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House Calendar
Friday, April 25, 2014
109th DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
J.R.H. 18
Urging Congress to reauthorize the federal terrorism insurance
program ........................................................................................................ 2192
S. 70
An act relating to the delivery of raw milk at farmers' markets ......... 2192
S. 177
An act relating to nonjudicial discipline .......................................... 2192
Favorable with Amendment
H. 892
Approval of the adoption and the codification of the charter of the
Central Vermont Public Safety Authority ................................................... 2192
Rep. Lewis for Government Operations
Favorable
H. 893
Approval of the adoption and the codification of the charter of the
North Branch Fire District No. 1 ................................................................. 2193
Rep. Lewis for Government Operations
H. 894
Approval of amendments to the charter of the City of Montpelier and to
merging the Montpelier Fire District No. 1 into the City of Montpelier ..... 2193
Rep. Higley for Government Operations
H.R. 11
To amend Rule 25 of the Rules of the House of Representatives
pertaining to the jurisdiction of the Committee on Transportation ............. 2193
Rep. Deen for Rules
S. 234
An act relating to Medicaid coverage for home telemonitoring services
..................................................................................................................... 2194
Rep. Gage for Health Care
Rep. Johnson for Appropriations ................................................................. 2194
Senate Proposal of Amendment
H. 123
Lyme disease and other tick-borne illnesses ................................... 2195
Rep. Fisher for Health Care ......................................................................... 2196
Rep. Till Amendment .................................................................................. 2197
H. 765
Eliminating the part-time certification of law enforcement officers2197
NOTICE CALENDAR
Favorable with Amendment
H. 883
Expanded prekindergarten–grade 12 school districts ...................... 2198
Rep. Wilson for Ways and Means
Rep. Donovan for Education ....................................................................... 2205
S. 239
An act relating to the regulation of toxic substances ....................... 2217
Rep. Deen for Fish, Wildlife and Water Resources
Rep. Sharpe for Ways and Means ............................................................... 2235
S. 241
An act relating to binding arbitration for State employees .............. 2236
Rep. O’Sullivan for General, Housing and Military Affairs
S. 291
An act relating to the establishment of transition units at State
correctional facilities ................................................................................... 2237
Rep. Hooper for Corrections and Institutions
Rep. O’Brien for Appropriations ................................................................. 2238
S. 293
An act relating to reporting on population-level outcomes and indicators
and on program-level performance measures .............................................. 2239
Rep. Evans for Government Operations
S. 295
An act relating to pretrial services, risk assessments, and criminal
justice programs ........................................................................................... 2243
Rep. Lippert for Judiciary
Favorable
S. 316
An act relating to child care providers ............................................. 2255
Rep. Stevens for General, Housing and Military Affairs
Senate Proposal of Amendment
H. 483
Adopting revisions to Article 9 of the Uniform Commercial Code 2255
Rep. Carr for Commerce and Economic Development ............................... 2255
H. 874
Consent for admission to hospice care and for DNR/COLST orders
..................................................................................................................... 2255
H. 875
The elimination of a defendant’s right to a trial by jury in traffic
appeals and fines for driving with license suspended.................................. 2258
H. 890
Approval of amendments to the charter of the City of Burlington
regarding the redistricting of City election areas ........................................ 2263
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 2263
Consent Calendar
H.C.R. 330
Honoring choral conductor, musician, composer, and college
music instructor Edwin Lawrence ............................................................... 2264
H.C.R. 331
Honoring Grace Simonds for her municipal public service as the
Town Clerk and Town Service Officer of Whiting ..................................... 2264
H.C.R. 332
Congratulating Erica Wallstrom on being awarded an Albert
Einstein Distinguished Educator Fellowship ............................................... 2264
H.C.R. 333
Congratulating Rutland Senior High School Principal William
Olsen on being named the 2014 Vermont Principal of the Year ................. 2264
H.C.R. 334
Commemorating the publication of The Vermont Difference:
Perspectives from the Green Mountain State .............................................. 2264
H.C.R. 335
In memory of former Representative Lawrence Powers ......... 2264
H.C.R. 336
Honoring Vermont National Guard State Command Sergeant
Major Forest T. Glodgett on his distinguished military career ................... 2264
H.C.R. 337
Recognizing all Vermont firefighters, police officers, and
emergency medical service (EMS) personnel for the professional level of
service they provide to their communities ................................................... 2264
H.C.R. 338
Honoring Wayne Hunter for his public service as a U.S. Postal
Service employee in Northfield ................................................................... 2264
H.C.R. 339
Congratulating Sandy Baird on her most-deserved receipt of the
2014 Vermont Bar Association’s Pro Bono Service Award ....................... 2264
H.C.R. 340
Honoring the Southwest Vermont Supervisory Union teachers and
staff concluding their careers in 2014 ......................................................... 2264
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
J.R.H. 18
Joint resolution urging Congress to reauthorize the federal terrorism insurance
program
S. 70
An act relating to the delivery of raw milk at farmers' markets
S. 177
An act relating to nonjudicial discipline
Favorable with Amendment
H. 892
An act relating to approval of the adoption and the codification of the
charter of the Central Vermont Public Safety Authority
Rep. Lewis of Berlin,
for the Committee on
Government Operations,
recommends the bill be amended as follows:
First:
In Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 4 (sovereign
immunity), at the end of the first sentence, after “to the same extent that”, by
striking out in its entirety “the State of Vermont does” and inserting in lieu
thereof a municipality of the State does.
Second:
In Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 12 (quorum
and rules), in subsection (a), by striking out in its entirety the first sentence and
inserting in lieu thereof To transact business, a majority of all directors who
are not all from the same member shall be present and shall vote in favor of a
motion for it to be effective.
Third:
Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 26 is redesignated
to read:
§ 26.
REMOVAL OF OFFICERS
Fourth:
In Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 31 (collection),
in subsection (a), after “Annually, on or before”, by striking out “January 1,”
and inserting in lieu thereof July 1,
Fifth:
In Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 31 (collection),
in subsection (c), at the end of the last sentence, after “determines to be
- 2193 -
reasonable” by inserting , not exceeding what may be permitted by general law
Sixth:
In Sec. 2, in 24 App. V.S.A. Part IX, chapter 901, § 32 (limitations
of appropriations), by striking out in their entirety subsections (b) and (c) and
inserting in lieu thereof a new subsection (b) to read:
(b)
The amount of any deficit at the end of the fiscal year shall be included
in the next proposed operating budget and paid out of the appropriations for
that budget year.
At the discretion of the Board, any unencumbered balance
may be placed in a reserve fund or returned to the members.
( Committee Vote: 11-0-0)
Favorable
H. 893
An act relating to approval of the adoption and the codification of the
charter of the North Branch Fire District No. 1
Rep. Lewis of Berlin
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 11-0-0)
H. 894
An act relating to approval of amendments to the charter of the City of
Montpelier and to merging the Montpelier Fire District No. 1 into the City of
Montpelier
Rep. Higley of Lowell
, for the Committee on
Government Operations,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
H.R. 11
House resolution to amend Rule 25 of the Rules of the House of
Representatives pertaining to the jurisdiction of the Committee on
Transportation
Rep. Deen of Westminster
, for the Committee on
Rules,
recommends the
resolution ought to be adopted.
( Committee Vote: 7-0-0)
- 2194 -
S. 234
An act relating to Medicaid coverage for home telemonitoring services
Rep. Gage of Rutland
City
,
for
the
Committee
on
Health
Care,
recommends the bill ought to pass.
( Committee Vote: 11-0-0)
Rep. Johnson of South Hero,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as follows:
By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec.
1 to read as follows:
Sec. 1.
33 V.S.A. § 1901g is added to read:
§ 1901g.
MEDICAID
COVERAGE
FOR
HOME
TELEMONITORING
SERVICES
(a)
The Agency of Human Services shall provide Medicaid coverage for
home telemonitoring services performed by home health agencies or other
qualified providers as defined by the Agency of Human Services for Medicaid
beneficiaries who have serious or chronic medical conditions that can result in
frequent or recurrent hospitalizations and emergency room admissions.
The
Agency shall use evidence-based best practices to determine the conditions or
risk factors to be covered.
Beginning on July 1, 2014, the Agency shall
provide coverage for home telemonitoring for one condition or risk factor for
which it determines coverage to be cost-neutral.
The Agency may expand
coverage to include additional conditions or risk factors identified using
evidence-based best practices if the expanded coverage will remain cost-
neutral or as funds become available.
(b)
A home health agency or other qualified providers as defined by the
Agency of Human Services provider shall ensure that clinical information
gathered by the home health agency or other qualified providers as defined by
the Agency of Human Services provider while providing home telemonitoring
services is shared with the patient’s treating health care professionals.
The
Agency of Human Services may impose other reasonable requirements on the
use of home telemonitoring services.
(c)
As used in this section:
(1)
“Home health agency” means an entity that has received a certificate
of need from the State to provide home health services and is certified to
provide services pursuant to 42 U.S.C. § 1395x(o).
(2)
“Home telemonitoring service” means a health service that requires
scheduled
remote
monitoring
of
data
related
to a
patient’s
health,
in
- 2195 -
conjunction with a home health plan of care, and access to the data by a home
health agency or other qualified providers provider as defined by the Agency
of Human Services.
( Committee Vote: 10-0-1)
Senate Proposal of Amendment
H. 123
An act relating to Lyme disease and other tick-borne illnesses
The Senate proposes to the House to amend the bill as follows:
First:
By striking out Sec. 2 in its entirety and inserting in lieu thereof a
new Sec. 2 to read as follows:
Sec. 2.
PURPOSE
The purpose of this act is to ensure that patients have access to treatment for
Lyme disease and other tick-borne illnesses in accordance with their needs, the
clinical judgment of their physicians, and any of the guidelines referenced in
Sec. 3(4) of this act.
Second:
By striking out Sec. 3 in its entirety and inserting in lieu thereof a
new Sec. 3 to read as follows:
Sec. 3.
POLICY STATEMENT
A policy statement clearly communicating the following shall be issued by
the Vermont State Board of Medical Practice to physicians licensed pursuant
to 26 V.S.A. chapter 23 and to physician assistants licensed pursuant to
26 V.S.A. chapter 31; the Vermont Board of Osteopathic Physicians to
physicians
licensed
pursuant
to
26
V.S.A.
chapter
33;
the
Office
of
Professional Regulation to naturopathic physicians licensed pursuant to 26
V.S.A. chapter 81; and the Vermont Board of Nursing to advanced practice
registered nurses licensed pursuant to 26 V.S.A. chapter 28:
(1)
a physician, physician assistant, naturopathic physician, or nurse
practitioner, as appropriate, shall document the basis for diagnosis of and
treatment for Lyme disease, other tick-borne illness, or coinfection in a
patient’s medical record;
(2)
a physician, physician assistant, naturopathic physician, or nurse
practitioner, as appropriate, shall obtain a patient’s informed consent regarding
the potential inaccuracy of a diagnostic Lyme disease test prior to its
administration;
(3)
a physician, physician assistant, naturopathic physician, or nurse
practitioner, as appropriate, shall obtain a patient’s informed consent in writing
- 2196 -
prior to administering any proposed long-term treatment for Lyme disease,
other tick-borne illness, or coinfection; and
(4)
the Board or Office of Professional Regulation shall not pursue
disciplinary
action
against
a
physician,
physician
assistant,
naturopathic
physician, or nurse practitioner,
as appropriate, solely for the use of medical
care recognized by the guidelines of the Centers for Disease Control and
Prevention, Infectious Diseases Society of America, or International Lyme and
Associated Diseases Society for the treatment of a patient’s symptoms when
the patient is clinically diagnosed with Lyme disease or other tick-borne
illness; however, this does not preclude discipline for errors, omissions, or
other unprofessional conduct when practicing within such guidelines.
Third:
By adding a new section to be numbered Sec. 4 to read as follows:
Sec. 4.
REPORT
On or before January 15, 2015 and 2016 the Commissioner of Health shall
report to the House Committee on Health Care and to the Senate Committee on
Health and Welfare on the following:
(1)
the trends in the spread of Lyme disease and other tick-borne
illnesses throughout Vermont, including a description of the surveillance
criteria used in evaluating the spread of these diseases; and
(2)
the Department of Health’s public education initiatives to date
regarding the prevention and treatment of Lyme disease and other tick-borne
illnesses, including an assessment of each initiative’s effectiveness.
And by renumbering the remaining section to be numerically correct.
(For text see House Journal 3/11/2014 )
Rep. Rep. Fisher of Lincoln,
for the Committee on
Health Care,
moves
that the House concur in the Senate Proposal of Amendment with further
amendment thereto as follows:
The Committee on Health Care moves that the House concur in the Senate
Proposal of Amendment with further amendment thereto in Sec. 3, by striking
out subdivision (2) in its entirety and inserting in lieu thereof a new
subdivision (2) to read as follows:
(2)
a physician, physician assistant, naturopathic physician, or nurse
practitioner, as appropriate, shall provide information to assist patients’
understanding of the available Lyme disease tests, the meaning of a diagnostic
Lyme disease test result, and any limitations to that test result;
(Committee Vote: 8-1-2)
- 2197 -
Amendment to be offered by Rep. Till of Jericho to H. 123
By striking out Sec. 3, subdivision (2) in its entirety and inserting in lieu
thereof a new subdivision (2) to read as follows:
(2)
a physician, physician assistant, naturopathic physician, or nurse
practitioner, as appropriate, shall provide information to patients regarding
whether the proposed Lyme disease test will be processed by a laboratory
certified under the federal Clinical Laboratory Improvement Amendments
Program;
H. 765
An act relating to eliminating the part-time certification of law enforcement
officers
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.
VERMONT CRIMINAL JUSTICE TRAINING COUNCIL;REPORT;
LEVELS OF LAW ENFORCEMENT OFFICER CERTIFICATION; SCOPE
OF PRACTICE; TRAINING REQUIREMENTS
On or before January 15, 2015, the Vermont Criminal Justice Training
Council shall submit to the Senate and House Committees on Government
Operations a report that recommends whether there should be different levels
of law enforcement officer certification to replace the current law’s full- and
part-time certification.
Any new recommended levels shall distinguish law
enforcement officer certification based on scope of practice and not on practice
hours.
For
each
recommended
new
level
of
law
enforcement
officer
certification, the Council shall recommend:
(1)
the scope of practice for that level of certification;
(2)
the scope of the basic and annual in-service training that should be
required to obtain and retain, respectively, that level of certification;
(3)
the manner in which a law enforcement officer should be able to
transition to a different level of certification; and
(4)
the manner in which a law enforcement officer certified as a full- or
part-time officer under current law should be able to transition to the
recommended new level.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
And that after passage the title of the bill be amended to read: “An act
relating to a report of the Vermont Criminal Justice Training Council’s
- 2198 -
recommended levels of law enforcement officer certification”.
(For text see House Journal 3/18/2014 )
NOTICE CALENDAR
Favorable with Amendment
H. 883
An act relating to expanded prekindergarten–grade 12 school districts
Rep. Wilson of Manchester,
for the Committee on
Ways and Means,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
* * * Prekindergarten–Grade 12 School Districts * * *
Sec. 1.
16 V.S.A. chapter 135 is added to read:
CHAPTER 135.
PREKINDERGARTEN–GRADE 12 SCHOOL
DISTRICTS;
REALIGNMENT PROCESS
§ 4051.
PURPOSE
This act will encourage and support:
(1)
equity in the quality and variety of educational opportunities
available to students throughout the State;
(2)
operational efficiencies and cost savings by facilitating the sharing
of best practices and resources; and
(3)
better connections between schools and the community through
stronger school leadership.
§ 4052.
DEFINITIONS
As used in this act:
(1)
“Design Team” means the independent nine-member entity created
by this act to conduct statewide public hearings and develop a preliminary and
final Statewide Realignment Plan.
(2)
“Statewide Realignment Plan” or “the Plan” means the plan
developed and adopted pursuant to this act by which existing school districts
shall be realigned into 45–55 supervisory districts that are responsible for the
education of all resident students in prekindergarten through grade 12.
§ 4053.
GUIDELINES
(a)
The Statewide Realignment Plan required by this act shall be designed
to recognize:
- 2199 -
(1)
each community’s unique character;
(2)
the tradition of community participation in the adoption of school
budgets;
(3)
historic relationships among communities;
(4)
existing connections between school districts;
(5)
ongoing discussions between school districts engaged in the regional
education district process set forth in 2010 Acts and Resolves No. 153, as
amended by 2012 Acts and Resolves No. 156; and
(6)
potential obstacles caused by geography.
(b)
The Statewide Realignment Plan shall preserve current opportunities
for school choice and shall endeavor to enhance opportunities for public school
choice.
§ 4054.
STATEWIDE REALIGNMENT PLAN
(a)
The Statewide Realignment Plan shall realign existing school districts
into at least 45 and no more than 55 supervisory districts that are responsible
for the education of all resident students in prekindergarten through grade 12
through educational opportunities that meet the educational quality standards
adopted by the State Board of Education pursuant to 16 V.S.A. § 165.
(b)
Under the Statewide Realignment Plan, each new district shall:
(1)
endeavor to have an average daily membership of between 1,000 and
4,000 students;
(2)
be governed by no more than one elected school board;
(3)
adopt one district budget;
(4)
have a common, districtwide education property tax rate;
(5)
negotiate districtwide collective bargaining agreements and employ
all licensed and nonlicensed personnel as employees of the new district;
(6)
be the local education agency as that term is defined in 20 U.S.C.
§ 7801(26); and
(7)
operate one or more career technical education (CTE) centers or
enter into an agreement for resident students to attend one or more CTE centers
not operated by the district, or both.
(c)(1)
To the extent feasible, the Statewide Realignment Plan shall not
realign a new district created under the regional education district (RED)
process set forth in 2010 Acts and Resolves No. 153, as amended by 2012 Acts
- 2200 -
and Resolves No. 156.
(2)
Under the RED process, existing school districts may realign into
districts that meet specific criteria.
Realignment follows the provisions of
16 V.S.A. chapter 11 governing the formation of unified union school districts
under which districts appoint a study committee and prepare a plan of
realignment that must be approved by both the State Board and the electorate
of the districts.
A plan of realignment may address issues of particular interest
to the local communities, such as representation on the new district’s school
board, the manner in which school budgets are voted, and the conditions under
which the new district would be permitted to close an existing school building.
If approved, the plan becomes the new district’s articles of agreement.
(d)
During each of the first three years of realignment under the Plan:
(1)
the equalized homestead property tax rate for each town within a
new supervisory district shall not increase or decrease by more than five
percent in a single year; and
(2)
the household income percentage shall not increase or decrease by
more than five percent in a single year.
(e)
During and after the creation of supervisory districts under this act,
districts are encouraged to explore innovative ways to expand opportunities for
students and to seek waivers of State Board rules or other legal requirements
that inhibit implementation.
Innovations may address any area of education
policy, including instructional practices and principles; the use of technology
and data systems to improve instruction and expand learning opportunities;
services provided to discrete populations of students, including gifted and
talented students, students with limited English proficiency, and students at
risk of academic failure or expulsion; early education and school readiness;
and preparation and counseling of students for postsecondary education,
training, and employment.
§ 4055.
DESIGN TEAM
(a)
There is created a Design Team to be composed of nine members who
are geographically representative, have a broad range of knowledge of and
experience in the Vermont education system and in Vermont communities, and
represent diverse points of view, opinions, and interests
.
(b)
The nine members shall be appointed as follows:
(1)
On or before June 1, 2014, the Speaker of the House, the Committee
on Committees, and the Governor shall each choose three members.
One of
the members selected by the Speaker and one of the members selected by the
Committee on Committees shall have experience serving on a school board in
- 2201 -
Vermont.
One of the members selected by the Governor shall be the Chair of
the State Board of Education or the Chair’s designee.
No member of the
Design Team shall be a member of the House of Representatives or the Senate
during the period of appointment.
(2)
In order to ensure the diversity of knowledge, experience, and
opinions required by this section, the Speaker, the Committee on Committees,
and the Governor, or their designees, shall work collectively to identify
potential candidates for appointment.
(3)
The Speaker, the Committee on Committees, and the Governor shall
jointly appoint one of the nine members to serve as Chair of the Design Team.
(c)
The Design Team shall conduct its meetings pursuant to 1 V.S.A.
chapter 5, subchapter 2.
(d)
The Design Team shall have the authority to delegate to one or more of
its members any responsibility or power granted to it in this act, including the
responsibility to conduct public hearings.
(e)
The Design Team shall have the administrative, technical, and legal
assistance of the Agency of Education.
(f)(1)
For attendance at meetings during adjournment of the General
Assembly, any legislative members of the Design Team shall be entitled to per
diem compensation and reimbursement of expenses pursuant to 2 V.S.A.
(2)
Members of the Design Team who are not employees of the State
and who are not otherwise compensated or reimbursed for their participation
shall be entitled to per diem compensation and reimbursement of expenses
pursuant to 32 V.S.A. § 1010.
(g)
The Design Team shall cease to exist on July 1, 2017.
§ 4056.
PRELIMINARY STATEWIDE REALIGNMENT PLAN
On or before April 1, 2016, the Design Team shall:
(1)
consult with local education leaders, including members of school
boards in every supervisory union;
(2)
conduct no fewer than ten public hearings throughout the State to
inform development of the Statewide Realignment Plan;
(3)
conduct independent research and seek data, advice, and assistance
from any individual and any public or private entity to inform development of
the Statewide Realignment Plan;
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(4)
develop a preliminary Statewide Realignment Plan, which shall
include a schedule and process by which transition to the new districts shall be
fully implemented on or before July 1, 2020;
(5)
make the preliminary Statewide Realignment Plan available to the
public; and
(6)
submit the preliminary Statewide Realignment Plan to the General
Assembly for review.
§ 4057.
FINAL STATEWIDE REALIGNMENT PLAN
(a)
Between April 1, 2016 and January 1, 2017, the Design Team shall:
(1)
conduct no fewer than ten public hearings throughout the State and
consult with local educational leaders concerning the preliminary Statewide
Realignment Plan;
(2)
conduct any additional independent research and seek any additional
data, advice, and assistance the Design Team determines to be necessary to
inform development of the final Statewide Realignment Plan; and
(3)
develop a final Statewide Realignment Plan, which shall include a
detailed process and time line by which transition to the new districts will be
fully implemented on or before July 1, 2020.
(b)
On or before January 1, 2017, the Design Team shall make the final
Statewide Realignment Plan available to the public and submit it to the
General Assembly
§ 4058.
STATEWIDE REALIGNMENT OF SCHOOL DISTRICTS
The final Statewide Realignment Plan presented to the General Assembly
pursuant to § 4057 of this act shall take effect on July 1, 2017 unless
disapproved by explicit legislative action before that date.
* * * Joint Action and Regional Education Districts; Incentives * * *
Sec. 2.
REIMBURSEMENT OF FEES AND INCENTIVE GRANTS
Nothing in this act shall be construed to restrict or repeal the following:
(1)
2012 Acts and Resolves No. 156, Sec. 2 (reimbursement of up to
$5,000.00 for fees relating to initial exploration of joint activity by school
districts or supervisory unions).
(2)
2012 Acts and Resolves No. 156, Sec. 4 (reimbursement of up to
$10,000.00 for fees relating to joint activity other than a merger by school
districts or supervisory unions).
(3)
2012 Acts and Resolves No. 156, Sec. 5 (reimbursement of up to
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$20,000.00 in fees relating to analysis of supervisory unions’ potential
merger).
(4)
2012 Acts and Resolves No. 156, Sec. 6 ($150,000.00 facilitation
grant for successful merger of supervisory unions).
(5)
2012 Acts and Resolves No. 156, Sec. 11 (facilitation grant for
successful merger of school districts other than a RED).
(6)
2010 Acts and Resolves No. 153, Sec. 4, as amended by 2012 Acts
and Resolves No. 156, Sec. 13 (financial and other incentives for successful
formation of a RED).
* * * Supervisory Unions; Special Education; Transportation * * *
Sec. 3.
16 V.S.A. § 261a is amended to read:
§ 261a.
DUTIES OF SUPERVISORY UNION BOARD
(a)
Duties.
The board of each supervisory union shall:
* * *
(6)
provide, or if agreed upon by unanimous vote of the supervisory
union board, coordinate the provision of special education services on behalf
of its member districts and, except as provided in section 144b of this title,
compensatory and remedial services, and provide or coordinate the provision
of other educational services as directed by the State Board or local boards;
provided, however, if a supervisory union determines that services would be
provided more efficiently and effectively in whole or in part at the district
level, then it may ask the Secretary to grant it a waiver from this provision;
(7)
employ a person or persons qualified to provide financial and student
data management services for the supervisory union and the member districts;
(8)
provide the following services for the benefit of member districts in
a manner that promotes the efficient use of financial and human resources,
which shall be provided pursuant to joint agreements under section 267 of this
title whenever feasible; provided, however, if a supervisory union determines
that services would be provided more efficiently and effectively in another
manner, then it may ask the Secretary to grant it a waiver from this
subdivision:
* * *
(E)
provide
transportation
or
arrange
for
the
provision
of
transportation, or both in any districts in which it is offered within the
supervisory union; [Repealed.]
* * *
(11)
on or before June 30 of each year, adopt a budget for the ensuing
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school year; and
(12)
adopt supervisory union-wide truancy policies consistent with the
model protocols developed by the commissioner. ; and
(13)-(17) [Repealed.]
(13)
at the option of the supervisory union board,
provide transportation or arrange for the provision of transportation, or both, in
any districts in which it is offered within the supervisory union.
(14)–(17)
[Repealed.]
Sec. 4.
2010 Acts and Resolves No. 153, Sec. 23(b), as amended by 2011 Acts
and Resolves No. 30, Sec. 1; 2011 Acts and Resolves No. 58, Sec. 34; and
2012 Acts and Resolves No. 156, Sec. 20, is further amended to read:
(b)
Secs. 9 through 12 of this act shall take effect on passage and shall be
fully implemented on July 1, 2013, subject to the provisions of existing
contracts; provided, however, that the special education provisions of Sec. 9,
16 V.S.A. § 261a(a)(6), and the transportation provisions of Sec. 9, 16 V.S.A.
§ 261a(a)(8)(E), shall be fully implemented on July 1, 2014.
Sec. 5.
2010 Acts and Resolves No. 153, Sec. 18, as amended by 2011 Acts
and Resolves No. 30, Sec. 2; 2011 Acts and Resolves No. 58, Sec. 18; 2013
Acts and Resolves No. 56, Sec. 23; and 2014 Acts and Resolves No. 92,
Sec. 303, is further amended to read:
Sec. 18.
TRANSITION
(a)
Each A supervisory
union
shall
provide
for
any
transition
of
employment of special education and transportation employees by member
districts to employment by the supervisory union, pursuant to Sec. 9 of this act,
16 V.S.A. § 261a(a)(6) and (8)(E), by:
* * *
(b)
For purposes of this section and Sec. 9 of this act As used in this
section,
“special
education
employee”
shall
include
a
special
education
teacher,
a
special
education
administrator,
and
a
special
education
paraeducator, which means a teacher, administrator, or paraeducator whose job
assignment consists of providing special education services directly related to
students’ individualized education programs or to the administration of those
services.
Provided, however, that “special education employee” shall include a
“special education paraeducator” only if the supervisory union board elects to
employ some or all special education paraeducators because it determines that
doing so will lead to more effective and efficient delivery of special education
services to students.
If the supervisory union board does not elect to employ
all special education paraeducators, it must use objective, nondiscriminatory
criteria and identify specific duties to be performed when determining which
- 2205 -
categories of special education paraeducators to employ.
(c)
Education-related parties to negotiations under either Title 16 or 21
shall incorporate in their current or next negotiations matters addressing the
terms and conditions of special education employees.
(d)
If a supervisory union has not entered into a collective bargaining
agreement
with
the
representative
of
its
prospective
special
education
employees by August 15, 2015, it shall provide the Secretary of Education
with a report identifying the reasons for not meeting the deadline and an
estimated date by which it expects to ratify the agreement.
[Repealed.]
Sec. 6.
24 V.S.A. § 5053a(a) is amended to read:
(a)
For purposes of As used in this section, the term “transferred employee”
means an employee under this chapter who transitioned from employment
solely by a school district to employment, wholly or in part, by a supervisory
union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3,
2010.
* * * North Bennington School District * * *
Sec. 7.
NORTH BENNINGTON SCHOOL DISTRICT
Notwithstanding any other provision of law to the contrary, on the day on
which the North Bennington School District ceases to exist as a discrete entity
and becomes realigned into a supervisory district pursuant to the provisions of
this act, title to the building that is currently owned by the North Bennington
School District and occupied by the Village School of North Bennington shall
transfer to the Village of North Bennington.
* * * Effective Date * * *
Sec. 8.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 9-2-0)
Rep.
Donovan
of
Burlington,
for
the
Committee
on
Education,
recommends the bill ought to pass when amended as recommended by the
Committee on
Ways and Means
and when further amended as follows:
First:
By striking out Sec. 1 in its entirety and inserting in lieu thereof a
new Sec. 1 to read:
Sec. 1.
16 V.S.A. chapter 135 is added to read:
CHAPTER
135.
PREKINDERGARTEN–GRADE
12
EDUCATION
DISTRICTS; REALIGNMENT PROCESS
- 2206 -
§ 4051.
PURPOSE
This chapter is enacted to encourage and support:
(1)
increased
equity
in
the
quality
and
variety
of
educational
opportunities available to students throughout the State in order to enable all
Vermont
students
to
acquire
21st
Century
skills
and
to
decrease
the
achievement gap between students from different socioeconomic backgrounds;
(2)
operational efficiencies, more equitable deployment of resources,
and sharing of best practices; and
(3)
stronger relationships between schools and the community by
fostering
stable
school
leadership
and
opportunities
for
community
engagement.
§ 4052.
REALIGNMENT
As of July 1, 2020, pursuant to the processes and criteria set forth in
this chapter, school districts in the State, except interstate school districts,
and supervisory
unions
shall
be
realigned
into
an
estimated
45–55
prekindergarten–grade 12
education
districts
that
are
responsible
for
the
education of all resident students in prekindergarten–grade 12 and that shall
assume the responsibilities currently assigned to supervisory unions.
§ 4053.
DEFINITIONS
As used in this chapter:
(1)
“Design Team” means the independent nine-member entity created
by this chapter to conduct statewide public engagement meetings and develop
a preliminary and final proposed Statewide Realignment Plan.
(2)
“Education District” means a new district that shall be created from
the realignment of existing school districts pursuant to this chapter that shall be
responsible for the education of all resident students in prekindergarten–grade
12
through
educational
opportunities
that
meet
the
educational
quality
standards adopted by the State Board of Education pursuant to section 165 of
this title.
(3)
“Statewide Realignment Plan” or “the Plan” means the plan
developed and adopted pursuant to this chapter by which existing school
districts that have not voluntarily realigned into Education Districts shall be
realigned.
§ 4054.
DESIGN TEAM; CREATION
(a)
There is created a Design Team to be composed of nine members who
are geographically representative, have a broad range of knowledge of and
- 2207 -
experience in the Vermont education system and in Vermont communities, and
represent diverse points of view, opinions, and interests
.
(b)
The nine members shall be appointed as follows:
(1)
On or before June 1, 2014, the Speaker of the House, the Committee
on Committees, and the Governor shall each choose three members.
No
member
of
the
Design
Team
shall
be
a
member
of
the
House
of
Representatives or the Senate during the period of appointment
.
(2)
In order to ensure the diversity of knowledge, experience, and
opinions required by this section, the Speaker, the Committee on Committees,
and the Governor, or their designees, shall work collectively to identify
potential candidates for appointment.
(3)
The Speaker, the Committee on Committees, and the Governor shall
jointly appoint one of the nine members to serve as Chair of the Design Team.
(c)
The Design Team shall conduct its meetings pursuant to 1 V.S.A.
chapter 5, subchapter 2.
(d)
The Design Team shall have the authority to delegate to one or more of
its members any responsibility or power granted to it in this chapter, provided,
however, that no fewer than five of the Design Team members shall be present
at the required public engagement meetings.
(e)
The Design Team shall have the administrative, technical, and legal
assistance of the Agency of Education and the Department of Taxes and may
request data and other appropriate assistance from other public bodies, such as
the Joint Fiscal Office, and private entities.
(f)
Members of the Design Team who are not employees of the State and
who are not otherwise compensated or reimbursed for their participation shall
be entitled to per diem compensation and reimbursement of expenses pursuant
(g)
The Design Team shall cease to exist on July 1, 2018.
§ 4055.
VOLUNTARY REALIGNMENT
(a)
Under the regional education district (RED) process set forth in 2010
Acts and Resolves No. 153, Secs. 2–4, as amended by 2012 Acts and Resolves
No. 156, Secs. 1 and 13–17, and further amended by 2013 Acts and Resolves
No. 56, Sec. 3, existing school districts may realign into districts that meet
specific criteria.
(b)
Realignment into a RED follows the process set forth in 16 V.S.A.
chapter 11 governing the formation of union school districts, under which
existing school districts appoint a study committee and prepare a plan of
- 2208 -
realignment (the Report).
Through creation of the Report, the districts
exploring realignment:
(1)
decide issues specified in section 706b of this title, including
ownership of buildings, representation on the RED board, and whether votes
on the budget and other issues will be by Australian ballot;
(2)
decide issues of particular interest to the local communities, such as
the conditions under which the RED would be permitted to close an existing
school building; and
(3)
provide for the election of an initial RED board prior to the first day
of the RED’s existence in order to transition to the new structure by
negotiating and entering into contracts, preparing an initial proposed budget,
hiring a superintendent, adopting policies, and otherwise planning for the
RED’s implementation.
(c)
In addition, the Report shall address how the proposed district shall
meet the requirements
of
an
Education
District
that
are
itemized
in
subdivision 4056(b)(10) of this chapter.
(d)
If the Report is approved by both the State Board and the electorate of
the districts, it shall become the RED’s articles of agreement.
(e)
If the electorate of two or more districts approves a Report pursuant to
the RED process on or before July 1, 2017, then the Statewide Realignment
Plan shall not realign the RED and the RED shall be an Education District
under the Plan; provided, however, pursuant to criteria identified by the Design
Team,
realignment
is
permissible
if
necessary
to
accommodate
another
existing district that:
(1)
would become geographically isolated or would otherwise be an
inappropriate
member of any other potential Education District; and
(2)
is an appropriate member of the RED.
§ 4056.
STATEWIDE REALIGNMENT PLAN; ELEMENTS
(a)
Guidelines.
The Statewide Realignment Plan shall be informed by the
public meetings and other public engagement processes required by sections
4058 and 4059 of this chapter and shall be designed to recognize:
(1)
each community’s unique character;
(2)
the tradition of community participation in the adoption of school
budgets;
(3)
historic relationships among communities;
(4)
existing connections between school districts;
- 2209 -
(5)
ongoing discussions between school districts engaged in the RED
process;
(6)
potential obstacles caused by geography; and
(7)
to the extent possible, the effect that national Forest Service funds
paid pursuant to section 557 of this title and other unique revenue sources have
on public education and education property tax rates.
(b)
Requirements.
Subject to the provisions of sections 4055 and 4057 of
this chapter, an Education District shall:
(1)
be
responsible
for
the
education
of
all
resident
prekindergarten–grade 12 students through educational opportunities that meet
the educational quality standards adopted by the State Board of Education
pursuant to section 165 of this title;
(2)
have an average daily membership at least 1,000 students;
(3)
be governed by no more than one elected board;
(4)
adopt one districtwide budget;
(5)
have a common, districtwide education property tax rate;
(6)
negotiate districtwide collective bargaining agreements and employ
all licensed and nonlicensed personnel as employees of the new district;
(7)
be the local education agency as that term is defined in 20 U.S.C.
§ 7801(26);
(8)
account for and report financial information in accordance with
Generally Accepted Accounting Principles and in a manner that promotes
transparency and public accountability and supports a statewide integrated data
collection system;
(9)
operate one or more career technical education (CTE) centers or
enter into an agreement for resident students to attend one or more CTE centers
not operated by the district, or both; and
(10)
be designed to:
(A)
maximize the effective, flexible, and efficient use of fiscal,
human, and facility resources to support student achievement and success;
(B)
foster stable leadership by developing and supporting both school
and district leaders;
(C)
hire, train, support, and retain excellent administrators, teachers,
and staff;
- 2210 -
(D)
promote
budgetary
stability
leading
to
less
volatility
for
taxpayers;
(E)
account for and report financial information in accordance with
Generally Accepted Accounting Principles and in a manner that promotes
transparency and public accountability and supports a statewide integrated data
collection system; and
(F)
promote a shared commitment to a strong, flexible, and coherent
system.
(c)
Initial articles of agreement and other transitional issues.
Among other
things, the Statewide Plan:
(1)
shall include one or more models of initial articles of agreement
addressing issues required by section 706b of this title that will govern the
actions of the Education Districts that were not created during the voluntary
realignment process until such time as each Education District adopts its own
amended articles, including the method of apportioning the representation on
the Education District’s board, whether votes on the budget and other issues
will be by Australian ballot, and the conditions under which the Education
District would be authorized to close a school building;
(2)
shall establish transition procedures and guidance necessary for the
creation of each Education District, including provisions for:
(A)
the election of an initial education board prior to the first day of
the Education District’s existence in order to transition to the new structure by
negotiating and entering into contracts, preparing an initial proposed budget,
hiring a superintendent, adopting policies, and otherwise planning for the
District’s implementation;
(B)
assumption of debt;
(C)
ownership and management of property;
(D)
the transition of employees to the new employer, including
membership in collective bargaining units; and
(E)
creation, at the Education District’s option, of school-based
community councils designed to build partnerships among families, staff, and
the community and strong community involvement; and
(3)
shall ensure that no school employee subject to employment
transition under the Plan will experience a detrimental change in status within
the Vermont Municipal Employees’ Retirement System.
(d)
Tax rates.
During each of the first three years after realignment into an
Education District created by the Plan:
- 2211 -
(1)
the equalized homestead property tax rate for each town within an
Education District shall not increase or decrease by more than five percent in a
single year; and
(2)
the household income percentage shall not increase or decrease by
more than five percent in a single year.
§ 4057.
STATEWIDE
REALIGNMENT
PLAN;
PROTECTION
FOR
TUITIONING
DISTRICTS
AND
OPERATING
DISTRICTS;
FLEXIBILITY; STATEMENT OF INTENT
(a)
Tuitioning districts.
The Statewide Realignment Plan shall preserve the
ability of a district that, as of the effective date of this act, provides for the
education of all resident students in one or more grades by paying tuition on
the students’ behalf, to continue to provide education by paying tuition on
behalf of all students in the grade or grades and shall not require the district to
limit the options available to students when it ceases to exist as a discrete
entity and becomes realigned into an Education District.
(b)
Operating districts.
The Plan shall preserve the ability of a district that,
as of the effective date of this act, provides for the education of all resident
students in one or more grades by operating a school offering the grade or
grades, to continue to provide education by operating a school for all students
in the grade or grades and shall not require the district to pay tuition for
students when it ceases to exist as a discrete entity and becomes realigned into
an Education District.
(c)
Flexibility.
(1)
If the requirements in subsections (a) and (b) of this section preclude
creation of an Education District that has an average daily membership of at
least 1,000 students, then the Plan may create an alternative governance
structure
providing
common
services
to
two
prekindergarten–grade
12
districts:
one existing or newly realigned district that operates one or more
public schools offering elementary and secondary education and one existing
or newly realigned district that pays tuition for some or all grades.
(2)
If other factors preclude creation of an Education District that has an
average daily membership of at least 1,000 students, then the Plan may create
an Education District that does not meet that criterion provided that the District
otherwise meets the criteria of an Education District and furthers the purposes
of this chapter.
(d)
Statement of intent.
Nothing in this chapter shall be construed to
restrict or repeal, or to authorize the restriction or repeal of, the ability of a
school district that, as of the effective date of this act, provides for the
- 2212 -
education of all resident students in one or more grades:
(1)
by paying tuition on the students’ behalf, to continue to provide
education by paying tuition on behalf of all students in the grade or grades; or
(2)
by operating a school offering the grade or grades, to continue to
provide education by operating a school for all students in the grade or grades.
§ 4058.
PRELIMINARY STATEWIDE REALIGNMENT PLAN
(a)
On or before April 1, 2017, the Design Team shall:
(1)
within the boundaries of each supervisory union, consult with
members of school boards, parents, students, school administrators, teachers
and other school staff, public and private entities that regularly collaborate
with schools, and other local education and community leaders;
(2)
conduct no fewer than ten facilitated public engagement meetings
throughout the State, which:
(A)
include an overview by the facilitator of the objectives and
fundamental features of a 21st Century learning model;
(B)
solicit public comments that identify individual and community
visions, values, and goals relating to Vermont’s education system; and
(C)
provide Vermonters the opportunity to comment on and inform
development of the prekindergarten–grade 12 realignment process;
(3)
conduct independent research and seek data, advice, and assistance
from any individual and any public or private entity to inform development of
the Plan;
(4)
develop the preliminary Plan that reflects public comments and
pertinent educational research and related models, which shall include:
(A)
a description of the State’s vision for the characteristics and
delivery of prekindergarten–grade 12 education in Vermont;
(B)
a schedule and process by which transition to the new districts
shall be fully implemented on or before July 1, 2020;
(C)
a process, distinct from the additional public engagement
meetings required in subsection 4059(a) of this chapter, by which a district can
request a change in its proposed placement within an Education District or
otherwise voice unique concerns prior to adoption of the final Plan;
(5)
make the preliminary Plan available to the public; and
(6)
submit the preliminary Plan to the State Board and the General
Assembly for review.
- 2213 -
(b)
Within 28 days of receipt, the Joint Fiscal Office shall review the
preliminary Plan and prepare a fiscal note to assist the General Assembly and
the public to conduct informed deliberations on the preliminary Plan.
The
fiscal note shall contain an estimate of the effect of the Plan upon the
expenditures or revenues of the State and school districts for fiscal year 2021
and for the next five succeeding years
§ 4059.
FINAL STATEWIDE REALIGNMENT PLAN
(a)
Between April 1, 2017 and November 1, 2017, the Design Team shall:
(1)
conduct no fewer than ten public engagement meetings throughout
the State and consult with local educational and community leaders to obtain
opinions and comments on the preliminary Statewide Realignment Plan;
(2)
conduct any additional independent research and seek any additional
data, advice, and assistance the Design Team determines to be necessary to
inform development of the final Statewide Realignment Plan;
(3)
conduct the process by which a district can request a change in its
proposed placement;
(4)
consult with the State Board of Education; and
(5)
develop a final Statewide Realignment Plan, which shall include a
description of the State’s vision for education and a detailed process and time
line by which transition to the new districts will be fully implemented on or
before July 1, 2020.
(b)
On or before November 1, 2017, the Design Team shall submit the final
Plan to the State Board, which shall post it on its website.
(c)
On or before January 1, 2018:
(1)
the State Board shall submit the final Plan with the Board’s
recommendations to the General Assembly: and
(2)
the Joint Fiscal Office shall review the final Plan and prepare a fiscal
note to assist the General Assembly and the public to conduct informed
deliberations on the final Plan.
The fiscal note shall contain an estimate of the
effect of the Plan upon the expenditures or revenues of the State and school
districts for fiscal year 2021 and for the next five succeeding years.
(d)
The final Statewide Realignment Plan presented to the General
Assembly shall take effect on July 1, 2018 when the General Assembly enacts
it, or an amended plan, into law.
§ 4060.
ACCOUNTABILITY
On or before July 1, 2016:
- 2214 -
(1)
the Agency of Education shall have fully implemented statewide,
integrated systems to maintain financial reporting and accounting data and
longitudinal student data that are designed to measure and to compare on a
district-to-district basis:
(A)
the quality and variety of educational opportunities available to
students throughout the State;
(B)
student outcomes; and
(C)
financial costs; and
(2)
each
supervisory
union
and
school
district
shall
have
the
technological ability to provide all requested data to both data systems and
access all data to which they are entitled under State and federal privacy laws,
and shall follow protocols to be developed by the Agency by which they
transition the data systems, if necessary, to the Education Districts.
§ 4061.
TRANSITIONAL PROVISIONS
(a)
As used in this section, “realigning districts” means the school districts
and the supervisory union, supervisory unions, or portions of supervisory
unions that compose an Education District created under the RED process
pursuant to section 4055 of this chapter or under the Statewide Realignment
Plan.
(b)
Prior to the first day of the Education District’s existence, upon the
election of the initial transitional board, the board shall:
(1)
appoint a negotiations council for the purpose of negotiating with
future employees’ representatives; and
(2)
recognize the representatives of the employees of the realigning
districts as the recognized representatives of the employees of the Education
District.
(c)
Negotiations shall commence within 90 days after formation of the
initial transitional board and shall be conducted pursuant to the provisions of
16 V.S.A. chapter 57 for teachers and administrators and pursuant to 21 V.S.A.
chapter 22 for other employees.
(d)
An employee of a realigning district who was not a probationary
employee shall not be considered a probationary employee of the Education
District.
(e)
If a new agreement is not ratified by both parties prior to July 1, 2020,
or the first day of the Education District’s existence if earlier than July 1, 2020:
(1)
the parties shall comply with the existing agreements in place in
- 2215 -
each of the realigning districts until a new agreement is reached;
(2)
the parties shall adhere to the provisions of an agreement among the
employees, as represented by their respective recognized representatives,
regarding how provisions under the existing contracts regarding issues of
seniority, reduction in force, layoff, and recall will be reconciled during the
period prior to ratification of a new agreement; and
(3)
a new employee beginning employment after July 1, 2020, or the
first day of the Education District’s existence if earlier than July 1, 2020, shall
be covered by the agreement in effect that applies to the largest bargaining unit
among the realigning districts in that Education District.
(f)
On the first day of its existence, the Education District shall assume the
obligations of existing individual employment contracts between the realigning
districts and their employees.
§ 4062.
INNOVATION
During and after the creation of Education Districts under this chapter,
districts are encouraged to explore innovative ways to expand learning
opportunities for students and to seek waivers of State Board rules or other
legal requirements that inhibit implementation.
Innovations may address any
area of education policy, including instructional practices and principles; the
use of technology and data systems to improve instruction and expand learning
opportunities; services provided to discrete populations of students, including
gifted and talented students, students with limited English proficiency, students
not demonstrating adequate academic growth, and students at risk of academic
failure or expulsion; early education and school readiness; and preparation and
counseling of students for postsecondary education, training, and employment.
§ 4063.
GUIDELINES
AND
FLEXIBLE,
ALTERNATIVE
MODELS;
ACCOUNTABILITY
(a)
Guidelines; models.
The Agency of Education, in consultation with the
Design Team, shall revise and add to the existing template developed in
connection with the RED process to provide meaningful guidance and flexible,
alternative models to districts pursuing voluntary realignment under this
chapter and districts created under the Statewide Realignment Plan on issues
including voting and representation on Education District boards; tax rates; the
funding and payment structure for career technical education (CTE) centers by
new districts created under this chapter that do not operate a center and the
governance structure of CTE districts; municipal ownership of school-related
property; procedures for voting on a districtwide budget; and unique matters
relating to existing incorporated school districts.
The Agency and Design
Team shall update these materials as necessary until full implementation of the
- 2216 -
Education Districts.
(b)
Performance indicators; accountability.
(1)
The Agency, in consultation with the State Board of Education,
shall develop
criteria
by
which
to
measure
requirements
itemized
in
subdivision 4056(b)(10) of this chapter in order to:
(A)
provide guidance:
(i) to school districts pursuing voluntary realignment pursuant to
section 4055 of this chapter;
(ii)
to the State Board when reviewing reports under the voluntary
realignment phase and the preliminary and final Statewide Realignment
Plans; and
(iii)
in the development of the Statewide Realignment Plan; and
(B)
measure performance and ensure accountability after districts
transition to an Education District.
(2)
On or before January 1, 2015, the Agency shall complete the work
required under subdivision (1) of this subsection and present a detailed
explanation of the performance indicators to the House Committees on
Education and on Ways and Means and the Senate Committees on Education
and on Finance for review and potential adoption of legislation that would
provide guidance during the realignment process and clarification of State
policy.
Second:
In Sec. 2, by striking out subdivision (6) in its entirety and
inserting in lieu thereof a new subdivision (6) to read:
(6)
2012 Acts and Resolves No. 156, Sec. 9 (reimbursement of up to
$20,000.00 in fees relating to merger of school districts).
Third:
After Sec. 2 and before the reader assistance heading, by inserting
two new sections to be Secs. 2a and 2b to read:
Sec. 2a.
2010 Acts and Resolves No. 153, Sec. 2(a), as amended by 2012 Acts
and Resolves No. 156, Sec. 1, is further amended to read:
(a)
Program created.
There is created a school district merger incentive
program under which the incentives outlined in Sec. 4 of this act shall be
available to each new unified union school district created pursuant to Sec. 3 of
this act and to each new district created under Sec. 3 of this act by the merger
of districts that provide education by paying tuition; and to the Vermont
members of any new interstate school district if the Vermont members jointly
satisfy the size criterion of Sec. 3(a)(1) of this act and the new, merged district
- 2217 -
meets all other requirements of Sec. 3 of this act.
Incentives shall be available,
however, only if the effective date of merger is electorate approves the merger
on or before July 1, 2017.
Sec. 2b.
2010 Acts and Resolves No. 153, Sec. 4, as amended by 2012 Acts
and Resolves No. 156, Sec. 13, is further amended to read:
Sec. 4.
VOLUNTARY SCHOOL DISTRICT MERGER; INCENTIVES
* * *
(h)
This section is repealed on July 1, 2017 2024.
Fourth:
By striking out Sec. 7 and the related reader assistance heading in
their entirety and inserting a new section to be Sec. 7 and a related reader
assistance headings to read:
* * * Ownership of School Buildings * * *
Sec. 7.
OWNERSHIP OF SCHOOL BUILDINGS; TRANSFER OF TITLE
Notwithstanding any other provision of law to the contrary, in each of the
following situations, title to real property owned by a school district shall
transfer to the municipality that is not a school district in which the property is
located unless the electorate of the municipality votes not to accept ownership:
(1)
if existing school districts choose to discontinue use of the property
as a school building as part of realignment into an Education District;
(2)
if an Education District chooses to discontinue use of the property as
a school building at any time after realignment occurs; or
(3)
if, at the time of realignment, the property is owned by a school
district that does not operate a school.
and that after passage the title of the bill be amended to read:
“An act relating
to prekindergarten–grade 12 education districts”.
( Committee Vote: 9-1-1)
S. 239
An act relating to the regulation of toxic substances
Rep. Deen of Westminster,
for the Committee on
Fish, Wildlife & Water
Resources,
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:
Sec. 1.
FINDINGS
The General Assembly finds that:
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(1)
There are more than 84,000 chemicals used commercially in the
United States, and each year approximately 1,000 chemicals are added to the
list of registered chemicals.
(2)
More than 90 percent of the chemicals in commercial use in the
United States have never been fully tested for potential impacts on human
health or the environment.
(3)
In 1976, the federal government passed the Toxic Substances
Control Act (TSCA) in an attempt to improve the regulation of chemicals
in the
United
States.
However,
TSCA
grandfathered
approximately
62,000 chemicals
from
regulation
under
the
Act.
Consequently,
the
U.S. Environmental Protection Agency (EPA) is not required to assess the risk
of these chemicals.
Since TSCA became law, EPA only has required testing
for approximately 200 chemicals, and has banned or restricted the use of five
of those chemicals.
No chemicals have been banned in over 20 years.
(4)
Biomonitoring studies reveal that toxic chemicals are in the bodies
of people, including chemicals linked to cancer, brain and nervous damage,
birth defects, developmental delays, and reproductive harm.
Even newborn
babies have chemical body burdens, proving that they are being polluted while
in the womb.
(5)
Vermont has regulated the use of individual chemicals of concern,
including lead, mercury, bisphenol A, phthalates, decabromodiphenyl ether,
tris(1,3-dichloro-2-propyl) phosphate, and tris(2-chloroethyl) phosphate, but
reviewing chemicals individually, one at a time, is inefficient and inadequate
for addressing the issues posed by chemicals of concern.
(6)
Other states and countries, including Maine, Washington, California,
and the European Union, are already taking a more comprehensive approach to
chemical regulation in consumer products, and chemical regulation in Vermont
should harmonize with these efforts.
(7)
The State has experience monitoring and regulating chemical use
through the toxic use and hazardous waste reduction programs.
(8)
In order to ensure that the regulation of toxic chemicals is robust and
protective, parties affected by the regulation of chemical use shall have ample
opportunity to comment on proposed regulation so that the legal and financial
risks of regulation are minimized.
Sec. 2.
18 V.S.A. chapter 38A is added to read:
CHAPTER 38A.
CHEMICALS OF HIGH CONCERN TO CHILDREN
§ 1771.
POLICY
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It is the policy of the State of Vermont:
(1)
to protect public health and the environment by reducing exposure of
its citizens and vulnerable populations, such as children, to toxic chemicals,
particularly when safer alternatives exist; and
(2)
that the State attempt, when possible, to regulate toxic chemicals in a
manner that is consistent with regulation of toxic chemicals in other states.
§ 1772.
DEFINITIONS
As used in this chapter:
(1)
“Aircraft” shall have the same meaning as in 5 V.S.A. § 202.
(2)
“Chemical” means a substance with a distinct molecular composition
or a group of structurally related substances and includes the breakdown
products of the substance or substances that form through decomposition,
degradation, or metabolism.
“Chemical” shall not mean crystalline silica in
any form, as derived from ordinary sand or as present as a naturally occurring
component of any other mineral raw material, including granite, gravel,
limestone, marble, slate, soapstone, and talc.
(3)
“Chemical of high concern to children” means a chemical listed
under section 1773 or designated by the Department as a chemical of high
concern by rule under section 1776 of this title.
(4)
“Child” or “children” means an individual or individuals under
12 years of age.
(5)
“Children’s cosmetics” means cosmetics that are made for, marketed
for use by, or marketed to children.
“Children’s cosmetics” includes cosmetics
that meet any of the following conditions:
(A)
are represented in its packaging, display, or advertising as
appropriate for use by children;
(B)
are sold in conjunction with, attached to, or packaged together
with other products that are packaged, displayed, or advertised as appropriate
for use by children; or
(C)
are sold in any of the following:
(i)
a retail store, catalogue, or online website, in which a person
exclusively offers for sale consumer products that are packaged, displayed, or
advertised as appropriate for use by children; or
(ii)
a discrete portion of a retail store, catalogue, or online website,
in which a person offers for sale products that are packaged, displayed, or
advertised as appropriate for use by children.
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(6)
“Children’s jewelry” means jewelry that is made for, marketed for
use by, or marketed to children and shall include jewelry that meets any of the
following conditions:
(A)
is represented in its packaging, display, or advertising as
appropriate for use by children;
(B)
is sold in conjunction with, attached to, or packaged together
with other products that are packaged, displayed, or advertised as appropriate
for use by children;
(C)
is sized for children and not intended for use by adults; or
(D)
is sold in any of the following:
(i)
a vending machine;
(ii)
a retail store, catalogue, or online website, in which a person
exclusively offers for sale products that are packaged, displayed, or advertised
as appropriate for use by children; or
(iii)
a discrete portion of a retail store, catalogue, or online
website, in which a person offers for sale products that are packaged,
displayed, or advertised as appropriate for use by children.
(7)(A)
“Children’s product” means any consumer product, marketed for
use by, marketed to, sold, offered for sale, or distributed to children in the State
of Vermont, including:
(i)
toys;
(ii)
children’s cosmetics;
(iii)
children’s jewelry;
(iv)
a product designed or intended by the manufacturer to help a
child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a
child, or to be worn as clothing by children; or
(v)
child car seats.
(B)
“Children’s product” shall not mean or include the following:
(i)
batteries;
(ii)
consumer electronic products, including personal computers,
audio and video equipment, calculators, wireless phones, game consoles, and
hand-held devices incorporating a video screen used to access interactive
software
intended
for
leisure
and
entertainment
and
their
associated
peripherals;
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(iii)
interactive software, intended for leisure and entertainment,
such as computer games, and their storage media, such as compact discs;
(iv)
snow sporting equipment, including skis, poles, boots, snow
boards, sleds, and bindings;
(v)
inaccessible components of a consumer product that during
reasonably foreseeable use and abuse of the consumer product would not come
into direct contact with a child’s skin or mouth; and
(vi)
used consumer products that are sold in second-hand product
markets.
(8)
“Consumer product” means any product that is regularly used or
purchased to be used for personal, family, or household purposes.
“Consumer
product” shall not mean:
(A)
a
product
primarily
used
or
purchased
for
industrial
or
business use that does not enter the consumer product market or is not
otherwise sold at retail;
(B)
a food or beverage or an additive to a food or beverage;
(C)
a tobacco product;
(D)
a pesticide regulated by the U.S. Environmental Protection
Agency;
(E)
a drug, or biologic regulated by the U.S. Food and Drug
Administration (FDA), or the packaging of a drug, or biologic that is regulated
by the FDA, including over the counter drugs, prescription drugs, dietary
supplements, medical devices, or products that are both a cosmetic and a drug
regulated by the FDA;
(F)
ammunition or components thereof, firearms, air rifles, hunting or
fishing equipment or components thereof;
(G)
an aircraft, motor vehicle, vessel; or
(H)
the packaging in which a consumer product is sold, offered for
sale, or distributed.
(9)
“Contaminant” means a trace amount of a chemical or chemicals that
is incidental to manufacturing and serves no intended function in the children’s
product or component of the children’s product, including an unintended by-
product of chemical reactions during the manufacture of the children’s product,
a trace impurity in feed-stock, an incompletely reacted chemical mixture, and a
degradation product.
(10)
“Cosmetics”
means
articles
intended
to
be
rubbed,
poured,
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sprinkled, or sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting attractiveness,
or altering appearance, and articles intended for use as a component of such an
article.
“Cosmetics” shall not mean soap, dietary supplements, or food and
drugs approved by the U.S. Food and Drug Administration.
(11)
“Intentionally added” means the addition of a chemical in a product
that serves an intended function in the product component.
(12)
“Manufacturer” means:
(A)
any person who manufactures a children’s product or whose
name is affixed to a children’s product or its packaging or advertising, and the
children’s product is sold or offered for sale in Vermont; or
(B)
any person who sells a children’s product to a retailer in Vermont
when the person who manufactures the children’s product or whose name is
affixed to the children’s product or its packaging or advertising does not have a
presence in the United States other than the sale or offer for sale of the
manufacturer’s products.
(13)
“Motor vehicle” means every vehicle intended primarily for use
and
operation
on
the
public
highways
and
shall
include
snowmobiles,
all-terrain vehicles, and farm tractors and other machinery used in the
production, harvesting, and care of farm products.
(14)
“Persistent bioaccumulative toxic” means a chemical or chemical
group that, based on credible scientific information, meets each of the
following criteria:
(A)
the chemical can persist in the environment as demonstrated by
the fact that:
(i) the half-life of the chemical in water is greater than or equal
to 60 days;
(ii)
the half-life of the chemical in soil is greater than or equal to
60 days; or
(iii)
the half-life of the chemical in sediments is greater than or
equal to 60 days; and
(B) the chemical has a high potential to bioaccumulate based on
credible
scientific
information
that
the
bioconcentration
factor
or
bioaccumulation factor in aquatic species for the chemical is greater than 1,000
or, in the absence of such data, that the log-octanol water partition coefficient
(log Kow) is greater than five; and
(C)
the chemical has the potential to be toxic to children as
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demonstrated by the fact that:
(i)
the
chemical
or
chemical
group
is
a
carcinogen,
a
developmental or reproductive toxicant, or a neurotoxicant;
(ii)
the chemical or chemical group has a reference dose or
equivalent toxicity measure that is less than 0.003 mg/kg/day; or
(iii)
the chemical or chemical group has a chronic no observed
effect concentration (NOEC) or equivalent toxicity measure that is less than
0.1 mg/L or an acute NOEC or equivalent toxicity measure that is less than
1.0 mg/L.
(15)
“Practical
quantification
limit
(PQL)”
means
the
lowest
concentration
that
can
be
reliably
measured
within
specified
limits
of
precision,
accuracy,
representativeness,
completeness,
and
comparability
during routine laboratory operating conditions.
(16)
“Toy” means a consumer product designed or intended by the
manufacturer to be used by a child at play.
(17)
“Vessel” means every description of watercraft used or capable of
being used as a means of transportation on water.
§ 1773.
CHEMICALS OF HIGH CONCERN TO CHILDREN
(a)
List of chemicals of high concern to children.
The following chemicals
are designated as chemicals of high concern to children for the purposes of the
requirements of this chapter:
(1)
Formaldehyde.
(2)
Aniline.
(3)
N-Nitrosodimethylamine.
(4)
Benzene.
(5)
Vinyl chloride.
(6)
Acetaldehyde.
(7)
Methylene chloride.
(8)
Carbon disulfide.
(9)
Methyl ethyl ketone.
(10)
1,1,2,2-Tetrachloroethane.
(11)
Tetrabromobisphenol A.
(12)
Bisphenol A.
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(13)
Diethyl phthalate.
(14)
Dibutyl phthalate.
(15)
Di-n-hexyl phthalate.
(16)
Phthalic anhydride.
(17)
Butyl benzyl phthalate (BBP).
(18)
N-Nitrosodiphenylamine.
(19)
Hexachlorobutadiene.
(20)
Propyl paraben.
(21)
Butyl paraben.
(22)
2-Aminotoluene.
(23)
2,4-Diaminotoluene.
(24)
Methyl paraben.
(25)
p-Hydroxybenzoic acid.
(26)
Ethylbenzene.
(27)
Styrene.
(28)
4-Nonylphenol; 4-NP and its isomer mixtures including CAS
84852-15-3 and CAS 25154-52-3.
(29)
para-Chloroaniline.
(30)
Acrylonitrile.
(31)
Ethylene glycol.
(32)
Toluene.
(33)
Phenol.
(34)
2-Methoxyethanol.
(35)
Ethylene glycol monoethyl ester.
(36)
Tris(2-chloroethyl) phosphate.
(37)
Di-2-ethylhexyl phthalate.
(38)
Di-n-octyl phthalate (DnOP).
(39)
Hexachlorobenzene.
(40)
3,3ʹ-Dimethylbenzidine
and
Dyes
Metabolized
to
3,3ʹ-Dimethylbenzidine.
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(41)
Ethyl paraben.
(42)
1,4-Dioxane.
(43)
Perchloroethylene.
(44)
Benzophenone-2 (Bp-2); 2,2ʹ,4,4ʹ-Tetrahydroxybenzophenone.
(45)
4-
tert
-Octylphenol; 4(1,1,3,3-Tetramethylbutyl) phenol.
(46)
Estragole.
(47)
2-Ethylhexanoic acid.
(48)
Octamethylcyclotetrasiloxane.
(49)
Benzene, Pentachloro.
(50)
C.I. Solvent yellow 14.
(51)
N-Methylpyrrolidone.
(52)
2,2ʹ,3,3ʹ,4,4ʹ,5,5ʹ,6,6ʹ-Decabromodiphenyl ether; BDE-209.
(53)
Perfluorooctanyl sulphonic acid and its salts; PFOS.
(54)
Phenol, 4-octyl.
(55)
2-Ethyl-hexyl-4-methoxycinnamate.
(56)
Mercury
&
mercury
compounds
including
methyl
mercury
(22967-92-6).
(57)
Molybdenum and molybdenum compounds.
(58)
Antimony and Antimony compounds.
(59)
Arsenic
and
Arsenic
compounds,
including
arsenic
trioxide
(1327-53-3) and dimethyl arsenic (75-60-5).
(60)
Cadmium and cadmium compounds.
(61)
Cobalt and cobalt compounds.
(62)
Tris(1,3-dichloro-2-propyl)phosphate.
(63)
Butylated hydroxyanisole; BHA.
(64)
Hexabromocyclododecane
(65)
Diisodecyl phthalate (DIDP).
(66)
Diisononyl phthalate (DINP).
(67)
any other chemical designated by the Commissioner as a chemical
of high concern to children by rule under section 1776 of this title.
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(b)
Beginning on July 1, 2017, and biennially thereafter, the Commissioner
of Health shall review the list of chemicals of high concern to children to
determine if additional chemicals should be added to the list under subsection
1776(b) of this title.
In reviewing the list of chemicals of high concern to
children, the Commissioner of Health may consider designations made by
other states, the federal government, other countries, or other governmental
agencies.
(c)
Publication of list.
The Commissioner shall post the list of chemicals of
high concern to children on the Department of Health website by chemical
name and Chemical Abstracts Service number.
(d)
Addition or removal from list.
Under 3 V.S.A. § 806, any person may
request that the Commissioner add or remove a chemical from the list of
chemicals of high concern to children.
(e)
PQL value.
A PQL value established under this chapter for individual
chemicals shall depend on the analytical method used for each chemical.
The
PQL value shall be based on scientifically defensible, standard analytical
methods as advised by guidance published by the Department.
§ 1774.
CHEMICALS OF HIGH CONCERN TO CHILDREN WORKING
GROUP
(a)
Creation.
A Chemicals of High Concern to Children Working Group
(Working Group) is created within the Department of Health for the purpose of
providing the Commissioner of Health advice and recommendations regarding
implementation of the requirements of this chapter.
(b)
Membership.
(1)
The Working Group shall be composed of the following members
who, except for ex officio members, shall be appointed by the Governor after
consultation with the Commissioner of Health:
(A)
the Commissioner of Health or designee, who shall be the chair
of the Working Group;
(B)
the Commissioner of Environmental Conservation or designee;
(C)
the State toxicologist or designee;
(D)
a representative of a public interest group in the State with
experience in advocating for the regulation of toxic substances;
(E)
a representative of an organization within the State with expertise
in issues related to the health of children or pregnant women;
(F)
two representatives of businesses in the State that use chemicals
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in a manufacturing or production process or use chemicals that are used in a
children’s product manufactured in the State;
(G)
a scientist with expertise regarding the toxicity of chemicals; and
(H)
a representative of the children’s products industry with expertise
in existing state and national policies impacting children’s products.
(2)(A)
In addition to the members of the Working Group appointed
under subdivision (1) of this subsection, the Governor may appoint up to three
additional adjunct members.
(B)
An adjunct member appointed under this subdivision (2) shall
have expertise or knowledge of the chemical or children’s product under
review or shall have expertise or knowledge in the potential health effects of
the chemical at issue.
(C)
Adjunct members appointed under this subdivision (2) shall have
the same authority and powers as a member of the Working Group appointed
under subdivision (1) of this subsection (b).
(3)
The members of the Working Group appointed under subdivision (1)
of this subsection shall serve staggered three-year terms.
The Governor may
remove members of the Working Group who fail to attend three consecutive
meetings and may appoint replacements.
The Governor may reappoint
members to serve more than one term.
(c)
Powers and duties.
The Working Group shall:
(1)
upon the request of the Chair of the Working Group, review
proposed chemicals for listing as a chemical of high concern to children under
section 1773 of this title; and
(2)
recommend to the Commissioner of Health whether rules should be
adopted under section 1776 of this title to regulate the sale or distribution of a
children’s product containing a chemical of high concern to children.
(d)
Commissioner of Health recommendation; assistance.
(1)
Beginning
on
July
1,
2017,
and
biennially
thereafter,
the
Commissioner of Health shall recommend chemicals of high concern to
children in children’s products for review by the Working Group.
The
Commissioner’s recommendations shall be based on the degree of human
health risks, exposure pathways, and impact on sensitive populations presented
by a chemical of high concern to children.
(2)
The Working Group shall have the administrative, technical, and
legal assistance of the Department of Health and the Agency of Natural
Resources.
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(e)
Meetings.
(1)
The Chair of the Working Group may convene the Working Group
at any time, but no less frequently than at least once every other year.
(2)
A majority of the members of the Working Group, including adjunct
members when appointed, shall constitute a quorum, and all action shall be
taken upon a majority vote of the members present and voting.
(f)
Reimbursement.
Members of the Working Group, including adjunct
members, whose participation is not supported through their employment or
association shall receive per diem compensation pursuant to 32 V.S.A. § 1010
and reimbursement of travel expenses.
A per diem authorized by this section
shall be paid from the budget of the Department of Health.
§
1775.
DISCLOSURE
OF
INFORMATION
ON CHEMICALS
OF
HIGH CONCERN
(a)
Notice requirement.
Unless the Commissioner adopts by rule a
phased-in reporting requirement under section 1776, beginning on July 1,
2015, and biennially thereafter, a manufacturer of a children’s product or a
trade association representing a manufacturer of children’s products shall
submit to the Department the notice described in subsection (b) of this section
if a chemical of high concern to children is:
(1)
intentionally added to a children’s product at a level above the PQL
produced by the manufacturer; or
(2)
present in a children’s product produced by the manufacturer as a
contaminant at a concentration of 100 parts per million or greater.
(b)
Format for notice.
The Commissioner shall specify the format for
submission of the notice required by subsection (a) of this section, provided
that the required format shall be generally consistent with the format for
submission of notice in other states with requirements substantially similar to
the requirements of this section.
Any notice submitted under subsection (a)
shall contain the following information:
(1)
the name of the chemical used or produced and its chemical abstracts
service registry number;
(2)
a description of the product or product component containing the
substance;
(3)
the amount of the chemical by weight contained in each unit of the
product or product component;
(4)
the name and address of the manufacturer of the children’s product
and the name, address, and telephone number of a contact person for the
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manufacturer;
(5)
any other information the manufacturer deems relevant to the
appropriate use of the product; and
(6)
any other information required by the Commissioner under rules
adopted pursuant to 3 V.S.A. chapter 25.
(c)
Reciprocal data-sharing.
In order for the Department to obtain the
information required in the notice described in subsection (b) of this section,
the Department may enter into reciprocal data-sharing agreements with other
states in which a manufacturer of children’s products is also required to
disclose information related to chemicals of high concern to children in
children’s
products.
The
Department
shall
not
disclose
trade
secret
information, confidential business information, or other information designated
as confidential by law under a reciprocal data-sharing agreement.
(d)
Waiver of reporting requirement.
Upon application of a manufacturer
on a form provided by the Department, the Commissioner may waive reporting
requirements under this section if a manufacturer submitted the information
required by this section to:
(1)
a state with which the Department has entered a reciprocal
data-sharing agreement; or
(2)
a trade association, the Interstate Chemicals Clearinghouse, or other
independent third party, if:
(A)
the
information
reported
to
the
third
party
is
publicly
available; and
(B)
the information required to be reported for chemicals under this
chapter is provided to the third party and access to that information is or will
be clearly available from the Department of Health website.
(e)
Chemical control program.
A manufacturer shall be exempt from the
requirements of notice under this section for any chemical of high concern to
children that is present in a children’s product or component of a children’s
product only as a contaminant if, during manufacture of the children’s product,
the manufacturer was implementing a manufacturing control program and
exercised due diligence to minimize the presence of the contaminant in the
children’s product.
(f)
Notice of removal of chemical.
A manufacturer who submitted the
notice required by subsection (a) of this section may at any time submit to the
Department notice that a chemical of high concern to children has been
removed from the manufacturer’s children’s product or that the manufacturer
no longer sells, offers for sale, or distributes in the State the children’s product
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containing the chemical of high concern to children.
Upon verification of a
manufacturer’s notice under this subsection, the Commissioner shall promptly
remove from the Department website any reference to the relevant children’s
product of the manufacturer.
(g)
Certificate of compliance.
A manufacturer required to submit notice
under this section to the Commissioner may rely on a certificate of compliance
from suppliers for determining reporting obligations.
(h)
Products for sale out of State.
A manufacturer shall not be required to
submit notice under this section for a children’s product manufactured, stored
in, or transported through Vermont solely for use or sale outside of the State of
Vermont.
(i)
Publication of information; disclaimer.
The Commissioner shall post on
the Department of Health website information submitted under this section by
a manufacturer.
When the Commissioner posts on the Department of Health
website information submitted under this section by a manufacturer, the
Commissioner shall provide the following notice:
“The reports on this website are based on data provided to the Department.
The presence of a chemical in a children’s product does not necessarily mean
that the product is harmful to human health or that there is any violation of
existing safety standards or laws.
The reporting triggers are not health-based
values.”
(j)
Fee.
A manufacturer required under this section to provide information
on its use of a chemical of high concern to children shall pay a fee of
$2,000.00 per chemical of high concern to children used by the manufacturer
in the production of children’s products.
A fee required under this subsection
shall be submitted when the manufacturer provides the first submission of
notice required under this section for each chemical of high concern to
children.
The fee required shall be required only with the first submission of
notice required under this section and shall not be required for each required
subsequent biennial notice.
Fees collected under this subsection shall be
deposited in the Chemicals of High Concern Fund for the purposes of that
Fund.
(k)
Application of section.
The requirements of this section shall apply
unless a manufacturer is exempt or unless notice according to the requirements
of this section is specifically preempted by federal law.
In the event of conflict
between the requirements of this section and federal law, federal law shall
control.
§ 1776.
RULEMAKING;
ADDITIONAL CHEMICALS OF CONCERN TO
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CHILDREN; PROHIBITION OF SALE
(a)
Rulemaking authority.
The Commissioner shall, after consultation with
the Secretary of Natural Resources, adopt rules as necessary for the purposes
of implementing, administering, or enforcing the requirements of this chapter.
(b)
Additional chemicals of concern to children.
The Commissioner may
by rule add additional chemicals to the list of chemicals of high concern to
children, provided that the Commissioner of Health, on the basis of the weight
of credible, scientific evidence, has determined that a chemical proposed for
addition to the list meets both of the following criteria in subdivisions (1) and
(2) of this subsection:
(1)
The Commissioner of Health has determined that an authoritative
governmental entity or accredited research university has demonstrated that the
chemical:
(A)
harms the normal development of a fetus or child or causes other
developmental toxicity;
(B)
causes cancer, genetic damage, or reproductive harm;
(C)
disrupts the endocrine system;
(D)
damages the nervous system, immune system, or organs or cause
other systemic toxicity; or
(E)
is a persistent bioaccumulative toxic.
(2)
The chemical has been found through:
(A)
biomonitoring to be present in human blood, umbilical cord
blood, breast milk, urine, or other bodily tissues or fluids;
(B)
sampling and analysis to be present in household dust, indoor air,
drinking water, or elsewhere in the home environment; or
(C)
monitoring to be present in fish, wildlife, or the natural
environment.
(c)
Removal of chemical from list.
The Commissioner may by rule remove
a chemical from the list of chemicals of high concern to children established
under section 1773 of this title or rules adopted under this section if the
Commissioner determines that the chemical no longer meets both of the
criteria of subdivisions (b)(1) and (2) of this section.
(d)
Rule to regulate sale or distribution.
(1)
The Commissioner, upon the recommendation of the Chemicals of
High Concern to Children Working Group, may adopt a rule to regulate the
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sale or distribution of a children’s product containing a chemical of high
concern to children upon a determination that:
(A)
children will be exposed to a chemical of high concern to
children in the children’s product; and
(B)
there is a probability that, due to the degree of exposure or
frequency of exposure of a child to a chemical of high concern to children in a
children’s product, exposure could cause or contribute to one or more of the
adverse health impacts listed under subdivision (b)(1) of this section.
(2)
In determining whether children will be exposed to a chemical of
high concern in a children’s product, the Commissioner shall review available,
credible information regarding:
(A)
the market presence of the children’s product in the State;
(B)
the type or occurrence of exposures to the relevant chemical of
high concern to children in the children’s product;
(C)
the household and workplace presence of the children’s product;
(D)
the potential and frequency of exposure of children to the
chemical of high concern to children in the children’s product.
(3)
A rule adopted under this section may:
(A)
prohibit the children’s product containing the chemical of high
concern to children from sale, offer for sale, or distribution in the State; or
(B)
require that the children’s product containing the chemical of
high concern to children be labeled prior to sale, offer for sale, or distribution
in the State.
(4)
In any rule adopted under this subsection, the Commissioner shall
adopt reasonable time frames for manufacturers, distributors, and retailers to
comply with the requirements of the rules.
No prohibition on sale or
manufacture of a children’s product in the State shall take effect sooner than
two years after the adoption of a rule adopted under this section unless the
Commissioner determines that an earlier effective date is required to protect
human health and the new effective date is established by rule.
(e)
Exemption for chemical management strategy.
In adopting a rule under
this section, the Commissioner may exempt from regulation a children’s
product containing a chemical of high concern to children if the manufacturer
of
the
children’s
product
is
implementing
a
comprehensive
chemical
management strategy designed to eliminate harmful substances or chemicals
from the manufacturing process.
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(f)
Additional rules.
(1)
On or before July 1, 2017, the Commissioner of Health shall adopt
by rule the process and procedure to be required when the Commissioner of
Health adopts a rule under subsection (b) or (c) of this section.
The rule shall
provide all relevant criteria for evaluation of the chemical, time frames for
labeling or phasing out sale or distribution, and other information or process
determined as necessary by the Commissioner for implementation of this
chapter.
(2)
The Commissioner may, by rule, authorize a manufacturer to report
ranges of the amount of a chemical in a children’s product, rather than the
exact amount, provided that if there are multiple chemical values for a given
component in a particular product category, the manufacturer shall use the
largest value for reporting.
(3)
Notwithstanding the required reporting dates under section 1774 of
this
title,
the
Commissioner
may
adopt
by
rule
phased-in
reporting
requirements for chemicals of high concern to children in children’s products
based on the size of the manufacturer, aggregate sales of children’s products,
or the exposure profile of the chemical of high concern to children in the
children’s product,
(g)
Additional public participation.
In addition to the public participation
requirements of 3 V.S.A. chapter 25 and prior to submitting a rule authorized
under this section to the Secretary of State under 3 V.S.A. § 838, the
Commissioner shall make reasonable efforts to consult with interested parties
within the State regarding any proposed prohibition of a chemical of high
concern
to children.
The
Commissioner
may
satisfy
the
consultation
requirement of this section through the use of one or more workshops, focused
work groups, dockets, meetings, or other forms of communication.
§ 1777.
CHEMICALS OF HIGH CONCERN TO CHILDREN FUND
(a) The Chemicals of High Concern to Children Fund is established in the
State Treasury, separate and distinct from the General Fund, to be administered
by the Commissioner of Health.
Interest earned by the Fund shall be credited
to the Fund.
Monies in the Fund shall be made available to the Department of
Health and the Agency of Natural Resources to pay costs incurred in
administration of the requirements of this chapter.
(b)
The Chemicals of High Concern to Children Fund shall consist of:
(1)
fees and charges collected under section 1775 of this chapter;
(2)
private gifts, bequests, grants, or donations made to the State from
any public or private source for the purposes for which the Fund was
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established; and
(3)
such sums as may be appropriated by the General Assembly.
§ 1778.
CONFIDENTIALITY
Information submitted to or acquired by the Department or the Chemicals of
High Concern to Children Working Group under this chapter may be subject to
public inspection or copying or may be published on the Department website,
provided that trade secret information and confidential business information
shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(9)
and information otherwise designated confidential by law shall be exempt from
public inspection and copying under 1 V.S.A. § 317(c)(1).
It shall be the
burden of the manufacturer to assert that information submitted under this
chapter is a trade secret, confidential business information, or is otherwise
designated confidential by law.
When a manufacturer asserts under this
section that the specific identity of a chemical of high concern to children in a
children’s product is a trade secret, the Commissioner shall, in place of the
specific chemical identity, post on the Department’s website the generic class
or category of the chemical in the children’s product and the potential health
effect of the specific chemical of high concern to children.
§ 1779.
VIOLATIONS; ENFORCEMENT
A violation of this chapter shall be considered a violation of the Consumer
Protection Act in 9 V.S.A. chapter 63.
The Attorney General has the same
authority to make rules, conduct civil investigations, enter into assurances
of discontinuance,
and
bring
civil
actions
under
9
V.S.A.
chapter
63,
subchapter 1.
Private parties shall not have a private right of action under this
chapter.
Sec. 3.
REPORT TO GENERAL ASSEMBLY; CHEMICALS OF HIGH
CONCERN TO CHILDREN
On or before January 15, 2015, and biennially thereafter, the Commissioner
of Health, after consultation with the Secretary of Natural Resources, shall
submit to the Senate Committee on Health and Welfare, the House Committee
on Human Services, the House Committee on Ways and Means, the Senate
Committee
on
Finance,
and
the
Senate
and
House
Committees
on
Appropriations,
a
report
concerning
implementation,
administration,
and
financing by the Department of Health of the requirements of 18 V.S.A.
chapter 38A regarding the chemicals of high concern to children.
The report
shall include:
(1)
Any updates to the list of chemicals of high concern to children
required under 18 V.S.A. § 1773.
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(2)
The number of manufacturers providing notice under 18 V.S.A.
§ 1775 regarding whether a children’s product includes a chemical of high
concern to children.
(3)
The number of chemicals of high concern to children for which
manufacturers asserted trade secret protection for the specific identity of the
chemical, and a recommendation of whether a process should be established to
review the validity of asserted trade secrets.
(4)
An estimate of the annual cost to the Department of Health to
implement the chemicals of high concern to children program.
(5)
The
number
of
Department
of
Health
employees
needed
to
implement the chemicals of high concern to children program.
(6)
An estimate of additional funding that the Department may require
to implement the chemicals of high concern to children program.
(7)
A recommendation of how the State should collaborate with other
states in implementing the requirements of the chemicals of high concern to
children program.
(8)
A recommendation as to whether the requirements of this chapter
should be expanded to consumer products other than children’s products.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 6-3-0 )
(For text see Senate Journal March 26, 27 2014 )
Rep.
Sharpe
of Bristol,
for
the
Committee
on
Ways
and
Means,
recommends the bill ought to pass when amended as recommended by the
Committee on
Fish, Wildlife & Water Resources
and when further amended
as follows:
First:
In Sec. 2, in 18 V.S.A. § 1775, in subsection (a), by striking out
“Notice requirement.”
where it appears and inserting in lieu thereof “Notice of
chemical of high concern to children.”
and in subsection (a), after “described in subsection (b) of this section” and
before “if a chemical of high concern” by inserting for each chemical of high
concern to children in a children’s product
Second:
In Sec. 2, 18 V.S.A. § 1775, in subdivision (b)(2), by striking out
“substance” where it appears and inserting in lieu thereof chemical
Third:
In Sec. 2, 18 V.S.A. § 1775, by striking out subsection (d) in its
- 2236 -
entirety and inserting in lieu thereof the following to read:
(d)
Waiver of format.
Upon application of a manufacturer on a form
provided by the Department, the Commissioner may waive the requirement
under subsection (b) of this section that a manufacturer provide notice in a
format specified by the Commissioner.
The waiver may be granted, provided
that:
(1)
the manufacturer submitted the information required in a notice
under this section to:
(A)
a state with which the Department has entered a reciprocal
data-sharing agreement; or
(B)
a trade association, the Interstate Chemicals Clearinghouse, or
other independent third party;
(2)
the information required to be reported in a notice under this section
is provided to the Department in an alternate format, including reference to
information
publicly
available
in
other
states
or
by
independent
third
parties; and
(3)
the information required to be reported in a notice under this section
is available on or accessible from the Department of Health website.
Fourth:
In Sec. 2, 18 V.S.A. § 1775, by striking out subsection (j) in its
entirety and inserting in lieu thereof the following:
(j)
Fee.
A manufacturer shall pay a fee of $200.00 for each notice required
under subsection (a) of this section.
If, under subsection (d) of this section, the
Commissioner waives the required format for reporting, the fee shall not be
waived.
Fees collected under this subsection shall be deposited in the
Chemicals of High Concern Fund for the purposes of that Fund.
( Committee Vote: 8-3-0)
S. 241
An act relating to binding arbitration for State employees
Rep. O'Sullivan of Burlington,
for the Committee on
General, Housing
and Military Affairs,
recommends that the House propose to the Senate that
the bill be amended as follows:
First:
In Sec. 1, by striking out subsection (b) in its entirety and inserting a
new subsection (b) to read:
(b)
Membership.
The Grievance Arbitration Study Committee shall be
composed of the following members:
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(1)
the Commissioner of Human Resources or designee;
(2)
the Executive Director of the Vermont Bar Association or designee;
(3)
one member appointed by the Vermont Troopers Association;
(4)
one
member
appointed
by
the
Vermont
State
Employees’
Association; and
(5)
the Attorney General or designee.
Second:
In Sec. 1, by striking out subsection (c) in its entirety and inserting
a new subsection (c) to read:
(c) Powers and duties.
The Committee shall:
(1)
study the issue of grievance arbitration for State employees;
(2)
assess the relative merits of various grievance protocols, including
arbitration and use of the Vermont Labor Relations Board, addressing the
ability of these protocols to provide resolution of grievances in a manner that is
economical, timely, just, and provides for appropriate privacy protections for
the parties; and
(3)
study the impact on the State if the State does not request criminal
history record information on its initial employee application form.
As used in
this subdivision, “criminal history record” shall have the same meaning as
(Committee vote: 7-1-0 )
(For text see Senate Journal March 27, 2014 )
S. 291
An act relating to the establishment of transition units at State correctional
facilities
Rep. Hooper of Montpelier,
for the Committee on
Corrections and
Institutions,
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:
Sec.
1.
TRANSITIONAL
FACILITIES;
DEPARTMENT
OF
CORRECTIONS; STUDY
(a)
Findings.
The General Assembly finds that the Department of
Corrections has experienced a rise in costs of $17,624,076.00 since FY 2012.
The General Assembly further finds that there are offenders in the State of
Vermont who are eligible for release from State correctional facilities but who
are not released due to a lack of suitable housing.
The General Assembly
- 2238 -
further finds that recidivism is reduced and public safety is enhanced when
offenders receive supervision as they transition to their home community.
Therefore, it is the intent of the General Assembly that the Department of
Corrections shall explore the creation of secure transitional facilities so that
offenders may return to their home communities.
It is also the intent of the
General Assembly that the housing in these facilities include programs for
employment, training, transportation, and other appropriate services.
It is also
the intent of the General Assembly that the Department of Corrections work
with communities to gain support for these programs and services.
(b)
Recommendations.
The Commissioner of Corrections shall examine
and make recommendations for the establishment of transitional facilities
under the supervision of the Department of Corrections.
The recommendations
shall include an evaluation of costs associated with establishing transitional
facilities, a detailed budget for funding transitional facilities, an estimate of
State capital funding needs, potential site locations, a summary of the
programming
and
services
that
are
currently
available
to
transitioning
offenders, proposals for programming and services for transitioning offenders
that may be needed, and eligibility guidelines for offenders to reside in
transitional facilities, including the number of offenders who would be eligible
for residence in a transitional facility.
(c)
Report.
On or before January 15, 2015, the Commissioner of
Corrections shall submit the recommendations described in subsection (b) of
this section to the House Committee on Corrections and Institutions and the
Senate Committee on Institutions.
(d)
Definitions.
As used in this section, “transitional facility” means
housing intended to be occupied by offenders granted furloughs to work in the
community.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 9-1-1 )
(For text see Senate Journal February 5, 2014 )
Rep. O'Brien of Richmond,
for the Committee on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
Corrections and Institutions.
(Committee Vote: 11-0-0)
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S. 293
An act relating to reporting on population-level outcomes and indicators
and on program-level performance measures
Rep. Evans of Essex,
for the Committee on
Government Operations,
recommends that the House propose to the Senate that the bill be amended as
follows:
First:
In Sec. 2, 3 V.S.A. chapter 45, subchapter 5, by striking out in its
entirety § 2313 (performance contracts and grants) and inserting in lieu thereof
a new § 2313 to read:
§ 2313.
PERFORMANCE CONTRACTS AND GRANTS
(a)
The Chief Performance Officer shall assist agencies as necessary in
developing performance measures for contracts and grants.
(b)
Annually, on or before July 30 and as part of any other report
requirement to the General Assembly set forth in this subchapter, the Chief
Performance Officer shall report to the General Assembly on the progress by
rate or percent of how many State contracts and grants have performance
accountability
requirements and the rate or
percent of
contractors’ and
grantees’ compliance with those requirements.
Second:
By striking out in its entirety Sec. 3 (initial population-level
indicators) and inserting in lieu thereof a new Sec. 3 to read:
Sec. 3.
INITIAL POPULATION-LEVEL INDICATORS
Until
any
population-level
indicators
are
requested
pursuant
to
the
provisions of Sec. 2 of this act, 3 V.S.A. § 2311(c) (requesting population-level
indicators), each population-level quality of life outcome set forth in Sec. 2 of
this
act,
3
V.S.A.
§ 2311(b)
(Vermont
population-level
quality
of
life
outcomes), and listed in this section shall have the following population-level
indicators:
(1)
Vermont has a prosperous economy.
(A)
percent or rate per 1,000 jobs of nonpublic sector employment;
(B)
median household income;
(C)
percent
of
Vermont
covered
by
state-of-the-art
telecommunications infrastructure;
(D)
median house price;
(E)
rate of resident unemployment per 1,000 residents;
(F)
percent of structurally-deficient bridges, as defined by the
- 2240 -
Vermont Agency of Transportation; and
(G)
percent of food sales that come from Vermont farms.
(2)
Vermonters are healthy.
(A)
percent of adults 20 years of age or older who are obese;
(B)
percent of adults smoking cigarettes;
(C)
number of adults who are homeless;
(D)
percent of individuals and families living at different poverty
levels;
(E)
percent of adults at or below 200 percent of federal poverty
level; and
(F)
percent of adults with health insurance.
(3)
Vermont’s environment is clean and sustainable.
(A)
cumulative number of waters subject to TMDLs or alternative
pollution control plans;
(B)
percent of water, sewer, and stormwater systems that meet
federal and State standards;
(C)
carbon dioxide per capita; and
(D)
electricity by fuel or power type.
(4)
Vermont’s communities are safe and supportive.
(A)
rate of petitions granted for relief from domestic abuse per 1,000
residents;
(B)
rate of violent crime per 1,000 crimes;
(C)
rate of sexual assault committed against residents per 1,000
residents;
(D)
percent of residents living in affordable housing;
(E)
percent or rate
per 1,000 people convicted of crimes of
recidivism;
(F)
incarceration rate per 100,000 residents; and
(G)
percent or rate per 1,000 residents of residents entering the
corrections system.
(5)
Vermont’s families are safe, nurturing, stable, and supported.
(A)
number and rate per 1,000 children of substantiated reports of
- 2241 -
child abuse and neglect;
(B)
number of children who are homeless;
(C)
number of families that are homeless; and
(D)
number and rate per 1,000 children and youth of children and
youth in out-of-home care.
(6)
Vermont’s children and young people achieve their potential,
including:
(A)
Pregnant women and young people thrive.
(i)
percent of women who receive first trimester prenatal care;
(ii)
percent of live births that are preterm (less than 37 weeks);
(iii)
rate of infant mortality per 1,000 live births;
(iv)
percent of children at or below 200 percent of federal
poverty level; and
(v)
percent of children with health insurance.
(B)
Children are ready for school.
(i)
percent of kindergarteners fully immunized with all five
vaccines required for school;
(ii)
percent of first-graders screened for vision and hearing
problems;
(iii)
percent of children ready for school in all five domains of
healthy development; and
(iv)
percent of children receiving State subsidy enrolled in high
quality early childhood programs that receive at least four out of five stars
under State standards.
(C)
Children succeed in school.
(i)
rate of school attendance per 1,000 children;
(ii)
percent of children below the basic level of fourth grade
reading achievement under State standards; and
(iii)
rate of high school graduation per 1,000 high school students.
(D)
Youths choose healthy behaviors.
(i)
rate of pregnancy per 1,000 females 15–17 years of age;
(ii)
rate of pregnancy per 1,000 females 18–19 years of age;
- 2242 -
(iii)
percent of adolescents smoking cigarettes;
(iv)
percent of adolescents who used marijuana in the past
30 days;
(v)
percent of adolescents who reported ever using a prescription
drug without a prescription;
(vi)
percent of adolescents who drank alcohol in the past
30 days; and
(vii)
number and rate per 1,000 minors of minors who are under
the supervision of the Department of Corrections.
(E)
Youths successfully transition to adulthood.
(i)
percent of high school seniors with plans for education,
vocational training, or employment;
(ii)
percent of graduating high school seniors who continue their
education within six months of graduation;
(iii)
percent of all deaths for youths 10–19 years of age;
(iv)
rate of suicide per 100,000 Vermonters;
(v)
percent of adolescents with a suicide attempt that requires
medical attention;
(vi)
percent of high school graduates entering postsecondary
education, work, or training;
(vii)
percent of completion of postsecondary education; and
(viii)
rate of high school graduates entering a training program per
1,000 high school graduates.
(7)
Vermont’s elders and people with disabilities and people with
mental conditions live with dignity and independence in settings they prefer.
(A)
rate of confirmed reports of abuse and neglect of vulnerable
adults per 1,000 vulnerable adults; and
(B)
percent of elders living in institutions versus home care.
(8)
Vermont has open, effective, and inclusive government at the State
and local levels.
(A)
percent of youth who spoke to their parents about school;
(B)
percent of youth who report they help decide what goes on in
their school;
- 2243 -
(C)
percent of eligible population voting in general elections;
(D)
percent of students volunteering in their community in the
past week;
(E)
percent of youth who feel valued by their community; and
(F)
percent of youth that report their teachers care about them and
give them encouragement.
(Committee vote: 10-1-0 )
(For text see Senate Journal March 20, 21, 2014 )
S. 295
An act relating to pretrial services, risk assessments, and criminal justice
programs
Rep. Lippert of Hinesburg,
for the Committee on
Judiciary,
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:
Sec. 1.
LEGISLATIVE FINDINGS
(a)
It is the intent of the General Assembly that law enforcement officials
and criminal justice professionals develop and maintain programs at every
stage of the criminal justice system to provide alternatives to a traditional
punitive criminal justice response for people who, consistent with public
safety, can effectively and justly benefit from those alternative responses.
These programs shall be reflective of the goals and principles of restorative
justice pursuant to 28 V.S.A. § 2a.
Commonly referred to as the sequential
intercept model, this approach was designed to identify five points within the
criminal
justice
system
where
innovative
approaches
to
offenders
and
offending behavior could be taken to divert individuals away from a traditional
criminal justice response to crime.
These intercept points begin in the
community with law enforcement interaction with citizens, proceed through
arrest, the judicial process, and sentencing, and conclude with release back into
communities.
Alternative justice programs may include the employment of
police-social
workers,
community-based
restorative
justice
programs,
community-based dispute resolution, precharge programs, pretrial services and
case management, recovery support, DUI and other drug treatment courts,
suspended fine programs, and offender reentry programs.
(b)
Research
shows
the
risk-need-responsivity
model
approach
to
addressing criminal conduct is successful at reducing recidivism.
The model’s
premise is that the risk and needs of a person charged with or convicted of a
criminal offense should determine the strategies appropriate for addressing the
- 2244 -
person’s criminogenic factors.
(c)
Some
studies
show
that
incarceration
of
low-risk
offenders
or
placement of those offenders in programs or supervision designed for high-risk
offenders may increase the likelihood of recidivism.
(d)
The General Assembly recommends use of evidence-based risk
assessments
and needs
screening
tools
for
eligible
offenses
to
provide
information to the Court for the purpose of determining bail and appropriate
conditions of release and informing decisions by the State’s Attorney and the
Court related to a person’s participation and level of supervision in an
alternative justice program.
(e)
As used in this act:
(1)
“Clinical assessment” means the procedures, to be conducted after a
client has been screened, by which a licensed or otherwise approved counselor
identifies and evaluates and individual’s strengths, weaknesses, problems, and
needs for the development of a treatment plan.
(2)
“Needs screening” means a preliminary systematic procedure to
evaluate the likelihood that an individual has a substance abuse or a mental
health condition.
(3)
“Risk assessment” means a pretrial assessment that is designed to be
predictive of a person’s failure to appear in court and risk of violating pretrial
conditions of release with a new alleged offense.
(f)
The General Assembly intends this act to be a continuation of justice
reinvestment
efforts
initiated
in
2007
by
the
Legislative,
Judicial,
and
Executive Branches.
Justice reinvestment is a data-driven approach to improve
public safety, reduce corrections and related criminal justice spending, and
reinvest
savings
in
strategies
that
can
decrease
crime
and
strengthen
communities.
(g)
Buprenorphine/Naloxone (Suboxone or Subutex) is a well-known
medication used in the treatment of opioid addiction.
Vermont spends
$8.3 million in Medicaid funds annually on these drugs.
As medicated-assisted
treatment for opiate addiction has increased substantially in the last several
years, so has illegal diversion of these drugs and their misuse.
Suboxone is
currently the number one drug smuggled into Vermont correctional facilities
and evidence suggests that the nonmedical use of such drugs is gaining in
popularity.
The General Assembly urges the administration to prioritize efforts
to ensure that people with opiate addictions are provided access to necessary
medication, while taking all possible measures to prevent the diversion and
misuse of these drugs, including working with drug manufacturers.
- 2245 -
(h)
Approximately 54,000 Vermonters have abused or been dependent on
alcohol or illicit drugs in the past year, according to the current National
Survey on Drug Use and Health.
More people abuse or are dependent on
alcohol (approximately 39,000) than all illicit drugs combined (18,000).
Many
Vermonters struggle with both alcohol and illicit drugs.
Substance abuse is
expensive, and not solely due to the cost of providing treatment.
Research
indicates that $1.00 invested in addiction treatment saves between $4.00 and
$7.00 in reduced drug-related crime, criminal justice costs, and theft.
Earlier
intervention to provide services before major problems develop can save even
more.
(i)
According to the Agency of Human Services’ Report on Substance
Abuse Continuum of Services and Recommendations, dated January 15, 2014,
despite the number of people with substance use disorders, this condition is
significantly under-treated for many reasons.
In addition, it reports that one of
the challenges associated with attracting and retaining qualified individuals to
the field of substance abuse treatment and prevention is that there are
insufficient training opportunities, no opportunities for private practitioner
Licensed Alcohol and Drug Counselors (LADC) to receive payment for
providing services to Medicaid eligible patients, and low wages for LADCs
working in community provider settings.
Sec. 2.
13 V.S.A. § 7554c is added to read:
§ 7554c.
PRETRIAL RISK ASSESSMENTS; NEEDS SCREENINGS
(a)(1)
The objective of a pretrial risk assessment is to provide information
to the Court for the purpose of determining whether a person presents a risk of
nonappearance or a threat to public safety, so the Court can make an
appropriate order concerning bail and conditions of pretrial release.
(2)
The objective of a pretrial needs screening is to obtain a preliminary
indication of whether a person has a substantial substance abuse or mental
health issue that would warrant a subsequent court order for a more detailed
clinical assessment.
(3)
Participation in a risk assessment or needs screening pursuant to this
section does not create any entitlement for the assessed or screened person.
(b)(1)
A person whose offense or status falls into any of the following
categories shall be offered a risk assessment and, if deemed appropriate by the
pretrial monitor, a needs screening prior to arraignment:
(A)
misdemeanor drug offenses cited into court;
(B)
felony drug offenses cited into court;
(C)
felonies that are not listed crimes cited into court;
- 2246 -
(D)
persons who are arrested and lodged and unable to post bail
within 24 hours of lodging, excluding persons who are charged with an offense
for which registration as a sex offender is required upon conviction pursuant to
subchapter 3 of chapter 167 of this title or an offense punishable by up to life
imprisonment; and
(E)
persons not charged with a listed crime who are identified by law
enforcement, the prosecution, the defense, probation and parole personnel, the
Court, a treatment provider, or a family member or friend as having a
substantial substance abuse or mental health issue.
(2)
Participation in an assessment or screening shall be voluntary.
(3)
In the event an assessment or screening cannot be obtained prior to
arraignment, the Court shall direct the assessment and screening to be
conducted as soon as practicable.
(4)
A person who qualifies pursuant to subdivision (1)(A)–(E) of this
subsection and who has an additional pending charge or a violation of
probation shall not be excluded from being offered a risk assessment or needs
screening unless the other charge is a listed crime as defined in section 5301 of
this title.
(5)
Nothing in this section shall be construed to limit the Court’s
authority to order an assessment or screening as a condition of release under
section 7554 of this title.
(6)
The Administrative Judge and Court Administrator, in consultation
with the Secretary of Human Services and the Commissioner of Corrections,
shall develop a statewide plan for the phased, consistent rollout of the
categories identified in subdivisions (1)(A) through (E) of this subsection.
All
persons whose offense or status falls into one of the categories shall be eligible
for a risk assessment or needs screening on or before January 1, 2016.
Prior to
that date, a person shall not be guaranteed the offer of a risk assessment or
needs screening solely because the person’s offense or status falls into one of
the categories.
Criminal justice professionals charged with implementation
shall adhere to the plan.
(c)
The results of the assessment and screening shall be provided to the
prosecutor who, upon filing a criminal charge against the person, shall provide
the results to the person and his or her attorney and the Court.
(d)(1)
In consideration of the assessment and screening, the Court may
order the person to comply with any of the following conditions:
(A)
meet with a pretrial monitor on a schedule set by the Court;
(B)
participate in a clinical assessment by a substance abuse
- 2247 -
treatment provider;
(C)
comply
with
any
level
of
treatment
or
recovery
support
recommended by the provider;
(D)
provide confirmation to the pretrial monitor of the person’s
attendance and participation in the clinical assessment and any recommended
treatment; and
(E)
provide confirmation to the pretrial monitor of the person’s
compliance with any other condition of release.
(2)
If possible, the Court shall set the date and time for the assessment at
arraignment.
In the alternative, the pretrial monitor shall coordinate the date,
time, and location of the clinical assessment and advise the Court, the person
and his or her attorney, and the prosecutor.
(3)
The conditions authorized in subdivision (1) of this subsection shall
be in addition to any other conditions of release permitted by law and shall not
limit the Court in any way.
(e)(1)
Information obtained from the person during the risk assessment or
needs screening shall be exempt from public inspection and copying under the
Public Records Act and, except as provided in subdivision (2) of this
subsection, only may be used for determining bail, conditions of release, and
appropriate programming for the person in the pending case.
The immunity
provisions of this subsection apply only to the use and derivative use of
information gained as a proximate result of the risk assessment or needs
screening.
(2) The person shall retain all of his or her due process rights throughout
the assessment and screening process and may release his or her records at his
or her discretion.
(3)
The Vermont Supreme Court in accordance with judicial rulemaking
as provided in 12 V.S.A. § 1 shall promulgate and the Department of
Corrections in accordance with the Vermont Administrative Procedure Act
pursuant to 3 V.S.A. chapter 25 shall adopt rules related to the custody,
control, and preservation of information consistent with the confidentiality
requirements of this section.
Emergency rules adopted prior to January 1,
2015 pursuant to this section shall be considered to meet the “imminent peril”
standard under 3 V.S.A. § 844(a).
(f)
The Administrative Judge shall develop guidelines for the appropriate
use of court-ordered pretrial monitoring services based upon the risk and needs
of the defendant.
Sec. 3.
RISK ASSESSMENT AND NEEDS SCREENING TOOLS AND
- 2248 -
SERVICES
(a)
The Department of Corrections shall select risk and needs assessment
and screening tools for use in the various decision points in the criminal justice
system,
including
pretrial,
community
supervision
screening,
community
supervision, prison screening, prison intake, and reentry.
(b)
In selection and implementation of the tools, the Department shall
consider tools being used in other states and shall consult with and have the
cooperation of all criminal justice agencies.
(c)
The Department shall have the tools available for use on or before
September 1, 2014.
The Department, the Judiciary, the Defender General, and
the Executive Director and the Department of State’s Attorneys and Sheriffs
shall conduct training on the risk assessment tools on or before December 15,
2014.
(d)
The Department, in consultation with law enforcement agencies and the
courts, shall contract for or otherwise provide pretrial services described in this
section, including performance of risk assessments, needs screenings, and
pretrial monitoring.
The contract shall include requirements to comply with
data collection and evaluation procedures.
(e)
Pretrial monitoring may include:
(1)
reporting to the Court concerning the person’s compliance with
conditions of release;
(2)
supporting the person in meeting the conditions imposed by the
Court, including the condition to appear in Court as directed;
(3)
identifying community-based treatment, rehabilitative services,
recovery supports, and restorative justice programs; and
(4)
supporting a prosecutor’s precharge program.
(f)(1)
The Department, in consultation with the Judiciary and the Crime
Research Group, shall develop and implement a system to evaluate goals and
performance of the pretrial services described in this section and report to the
General Assembly annually on or before December 15.
(2)
The
Agency
of
Human
Services,
in
consultation
with
the
Judiciary, shall ensure that a study is conducted to include an outcome study,
process evaluation and cost benefit analysis.
(g)
The Secretary of Human Services, with staff and administrative support
from the Criminal Justice Capable Core Team, shall map services and assess
the impact of court referrals and the capacity of the current service provision
system in each region.
The Secretary, in collaboration with service providers
- 2249 -
and other stakeholders, shall consider regional resources, including services for
assessment, early intervention, treatment, and recovery support.
Building on
existing models and data, the Secretary and the Criminal Justice Capable Core
Team shall develop recommendations for a system for referral based on the
appropriate level of need, identifying existing gaps to optimize successful
outcomes.
Funding models for those services shall be examined by the
appropriate State departments.
The recommendation for the system for referral
shall be inclusive of all initiatives within the Agency of Human Services,
including
those
within
the
Blueprint
for
Health
and
Screening, Brief
Intervention, and Referral for Treatment (SBIRT), as well as initiatives within
the Green Mountain Care Board and the State Innovation Model (SIM) grant.
* * * Alternative Justice Programs * * *
Sec. 4.
PROSECUTOR PRECHARGE PROGRAM GUIDELINES AND
REPORTING
(a)
The Department of State’s Attorneys and Sheriffs, in consultation with
the Judiciary and the Attorney General, shall develop broad guidelines for
precharge programs to ensure there is probable cause and that there are
appropriate opportunities for victim input and restitution.
(b)
On or before October 1, 2014, and annually thereafter, the Executive
Director of the Department of State’s Attorneys and Sheriffs shall report to the
General Assembly detailing the alternative justice programs that exist in each
county together with the protocols for each program, the annual number of
persons served by the program, and a plan for how a sequential intercept model
can be employed in the county.
The report shall be prepared in cooperation
with the Director of Court Diversion, a co-chair of the Community Justice
Network of Vermont, and State, municipal, and county law enforcement
officials.
Sec. 5.
[Deleted.]
Sec. 6.
13 V.S.A. § 5362(c) is amended to read:
(c)
The Restitution Unit shall have the authority to:
* * *
(7)
Enter into a repayment contract with a juvenile or adult accepted into
a diversion program or alternative justice program and to bring a civil action to
enforce the contract when a diversion program has referred an individual
pursuant to 3 V.S.A. § 164a or an alternative justice program contract pursuant
to section 7554c of this title or a prosecutor precharge program.
Sec. 7.
13 V.S.A. § 5363(d)(2) is amended to read:
(2)
The Restitution Unit may make advances of up to $10,000.00
- 2250 -
$5,000.00 under this subsection to the following persons or entities:
* * *
(B)
A victim who is a natural person or the natural person’s legal
representative in a case where the defendant, before or after an adjudication of
guilt, enters into a drug court contract or an alternative justice program contract
pursuant to section 7554c of this title or a prosecutor precharge program
requiring payment of restitution.
* * * Criminal Provisions * * *
Sec. 8.
18 V.S.A. § 4235b is added to read:
§ 4235b.
TRANSPORTATION OF DRUGS INTO THE STATE;
AGGRAVATING FACTOR
When imposing a sentence for a felony violation of dispensing or selling a
regulated drug in violation of this chapter, the Court shall consider as an
aggravating factor whether the person knowingly and unlawfully transported
the regulated drug into Vermont.
Sec. 9.
13 V.S.A. § 1201 is amended to read:
§ 1201.
BURGLARY
(a)
A person is guilty of burglary if he or she enters any building or
structure knowing that he or she is not licensed or privileged to do so, with the
intent to commit a felony, petit larceny, simple assault, or unlawful mischief.
This provision shall not apply to a licensed or privileged entry, or to an entry
that takes place while the premises are open to the public, unless the person,
with the intent to commit a crime specified in this subsection, surreptitiously
remains in the building or structure after the license or privilege expires or
after the premises no longer are open to the public.
(b)
As used in this section, the words “building,” “structure,” and
“premises”:
(1)
“Building,” “premises,” and “structure” shall, in addition to their
common meanings, include and mean any portion of a building, structure, or
premises which differs from one or more other portions of such building,
structure, or premises with respect to license or privilege to enter, or to being
open to the public.
(2)
“Occupied dwelling” means a building used as a residence, either
full-time or part-time, regardless of whether someone is actually present in the
building at the time of entry.
(c)(1)
A person convicted of burglary into an occupied dwelling shall be
imprisoned not more than 25 years or fined not more than $1,000.00, or both.
- 2251 -
Otherwise, a person convicted of burglary shall be imprisoned not more than
15 years or fined not more than $1,000.00, or both.
(2)
When imposing a sentence under this section, the Court shall
consider as an aggravating factor whether, during commission of the offense,
the person:
(A)
entered the building when someone was actually present;
(B)
used or threatened to use force against the occupant; or
(C)
carried a dangerous or deadly weapon, openly or concealed,
during the commission of the offense, and the person has not been convicted of
a violation of section 4005 of this title in connection with the offense.
Sec. 10.
DEPARTMENT OF PUBLIC SAFETY REPORT
The Department of Public Safety, in consultation with the Department of
Health, shall examine 18 V.S.A. § 4234 (depressant, stimulant, narcotic drug)
for the purpose of establishing clear dosage amounts for narcotics as they
relate to unlawful possession, dispensing, and sale.
The Department shall
consider
section
4234
in
relation
to
18
V.S.A.
§ 4233
(heroin).
The
Department
shall
report
its
recommendations
to
the
Senate
and
House
Committees on Judiciary on or before December 15, 2014.
* * * Regulation of Opiates * * *
Sec. 11.
DVHA AUTHORITY; USE OF AVAILABLE SANCTIONS
The Department of Vermont Health Access shall use its authority to
sanction Medicaid-participating prescribers, whether practicing in or outside
the State of Vermont, operating in bad faith or not in compliance with State or
federal requirements.
Sec. 12.
CONTINUED MEDICATION-ASSISTED TREATMENT FOR
INCARCERATED PERSONS
(a)
The
Department
of
Corrections,
in
consultation
with
the
Medication-Assisted Treatment for Inmates Work Group created by 2013 Acts
and Resolves No. 67, Sec. 11, shall develop and implement a one-year
demonstration
project
to
pilot
the
continued
use
of
medication-assisted
treatment within Department facilities for detainees and sentenced inmates.
(b)
The pilot project shall offer continued medication-assisted treatment for
opioid dependence with methadone or buprenorphine and a prescribed taper as
appropriate
to
incarcerated
persons
who
were
participating
in
medication-assisted
treatment
in
the
community
immediately
prior
to
incarceration.
- 2252 -
(c)
As
used
in
this
section,
“prescribed
taper”
means
a
clinically
appropriate
medication
taper
that
is
designed
to
minimize
withdrawal
symptoms and limit avoidable suffering.
(d)
The Commissioner of Corrections shall publish an interim revision
memorandum to replace Directive 363.01 as recommended by the Medication-
Assisted Treatment for Inmates Work Group.
(e)
On or before July 30, 2014, the Department shall enter into memoranda
of understanding with the Department of Health and with hub treatment
providers regarding ongoing medication-assisted treatment for persons in the
custody of the Department.
(f)
The Department shall collaborate with the Department of Health to
facilitate the provision of opioid overdose prevention training for pilot project
participants who are incarcerated and the distribution of overdose rescue kits
with naloxone at correctional facilities to persons who are transitioning from
incarceration back into the community.
(g)
The Departments of Corrections and of Health shall continue the
Medication-Assisted Treatment for Inmates Work Group created by 2013 Acts
and Resolves No. 67, Sec. 11 to inform and monitor implementation of the
demonstration project.
The Departments shall evaluate the demonstration
project and provision of medication-assisted treatment to persons who are
incarcerated in Vermont and report their findings, including a proposed
schedule
of
expansion,
to
the
House
Committees
on
Corrections
and
Institutions, on Human Services, and on Judiciary, the Senate Committees on
Health and Welfare and on Judiciary, and the Joint Committee on Corrections
Oversight on or before January 1, 2015.
Sec. 13.
VPMS QUERY; RULEMAKING
The Secretary of Human Services shall adopt rules requiring:
(1)
All Medicaid participating providers, whether licensed in or outside
Vermont, who prescribe buprenorphine or a drug containing buprenorphine to
a Vermont Medicaid beneficiary to query the Vermont Prescription Monitoring
System the first time they prescribe buprenorphine or a drug containing
buprenorphine for the patient and at regular intervals thereafter.
Regular
intervals shall exceed the requirements for other Schedule III pharmaceuticals,
and queries shall be done prior to prescribing a replacement prescription.
The
rules shall also include dosage thresholds, which may be exceeded only with
prior approval from the Chief Medical Officer of the Department of Vermont
Health Access or designee.
(2)
All providers licensed in Vermont who prescribe buprenorphine or a
- 2253 -
drug containing buprenorphine to a Vermont patient who is not a Medicaid
beneficiary to query the Vermont Prescription Monitoring System the first time
they prescribe buprenorphine or a drug containing buprenorphine for the
patient and at regular intervals thereafter.
Regular intervals shall exceed the
requirements for other Schedule III pharmaceuticals, and queries shall be done
prior to prescribing a replacement prescription.
The rules shall also include
dosage thresholds.
Sec. 14.
MEDICATION-ASSISTED THERAPY; RULEMAKING
The
Commissioner
of
Health
shall
adopt
rules
relating
to
medication-assisted therapy for opioid dependence for physicians treating
fewer than 30 patients, which shall include a requirement that such physicians
ensure that their patients are screened or assessed to determine their need for
counseling and that patients who are determined to need counseling or other
support services are referred for appropriate counseling from a licensed clinical
professional or for other services as needed.
Sec. 15.
26 V.S.A. chapter 36, subchapter 8 is added to read:
Subchapter 8.
Naloxone Hydrochloride
§ 2080.
NALOXONE
HYDROCHLORIDE;
DISPENSING
OR
FURNISHING
(a)
The Board of Pharmacy shall adopt protocols for licensed pharmacists
to dispense or otherwise furnish naloxone hydrochloride to patients who do not
hold an individual prescription for naloxone hydrochloride.
Such protocols
shall be consistent with rules adopted by the Commissioner of Health.
(b)
Notwithstanding any provision of law to the contrary, a licensed
pharmacist may dispense naloxone hydrochloride to any person as long as the
pharmacist complies with the protocols adopted pursuant to subsection (a) of
this section.
Sec. 16.
33 V.S.A. § 813 is added to read:
§ 813.
MEDICAID PARTICIPATING PROVIDERS
The Department of Vermont Health Access shall grant authorization to a
licensed alcohol and drug abuse counselor to participate as a Medicaid
provider to deliver clinical and case
coordination services to Medicaid
beneficiaries, regardless of whether the counselor is a preferred provider.
Sec. 16a.
DEPARTMENT OF CORRECTIONS AND HEALTH CARE
REFORM
(a)
The Agency of Human Services and its departments shall assist the
- 2254 -
Department of Corrections in fully enacting the provisions of the Affordable
Care Act and Vermont’s health care reform initiatives as they pertain to
persons
in
the
criminal
justice
population,
including
access
to
health
information technology, the Blueprint for Health, Medicaid enrollment, the
health benefit exchange, health plans, and other components under the
Department of Vermont Health Access that support and ensure a seamless
process for reentry to the community or readmission to a correctional facility.
(b)
The Department of Corrections shall include substance abuse and
mental health services in its request for proposal (RFP) process for inmate
health services.
Through the RFP, the Department shall require that substance
abuse and mental health services be provided to persons while incarcerated.
Sec. 17.
18 V.S.A. § 4254 is amended to read:
§ 4254.
IMMUNITY FROM LIABILITY
* * *
(d)
A person who seeks medical assistance for a drug overdose or is the
subject of a good faith request for medical assistance pursuant to subsection (b)
or (c) of this section shall not be subject to any of the penalties for violation of
13 V.S.A. § 1030 (violation of a protection order), for a violation of this
chapter or 7 V.S.A §§ 656 and 657, for being at the scene of the drug overdose,
or for being within close proximity to any person at the scene of the drug
overdose.
(e)
A person who seeks medical assistance for a drug overdose or is the
subject of a good faith request for medical assistance pursuant to subsection (b)
or (c) of this section shall not be subject to any sanction for a violation of a
condition of pretrial release, probation, furlough, or parole for a violation of
this chapter or 7 V.S.A §§ 656 and 657, for being at the scene of the drug
overdose, or for being within close proximity to any person at the scene of the
drug overdose.
* * *
(g)
The immunity provisions of this section apply only to the use and
derivative use of evidence gained as a proximate result of the person’s seeking
medical assistance for a drug overdose, being the subject of a good faith
request for medical assistance, being at the scene, or being within close
proximity to any person at the scene of the drug overdose for which medical
assistance was sought and do not preclude prosecution of the person on the
basis of evidence obtained from an independent source.
Sec. 18.
EFFECTIVE DATES
(a)
Secs. 2, 6, and 7 shall take effect on January 1, 2015.
(b)
This section and Secs. 1 (legislative intent), 3 (risk assessment and
- 2255 -
needs screening tools), 4 (prosecutor precharge programs and reporting),
10 (Department of Public Safety report), 13 (VPMS query; rulemaking),
14 (medication assisted therapy, rulemaking), and 17 (immunity from liability)
shall take effect on passage.
(c)
The remaining sections shall take effect on July 1, 2014.
(Committee vote: 9-0-2 )
(For text see Senate Journal March 12, 13 2014 )
Favorable
S. 316
An act relating to child care providers
Rep. Stevens of Waterbury,
for the Committee on
General, Housing and
Military Affairs
, recommends that the bill ought to pass in concurrence.
(Committee Vote: 6-2-0)
(For text see Senate Journal February 27, 28, 2014 )
Senate Proposal of Amendment
H. 483
An act relating to adopting revisions to Article 9 of the Uniform Commercial
Code
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, in § 9-801, by striking out the following: “2013” and
inserting in lieu thereof the following: 2014.
Second:
In Sec. 2, by striking out the following: “2013” and inserting in
lieu thereof the following: 2014.
(For text see House Journal April 30, 2014 )
Rep. Rep. Carr of Brandon,
for the Committee on
Commerce and
Economic Development,
moves that the House concur in the Senate Proposal
of Amendment.
(Committee Vote: 10-0-1)
H. 874
An act relating to consent for admission to hospice care and for DNR/COLST
orders
The Senate proposes to the House to amend the bill as follows:
First:
By striking out Sec. 2 in its entirety and inserting a new Sec. 2 to read
- 2256 -
as follows:
Sec. 2.
18 V.S.A. § 9708(f) is amended to read:
(f)
The Department of Health shall adopt by rule no later than on or before
July 1, 2014 2016, criteria for individuals who are not the patient, agent, or
guardian, but who are giving informed consent for a DNR/COLST order. The
rules shall include the following:
(1)
other
individuals
permitted
to
give
informed
consent
for
a
DNR/COLST order who shall be a family member of the patient or a person
with a known close relationship to the patient; and
(2)
parameters for how decisions should be made, which shall include at
a minimum the protection of a patient’s own wishes in the same manner as in
section 9711 of this title; and
(3)
access to a hospital’s internal ethics protocols for use when there is a
disagreement over the appropriate person to give informed consent.
Second:
By adding three new sections to be numbered Secs. 3, 4 and 5 to
read as follows:
Sec. 3.
14 V.S.A. § 3075(g) is amended to read:
(g)(1)
The guardian shall obtain prior written approval by the probate
division Probate Division of the superior court Superior Court following notice
and hearing:
(A)
if the person under guardianship objects to the guardian’s
decision, on constitutional grounds or otherwise;
(B)
if the court Court orders prior approval for a specific surgery,
procedure, or treatment, either in its initial order pursuant to subdivision
3069(c)(2) of this title or anytime after appointment of a guardian;
(C)
except as provided in subdivision (2) of this subsection, and
unless
the
guardian
is
acting
pursuant
to
an
advance
directive,
before
withholding or withdrawing life-sustaining treatment other than antibiotics; or
(D)
unless the guardian is acting pursuant to an advance directive,
before
consenting
to
a
do-not-resuscitate
order or
clinician order
for
life-sustaining treatment, as defined in 18 V.S.A. § 9701(6), unless a clinician
as defined in 18 V.S.A. § 9701(5) certifies that the person under guardianship
is likely to experience cardiopulmonary arrest before court Court approval can
be obtained.
In such circumstances, the guardian shall immediately notify the
court Court of the need for a decision, shall obtain the clinician’s certification
prior to consenting to the do-not-resuscitate order or clinician order for life-
sustaining treatment, and shall file the clinician’s certification with the court
- 2257 -
Court after consent has been given.
(2)
The requirements of subdivision (1)(C) of this subsection shall not
apply if obtaining a court Court order would be impracticable due to the need
for a decision before court Court approval can be obtained.
In such
circumstances, the guardian shall immediately notify the court Court by
telephone of the need for a decision, and shall notify the court Court of any
decision made.
Sec. 4.
18 V.S.A. § 9701 is amended to read:
§ 9701.
DEFINITIONS
As used in this chapter:
* * *
(11)
“Guardian” means a person appointed by the Probate Division of
the Superior Court who has the authority to make medical decisions pursuant
* * *
Sec. 5.
18 V.S.A. § 9708 is amended to read:
§
9708.
AUTHORITY
AND
OBLIGATIONS
OF
HEALTH
CARE
PROVIDERS, HEALTH CARE FACILITIES, AND RESIDENTIAL CARE
FACILITIES
REGARDING
DO-NOT-RESUSCITATE
ORDERS
AND
CLINICIAN
ORDERS
FOR LIFE
SUSTAINING LIFE-SUSTAINING
TREATMENT
(a)
As used in this section, “DNR/COLST” shall mean a do-not-resuscitate
order (“DNR”) and a clinician order for life sustaining life-sustaining treatment
(“COLST”) as defined in section 9701 of this title.
(b)
A DNR order and a COLST shall be issued on the Department of
Health’s
“Vermont
DNR/COLST
form”
as
designated
by
rule
by
the
Department of Health.
(c)
Notwithstanding subsection (b) of this section, health care facilities and
residential care facilities may document DNR/COLST orders in the patient’s
medical record in a facility-specific manner when the patient is in their care.
(d)
A DNR order must:
(1)
be signed by the patient’s clinician;
(2)
certify that the clinician has consulted, or made an effort to consult,
with the patient, and the patient’s agent or guardian, if there is an appointed
agent or guardian;
(3)
include either:
- 2258 -
(A)
the name of the patient,; agent,; guardian, in accordance with
14 V.S.A. § 3075(g); or other individual giving informed consent for the DNR
and the individual’s relationship to the patient; or
(B)
certification that the patient’s clinician and one other named
clinician have determined that resuscitation would not prevent the imminent
death of the patient, should the patient experience cardiopulmonary arrest; and
(4)
if the patient is in a health care facility or a residential care facility,
certify that the requirements of the facility’s DNR protocol required by section
9709 of this title have been met.
(e)
A COLST must:
(1)
be signed by the patient’s clinician; and
(2)
include the name of the patient,; agent,; guardian, in accordance with
14 V.S.A. § 3075(g); or other individual giving informed consent for the
COLST and the individual’s relationship to the patient.
* * *
And by renumbering the remaining section of the bill to be numerically
correct.
(No House Amendments )
H. 875
An act relating to the elimination of a defendant’s right to a trial by jury in
traffic appeals and fines for driving with license suspended
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.
4 V.S.A. § 1109 is amended to read:
§ 1109.
REMEDIES FOR FAILURE TO PAY
(a)
As used in this section:
(1)
“Amount due” means all financial assessments contained in a
judicial
bureau Judicial
Bureau judgment,
including
penalties,
fines,
surcharges, court costs, and any other assessment authorized by law.
(2)
“Designated
collection
agency”
means
a
collection
agency
designated by the court administrator Court Administrator.
(3)
“Designated credit bureau” means a credit bureau designated by the
court administrator or the court administrator’s designee.
[Repealed.]
(b)
A judicial bureau Judicial Bureau judgment shall provide notice that a
$30.00 fee shall be assessed for failure to pay within 30 days.
If the defendant
- 2259 -
fails to pay the amount due within 30 days, the fee shall be added to the
judgment amount and deposited in the court technology special fund Court
Technology Special Fund established pursuant to section 27 of this title.
(c)
Civil contempt proceedings.
If an amount due remains unpaid for
75 days after the judicial bureau Judicial Bureau provides the defendant with a
notice of judgment, the judicial bureau Judicial Bureau may initiate civil
contempt proceedings pursuant to this subsection.
(1)
Notice of hearing.
The judicial bureau Judicial Bureau shall provide
notice by first class mail sent to the defendant’s last known address that a
contempt hearing will be held pursuant to this subsection, and that failure to
appear at the contempt hearing may result in the sanctions listed in subdivision
(2) of this subsection.
(2)
Failure to appear.
If the defendant fails to appear at the contempt
hearing, the hearing officer may direct the clerk of the judicial bureau Judicial
Bureau to do one or more of the following:
(A)
cause the matter to be reported to one or more designated credit
bureaus collection agencies; or
(B)
refer the matter to criminal division of the superior court the
Criminal Division of the Superior Court for contempt proceedings; or
(C)
provide electronic notice thereof to the Commissioner of Motor
Vehicles who shall suspend the person’s operator’s license or privilege to
operate.
However, the person shall become eligible for reinstatement if the
amount due is paid or otherwise satisfied.
(3)
Hearing.
The hearing shall be conducted in a summary manner.
The
hearing officer shall examine the defendant and any other witnesses and may
require the defendant to produce documents relevant to the defendant’s ability
to pay the amount due.
The state State or municipality shall not be a party
except with the permission of the hearing officer.
The defendant may be
represented by counsel at the defendant’s own expense.
(4)
Contempt.
(A)
The hearing officer may conclude that the defendant is in
contempt if the hearing officer states in written findings a factual basis for
concluding that:
(i)
the defendant knew or reasonably should have known that he or
she owed an amount due on a judicial bureau Judicial Bureau judgment;
(ii)
the defendant had the ability to pay all or any portion of the
amount due; and
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(iii)
the defendant failed to pay all or any portion of the
amount due.
(B)
In the contempt order, the hearing officer may do one or more of
the following:
(i)
Set a date by which the defendant shall pay the amount due.
(ii)
Assess an additional penalty not to exceed ten percent of the
amount due.
(iii)
Direct the clerk of the judicial bureau to cause the matter to be
reported to one or more designated credit bureaus.
The court administrator or
the court administrator’s designee is authorized to contract with one or more
credit bureaus for the purpose of reporting information about unpaid judicial
bureau judgments
Order that the Commissioner of Motor Vehicles suspend
the person’s operator’s license or privilege to operate. However, the person
shall become eligible for reinstatement if the amount due is paid or otherwise
satisfied.
(iv)
Recommend that the criminal division of the superior court
Criminal Division of the Superior Court incarcerate the defendant until the
amount due is paid.
If incarceration is recommended pursuant to this
subdivision (4), the judicial bureau Judicial Bureau shall notify the criminal
division of the superior court Criminal Division of the Superior Court that
contempt proceedings should be commenced against the defendant.
The
criminal division of the superior court Criminal Division of the Superior Court
proceedings shall be de novo.
If the defendant cannot afford counsel for the
contempt proceedings in criminal division of the superior court the Criminal
Division of the Superior Court, the defender general Defender General shall
assign counsel at the defender general’s Defender General’s expense.
(d)
Collections.
(1)
If an amount due remains unpaid after the issuance of a notice of
judgment, the court administrator Court Administrator may authorize the clerk
of the judicial bureau Judicial Bureau to refer the matter to a designated
collection agency.
(2)
The court
administrator Court
Administrator or
the court
administrator’s Court Administrator’s designee is authorized to contract with
one or more collection agencies for the purpose of collecting unpaid judicial
bureau Judicial Bureau judgments pursuant to 13 V.S.A. § 7171.
(e)
For purposes of civil contempt proceedings, venue shall be statewide.
(f)
Notwithstanding 32 V.S.A. § 502, the court administrator Court
Administrator is authorized to contract with a third party to collect fines,
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penalties, and fees by credit card, debit card, charge card, prepaid card, stored
value card, and direct bank account withdrawals or transfers, as authorized by
32 V.S.A. § 583, and to add on and collect, or charge against collections, a
processing charge in an amount approved by the court administrator Court
Administrator.
Sec. 2.
23 V.S.A. § 674 is amended to read:
§
674.
OPERATING
AFTER
SUSPENSION
OR
REVOCATION
OF
LICENSE; PENALTY; REMOVAL OF REGISTRATION PLATES;
TOWING
(a)(1)
Except as provided in section 676 of this title, a person whose license
or privilege to operate a motor vehicle has been suspended or revoked for a
violation of this section or subsections subsection 1091(b), 1094(b), or 1128(b)
or (c) of this title and who operates or attempts to operate a motor vehicle upon
a public highway before the suspension period imposed for the violation has
expired shall be imprisoned not more than two years or fined not more than
$5,000.00, or both.
(2)
A person who violates section 676 of this title for the sixth or
subsequent time shall, if the five prior offenses occurred after July 1, 2003, be
imprisoned not more than two years or fined not more than $5,000.00, or both.
(3)
Violations of section 676 of this title that occurred prior to the date a
person successfully completes the driving with license suspended diversion
program or prior to the date that a person pays the amount due to the Judicial
Bureau in accordance with subsection 2307(b) of this chapter shall not be
counted as prior offenses under subdivision (2) of this subsection.
(b)
Except as authorized in section 1213 of this title, a person whose
license or privilege to operate a motor vehicle has been suspended or revoked
for a violation of section 1201 of this title or has been suspended under section
1205 of this title and who operates or attempts to operate a motor vehicle upon
a public highway before reinstatement of the license shall be imprisoned not
more than two years or fined not more than $5,000.00, or both.
The sentence
shall be subject to the following mandatory minimum terms:
* * *
Sec. 3.
23 V.S.A. § 2307 is amended to read:
§ 2307.
REMEDIES FOR FAILURE TO PAY TRAFFIC VIOLATIONS
As used in this section,
(a)
“Amount due” Definition.
As used in this section, “amount due” means
all financial assessments contained in a Judicial Bureau judgment, including
penalties, fines, surcharges, court costs, and any other assessment authorized
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by law.
(b)
Notice of risk of suspension.
A judgment for a traffic violation shall
contain a notice that failure to pay or otherwise satisfy the amount due within
30 days of the notice will result in suspension of the person’s operator’s
license or privilege to operate, and the denial, if the person is the sole
registrant,
of
the person’s
application
for
renewal
of
a
motor
vehicle
registration, until the amount due is paid or otherwise satisfied.
If the
defendant fails to pay the amount due within 30 days of the notice, or by a later
date as determined by a judicial officer, and the case is not pending on appeal,
the Judicial Bureau shall provide electronic notice thereof to the Commissioner
of Motor Vehicles who, after.
After 20 days from the date of receiving the
electronic notice, the Commissioner shall:
(1)
suspend Suspend the person’s operator’s license or privilege to
operate for a period of 120 days.
However, the person shall become eligible
for reinstatement prior to expiration of the 120 days if the amount due is paid
or otherwise satisfied.
(2)
and deny, if the person is the sole registrant, Deny the person’s
application for renewal of a motor vehicle registration, if the person is the sole
registrant, until the amount due is paid or otherwise satisfied.
(c)
During proceedings conducted pursuant to 4 V.S.A. § 1109, the hearing
officer may apply the following mitigation remedies when the judgment is
based upon a traffic violation.
The hearing officer also may apply the
remedies with or without a hearing when acting on a motion to approve a
proposed DLS Diversion Program contract and related payment plan pursuant
to 2012 Acts and Resolves No. 147, Sec. 2.
Notwithstanding any other law, no
entry fee shall be required and venue shall be statewide for motions to approve.
(1)
The hearing officer may waive the reinstatement fee required by
section 675 of this title or reduce the amount due on the basis of:
(A)
the defendant’s driving history, ability to pay, or service to the
community;
(B)
the collateral consequences of the violation; or
(C)
the interests of justice.
(2)
The hearing officer may specify a date by which the defendant shall
pay the amount due and may notify the Commissioner of Motor Vehicles to
reinstate the defendant’s operator’s license or privilege subject to payment of
the amount due by the specified date.
If the defendant fails to pay the amount
due by the specified date, the Judicial Bureau may notify the Commissioner to
suspend the defendant’s operator’s license or privilege.
A license may be
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reinstated under this subdivision only if the defendant’s license is suspended
solely for failure to pay a judgment of the Judicial Bureau.
(3)
The judicial officer shall have sole discretion to determine mitigation
remedies pursuant to this subdivision, and the judicial officer’s determination
shall not be subject to review or appeal in any court, tribunal, or administrative
office.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
And that after passage the title of the bill be amended to read: "An act
relating to fines for driving with license suspended ".
(No House Amendments )
H. 890
An act relating to approval of amendments to the charter of the City of
Burlington regarding the redistricting of City election areas
The Senate proposes to the House to amend the bill as follows:
The Senate proposes to the House to amend the bill in Sec. 2, 24 App.
V.S.A. chapter 3, in § 2 (election boundaries), in subsection (a) (City districts
described), in subdivision (2) (Central District), in the geographic description
of the district, after “Central Vermont Railway bridge downstream of the
Lower Winooski Falls and Salmon Hole; thence southerly along the East
District”, by striking out in its entirety “eastern boundary” and inserting in lieu
thereof western boundary to its intersection with the centerline of Main Street;
continuing southerly along the centerline of South Winooski Avenue.
(No House Amendments )
Ordered to Lie
S. 91
An act relating to privatization of public schools.
Pending Question: Shall the House propose to the Senate to amend the bill
as offered by Rep. Turner of Milton?
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.
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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
4/24/2014.
H.C.R. 330
House concurrent resolution honoring choral conductor, musician,
composer, and college music instructor Edwin Lawrence
H.C.R. 331
House concurrent resolution honoring Grace Simonds for her municipal public
service as the Town Clerk and Town Service Officer of Whiting
H.C.R. 332
House concurrent resolution congratulating Erica Wallstrom on being awarded
an Albert Einstein Distinguished Educator Fellowship
H.C.R. 333
House concurrent resolution congratulating Rutland Senior High School
Principal William Olsen on being named the 2014 Vermont Principal of
the Year
H.C.R. 334
House concurrent resolution commemorating the publication of
The Vermont
Difference:
Perspectives from the Green Mountain State
H.C.R. 335
House concurrent resolution in memory of former Representative
Lawrence Powers
H.C.R. 336
House concurrent resolution honoring Vermont National Guard State
Command Sergeant Major Forest T. Glodgett on his distinguished military
career
H.C.R. 337
House concurrent resolution recognizing all Vermont firefighters, police
officers, and emergency medical service (EMS) personnel for the professional
level of service they provide to their communities
H.C.R. 338
House concurrent resolution honoring Wayne Hunter for his public service as a
U.S. Postal Service employee in Northfield
H.C.R. 339
House concurrent resolution congratulating Sandy Baird on her most-deserved
receipt of the 2014 Vermont Bar Association’s Pro Bono Service Award
H.C.R. 340
House concurrent resolution honoring the Southwest Vermont Supervisory
Union teachers and staff concluding their careers in 2014
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For Informational Purposes
H.R. 11
House resolution to amend Rule 25 of the Rules of the House
of
Representatives
pertaining
to
the
jurisdiction
of
the
Committee
on
Transportation
Offered by:
Representatives Cheney of Norwich and Pearson of Burlington
Resolved by the House of Representatives:
That this legislative body moves to amend Rule 25 of the Rules of the
House of Representatives to read:
25.
At the beginning of each regular session, standing committees shall be
appointed having the following names, number of members, and duties:
Committee
Member
To Consider Matters Relating to
* * *
Transportation
11
All transportation companies and
corporations subject to the regulation of
the Public Service Board, and all air and
surface transportation, including its the
registration and, regulation, and the
licensing of its transportation operations
and users, the construction and
maintenance of its thoroughfares, and the
regulation of the users thereof impact of
the transportation sector on air pollution
and climate change.
* * *