintenance Assessments * * *
Sec. 22.
23 V.S.A. § 3202 is amended to read:
§ 3202.
REGISTRATION AND TMA DECAL REQUIRED; EXCEPTIONS
(a)
Registration and decal required.
A person shall not operate a
snowmobile in this State unless it is registered and numbered by the State of
Vermont or another state or province and displays a valid Vermont trails
maintenance assessment (―TMA‖) Trails Maintenance Assessment (TMA)
decal adjacent to the registration decal on the left side of the snowmobile in
accordance with this chapter, except when operated:
(1)
on On the property of the owner of the snowmobile; or.
(2)
off Off the highway, in a ski area while being used for the purpose of
packing snow, or in rescue operations; or.
(3)
for For official use by a federal, state State, or municipal agency and
only if the snowmobile is identified with the name or seal of the agency in a
manner approved by the Commissioner; or.
(4)
solely Solely on privately owned land when the operator has the
- 1832 -
written consent of the owner, or his or her agent, of the property; or.
(5)
on On frozen bodies of water as designated by the Agency of Natural
Resources under the provisions of 10 V.S.A. § 2607.
For purposes of this
subdivision, a snowmobile shall not be required to display a trails maintenance
assessment TMA decal if not operating on a portion of the Statewide
Snowmobile Trail System.
Liability insurance as provided for in subdivision
3206(b)(19) of this title and a valid registration decal are required; or.
(6)
for For emergency use by fire service personnel.
(7)
By a person who possesses a completed TMA form processed
electronically and either printed out or displayed on a portable electronic
device.
The printed or electronic TMA form shall be valid for 10 days after
the electronic transaction.
Use of a portable electronic device to display a
completed TMA form does not in itself constitute consent for an enforcement
officer to access other contents of the device.
* * *
* * * Allocation of Snowmobile Registration Proceeds * * *
Sec. 23.
23 V.S.A. § 3214 is amended to read:
§ 3214.
ALLOCATION OF FEES AND PENALTIES; LIABILITY
INSURANCE; AUTHORITY TO CONTRACT FOR LAW
ENFORCEMENT SERVICES
(a)
The amount of $5.00 from the sale of every resident and nonresident
snowmobile
registration
shall
be
allocated
to
the transportation
fund
Transportation Fund.
The balance of fees and penalties collected under this
subchapter, except interest, shall be remitted to the agency of natural resources
Agency of Natural Resources, which may retain for its use up to $11,500.00
during each fiscal year for the oversight of the state snowmobile trail program
State Snowmobile Trail Program, and the remainder shall be allocated to
VAST for:
(1)
development Development and maintenance of the state snowmobile
trail program State Snowmobile Trail Program (SSTP),.
(2)
procuring Procuring trails’ liability insurance in accordance with
subsection (b) of this section, and.
(3)
contracting Contracting for law enforcement services with any
constable, sheriff’s department, municipal police department, the department
of public safety Department of Public Safety, and or the department of fish and
wildlife for purposes of trail compliance pursuant to Department of Fish and
- 1833 -
Wildlife to ensure compliance with the provisions of this chapter.
The
allocation for snowmobile law enforcement services shall be an amount equal
to
$5.00
from
the
sale
of
every
resident
and
nonresident
snowmobile
registration, and.
If this allocation for law enforcement services is not fully
expended, the unexpended amount carried forward may be used to purchase
capital equipment to aid law enforcement in the provision of services.
VAST
shall be included include proposed spending on law enforcement services and
on capital equipment as a part of the annual expenditure plan required by
section 3215 of this chapter.
The departments of public safety and fish and
wildlife Departments of Public Safety and of Fish and Wildlife are authorized
to contract with VAST to provide these law enforcement services.
* * *
(d)
Any fees and penalties allocated pursuant to subsection (a) of this
section shall not revert but shall be available until spent.
Any accrued interest
shall be deposited in the transportation fund Transportation Fund.
* * * Commercial Motor Vehicles; Serious Traffic Violations * * *
Sec. 24.
23 V.S.A. § 4103(16) is amended to read:
(16)
―Serious traffic violation‖ means a conviction, when operating a
commercial motor vehicle, or, if applicable, when operating a noncommercial
motor vehicle when the conviction results in the revocation, cancellation, or
suspension of the operator’s license or operating privilege, of:
* * *
(J)
using a handheld mobile telephone while driving a commercial
motor vehicle in violation of section 4125 of this chapter.
* * * Commercial Motor Vehicles; Disqualifications * * *
Sec. 25.
23 V.S.A. § 4116(k) is amended to read:
(k)
A person shall be disqualified for a term concurrent with any
disqualification or suspension issued by the administrator of the Federal Motor
Carrier Safety Administration pursuant to 49 C.F.R. § 383.52.
* * * Vermont Strong Plates * * *
Sec. 26.
2012 Acts and Resolves No. 71, Sec. 1, as amended by 2012 Acts and
Resolves No. 143, Sec. 13, is amended to read:
Sec. 1.
VERMONT STRONG MOTOR VEHICLE PLATES
* * *
(c)
Use.
An approved Vermont Strong commemorative plate may be
- 1834 -
displayed on a motor vehicle registered in Vermont as a pleasure car or on a
motor truck registered in Vermont for less than 26,001 pounds (but excluding
vehicles registered under the International Registration Plan) by covering the
front registration plate with the commemorative plate any time from the
effective date of this act until June 30, 2014 2016.
The regular front
registration plate shall not be removed.
The regular rear registration plate shall
be in place and clearly visible at all times.
(d)
Price and allocation of revenue.
The retail price of the plate shall be
$25.00, except that on or after July 1, 2016, plates may be sold by the
Commissioner for $5.00.
Funds received from the sale of plates for $5.00 shall
be allocated to the Department; funds received from the sale of the plates for
$25.00 shall be allocated as follows:
(1)
$5.00 to the department Department;
(2)
$18.00 to the Vermont Disaster Relief Fund; and
(3)
$2.00 to the Vermont Foodbank.
* * *
* * * Nonresident Registration; Repeals * * *
Sec. 27.
REPEAL
The following sections of Title 23 are repealed:
(1)
§ 417 (motor truck trip permits);
(2)
§ 418 (collection of tax; regulations);
(3)
§ 419 (reciprocal agreements for waiver of motor truck permit fees);
(4)
§ 422 (motor bus identification marker).
Sec. 28.
23 V.S.A. § 421 is amended to read:
§ 421.
PENALTIES
(a)
It shall be unlawful for any person:
(1)
to operate a motor truck subject to the provisions of this chapter
upon any public highway in the state State without first obtaining the license,
emergency telegram, or single trip license and tag, plate, or marker required
under section 415 of this title or to so operate without carrying the license,
emergency telegram or single trip license and displaying the tag, plate, or
marker if issued;
(2)
to violate any regulation issued by the commissioner pursuant to the
authority granted hereunder;
[Repealed.]
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(3)
to fail to file any return or report required by said commissioner the
Commissioner; or
(4)
to make a false return or fail to keep records of operations as may be
required by the commissioner; or
(5)
to operate a motor bus subject to the provisions of this chapter upon
any public highway in the state without first obtaining the marker or single trip
permit required under section 422 of this title or to so operate without
displaying said marker or without the single trip permit with the vehicle
Commissioner.
* * *
* * * Dealer Plates * * *
Sec. 29.
23 V.S.A. § 453 is amended to read:
§ 453.
FEES AND NUMBER PLATES
(a)(1)
An application for dealer’s registration shall be accompanied by a fee
of
$370.00
for
each
certificate
issued
in
such
dealer’s
name.
The
Commissioner shall furnish free of charge with each dealer’s registration
certificate five sets of three number plates showing the distinguishing number
assigned such dealer.
In his or her discretion, he or she The Commissioner
may furnish further sets of additional plates at a fee of $40.00 per set according
to the volume of the dealer’s sales in the prior year or, in the case of an initial
registration, according to the dealer’s reasonable estimate of expected sales, as
follows:
(A)
under 20 sales:
0 additional plates;
(B)
20–49 sales:
1 additional plate;
(C)
50–99 sales:
up to 5 additional plates;
(D)
100–249 sales:
up to 12 additional plates;
(E)
250–499 sales:
up to 17 additional plates;
(F)
500–749 sales:
up to 27 additional plates;
(G)
750–999 sales:
up to 37 additional plates;
(H)
1,000–1,499 sales:
up to 47 additional plates;
(I)
1,500 or more:
up to 57 additional plates.
(2)
If the issuance of additional plates is authorized under subdivision
(1) of this subsection, up to two plates shall be provided free of charge, and the
Commissioner shall collect $40.00 for each additional plate thereafter.
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Sec. 30. TRANSITION PROVISION; DEALER PLATES
The Commissioner may enforce compliance with Sec. 29 of this act on a
rolling basis as dealer registrations expire over the 24-month period following
the effective date of Sec. 29 of this act.
Over this 24-month period, upon
receiving the renewal application of a dealer who has been issued plates in
excess of the limits established in 23 V.S.A. § 453(a)(1), the Commissioner
shall require the dealer to return plates that exceed the limits established in
Sec. 31.
MORATORIUM ON ISSUANCE OF DEALER PLATES; REPEAL
(a)
Except for replacement of damaged dealer plates, no dealer registration
plates may be issued under 23 V.S.A. § 453(a) to an existing dealer in addition
to the number of plates already issued to that dealer, unless the dealer would be
eligible for additional plates under 23 V.S.A. § 453(a) as amended by Sec. 29
of this act.
(b)
This section shall be repealed on July 1, 2014.
Sec. 32.
STUDY OF USE OF DEALER PLATES ON TOWING VEHICLES
(a) The Commissioner of Motor Vehicles shall study the use of dealer
plates on towing service vehicles and formulate recommendations as to
whether the existing law authorizing such use should be repealed, amended, or
retained in its existing form.
In conducting this study, the Commissioner shall
review the laws of other jurisdictions and consult with interested persons,
including a cross-section of dealers.
(b)
On or before January 15, 2015, the Commissioner shall report his or her
findings and recommendations to the House and Senate Committees on
Transportation.
* * * Recognition of Licenses Issued by Foreign Jurisdictions * * *
Sec. 33.
23 V.S.A. § 601(a)–(c) are amended to read:
(a)(1)
A resident who intends to operate motor vehicles shall procure a
proper license
Except as otherwise provided by law, a resident shall not
operate a motor vehicle on a highway in Vermont unless he or she holds a
valid license issued by the State of Vermont.
A new resident who has moved
into the State from another jurisdiction with and who holds a valid license to
operate motor vehicles under section 411 of this title shall procure a Vermont
license within 60 days of moving into to the State.
Operators’
Except as
provided in subsection 603(d) of this title, licenses shall not be issued to
nonresidents.
(2)
In addition to any other requirement of law, a nonresident as defined
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in section 4 of this title shall not operate a motor vehicle on a Vermont
highway unless:
(A)
he or she holds a valid license or permit to operate a motor
vehicle issued by another U.S. jurisdiction; or
(B)
he or she holds a valid
license or permit to operate a motor
vehicle from a jurisdiction outside the United States and:
(i)
is 18 or more years of age, is lawfully present in the United
States, and has been in the United States for less than one year;
(ii)
the jurisdiction that issued the license is a party to the 1949
Convention on Road Traffic or the 1943 Convention on the Regulation of
Inter-American Motor Vehicle Traffic; and
(iii)
he or she possesses an international driving permit.
(b)
All operator licenses issued under this chapter shall expire every four
years at midnight on the eve of the second or fourth anniversary of the date of
birth of the applicant at the end of the term for which following the date they
were issued.
All junior operator licenses shall expire at midnight on the eve of
the second anniversary of the date of birth of the applicant at the end of the
term for which following the date they were issued.
A person born on
February 29 shall, for the purposes of this section, be considered as born on
March 1.
(b)(c)
The Commissioner shall, at At least 30 days before the birth
anniversary of each operator licenseholder on which the a license is scheduled
to
expire and biennially
for
each
junior
operator
licenseholder, the
Commissioner shall mail first class, to the licensee an application for renewal
of the license.
A person shall not operate a motor vehicle unless properly
licensed.
(c)
Notwithstanding the provisions of this section, a licensee may request a
two-year license renewal.
* * * Autocycles * * *
Sec. 34.
23 V.S.A. § 4(18) is amended to read:
(18)(A)
―Motorcycle‖ shall mean any motor driven vehicle having a seat
or saddle for the use of the rider and designed to travel on not more than three
wheels in contact with the ground, and shall include autocycles but excluding
exclude motor-driven cycles, golf carts, track driven vehicles, tractors, and
electric personal assistive mobility devices, and vehicles on which the operator
and passengers ride within an enclosed cab, except that a vehicle which is fully
enclosed, has three wheels in contact with the ground, weighs less than 1,500
- 1838 -
pounds, has the capacity to maintain posted highway speed limits, and which
uses electricity as its primary motive power shall be registered as a motorcycle
but the operator of such vehicle shall not be required to have a motorcycle
endorsement nor to comply with the provisions of section 1256 of this title
(motorcycles-headgear) in the operation of such a vehicle.
(B)
―Autocycle‖ means a three-wheeled motorcycle:
(i)
in which the occupants sit with their legs forward;
(ii)
designed
to
be
controlled
with
a
steering
wheel
and
pedals; and
(iii)
equipped with safety belts for all occupants.
(C)
―Fully enclosed autocycle‖ means an autocycle equipped with a
windshield and that has full top and side enclosures capable of supporting the
vehicle’s weight and protecting the occupants when the vehicle is resting on
the enclosures.
Sec. 35.
23 V.S.A. § 601(f) is added to read:
(f)
Operators of autocycles shall be exempt from the requirements to obtain
a motorcycle learner’s permit or a motorcycle endorsement.
Sec. 36.
23 V.S.A. § 1114(b) is amended to read:
(b)
A person shall ride upon a motorcycle or motor-driven cycle only while
sitting astride the seat, facing forward, with one leg on each side of the
motorcycle or motor-driven cycle.
The requirement of this subsection shall not
apply to occupants of autocycles or of side-cars.
Sec. 37.
23 V.S.A. § 1256 is amended to read:
§ 1256.
MOTORCYCLES—HEADGEAR
A person may not operate or ride upon a motorcycle upon a highway unless
he or she properly wears protective headgear of a type that conforms to the
federal Motor Vehicle Safety Standards contained in 49 C.F.R. § 571.218 and
any amendment or addition to the regulations that may be adopted by the U.S.
Secretary of Transportation, as may be amended.
The requirement of this
section shall not apply to occupants of fully enclosed autocycles.
* * * Inspection Mechanics * * *
Sec. 38.
23 V.S.A. § 1227 is amended to read:
§ 1227.
CERTIFIED INSPECTION MECHANICS
(a)
Periodic inspections may be performed only by mechanics who have
been certified by the commissioner Commissioner; provided that an uncertified
- 1839 -
person employed as an inspection mechanic may perform inspections during
the first 30 days that he or she is employed by the inspection station.
(b)
A person who applies for certification under this section shall:
(1)
complete an application form prescribed by the commissioner, shall
Commissioner;
(2)
be at least 18 years of age, and shall; and
(3)
pass an examination based on the official inspection manual for each
type of vehicle to be inspected.
(c)
Applicants for certification under this section shall be examined and on
the inspection requirements for each type of vehicle to be inspected.
(c)
Upon satisfactory completion of the examination, the commissioner an
applicant’s satisfaction of the requirements of subsection (b) of this section, the
Commissioner shall issue a certification which shall remain in effect for a
period of five years or until surrendered, suspended, or revoked.
Inspection
mechanics certified by their employer as competent to perform inspections and
who were continuously employed by one or more designated inspection
stations for a period of at least one year at any time prior to July 1, 1998 shall
not be required to take the examination.
(d)
To inspect a school bus, a certified inspection mechanic shall not be
required to have a commercial driver license if he or she:
(1)
uses approved automated brake testing equipment in lieu of an
inspection road test; or
(2)
only operates the school bus at a safe location that is not a highway
as defined in 19 V.S.A. § 1(12) as necessary to conduct an inspection road test.
* * * Effective Dates * * *
Sec. 39.
EFFECTIVE DATES
(a)
This section, Sec. 10 (credits for and substitution of privilege cards),
and Sec. 31 (moratorium on issuance of dealer plates) shall take effect on
passage.
(b)
Sec. 11 shall take effect on January 1, 2015.
The obligation to provide
proof of insurance shall apply to all policies delivered, issued for delivery, or
renewed in this State on or after January 1, 2015.
The obligation to provide
notice of cancellation or nonrenewal shall apply to all cancellations or
nonrenewals on or after January 1, 2015.
- 1840 -
(c)
All other sections shall take effect on July 1, 2014.
(Committee vote: 11-0-0 )
(For text see Senate Journal March 18 and 19, 2014 )
Favorable
H. 878
An act relating to prevailing wages.
(Rep. Moran of Wardsboro
will speak for the Committee on
General,
Housing and Military Affairs.)
Rep. Keenan of St. Albans City,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
General, Housing and Military Affairs.
(Committee Vote: 7-4-0)
H. 886
An act relating to approval of the adoption and the codification of the
charter of the Town of Panton
Rep.
Mook
of
Bennington
,
for
the
Committee
on
Government
Operations,
recommends the bill ought to pass.
( Committee Vote: 11-0-0)
H. 890
An act relating to approval of amendments to the charter of the City of
Burlington regarding the redistricting of City election areas
Rep. Cole of Burlington
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 11-0-0)
H.R. 18
House resolution relating to passenger rail service to Montreal
Rep. Bissonnette of Winooski
, for the Committee on
Transportation,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
- 1841 -
H.R. 19
House resolution relating to intercity passenger rail connecting New York
to the Western Corridor of Vermont
Rep. Bissonnette of Winooski
, for the Committee on
Transportation,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
H.R. 20
House resolution relating to support of Agency of Transportation’s TIGER
grant application for Western Corridor rail improvements
Rep. Bissonnette of Winooski
, for the Committee on
Transportation,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
Senate Proposal of Amendment
H. 543
An act relating to records and reports of the Auditor of Accounts
The Senate proposes to the House to amend the bill as follows:
First:
By striking Sec. 1 in its entirety and inserting in lieu thereof:
Sec. 1.
REPEAL
2012 Acts and Resolves No. 155, Sec. 24 (auditor website; audit findings) is
repealed.
Second:
In Sec. 2, 32 V.S.A. § 163, by striking subdivision (3) in its
entirety and inserting in lieu thereof a new subdivision (3) to read:
(3)
[Repealed.]
(A)
Prominently post and retain on his or her official
State website, and update at least annually on or before July 1, the following
information:
(i)
All reports with findings that result from audits conducted
under subdivision (1) of this section.
(ii)
A summary of significant recommendations contained in audit
reports issued since January 1, 2012 arising from audits conducted under
subdivision (1) of this section, and the dates on which corrective actions were
taken related to those recommendations.
(iii)
A summary of all embezzlement convictions, and false claim
convictions
as
described
in
13
V.S.A.
§ 3016,
against
any
agency
or
department of the State, since July 1, 2007.
The summary shall include the
- 1842 -
names of all persons convicted of those offenses.
(B)
Follow up on recommendations described in subdivision (A)(ii)
of this subdivision (3) at least biennially and for at least four years from the
date of the audit report.
(For text see House Journal No House Amendments )
Consent Calendar
Concurrent Resolutions for Adoption Under Joint Rule 16a
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative
requests
floor
consideration
before
today’s
adjournment.
Requests for floor consideration in either chamber should be communicated to
the Secretary’s office and/or the House Clerk’s office, respectively.
For text of
resolutions, see Addendum to House Calendar and Senate Calendar of
4/3/2014.
H.C.R. 286
House concurrent resolution in memory of former Senator and Chittenden
County Assistant Judge Thomas M. Crowley of South Burlington
H.C.R. 287
House concurrent resolution congratulating the 2014 Essex High School
Hornets Metro Division girls’ hockey championship team
H.C.R. 288
House concurrent resolution congratulating the 2014 Essex High School
Division I championship cheerleading team
H.C.R. 289
House concurrent resolution honoring Patricia Palencsar for her leadership at
Green Mountain RSVP & Volunteer Center
H.C.R. 290
House concurrent resolution designating April 2014 as Autism Awareness
Month
H.C.R. 291
House concurrent resolution congratulating the 2014 Poultney High School
Division II championship cheerleading team
H.C.R. 292
House concurrent resolution honoring Richard Andrews as a conservationist
and hiking recreational leader
Public Hearings
April 9 2014 - Room 11 - 5:00pm-7:00 pm - H.883 - Expanded Pre K-Grade
12 School Districts - House Ways and Means and Education Committees
- 1843 -
Information Notice
SENATE APPROPRIATIONS COMMITTEE
FY 2015 Budget
ADVOCATES TESTIMONY
On
Wednesday
,
April
9,
2014
beginning
at
9:30
am
,
the
Senate
Appropriations Committee will be taking testimony from advocates regarding
the Fiscal Year 2015 Budget (H.885) in Room 10 of the State House.
To
schedule time before the Committee contact Becky Buck at the Legislative
Joint Fiscal Office located at 1 Baldwin Street (phone:
828-5969).
Joint Assembly
Thursday, April 10, 2014 - 10:30 A.M. - Election of one (1) successor
legislative Trustee of the University of Vermont and State Agricultural
College.
Candidates for the position of trustee must notify the Secretary of State in
writing not later than Thursday, April 3, 2014, by 5:00 P.M. pursuant to the
provisions of 2 V.S.A. § 12(b). Otherwise their names will not appear on the
ballots for this position.
The following rules shall apply to the conduct of these elections:
First: All nominations for these offices will be presented in alphabetical order
prior to voting.
Second: There will be only one nominating speech of not more than three (3)
minutes and not more than two seconding speeches of not more than one (1)
minute each for each nominee.