Thumbnails Outlines
House Calendar
Friday, May 02, 2014
116th DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Action Postponed Until May 2, 2014
Senate Proposal of Amendment
H. 581
Guardianship of minors ................................................................... 2989
NEW BUSINESS
Third Reading
S. 184
An act relating to eyewitness identification policy .......................... 3002
Rep. Kilmartin Amendment ........................................................................ 3002
S. 281
An act relating to vision riders and a choice of providers for vision and
eye care services .......................................................................................... 3002
S. 287
An act relating to involuntary treatment and medication ................. 3002
Rep. Haas Amendment ................................................................................ 3002
Rep. Moran Amendment ............................................................................. 3003
S. 295
An act relating to pretrial services, risk assessments, and criminal
justice programs ........................................................................................... 3005
S. 314
An act relating to miscellaneous amendments to laws related to motor
vehicles ........................................................................................................ 3005
J.R.S. 27
Joint resolution relating to an application of the General Assembly
for Congress to call a convention for proposing amendments to the U.S.
Constitution ................................................................................................. 3005
Favorable with Amendment
S. 28
An act relating to gender-neutral nomenclature for the identification of
parents on birth certificates ......................................................................... 3005
Rep. Waite-Simpson for Judiciary
S. 168
An act relating to making miscellaneous amendments to laws governing
municipalities .............................................................................................. 3007
Rep. Mook for Government Operations
S. 218
An act relating to temporary employees .......................................... 3009
Rep. Mook for Government Operations
Rep. Shaw et al Amendment ....................................................................... 3010
S. 221
An act relating to providing statutory purposes for tax expenditures3011
Rep. Condon for Ways and Means
S. 256
An act relating to the solemnization of a marriage by a Judicial Bureau
hearing officer ............................................................................................. 3025
Rep. Lippert for Judiciary
Rep. Buxton Amendment ............................................................................ 3026
Favorable
J.R.H. 19
Relating to encouraging New Hampshire to enact laws protecting
emergency responders from across state lines ............................................. 3027
Rep. Devereux
S. 195
An act relating to increasing the penalties for second or subsequent
convictions for disorderly conduct, and creating a new crime of aggravated
disorderly conduct ....................................................................................... 3027
Rep. Conquest for Judiciary
S. 225
An act relating to a report on recommended changes in the structure of
Vermont State employment in order to reduce employment-related stress. 3027
Rep. Cole for Government Operations
Committee Relieved
S. 213
An act relating to an employee’s use of benefits ............................. 3027
Rep. Moran for General, Housing and Military Affairs
Senate Proposal of Amendment to House Proposal of Amendment
S. 299
An act relating to sampler flights ..................................................... 3029
Committee of Conference Report
S. 86
An act relating to miscellaneous changes to election laws ................ 3029
NOTICE CALENDAR
Favorable with Amendment
S. 202
An act relating to the energy efficiency charge ................................ 3032
Rep. Ellis for Natural Resources and Energy
Favorable
S. 316
An act relating to child care providers ............................................. 3033
Rep. Stevens for General, Housing and Military Affairs
Rep. Keenan for Appropriations .................................................................. 3033
Senate Proposal of Amendment
H. 88
Parental rights and responsibilities involving a child conceived as a
result of a sexual assault .............................................................................. 3033
H. 217
Smoking in lodging establishments, hospitals, and child care facilities,
and on State lands ........................................................................................ 3036
H. 681
The professional regulation for veterans, military service members, and
military spouses .......................................................................................... 3038
H. 740
Transportation impact fees .............................................................. 3039
H. 823
Encouraging growth in designated centers and protecting natural
resources ...................................................................................................... 3040
Senate Proposal of Amendment to House Proposal of Amendment
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings ........................................................................................... 3045
S. 220
An act relating to furthering economic development ....................... 3045
Committee of Conference Report
H. 526
The establishment of lake shoreland protection standards .............. 3093
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 3113
Consent Calendar
H.C.R. 341
Congratulating Marc Chabot on winning State and national
teaching awards ........................................................................................... 3113
H.C.R. 342
Honoring Ron Hance for his leadership of the Heritage Family
Credit Union ................................................................................................ 3114
H.C.R. 343
Honoring Betty Kinsman for her pioneering leadership of the
Springfield Area Parent Child Center .......................................................... 3114
H.C.R. 344
Honoring Francis Whitcomb of Albany as an extraordinary
citizen, educator, and as Vermont’s active community member of the year3114
H.C.R. 345
Congratulating 10th grade composer Susalina Francy on the
Vermont Symphony Orchestra’s premier of Beowulf’s Last Battle ........... 3114
H.C.R. 346
Designating April 29, 2014 as Alzheimer’s Awareness Day in
Vermont ....................................................................................................... 3114
H.C.R. 347
Congratulating Lisa Bianconi on being selected as a Grammy
Music Educator Award finalist .................................................................... 3114
H.C.R. 348
Congratulating the 2013 St. Johnsbury All-Star Babe Ruth 14 and
Under Vermont championship baseball team .............................................. 3114
H.C.R. 349
Honoring Prevention Works! VT ............................................ 3114
H.C.R. 350
Celebrating the 25th anniversary of Outright Vermont ........... 3114
H.C.R. 351
Honoring Bruce Corwin for his musical leadership of the
Brattleboro American Legion Band ............................................................ 3114
H.C.R. 352
Congratulating Champlain Valley Union High School on its
golden anniversary ....................................................................................... 3114
H.C.R. 353
Honoring Grace Worcester Greene of Berlin for inspiring children
to read and discover their local public library ............................................. 3114
H.C.R. 354
Congratulating the Vermont Arts Council on its 50th anniversary
and designating 2015 as the Year of the Arts in Vermont .......................... 3114
H.C.R. 355
Congratulating Jacob Cady and David Gratton on their age group
championships in the Elks Vermont and New England Hoop Shoots ........ 3115
S.C.R. 56
Senate concurrent resolution designating May 11–17 as Women’s
Lung Health Week in Vermont ................................................................... 3115
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ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until May 2, 2014
Senate Proposal of Amendment
H. 581
An act relating to guardianship of minors
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.
14 V.S.A. chapter 111, subchapter 2, article 1 is amended to read:
Article 1.
Guardians of Minors
§ 2621.
POLICY; PURPOSES
This article shall be construed in accordance with the following purposes
and policies:
(1)
It is presumed that the interests of minor children are best promoted
in the child’s own home.
However, when parents are temporarily unable to
care for their children, guardianship provides a process through which parents
can arrange for family members or other parties to care for the children.
(2)
Family members can make better decisions about minor children
when they understand the consequences of those decisions and are informed
about the law and the available supports.
(3)
Decisions about raising a child made by a person other than the
child’s parent should be based on the informed consent of the parties unless
there has been a finding of parental unsuitability.
(4)
When the informed consent of the parents cannot be obtained,
parents have a fundamental liberty interest in raising their children unless a
proposed guardian can show parental unsuitability by clear and convincing
evidence.
(5)
Research demonstrates that timely reunification between parents and
their children is more likely when children have safe and substantial contact
with their parents.
(6)
It is in the interests of all parties, including the children, that parents
and proposed guardians have a shared understanding about the length of time
that they expect the guardianship to last, the circumstances under which the
parents will resume care for their children, and the nature of the supports and
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services that are available to assist them.
§ 2622.
DEFINITIONS
As used in this article:
(1)
“Child” means an individual who is under 18 years of age and who
is the subject of a petition for guardianship filed pursuant to section 2623 of
this title.
(2)
“Child in need of guardianship” means:
(A)
A child who the parties consent is in need of adult care because
of any one of the following:
(i)
The child’s custodial parent has a serious or terminal illness.
(ii)
A custodial parent’s physical or mental health prevents the
parent from providing proper care and supervision for the child.
(iii)
The child’s home is no longer habitable as the result of a
natural disaster.
(iv)
A custodial parent of the child is incarcerated.
(v)
A
custodial parent of the child is on active military duty.
(vi)
The parties have articulated and agreed to another reason that
guardianship is in the best interests of the child.
(B)
A child who is:
(i)
abandoned or abused by the child’s parent;
(ii)
without proper parental care, subsistence, education, medical,
or other care necessary for the child’s well-being; or
(iii)
without or beyond the control of the child’s parent.
(3)
“Custodial parent” means a parent who, at the time of the
commencement
of
the
guardianship
proceeding,
has
the
right
and
responsibility to provide the routine daily care and control of the child.
The
rights of the custodial parent may be held solely or shared and may be subject
to the court-ordered right of the other parent to have contact with the child. If
physical parental rights and responsibilities are shared pursuant to court order,
both parents shall be considered “custodial parents” for purposes of this
subdivision.
(4)
“Nonconsensual guardianship” means a guardianship with respect to
which:
(A)
a parent is opposed to establishing the guardianship; or
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(B)
a parent seeks to terminate a guardianship that the parent
previously agreed to establish.
(5)
“Noncustodial parent” means a parent who is not a custodial parent
at the time of the commencement of the guardianship proceeding.
(6)
“Parent” means a child’s biological or adoptive parent, including
custodial
parents;
noncustodial
parents;
parents
with
legal
or
physical
responsibilities, or both; and parents whose rights have never been adjudicated.
(7)
“Parent-child contact” means the right of a parent to have visitation
with the child by court order.
§ 2623.
PETITION FOR GUARDIANSHIP OF MINOR; SERVICE
(a)
A parent or a person interested in the welfare of a minor may file a
petition with the Probate Division of the Superior Court for the appointment of
a guardian for a child.
The petition shall state:
(1)
the names and addresses of the parents, the child, and the proposed
guardian;
(2)
the proposed guardian’s relationship to the child;
(3)
the names of all members of the proposed guardian’s household and
each person’s relationship to the proposed guardian and the child;
(4)
that the child is alleged to be a child in need of guardianship;
(5)
specific reasons with supporting facts why guardianship is sought;
(6)
whether the parties agree that the child is in need of guardianship
and that the proposed guardian should be appointed as guardian;
(7)
the child’s current school and grade level;
(8)
if the proposed guardian intends to change the child’s current school,
the name and location of the proposed new school and the estimated date when
the child would enroll;
(9) the places where the child has lived during the last five years, and
the names and present addresses of the persons with whom the child has lived
during that period; and
(10)
any prior or current court proceedings, child support matters, or
parent-child contact orders involving the child.
(b)(1)
A petition for guardianship of a child under this section shall be
served on all parties and interested persons as provided by Rule 4 of the
Vermont Rules of Probate Procedure.
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(2)(A)
The Probate Division may waive the notice requirements of
subdivision (1) of this subsection (c) with respect to a parent if the Court finds
that:
(i)
the identity of the parent is unknown; or
(ii)
the
location
of
the
parent
is
unknown
and
cannot
be
determined with reasonable effort.
(B)
After a guardianship for a child is created, the Probate Division
shall reopen the proceeding at the request of a parent of the child who did not
receive notice of the proceeding as required by this subsection.
§ 2624.
JURISDICTION; TRANSFER TO FAMILY DIVISION
(a)
Except as provided in subsection (b) of this section, the Probate
Division shall have exclusive jurisdiction over proceedings under this article
involving guardianship of minors.
(b)(1)(A)
A custodial minor guardianship proceeding brought in the
Probate Division under this article shall be transferred to the Family Division if
there is an open proceeding in the Family Division involving custody of the
same child who is the subject of the guardianship proceeding in the Probate
Division.
(B)
A minor guardianship proceeding brought in the Probate Division
under this article may be transferred to the Family Division on motion of a
party or on the court’s own motion if any of the parties to the probate
proceeding was a party to a closed divorce proceeding in the Family Division
involving custody of the same child who is the subject of the guardianship
proceeding in the Probate Division.
(2)(A)
When a minor guardianship proceeding is transferred from the
Probate Division to the Family Division pursuant to subdivision (1) of this
subsection (b), the Probate judge and a Superior judge assigned to the Family
Division shall confer regarding jurisdiction over the proceeding.
Except as
provided in subdivision (B) of this subdivision (2), all communications
concerning jurisdiction between the Probate judge and the Superior judge
under this subsection shall be on the record.
Whenever possible, a party shall
be provided notice of the communication and an opportunity to be present
when it occurs.
A party who is unable to be present for the communication
shall be provided access to the record.
(B)
It shall not be necessary to inform the parties about or make a
record of a communication between the Probate judge and the Superior judge
under this subsection (b) if the communication involves scheduling, calendars,
court records, or other similar administrative matters.
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(C)
After the Superior judge and Probate judge confer under
subdivision (2)(A) of this subsection (b), the Superior judge may:
(i)
consolidate the minor guardianship case with the pending
matter in the Family Division and determine whether a guardianship should be
established under this article; or
(ii)
transfer the guardianship petition back to the Probate Division
for further proceedings after the pending matter in the Family Division has
been adjudicated.
(D)
If a guardianship is established by the Family Division pursuant
to subdivision (2)(C)(i) of this subsection, the guardianship case shall be
transferred back to the Probate Division for ongoing monitoring pursuant to
section 2631 of this title.
§ 2625.
HEARING; COUNSEL; GUARDIAN AD LITEM
(a)
The Probate Division shall schedule a hearing upon the filing of the
petition and shall provide notice of the hearing to all parties and interested
persons who were provided notice under subdivision 2623(c)(1) of this title.
(b)
The child shall attend the hearing if he or she is 14 years of age or older
unless the child’s presence is excused by the Court for good cause.
The child
may attend the hearing if he or she is less than 14 years of age.
(c)
The Court shall appoint counsel for the child if the child will be called
as a witness.
In all other cases, the Court may appoint counsel for the child.
(d)(1)
The child may be called as a witness only if the Court finds after
hearing that:
(A)
the child’s testimony is necessary to assist the Court in
determining the issue before it;
(B)
the probative value of the child’s testimony outweighs the
potential detriment to the child; and
(C)
the evidence sought is not reasonably available by any other
means.
(2)
The examination of a child called as a witness may be conducted by
the Court in chambers in the presence of such other persons as the Court may
specify and shall be recorded.
(e)
The Court may appoint a guardian ad litem for the child on motion of a
party or on the Court’s own motion.
(f)(1)
The Court may grant an emergency guardianship petition filed
ex parte by the proposed guardian if the Court finds that:
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(A)
both parents are deceased or medically incapacitated; and
(B)
the best interests of the child require that a guardian be appointed
without delay and before a hearing is held.
(2)
If the Court grants an emergency guardianship petition pursuant to
subdivision (1) of this subsection (e), it shall schedule a hearing on the petition
as soon as practicable and in no event more than 72 hours after the petition
is filed.
§ 2626.
CONSENSUAL GUARDIANSHIP
(a)
If the petition requests a consensual guardianship, the petition shall
include a consent signed by the custodial parent or parents verifying that the
parent or parents understand the nature of the guardianship and knowingly and
voluntarily
consent to the guardianship.
The consent required by
this
subsection shall be on a form approved by the Court Administrator.
(b)
On or before the date of the hearing, the parties shall file an agreement
between the proposed guardian and the parents.
The agreement shall address:
(1)
the responsibilities of the guardian;
(2)
the responsibilities of the parents;
(3)
the expected duration of the guardianship, if known; and
(4)
parent-child contact and parental involvement in decision making.
(c)
Vermont Rule of Probate Procedure 43 (relaxed rules of evidence in
probate proceedings) shall apply to hearings under this section.
(d)
The Court shall grant the petition if it finds after the hearing by clear
and convincing evidence that:
(1)
the child is a child in need of guardianship as defined in subdivision
2622(2)(A) of this title;
(2)
the child’s parents had notice of the proceeding and knowingly and
voluntarily consented to the guardianship;
(3)
the agreement is voluntary;
(4)
the proposed guardian is suitable; and
(5)
the guardianship is in the best interests of the child.
(e)
If the Court grants the petition, it shall approve the agreement at the
hearing and issue an order establishing a guardianship under section 2628 of
this title.
The order shall be consistent with the terms of the parties’ agreement
unless the Court finds that the agreement was not reached voluntarily or is not
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in the best interests of the child.
§ 2627.
NONCONSENSUAL GUARDIANSHIP
(a)
If the petition requests a nonconsensual guardianship, the burden shall
be on the proposed guardian to establish by clear and convincing evidence that
the child is a child in need of guardianship as defined in subdivision
2622(2)(B) of this title.
(b)
The Vermont Rules of Evidence shall apply to a hearing under this
section.
(c)
The Court shall grant the petition if it finds after the hearing by clear
and convincing evidence that the proposed guardian is suitable and that the
child is a child in need of guardianship as defined in subdivision 2622(2)(B) of
this title.
(d)
If the Court grants the petition, it shall issue an order establishing a
guardianship under section 2628 of this title.
§ 2628.
GUARDIANSHIP ORDER
(a)
If the Court grants a petition for guardianship of a child under
subsection 2626(d) or 2627(d) of this title, the Court shall enter an order
establishing a guardianship and naming the proposed guardian as the child’s
guardian.
(b)
A guardianship order issued under this section shall include provisions
addressing the following matters:
(1)
the powers and duties of the guardian consistent with section 2629 of
this title;
(2)
the expected duration of the guardianship, if known;
(3)
a family plan on a form approved by the Court Administrator that:
(A)
in a consensual case is consistent with the parties’ agreement; or
(B)
in a nonconsensual case includes, at a minimum, provisions that
address parent-child contact consistent with section 2630 of this title; and
(4)
the process for reviewing the order consistent with section 2631 of
this title.
§ 2629.
POWERS AND DUTIES OF GUARDIAN
(a)
The Court shall specify the powers and duties of the guardian in the
guardianship order.
(b)
The duties of a custodial guardian shall include the duty to:
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(1)
take custody of the child and establish his or her place of residence,
provided that a guardian shall not change the residence of the child to a
location outside the State of Vermont without prior authorization by the Court
following notice to the parties and an opportunity for hearing;
(2)
make decisions related to the child’s education;
(3)
make decisions related to the child’s physical and mental health,
including consent to medical treatment and medication;
(4)
make decisions concerning the child’s contact with others, provided
that the guardian shall comply with all provisions of the guardianship order
regarding parent-child contact and contact with siblings;
(5)
receive funds paid for the support of the child, including child
support and government benefits; and
(6)
file an annual status report to the Probate Division, with a copy to
each parent at his or her last known address, including the following
information:
(A)
the current address of the child and each parent;
(B)
the child’s health care and health needs, including any medical
and mental health services the child received;
(C)
the child’s educational needs and progress, including the name of
the child’s school, day care, or other early education program, the child’s grade
level, and the child’s educational achievements;
(D)
contact between the child and his or her parents, including the
frequency and duration of the contact and whether it was supervised;
(E)
how the parents have been involved in decision making for
the child;
(F)
how the guardian has carried out his or her responsibilities and
duties, including efforts made to include the child’s parents in the child’s life;
(G)
the
child’s
strengths,
challenges,
and
any
other areas
of
concern; and
(H)
recommendations with supporting reasons as to whether the
guardianship order should be continued, modified, or terminated.
§ 2630.
PARENT-CHILD CONTACT
(a)
The Court shall order parent-child contact unless it finds that denial of
parent-child contact is necessary to protect the physical safety or emotional
well-being of the child.
Except for good cause shown, the order shall be
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consistent with any existing parent-child contact order.
The order should
permit the child to have contact of reasonable duration and frequency with the
child’s siblings, if appropriate.
(b)
The Court may determine the reasonable frequency and duration of
parent-child contact and may set conditions for parent-child contact that are in
the child’s best interests.
(c)
The Court may modify the parent-child contact order upon motion of a
party or upon the Court’s own motion, or if the parties stipulate to the
modification.
§ 2631.
REPORTS; REVIEW HEARING
(a)
The guardian shall file an annual status report to the Probate Division
pursuant to subdivisions 2629(b)(4) and 2629(c)(5) of this title, and shall
provide copies of the report to each parent at his or her last known address.
The Court may order that a status report be filed more frequently than once
per year.
(b)
The Probate Division may set a hearing to review a report required by
subsection (a) of this section or to determine progress with the family plan
required by subdivision 2628(b)(3) of this title.
The Court shall provide notice
of the hearing to all parties and interested persons.
§ 2632.
TERMINATION
(a)
A parent may file a motion to terminate a guardianship at any time.
The
motion shall be filed with the Probate Division that issued the guardianship
order and served on all parties and interested persons.
(b)(1)
If the motion to terminate is made with respect to a consensual
guardianship established under section 2626 of this title, the Court shall grant
the motion and terminate the guardianship unless the guardian files a motion
to continue the guardianship within 30 days after the motion to terminate
is served.
(2)
If the guardian files a motion to continue the guardianship, the
matter shall be set for hearing and treated as a nonconsensual guardianship
proceeding under section 2627 of this title.
The parent shall not be required to
show a change in circumstances, and the Court shall not grant the motion to
continue
the
guardianship
unless
the
guardian
establishes
by
clear
and
convincing evidence that the minor is a child in need of guardianship under
subdivision 2622(2)(B) of this title.
(3)
If the Court grants the motion to continue, it shall issue an order
establishing a guardianship under section 2628 of this title.
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(c)(1)
If the motion to terminate the guardianship is made with respect to a
nonconsensual guardianship established under section 2627 or subdivision
2632(b)(3) of this title, the Court shall dismiss the motion unless the parent
establishes that a change in circumstances has occurred since the previous
guardianship order was issued.
(2)
If the Court finds that a change in circumstances has occurred since
the previous guardianship order was issued, the Court shall grant the motion to
terminate the guardianship unless the guardian establishes by clear and
convincing evidence that the minor is a child in need of guardianship under
subdivision 2622(2)(B) of this title.
§ 2633.
APPEALS
Notwithstanding 12 V.S.A. § 2551 or 2553, the Vermont Supreme Court
shall have appellate jurisdiction over orders of the Probate Division issued
under this article.
§ 2634.
DEPARTMENT FOR CHILDREN AND FAMILIES POLICY
The Department for Children and Families shall adopt a policy defining its
role with respect to families who establish a guardianship under this article.
The policy shall be consistent with the following principles:
(1)
The Family Services Division shall maintain a policy ensuring that
when a child must be removed from his or her home to ensure the child’s
safety, the Division will pursue a CHINS procedure promptly if there are
sufficient grounds under 33 V.S.A. § 5102.
(2)
When the Family Services Division is conducting an investigation or
assessment related to child safety and the child may be a child in need of care
and supervision as defined in 33 V.S.A. § 5102(3), the Division shall not make
any recommendation regarding whether a family should pursue a minor
guardianship. The staff may provide referrals to community-based resources
for information regarding minor guardianships.
(3)
In response to a request from the Probate judge, the Family Services
Division social worker shall attend a minor guardianship hearing and provide
information relevant to the proceeding.
(4)
If a minor guardianship is established during the time that the Family
Services Division has an open case involving the minor, the social worker shall
inform the guardian and the parents about services and supports available to
them in the community and shall close the case within a reasonable time unless
a specific safety risk is identified.
Sec. 2.
14 V.S.A. chapter 111, subchapter 2, article 1A is added to read:
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Article 1A.
Financial Guardians of Minors
§ 2659.
FINANCIAL GUARDIANSHIP; MINORS
(a) The Probate Division may appoint a financial guardian for a minor
pursuant to this section if the minor is the owner of real or personal property.
A financial guardian appointed pursuant to this section shall have the care and
management of the estate of the minor but shall not have custody of the minor.
(b)(1)
A parent or a person interested in the welfare of a minor may file a
petition with the Probate Division of the Superior Court for the appointment of
a guardian for a child.
The petition shall state:
(A)
the names and addresses of the parents, the child, and the
proposed guardian;
(B)
the proposed guardian’s relationship to the child; and
(C)
any real and personal property owned by the minor.
(2)
A petition for financial guardianship of a minor under this section
shall be served on all parties and interested persons as provided by Rule 4 of
the Vermont Rules of Probate Procedure.
(c)
The Probate Division shall schedule a hearing upon the filing of the
petition and shall provide notice of the hearing to all parties.
(d)
If the Court grants the petition for financial guardianship of the minor,
the Court shall enter an order establishing a financial guardianship, naming the
proposed guardian as the child’s financial guardian, and specifying the powers
and duties of the guardian.
(e)
The duties of a financial guardian shall include the duty to:
(1)
pursue, receive, and manage any property right of the minor’s,
including inheritances, insurance benefits, litigation proceeds, or any other real
or personal property, provided the benefits or property shall not be expended
without prior court approval;
(2)
deposit any cash resources of the minor in accounts established for
the guardianship, provided the cash resources of the minor shall not be
comingled with the guardian’s assets;
(3)
responsibly invest and re-invest the cash resources of the minor;
(4)
obtain
court
approval
for
expenditures
of
funds
to
meet
extraordinary needs of the minor which cannot be met with other family
resources;
(5)
establish special needs trusts with court approval; and
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(6)
file an annual financial accounting with the Probate Division stating
the funds received, managed, and spent on behalf of the minor.
Sec. 3.
14 V.S.A. chapter 111, subchapter 2, article 1A is redesignated as
article 1B to read:
Article 1B.
Permanent Guardianship for Minors
Sec. 4.
4 V.S.A. § 22 is amended to read:
§ 22.
DESIGNATION AND SPECIAL ASSIGNMENT OF JUDICIAL
OFFICERS AND RETIRED JUDICIAL OFFICERS
(a)(1)
The chief justice Chief Justice may appoint and assign a retired
justice Justice or judge with his or her consent or a superior Superior or
Probate judge to a special assignment on the supreme court Supreme Court.
The chief justice Chief Justice may appoint, and the administrative judge
Administrative Judge shall assign, an active or retired justice Justice or a
retired judge, with his or her consent, to any special assignment in the superior
court Superior Court or the judicial bureau Judicial Bureau.
(2) The administrative judge shall Administrative Judge may appoint
and assign a judge to any special assignment in the superior court Superior
Court.
As used in this subdivision, a judge shall include a Superior judge, a
Probate judge, a Family Division magistrate, or a judicial hearing officer.
(b)
The administrative judge Administrative Judge may appoint and assign
a member of the Vermont bar Bar residing within the state State of Vermont to
serve temporarily as:
(1)
an acting judge in superior court Superior Court;
(2)
an acting magistrate; or
(3)
an acting Probate judge; or
(4)
an acting hearing officer to hear cases in the judicial bureau Judicial
Bureau.
* * *
Sec. 5.
4 V.S.A. § 455 is amended to read:
§ 455.
TRANSFER OF PROBATE PROCEEDINGS
(a)
Any guardianship action filed in the probate division of the superior
court Probate
Division
of
the
Superior
Court pursuant
to 14 V.S.A.
chapter 111, subchapter 2, article 1 of Title 14 and any adoption action filed in
the probate division Probate Division pursuant to Title 15A may be transferred
to the family division of the superior court as provided in this section Family
- 3001 -
Division of the Superior Court.
(b)
The family division In an adoption action filed in the Probate Division
pursuant to Title 15A, the Family Division shall order the transfer of the
proceeding on motion of a party or on its own motion if it finds that the
identity of the parties, issues, and evidence are so similar in nature to the
parties, issues, and evidence in a proceeding pending in the family division
Family Division that transfer of the probate action to the family division
Family Division would expedite resolution of the issues or would best serve
the interests of justice.
Sec. 6.
REPEAL
14 V.S.A. §§
2645 (appointment of guardian), 2651 (when minor refuses to
choose), and 2653 (extent of guardian’s control) are repealed.
Sec. 7.
13 V.S.A. § 4501 is amended to read:
§ 4501.
LIMITATION OF PROSECUTIONS FOR CERTAIN CRIMES
* * *
(c)
Prosecutions for any of the following offenses alleged to have been
committed against a child under 18 years of age shall be commenced within 40
years after the commission of the offense, and not after:
(1)
sexual assault;
(2)
lewd and lascivious conduct;
(3)
sexual exploitation of a minor as defined in subsection 3258(c) of
this title; and
(4)
lewd or lascivious conduct with a child; and
(5)
manslaughter.
* * *
Sec. 8.
EFFECTIVE DATE
This act shall take effect on September, 1, 2014.
(For text see House Journal 3/19/2014 )
- 3002 -
NEW BUSINESS
Third Reading
S. 184
An act relating to eyewitness identification policy
Amendment to be offered by Rep. Kilmartin of Newport City to S. 184
By striking out subsection (e) in its entirety and inserting in lieu thereof a
new subsection (e) to read as follows:
(e)(1)
On or before September 1, 2014, every State, local, county, and
municipal law enforcement agencies that employ one or more certified law
enforcement officers are encouraged to work with the Vermont Association of
Chiefs of Police to extend the collection of roadside-stop race data uniformly
throughout state law enforcement agencies, with the goal of obtaining uniform
roadside-stop race data for analysis agency shall collect roadside stop data,
including the age, gender, race, and ethnicity of drivers.
Law enforcement
agencies shall work with the Vermont Criminal Justice Training Council with
the goals of collecting uniform data, adopting uniform storage methods and
periods, and ensuring that data can be analyzed.
(2)
Except as provided in subdivisions (3) and (4) of this subsection,
roadside stop data shall be public.
(3)
Roadside stop data collected under this subsection shall be collected
on a form separate from the uniform traffic ticket.
The driver’s name and any
other personally identifying information on the form shall be confidential and
exempt from public inspection and copying under the Public Records Act.
(4)
Roadside stop data collected under this subsection shall not be
admissible in any civil or criminal proceeding.
S. 281
An act relating to vision riders and a choice of providers for vision and eye
care services
S. 287
An act relating to involuntary treatment and medication
Amendment to be offered by Rep. Haas of Rochester to S. 287
First:
In Sec. 12, 18 V.S.A. § 7615(a)(2)(A), by striking out the words “the
Court shall rule” and inserting in lieu thereof the Court may rule.
Second:
In Sec. 13, 18 V.S.A. § 7624(b)(2)(B), after the word “shall” by
inserting , if the petition is filed at least seven days before the scheduled
hearing date,.
- 3003 -
Amendment to be offered by Rep. Moran of Wardsboro to S. 287
First:
By inserting a new section to be Sec. 1a after Sec. 1 to read as
follows:
Sec. 1a.
18 V.S.A. § 7251 is amended to read:
§ 7251.
PRINCIPLES FOR MENTAL HEALTH CARE REFORM
The general assembly General Assembly adopts the following principles as
a framework for reforming the mental health care system in Vermont:
* * *
(10)
The dignity and safety of all participants in Vermont’s mental
health system shall be protected, including health care professionals and other
staff providing care and support to individuals with a mental condition.
Second:
By striking out Sec. 4, 18 V.S.A. § 7257, in its entirety and
inserting in lieu thereof a new Sec. 4 to read as follows:
Sec. 4.
18 V.S.A. § 7257 is amended to read:
§ 7257.
REPORTABLE ADVERSE EVENTS
(a)
An acute inpatient hospital, an intensive residential recovery facility, a
designated agency, or a secure residential recovery facility shall report to the
department of mental health Department of Mental Health instances of death or
serious bodily injury to:
(1)
individuals with a mental health condition in the custody or
temporary custody of the commissioner Commissioner; or
(2)
health care professionals or staff members of the hospital or facility
when the death or injury was caused by an individual in the custody or
temporary custody of the Commissioner.
(b)
An acute inpatient hospital, an intensive residential recovery facility, a
designated agency, or a secure residential recovery facility shall report to the
Department of Mental Health any incident involving a simple assault pursuant
to 13 V.S.A. § 1023, an aggravated assault pursuant to 13 V.S.A. § 1024, or
the reckless endangerment of another person pursuant to 13 V.S.A. § 1025
when:
(1)
the victim or assailant is an individual in the custody or temporary
custody of the Commissioner; and
(2)
a police report or workers’ compensation claim, or both, were filed
as a result of the event.
Third:
By inserting a new section to be Sec. 5a after Sec. 5 to read as
- 3004 -
follows:
Sec. 5a.
18 V.S.A. § 7401 is amended to read:
§ 7401.
POWERS AND DUTIES
Except insofar as this part of this title specifically confers certain powers,
duties, and functions upon others, the commissioner Commissioner shall be
charged with its administration.
The commissioner Commissioner may:
* * *
(10)
investigate complaints made by a patient, his or her attorney, or an
interested party on his or her behalf, or by a health care professional or staff
member of a psychiatric hospital, intensive residential recovery facility,
designated agency, or secure residential recovery facility, or his or her attorney
with regard to work-related violence;
* * *
Fourth:
By inserting a new section to be Sec. 5b after Sec. 5a to read as
follows:
Sec. 5b.
18 V.S.A. § 7402 is amended to read:
§ 7402.
RECORDS AND REPORTS
The commissioner Commissioner shall keep records of all commitments
and admissions to a hospital and shall secure compliance with the laws relating
thereto.
The commissioner Commissioner shall report biennially to the
governor Governor and the general assembly General Assembly on the
condition of hospitals, on the physical and medical treatment of patients
therein, on the safety of health care professionals and staff members having
direct contact with individuals in the custody of the Commissioner, on the need
for community services to former patients and those mentally ill persons not
hospitalized, and on any other matters the commissioner Commissioner deems
advisable.
Fifth:
By inserting a new section to be Sec. 12a after Sec. 12 to read as
follows:
Sec. 12a.
18 V.S.A. § 7617 is amended to read:
§ 7617.
FINDINGS; ORDER
* * *
(c)
Prior to ordering any course of treatment, the court Court shall
determine whether there exists an available program of treatment for the
person which is an appropriate alternative to hospitalization.
The court Court
- 3005 -
shall not order hospitalization without a thorough consideration of available
alternatives.
(d)
Before making its decision, the court Court shall order testimony by an
appropriate representative of a hospital, a community mental health agency,
public or private entity or agency, or a suitable person, who shall assess the
availability and appropriateness for the individual of treatment programs other
than hospitalization and the effect each treatment alternative has on staff
safety.
(e)
Prior to ordering the hospitalization of a person, the court Court shall
inquire into the adequacy of treatment to be provided to the person by the
hospital.
Hospitalization shall not be ordered unless the hospital in which the
person is to be hospitalized can provide him or her with treatment which is
adequate and appropriate to his or her condition and which takes into
consideration the safety of its health care professionals and other staff
members.
S. 295
An act relating to pretrial services, risk assessments, and criminal justice
programs
S. 314
An act relating to miscellaneous amendments to laws related to motor vehicles
J.R.S. 27
Joint resolution relating to an application of the General Assembly for
Congress to call a convention for proposing amendments to the U.S.
Constitution
Favorable with Amendment
S. 28
An act relating to gender-neutral nomenclature for the identification of
parents on birth certificates
Rep.
Waite-Simpson
of
Essex,
for
the
Committee
on
Judiciary,
recommends that the House propose to the Senate that the bill be amended as
follows:
First:
In Sec. 1, 18 V.S.A. § 5071, in subsection (a), in the first new
sentence, after “a parent of the child” and before “shall file” insert or a legal
guardian of a mother under 18 years of age
and in subsection (b), by striking out subdivision (2) in its entirety and by
striking out the subdivision (1) designation
- 3006 -
and by striking out subsection (e) in its entirety and inserting in lieu thereof the
following:
(e)
When a birth certificate is issued, a parent or parents shall be identified
with gender-neutral nomenclature.
Second:
By striking out Sec. 5 in its entirety and inserting in lieu thereof
three new sections to read as follows:
Sec.
5.
18
V.S.A.
§ 5078
is
amended
to
read:
§ 5078.
ADOPTION; NEW BIRTH CERTIFICATE
(a)
The supervisor of vital records registration Supervisor of Vital Records
Registration shall establish a new birth certificate for a person born in the state
State when the supervisor Supervisor receives a record of adoption as provided
in 15 V.S.A. § 449 or a record of adoption prepared and filed in accordance
with the laws of another state or foreign country.
(b) The new birth certificate shall be on a form prescribed by the
commissioner of health Commissioner of Health.
The new birth certificate
shall include:
(1)
the actual place and date of birth;
(2)
the date of the filing of the original birth certificate; and
(3)
the adoptive parents as though they were natural parents;
(3) a notation that it was issued by authority of this chapter.
(c)
The new birth certificate shall not contain a statement whether the
adopted person was illegitimate and it shall not contain any content or
statement that would distinguish it from any other original certificate of birth.
(d)
The new certificate, and sufficient information to identify the original
certificate, shall be transmitted to the clerk of the town of birth to be filed
according to the procedures in 15 V.S.A. § 451.
(e)
The supervisor of vital records registration Supervisor of Vital Records
Registration shall not establish a new birth certificate if the supervisor
Supervisor receives, accompanying the record of adoption, a written request
that a new certificate not be established:
(1)
from the adopted person if 18 years of age or older; or
(2)
from the adoptive parent or parents if the adopted person is under
18 years of age.
(f)
When the supervisor of vital records registration Supervisor of Vital
Records Registration receives a record of adoption for a person born in another
- 3007 -
state, the supervisor Supervisor shall forward a certified copy of the record of
adoption to the state registrar in the state of birth, with a request that a new
birth certificate be established under the laws of that state.
Sec. 6.
DEPARTMENT OF HEALTH REPORT; CERTIFIED COPIES OF
BIRTH AND DEATH RECORDS
On or before January 15, 2015, the Commissioner of Health shall submit to
the House and Senate Committees on Judiciary and the House and Senate
Committees on Government Operations recommended requirements for the
issuance of certified birth and death certificates in the State in a manner that
complies with the generally accepted, national standards for the issuance of
certified copies of birth and death certificates and that reduces the portential
for identity theft.
The recommendations shall include:
(1)
persons to whom a certified birth or death certificate may be issued;
(2)
application requirements for a birth or death certificate;
(3)
requirements
for
the
custodians
of
certified
birth
or
death
certificates;
(4)
proposed
legislative
changes
necessary
to
implement
any
recommendation; and
(5)
any other information that the Commissioner determines is relevant.
Sec. 7.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 7-1-3 )
(For text see Senate Journal March 18, 19, 2014 )
S. 168
An act relating to making miscellaneous amendments to laws governing
municipalities
Rep.
Mook
of
Bennington,
for
the
Committee
on
Government
Operations,
recommends that the House propose to the Senate that the bill be
amended as follows:
First:
By striking out Sec. 3 in its entirety and inserting in lieu thereof a
new Sec. 3. to read Sec. 3.
[Deleted.]
Second:
In Sec. 4, 20 V.S.A. § 3621, by striking out subdivision (a)(1) in
its entirety and inserting in lieu thereof the following:
(a)(1)
The legislative body of a municipality may at any time issue a
- 3008 -
warrant to one or more police officers or, constables, pound keepers, or elected
or appointed animal control officers, directing them to proceed forthwith to
impound all dogs or wolf-hybrids within the town or city not licensed
according to the provisions of this subchapter, except as exempted by section
3587 of this title, and to enter a complaint against the owners or keepers
thereof.
Third:
In Sec. 6, 17 V.S.A. § 2651d, in subsection (a), in the first sentence,
by striking out the words “by Australian ballot”
Fourth:
By striking out Sec. 10 in its entirety and inserting in lieu thereof a
new Sec. 10 to read Sec. 10.
[Deleted.]
Fifth:
In Sec. 11, 24 V.S.A. § 2291, by striking out subdivision (26) in its
entirety and inserting in lieu thereof a new subdivision (26) to read:
(26)
When a disaster or emergency has been declared by the Governor, a
municipal
building
inspector,
health
officer,
fire
marshal,
or
zoning
administrator may declare condemned to be destroyed a property that has been
damaged in the disaster or emergency and is dangerous to life, health, or safety
due to the disaster-related damage.
The local legislative body may require that
an official receive training on disaster-related condemnation before he or she
may condemn property under this subdivision.
The owner of property
condemned under this subdivision may appeal the condemnation according to
the condemnation appeals procedure of chapter 83 of this title, provided that
any appeal to the Superior Court shall be to the Civil Division.
Sixth:
By adding a Sec. 11a to read:
Sec. 11a.
DISASTER CONDEMNATION TRAINING
On or before July 1, 2015, the Department of Health, in consultation with
the Department of Housing and Community Development and the Department
of Public Safety, shall develop condemnation guidance for inclusion in disaster
training and education for local officials. The guidance shall include:
(1)
methods of inspection of buildings and structures damaged by
natural disaster; and
(2)
standards for condemnation of buildings and structures damaged by
natural disaster.
(Committee vote: 10-0-1 )
(For text see Senate Journal February 21, March 18, 19 2014 )
- 3009 -
S. 218
An act relating to temporary employees
Rep.
Mook
of
Bennington,
for
the
Committee
on
Government
Operations,
recommends that the House propose to the Senate that the bill be
amended as follows:
First:
By inserting a new section to be Sec. 1a to read:
Sec. 1a.
COMMISSIONER OF HUMAN RESOURCES; REPORT;
TEMPORARY STATE EMPLOYEES; SICK LEAVE BENEFITS
(a)
On or before January 15, 2015, the Commissioner of Human Resources
shall report to the House and Senate Committees on Government Operations
regarding his or her analysis of whether temporary State employees should be
able to earn sick leave benefits.
(b)
In conducting his or her analysis, the Commissioner shall consider and
include in the report:
(1)
how many temporary employees are employed by the State;
(2)
the departments in which those temporary employees are employed;
(3)
how long those temporary employees have been employed in that
capacity;
(4)
how much it would cost the State to offer the temporary employees
sick leave benefits; and
(5)
whether there should be a pathway to permanent employment for
temporary employees, and if so, what the standards for permanent employment
should be.
Second:
By striking out in its entirety Sec. 4 (effective date) and inserting
in lieu thereof a new Sec. 4 to read:
Sec. 4.
EFFECTIVE DATES
(a)
This section and Secs. 1a and 2 shall take effect on passage.
(b)
Secs. 1 and 3 shall take effect on July 1, 2014.
(Committee vote: 9-2-0 )
(For text see Senate Journal March 26, 27, 2014 )
- 3010 -
Amendment to be offered by Reps. Shaw of Pittsford, Browning of
Arlington, Davis of Washington, Emmons of Springfield, Hooper of
Montpelier, Larocque of Barnet, Lenes of Shelburne, Macaig of Williston,
Myers of Essex, Shaw of Derby, and South of St. Johnsbury to the
recommendation
of
amendment
of
the
Committee
on Government
Operations to S. 218
First:
In Sec. 2, by striking out the section in its entirety and inserting in
lieu thereof a new Sec. 2 to read:
Sec. 2.
DEPARTMENT OF CORRECTIONS PROVISIONS RELATING TO
CONTRABAND
(a)
The Commissioner of Corrections shall adopt rules pursuant to 3 V.S.A.
chapter 25 regarding procedures for conducting searches of the personal
belongings of any person who enters the secure portion of a State correctional
facility.
The Commissioner shall consult with the Joint Legislative
Corrections Oversight Committee in developing these rules and shall report
periodically to the Committee regarding the implementation of these
procedures and any issues of concern.
(b)
The Commissioner shall identify the types and amounts of contraband,
and the methods used to transport contraband into each State correctional
facility, including perimeter breaches, mail, and contacts with visitors.
The
Commissioner shall include this information in the Commissioner’s regular
monthly reports to the Joint Legislative Corrections Oversight Committee from
July 1, 2014 through December 1, 2014.
(c)
On or before December 1, 2015, the Commissioner shall make
recommendations to the Joint Legislative Corrections Oversight Committee
regarding strategies to prevent contraband from entering State correctional
facilities.
(d)
The Commissioner may conduct preemployment drug screening in
accordance with 21 V.S.A. § 512 of all permanent and temporary employees
hired after July 1, 2014 and may conduct background investigations, including
obtaining criminal history records in accordance with 20 V.S.A. § 2056a, prior
to hiring any permanent or temporary employee.
(e)
On or before October 15, 2014, the Department of Corrections shall
prepare and submit a report to the Joint Legislative Corrections Oversight
Committee on security and safety concerns at State correctional facilities
arising from public or private entities employing offenders through work
programs.
Second:
In Sec. 4, by striking out the section in its entirety and inserting in
- 3011 -
lieu thereof two new sections to read:
Sec. 4.
CONTACT VISITS
The Commissioner of Corrections shall update the Joint Legislative
Corrections Oversight Committee on a process for permitting offenders to earn
contact visits if the contact privilege was taken away.
Sec. 5.
EFFECTIVE DATES
(a)
This section and Secs. 1a, 2, and 4 shall take effect on passage.
(b)
Secs. 1 and 3 shall take effect on July 1, 2014.
S. 221
An act relating to providing statutory purposes for tax expenditures
Rep. Condon of Colchester,
for the Committee on
Ways and Means,
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:
* * * Income, Bank Franchise, Insurance Premium,
and Property Taxes * * *
Sec. 1.
16 V.S.A. § 2826 is added to read:
§ 2826.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for interest income from
Vermont Student Assistance Corporation (VSAC) bonds in section 2825 of
this title is to lower the cost of borrowing in order to finance education loan
programs.
(b)
The statutory purpose of the exemption for Vermont Student Assistance
Corporation property tax in section 2825 of this title is to allow State
instrumentalities
that
provide
financial
and
information
resources
for
postsecondary education and training to use all of their resources for those
purposes.
Sec. 2.
30 V.S.A. § 8060(c) is added to read:
(c)
The
statutory
purpose
of
the
exemption
for
Vermont
Telecommunications Authority (VTA) bonds and notes in section 8074 of this
title is to lower the cost of borrowing in order to finance the expansion of
broadband access across the State.
Sec. 3.
32 V.S.A. § 5813 is added to read:
§ 5813.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for Vermont municipal bond
- 3012 -
income in subdivision 5811(21)(A)(i) of this title is to lower the cost of
borrowing in order to finance State and municipal projects.
(b)
The statutory purpose of the Vermont flat capital gains exclusion in
subdivision 5811(21)(B)(ii) of this title is intended to increase savings and
investment by making the effective tax rate on capital gains income lower than
the effective tax rate on earned income while exempting a portion of the gain
that may represent inflation.
The 40 percent business capital gains exclusion
mitigates the impact of one-time realizations in a progressive tax structure.
(c)
The statutory purpose of the Vermont credit for child and dependent
care in subsection 5822(d) of this title is to provide financial assistance to
employees who must incur dependent care expenses to stay in the workforce in
the absence of prekindergarten programming.
(d)
The statutory purpose of the Vermont credit for persons who are elderly
or disabled in subsection 5822(d) of this title is to provide financial assistance
to seniors and persons who are disabled with little tax-exempt retirement or
disability income.
(e)
The statutory purpose of the Vermont investment tax credit in
subsection 5822(d) of this title is to encourage Vermont business investments
by lowering the effective costs of certain activities.
(f)
The statutory purpose of the Vermont farm income averaging credit in
subdivision 5822(c)(2) of this title is to mitigate the adverse tax consequences
of fluctuating farm incomes under a progressive tax structure and to provide
stability to farm operations.
(g)
The statutory purpose of the exemption for military pay in subdivisions
5823(a)(2) and (b)(3) of this title is to provide additional compensation for
military personnel in recognition of their service to Vermont and to the
country.
(h)
The statutory purpose of the Vermont charitable housing credit in
section 5830c of this title is to enable lower capital cost to certain affordable
housing charities by restoring some of the forgone investment income through
a tax credit to the investor.
(i)
The statutory purpose of the Vermont affordable housing credit in
section 5930u of this title is to increase the capital available to certain
affordable housing projects for construction or rehabilitation by attracting
up-front private investment.
(j)
The statutory purpose of the Vermont qualified sale of a mobile home
park credit in section 5828 of this title is to encourage sales of mobile home
parks to a group composed of a majority of the mobile home park leaseholders,
- 3013 -
or to a nonprofit organization that represents such a group, and, in doing so, to
provide stability to the inhabitants of such mobile home parks.
(k)
The statutory purpose of the Vermont higher education investment
credit in section 5825a of this title is to encourage contributions to Vermont
529 plans that would not otherwise occur and to lower the cost of higher
education for Vermont students and the Vermont taxpayers who financially
support them.
(l)
The statutory purpose of the Vermont entrepreneurs’ seed capital fund
credit in section 5830b of this title is to provide incentives for investment in
the Seed Capital Fund, ensuring it has sufficient capital to make equity
investments in Vermont businesses.
(m)
The statutory purpose of the Vermont historical rehabilitation tax credit
in subsection 5930cc(a) of this title is to provide incentives to improve and
rehabilitate historic properties in designated downtowns and village centers.
(n)
The statutory purpose of the Vermont facade improvement tax credit in
subsection 5930cc(b) and sections 5930aa–5930ff of this title is to provide
incentives to improve facades and rehabilitate historic properties in designated
downtowns and village centers.
(o)
The statutory purpose of the Vermont code improvement tax credit in
subsection 5930cc(c) and sections 5930aa–5930ff of this title is to provide
incentives
to
improve
and
rehabilitate
historic
properties
in
designated
downtowns and village centers.
(p)
The statutory purpose of the Vermont research and development tax
credit in section 5930ii of this title is to encourage business investment in
research
and
development
within
Vermont
and
to
attract
and
retain
intellectual-property-based companies.
(q)
The statutory purpose of the Vermont downtown tax credits in sections
5930n–5930r of this title is to provide incentives to improve and rehabilitate
historic properties in designated downtowns and village centers.
(r)
The statutory purpose of the Vermont low-income child and dependent
care tax credit in section 5828c of this title is to provide cash relief to
lower-income employees who incur dependent care expenses in certified
centers to enable them to remain in the workforce.
(s)
The statutory purpose of the Vermont earned income tax credit in
section 5828b of this title is to provide incentives for low-income working
families and individuals and to offset the effect on these Vermonters of
conventionally regressive taxes.
(t)
The statutory purpose of the Vermont machinery and equipment tax
- 3014 -
credit in section 5930ll of this title is to provide an incentive to make a major,
long-term capital investment in Vermont-based plant and property to ensure
the continuation of in-state employment.
(u)
The statutory purpose of the Vermont employment growth incentive in
section 5930b of this title is to provide a cash incentive to encourage quality
job growth in Vermont.
(v)
The statutory purpose of the Vermont Downtown and Village Center
Program tax credits in section 5930cc of this title is to provide incentives to
improve and rehabilitate historic properties in designated downtowns and
village centers.
* * * Meals and Rooms Taxes and Insurance
Premium Taxes * * *
Sec. 4.
32 V.S.A. § 9247 is added to read:
§ 9247.
HOSPITAL AND MEDICAL SERVICE CORPORATIONS AND
CREDIT UNIONS
Notwithstanding 8 V.S.A. §§ 4518, 4590, and 30901, hospital service
corporations, medical service corporations, and credit unions shall be subject
to the meals and rooms tax.
The statutory purpose of the remaining
exemptions in 8 V.S.A. § 4518 is to lower the cost of health services to
Vermonters.
The statutory purpose of the remaining exemptions in 8 V.S.A.
§ 4590 is to lower the cost of health services to Vermonters.
The statutory
purpose of the remaining exemptions in 8 V.S.A. § 30901 is to affirm the
nonprofit, cooperative structure of credit unions.
Sec. 5.
32 V.S.A. § 9201 is added to read:
§ 9201.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for grocery-type items furnished
for take-out in subdivision 9202(10)(D)(i) of this title is to limit the cost of
goods that are necessary for the health and welfare of all people in Vermont.
(b)
The statutory purpose of the exemption for meals served or furnished
on the premises of a nonprofit organization in subdivision 9202(10)(D)(ii)(I) of
this title is to allow more of the revenues generated by certain activities to be
dedicated to furthering the public-service missions of the organizations.
(c)
The statutory purpose of the exemption for meals provided on school
premises in subdivision 9202(10)(D)(ii)(II) of this title is to reduce the overall
cost of education in Vermont.
(d)
The statutory purpose of the exemption for meals provided at hospitals
and convalescent and nursing homes in subdivision 9202(10)(D)(ii)(IV) of this
- 3015 -
title is to reduce the overall costs of health care and senior care in Vermont.
(e)
The statutory purpose of the exemption for summer camps for children
in subdivision 9202(10)(D)(ii)(VI) of this title is to reduce the cost of summer
education and outdoor activities for youth.
(f)
The statutory purpose of the exemption for nonprofits at fairs, bazaars,
picnics, and similar events in subdivision 9202(10)(D)(ii)(VII) of this title is to
allow more of the revenues generated by certain activities to be dedicated to
furthering the public-service missions of the organizations.
(g)
The statutory purpose of the exemption for meals furnished to an
employee of a hotel or restaurant operator as remuneration for his or her
employment in subdivision 9202(10)(D)(ii)(VIII) of this title is to avoid the
taxation of in-kind benefits.
(h)
The statutory purpose of the exemption for meals served on the
premises
of
a
continuing
care
retirement
community
in
subdivision
9202(10)(D)(ii)(XI) is to exclude meals prepared in a person’s home from
taxation.
(i)
The statutory purpose of the exemption for student housing in
subdivision 9202(8) of this title is to reduce the overall costs of education in
Vermont.
(j)
The statutory purpose of the exemption for rooms furnished to an
employee of a hotel or restaurant operator as remuneration for his or her
employment in subdivision 9202(6) of this title is to exclude the taxation of
in-kind benefits.
(k)
The statutory purpose of the exemption for summer camps for children
in subdivision 9202(6) of this title is to reduce the cost of summer education
and outdoor activities for youth.
(l)
The statutory purpose of the exemption for rooms on the premises of a
nonprofit in subdivision 9202(3)(C) of this title is to allow more of the
revenues generated by certain activities to be dedicated to furthering the
public-service missions of the organizations.
(m)
The statutory purpose of the exemption for rooms on the premises of a
continuing care retirement community in subdivision 9202(3)(D) of this title is
to exclude from taxation rooms that are a person’s residence.
* * * Sales Taxes * * *
Sec. 6.
32 V.S.A. § 9706 is added to read:
§ 9706.
STATUTORY PURPOSES
- 3016 -
(a)
The statutory purpose of the exemption for medical products in
subdivision 9741(2) of this title is to lower the cost of medical products in
order to support the health and welfare of Vermont residents.
(b)
The statutory purpose of the exemption for agricultural inputs in
subdivision 9741(3) of this title is to promote Vermont’s agricultural economy.
(c)
The statutory purpose of the exemption for veterinary supplies in
subdivision 9741(3) of this title is to lessen the cost of veterinary services in
order to support the health and welfare of Vermont animals.
(d)
The statutory purpose of the exemption for fuels for railroads and boats
in subdivision 9741(7) of this title is to avoid the taxation of fuels for the types
of transportation for which public expenditure on infrastructure is unnecessary.
(e)
The statutory purpose of the exemption for sales of food in subdivision
9741(13) of this title is to limit the cost of goods that are necessary for the
health and welfare of all people in Vermont.
(f)
The statutory purpose of the exemption for newspapers in subdivision
9741(15) of this title is to reduce the cost of access to news and community
information for people in Vermont.
(g)
The statutory purpose of the exemption for rentals of coin-operated
washing facilities in subdivision 9741(19) of this title is to exclude from
taxation facilities that are still operated with coins.
(h)
The statutory purpose of the exemption for admission fees to nonprofit
museums in subdivision 9741(20) of this title is to support the missions of
certain nonprofit facilities and encourage higher visitation.
(i)
The statutory purpose of the exemption for items sold to fire,
ambulance, and rescue squads in subdivision 9741(21) of this title is to limit
the tax on organizations charged with protecting the safety of the public.
(j)
The
statutory
purpose of
the
exemption
for
funeral
charges
in
subdivision 9741(22) of this title is to lessen the costs accumulated by the
bereaved.
(k)
The statutory purpose of the exemption for commercial, industrial, or
agricultural research tangible personal property use in subdivision 9741(24) of
this title is to reduce financial barriers to research and innovation in the
commercial, industrial, and agricultural industries.
(l)
The statutory purpose of the exemption for agricultural machinery and
equipment in subdivision 9741(25) of this title is to promote Vermont’s
agricultural economy.
(m)
The statutory purpose of the exemption for energy purchases for a
- 3017 -
residence in subdivision 9741(26) of this title is to limit the cost of goods that
are necessary for the health and welfare of Vermonters.
(n)
The statutory purpose of the exemption for energy purchases for
farming
in
subdivision
9741(27) of
this
title
is
to
promote
Vermont’s
agricultural economy.
(o)
The statutory purpose of the exemption for sales of films to movie
theaters in subdivision 9741(28) of this title is to avoid double taxation.
(p)
The statutory purpose of the exemption for aircraft and depreciable
parts for commercial and private use in subdivision 9741(29) of this title is to
promote the growth of the aircraft maintenance industry in Vermont.
(q)
The statutory purpose of the exemption for railroad rolling stock and
depreciable parts in subdivision 9741(30) of this title is to increase the use of
rail for transport.
(r)
The statutory purpose of the exemption for ferryboats and depreciable
parts in subdivision 9741(31) of this title is to increase the use of ferries for
transport.
(s)
The statutory purpose of the exemption for sales of mobile homes and
modular housing in subdivision 9741(32) of this title is to create equity
between mobile and modular housing and traditional residential construction
by providing an exemption for the estimated portion of the cost attributable to
labor (versus materials).
(t)
The statutory purpose of the exemption for the United States flag sold to
or by exempt veterans’ organizations in subdivision 9741(33) of this title is to
support veterans’ organizations in performing their traditional functions.
(u)
The statutory purpose of the exemption for property transferred as an
incidental part of a personal service transaction or transfer of intangible
property rights in subdivision 9741(35) of this title is to forgo taxation when
the cost of compliance exceeds the revenues.
(v)
The statutory purpose of the exemption for advertising materials in
subdivision 9741(36) of this title is to exclude tangible personal property from
taxation if it is incidental to a larger service.
(w)
The statutory purpose of the exemption for documents that record a
professional service in subdivision 9741(37) of this title is to exclude tangible
personal property from taxation if it is incidental to a service package.
(x)
The statutory purpose of the tracked vehicles cap in subdivision
9741(38) of this title is to lessen the cost of capital investments.
(y)
The statutory purpose of the exemption for sales of building materials
- 3018 -
in subdivisions 9741(39) of this title is to provide incentives to restore and
revitalize downtown districts.
(z)
The
statutory
purpose
of
the
exemption
for
third
party
scrap
construction materials in subdivision 9741(43) of this title is to promote the
reuse and recycling of scrap construction materials.
(aa)
The statutory purpose of the exemption for property incorporated in a
railroad line in subdivision 9741(44) of this title is to increase the use of rail
for transport by lowering the costs of materials.
(bb)
The statutory purpose of the exemption for clothing and footwear in
subdivision 9741(45) of this title is to limit the tax burden on the purchase of
goods that are necessary for the health and welfare of all people in Vermont.
(cc)
The statutory purpose of the exemptions for property incorporated into
a net metering system, on-premise energy systems not connected to the electric
distribution system, and solar hot water heating systems in subdivision
9741(46) of this title are to increase the deployment of solar technologies until
the price of solar materials and installation decreases to the point it does not
need State subsidization.
(dd)
The statutory purpose of the exemption for purchases by and limited
purchases from 501(c)(3) organizations in subdivision 9743(3) of this title is to
reduce costs for certain nonprofit organizations in order to allow them to
dedicate more of their financial resources to furthering the public-service
missions of the organizations.
(ee)
The statutory purpose of the exemption for building materials and
supplies used in construction or repair of buildings by governmental bodies,
501(c)(3) organizations, or development corporations in subdivision 9743(4) of
this
title
is
to
reduce
the
costs
of
construction
for
certain
nonprofit
organizations in order to allow them to dedicate more financial resources to
their public-service missions.
(ff)
The statutory purpose of the exemption for amusement charges for four
events per
year for 501(c)(4)–(13) and
(19) organizations and political
organizations in subdivision 9743(5) of this title is to reduce the costs for and
encourage participation in a limited number of events organized by certain
nonprofit organizations in order to allow these organizations to dedicate more
financial resources to their public-service missions.
(gg)
The statutory purpose of the exemption for amusement charges for
events presented by 501(c)(3) organizations in subdivision 9743(7) of this title
is to reduce the costs for and encourage participation in fundraising events
organized
by
certain
nonprofit
organizations
in
order
to
allow
these
- 3019 -
organizations to dedicate more financial resources to their public-service
missions.
(hh)
The statutory purpose of the reallocation of receipts from tax imposed
on sales of construction materials in section 9819 of this title is to provide
incentives to restore and revitalize certain properties in designated downtown
districts.
(ii)
The statutory
purpose
of
the
exemption
for
sales
by
licensed
auctioneers in subdivision 9741(48) of this title is to extend the “casual sale”
exemption to sales involving an auctioneer selling on behalf of a third party.
* * * Property Taxes * * *
Sec. 7.
10 V.S.A. § 210 is added to read:
§ 210.
STATUTORY PURPOSES
The statutory purpose of the exemption for local development corporations
in section 236 of this title is to promote economic development.
Sec. 8.
10 V.S.A. § 602 is added to read:
§ 602.
STATUTORY PURPOSES
The statutory purpose of the exemption for the Vermont Housing Finance
Agency in subsection 641(a) of this title is to provide and promote affordable
housing.
Sec. 9.
16 V.S.A. § 2170 is added to read:
§ 2170.
STATUTORY PURPOSES
The statutory purpose of the exemption for the Vermont State Colleges in
section 2178 of this title is to allow institutions providing higher education to
deploy more of their financial resources to their educational missions.
Sec. 10.
16 App. V.S.A. § 1-15a is added to read:
§ 1-15a.
STATUTORY PURPOSES
The statutory purpose of the exemption for the University of Vermont in
section 1-15 of this chapter is to allow institutions providing higher education
to deploy more of their financial resources to their educational missions.
Sec. 11.
18 V.S.A. § 5300 is added to read:
§ 5300.
STATUTORY PURPOSES
The statutory purpose of the exemption for cemeteries in sections 5317 and
5376 of this title is to lower the cost of establishing and maintaining
cemeteries.
- 3020 -
Sec. 12.
22 V.S.A. § 68 is added to read:
§ 68.
STATUTORY PURPOSES
The statutory purpose of the exemption for libraries in section 109 of this
title is to aid libraries in offering free and public access to information and
research resources.
Sec. 13.
24 V.S.A. § 4000 is added to read:
§ 4000.
STATUTORY PURPOSES
The statutory purpose of the exemption for housing authorities in section
4020 of this title is to promote, provide, and preserve affordable housing.
Sec. 14.
32 V.S.A. § 3750 is added to read:
§ 3750.
STATUTORY PURPOSES
The statutory purpose of the Vermont Use Value Appraisal Program in
chapter 124 of this title is to preserve the working landscape and the rural
character of Vermont.
Sec. 15.
32 V.S.A. § 3800 is added to read:
§ 3800.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for congressionally chartered
organizations
in
subdivision
3802(2)
of
this
title
is
to
support
certain
organizations with a patriotic, charitable, historical, or educational purpose.
(b)
The statutory purpose of the exemption for public, pious, and charitable
property in sections 3832 and 3840 and subdivision 3802(4) of this title is to
allow these organizations to dedicate more of their financial resources to
furthering their public-service missions.
(c)
The statutory purpose of the exemption for college fraternities and
societies in subdivision 3802(5) of this title is to promote civic services.
(d)
The statutory purpose of the exemption for Young Men’s and Women’s
Christian Associations in subdivision 3802(6) of this title is to allow these
organizations to dedicate more of their financial resources to furthering their
public-service missions.
(e)
The statutory purpose of the exemption for cemeteries in subdivision
3802(7) of this title is to lower the cost of establishing and maintaining
cemeteries.
(f)
The statutory purpose of the exemption for property owned by
agricultural societies in subdivision 3802(9) of this title is to lower the cost of
public access to agricultural events.
- 3021 -
(g)
The statutory purpose of the exemption for $10,000.00 of appraised
value of a residence for a veteran in subdivision 3802(11) of this title is to
recognize disabled veterans’ service to Vermont and to the country.
(h)
The statutory purpose of the exemption for property exclusively
installed and operated for the abatement of water pollution in subdivision
3802(12) of this title is to encourage real property improvements that abate
water pollution by nonpublic entities that would not qualify for an exemption
as a government entity.
(i)
The statutory purpose of the exemption for humane societies in
subdivision 3802(15) of this title is to lower operating costs for organizations
that protect animals to allow them to dedicate more of their financial resources
to furthering their public-service missions.
(j)
The statutory purpose of the exemption for federally qualified health
centers or rural health clinics in subdivision 3802(16) of this title is to support
health centers that serve an underserved area or population, offer a sliding fee
scale, provide comprehensive services, and have an ongoing quality assurance
program.
(k)
The statutory purpose of the railroad property alternative tax method in
subdivision 3803(1) of this title is to provide an alternative to the traditional
valuation method in order to achieve consistency across municipalities.
(l)
The statutory purpose of the telephone property alternative tax method
referenced in subdivision 3803(2) of this title is to provide an alternative to the
traditional
valuation
method
in
order
to
achieve
consistency
across
municipalities.
(m)
The statutory purpose of the exemptions in Vermont permanent session
law in 2008 Acts and Resolves No. 190, 1892 Acts and Resolves No. 213,
1945 Acts and Resolves No. 204, 1939 Acts and Resolves No. 250, 1921 Acts
and Resolves No. 31, 1921 Acts and Resolves No. 262, 1910 Acts and
Resolves No. 370, and 1900 Acts and Resolves No. 244 is to provide relief to
specific properties that have demonstrated an individual purpose to the General
Assembly.
Sec. 16.
32 V.S.A. § 5400 is added to read:
§ 5400.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for whey processing fixtures in
subdivision 5401(10)(G) of this title is to support industries using whey
processing facilities to convert waste into value-added products.
(b)
The statutory purpose of the exemption for municipalities hosting large
power plants in subsection 5402(d) of this title is to compensate businesses and
- 3022 -
residents of the community hosting a nuclear power facility.
(c)
The statutory purpose of the exemption for qualified housing in
subdivision 5404a(a)(6) of this title is to ensure that taxes on this rent restricted
housing
provided
to
low- and
moderate-income
Vermonters
are
more
equivalent to property taxed using the State homestead rate and to adjust the
costs of investment in rent restricted housing to reflect more accurately the
revenue potential of such property.
(d)
The statutory purpose of the tax increment financing districts in
subsection 5404a(f) of this title is to allow communities to encourage
investment and improvements that would not otherwise occur and to use
locally the additional property tax revenue attributable to those investments to
pay off the debt incurred to construct the improvements.
(e)
The statutory purpose of the Vermont Economic Progress Council
approved stabilization agreements in section 5404a of this title is to provide
exemptions on a case-by-case basis in conjunction with other economic
development efforts in order to facilitate economic development that would not
otherwise occur.
(f)
The statutory purpose of the large power plants alternative tax method
in subdivision 5401(10)(B) of this title is to provide an alternative to the
traditional valuation method for a unique property.
(g)
The statutory purpose of the wind-powered electric generating facilities
alternative tax scheme in subdivision 5401(10)(J)(i) of this title is to provide an
alternative to the traditional valuation method in order to achieve consistent
valuation across municipalities.
(h)
The statutory purpose of the renewable energy plant generating
electricity
from
solar
power
alternative
tax
structure
in
subdivision
5401(10)(J)(ii) is to provide an alternative to the traditional valuation method
in order to achieve consistent valuation across municipalities.
* * * Insurance Premium Taxes * * *
Sec. 17.
8 V.S.A. § 3700 is added to read:
§ 3700.
STATUTORY PURPOSES
The statutory purpose of the exemption for annuity considerations in section
3718 of this title is to avoid reciprocity from other states.
Sec. 18.
8 V.S.A. § 4460 is added to read:
§ 4460.
STATUTORY PURPOSES
The statutory purpose of the exemption for fraternal societies in section
- 3023 -
4500 of this title is to support benevolent societies that provide benefits to
members and to the community.
* * * Transportation Taxes * * *
Sec. 19.
23 V.S.A. § 3000 is added to read:
§ 3000.
STATUTORY PURPOSES
The statutory purpose of the exemption for diesel tax in section 3003 of this
title is to relieve off-road uses and farm truck uses from the user fee for the
State highway system.
Sec. 20.
32 V.S.A. § 8900 is added to read:
§ 8900.
STATUTORY PURPOSES
(a)
The statutory purpose of the exemption for pious or charitable
institutions or volunteer fire companies in subdivision 8911(3) of this title is to
lower the operating costs of pious and charitable organizations considered
exempt under subdivision 3802(4) of this title to allow them to dedicate more
of their financial resources to furthering their public-service missions.
(b)
The statutory purpose of the exemption for nonregistered vehicles in
subdivision 8911(5) of this title is to exclude from the tax vehicles that are not
entitled to use the State highway system.
(c)
The statutory purpose of the exemption for gifts in subdivision 8911(8)
of this title is to avoid the intrusion of a tax into sharing transactions that are
common within families.
(d)
The statutory purpose of the exemption for persons with disabilities in
subdivision 8911(12) of this title is to lessen the cost of purchasing a vehicle
that has been modified to meet the physical needs of a qualifying Vermonter.
(e)
The statutory purpose of the exemption for veterans in subdivision
8911(14) of this title is to remove every cost to a qualifying veteran of
receiving a vehicle granted by the Veterans’ Administration.
(f)
The statutory purpose of the general exemption of trade-in value in
subdivisions 8902(4) and (5) of this title is to ensure the use value of a vehicle
is taxed only once.
* * * Tax Expenditure Report * * *
Sec. 21.
32 V.S.A. § 312 is amended to read:
§ 312.
TAX EXPENDITURE REPORT
(a)
As used in this section, “tax expenditure” shall mean the actual or
estimated loss in tax revenue resulting from any exemption, exclusion,
- 3024 -
deduction, or credit, preferential rate, or deferral of liability applicable to the
tax.
Tax expenditures shall not include the following:
(1)
revenue outside the taxing power of the State;
(2)
provisions outside the normal structure of a particular tax, or taxed
under an alternative tax structure;
(3)
revenue forgone as unduly burdensome to administer; and
(4)
for the purpose of avoiding government taxing itself.
(b)
Tax expenditure reports.
Biennially, as part of the budget process,
beginning January 15, 2009, the Department of Taxes and the Joint Fiscal
Office shall file with the House Committees on Ways and Means and on
Appropriations and the Senate Committees on Finance and on Appropriations
a report on tax expenditures in the personal and corporate income taxes, sales
and use tax, and meals and rooms tax, insurance premium tax, bank franchise
tax, education property tax, diesel fuel tax, gasoline tax, motor vehicle
purchase and use tax, and such other tax expenditures for which the Joint
Fiscal Office and the Department of Taxes jointly have produced revenue
estimates.
The Office of Legislative Council shall also be available to assist
with this tax expenditure report.
The report shall include, for each tax
expenditure, the following information:
(1)
A a description of the tax expenditure.;
(2)
The the most recent fiscal information available on the direct cost of
the tax expenditure in the past two years.;
(3)
The the date of enactment of the expenditure.;
(4)
A a description of and estimate of the number of taxpayers directly
benefiting from the expenditure provision;
(5)
a description of the statutory purpose explaining the policy goal
behind the expenditure as required by subsection (d) of this section and 2013
Acts and Resolves No.73, Sec. 5; and
(6)
a compilation of the items excluded under subsection (a) of this
section.
(c)
[Deleted.]
(d)
Every tax expenditure, as defined in subsection (a) of this section, in the
tax expenditure report required by this section shall be accompanied in statute
by a statutory purpose explaining the policy goal behind the exemption,
exclusion, deduction, or credit applicable to the tax.
The statutory purpose
shall appear as a separate subsection or subdivision in statute and shall bear the
- 3025 -
title “Statutory Purpose.”
Notwithstanding any other provision of law, a tax
expenditure listed in the tax expenditure report that lacks a statutory purpose in
statute shall not be implemented or enforced until a statutory purpose is
provided.
* * * Repeals * * *
Sec. 22.
REPEALS
The following are repealed:
(1)
32 V.S.A. § 9741(39)(ii) (tax exemption on sales of building
materials in excess of $250,000.00).
(2)
32 V.S.A. § 9771a (limitation of tax on telecommunications
services).
(3)
2010 Acts and Resolves No. 160, Sec. 2(d) (requiring January 15,
2015 tax expenditure report to include list of federal tax expenditures).
* * * Effective Date * * *
Sec. 23.
EFFECTIVE DATE
This act shall take effect on July 1, 2014, except for Sec. 22(2) (Repeals;
limitation of tax on telecommunications), which is repealed on January 1,
2015.
(Committee vote: 10-0-1 )
(For text see Senate Journal March 14, 2014 )
S. 256
An act relating to the solemnization of a marriage by a Judicial Bureau
hearing officer
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.
18 V.S.A. § 5144 is amended to read:
§ 5144.
PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE
(a)
Marriages may be solemnized by a supreme court justice Supreme
Court Justice, a superior Superior judge, a judge of probate Probate, an
assistant judge, a justice of the peace, a magistrate, a Judicial Bureau hearing
officer, an individual who has registered as an officiant with the Vermont
secretary of state Secretary of State pursuant to section 5144a of this title, a
member of the clergy residing in this state State and ordained or licensed, or
- 3026 -
otherwise regularly authorized thereunto by the published laws or discipline of
the general conference, convention, or other authority of his or her faith or
denomination, or by such a clergy person residing in an adjoining state or
country, whose parish, church, temple, mosque, or other religious organization
lies wholly or in part in this state State, or by a member of the clergy residing
in some other state of the United States or in the Dominion of Canada,
provided he or she has first secured from the probate division of the superior
court Probate Division of the Superior Court in the unit within which the
marriage is to be solemnized a special authorization, authorizing him or her to
certify
the
marriage
if
the probate Probate judge
determines
that
the
circumstances make the special authorization desirable.
Marriage among the
Friends or Quakers, the Christadelphian Ecclesia, and the Baha’i Faith, and
Native American Indian Tribes may be solemnized in the manner heretofore
used in such societies.
(b)
This section does not require a member of the clergy authorized to
solemnize a marriage as set forth in subsection (a) of this section, nor societies
of Friends or Quakers, the Christadelphian Ecclesia, or the Baha’i Faith, or
Native American Indian Tribes to solemnize any marriage, and any refusal to
do so shall not create any civil claim or cause of action.
Sec. 2.
RECIPROCAL BENEFICIARIES; REPEAL; INTENT
(a)
The stated purpose of the reciprocal beneficiaries is to provide two
persons who are blood-relatives or related by adoption the opportunity to
establish a consensual reciprocal beneficiaries relationship so they may receive
the benefits and protections and be subject to the responsibilities that are
granted to spouses in specific areas.
Since enactment in 2000, no reciprocal
beneficiary relationship has been established in Vermont.
(b)
15 V.S.A. chapter 25 is repealed (reciprocal beneficiaries).
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 9-0-2 )
(For text see Senate Journal January 16, 2014 )
Amendment to be offered by Rep. Buxton of Tunbridge to S. 256
That the bill be amended in Sec. 1, 18 V.S.A. § 5144, in subsection (a), after “a
Judicial Bureau hearing officer” by adding “, a member of the General
Assembly”
- 3027 -
Favorable
J.R.H. 19
Joint resolution relating to encouraging New Hampshire to enact laws
protecting emergency responders from across state lines
Rep. Devereux of Mount Holly
, for the Committee on
Government
Operations,
recommends the resolution ought to be adopted.
( Committee Vote: 10-0-1)
S. 195
An act relating to increasing the penalties for second or subsequent
convictions for disorderly conduct, and creating a new crime of aggravated
disorderly conduct
Rep. Conquest of Newbury,
for the Committee on
Judiciary
, recommends
that the bill ought to pass in concurrence.
(Committee Vote: 11-0-0)
(For text see Senate Journal March 14, 2014 )
S. 225
An act relating to a report on recommended changes in the structure of
Vermont State employment in order to reduce employment-related stress
Rep. Cole of Burlington,
for the Committee on
Government Operations
,
recommends that the bill ought to pass in concurrence.
(Committee Vote: 9-2-0)
(For text see Senate Journal March 26, 2014 )
Committee Relieved
S. 213
An act relating to an employee’s use of benefits
Rep. Moran of Wardsboro,
for the Committee on
General, Housing and
Military Affairs,
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.
EMPLOYEE USE OF BENEFITS STUDY
(a)
Creation.
There is created an Employee Use of Benefits Study
Committee to study the issue of no-fault employment policies.
(b)
Membership.
The Employee Use of Benefits Study Committee shall be
- 3028 -
composed of the following members:
(1)
the Commissioner of Labor or designee;
(2)
the Attorney General or designee; and
(3)
any members from the business or labor communities or other
interested parties that the members listed in subdivisions (1) and (2) of this
subsection mutually agree upon, not to exceed seven additional members.
(c)
Powers and duties.
The Committee shall:
(1)
study the issue of no-fault employment policies; and
(2)
assess how no-fault employment policies relate to an employee’s use
of benefits, such as policies addressing attendance incentives, tardiness or
unexcused absences, procedures for using sick leave or other benefits, or
seniority calculations.
(d)
Report.
On or before January 15, 2015, the Committee shall submit a
written report to the Senate Committee on Economic Development, Housing
and General Affairs and the House Committee on General, Housing and
Military Affairs.
(e)
Reimbursement.
Members of the Committee shall not be entitled to per
diem compensation or reimbursement of expenses.
Sec. 2.
21 V.S.A. § 496b is added to read:
§ 496b.
EMPLOYEE USE OF BENEFITS
An employer, employment agency, or labor organization shall not discharge
or in any other manner discriminate against or penalize an employee because
the employee has used, or attempted to use, accrued employer-provided sick
leave.
This section shall not diminish any rights under this chapter or pursuant
to a collective bargaining agreement.
Sec. 3.
EFFECTIVE DATES
(a)
This section and Sec. 1 shall take effect on passage.
(b)
Sec. 2 shall take effect on July 1, 2015.
(Committee vote: 6-1-1 )
(For text see Senate Journal 2/14/2014 )
- 3029 -
Senate Proposal of Amendment to House Proposal of Amendment
S. 299
An act relating to sampler flights
The Senate concurs in the House proposal of amendment with the following
proposal of amendment thereto:
By striking out Sec. 6 in its entirety and inserting in lieu thereof three
sections to be Secs. 6, 7, and 8 to read as follows:
Sec. 6.
DEPARTMENT OF LIQUOR CONTROL REPORT
On or before January 15, 2015, the Commissioner of Liquor Control, in
consultation with the Department of Health, shall submit a report to the Senate
Committee on Economic Development, Housing and General Affairs, the
House Committee on General, Housing and Military Affairs, the Senate
Committee on Judiciary, and the House Committee on Judiciary regarding the
risks associated with powdered alcohol products.
Sec. 7. 7 V.S.A. § 69 is added to read:
§ 69.
POWDERED ALCOHOL PRODUCTS
(a)
A person knowingly and unlawfully possessing a powdered alcohol
product shall be fined not more than $500.00.
(b)
A person knowingly and unlawfully selling a powdered alcohol product
shall be imprisoned not more than two
years or fined not more than
$10,000.00, or both.
(c)
As used in this section, “powdered alcohol product” means any
alcoholic powder that can be added to water or food.
Sec. 8.
EFFECTIVE DATES
(a)
This Sec. and Secs. 3–7 shall take effect on passage.
(b)
Secs. 1 and 2 shall take effect on July 1, 2014.
(For House Proposal of Amendment see House Journal April 22, 2014
Page 1237)
Committee of Conference Report
S. 86
An act relating to miscellaneous changes to election laws
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference to which were referred the disagreeing votes
- 3030 -
of the two Houses upon Senate Bill entitled:
S. 86
An act relating to miscellaneous changes to election laws
Respectfully report that they have met and considered the same and
recommend that the Senate accede to the House proposal of amendment and
the House proposal be further amended as follows:
Respectfully
reports
that
it
has
met
and
considered
the
same
and
recommends that the Senate accede to the House’s proposal of amendment
with the following amendments thereto:
First:
In Sec. 3, by striking out in its entirety 17 V.S.A. § 2154 (statewide
voter checklist)
Second:
By striking out in its entirety Sec. 4, 1 V.S.A. § 317(c)(31), and
inserting in lieu thereof a new Sec. 4 to read:
Sec. 4.
[Deleted.]
Third:
In Sec. 15, 17 V.S.A. § 2351 (primary election), following “A
primary election shall be held on the fourth” by striking out “first” and
inserting in lieu thereof second
Fourth:
In Sec. 16, 17 V.S.A. § 2356 (time for filing petitions and
statements of nomination), by striking out in its entirety subsection (a) and
inserting in lieu thereof a new subsection (a) to read:
(a)
Primary petitions for major party
candidates and statements of
nomination from for minor party candidates and independent candidates shall
be filed no sooner than the second fourth Monday in May April and not later
than 5:00 p.m. on the second fourth Thursday after the first Monday in June
May preceding the primary election prescribed by section 2351 of this title
chapter, and not later than 5:00 p.m. of the 62nd day prior to the day of a
special primary election.
Fifth:
By adding a new section to be Sec. 17a to read:
Sec. 17a.
17 V.S.A. § 2402 is amended to read:
§ 2402.
REQUISITES OF STATEMENT
* * *
(d)(1)
A statement of nomination and a completed and signed consent form
shall be filed as set forth in section 2356 of this title:
(A)
in the case of nomination for President or Vice President of the
United States, no sooner than the fourth Monday in April and not later than
5:00
p.m.
on
August
1
in
the
year preceding
the
presidential
general
- 3031 -
election; or
(B)
in the case of any other independent candidate, no sooner than
the fourth Monday in April and not later than 5:00 p.m. on the Thursday
preceding the primary election prescribed by section 2351 of this chapter, and
not later than 5:00 p.m. of the third day prior to the day of a special primary
election.
(2)
No public official receiving nominations shall accept a petition
unless a completed and signed consent form is filed at the same time.
(3)
A statement of nomination shall apply only to the election cycle in
which the statement of nomination is filed.
* * *
Sixth:
In Sec. 42, in 17 V.S.A. § 2602 (petitions for recounts), in
subsection (b), in the second sentence, following “filed within 10 seven”, by
inserting calendar
Seventh:
In Sec. 74 (effective dates), by striking out in its entirety
subdivision (3) and inserting in lieu thereof a new subdivision (3) to read:
(3)
Secs. 15, 17 V.S.A. § 2351 (primary election); 16, 17 V.S.A. § 2356
(time for filing petitions and statements of nomination); and 17a, 17 V.S.A.
§ 2402 (requisites of statement), shall take effect on January 1, 2016; and
Rep. Linda J. Martin
Rep. Ronald E. Hubert
Rep. Michel A. Consejo
Committee on the part of the House
Sen. Jeanette K. White
Sen. Norman H. McAllister
Sen. Eldred M. French
Committee on the part of the Senate
- 3032 -
NOTICE CALENDAR
Favorable with Amendment
S. 202
An act relating to the energy efficiency charge
Rep. Ellis of Waterbury,
for the Committee on
Natural Resources and
Energy,
recommends that the House propose to the Senate that the bill be
amended as follows:
First:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(B), by striking out
the third sentence and inserting in lieu thereof a new third sentence to read:
In setting the amount of the charge and its allocation, the Board shall
determine an appropriate balance among the following objectives; provided,
however, that particular emphasis shall be accorded to the first four of these
objectives:
reducing the size of future power purchases; reducing the
generation of greenhouse gases; limiting the need to upgrade the State’s
transmission and distribution infrastructure; minimizing the costs of electricity;
reducing Vermont’s total energy demand, consumption, and expenditures;
providing efficiency and conservation as a part of a comprehensive resource
supply strategy; providing the opportunity for all Vermonters to participate in
efficiency and conservation programs; and the value of targeting efficiency and
conservation efforts to locations, markets, or customers where they may
provide the greatest value.
Second:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), in the first
sentence, after “the use of fossil fuels for” by inserting space before “heating”
and after “such as air source” by inserting or geothermal before “heat pumps”.
Third:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), in subdivision
(i), after “electric ratepayers” by inserting as a whole.
Fourth:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), by striking out
subdivision (iii) and inserting in lieu thereof a new subdivision (iii) to read:
(iii)
will result in a net reduction in State energy consumption and
greenhouse gas emissions on a life-cycle basis and will not have a detrimental
impact on the environment through other means such as release of refrigerants
or disposal.
In making a finding under this subdivision, the Board shall
consider the use of the technology at all times of year and any likely new
electricity demand created by such use;
(Committee vote: 8-3-0 )
(For text see Senate Journal April 11, 2014 )
- 3033 -
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 )
Reported without recommendation by
Rep. Keenan of St. Albans City
for
the Committee on
Appropriations.
( Committee Vote: 6-4-1)
Senate Proposal of Amendment
H. 88
An act relating to parental rights and responsibilities involving a child
conceived as a result of a sexual assault
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.
15 V.S.A. § 665 is amended to read:
§ 665.
RIGHTS AND RESPONSIBILITIES ORDER; BEST INTERESTS OF
THE CHILD
(a)
In an action under this chapter, the court Court shall make an order
concerning parental rights and responsibilities of any minor child of the
parties.
The court Court may order parental rights and responsibilities to be
divided or shared between the parents on such terms and conditions as serve
the best interests of the child.
When the parents cannot agree to divide or share
parental rights and responsibilities, the court Court shall award parental rights
and responsibilities primarily or solely to one parent.
(b)
In making an order under this section, the court Court shall be guided
by the best interests of the child, and shall consider at least the following
factors:
(1)
the relationship of the child with each parent and the ability and
disposition of each parent to provide the child with love, affection, and
guidance;
(2)
the ability and disposition of each parent to assure that the child
receives adequate food, clothing, medical care, other material needs, and a safe
- 3034 -
environment;
(3)
the ability and disposition of each parent to meet the child’s present
and future developmental needs;
(4)
the quality of the child’s adjustment to the child’s present housing,
school, and community and the potential effect of any change;
(5)
the ability and disposition of each parent to foster a positive
relationship and frequent and continuing contact with the other parent,
including physical contact, except where contact will result in harm to the
child or to a parent;
(6)
the quality of the child’s relationship with the primary care provider,
if appropriate given the child’s age and development;
(7)
the relationship of the child with any other person who may
significantly affect the child;
(8)
the ability and disposition of the parents to communicate, cooperate
with each other, and make joint decisions concerning the children where
parental rights and responsibilities are to be shared or divided; and
(9)
evidence of abuse, as defined in section 1101 of this title, and the
impact of the abuse on the child and on the relationship between the child and
the abusing parent.
* * *
(f)
The State has a compelling interest in not forcing a victim of sexual
assault or sexual exploitation to continue an ongoing relationship with the
perpetrator of the abuse. Such continued interaction can have traumatic
psychological effects on the victim, making recovery more difficult, and
negatively affect the victim’s ability to parent and to provide for the best
interests of the child.
Additionally, the State recognizes that a perpetrator may
use the threat of pursuing parental rights and responsibilities to coerce a victim
into not reporting or assisting in the prosecution of the perpetrator for the
sexual assault or sexual exploitation, or to harass, intimidate, or manipulate
the victim.
(1)
The Court may enter an order awarding sole parental rights and
responsibilities to a parent and denying all parent-child contact with the other
parent if the Court finds by clear and convincing evidence that the nonmoving
parent was convicted of sexually assaulting the moving parent and the child
was conceived as a result of the sexual assault.
As used in this subdivision,
sexual assault shall include sexual assault as provided in 13 V.S.A. § 3252(a),
(b), (d), and (e), aggravated sexual assault as provided in 13 V.S.A. § 3253,
and aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a,
- 3035 -
lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and
similar offenses in other jurisdictions.
(A)
An order issued in accordance with this subdivision (f)(1) shall
be permanent and shall not be subject to modification.
(B)
Upon issuance of a rights and responsibilities order pursuant to
this subdivision (f)(1), the Court shall not issue a parent-child contact order
and shall terminate any existing parent-child contact order concerning the child
and the nonmoving parent.
(2)
The Court may enter an order awarding sole parental rights and
responsibilities to one parent and denying all parent-child contact between the
other parent and a child if the Court finds that such an order is in the best
interest of the child and finds by clear and convincing evidence that the child
was conceived as a result of the nonmoving parent sexually assaulting or
sexually exploiting the moving parent.
A conviction is not required under this
subdivision and the Court may consider other evidence of sexual assault or
sexual exploitation in making its determination.
(A)
For purposes of this subdivision (f)(2):
(i)
sexual assault shall include sexual assault as provided in
13 V.S.A. § 3252, aggravated sexual assault as provided in 13 V.S.A. § 3253,
aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a, lewd
and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and
similar offenses in other jurisdictions; and
(ii)
sexual exploitation shall include sexual exploitation of an
inmate as provided in 13 V.S.A. § 3257, sexual exploitation of a minor as
provided in 13 V.S.A. § 3258, sexual abuse of a vulnerable adult as provided
in 13 V.S.A. § 1379, and similar offenses in other jurisdictions.
(B)
Except as provided in subdivision (f)(2)(C), the Court shall not
issue a parent-child contact order in a case in which a parental rights and
responsibilities order has been issued pursuant to this subdivision (f)(2) and
any
existing
parent-child
contact
order
concerning
the
child
and
the
nonmoving parent shall be terminated.
(C)
A party may file a motion for modification of the order only upon
a showing of extraordinary, real, substantial, and unanticipated change of
circumstances.
(3)
Issuance of an order in pursuant to this subsection shall not affect the
right of the custodial parent to seek child support from the noncustodial parent.
Sec. 2.
15 V.S.A. § 668 is amended to read:
- 3036 -
§ 668.
MODIFICATION OF ORDER
(a)
On motion of either parent or any other person to whom custody or
parental rights and responsibilities have previously been granted, and upon a
showing of real, substantial and unanticipated change of circumstances, the
court Court may annul, vary, or modify an order made under this subchapter if
it is in the best interests of the child, whether or not the order is based upon a
stipulation or agreement.
* * *
(c)
A final order related to parental rights and responsibilities and parent
child contact issued pursuant to subdivision 665(f)(1) of this title shall not be
subject to modification.
A party may file a motion for modification of an
order related to parental rights and responsibilities and parent child contact
issued pursuant to subdivision 665(f)(2) of this title only upon a showing of
extraordinary, real, substantial, and unanticipated change of circumstances.
Sec. 3.
13 V.S.A. § 2651(3) is amended to read:
(3)
“Commercial sex act” means any sex sexual act, sexual conduct, or
sexually explicit performance on account of which anything of value is
promised to, given to, or received by any person.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal February 7, 2014 )
H. 217
An act relating to smoking in lodging establishments, hospitals, and child care
facilities, and on State lands
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 2, 18 V.S.A. § 1741, by striking out subdivision (2)(R) in its
entirety and relettering the remaining subdivisions to be alphabetically correct.
Second:
In Sec. 3, 18 V.S.A. § 1742, by striking out subsection (a) in its
entirety and inserting in lieu thereof a new subsection (a) to read as follows:
(a)
The possession of lighted tobacco products in any form is prohibited in:
(1)
the common areas of all enclosed indoor places of public access and
publicly owned buildings and offices;
(2)
all enclosed indoor places in lodging establishments used for
transient traveling or public vacationing, such as resorts, hotels, and motels,
including sleeping quarters and adjoining rooms rented to guests;
- 3037 -
(3)
designated smoke-free areas of property or grounds owned by or
leased to the State; and
(4)
any other area within 25 feet of State-owned buildings and offices,
except that to the extent that any portion of the 25-foot zone is not on State
property, smoking is prohibited only in that portion of the zone that is on State
property unless the owner of the adjoining property chooses to designate his or
her property smoke-free.
Third:
By striking out Sec. 4, 16 V.S.A. § 140, in its entirety and inserting
in lieu thereof a new Sec. 4 to read as follows:
Sec. 4.
16 V.S.A. § 140 is amended to read:
§ 140.
TOBACCO USE PROHIBITED ON PUBLIC SCHOOL GROUNDS
No person shall be permitted to use tobacco or tobacco substitutes as
defined in 7 V.S.A. § 1001 on public school grounds and no student shall be
permitted to use tobacco or at public school sponsored functions.
Each public
school board shall adopt policies prohibiting the possession and use of tobacco
products by students at all times while under the supervision of school staff.
These policies shall Public school boards may adopt policies that include
confiscation and appropriate referrals to law enforcement authorities.
Fourth.
By striking out Sec. 8, effective date, and inserting in lieu thereof two
new sections to be numbered Secs. 8 and 9 to read as follows:
Sec. 8.
7 V.S.A. § 1012 is added to read:
§ 1012.
LIQUID NICOTINE; PACKAGING
(a)
Unless
specifically
preempted
by
federal
law,
no
person
shall
manufacture, regardless of location, for sale in; offer for sale in; sell in or into
the stream of commerce in; or otherwise introduce into the stream of
commerce in Vermont:
(1)
any liquid or gel substance containing nicotine unless that product is
contained in child-resistant packaging; or
(2)
any nicotine liquid container unless that container constitutes
child-resistant packaging.
(b)
As used in this section:
(1)
“Child-resistant packaging” means packaging that is designed or
constructed to be significantly difficult for children under five years of age to
open or obtain a toxic or harmful amount of the substance contained therein
within a reasonable time and not difficult for normal adults to use properly, but
does not mean packaging which all such children cannot open or obtain a toxic
- 3038 -
or harmful amount within a reasonable time.
(2)
“Nicotine liquid container” means a bottle or other container of a
nicotine liquid or other substance containing nicotine which is sold, marketed,
or intended for use in a tobacco substitute.
The term does not include a
container containing nicotine in a cartridge that is sold, marketed, or intended
for use in a tobacco substitute if the cartridge is prefilled and sealed by the
manufacturer and not intended to be opened by the consumer.
Sec. 9.
EFFECTIVE DATES
(a)
Secs. 1–7 and this section shall take effect on July 1, 2014.
(b)
Sec. 8 (liquid nicotine; packaging) shall take effect on January 1, 2015.
(For text see House Journal February 27, 2014 )
H. 681
An act relating to the professional regulation for veterans, military service
members, and military spouses
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1 (professional regulatory entities; military service licensure
requirements), in subdivision (a)(1) (definition of “expedited temporary license
by endorsement”), at the end of the subdivision following “licensure in another
state”, by inserting or, in the case of EMS providers, based on current
certification from the National Registry of Emergency Medical Technicians
(NREMT)
Second:
In Sec. 1, in subsection (b), at the beginning of the introductory
paragraph, by striking out in its entirety “February 1, 2015” and inserting in
lieu thereof July 1, 2015
Third:
In Sec. 1, in subdivision (b)(2)(B) (expedited temporary licensure by
endorsement;
application
requirements),
at
the
end
of
subdivision
(ii)
following “issued in another state” by inserting or, in the case of EMS
providers, proof that the applicant holds a current certification from the
NREMT
Fourth:
In
Sec.
1,
in
subdivision
(b)(3)(B)
(renewal
of
licensure;
eligibility), by inserting two new subdivisions to be subdivisions (i) and (ii) to
read:
(i)
The provisions of this subdivision (B) shall apply to an EMS
licensee with a military deployment of less than two years, or greater than two
years if the position served in the military was as an EMS provider or a
substantially similar role.
- 3039 -
(ii)
For an EMS licensee with a military deployment of greater
than two years and whose position served in the military was not as an EMS
provider or a substantially similar role, the licensee shall be required to obtain
certification with the NREMT prior to renewal of a license under this
subdivision.
Fifth:
In Sec. 2, 18 V.S.A. § 906c, in subdivision (b)(1), following
“compensation upon his or her return from deployment”, by striking out
“despite the lapse of licensure or certification” and inserting in lieu thereof
once licensure is renewed
(For text see House Journal March 14, 2014 )
H. 740
An act relating to transportation impact fees
The Senate proposes to the House to amend the bill in Sec. 2, 10 V.S.A.
chapter 151, subchapter 5 (transportation impact fees) as follows:
First:
In § 6107 (transportation improvement district fund), by striking out
subsection (c) in its entirety and inserting in lieu thereof a new subsection (c)
to read as follows:
(c)
The Agency shall provide to the Treasurer an annual accounting of each
TID and associated transportation impact fee for that district showing the
source, the amount collected, each project that was funded or that will be
funded with the fee, and the amount expended.
Second:
By striking out § 6108 (payment of fees) in its entirety and
inserting in lieu thereof a new § 6108 to read as follows:
§ 6108.
PAYMENT OF FEES
(a)
An applicant shall pay a transportation impact fee assessed under this
subchapter to the Agency, except that a District Commission may direct an
applicant to pay a transportation impact fee to a municipality if the impacts of
the applicant’s development or subdivision are limited to municipal highways
and rights-of-way or other municipal transportation facilities.
(b)
A municipality receiving a transportation impact fee under this
subchapter shall place the fee into a separate account, with balances in the
account carried forward from year to year and remaining within the account.
Interest earned by the account shall be deposited into the account.
The
municipality shall provide to the voters an annual accounting of each fee
received under this subchapter showing the source, the amount of each fee
received, and each project that was funded or will be funded with the fee.
Third:
In § 6109 (unspent fee amounts; refunds), by striking out the last
- 3040 -
sentence.
(For text see House Journal April 3, 2014 )
H. 823
An act relating to encouraging growth in designated centers and protecting
natural resources
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, 10 V.S.A. § 6001 (definitions), in subdivision (16)(A)
(existing settlement), in subdivision (ii), after “an existing”, by striking out
“community”.
Second:
In Sec. 1, 10 V.S.A. § 6001 (definitions), by striking out
subdivision (36) in its entirety and inserting in lieu thereof a new subdivision
(36) to read as follows:
(36)
“Strip development” means linear commercial development along a
public highway that includes three or more of the following characteristics:
broad road frontage, predominance of single-story buildings, limited reliance
on shared highway access, lack of connection to any existing settlement except
by highway, lack of connection to surrounding land uses except by highway,
lack of coordination with surrounding land uses, and limited accessibility for
pedestrians.
In determining whether a proposed development or subdivision
constitutes strip development, the District Commission shall consider the
topographic constraints in the area in which the development or subdivision is
to be located.
Third:
By striking out Sec. 2 in its entirety and inserting in lieu thereof a
new Sec. 2 to read as follows:
Sec. 2.
10 V.S.A. § 6086 is amended to read:
§ 6086.
ISSUANCE OF PERMIT; CONDITIONS AND CRITERIA
(a)
Before granting a permit, the district commission District Commission
shall find that the subdivision or development:
* * *
(5)(A)
Will not cause unreasonable congestion or unsafe conditions with
respect to use of the highways, waterways, railways, airports and airways, and
other means of transportation existing or proposed.
(B)
As
appropriate,
will
incorporate
transportation
demand
management strategies and provide safe access and connections to adjacent
lands and facilities and to existing and planned pedestrian, bicycle, and transit
networks and services.
In determining appropriateness under this subdivision
- 3041 -
(B), the District Commission shall consider whether such a strategy, access, or
connection constitutes a measure that a reasonable person would take given the
type, scale, and transportation impacts of the proposed development or
subdivision.
* * *
(9)
Is in conformance with a duly adopted capability and development
plan, and land use plan when adopted.
However, the legislative findings of
subdivisions 7(a)(1) through (19) of Act 85 of 1973 shall not be used as criteria
in
the
consideration
of
applications
by
a district
commission District
Commission.
* * *
(L)
Rural
growth
areas.
A
permit
will
be
granted
for
the
development or subdivision of rural growth areas when it is demonstrated by
the applicant that in addition to all other applicable criteria provision will be
made in accordance with subdivisions (9)(A) “impact of growth,” (G) “private
utility service,” (H) “costs of scattered development” and (J) “public utility
services” of subsection (a) of this section for reasonable population densities,
reasonable rates of growth, and the use of cluster planning and new community
planning designed to economize on the cost of roads, utilities and land usage.
Settlement patterns.
To promote Vermont’s historic settlement pattern of
compact village and urban centers separated by rural countryside, a permit will
be granted for a development or subdivision outside an existing settlement
when it is demonstrated by the applicant that, in addition to all other applicable
criteria, the development or subdivision:
(i)
will make efficient use of land, energy, roads, utilities, and
other supporting infrastructure; and
(ii) (I) will not contribute to a pattern of strip development along
public highways; or
(II)
if the development or subdivision will be confined to an
area that already constitutes strip development, will
incorporate infill as
defined in 24 V.S.A. § 2791 and is designed
to
reasonably
minimize the
characteristics listed in the definition of strip development under subdivision
6001(36) of this title.
Fourth:
By striking out Secs. 3, 4, and 5 in their entirety and inserting in
lieu thereof new Secs. 3, 4, and 5 to read as follows:
Sec. 3.
10 V.S.A. § 6086b is added to read:
§ 6086b.
DOWNTOWN DEVELOPMENT; FINDINGS
- 3042 -
Notwithstanding any provision of this chapter to the contrary, each of the
following shall apply to a development or subdivision that is completely within
a downtown development district designated under 24 V.S.A. chapter 76A and
for which a permit or permit amendment would otherwise be required under
this chapter:
(1)
In lieu of obtaining a permit or permit amendment, a person may
request findings and conclusions from the District Commission, which shall
approve the request if it finds that the development or subdivision will meet
subdivisions
6086(a)(1)
(air
and
water
pollution),
(2)
(sufficient
water
available),
(3)
(burden
on
existing
water
supply),
(4)
(soil
erosion),
(5) (traffic), (8) (aesthetics
,
historic sites
,
rare and irreplaceable natural areas),
(8)(A)
(endangered
species;
necessary
wildlife
habitat),
(9)(B) (primary
agricultural
soils),
(9)(C)
(productive
forest
soils),
(9)(F) (energy
conservation), and (9)(K) (public facilities, services, and lands) of this title.
(2)
The
request
shall
be
complete
as
to
the
criteria
listed
in
subdivision (1) of this subsection and need not address other criteria of
subsection (a) of this section.
(A)
The requestor shall file the request in accordance with the
requirements of subsection 6084(a) of this title and the requestor shall provide
a copy of the request to each agency and department listed in subdivision (3) of
this section.
(B)
Within five days of the request’s filing, the District Coordinator
shall determine whether the request is complete.
Within five days of the date
the District Coordinator determines the request to be complete, the District
Commission shall provide notice of the complete request to each person
required to receive a copy of the filing under subdivision (2)(A) of this section
and to each adjoining property owner and shall post the notice and a copy of
the request on the Board’s web page.
The computation of time under this
subdivision (2)(B) shall exclude Saturdays, Sundays, and State legal holidays.
(3)
Within 30 days of receiving notice of a complete request:
(A)
The State Historic Preservation Officer or designee shall submit a
written recommendation on whether the improvements will have an undue
adverse effect on any historic site.
(B)
The Commissioner of Public Service or designee shall submit a
written recommendation on whether the improvements will meet or exceed the
applicable
energy
conservation
and
building
energy
standards
under
subdivision 6086(a)(9)(F) of this title.
(C)
The Secretary of Transportation or designee shall submit a
- 3043 -
written recommendation on whether the improvements will have a significant
impact on any highway, transportation facility, or other land or structure under
the Secretary’s jurisdiction.
(D)
The Commissioner of Buildings and General Services or
designee shall submit a written
recommendation on whether the improvements
will have a significant impact on any adjacent land or facilities under the
Commissioner’s jurisdiction.
(E)
The Secretary of Natural Resources or designee shall submit a
written recommendation on whether the improvements will have a significant
impact on any land or facilities under its jurisdiction or on any important
natural resources, other than primary agricultural soils.
In this subdivision (E),
“important natural resources” shall have the same meaning as under 24 V.S.A.
(F)
The Secretary of Agriculture, Food and Markets or designee shall
submit a written recommendation on whether the improvements will reduce or
convert primary agricultural soils and on whether there will be appropriate
mitigation for any reduction in or conversion of those soils.
(4)
Any person may submit written comments or ask for a hearing
within 30 days of the date on which the District Commission issues notice of a
complete request.
If the person asks for a hearing, the person shall include a
petition for party status in the submission.
The petition for party status shall
meet the requirements of subdivision 6085(c)(2) of this title.
(5)
The District Commission shall not hold a hearing on the request
unless it determines that there is a substantial issue under one or more
applicable criteria that requires a hearing.
The District Commission shall hold
any hearing within 20 days of the end of the comment period specified in
subdivisions (3) and (4) of this section.
Subdivisions 6085(c)(1)–(5) of this
title shall govern participation in a hearing under this section.
(6)
The District Commission shall issue a decision within 60 days of
issuing notice of a complete request under this section or, if it holds a hearing,
within 15 days of adjourning the hearing.
The District Commission shall send
a copy of the decision to each State agency listed in subdivision (3) of this
section,
to
the
municipality,
to
the
municipal
and
regional
planning
commissions for the municipality, and to each person that submitted a
comment, requested a hearing, or participated in the hearing, if any.
The
decision may include conditions that meet the standards of subsection 6086(c)
of this title.
(7)
The
requestor
may
waive
the
time
periods
required
under
subdivisions (3), (4), and (6) of this section as to one or more agencies,
- 3044 -
departments, the District Commission, the District Coordinator, or other
persons.
Such a waiver shall extend the applicable and subsequent time
periods by the amount of time waived.
In the absence of a waiver under this
subdivision, the failure of a State agency to file a written determination or a
person to submit a comment or ask for a hearing within the time periods
specified in subdivisions (3) and (4) of this section shall not delay the District
Commission’s issuance of a decision on a complete request.
Sec. 4.
10 V.S.A. § 6081(v) is added to read:
(v)
A permit or permit amendment shall not be required for a development
or subdivision in a designated downtown development district for which the
District Commission has issued positive findings and conclusions under
section 6086b of this title on all the criteria listed in that section.
A person
shall obtain new or amended findings and conclusions from the District
Commission under section 6086b of this title prior to commencement of a
material change, as defined in the rules of the Board, to a development or
subdivision for which the District Commission has issued such findings and
conclusions.
A person may seek a jurisdictional opinion under section 6007 of
this title concerning whether such a change is a material change.
Sec. 5.
[Deleted.]
Fifth:
By striking out Sec. 6 in its entirety and inserting in lieu thereof:
Sec. 6.
[Deleted.]
Sixth:
By striking out Secs. 7 and 8 in their entirety and inserting in lieu
thereof new Secs. 7 and 8 to read as follows:
Sec. 7.
10 V.S.A. § 8003 is amended to read:
§ 8003.
APPLICABILITY
(a)
The Secretary may take action under this chapter to enforce the
following statutes and rules, permits, assurances, or orders implementing the
following statutes, and the Board may take such action with respect to
subdivision (10) of this subsection:
* * *
(10)
10 V.S.A. chapter 151, relating to land use, and including findings
and conclusions issued under section 6086b of this title;
* * *
* * * Nonappeal, Recommendation to District Commission * * *
Sec. 8.
10 V.S.A. § 8504 is amended to read:
- 3045 -
§ 8504.
APPEALS TO THE ENVIRONMENTAL DIVISION
(a)
Act 250 and agency appeals. Within 30 days of the date of the act or
decision, any person aggrieved by an act or decision of the Secretary, the
Natural Resources Board, or a district commission District Commission under
the provisions of law listed in section 8503 of this title, or any party by right,
may appeal to the Environmental Division, except for an act or decision of the
Secretary under subdivision 6086b(3)(E) of this title or governed by section
8506 of this title.
* * *
Seventh:
In Sec. 13 (wastewater rules; amendment), after “the Agency of
Natural Resources shall amend its” by inserting the word application prior to
“form”.
(For text see House Journal March 13, 14, 2014 )
Senate Proposal of Amendment to House Proposal of Amendement
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings
The Senate concurs in the House proposal of amendment thereto as
follows::
By striking out Secs. 2, 3, 4, and 5 and all reader’s guides in their entirety
and inserting in lieu thereof the following:
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For House Proposal of Amendment see House Journal April 24, 2014
Page 1279)
S. 220
An act relating to furthering economic development
The Senate concurs in the House proposal of amendment thereto by striking
all after the enacting clause and inserting in lieu thereof the following::
* * * One-Stop Shop Business Portal * * *
Sec. 1.
ONE-STOP SHOP WEB PORTAL
(a)
In order to simplify the process for business creation and growth, the
Office of the Secretary of State, Department of Taxes, Department of Labor,
the Vermont Attorney General, the Agency of Commerce and Community
- 3046 -
Development, and the Agency of Administration have formed a Business
Portal Committee to create an online “one-stop shop” for business registration,
business entity creation, and registration compliance.
(b)
On or before January 15, 2015, the Business Portal Committee shall
report to the Senate Committee on Economic Development, Housing and
General Affairs and the House Committee on Commerce and Economic
Development to inform the committees of the status of the project and a
timeline for its completion.
* * * Vermont Entrepreneurial Lending Program;
Vermont Entrepreneurial Investment Tax Credit * * *
Sec. 2.
10 V.S.A. chapter 12 is amended to read:
VERMONT ECONOMIC DEVELOPMENT
AUTHORITY
* * *
Subchapter 12.
Technology Loan Vermont Entrepreneurial Lending
Program
§ 280aa.
FINDINGS AND PURPOSE
(a)(1)
Technology-based companies Vermont-based seed, start-up, and
early growth-stage businesses are a vital source of innovation, employment,
and economic growth in Vermont.
The continued development and success of
this increasingly important sector of Vermont’s economy these businesses is
dependent upon the availability of flexible, risk-based capital.
(2)
Because
the
primary
assets
of technology-based
companies
sometimes seed, start-up, and early growth-stage businesses often consist
almost entirely of intellectual property or insufficient tangible assets to support
conventional lending, such these companies frequently do not have access to
conventional means of raising capital, such as asset-based bank financing.
(b)
To support the growth of technology-based companies seed, start-up,
and early growth-stage businesses and the resultant creation of high-wage
employment in Vermont, a technology loan program is established under this
subchapter the General Assembly hereby creates in this subchapter the
Vermont
Entrepreneurial
Lending
Program
to
support
the
growth
and
development of seed, start-up, and early growth-stage businesses.
§
280bb.
TECHNOLOGY
LOAN VERMONT
ENTREPRENEURIAL
LENDING PROGRAM
(a)
There is created a technology (TECH) loan program the Vermont
Entrepreneurial Lending Program to be administered by the Vermont economic
- 3047 -
development authority Economic Development Authority.
The program
Program shall seek to meet the working capital and capital-asset financing
needs
of technology-based
companies start-up,
early
stage,
and
early
growth-stage businesses in Vermont.
The Program shall specifically seek to
fulfill capital requirement needs that are unmet in Vermont, including:
(1)
loans
up
to
$100,000.00
for
manufacturing
businesses
with
innovative products that typically reflect long-term growth;
(2)
loans from $250,000.00 through $1,000,000.00 to early growth-stage
companies who do not meet the current underwriting criteria of other public
and private lending institutions; and
(3)
loans to businesses that are unable to access adequate capital
resources
because
the
primary
assets
of
these
businesses
are
typically
intellectual property or similar nontangible assets.
(b)
The economic development authority Authority shall establish such
adopt regulations, policies, and procedures for the program Program as are
necessary to carry out the purposes of this subchapter.
The authority’s lending
criteria shall include consideration of in-state competition and whether a
company has made reasonable efforts to secure capital in the private sector
increase the amount of investment funds available to Vermont businesses
whose capital requirements are not being met by conventional lending sources.
(c)
When considering entrepreneurial lending through the Program, the
Authority shall give additional consideration and weight to an application of a
business whose business model and practices will have a demonstrable effect
in achieving other public policy goals of the State, including:
(1)
The business will create jobs in strategic sectors such as the
knowledge-based economy, renewable energy, advanced manufacturing, wood
products manufacturing, and value-added agricultural processing.
(2)
The business is located in a designated downtown, village center,
growth center, or other significant geographic location recognized by the State.
(3)
The business adopts energy and thermal efficiency practices in its
operations or otherwise operates in a way that reflects a commitment to green
energy principles.
(4)
The business will create jobs that pay a livable wage and significant
benefits to Vermont employees.
(d)
The
Authority
shall
include
provisions
in
the
terms
of
an
entrepreneurial loan made under the Program to ensure that an entrepreneurial
loan recipient shall maintain operations within the State for a minimum of five
years from the date on which the recipient receives the entrepreneurial loan
- 3048 -
funds from the Authority.
* * *
Sec. 3.
VERMONT ENTREPRENEURIAL LENDING PROGRAM; LOAN
LOSS RESERVE FUNDS; CAPITALIZATION
(a)
The Vermont Economic Development Authority shall capitalize loan
loss reserves for the Vermont Entrepreneurial Lending Program created in
10 V.S.A. § 280bb with up to $1,000,000.00 from Authority funds or eligible
federal funds currently administered by the Authority.
(b)
The Vermont Economic Development Authority shall use the funds
allocated to the Program, as referenced in subsection (a) of this section, solely
for the purpose of establishing and maintaining loan loss reserves to guarantee
entrepreneurial loans.
* * * Electricity Rates for Businesses * * *
Sec. 4.
COMMISSIONER OF PUBLIC SERVICE STUDY; BUSINESS
ELECTRICITY RATES
(a)
The Commissioner of Public Service, in consultation with the Public
Service Board and the Secretary of Commerce and Community Development,
shall conduct a study of how best to advance the public good through
consideration of the competitiveness of Vermont’s energy-intensive businesses
with regard to electricity costs.
As used in this section, “energy-intensive
business” or “business” means a manufacturer, a business that uses 1,000
MWh or more of electricity per year, or a business that meets another energy
threshold deemed more appropriate by the Commissioner.
(b)
In conducting the study required by this section, the Commissioner
shall consider:
(1)
how best to incorporate into rate design proceedings the impact of
electricity costs on business competitiveness and the identification of the costs
of service incurred by businesses;
(2)
with regard to the energy efficiency programs established under
30 V.S.A. § 209, potential changes to their delivery, funding, financing, and
participation requirements;
(3)
the history and outcome of any evaluations of the Energy Savings
Account or Customer Credit programs, as well as best practices for customer
self-directed energy efficiency programs;
(4)
the history and outcome of any evaluations of retail choice programs
or
policies,
as
they
relate
to
business
competitiveness,
that
have
been
undertaken in Vermont and in other jurisdictions;
- 3049 -
(5)
any
other
programs
or
policies
the
Commissioner
deems
relevant; and
(6)
whether and to what extent any programs or policies considered by
the Commissioner under this section would impose cost shifts onto other
customers, result in stranded costs (costs that cannot be recovered by a
regulated utility due to a change in regulatory structure or policy), or conflict
with renewable energy requirements in Vermont.
(c)
In conducting the study required by this section, the Commissioner shall
provide the following persons and entities an opportunity for written and oral
comments:
(1)
consumer and business advocacy groups;
(2)
regional development corporations; and
(3)
any other person or entity as determined by the Commissioner.
(d)
On or before December 15, 2014, the Commissioner shall provide a
status report to the General Assembly of his or her findings regarding
regulatory or statutory changes that would reduce electric energy costs for
Vermont businesses and promote the public good.
On or before December 15,
2015, the Commissioner shall provide a final report to the General Assembly
of such findings and recommendations.
* * * Domestic Export Program * * *
Sec. 5.
DOMESTIC MARKET ACCESS PROGRAM FOR VERMONT
AGRICULTURE AND FOREST PRODUCTS
The Secretary of Agriculture, Food and Markets, in collaboration with the
Agency of Commerce and Community Development and the Chief Marketing
Officer, may create a Domestic Export Program Pilot Project within the “Made
in Vermont” designation program, the purpose of which shall be to connect
Vermont producers with brokers, buyers, and distributors in other U.S. state
and regional markets, and to provide technical and marketing assistance to
Vermont producers to convert these connections into increased sales and
sustainable commercial relationships.
* * * Criminal Penalties for Computer Crimes * * *
Sec. 6.
13 V.S.A. chapter 87 is amended to read:
COMPUTER CRIMES
* * *
§ 4104.
ALTERATION, DAMAGE, OR INTERFERENCE
- 3050 -
(a)
A person shall not intentionally and without lawful authority, alter,
damage, or interfere with the operation of any computer, computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $100,000.00, or both.
§ 4105.
THEFT OR DESTRUCTION
(a)(1)
A person shall not intentionally and without claim of right deprive
the owner of possession, take, transfer, copy, conceal, or retain possession of,
or intentionally and without lawful authority, destroy any computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
(2)
Copying a commercially available computer program or computer
software is not a crime under this section, provided that the computer program
and computer software has a retail value of $500.00 or less and is not copied
for resale.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $100,000.00, or both.
§ 4106.
CIVIL LIABILITY
A person damaged as a result of a violation of this chapter may bring a civil
action against the violator for damages, costs, and fees, including reasonable
attorney’s fees, and such other relief as the court deems appropriate.
- 3051 -
* * *
* * * Statute of Limitations to Commence Action
for Misappropriation of Trade Secrets * * *
Sec. 7.
12 V.S.A. § 523 is amended to read:
§ 523.
TRADE SECRETS
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143
of Title 9 shall be commenced within three five years after the cause of action
accrues, and not after.
The cause of action shall be deemed to accrue as of the
date the misappropriation was discovered or reasonably should have been
discovered.
* * * Protection of Trade Secrets * * *
Sec. 8.
9 V.S.A. chapter 143 is amended to read:
TRADE SECRETS
§ 4601.
DEFINITIONS
As used in this chapter:
(1)
“Improper means” includes theft, bribery, misrepresentation, breach
or inducement of a breach of a duty to maintain secrecy, or espionage through
electronic or other means.
(2)
“Misappropriation” means:
(A)
acquisition of a trade secret of another by a person who knows or
has reason to know that the trade secret was acquired by improper means; or
(B)
disclosure or use of a trade secret of another without express or
implied consent by a person who:
(i)
used improper means to acquire knowledge of the trade
secret; or
(ii)
at the time of disclosure or use, knew or had reason to know
that his or her knowledge of the trade secret was:
(I)
derived from or through a person who had utilized improper
means to acquire it;
(II)
acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or
(III)
derived from or through a person who owed a duty to the
person seeking relief to maintain its secrecy or limit its use; or
(iii)
before a material change of his or her position, knew or had
- 3052 -
reason to know that it was a trade secret and that knowledge of it had been
acquired by accident or mistake.
(3)
“Trade secret” means information, including a formula, pattern,
compilation, program, device, method, technique, or process, that:
(A)
derives independent economic value, actual or potential, from
not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or
use; and
(B)
is
the
subject
of
efforts
that
are
reasonable
under
the
circumstances to maintain its secrecy.
§ 4602.
INJUNCTIVE RELIEF
(a)
Actual
A court may enjoin actual or threatened misappropriation may
be enjoined of a trade secret.
Upon application to the court, an injunction shall
be terminated when the trade secret has ceased to exist, but the injunction may
be continued for an additional reasonable period of time in order to eliminate
commercial
advantage
that
otherwise
would
be
derived
from
the
misappropriation.
(b)
In exceptional circumstances, an injunction may condition future use
upon payment of a reasonable royalty for no longer than the period of time for
which use could have been prohibited.
Exceptional circumstances include, but
are not limited to, a material and prejudicial change of position prior to
acquiring knowledge or reason to know of misappropriation that renders a
prohibitive injunction inequitable.
(c)
In appropriate circumstances, affirmative acts to protect a trade secret
may be compelled by court order.
§ 4603.
DAMAGES
(a)(1)
Except to the extent that a material and prejudicial change of position
prior to acquiring knowledge or reason to know of misappropriation renders a
monetary recovery inequitable, a complainant is entitled to recover damages
for misappropriation.
(2)
Damages
can
include
both
the
actual
loss
caused
by
misappropriation and the unjust enrichment caused by misappropriation that is
not taken into account in computing actual loss.
(3)
In lieu of damages measured by any other methods, the damages
caused by misappropriation may be measured by imposition of liability for a
reasonable royalty for a misappropriator’s unauthorized disclosure or use of a
trade secret.
- 3053 -
(4)
A court shall award a successful complainant his or her costs and
fees, including reasonable attorney’s fees, arising from a misappropriation of
the complainant’s trade secret.
(b)
If malicious misappropriation exists, the court may award punitive
damages.
§ 4605.
PRESERVATION OF SECRECY
In an action under this chapter, a court shall preserve the secrecy of an
alleged
trade
secret
by
reasonable
means,
which may
include
granting
protective orders in connection with discovery proceedings, holding in-camera
hearings, sealing the records of the action, and ordering any person involved in
the litigation not to disclose an alleged trade secret without prior court
approval.
§ 4607.
EFFECT ON OTHER LAW
(a)
Except as provided in subsection (b) of this section, this chapter
displaces conflicting tort, restitutionary, and any other law of this state State
providing civil remedies for misappropriation of a trade secret.
(b)
This chapter does not affect:
(1)
contractual remedies, whether or not based upon misappropriation of
a trade secret;
(2)
other civil remedies that are not based upon misappropriation of a
trade secret; or
(3)
criminal remedies, whether or not based upon misappropriation of a
trade secret.
* * *
* * * Technology Businesses and Government
Contracting * * *
Sec. 9.
3 V.S.A. § 346 is added to read:
§
346.
STATE
CONTRACTING;
INTELLECTUAL
PROPERTY,
SOFTWARE DESIGN, AND INFORMATION TECHNOLOGY
(a)
The Secretary of Administration shall include in Administrative
Bulletin 3.5 a policy direction applicable to State procurement contracts that
include services for the development of software applications, computer
coding, or other intellectual property, which would allow the State of Vermont
to grant permission to the contractor to use the intellectual property created
under the contract for the contractor’s commercial purposes.
- 3054 -
(b)
The Secretary may recommend contract provisions that authorize the
State to negotiate with a contractor to secure license terms and license fees,
royalty rights, or other payment mechanism for the contractor’s commercial
use of intellectual property developed under a State contract.
(c)
If the Secretary authorizes a contractor to own intellectual property
developed under a State contract, the Secretary shall recommend language to
ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid
right to continue to use the intellectual property.
* * * Study; Commercial Lenders * * *
Sec.
10.
STUDY;
DEPARTMENT
OF
FINANCIAL
REGULATION;
LICENSED LENDER REQUIREMENTS; COMMERCIAL LENDERS
On or before January 15, 2015, the Department of Financial Regulation
shall evaluate and report to the House Committee on Commerce and Economic
Development and to the Senate Committees on Finance and on Economic
Development, Housing and General Affairs any statutory and regulatory
changes to the State’s licensed lender requirements that are necessary to open
private capital markets and remove unnecessary barriers to business investment
in Vermont.
* * * Tourism Funding; Study * * *
Sec. 11.
TOURISM FUNDING; PILOT PROJECT STUDY
On or before January 15, 2015, the Secretary of Commerce and Community
Development shall submit to the House Committee on Commerce and
Economic
Development
and
the
Senate
Committee
on
Economic
Development, Housing and General Affairs a report that analyzes the results of
the performance-based funding pilot project for the Department of Tourism
and Marketing and recommends appropriate legislative or administrative
changes to the funding mechanism for tourism and marketing programs.
* * * Land Use; Housing; Industrial Development * * *
Sec. 12.
10 V.S.A. § 238 is added to read:
§
238.
AVAILABILITY
OF
LOANS
AND
ASSISTANCE
FOR
INDUSTRIAL PARKS
Notwithstanding any provision of this chapter to the contrary, the developer
of a project in an industrial park permitted under chapter 151 of this title shall
have access to the loans and assistance available to a local development
corporation from the Vermont Economic Development Authority for the
improvement of industrial parks under this subchapter.
Sec. 13.
10 V.S.A. § 6001(35) is added to read:
- 3055 -
(35)
“Industrial park” means an area of land permitted under this chapter
that is planned, designed, and zoned as a location for one or more industrial
buildings, that includes adequate access roads, utilities, water, sewer, and other
services necessary for the uses of the industrial buildings, and includes no
retail use except that which is incidental to an industrial use, and no office use
except that which is incidental or secondary to an industrial use.
Sec. 14.
REVIEW OF MASTER PLAN POLICY
On or before January 1, 2015, the Natural Resources Board shall review its
master plan policy and commence the policy’s adoption as a rule.
The
proposed rule shall include provisions for efficient master plan permitting and
master plan permit amendments for industrial parks.
The Board shall consult
with affected parties when developing the proposed rule.
* * * Primary Agricultural Soils; Industrial Parks * * *
Sec. 15.
10 V.S.A. § 6093(a)(4) is amended to read:
(4)
Industrial parks.
(A)
Notwithstanding any provision of this chapter to the contrary, a
conversion of primary agricultural soils located in an industrial park as defined
in subdivision 212(7) of this title and permitted under this chapter and in
existence as of January 1, 2006, shall be allowed to pay a mitigation fee
computed according to the provisions of subdivision (1) of this subsection,
except that it shall be entitled to a ratio of 1:1, protected acres to acres of
affected primary agricultural soil.
If an industrial park is developed to the
fullest extent before any expansion, this ratio shall apply to any contiguous
expansion of such an industrial park that totals no more than 25 percent of the
area of the park or no more than 10 acres, whichever is larger; provided any
expansion based on percentage does not exceed 50 acres.
Any expansion
larger than that described in this subdivision shall be subject to the mitigation
provisions of this subsection at ratios that depend upon the location of the
expansion.
(B)
In any application to a district commission for expansion of
District Commission to amend a permit for an existing industrial park, compact
development patterns shall be encouraged that assure the most efficient and
full use of land and the realization of maximum economic development
potential through appropriate densities shall be allowed consistent with all
applicable
criteria
of
subsection
6086(a)
of
this
title.
Industrial
park
expansions and industrial park infill shall not be subject to requirements
established in subdivision 6086(a)(9)(B)(iii) of this title, nor to requirements
established in subdivision 6086(a)(9)(C)(iii).
- 3056 -
* * * Affordable Housing * * *
Sec. 16.
10 V.S.A. § 6001 is amended to read:
§ 6001.
DEFINITIONS
In this chapter:
* * *
(3)(A)
“Development” means each of the following:
* * *
(iv)
The construction of housing projects such as cooperatives,
condominiums, or dwellings, or construction or maintenance of mobile homes
or trailer mobile home parks, with 10 or more units, constructed or maintained
on a tract or tracts of land, owned or controlled by a person, within a radius of
five miles of any point on any involved land, and within any continuous period
of five years.
However:
(I)
A priority housing project shall constitute a development
under this subdivision (3)(A)(iv) only if the number of housing units in the
project is:
(aa)
275 or more, in a municipality with a population of
15,000 or more;
(bb)
150 or more, in a municipality with a population of
10,000 or more but less than 15,000;
(cc)
75 or more, in a municipality with a population of 6,000
or more but less than 10,000.
(dd)
50 or more, in a municipality with a population of
3,000 or more but less than 6,000;
(ee)
25 or more, in a municipality with a population of less
than 3,000; and
(ff)
notwithstanding subdivisions (aa) through (ee) of this
subdivision
(3)(A)(iv)(I),
10
or
more if
the
construction
involves
the
demolition of one or more buildings that are listed on or eligible to be listed on
the State or National Register of Historic Places.
However, demolition shall
not be considered to create jurisdiction under this subdivision if the Division
for Historic Preservation has determined the proposed demolition will have no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect but that adverse effect will be adequately mitigated.
Any imposed conditions shall be enforceable through a grant condition, deed
covenant, or other legally binding document.
- 3057 -
(II)
The determination of jurisdiction over a priority housing
project shall count only the housing units included in that discrete project.
(III)
Housing units in a priority housing project shall not count
toward determining jurisdiction over any other project.
* * *
(B)(i)
Smart Growth Jurisdictional Thresholds.
Notwithstanding the
provisions
of
subdivision
(3)(A)
of
this
section,
if
a
project
consists
exclusively of mixed income housing or mixed use, or any combination
thereof, and is located entirely within a growth center designated pursuant to
24
V.S.A.
2793c
or
entirely
within
a
downtown
development
district
designated pursuant to 24 V.S.A. § 2793, “development” means:
(I)
Construction of mixed income housing with 200
or more
housing units or a mixed use project with 200 or more housing units, in a
municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units or a mixed use project with 100
or more housing units, in a
municipality with a population of 10,000 or more but less than 15,000.
(III)
Construction of mixed income housing with 50
or more
housing units or a mixed use project with 50 or more housing units, in a
municipality with a population of 6,000 or more and less than 10,000.
(IV)
Construction of mixed income housing with 30
or more
housing units or a mixed use project with 30
or more housing units, in a
municipality with a population of 3,000 or more but less than 6,000.
(V)
Construction of mixed income housing with 25 or more
housing units or a mixed use project with 25 or more housing units, in a
municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing or a mixed use project with 10 or more housing units
where the construction involves the demolition of one or more buildings that
are listed on or eligible to be listed on the State or National Register of Historic
Places.
However, demolition shall not be considered to create jurisdiction
under this subdivision if the Division for Historic Preservation has determined
the proposed demolition will have:
no adverse effect; no adverse effect
provided that specified conditions are met; or, will have an adverse effect, but
that adverse effect will be adequately mitigated.
Any imposed conditions shall
be enforceable through a grant condition, deed covenant, or other legally
binding document.
(ii)
Mixed
Income
Housing
Jurisdictional
Thresholds.
- 3058 -
Notwithstanding the provisions of subdivision (3)(A) of this section, if a
project consists exclusively of mixed income housing and is located entirely
within a Vermont neighborhood designated pursuant to 24 V.S.A. § 2793d or a
neighborhood
development
area
as
defined
in
24
V.S.A.
§
2791(16),
“development” means:
(I)
Construction of mixed income housing with 200
or more
housing units, in a municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units, in a municipality with a population of 10,000 or more but less
than 15,000.
(III)
Construction of mixed income housing with 50
or more
housing units, in a municipality with a population of 6,000 or more and less
than 10,000.
(IV)
Construction of mixed income housing with 30 or more
housing units, in a municipality with a population of 3,000 or more but less
than 6,000.
(V)
Construction of mixed income housing with 25 or more
housing units, in a municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing where the construction involves the demolition of one
or more buildings that are listed on or eligible to be listed on the State or
National Register of Historic Places.
However, demolition shall not be
considered to create jurisdiction under this subdivision if the Division for
Historic Preservation has determined the proposed demolition will have:
no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect, but that adverse effect will be adequately
mitigated.
Any imposed conditions shall be enforceable through a grant
condition, deed covenant, or other legally binding document.
[Repealed.]
(C)
For the purposes of determining jurisdiction under subdivisions
subdivision (3)(A) and (3)(B) of this section, the following shall apply:
(i)
Incentive
for
Growth
Inside
Designated
Areas.
Notwithstanding
subdivision
(3)(A)(iv)
of
this
section,
housing
units
constructed by a person partially or completely outside a designated downtown
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area shall not be
counted to determine jurisdiction over housing units constructed by that person
entirely
within
a
designated
downtown
development
district,
designated
growth center, designated Vermont neighborhood, or designated neighborhood
- 3059 -
development area.
[Repealed.]
(ii)
Five-Year, Five-Mile Radius Jurisdiction Analysis.
Within
any continuous period of five years, housing units constructed by a person
entirely within a designated downtown district, designated growth center,
designated Vermont neighborhood, or designated neighborhood development
area shall be counted together with housing units constructed by that person
partially or completely outside a designated downtown development district,
designated growth center, designated Vermont neighborhood, or designated
neighborhood development area to determine jurisdiction over the housing
units constructed by a person partially or completely outside the designated
downtown development district, designated growth center, designated Vermont
neighborhood, or designated neighborhood development area and within a
five-mile radius in accordance with subdivision (3)(A)(iv) of this section.
[Repealed.]
(iii)
Discrete Housing Projects in Designated Areas and Exclusive
Counting for Housing Units.
Notwithstanding subdivisions (3)(A)(iv) and (19)
of this section, jurisdiction shall be determined exclusively by counting
housing
units
constructed
by
a
person
within
a
designated
downtown
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area, provided that
the housing units are part of a discrete project located on a single tract or
multiple contiguous tracts of land.
[Repealed.]
* * *
(27)
“Mixed income housing” means a housing project in which the
following apply:
(A)
Owner-occupied housing.
At the option of the applicant,
owner-occupied housing may be characterized by either of the following:
(i)
at least 15 percent of the housing units have a purchase price
which at the time of first sale does not exceed 85 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency; or
(ii)
at least 20 percent of the housing units have a purchase price
which at the time of first sale does not exceed 90 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency;
(B)
Affordable Rental Housing.
At least 20 percent of the housing
units that is are rented by the occupants whose gross annual household income
does not exceed 60 percent of the county median income, or 60
percent of the
- 3060 -
standard metropolitan statistical area income if the municipality is located in
such an area, as defined by the United States Department of Housing and
Urban Development for use with the Housing Credit Program under Section
42(g) of the Internal Revenue Code, and the total annual cost of the housing, as
defined at Section 42(g)(2)(B), is not more than 30 percent of the gross annual
household income as defined at Section 42(g)(2)(C), and with constitute
affordable housing and have a duration of affordability of no less than 30
20 years.
(28)
“Mixed use” means construction of both mixed income housing
and construction of space for any combination of retail, office, services,
artisan, and recreational and community facilities, provided at least 40 percent
of the gross floor area of the buildings involved is mixed income housing.
“Mixed use” does not include industrial use.
(29)
“Affordable housing” means either of the following:
(A)
Housing housing that is owned by its occupants whose gross
annual household income does not exceed 80 percent of the county median
income, or 80 percent of the standard metropolitan statistical area income if the
municipality is located in such an area, as defined by the United States
Department of Housing and Urban Development, and the total annual cost of
the housing, including principal, interest, taxes, insurance, and condominium
association fees, is not more than 30 percent of the gross annual household
income.; or
(B)
Housing housing that is rented by the occupants whose gross
annual household income does not exceed 80 percent of the county median
income, or 80 percent of the standard metropolitan statistical area income if the
municipality is located in such an area, as defined by the United States
Department of Housing and Urban Development, and the total annual cost of
the housing, including rent, utilities, and condominium association fees, is not
more than 30 percent of the gross annual household income.
* * *
(36)
“Priority housing project” means a discrete project located on a
single tract or multiple contiguous tracts of land that consists exclusively of:
(A)
mixed income housing or mixed use, or any combination thereof,
and is located entirely within a designated downtown development district,
designated growth center, or designated village center that is also a designated
neighborhood development area under 24 V.S.A. chapter 76A; or
(B)
mixed income housing and is located entirely within a designated
Vermont neighborhood or designated neighborhood development area under
- 3061 -
* * *
* * * Credit Facility for Vermont Clean Energy Loan Fund * * *
Sec. 17.
2013 Acts and Resolves No. 87, Sec. 8 is amended to read:
Sec. 8.
INVESTMENT OF STATE MONIES
The Treasurer is hereby authorized to establish a short-term credit facility
for the benefit of the Vermont Economic Development Authority in an amount
of up to $10,000,000.00.
* * * Licensed Lender Requirements; Exemption for De Minimis
Lending Activity * * *
Sec. 18.
8 V.S.A. § 2201 is amended to read:
2201.
LICENSES REQUIRED
(a)
No person shall without first obtaining a license under this chapter from
the commissioner Commissioner:
(1)
engage in the business of making loans of money, credit, goods, or
things in action and charge, contract for, or receive on any such loan interest, a
finance charge, discount, or consideration therefore therefor;
(2)
act as a mortgage broker;
(3)
engage in the business of a mortgage loan originator; or
(4)
act as a sales finance company.
(b)
Each licensed mortgage loan originator must register with and maintain
a valid unique identifier with the Nationwide Mortgage Licensing System and
Registry and must be either:
(1)
an An employee actively employed at a licensed location of, and
supervised and sponsored by, only one licensed lender or licensed mortgage
broker operating in this state; State.
(2)
an An individual sole proprietor who is also a licensed lender or
licensed mortgage broker; or.
(3)
an An employee engaged in loan modifications employed at a
licensed location of, and supervised and sponsored by, only one third-party
loan servicer licensed to operate in this state State pursuant to chapter 85 of
this title.
For purposes of As used in this subsection, “loan modification”
means an adjustment or compromise of an existing residential mortgage loan.
The term “loan modification” does not include a refinancing transaction.
- 3062 -
(c)
A person licensed pursuant to subdivision (a)(1) of this section may
engage in mortgage brokerage and sales finance if such person informs the
commissioner Commissioner in advance that he or she intends to engage in
sales
finance
and
mortgage
brokerage.
Such person
shall
inform
the
commissioner Commissioner of his or her intention on the original license
application under section 2202 of this title, any renewal application under
section 2209 of this title, or pursuant to section 2208 of this title, and shall pay
the applicable fees required by subsection 2202(b) of this title for a mortgage
broker license or sales finance company license.
(d)
No lender license, mortgage broker license, or sales finance company
license shall be required of:
(1)
a state A State agency, political subdivision, or other public
instrumentality of the state; State.
(2)
a A federal agency or other public instrumentality of the United
States;.
(3)
a A gas or electric utility subject to the jurisdiction of the public
service board Public Service Board engaging in energy conservation or safety
loans;.
(4)
a A depository institution or a financial institution as defined in
(5)
a A pawnbroker;.
(6)
an An insurance company;.
(7)
a A seller of goods or services that finances the sale of such goods or
services, other than a residential mortgage loan;.
(8)
any Any individual who offers or negotiates the terms of a
residential mortgage loan secured by a dwelling that served as the individual’s
residence, including a vacation home, or inherited property that served as the
deceased’s dwelling, provided that the individual does not act as a mortgage
loan originator or provide financing for such sales so frequently and under
such circumstances that it constitutes a habitual activity and acting in a
commercial context;.
(9)
lenders Lenders that conduct their lending activities, other than
residential mortgage loan activities, through revolving loan funds, that are
nonprofit organizations exempt from taxation under Section 501(c) of the
Internal Revenue Code, 26 U.S.C. § 501(c), and that register with the
commissioner
of
economic
development
Commissioner
of
Economic
Development under 10 V.S.A. § 690a;.
- 3063 -
(10)
persons Persons who lend, other than residential mortgage loans, an
aggregate of less than $75,000.00 in any one year at rates of interest of no
more than 12 percent per annum;.
(11)
a A seller who, pursuant to 9 V.S.A. § 2355(f)(1)(D), includes the
amount paid or to be paid by the seller to discharge a security interest, lien
interest, or lease interest on the traded-in motor vehicle in a motor vehicle
retail installment sales contract, provided that the contract is purchased,
assigned, or otherwise acquired by a sales finance company licensed pursuant
to this title to purchase motor vehicle retail installment sales contracts or a
depository institution;.
(12)(A)
a A person making an unsecured commercial loan, which loan
is expressly subordinate to the prior payment of all senior indebtedness of the
commercial borrower regardless of whether such senior indebtedness exists at
the time of the loan or arises thereafter.
The loan may or may not include the
right to convert all or a portion of the amount due on the loan to an equity
interest in the commercial borrower;.
(B)
for purposes of As used in this subdivision (12), “senior
indebtedness” means:
(i)
all indebtedness of the commercial borrower for money
borrowed from depository institutions, trust companies, insurance companies,
and licensed lenders, and any guarantee thereof; and
(ii)
any other indebtedness of the commercial borrower that the
lender
and
the
commercial
borrower
agree
shall
constitute
senior
indebtedness;.
(13)
nonprofit Nonprofit organizations established under testamentary
instruments, exempt from taxation under Section 501(c)(3) of the Internal
Revenue
Code,
26
U.S.C.
§
501(c)(3),
and
which
make
loans
for
postsecondary educational costs to students and their parents, provided that the
organizations provide annual accountings to the Probate Division of the
Superior Court;.
(14)
any Any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual;.
(15)
a A housing finance agency.
(16)
A person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011.
(e)
No mortgage loan originator license shall be required of:
- 3064 -
(1)
Registered mortgage loan originators, when employed by and acting
for an entity described in subdivision 2200(22) of this chapter.
(2)
Any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual.
(3)
Any individual who offers or negotiates terms of a residential
mortgage loan secured by a dwelling that served as the individual’s residence,
including a vacation home, or inherited property that served as the deceased’s
dwelling, provided that the individual does not act as a mortgage loan
originator or provide financing for such sales so frequently and under such
circumstances that it constitutes a habitual activity and acting in a commercial
context.
(4)
An individual who is an employee of a federal, state State, or local
government agency, or an employee of a housing finance agency, who acts as a
mortgage loan originator only pursuant to his or her official duties as an
employee of the federal, state State, or local government agency or housing
finance agency.
(5)
A licensed attorney who negotiates the terms of a residential
mortgage loan on behalf of a client as an ancillary matter to the attorney’s
representation of the client, unless the attorney is compensated by a lender, a
mortgage broker, or other mortgage loan originator or by any agent of such
lender, mortgage broker, or other mortgage loan originator.
To the extent an
attorney licensed in this State undertakes activities that are covered by the
definition of a mortgage loan originator, such activities do not constitute
engaging in the business of a mortgage loan originator, provided that:
(A)
such activities are considered by the State governing body
responsible for regulating the practice of law to be part of the authorized
practice of law within this State;
(B)
such
activities
are
carried
out
within
an
attorney-client
relationship; and
(C)
the attorney carries them out in compliance with all applicable
laws, rules, ethics, and standards.
(6)
A person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011
(f)
If a person who offers or negotiates the terms of a mortgage loan is
exempt from licensure pursuant to subdivision (d)(16) or (e)(6) of this section,
there is a rebuttable presumption that he or she is not engaged in the business
of making loans or being a mortgage loan originator.
- 3065 -
(g)
Independent contractor loan processors or underwriters.
A loan
processor or underwriter who is an independent contractor may not engage in
the activities of a loan processor or underwriter unless such independent
contractor loan processor or underwriter obtains and maintains a mortgage loan
originator license.
Each independent contractor loan processor or underwriter
licensed as a mortgage loan originator must have and maintain a valid unique
identifier issued by the Nationwide Mortgage Licensing System and Registry.
(g)(h)
This chapter shall not apply to commercial loans of $1,000,000.00 or
more.
* * * Workforce Education and Training * * *
Sec. 19.
10 V.S.A. § 545 is added to read:
§ 545.
WORKFORCE EDUCATION AND TRAINING LEADER
(a)
The Commissioner of Labor shall have the authority to designate one
existing full-time position within the Department as “Workforce Education and
Training Leader.”
(b)
The Workforce Leader shall have primary authority within State
government to conduct an inventory of the workforce education and training
activities throughout the State both within State government agencies and
departments that perform those activities and with State partners who perform
those activities with State funding, and to coordinate those activities to ensure
an integrated workforce education and training system throughout the State.
(c)
In conducting the inventory pursuant to subsection (b) of this section,
the Workforce Leader shall design and implement a stakeholder engagement
process that brings together employers with potential employees, including
students, the unemployed, and incumbent employees seeking further training.
(d)
Notwithstanding any provision of State law to the contrary, and to the
fullest extent allowed under federal law, the Leader shall ensure that in each
State and State-funded workforce education and training program, the program
administrator
collects
and
reports
individual
data
and
outcomes
at
the
individual level by Social Security Number or equivalent.
Sec. 20.
INTERNSHIP OPPORTUNITIES FOR YOUNG PERSONS
On or before January 15, 2015, the Commissioner of Labor shall submit to
the House Committee on Commerce and Economic Development and the
Senate Committee on Economic Development, Housing and General Affairs a
report that details the internship opportunities available to Vermonters between
15 and 18 years of age and recommends one or more means to expand these
opportunities through the Vermont Career Internship Program, 10 V.S.A.
§ 544, or through other appropriate mechanisms.
- 3066 -
* * * Vermont Strong Scholars Program * * *
Sec. 21.
16 V.S.A. chapter 90 is redesignated to read:
CHAPTER 90.
FUNDING OF POSTSECONDARY INSTITUTIONS
EDUCATION
Sec. 22.
16 V.S.A. § 2888 is added to read:
§ 2888.
VERMONT STRONG SCHOLARS PROGRAM
(a)
Program creation.
There is created a postsecondary loan forgiveness
program to be known as the Vermont Strong Scholars Program designed to
forgive a portion of Vermont Student Assistance Corporation (the Corporation)
loans in order to encourage Vermonters to select majors that prepare them for
jobs that are critical to the Vermont economy, to enroll and remain enrolled in
a Vermont postsecondary institution, and to live in Vermont upon graduation.
(b)
Academic majors; projections.
(1)
Annually, on or before November 15, the Secretary of Commerce
and
Community
Development
(the
Secretary),
in
consultation
with
the
Vermont State Colleges, the University of Vermont, the Corporation, the
Commissioner of Labor, and the Secretary of Education, shall identify eligible
postsecondary majors, projecting at least four years into the future, that:
(A)
are offered by the Vermont State Colleges, the University of
Vermont, or Vermont independent colleges (the eligible institutions); and
(B)
lead to jobs the Secretary has identified as critical to the Vermont
economy.
(2)
The Secretary shall prioritize the identified majors and shall select a
similar number of associate’s degree and bachelor’s degree programs.
A major
shall be identified as eligible for this Program for no less than two years.
(3)
Based upon the identified majors, the Secretary of Administration
shall annually provide the General Assembly with the estimated cost of the
Corporation’s
loan
forgiveness
awards
under
the
Program
during
the
then-current fiscal year and each of the four following fiscal years.
(c)
Eligibility.
An individual shall be eligible for loan forgiveness under
this section if he or she:
(1)
was classified as a Vermont resident by the eligible institution from
which he or she was graduated;
(2)
is a graduate of an eligible institution;
(3)
shall not hold a prior bachelor’s degree;
- 3067 -
(4)
was awarded an associate’s or bachelor’s degree in a field identified
pursuant to subsection (b) of this section;
(5)
completed the associate’s degree within three years or the bachelor’s
degree within five years;
(6)
is employed in Vermont in a field or specific position closely related
to the identified degree during the period of loan forgiveness; and
(7)
is a Vermont resident throughout the period of loan forgiveness.
(d)
Loan forgiveness.
(1)
An eligible individual shall have his or her postsecondary loan from
the Corporation forgiven as follows:
(A)
for an individual awarded an associate’s degree by an eligible
institution, in an amount equal to the tuition rate for 15 credits at the
Community College of Vermont during the individual’s final semester of
enrollment, to be prorated over the three years following graduation; and
(B)
for an individual awarded a bachelor’s degree by an eligible
institution, in an amount equal to the in-state tuition rate at the Vermont State
Colleges during the individual’s final year of enrollment, to be prorated over
the five years following graduation;
(2)
Loan forgiveness may be awarded on a prorated basis to an
otherwise eligible Vermont resident who transfers to and is graduated from an
eligible institution.
(e)
Program management and funding.
The Secretary shall develop all
organizational details of the Program consistent with the purposes
and
requirements of this section, including the identification of eligible major
programs and eligible jobs.
The Secretary may contract with the Corporation
for management of the Program.
The Secretary may adopt rules pursuant to
3 V.S.A. chapter 25 necessary to implement the Program.
The availability and
payment of loan forgiveness awards under this section are subject to funding
available to the Corporation for the awards.
(f)
Fund creation.
(1)
There is created a special fund to be known as the Vermont Strong
Scholars Fund pursuant to 32 V.S.A. chapter 7, subchapter 5.
The Fund shall
be used and administered solely for the purposes of this section.
Any
remaining balance at the end of the fiscal year shall be carried forward in the
Fund.
(2)
The Fund shall consist of sums to be identified by the Secretary from
any source accepted for the benefit of the Fund and interest earned from the
- 3068 -
investment of Fund balances.
Sec. 23.
VERMONT STRONG INTERIM REPORT
On
or
before
November
1,
2014,
the
Secretary
of
Commerce
and
Community Development shall report to the Joint Fiscal Committee on the
organizational and economic details of the Vermont Strong Scholars Program,
and specifically on the majors selected for forgiveness and the projected annual
cost, the proposed funding source, and the projected fund balance for each
fiscal year through fiscal year 2018.
* * * Vermont Products Program * * *
Sec. 24.
VERMONT PRODUCTS PROGRAM; STUDY; REPORT
(a)
On or before September 1, 2015, the Agency of Commerce and
Community Development, after consulting with appropriate stakeholders, shall
report to the Senate Committee on Economic Development, Housing and
General Affairs and the House Committee on Commerce and Economic
Development on creating a Vermont Products Program for the purpose of
providing Vermont businesses with a means of promoting and marketing
products
and
services
that
are
manufactured,
designed,
engineered,
or
formulated in Vermont and avoiding confusion by consumers when the
Vermont brand is used in marketing products or services.
(b)
The report required by this section shall describe the method,
feasibility, and cost of creating a Vermont Products Program that includes the
following elements:
(1)
The program shall include a licensing system that enables qualifying
persons to make marketing claims concerning significant business activities
occurring in Vermont, and to self-certify products and services that are
manufactured, designed, engineered, or formulated in Vermont.
Under this
system,
the
Secretary
shall
identify
and
craft
branding
and
marketing
guidelines that concern whether and how qualifying products or services
manufactured, designed, engineered, or formulated in Vermont can be properly
claimed so as to be licensed.
The licensing system shall permit an applicant to
self-certify compliance with designated criteria and attest to the accuracy of
claims authorized by the Secretary in order to obtain a license to advertise and
promote a product or service using the licensed materials.
(2)
The program may charge an annual fee for the issuance of the
license.
(3)
The program shall include an on-line application process that
permits an applicant to obtain the license if he or she certifies compliance with
criteria designated by the Secretary, attests to the accuracy of statements
- 3069 -
designated by the Secretary, and pays the required fee.
(4)
Licenses issued under the program shall include a provision
requiring that disputes regarding the license be resolved by alternative dispute
resolution.
A person who objects to the issuance of a license may file a
complaint with the Secretary, who shall refer it for alternative dispute
resolution as provided in the license.
(5)
A special fund, comprising license fees and any monies appropriated
by
the
General
Assembly,
may
be
created
for
the
administration
and
advertising of the program.
(c)
The report required by this section shall include a recommendation as to
whether the Vermont Products Program should replace the rules regarding
Vermont Origin adopted by the Attorney General.
* * * 10 Percent for Vermont * * *
Sec. 25.
VERMONT STATE TREASURER; CREDIT FACILITY FOR
LOCAL INVESTMENTS
(a)
Notwithstanding any other provision of law to the contrary, the
Vermont State Treasurer shall have the authority to establish a credit facility of
up to 10 percent of the State’s average cash balance on terms acceptable to the
Treasurer for purposes established by the Treasurer’s
Local
Investment
Advisory Committee.
(b)
The amount authorized in subsection (a) of this section shall include all
credit facilities authorized by the General Assembly and established by the
Treasurer prior to or subsequent to the effective date of this section, and the
renewal or replacement of those credit facilities.
Sec.
26.
TREASURER’S
LOCAL
INVESTMENT
ADVISORY
COMMITTEE; REPORT
(a)
Creation of committee.
The Treasurer’s Local Investment Advisory
Committee (Advisory Committee) is established to advise the Treasurer on
funding priorities and address other mechanisms to increase local investment.
(b)
Membership.
(1)
The Advisory Committee shall be composed of six members as
follows:
(A)
the State Treasurer or designee;
(B)
the
Chief
Executive
Officer
of
the
Vermont
Economic
Development Authority or designee;
(C)
the Chief Executive Officer of the Vermont Student Assistance
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Corporation or designee;
(D)
the Executive Director of the Vermont Housing Finance Agency
or designee;
(E)
the Director of the Municipal Bond Bank or designee; and
(F)
the Director of Efficiency Vermont or designee.
(2)
The State Treasurer shall be the Chair of the Advisory Committee
and shall appoint a vice chair and secretary.
The appointed members of the
Advisory Committee shall be appointed for terms of six years and shall serve
until their successors are appointed and qualified.
(c)
Powers and duties.
The Advisory Committee shall:
(1)
meet regularly to review and make recommendations to the State
Treasurer on funding priorities and using other mechanisms to increase local
investment in the State of Vermont;
(2)
invite regularly State organizations and citizens groups to Advisory
Committee meetings to present information on needs for local investment,
capital gaps, and proposals for financing; and
(3) consult with constituents and review feedback on changes and needs
in the local and State investment and financing environments.
(d)
Meetings.
The Advisory Committee shall meet no more than six times
per calendar year.
The meetings shall be convened by the State Treasurer.
(e)
Report.
On or before January 15, 2015, and annually thereafter, the
Advisory Committee shall submit a report to the Senate Committees on
Finance and on Government Operations and the House Committees on Ways
and Means and on Government Operations.
The report shall include the
following:
(1)
the amount of the subsidies associated with lending through each
credit facility authorized by the General Assembly and established by the
Treasurer;
(2)
a description of the Advisory Committee’s activities; and
(3)
any information gathered by the Advisory Committee on the State’s
unmet capital needs, and other opportunities for State support for local
investment and the community.
(f)
It is the intent of the General Assembly that the Advisory Committee
report described in subsection (e) of this section that is due on or before
January 15, 2015 shall include a recommendation on whether to grant statutory
authority to the Vermont Economic Development Authority to engage in
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banking activities.
* * * Vermont Enterprise Fund * * *
Sec. 27.
VERMONT ENTERPRISE FUND
(a)
There is created a Vermont Enterprise Fund, the sums of which may be
used by the Governor, with the approval of the Emergency Board, for the
purpose of making economic and financial resources available to businesses
facing circumstances that necessitate State government support and response
more rapidly than would otherwise be available from, or that would be in
addition to, other economic incentives.
(b)(1)
The Fund shall be administered by the Commissioner of Finance and
Management as a special fund under the provisions of chapter 7, subchapter 5
of this title.
(2)
The Fund shall contain any amounts transferred or appropriated to it
by the General Assembly.
(3)
Interest earned on the Fund and any balance remaining at the end of
the fiscal year shall remain in the Fund.
(4)
The Commissioner shall maintain records that indicate the amount of
money in the Fund at any given time.
(c)
The Governor is authorized to use amounts available in the Fund to
offer economic and financial resources to an eligible business pursuant to this
section, subject to approval by the Emergency Board as provided in subsection
(e) of this section.
(d)
To be eligible for an investment through the Fund, the Governor shall
determine that a business:
(1)
adequately demonstrates:
(A)
a substantial statewide or regional economic or employment
impact; or
(B)
approval or eligibility for other economic development incentives
and programs offered by the State of Vermont; and
(2)
is experiencing one or more of the following circumstances:
(A)
a merger or acquisition may cause the closing of all or a portion
of a Vermont business, or closure or relocation outside Vermont will cause the
loss of employment in Vermont;
(B)
a prospective purchaser is considering the acquisition of an
existing business in Vermont;
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(C)
an existing employer in Vermont, which is a division or
subsidiary of a multistate or multinational company, may be closed or have its
employment significantly reduced; or
(D)
is considering Vermont for relocation or expansion.
(e)(1)
Any economic and financial resources offered by the Governor under
this section must be approved by the Emergency Board before an eligible
business may receive assistance from the Fund.
(2)
The Board shall invite the Chair of the Senate Committee on
Economic Development, Housing and General Affairs and the Chair of the
House Committee on Commerce and Economic Development to participate in
Board deliberations under this section in an advisory capacity.
(3)
The Governor or designee, shall present to the Emergency Board for
its approval:
(A)
information on the company;
(B)
the circumstances supporting the offer of economic and financial
resources;
(C)
a summary of the economic activity proposed or that would be
forgone:
(D)
other State incentives and programs offered or involved;
(E)
the economic and financial resources offered by the Governor
requiring use of monies from the Fund;
(F)
employment, investment, and economic impact of Fund support
on the employer, including a fiscal cost-benefit analysis; and
(G)
terms and conditions of the economic and financial resources
offered, including:
(i)
the total dollar amount and form of the economic and financial
resources offered;
(ii)
employment creation, employment retention, and capital
investment performance requirements; and
(iii)
disallowance and recapture provisions.
(4)
The
Emergency
Board
shall
have
the
authority
to
approve,
disapprove, or modify an offer of economic and financial resources in its
discretion, including consideration of the following:
(A)
whether the business has presented sufficient documentation to
demonstrate compliance with subsection (d) of this section;
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(B)
whether the Governor has presented sufficient information to the
Board under subdivision (3) of this subsection (e);
(C)
whether the business has received other State resources and
incentives, and if so, the type and amount; and
(D)
whether the business and the Governor have made available to
the Board sufficient information and documentation for the Auditor of
Accounts to perform an adequate performance audit of the program, including
the extent to which necessary information or documentation is or will be
withheld under a claim that it is confidential, proprietary, or subject to
executive privilege.
(f)(1)
Proprietary business information and materials or other confidential
financial information submitted by a business to the State, or submitted by the
Governor to the Emergency Board, for the purpose of negotiating or approving
economic and financial resources under this section shall not be subject to
public disclosure under the State’s public records law in 1 V.S.A. chapter 5,
but shall be available to the Joint Fiscal Office or its agent upon authorization
of the Chair of the Joint Fiscal Committee, and shall also be available to the
Auditor of Accounts in connection with the performance of duties under
section 163 of this title; provided, however, that the Joint Fiscal Office or its
agent, and the Auditor of Accounts, shall not disclose, directly or indirectly, to
any person any proprietary business or other confidential information or any
information which would identify a business except in accordance with a
judicial order or as otherwise specifically provided by law.
(2)
Nothing in this subsection shall be construed to prohibit the
publication of statistical information, rulings, determinations, reports, opinions,
policies, or other information so long as the data are disclosed in a form that
cannot identify or be associated with a particular business.
(g)
On or before January 15 of each year following a year in which
economic and financial resources were made available pursuant to this section,
the Secretary of Commerce and Community Development shall submit to the
House Committees on Commerce and Economic Development and on Ways
and Means and to the Senate Committees on Finance and on Economic
Development, Housing and General Affairs a report on the resources made
available pursuant to this section, including:
(1)
the name of the recipient;
(2)
the amount and type of
the resources;
(3)
the aggregate number of jobs created or retained as a result of the
resources;
- 3074 -
(4)
a statement of costs and benefits to the State; and
(5)
whether any offer of resources was disallowed or recaptured.
(h)
This section shall sunset on June 30, 2016 and any remaining balance in
the Fund shall be transferred to the General Fund.
Sec. 28.
CONTINGENT FISCAL YEAR 2014 APPROPRIATION
(a)
After satisfying the requirements of 32 V.S.A. § 308, and after other
reserve requirements have been met and prior to any funds reserved pursuant
to 32 V.S.A. § 308c, any remaining unreserved and undesignated end of fiscal
year General Fund surplus up to $5,000,000 shall be appropriated to the extent
available, in the following order:
(1)
$500,000 to the Vermont Economic Development Authority for loan
loss reserves within the Vermont Entrepreneurial Lending Program for the
purposes specified in 10 V.S.A. § 280bb as amended by S.220 of 2014;
(2)
$4,500,000 to the Vermont Enterprise Fund for the purposes
specified in Sec. E.100.5 of this act.
* * * Telecommunications; Legislative Purpose; Intent * * *
Sec. 29.
LEGISLATIVE PURPOSE; FINDINGS
It is the intent of the General Assembly to maintain a robust and modern
telecommunications network in Vermont by making strategic investments in
improved technology for all Vermonters.
To achieve that goal, it is the
purpose of this act to upgrade the State’s telecommunications objectives and
reorganize government functions in a manner that results in more coordinated
and efficient State programs and policies, and, ultimately, produces operational
savings that may be invested in further deployment of broadband and mobile
telecommunications services for the benefit of all Vermonters.
In addition, it
is the intent of the General Assembly to update and provide for a more
equitable
application
of
the
Universal
Service
Fund
(USF)
surcharge.
Together, these operational savings and additional USF monies will raise at
least $1.45 million annually, as follows:
(1)
$650,000.00 from an increase in the USF charge to a flat two
percent;
(2)
$500,000.00 from application of the USF charge to prepaid wireless
telecommunications service providers; and
(3)
$300,000.00
in
operational
savings
from
the
transfer
and
consolidation of State telecommunications functions.
* * * USF; Connectivity Fund; Prepaid Wireless; Rate of Charge * * *
- 3075 -
Sec. 30.
30 V.S.A. § 7511 is amended to read:
§ 7511.
DISTRIBUTION GENERALLY
(a)
As directed by the public service board, Public Service Board funds
collected by the fiscal agent, and interest accruing thereon, shall be distributed
as follows:
(1)
To to pay costs payable to the fiscal agent under its contract with the
public service board. Board;
(2)
To to support the Vermont telecommunications relay service in the
manner provided by section 7512 of this title.;
(3)
To to support the Vermont lifeline Lifeline program in the manner
provided by section 7513 of this title.;
(4)
To to support enhanced-911 Enhanced-911 services in the manner
provided by section 7514 of this title.; and
(5)
To reduce the cost to customers of basic telecommunications service
in high-cost areas, in the manner provided by section 7515 of this title to
support the Connectivity Fund established in section 7516 of this chapter.
(b)
If insufficient funds exist to support all of the purposes contained in
subsection (a) of this section, the public service board Board shall conduct an
expedited proceeding to allocate the available funds, giving priority in the
order listed in subsection (a).
Sec. 31.
30 V.S.A. § 7516 is added to read:
§ 7516.
CONNECTIVITY FUND
(a)
There is created a Connectivity Fund for the purpose of providing
access to Internet service that is capable of speeds of at least 4 Mbps download
and 1 Mbps upload to every E-911 business and residential location in
Vermont, beginning with locations not served as of December 31, 2013
according to the minimum technical service characteristic objectives applicable
at that time.
Within this category of unserved Vermonters, priority shall be
given to locations having access to only satellite or dial-up Internet service.
Any new services funded in whole or in part by monies in this Fund shall be
capable of being continuously upgraded to reflect the best available, most
economically feasible service capabilities.
(b)
The fiscal agent shall determine annually, on or before September 1, the
amount of funds available to the Connectivity Fund.
The Department of Public
Service shall publish annually a list of census blocks eligible for funding based
on the Department’s most recent broadband mapping data.
The Department
annually
shall
solicit
proposals
from
service
providers,
the
Vermont
- 3076 -
Telecommunications Authority, and the Division for Connectivity to deploy
broadband to eligible census blocks.
The Department shall give priority to
proposals that reflect the lowest cost of providing services to unserved
locations; however, the Department also shall consider:
(1)
the proposed data transfer rates and other data transmission
characteristics of services that would be available to consumers;
(2)
the price to consumers of services;
(3)
the proposed cost to consumers of any new construction, equipment
installation service, or facility required to obtain service;
(4)
whether the proposal would use the best available technology that is
economically feasible;
(5)
the availability of service of comparable quality and speed; and
(6)
the objectives of the State’s Telecommunications Plan.
Sec. 32.
30 V.S.A. § 7521 is amended to read:
§ 7521.
CHARGE IMPOSED; WHOLESALE EXEMPTION
(a)
A universal service charge is imposed on all retail telecommunications
service provided to a Vermont address.
Where the location of a service and the
location receiving the bill differ, the location of the service shall be used to
determine whether the charge applies.
The charge is imposed on the person
purchasing the service, but shall be collected by the telecommunications
provider.
Each telecommunications service provider shall include in its tariffs
filed at the public service board Public Service Board a description of its
billing procedures for the universal service fund charge.
(b)
The universal service charge shall not apply to wholesale transactions
between
telecommunications
service
providers
where
the
service
is
a
component part of a service provided to an end user.
This exemption includes,
but is not limited to, network access charges and interconnection charges paid
to a local exchange carrier.
(c)
In the case of mobile telecommunications service, the universal service
charge is imposed when the customer’s place of primary use is in Vermont.
The
terms
“customer,”
“place
of
primary
use,”
and
“mobile
telecommunications service” have the meanings given in 4 U.S.C. § 124.
All
provisions of 32 V.S.A. § 9782 shall apply to the imposition of the universal
service charge under this section.
(d)(1)
Notwithstanding any other provision of law to the contrary, in the
case of prepaid wireless telecommunications services, the universal service
charge shall be imposed on the provider in the manner determined by the
- 3077 -
Public Service Board pursuant to subdivision (3) of this subsection.
(2)
As used in this subsection, “prepaid wireless telecommunications
service” means a telecommunications service as defined in section 203(5) of
this title that a consumer pays for in advance and that is sold in predetermined
units or dollars that decline with use.
(3)
The Public Service Board shall establish a formula to ensure the
universal service charge imposed on prepaid wireless telecommunications
service
providers
reflects
two
percent
of
retail
prepaid
wireless
telecommunications service in Vermont beginning on September 1, 2014.
Sec. 33.
30 V.S.A. § 7523 is amended to read:
§ 7523.
RATE ADJUSTED ANNUALLY OF CHARGE
(a)
Annually, after considering the probable expenditures for programs
funded pursuant to this chapter, the probable service revenues of the industry
and seeking recommendations from the department, the public service board
shall establish a rate of charge to apply during the 12 months beginning on the
following September 1.
However, the rate so established shall not at any time
exceed two percent of retail telecommunications service.
The board’s decision
shall be entered and announced each year before July 15.
However, if the
general assembly does not enact an authorization amount for E-911 before
July 15,
the
board
may
defer
decision
until
30
days
after
the
E-911
authorization is established, and the existing charge rate shall remain in effect
until the board establishes a new rate Beginning on July 1, 2014, the annual
rate of charge shall be two percent of retail telecommunications service.
(b)
Universal service charges imposed and collected by the fiscal agent
under this subchapter shall not be transferred to any other fund or used to
support the cost of any activity other than in the manner authorized by section
7511 of this title.
Sec. 34.
30 V.S.A. § 7524 is amended to read:
§ 7524.
PAYMENT TO FISCAL AGENT
(a)
Telecommunications service providers shall pay to the fiscal agent all
universal service charge receipts collected from customers.
A report in a form
approved by the public service board Public Service Board shall be included
with each payment.
(b)
Payments shall be made monthly, by the 15th day of the month, and
shall be based upon amounts collected in the preceding month.
If the amount
is small, the board Board may allow payment to be made less frequently, and
may permit payment on an accrual basis.
- 3078 -
(c)
Telecommunications service providers shall maintain records adequate
to demonstrate compliance with the requirements of this chapter.
The board
Board or the fiscal agent may examine those records in a reasonable manner.
(d)
When a payment is due under this section by a telecommunications
service provider who has provided customer credits under the lifeline Lifeline
program, the amount due may be reduced by the amount of credit granted.
(e)
The fiscal agent shall examine the records of telecommunications
service providers to determine whether their receipts reflect application of the
universal service charge on all assessable telecommunications services under
this chapter, including the federal subscriber line charge, directory assistance,
enhanced services unless they are billed as separate line items, and toll-related
services.
* * * State Telecommunications Plan; Division for Connectivity; VTA * * *
Sec. 35.
30 V.S.A. § 202c is amended to read:
§ 202c.
STATE TELECOMMUNICATIONS; POLICY AND PLANNING
(a)
The General Assembly finds that advances in telecommunications
technology and changes in federal regulatory policy are rapidly reshaping
telecommunications services, thereby promising the people and businesses of
the State communication and access to information, while creating new
challenges for maintaining a robust, modern telecommunications network in
Vermont.
(b)
Therefore, to direct the benefits of improved telecommunications
technology to all Vermonters, it is the purpose of this section and section 202d
of this title to:
(1)
Strengthen strengthen the
State’s
role
in
telecommunications
planning.;
(2)
Support support the
universal
availability
of
appropriate
infrastructure and affordable services for transmitting voice and high-speed
data.;
(3)
Support support the
availability
of
modern
mobile
wireless
telecommunications services along the State’s travel corridors and in the
State’s communities.;
(4)
Provide provide for
high-quality,
reliable
telecommunications
services for Vermont businesses and residents.;
(5)
Provide
provide
the
benefits
of
future
advances
in
telecommunications technologies to Vermont residents and businesses.;
- 3079 -
(6)
Support support competitive
choice
for
consumers
among
telecommunications
service
providers
and
promote
open
access
among
competitive service providers on nondiscriminatory terms to networks over
which broadband and telecommunications services are delivered.;
(7)
Support, to the extent practical and cost effective, support the
application
of
telecommunications
technology
to
maintain
and
improve
governmental
and
public
services,
public
safety,
and
the
economic
development of the State.;
(8)
Support support deployment of broadband infrastructure that:
(A)
Uses uses the best commercially available technology.; and
(B)
Does does not negatively affect the ability of Vermont to take
advantage of future improvements in broadband technology or result in
widespread installation of technology that becomes outmoded within a short
period after installation.; and
(9)
In in the deployment of broadband infrastructure, encourage the use
of existing facilities, such as existing utility poles and corridors and other
structures, in preference to the construction of new facilities or the replacement
of existing structures with taller structures.
(10)
support measures designed to ensure that by the end of the year
2024
every
E-911
business
and
residential
location
in
Vermont
has
infrastructure capable of delivering Internet access with service that has a
minimum download speed of 100 Mbps and is symmetrical.
Sec. 36.
30 V.S.A. § 202d is amended to read:
§ 202d.
TELECOMMUNICATIONS PLAN
(a)
The department of public service Department of Public Service shall
constitute the responsible planning agency of the state State for the purpose of
obtaining for all consumers in the state State stable and predictable rates and a
technologically advanced telecommunications network serving all service
areas in the state State.
The department of public service Department shall be
responsible for the provision of plans for meeting emerging trends related to
telecommunications technology, markets, financing, and competition.
(b)
The department
of
public
service Department shall
prepare
a
telecommunications plan Telecommunications Plan for the state State.
The
department of innovation and information Department of Innovation and
Information, the Division for Connectivity and the agency of commerce and
community development Agency of Commerce and Community Development
shall assist the department of public service Department of Public Service in
preparing the plan Plan.
The plan Plan shall be for a seven-year ten-year
- 3080 -
period and shall serve as a basis for state State telecommunications policy.
Prior to preparing the plan Plan, the department of public service Department
shall prepare:
(1)
an overview, looking seven ten years ahead, of future requirements
for telecommunications services, considering services needed for economic
development, technological advances, and other trends and factors which, as
determined by the department of public service Department of Public Service,
will significantly affect state State telecommunications policy and programs;
(2)
a survey of Vermont residents and businesses, conducted in
cooperation with the agency of commerce and community development
Agency of Commerce and Community Development and the Division for
Connectivity, to determine what telecommunications services are needed now
and in the succeeding seven ten years;
(3)
an
assessment
of
the
current
state
of
telecommunications
infrastructure;
(4)
an assessment, conducted in cooperation with the department of
innovation and information Department of Innovation and Information and the
Division for Connectivity, of the current state State telecommunications
system and evaluation of alternative proposals for upgrading the system to
provide
the
best
available
and
affordable
technology
for
use
by
government; and
(5)
an assessment of the state of telecommunications networks and
services in Vermont relative to other states, including price comparisons for
key services and comparisons of the state of technology deployment.
(c)
In developing the plan Plan, the department Department shall take into
account the policies and goals of section 202c of this title.
(d)
In establishing plans, public hearings shall be held and the department
of public service Department shall consult with members of the public,
representatives of telecommunications utilities, other providers, and other
interested state State agencies, particularly the agency of commerce and
community development Agency of Commerce and Community Development,
the
Division
for
Connectivity, and
the department
of
innovation
and
information Department of Innovation and Information, whose views shall be
considered in preparation of the plan Plan.
To the extent necessary, the
department of public service Department shall include in the plan Plan surveys
to
determine
existing,
needed,
and
desirable
plant
improvements
and
extensions, access and coordination between telecommunications providers,
methods of operations, and any change that will produce better service or
reduce costs.
To this end, the department of public service Department may
- 3081 -
require the submission of data by each company subject to supervision by the
public service board Public Service Board.
(e)
Before adopting a plan Plan, the department Department shall conduct
public hearings on a final draft and shall consider the testimony presented at
such hearings in preparing the final plan Plan.
At least one hearing shall be
held jointly with committees Committees of the general assembly General
Assembly designated by the general assembly General Assembly for this
purpose.
The plan Plan shall be adopted by September 1, 2004 September 1,
2014.
(f)
The department Department, from time to time, but in no event less than
every three years, institute proceedings to review a plan Plan and make
revisions, where necessary.
The three-year major review shall be made
according to the procedures established in this section for initial adoption of
the plan Plan.
For good cause or upon request by a joint resolution Joint
Resolution passed by the general assembly General Assembly, an interim
review and revision of any section of the plan Plan may be made after
conducting public hearings on the interim revision.
At least one hearing shall
be held jointly with committees Committees of the general assembly General
Assembly designated by the general assembly General Assembly for this
purpose.
(g)
The Department shall review and update the minimum technical service
characteristic objectives not less than every three years beginning in 2017.
In
the event such review is conducted separately from an update of the Plan, the
Department shall issue revised minimum technical service
characteristic
objectives as an amendment to the Plan.
Sec. 37.
3 V.S.A. § 2225 is added to read:
§ 2225.
DIVISION FOR CONNECTIVITY
(a)
Creation.
The Division for Connectivity is created within the Agency
of Administration as the successor in interest to and the continuation of the
Vermont Telecommunications Authority.
A Director for Connectivity shall be
appointed by the Secretary of Administration.
The Division shall receive
administrative support from the Agency.
(b)
Purposes.
The purposes of the Division are to promote:
(1)
access to affordable broadband service to all residences and
businesses in all regions of the State, to be achieved in a manner that is
consistent with the State Telecommunications Plan;
(2)
universal
availability
of
mobile
telecommunication
services,
including voice and high-speed data along roadways, and near universal
- 3082 -
availability statewide;
(3)
investment in telecommunications infrastructure in the State that
creates or completes the network for service providers to create last-mile
connection to the home or business and supports the best available and
economically feasible service capabilities;
(4)
the continuous upgrading of telecommunications and broadband
infrastructure in all areas of the State is to reflect the rapid evolution in the
capabilities
of
available
mobile
telecommunications
and
broadband
technologies,
and
in
the
capabilities
of
mobile
telecommunications
and
broadband services needed by persons, businesses, and institutions in the
State; and
(5)
the most efficient use of both public and private resources through
State
policies
by
encouraging
the
development
of
open
access
telecommunications infrastructure that can be shared by multiple service
providers.
(c)
Duties.
To achieve its purposes, the Division shall:
(1)
provide resources to local, regional, public, and private entities in the
form of grants, technical assistance, coordination, and other incentives;
(2)
prioritize the use of existing buildings and structures, historic or
otherwise,
as
sites
for
visually-neutral
placement
of
mobile
telecommunications and wireless broadband antenna facilities;
(3)
inventory and assess the potential to use federal radio frequency
licenses held by instrumentalities of the State to enable broadband service in
unserved areas of the State; take steps to promote the use of those licensed
radio frequencies for that purpose; and recommend to the General Assembly
any further legislative measures with respect to ownership, management, and
use of these licenses as would promote the general good of the State.
(4)
coordinate telecommunications initiatives among Executive Branch
agencies, departments, and offices.
(5)
from information reasonably available after public notice to and
written requests made of mobile telecommunications and broadband service
providers, develop and maintain an inventory of locations at which mobile
telecommunications and broadband services are not available within the State,
develop and maintain an inventory of infrastructure that is available or
reasonably likely to be available to support the provision of services to
unserved areas, and develop and maintain an inventory of infrastructure
necessary for the provision of these services to the unserved areas;
(6)
identify the types and locations of infrastructure and services needed
- 3083 -
to carry out the purposes stated in subsection (b) of this section;
(7)
formulate
an
action
plan
that
conforms
with
the
State
Telecommunications Plan and carries out the purposes stated in subsection (b)
of this section;
(8)
coordinate the agencies of the State to make public resources
available
to
support
the
extension
of
mobile
telecommunications
and
broadband infrastructure and services to all unserved areas;
(9)
support and facilitate initiatives to extend the availability of mobile
telecommunications and broadband services, and promote development of the
infrastructure that enables the provision of these services;
(10)
through the Department of Innovation and Information, aggregate
and broker access at reduced prices to services and facilities required to
provide wireless telecommunications and broadband services; and waive or
reduce State fees for access to State-owned rights-of-way in exchange for
comparable value to the State, unless payment for use is otherwise required by
federal law; and
(11)
receive all technical and administrative assistance as deemed
necessary by the Director for Connectivity.
(d)(1)
Deployment.
The Director may request voluntary disclosure of
information
regarding
deployment
of
broadband,
telecommunications
facilities, or advanced metering infrastructure that is not publicly funded.
Such
information may include data identifying projected coverage areas, projected
average speed of service, service type, and the anticipated date of completion
in addition to identifying the location and routes of proposed cables, wires, and
telecommunications facilities.
(2)
The Director may enter into a nondisclosure agreement with respect
to any voluntary
disclosures under this subsection and the information
disclosed pursuant thereto shall remain confidential.
Alternatively, entities that
voluntarily provide information requested under this subsection may select a
third party to be the recipient of such information.
The third party may
aggregate information provided by the entities, but shall not disclose the
information it has received to any person, including the Director.
The third
party shall only disclose the aggregated information to the Director.
The
Director
may
publicly
disclose
aggregated
information
based
upon
the
information provided under this subsection.
The confidentiality requirements
of this subsection shall not affect whether information provided to any agency
of the State or a political subdivision of the State pursuant to other laws is or is
not subject to disclosure.
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(e)
Minimum technical service characteristics.
The Division only shall
promote the expansion of broadband services that offer actual speeds that meet
or exceed the minimum technical service characteristic objectives contained in
the State’s Telecommunications Plan.
(f)
Annual Report.
Notwithstanding 2 V.S.A. § 20(d), on or before
January 15 of each year, the Director shall submit a report of its activities for
the preceding fiscal year to the General Assembly.
Each report shall include
an operating and financial statement covering the Division’s operations during
the
year,
including
a
summary
of
all
grant
awards
and
contracts
and
agreements entered into by the Division, as well as the action plan required
under subdivision (c)(7) of this section.
In addition, the report shall include an
accurate map and narrative description of each of the following:
(1)
the
areas
served
and
the
areas
not
served
by
wireless
communications service, as identified by the Department of Public Service,
and cost estimates for providing such service to unserved areas;
(2)
the areas served and the areas not served by broadband that has a
download speed of at least 0.768 Mbps and an upload speed of at least
0.2 Mbps, as identified by the Department of Public Service, and cost estimates
for providing such service to unserved areas;
(3)
the areas served and the areas not served by broadband that has a
combined download and upload speed of at least 5 Mbps, as identified by the
Department of Public Service, and the costs for providing such service to
unserved areas; and
(4)
the areas served and the areas not served by broadband that has a
download speed of at least 100 Mbps and is symmetrical, as identified by the
Department of Public Service, and the costs for providing such service to
unserved areas.
Sec. 38.
REPEAL
3 V.S.A. § 2222b (Secretary of Administration responsible for coordination
and planning); 3 V.S.A.
§ 2222c (Secretary of Administration to prepare
deployment
report);
30
V.S.A.
§ 8077
(minimum
technical
service
characteristics); and 30 V.S.A. § 8079 (broadband infrastructure investment)
are repealed.
Sec.
39.
CREATION
OF
POSITIONS;
TRANSFER
OF
VACANT
POSITIONS; REEMPLOYMENT RIGHTS
(a)
The following exempt positions are created within the Division for
Connectivity:
one full-time Director and up to six additional full-time
employees as deemed necessary by the Secretary of Administration.
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(b)
The positions created under subsection (a) of this section shall only be
filled to the extent there are existing vacant positions in the Executive Branch
available to be transferred and converted to the new positions in the Division
for Connectivity, as determined by the Secretary of Administration and the
Commissioner of Human Resources, so that the total number of authorized
positions in the State shall not be increased by this act.
(c)
All full-time personnel of the Vermont Telecommunications Authority
employed by the Authority on the day immediately preceding the effective date
of this act, who do not obtain a position in the Division for Connectivity
pursuant to subsection (a) of this section, shall be entitled to the same
reemployment or recall rights available to nonmanagement State employees
under the existing collective bargaining agreement entered into between the
State and the Vermont State Employees’ Association.
Sec. 40.
TRANSITIONAL PROVISIONS
(a)
Personnel.
The Secretary of Administration shall determine where the
offices of the Division for Connectivity shall be housed.
(b)
Assets and liabilities.
The assets and liabilities of the Vermont
Telecommunications Authority (VTA) shall become the assets and liabilities of
the Agency of Administration.
(c)
Legal and contractual obligations.
The Executive Director of the VTA,
in consultation with the Secretary of Administration, shall identify all grants
and contracts of the VTA and create a plan to redesignate the Agency of
Administration as the responsible entity.
The plan shall ensure that all existing
grantors, grantees, and contractors are notified of the redesignation.
* * * Conduit Standards; Public Highways * * *
Sec. 41.
3 V.S.A. § 2226 is added to read:
§ 2226.
PUBLIC HIGHWAYS; CONDUIT STANDARDS
(a)
Intent.
The intent of this section is to provide for the construction of
infrastructure sufficient to allow telecommunications service providers seeking
to deploy communication lines in the future to do so by pulling the lines
through the conduit and appurtenances installed pursuant to this section.
This
section is intended to require those constructing public highways, including
State, municipal, and private developers, to provide and install such conduit
and
appurtenances
as
may
be
necessary
to
accommodate
future
telecommunications needs within public highways and rights-of-way without
further excavation or disturbance.
(b)
Rules; standards.
On or before January 1, 2015, the Secretary of
Administration, in consultation with the Commissioner of Public Service, the
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Secretary of Transportation, and the Vermont League of Cities and Towns,
shall adopt rules requiring the installation of conduit and such vaults and other
appurtenances
as
may
be
necessary
to
accommodate
installation
and
connection of telecommunications lines within the conduit during highway
construction projects.
The rules shall specify construction standards with due
consideration given to existing and anticipated technologies and industry
standards.
The standards shall specify the minimum diameter of the conduit
and interducts to meet the requirements of this section.
All conduit and
appurtenances installed by private parties under this section shall be conveyed
and dedicated to the State or the municipality, as the case may be, with the
dedication and conveyance of the public highway or right-of-way.
Any and all
installation costs shall be the responsibility of the party constructing the public
highway.
* * * Extension of 248a; Automatic Party Status * * *
Sec. 42.
30 V.S.A. § 248a is amended to read:
§ 248a.
CERTIFICATE OF PUBLIC GOOD FOR COMMUNICATIONS
FACILITIES
(a)
Certificate.
Notwithstanding any other provision of law, if the applicant
seeks approval for the construction or installation of telecommunications
facilities that are to be interconnected with other telecommunications facilities
proposed or already in existence, the applicant may obtain a certificate of
public good issued by the Public Service Board under this section, which the
Board may grant if it finds that the facilities will promote the general good of
the
State
consistent
with subsection
202c(b)
of
this
title the
State
Telecommunications Plan.
A single application may seek approval of one or
more telecommunications facilities.
An application under this section shall
include a copy of each other State and local permit, certificate, or approval that
has been issued for the facility under a statute, ordinance, or bylaw pertaining
to the environment or land use.
* * *
(i)
Sunset of Board authority.
Effective July 1, 2014 2016, no new
applications
for
certificates
of
public
good
under
this
section
may
be
considered by the Board.
* * *
(m) Municipal bodies; participation. The legislative body and the planning
commission for the municipality in which a telecommunications facility is
located shall have the right to appear and participate on any application under
this section seeking a certificate of public good for the facility.
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Sec. 43.
10 V.S.A. § 1264(j) is amended to read:
(j)
Notwithstanding any other provision of law, if an application to
discharge stormwater runoff pertains to a telecommunications facility as
defined in 30 V.S.A. § 248a and is filed before July 1, 2014 2016 and the
discharge will be to a water that is not principally impaired by stormwater
runoff:
(1)
The Secretary shall issue a decision on the application within 40
days of the date the Secretary determines the application to be complete, if the
application seeks authorization under a general permit.
(2)
The Secretary shall issue a decision on the application within 60
days of the date the Secretary determines the application to be complete, if the
application seeks or requires authorization under an individual permit.
Sec. 44.
10 V.S.A. § 8506 is amended to read:
§ 8506.
RENEWABLE ENERGY PLANT; TELECOMMUNICATIONS
FACILITY; APPEALS
(a)
Within 30 days of the date of the act or decision, any person aggrieved
by an act or decision of the secretary Secretary, under the provisions of law
listed in section 8503 of this title, or any party by right may appeal to the
public service board Public Service Board if the act or decision concerns a
renewable energy plant for which a certificate of public good is required under
30 V.S.A. § 248 or a telecommunications facility for which the applicant has
applied or has served notice under 30 V.S.A. § 248a(e) that it will apply for
approval under 30 V.S.A. § 248a.
This section shall not apply to a facility that
is subject to section 1004 (dams before the Federal Energy Regulatory
Commission) or 1006 (certification of hydroelectric projects) or chapter 43
(dams) of this title.
This section shall not apply to an appeal of an act or
decision of the secretary Secretary regarding a telecommunications facility
made on or after July 1, 2014 2016.
* * *
Sec. 45.
2011 Acts and Resolves No. 53, Sec. 14d is amended to read:
Sec.
14d.
PROSPECTIVE
REPEALS;
EXEMPTIONS
FROM
MUNICIPAL BYLAWS AND ORDINANCES
Effective July 1, 2014 2016:
(1)
24 V.S.A. § 4413(h) (limitations on municipal bylaws) shall be
repealed; and
(2)
24
V.S.A.
§
2291(19)
(municipal
ordinances;
wireless
telecommunications facilities) is amended to read:
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* * *
Sec. 46.
3 V.S.A. § 2809 is amended to read:
§ 2809.
REIMBURSEMENT OF AGENCY COSTS
(a)(1)
The Secretary may require an applicant for a permit, license,
certification, or order issued under a program that the Secretary enforces under
10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic,
or engineering expertise provided by the Agency of Natural Resources,
provided:
(A)
the The Secretary does not have such expertise or services and
such expertise is required for the processing of the application for the permit,
license, certification, or order; or.
(B)
the The Secretary does have such expertise but has made a
determination that it is beyond the agency’s Agency’s internal capacity to
effectively utilize that expertise to process the application for the permit,
license, certification, or order.
In addition, the Secretary shall determine that
such expertise is required for the processing of the application for the permit,
license, certification, or order.
(2)
The Secretary may require an applicant under 10 V.S.A. chapter 151
to pay for the time of Agency of Natural Resources personnel providing
research, scientific, or engineering services or for the cost of expert witnesses
when agency Agency personnel or expert witnesses are required for the
processing of the permit application.
(3)
In addition to the authority set forth under 10 V.S.A. chapters 59 and
159 and § section 1283, the Secretary may require a person who caused the
agency Agency to incur expenditures or a person in violation of a permit,
license, certification, or order issued by the Secretary to pay for the time of
agency Agency personnel
or
the
cost
of
other
research,
scientific,
or
engineering services incurred by the agency Agency in response to a threat to
public health or the environment presented by an emergency or exigent
circumstance.
* * *
(g)
Concerning an application for a permit to discharge stormwater runoff
from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed
before July 1, 2014 2016:
(1)
Under subdivision (a)(1) of this section, the agency Agency shall not
require an applicant to pay more than $10,000.00 with respect to a facility.
(2)
The provisions of subsection (c) (mandatory meeting) of this section
- 3089 -
shall not apply.
* * * Administration Report; E-911; Vermont USF Fiscal Agent; Vermont
Communications Board; FirstNet * * *
Sec.
47.
ADMINISTRATION
REPORT;
TRANSFERS
AND
CONSOLIDATION; VERMONT USF FISCAL AGENT
(a)
On January 1, 2015, after receiving input from State and local agencies
potentially impacted, the Secretary of Administration shall submit a report to
the General Assembly proposing a plan for transferring the responsibilities and
powers of the Enhanced 911 Board, including necessary positions, to the
Division
for
Connectivity,
the
Department
of
Public
Service,
or
the
Department of Public Safety, as he or she deems appropriate.
The plan shall
include
budgetary
recommendations
and
shall
strive
to
achieve
annual
operational savings of at least $300,000.00, as well as enhanced coordination
and efficiency, and reductions in operational redundancies.
The report shall
include draft legislation implementing the Secretary’s plan.
In addition, the
report shall include findings and recommendations on whether it would be cost
effective to select an existing State agency to serve as fiscal agent to the
Vermont Universal Service Fund.
(b)
As part of the report required in subsection (a) of this section, the
Secretary shall also make findings and recommendations regarding the status
of the Vermont Communications Board, Department of Public Safety, and the
Vermont Public Safety Broadband Network Commission (Vermont FirstNet).
If not prohibited by federal law, the Secretary shall propose draft legislation
creating an advisory board within the Division for Connectivity or the
Department of Public Safety comprised of 15 members appointed by the
Governor to assume functions of the current Enhanced 911 Board, the
Vermont Communications Board, and Vermont FirstNet, as the Secretary
deems appropriate.
Upon establishment of the new advisory board and not
later than July 1, 2015, the E-911 Board and the Vermont Communications
Board shall cease to exist.
* * * DPS Deployment Report * * *
Sec. 48.
DEPARTMENT OF PUBLIC SERVICE; DEPLOYMENT REPORT
On July 15, 2015, the Commissioner of Public Service shall submit to the
General Assembly a report, including maps, indicating the service type and
average
speed
of
service
of
mobile
telecommunications
and
broadband
services available within the State by census block as of June 30, 2015.
* * * VTA; Dormant Status * * *
Sec. 49.
30 V.S.A. § 8060a is added to read:
- 3090 -
§ 8060a.
PERIOD OF DORMANCY
On July 1, 2015, the Division for Connectivity established under 3 V.S.A.
§ 2225 shall become the successor in interest to and the continuation of the
Vermont Telecommunications Authority, and the Authority shall cease all
operations and shall not resume its duties as specified under this chapter or
under any other Vermont law unless directed to do so by enactment of the
General Assembly or, if the General Assembly is not in session, by order of the
Joint Fiscal Committee.
The Joint Fiscal Committee shall issue such order
only upon finding that, due to an unforeseen change in circumstances,
implementation of the Authority’s capacity to issue revenue bonds would be
the most effective means of furthering the State’s telecommunications goals
and policies.
Upon the effective date of such enactment or order, the duties of
the Executive Director and the Board of Directors of the Authority shall
resume in accordance with 30 V.S.A. chapter 91 and the Director for
Connectivity shall be the acting Executive Director of the Authority, until the
position is filled pursuant to 30 V.S.A. § 8061(e).
* * * Telecommunications; CPGs; Annual Renewals;
Retransmission Fees * * *
Sec. 50.
30 V.S.A. § 231 is amended to read:
§
231.
CERTIFICATE
OF
PUBLIC
GOOD;
ABANDONMENT
OF
SERVICE; HEARING
(a)
A person, partnership, unincorporated association, or previously
incorporated association, which desires to own or operate a business over
which the public service board Public Service Board has jurisdiction under the
provisions of this chapter shall first petition the board Board to determine
whether the operation of such business will promote the general good of the
state, State
and
conforms
with
the
State
Telecommunications
Plan,
if
applicable, and shall at that time file a copy of any such petition with the
department Department.
The department Department, within 12 days, shall
review the petition and file a recommendation regarding the petition in the
same manner as is set forth in subsection 225(b) of this title.
Such
recommendation shall set forth reasons why the petition shall be accepted
without hearing or shall request that a hearing on the petition be scheduled.
If
the department Department requests a hearing on the petition, or, if the board
Board deems a hearing necessary, it shall appoint a time and place in the
county where the proposed corporation is to have its principal office for
hearing the petition, and shall make an order for the publication of the
substance thereof and the time and place of hearing two weeks successively in
a newspaper of general circulation in the county to be served by the petitioner,
the last publication to be at least seven days before the day appointed for the
- 3091 -
hearing.
The director for public advocacy Director for Public Advocacy shall
represent the public at such hearing.
If the board Board finds that the operation
of such business will promote the general good of the state, State and will
conform with the State Telecommunications Plan, if applicable, it shall give
such
person,
partnership,
unincorporated
association
or
previously
incorporated association a certificate of public good specifying the business
and territory to be served by such petitioners.
For good cause, after
opportunity for hearing, the board Board may amend or revoke any certificate
awarded under the provisions of this section.
If any such certificate is revoked,
the person, partnership, unincorporated association, or previously incorporated
association shall no longer have authority to conduct any business which is
subject to the jurisdiction of the board Board whether or not regulation
thereunder has been reduced or suspended, under section 226a or 227a of
this title.
(b)
A company subject to the general supervision of the public service
board Public Service Board under section 203 of this title may not abandon or
curtail any service subject to the jurisdiction of the board Board or abandon all
or any part of its facilities if it would in doing so effect the abandonment,
curtailment or impairment of the service, without first obtaining approval of
the public service board Board, after notice and opportunity for hearing, and
upon finding by the board Board that the abandonment or curtailment is
consistent with the public interest and the State Telecommunications Plan, if
applicable; provided, however, this section shall not apply to disconnection of
service pursuant to valid tariffs or to rules adopted under section subsections
209(b) and (c) of this title.
Sec. 51.
30 V.S.A. § 504 is amended to read:
§ 504.
CERTIFICATES OF PUBLIC GOOD
(a)
Certificates of public good granted under this chapter shall be for a
period of 11 years.
(b)
Issuance of a certificate shall be after opportunity for hearing and
findings by the board Board that the applicant has complied or will comply
with requirements adopted by the board Board to ensure that the system
provides:
(1)
designation of adequate channel capacity and appropriate facilities
for public, educational, or governmental use;
(2)
adequate and technically sound facilities and equipment, and signal
quality;
(3)
a reasonably broad range of public, educational, and governmental
- 3092 -
programming;
(4)
the
prohibition
of
discrimination
among
customers
of
basic
service; and
(5)
basic service in a competitive market, and if a competitive market
does not exist, that the system provides basic service at reasonable rates
determined in accordance with section 218 of this title; and
(6)
service that conforms with the relevant provisions of the State
Telecommunications Plan.
(c)
In addition to the requirements set forth in subsection (b) of this section,
the board Board shall insure ensure that the system provides or utilizes:
(1)
a reasonable quality of service for basic, premium or otherwise,
having regard to available technology, subscriber interest, and cost;
(2)
construction, including installation, which conforms to all applicable
state State and federal laws and regulations and the National Electric Safety
Code;
(3)
a competent staff sufficient to provide adequate and prompt service
and to respond quickly and comprehensively to customer and department
Department complaints and problems;
(4)
unless waived by the board Board, an office which shall be open
during usual business hours, have a listed toll-free telephone so that complaints
and requests for repairs or adjustments may be received; and
(5)
reasonable rules and policies for line extensions, disconnections,
customer deposits, and billing practices.
(d)
A certificate granted to a company shall represent nonexclusive
authority of that company to build and operate a cable television system to
serve customers only within specified geographical boundaries.
Extension of
service beyond those boundaries may be made pursuant to the criteria in
section 504 of this title this section, and the procedures in section 231 of
this title.
(e)
Subdivision (b)(6) of this section (regarding conformity with the State
Telecommunications Plan) shall apply only to certificates that expire or new
applications that are filed after the year 2014.
Sec. 52.
30 V.S.A. § 518 is added to read:
§ 518.
DISCLOSURE OF RETRANSMISSION FEES
A
retransmission
agreement
entered
into
between
a
commercial
broadcasting station and a cable company pursuant to 47 U.S.C. § 325 shall not
- 3093 -
include terms prohibiting the company from disclosing to its subscribers any
fees incurred for program content retransmitted on the cable network under the
retransmission agreement.
* * * Statutory Revision Authority * * *
Sec.
53.
LEGISLATIVE
COUNCIL
STATUTORY
REVISION
AUTHORITY; LEGISLATIVE INTENT
(a)
The staff of the Office of the Legislative Council in its statutory
revision capacity is authorized and directed to amend the Vermont Statutes
Annotated as follows:
(1)
deleting all references to “by the end of the year 2013” in 30 V.S.A.
(2)
during the interim of the 2015 biennium of the General Assembly, in
30 V.S.A. § 227e, replacing every instance of the words “Secretary of
Administration” and “Secretary” with the words “Director for Connectivity”
and “Director,” respectively.
(b)
Any duties and responsibilities that arise by reference to the Division
for Connectivity in the Vermont Statutes Annotated shall not be operative until
the Division is established pursuant to 3 V.S.A. § 2225.
* * * Effective Dates * * *
Sec. 54.
EFFECTIVE DATES
This act shall take effect on July 1, 2014, except that 16 V.S.A. § 2888(d) in
Sec. 22 and Secs. 37, 38, and 39 (regarding the Division for Connectivity) shall
take effect on July 1, 2015.
(For House Proposal of Amendment see House Journal April 30, 2014
Page 1581)
Committee of Conference Report
H. 526
An act relating to the establishment of lake shoreland protection standards
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House Bill entitled:
H. 526 An act relating to the establishment of lake shoreland protection
standards
Respectfully report that they have met and considered the same and
- 3094 -
recommend that the the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
LEGISLATIVE FINDINGS AND LEGISLATIVE INTENT
The General Assembly finds and declares that:
(1)
Clean water is essential in Vermont’s quality of life.
(2)
Preserving, protecting, and restoring the water quality of all lakes,
ponds, rivers, and streams are necessary for the clean water, recreation,
economic opportunity, wildlife habitat, and ecological value that such waters
provide.
(3)
Currently, there are multiple pressures on the protection of the water
quality of the State’s surface waters.
(4)
The State has responded to the multiple pressures on water quality
by
implementing
regulatory
programs
for
stormwater,
wastewater,
and
agricultural runoff, but water quality issues remain that need addressing.
(5)
Vermont’s lakes are among the State’s most valuable and fragile
economic and natural resources, and the protection of naturally vegetated
shorelands adjacent to lakes is necessary to prevent water quality degradation,
maintain healthy habitat, and promote flood resilience.
(6)
Naturally
vegetated
shorelands
and
implementation
of
best
management practices in lands adjacent to lakes function to:
(A)
intercept and infiltrate surface water runoff, wastewater, and
groundwater flows from upland sources;
(B)
remove or minimize the effects of nutrients, sediment, organic
matter, pesticides, and other pollutants;
(C)
moderate the temperature of shallow water habitat;
(D)
maintain the conditions that sustain the full support of aquatic
biota, wildlife, and aquatic habitat uses; and
(E)
promote stability and flood resilience by protecting shoreline
banks from erosion.
(7)
Healthy lakes and adjacent shorelands:
(A)
support Vermont’s tourism economy and promote widespread
recreational opportunities, including swimming, boating, fishing, and hunting;
(B)
support property values and tax base; and
(C)
reduce human health risks.
- 3095 -
(8)
According to the Agency of Natural Resources Water Quality
Remediation, Implementation, and Funding Report in 2013, review of the
development, protection, and stabilization of shorelands is necessary because
of the importance of shorelands to the health of lakes.
(9)
A lake or pond of more than 10 acres is located in 184 of the State’s
251 municipalities.
However, only 48 municipalities have shoreland zoning
that requires vegetative cover.
Scientifically based standards for impervious
surface and cleared area adjacent to lakes are necessary to protect and maintain
the integrity of water quality and aquatic and shoreland habitat, while also
allowing for reasonable development of shorelands.
(10)
The shorelands of the State owned by private persons remain
private property, and this act does not extend the common-law public trust
doctrine to private shoreland that is not currently public trust land.
The State
has an interest in protecting lakes and adjacent shorelands in a manner that
respects existing rights of property owners to control access to land they own
in lake shorelands, and the regulation of the creation of new impervious
surface or cleared area in the shoreland areas should not and does not affect the
ability of property owners to control access to their lands.
(11)
In order to fulfill the State’s role as trustee of its waters and
promote public health, safety, and the general welfare, it is in the public
interest for the General Assembly to establish lake shoreland protection
standards for impervious surface and cleared area in the shorelands adjacent to
the State’s lakes.
Sec. 2.
10 V.S.A. chapter 49A is added to read:
CHAPTER 49A.
LAKE SHORELAND PROTECTION STANDARDS
§ 1441.
PURPOSE
The purposes of this chapter shall be to:
(1)
provide clear and adaptable standards for the creation of impervious
surface or cleared area in lands adjacent to lakes;
(2)
prevent degradation of water quality in lakes and preserve natural
stabil