Thumbnails Outlines
House Calendar
Thursday, May 08, 2014
122nd DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
S. 237
An act relating to civil forfeiture proceedings in cases of animal cruelty
..................................................................................................................... 3497
Senate Proposal of Amendment
H. 225
A statewide policy on the use of and training requirements for
electronic control devices ............................................................................ 3497
H. 552
Raising the Vermont minimum wage .............................................. 3500
H. 645
Workers’ compensation ................................................................... 3501
Committee of Conference Report
S. 234
An act relating to Medicaid coverage for home telemonitoring services
..................................................................................................................... 3509
NOTICE CALENDAR
Favorable with Amendment
H.R. 24
Relating to legislative ethics .......................................................... 3511
Rep. Deen for Rules
Favorable
S. 308
An act relating to regulating precious metal dealers ........................ 3513
Rep. Koch for Judiciary
Rep. Wilson for Ways and Means ............................................................... 3513
Senate Proposal of Amendment
H. 864
Capital construction and State bonding budget adjustment ............ 3513
S. 28
An act relating to gender-neutral nomenclature for the identification of
parents on birth certificates ......................................................................... 3538
S. 221
An act relating to providing statutory purposes for tax expenditures3538
Committee of Conference Report
H. 699
Temporary housing .......................................................................... 3539
H. 765
Eliminating the part-time certification of law enforcement officers3540
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 3558
Consent Calendar
H.C.R. 356
Honoring Rutland Free Library Director Paula Baker ............ 3558
H.C.R. 357
Congratulating the Vermont Housing Finance Agency on its 40th
anniversary and recognizing the leadership of its executive director, Sarah
Carpenter ..................................................................................................... 3558
H.C.R. 358
Congratulating the Italian American Club in Rutland on its
centennial ..................................................................................................... 3558
H.C.R. 359
Congratulating William Anton on being named the 2014 Vermont
winner of the National Association of Elementary School Principals’ National
Distinguished Principal Award .................................................................... 3558
H.C.R. 360
Congratulating Rosemary FitzSimons on being named the 2014
winner of the Henry Giaguque Vermont Elementary Principal of the Year3558
H.C.R. 361
Congratulating the 2014 Woodstock Union High School Wasps
Division II girls’ Nordic skiing championship team ................................... 3558
H.C.R. 362
Congratulating the 2014 Woodstock Union High School Wasps
Division II boys’ Nordic skiing championship team ................................... 3558
H.C.R. 363
Congratulating Vermont Economic Development Authority on its
40th anniversary .......................................................................................... 3559
H.C.R. 364
In memory of John P. Griffin Jr. of Bennington ..................... 3559
H.C.R. 365
Congratulating the Washington Electric Cooperative on its 75th
anniversary .................................................................................................. 3559
H.C.R. 366
Commemorating the 70th anniversary of D-Day .................... 3559
H.C.R. 367
Congratulating the 2013 Richford High School’s Division IV
girls’ track and field team ............................................................................ 3559
H.C.R. 368
Congratulating the Milton High School Drama Club on winning
the Vermont Drama Festival’s one-act play competition ............................ 3559
H.C.R. 369
Congratulating the 2014 Middlebury Union High School Tigers
Division II championship girls’ ice hockey team ........................................ 3559
H.C.R. 370
Congratulating the Farm & Wilderness Camps on their 75th
anniversary .................................................................................................. 3559
H.C.R. 371
Honoring Windham Southeast Supervisory Union Business
Administrator James E. Kane ...................................................................... 3559
H.C.R. 372
Congratulating Penny Ly on being named the Vermont winner of
the 2014 Doodle 4 Google competition ....................................................... 3559
H.C.R. 373
Honoring Frances Ann Sullivan of Vergennes ........................ 3559
H.C.R. 374
In memory of former Representative Ira Pike of Mendon ...... 3559
H.C.R. 375
Congratulating Coy Lyford on winning his third consecutive State
youth wrestling championship ..................................................................... 3559
H.C.R. 376
Congratulating Rebecca Carleton on winning the National Art
Education Association’s 2014 Eastern Region Educator of the Year Award
..................................................................................................................... 3559
H.C.R. 377
Congratulating the Bennington Fire Department on its 50th
Bennington Battle Day Parade .................................................................... 3560
H.C.R. 378
Honoring the Vermont Elks Association’s Silver Towers Camp
..................................................................................................................... 3560
H.C.R. 379
Honoring University of Vermont Associate Professor of
Philosophy Arthur Kuflik ............................................................................ 3560
H.C.R. 380
Designating May 7, 2014 as Poverty Awareness Day in Vermont
..................................................................................................................... 3560
H.C.R. 381
Honoring former Brattleboro Selectboard Chair Jesse M. Corum
IV for his legal and civic leadership in Windham County .......................... 3560
H.C.R. 382
Congratulating Kelly Stettner of Springfield on being named the
2014 winner of the Green Mountain Power–Zetterstrom Environmental Award
..................................................................................................................... 3560
S.C.R. 57
Senate concurrent resolution congratulating the Capitol Plaza Hotel
and Conference Center on providing 20 years of award-winning service to the
Montpelier community ................................................................................ 3560
S.C.R. 58
Senate concurrent resolution congratulating the Greenwood School
and documentary filmmaker Ken Burns on the premiere of The Address .. 3560
S.C.R. 59
Senate concurrent resolution congratulating OUR House of Central
Vermont on its 25th anniversary ................................................................. 3560
S.C.R. 60
Senate concurrent resolution congratulating Pixley Tyler Hill and
Ted Tyler on being named as U.S. Environmental Protection Agency’s 2014
Environmental Merit Award winners .......................................................... 3560
S.C.R. 61
Senate concurrent resolution honoring Franklin County Deputy
Sheriff Corporal Brendan McKenney and Enosburgh Ambulance Officer Dean
Scott for their heroic rescue efforts in Montgomery ................................... 3560
S.C.R. 62
Senate concurrent resolution congratulating the Vermont State
Nurses’ Association on its centennial ......................................................... 3560
S.C.R. 63
Senate concurrent resolution commemorates the U.S. Army’s 10th
Mountain Division, our nation’s alpine soldiers ......................................... 3561
- 3497 -
ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
S. 237
An act relating to civil forfeiture proceedings in cases of animal cruelty
Senate Proposal of Amendment
H. 225
An act relating to a statewide policy on the use of and training requirements for
electronic control devices
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.
20 V.S.A. § 2367 is added to read:
§ 2367.
STATEWIDE POLICY; ELECTRONIC CONTROL DEVICES;
REPORTING
(a)
As used in this section:
(1)
“Electronic control device” means a device primarily designed to
disrupt an individual’s central nervous system by means of deploying electrical
energy sufficient to cause uncontrolled muscle contractions and override an
individual’s voluntary motor responses.
(2)
“Law enforcement officer” means a sheriff, deputy sheriff, police
officer,
capitol
police
officer,
State
game
warden,
State
Police
officer,
constable who exercises law enforcement authority pursuant to 24 V.S.A.
§ 1936a and who is trained in compliance with section 2358 of this title, and a
certified law enforcement officer employed by a State branch, agency, or
department, including the Department of Motor Vehicles, the Agency of
Natural Resources, the Office of the Attorney General, the Department of
State’s Attorney, the Secretary of State, and the Department of Liquor Control.
(b)
On or before January 1, 2015, the Law Enforcement Advisory Board
shall establish a statewide policy on the use of and training requirements for
the use of electronic control devices.
On or before January 1, 2016, every
State,
local,
county,
and
municipal
law
enforcement
agency
and
every
constable who is not employed by a law enforcement agency shall adopt this
policy.
If a law enforcement agency or officer that is required to adopt a
policy pursuant to this subsection fails to do so on or before January 1, 2016,
that agency or officer shall be deemed to have adopted, and shall follow and
- 3498 -
enforce, the model policy established by the Law Enforcement Advisory
Board.
The policy shall include the following provisions:
(1)
Electronic control devices are less-lethal, but not necessarily non-
lethal, alternatives to lethal force.
(2)
Officers may deploy an electronic control device only:
(A)
against subjects who are exhibiting active aggression or who are
actively resisting in a manner that, in the officer’s judgment, is likely to result
in injuries to others or themselves; or
(B)
if, without further action or intervention by the officer,
injuries
to the subject or others will likely occur.
(3)
Neither an officer, a subject, or a third party has actually to suffer an
injury before an officer is permitted to use an electronic control device, and
officers are not required to use alternatives that increase the danger to the
public or themselves.
(4)
When it is safe to do so, officers shall attempt to de-escalate
situations and shall provide a warning prior to deploying an electronic control
device.
(5)
Electronic control devices shall not be used in a punitive or coercive
manner and shall not be used to awaken, escort, or gain compliance from
passively resisting subjects.
The act of fleeing or of destroying evidence, in
and of itself, does not justify the use of an electronic control device.
(6)
The use of electronic control devices shall comply with all
recommendations by manufacturers for the reduction of risk of injury to
subjects, including situations where a subject’s physical susceptibilities are
known.
(7)
Electronic control devices shall be used in a manner that recognizes
the potential additional risks that can result from situations:
(A)
involving persons who are in an emotional crisis that may
interfere with their ability to understand the consequences of their actions or to
follow directions;
(B)
involving persons with disabilities whose disability may impact
their ability to communicate with an officer, or respond to an officer’s
directions; and
(C)
involving higher risk populations that may be more susceptible to
injury as a result of electronic control devices.
(8)
Electronic control devices shall not be used on animals unless
- 3499 -
necessary to deter vicious or aggressive behavior that threatens the safety of
officers or others.
(c)
The Criminal Justice Training Council shall adopt rules and develop
training to ensure that the policies and standards of this section are met.
The
Criminal Justice Training Council shall ensure that a law enforcement officer
receives appropriate and sufficient training before becoming authorized to
carry or use an electronic control device.
(d)
On or before June 30, 2017, every State, local, county, and municipal
law enforcement agency that employs one or more certified law enforcement
officers shall ensure that all officers have completed the training established in
2004 Acts and Resolves No. 80, Sec. 13(a), and every constable who is not
employed by a law enforcement agency shall have completed this training.
(e)
The Criminal Justice Training Council shall coordinate training
initiatives with the Department of Mental Health related to law enforcement
interventions, training for joint law enforcement and mental health crisis team
responses, and enhanced capacity for mental health emergency responses.
(f)
Every State, local, county, and municipal law enforcement agency and
every constable who is not employed by a law enforcement agency shall report
all incidents involving the use of an electronic control device to the Criminal
Justice Training Council in a form to be determined by the Council.
(g)
The Law Enforcement Advisory Board shall:
(1)
study and make recommendations as to whether officers authorized
to carry electronic control devices should be required to wear body cameras;
(2)
establish a policy on the calibration and testing of electronic control
devices;
(3)
on or before January 15, 2015, report to the House and Senate
Committees on Government Operations and on Judiciary concerning the
recommendations and policy developed pursuant to subdivisions (1) and (2) of
this subsection; and
(4)
on or before April 15, 2015, ensure that all electronic control devices
carried or used by law enforcement officers are in compliance with the policy
established pursuant to subdivision (2) of this subsection.
Sec. 2.
REPORTS
(a)
On or before January 15, 2015, the Criminal Justice Training Council
shall report to the House and Senate Committees on Government Operations
and on Judiciary on the progress made implementing the rules, training, and
certification standards required by this act.
- 3500 -
(b)
On or before January 15, 2015, the Department of Mental Health shall
report to the House and Senate Committees on Government Operations and on
Judiciary on the adequacy of resources to support the requirements of this act.
(c)
On or before March 15, 2016, and annually thereafter, the Criminal
Justice Training Council shall report to the House and Senate Committees on
Government Operations and on Judiciary all incidents involving the use of an
electronic control device, a review of compliance with standards, the adequacy
of training and certification requirements, and the adequacy of funding for
mental health collaboration.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal March 18, 19, 2014 )
H. 552
An act relating to raising the Vermont minimum wage
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.
21 V.S.A. § 384 is amended to read:
§ 384.
EMPLOYMENT; WAGES
(a)
An employer shall not employ an any employee at a rate of less than
$7.25, $9.15.
Beginning January 1, 2016, an employer shall not employ any
employee at a rate of less than $9.60.
Beginning January 1, 2017, an employer
shall not employ any employee at a rate of less than $10.00.
Beginning
January 1, 2018, an employer shall not employ any employee at a rate of less
than $10.50, and, beginning January 1, 2007, 2019 and on each subsequent
January 1, the minimum wage rate shall be increased by five percent or
the percentage increase of the Consumer Price Index, CPI-U, U.S. city
average, not seasonally adjusted, or successor index, as calculated by the
U.S. Department of Labor or successor agency for the 12 months preceding the
previous September 1, whichever is smaller, but in no event shall the minimum
wage be decreased.
The minimum wage shall be rounded off to the nearest
$0.01.
An employer in the hotel, motel, tourist place, and restaurant industry
shall not employ a service or tipped employee at a basic wage rate less than
$3.65 an hour, and beginning January 1, 2008, and on each January 1
thereafter, this basic tip wage rate shall be increased at the same percentage
rate as the minimum wage rate one-half the minimum wage.
For the purposes
of As used in this subsection, “a service or tipped employee” means an
employee of a hotel, motel, tourist place, or restaurant who customarily and
regularly receives more than $120.00 per month in tips for direct and personal
- 3501 -
customer service.
If the minimum wage rate established by the United States
U.S. government is greater than the rate established for Vermont for any year,
the minimum wage rate for that year shall be the rate established by the United
States U.S. government.
* * *
Sec. 2.
10 V.S.A. § 531 is amended to read:
§ 531.
EMPLOYMENT TRAINING PROGRAM
* * *
(c)
The employer promises as a condition of the grant to:
(1)
employ new persons at a wage which, at the completion of the
training program, is two times the prevailing state or federal minimum wage,
whichever is greater, reduced by the value of any existing health benefit
package up to a limit of 30 percent of the gross program wage, or for existing
employees, to increase the wage to two times the prevailing state and federal
minimum wage, whichever is greater, reduced by the value of any existing
health benefit package up to a limit of 20 percent of the gross program wage,
upon completion of training; provided, however, that in areas defined by the
Secretary of Commerce and Community Development in which the Secretary
finds that the rate of unemployment is 50 percent greater than the average for
the State, the wage rate under this subsection may be set by the Secretary at a
rate no less than one and one-half times the federal or state minimum wage,
whichever is greater equals or exceeds the livable wage as defined in 2 V.S.A.
* * *
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal April 8, 9, 2014 )
H. 645
An act relating to workers’ compensation
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.
21 V.S.A. § 632 is amended to read:
§
632.
COMPENSATION
TO
DEPENDENTS; DEATH
BENEFITS
BURIAL AND FUNERAL EXPENSES
If death results from the injury, the employer shall pay to the persons
entitled to compensation or, if there is none, then to the personal representative
of the deceased employee, the actual burial and funeral expenses in the amount
- 3502 -
of $5,500.00 not to exceed $10,000.00 and the actual expenses for out-of-state
transportation of the decedent to the place of burial not to exceed $1,000.00
$5,000.00.
Every two years, the Commissioner of Labor shall evaluate the
average burial and funeral expenses in the State and make a recommendation
to the House Committee on Commerce and Economic Development and the
Senate Committee on Finance as to whether an adjustment in compensation is
warranted.
The employer shall also pay to or for the benefit of the following
persons, for the periods prescribed in section 635 of this title, a weekly
compensation equal to the following percentages of the deceased employee’s
average weekly wages.
The weekly compensation payment herein allowed
shall not exceed the maximum weekly compensation or be lower than the
minimum weekly compensation:
* * *
Sec. 2.
21 V.S.A. § 639 is amended to read:
§ 639.
DEATH, PAYMENT TO DEPENDENTS
In cases of the death of a person from any cause other than the accident
during the period of payments for disability or for the permanent injury, the
remaining payments for disability then due or for the permanent injury shall be
made to the person’s dependents according to the provisions of sections 635
and 636 of this title, or if there are none, the remaining amount due, but not
exceeding $5,500.00 for burial and funeral expenses no more than the actual
burial and funeral expenses not to exceed $10,000.00 and the actual expenses
for out-of-state transportation of the decedent to the place of burial not to
exceed $1,000.00 $5,000.00, shall be paid in a lump sum to the proper person.
Every two years, the Commissioner of Labor shall evaluate the average burial
and funeral expenses in the State and make a recommendation to the House
Committee
on
Commerce
and
Economic
Development
and
the
Senate
Committee on Finance as to whether an adjustment in compensation is
warranted.
Sec. 3.
21 V.S.A. § 640c is added to read:
§ 640c.
OPIOID USAGE DETERRENCE
(a)
In support of the State’s fundamental interest in ensuring the well-being
of employees and employers, it is the intent of the General Assembly to protect
employees from the dangers of prescription drug abuse while maintaining a
balance between the employee’s health and the employee’s expedient return to
work.
(b)
As it pertains to workers’ compensation claims, the Commissioner of
Labor,
in
consultation
with
the
Department
of
Health,
the
State
Pharmacologist, the Vermont Board of Medical Practice, and the Vermont
- 3503 -
Medical Society, shall adopt rules consistent with the best practices governing
the prescription of opioids, including patient screening, drug screening, and
claim adjudication for patients prescribed opioids for chronic pain.
In adopting
rules, the Commissioner shall consider guidelines and standards such as the
Occupational
Medicine
Practice
Guidelines
published
by
the
American
College of Occupational and Environmental Medicine and other medical
authorities with expertise in the treatment of chronic pain.
The rules shall be
consistent with the standards and guidelines provided under 18 V.S.A. § 4289
and any rules adopted by the Department of Health pursuant to 18 V.S.A
§ 4289.
Sec. 4.
21 V.S.A. § 641 is amended to read:
§ 641.
VOCATIONAL REHABILITATION
* * *
(e)(1)
In support of the State’s fundamental interest in ensuring the
well-being of employees and employers, it is the intent of the General
Assembly that, following a workplace accident, an employee returns to work
as soon as possible but remains cognizant of the limitations imposed by his or
her medical condition.
(2)
The Commissioner shall adopt rules promoting development and
implementation of cost-effective, early return-to-work programs.
Sec. 5.
21 V.S.A. § 643a is amended to read:
§ 643a.
DISCONTINUANCE OF BENEFITS
Unless an injured worker has successfully returned to work, an employer
shall notify both the Commissioner and the employee prior to terminating
benefits under either section 642 or 646 of this title.
The notice of intention to
discontinue payments shall be filed on forms prescribed by the Commissioner
and shall include the date of the proposed discontinuance, the reasons for it,
and, if the employee has been out of work for 90 days, a verification that the
employer offered vocational rehabilitation screening and services as required
under this chapter.
All relevant evidence, including evidence that does not
support discontinuance in the possession of the employer not already filed,
shall be filed with the notice shall be provided to the injured worker.
With the
notice of discontinuance, the employer shall file only evidence relevant to the
discontinuance, including evidence that does not support the discontinuance,
with the Commissioner.
The liability for the payments shall continue for seven
14 days after the notice is received by the commissioner Commissioner and the
employee.
If the claimant disputes the discontinuance, the claimant may file
with the Commissioner an objection to the discontinuance and seek an
extension of the 14-day limit.
The Commissioner may grant an extension up to
- 3504 -
21 days.
The request for an extension shall be specific as to the number of
days needed and the reason for the extension and must be received by the
Commissioner prior to the end of the 14-day limit.
A copy of the request for
an extension shall be provided to the employer at the time the request is made
to the Commissioner.
Those payments shall be made without prejudice to the
employer and may be deducted from any amounts due pursuant to section 648
of this title if the Commissioner determines that the discontinuance is
warranted or if otherwise ordered by the Commissioner.
Every notice shall be
reviewed by the Commissioner to determine the sufficiency of the basis for the
proposed discontinuance.
If, after review of all the evidence in the file, the
Commissioner finds that a preponderance of all the evidence in the file does
not reasonably support the proposed discontinuance, the Commissioner shall
order that payments continue until a hearing is held and a decision is rendered.
Prior to a formal hearing, an injured worker may request reinstatement of
benefits
by
providing
additional
new
evidence
to
the
Department
that
establishes that a preponderance of all evidence now supports the claim.
If the
Commissioner’s decision, after a hearing, is that the employee was not entitled
to any or all benefits paid between the discontinuance and the final decision,
upon request of the employer, the Commissioner may order that the employee
repay all benefits to which the employee was not entitled.
The employer may
enforce a repayment order in any court of law having jurisdiction.
Sec. 6.
21 V.S.A. § 696 is amended to read:
§ 696.
CANCELLATION OF INSURANCE CONTRACTS
A policy or contract shall not be cancelled within the time limited specified
in the policy or contract for its expiration, until at least 45 days after a notice of
intention to cancel the policy or contract, on a date specified in the notice, has
been filed in the office of the commissioner Commissioner and provided to the
employer.
The notice shall be filed with the Commissioner in accordance with
rules adopted by the Commissioner and provided to the employer by certified
mail or certificate of mailing.
The cancellation shall not affect the liability of
an insurance carrier on account of an injury occurring prior to cancellation.
Sec. 7.
21 V.S.A. § 697 is amended to read:
§ 697.
NOTICE OF INTENT NOT TO RENEW POLICY
An insurance carrier who does not intend to renew a workers’ compensation
insurance policy of workers’ compensation insurance or guarantee contract
covering the liability of an employer under the provisions of this chapter, 45
days prior to the expiration of the policy or contract, shall give notice of the its
intention to the commissioner of labor Commissioner and to the covered
employer at least 45 days prior to the expiration date stated in the policy or
- 3505 -
contract.
The notice shall be given to the employer by certified mail or
certificate of mailing.
An insurance carrier who fails to give notice shall
continue the policy or contract in force beyond its expiration date for 45 days
from the day the notice is received by the commissioner Commissioner and the
employer.
However, this latter provision shall not apply if, prior to such
expiration date, on or before the expiration of the existing insurance or
guarantee contract the insurance carrier has, by delivery of a renewal contract
or otherwise, offered to continue the insurance beyond the date by delivery of a
renewal contract or otherwise, or if the employer notifies the insurance carrier
in writing that the employer does not wish the insurance continued beyond the
expiration date, or if the employer complies with the provisions of section 687
of this title, on or before the expiration of the existing insurance or guarantee
contract then the policy will expire upon notice to the Commissioner.
Sec. 8.
2013 Acts and Resolves No. 75, Sec. 14 is amended as follows:
Sec.
14.
UNIFIED
PAIN
MANAGEMENT
SYSTEM
ADVISORY
COUNCIL
* * *
(b)
The Unified Pain Management System Advisory Council shall consist
of the following members:
* * *
(4)
the Commissioner of Labor or designee;
(5)
the Director of the Blueprint for Health or designee;
(5)(6)
the Chair of the Board of Medical Practice or designee, who shall
be a clinician;
(6)(7)
a representative of the Vermont State Dental Society, who shall
be a dentist;
(7)(8)
a representative of the Vermont Board of Pharmacy, who shall be
a pharmacist;
(8)(9)
a faculty member of the academic detailing program at the
University of Vermont’s College of Medicine;
(9)(10)
a faculty member of the University of Vermont’s College of
Medicine
with
expertise
in
the
treatment
of
addiction
or
chronic
pain
management;
(10)(11)
a representative of the Vermont Medical Society, who shall be
a primary care clinician;
(11)(12)
a
representative
of
the
American
Academy
of
Family
Physicians, Vermont chapter, who shall be a primary care clinician;
- 3506 -
(12)(13)
a representative from the Vermont Board of Osteopathic
Physicians, who shall be an osteopath;
(13)(14)
a representative of the Federally Qualified Health Centers, who
shall be a primary care clinician selected by the Bi-State Primary Care
Association;
(14)(15)
a representative of the Vermont Ethics Network;
(15)(16)
a representative of the Hospice and Palliative Care Council of
Vermont;
(16)(17)
a representative of the Office of the Health Care Ombudsman;
(17)(18)
the Medical Director for the Department of Vermont Health
Access;
(18)(19)
a clinician who works in the emergency department of a
hospital, to be selected by the Vermont Association of Hospitals and Health
Systems in consultation with any nonmember hospitals;
(19)(20)
a member of the Vermont Board of Nursing Subcommittee on
APRN Practice, who shall be an advanced practice registered nurse;
(20)(21)
a representative from the Vermont Assembly of Home Health
and Hospice Agencies;
(21)(22)
a psychologist licensed pursuant to 26 V.S.A. chapter 55 who
has experience in treating chronic pain, to be selected by the Board of
Psychological Examiners;
(22)(23)
a drug and alcohol abuse counselor licensed pursuant to
33 V.S.A. chapter 8, to be selected by the Deputy Commissioner of Health for
Alcohol and Drug Abuse Programs;
(23)(24)
a retail pharmacist, to be selected by the Vermont Pharmacists
Association;
(24)(25)
an advanced practice registered nurse full-time faculty member
from the University of Vermont’s Department of Nursing; and
(25)(26)
a consumer representative who is either a consumer in recovery
from prescription drug abuse or a consumer receiving medical treatment for
chronic noncancer-related pain.;
(27)
a clinician who specializes in occupational medicine;
(28)
a clinician who specializes in physical medicine and rehabilitation;
and
(29)
a consumer representative who is or has been an injured worker and
- 3507 -
has been prescribed opioids.
* * *
Sec. 9.
21 V.S.A. § 678 is amended to read:
§ 678.
COSTS; ATTORNEY FEES
(a)
Necessary costs of proceedings under this chapter, including deposition
expenses, subpoena fees, and expert witness fees, shall be assessed by the
commissioner
Commissioner
against
the
employer
or
its
workers’
compensation
carrier
when
the
claimant
prevails.
The commissioner
Commissioner may
allow
the
claimant
to
recover
reasonable attorney
attorney’s fees when the claimant prevails.
Costs shall not be taxed or allowed
either party except as provided in this section.
(b)
In appeals to the superior or supreme courts Superior or Supreme Court,
if the claimant prevails, he or she shall be entitled to reasonable attorney
attorney’s fees as approved by the court Court, necessary costs, including
deposition expenses, subpoena fees, and expert witness fees, and interest at the
rate of 12 percent per annum on that portion of any award the payment of
which is contested.
Interest shall be computed from the date of the award of
the commissioner Commissioner.
* * *
Sec. 10.
21 V.S.A. § 655 is amended to read:
§ 655.
PROCEDURE
IN
OBTAINING
COMPENSATION;
MEDICAL
EXAMINATION; VIDEO AND AUDIO RECORDING
After an injury and during the period of disability, if so requested by his or
her employer, or ordered by the Commissioner, the employee shall submit to
examination, at reasonable times and places within a 50-mile radius of the
residence of the injured employee, by a duly licensed physician or surgeon
designated and paid by the employer.
The Commissioner may in his or her
discretion permit an examination outside the 50-mile radius if it is necessary to
obtain the services of a provider who specializes in the evaluation and
treatment specific to the nature and extent of the employee’s injury.
The
employee may make a video or audio recording of any examination performed
by the insurer’s physician or surgeon or have a licensed health care provider
designated and paid by the employee present at the examination.
The
employer may make an audio recording of the examination.
The right of the
employee to record the examination shall not be construed to deny to the
employer’s physician the right to visit the injured employee at all reasonable
times and under all reasonable conditions during total disability.
If an
employee refuses to submit to or in any way obstructs the examination, the
employee’s right to prosecute any proceeding under the provisions of this
chapter shall be suspended until the refusal or obstruction ceases, and
- 3508 -
compensation shall not be payable for the period which the refusal or
obstruction continues.
Sec. 11.
21 V.S.A. § 624 is amended to read:
§ 624.
DUAL LIABILITY; CLAIMS, SETTLEMENT PROCEDURE
* * *
(e)(1)
In an action to enforce the liability of a third party, the injured
employee may recover any amount which the employee or the employee’s
personal representative would be entitled to recover in a civil action.
Any
recovery against the third party for damages resulting from personal injuries or
death only, after deducting expenses of recovery, shall first reimburse the
employer or its workers’ compensation insurance carrier for any amounts paid
or payable under this chapter to date of recovery, and the balance shall
forthwith be paid to the employee or the employee’s dependents or personal
representative and shall be treated as an advance payment by the employer on
account of any future payment of compensation benefits.
Reimbursement
required under this subsection, except to prevent double recovery, shall not
reduce the employee’s recovery of any benefit or payment provided by a plan
or policy that was privately purchased by the injured employee, including
uninsured-under insured motorist coverage, or any other first party insurance
payments or benefits.
(2)
In an instance where the recovery amount is less than the full value
of the claim for personal injuries or death, the employer or its workers’
compensation insurance carrier shall be reimbursed less than the amount paid
or
payable
under this
chapter. Reimbursement
shall
be
limited
to
the
proportion which the recovery allowed in the previous subsection bears to the
total recovery for all damages. In determining the full value of the claim for
personal injuries or death, the Commissioner shall make that administrative
determination by considering the same evidence that a Superior Court would
consider in determining damages in a personal injury or wrongful death action,
or the Commissioner may order that the valuation of the claim be determined
by
a
single
arbitrator,
which
shall
be
adopted
as
a
decision
of
the
Commissioner. An appeal from the Commissioner’s decision shall be made
pursuant to section 670 of this title, except that the action shall be tried to the
presiding judge of the Superior Court.
* * *
Sec. 12.
21 V.S.A. § 663b is added to read:
§ 663b.
FRAUD
(a)
Claims of fraud submitted by an employer or insurance carrier shall be
investigated by the Commissioner, and the Commissioner shall make a
- 3509 -
decision on the claim within 30 days of receipt of the claim.
A party may
appeal the decision of the Commissioner.
(b)
An employee found to have committed fraud in order to receive
compensation under this chapter shall be ordered to repay all compensation
received.
The employer shall not be charged for these payments when the
employer’s experience rating is determined.
Sec. 13.
EFFECTIVE DATES
(a)
This section and Secs. 3, 4, and 9–12 shall take effect on passage.
(b)
Secs. 1, 2, and 5–8 shall take effect on July 1, 2014.
(For text see House Journal March 18, 19, 2014 )
Committee of Conference Report
S. 234
An act relating to Medicaid coverage for home telemonitoring services
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate Bill entitled:
S. 234
An act relating to Medicaid coverage for home telemonitoring
services
Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
33 V.S.A. § 1901g is added to read:
§ 1901g.
MEDICAID
COVERAGE
FOR
HOME
TELEMONITORING
SERVICES
(a)
The Agency of Human Services shall provide Medicaid coverage for
home telemonitoring services performed by home health agencies or other
qualified providers as defined by the Agency of Human Services for Medicaid
beneficiaries who have serious or chronic medical conditions that can result in
frequent
or
recurrent
hospitalizations
and
emergency
room
admissions.
Beginning on July 1, 2014, the Agency shall provide coverage for home
telemonitoring for one or more conditions or risk factors for which it
determines,
using
reliable
data,
that
home
telemonitoring
services
are
appropriate and that coverage will be budget-neutral.
The Agency may expand
coverage to include additional conditions or risk factors identified using
evidence-based best practices if the expanded coverage will remain budget-
- 3510 -
neutral or as funds become available.
(b)
A home health agency or other qualified provider shall ensure that
clinical information gathered by the home health agency or other qualified
provider while providing home telemonitoring services is shared with the
patient’s treating health care professionals.
The Agency of Human Services
may impose other reasonable requirements on the use of home telemonitoring
services.
(c)
As used in this section:
(1)
“Home health agency” means an entity that has received a certificate
of need from the State to provide home health services and is certified to
provide services pursuant to 42 U.S.C. § 1395x(o).
(2)
“Home telemonitoring service” means a health service that requires
scheduled
remote
monitoring
of
data
related
to
a
patient’s
health,
in
conjunction with a home health plan of care, and access to the data by a home
health agency or other qualified provider as defined by the Agency of Human
Services.
Sec. 2.
GRANT FUNDING
The Department of Vermont Health Access and home health agencies shall
seek to maximize opportunities for grant funding to offset start-up, equipment,
technology, maintenance, and other costs related to home telemonitoring in
order to minimize the expense to the Medicaid program.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
Rep. Christopher A. Pearson
Rep. Douglas Gage
Rep. Anne T. O'Brien
Committee on the part of the House
Sen. Anthony Pollina
Sen. Virginia V. Lyons
Sen. Claire D. Ayer
Committee on the part of the Senate
- 3511 -
NOTICE CALENDAR
Favorable with Amendment
H.R. 24
House resolution relating to legislative ethics
Rep. Deen of Westminster,
for the Committee on
Rules,
recommends the
resolution be amended by striking all after the list of sponsors and inserting in
lieu thereof the following:
Whereas, Ch. I, Art. 7 of the Constitution of the State of Vermont provides
“[t]hat government is, or ought to be, instituted for the common benefit,
protection, and security of the people, nation, or community, and not for the
particular emolument or advantage of any single person, family, or set of
persons, who are a part only of that community,” and
Whereas, Ch. II, § 12 of the Vermont Constitution provides that “[n]o
member of the General Assembly shall, directly or indirectly, receive any fee
or reward to bring forward or advocate any bill, petition, or other business to
be transacted in the Legislature,” and
Whereas, Ch. II, § 14 of the Vermont Constitution provides that the
members of the House of Representatives have the authority to judge the
qualifications of their own members, and
Whereas, in the Rules and Orders of the House of Representatives, House
Rule 75 provides that “[m]embers shall not be permitted to vote upon any
question in which they are immediately or directly interested,” but does not
provide further guidance as to the meaning of that provision, and
Whereas, House Rule 88 provides that questions of parliamentary procedure
not covered by House Rules shall be decided according to Mason’s Manual of
Legislative Procedure, and
Whereas, Mason’s Manual § 522.1 provides that “[i]t is the general rule that
no members can vote on a question in which they have a direct personal or
pecuniary interest” and that “[t]he right of members to represent their
constituencies is of such major importance that members should be barred
from voting on matters of direct personal interest only in clear cases and when
the matter is particularly personal,” and
Whereas, currently, there may be ambiguity as to what it means to be
“immediately or directly interested” in a question, and
Whereas, it is difficult for the House to judge whether it is appropriate for a
member to vote on a question without knowing the organizations to which
each member belongs and his or her employer, now therefore be it
- 3512 -
Resolved by the House of Representatives:
That this legislative body moves to add Rule 14a to the Rules and Orders of
the House of Representatives to read:
14a.
On or before the 10th day of the beginning of the biennium, each
member shall submit to the Clerk a disclosure form prepared by the Clerk.
The
form shall be signed by the member, be publicly available, and may be
updated.
The form shall set forth, to the best of the member’s ability, the
following information applicable as of the date of submission:
(a)
any boards, commissions, or other entities on which the member
serves; a description of that position; and, except in the case of legislative
appointments, whether the member receives any form of remuneration for that
position; and
(b)
the member’s employer or employers., and be it further
Resolved:
That this legislative body moves to add Rule 90a to the Rules
and Orders of the House of Representatives to read:
90a. (a)
The House Rules Committee shall, at the beginning of the
biennium or as soon as possible thereafter, establish an Ethics Panel with the
following powers and duties:
(1)
to advise individual members and provide training to all
members on ethical conduct, including compliance with Rule 75;
(2)
to receive and investigate complaints of alleged ethical
violations made against members of the House, except for those complaints
covered under Rule 90, and to recommend to the House any disciplinary action
against a member for an ethical violation, if the Panel deems it necessary; and
(3)
to recommend to the Rules Committee rules of the Panel for
subsequent adoption by the House.
(b)
The panel shall comprise five members of the House, not more
than three of whom shall be from the majority party, who shall serve until
successors are appointed.
The members shall elect a chair and adopt policies
and procedures to conduct their business.
(c)
Annually, on or before December 31, the Ethics Panel shall report
to the House the number of complaints filed, the disposition of those
complaints, and the number of member requests for ethical advice.
( Committee Vote: 7-0-0)
- 3513 -
Favorable
S. 308
An act relating to regulating precious metal dealers
Rep. Koch of Barre Town,
for the Committee on
Judiciary
, recommends
that the bill ought to pass in concurrence.
(Committee Vote: 11-0-0)
Rep. Wilson of Manchester,
for the Committee on
Ways and Means
,
recommends that the bill ought to pass in concurrence.
(Committee Vote: 9-0-2)
(For text see Senate Journal May 2, 2014 )
Senate Proposal of Amendment
H. 864
An act relating to capital construction and State bonding budget adjustment
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.
2013 Acts and Resolves No. 51, Sec. 2 is amended to read:
Sec. 2.
STATE BUILDINGS
* * *
(b)
The following sums are appropriated in FY 2014:
* * *
(15)
Renovation and replacement of state-owned assets, Tropical Storm
Irene:
* * *
(F)
A special committee consisting of the Joint Fiscal Committee and
the Chairs of the House Committee on Corrections and Institutions and the
Senate Committee on Institutions (“Special Committee”) is hereby established.
If there are any material changes to the planning or funding of the Waterbury
State Office Complex, the Special Committee shall meet to review and
approve these changes at the next regularly scheduled meeting of the Joint
Fiscal Committee or at an emergency meeting called by the Chairs of the
House Committee on Corrections and Institutions, the Senate Committee on
Institutions, and the Joint Fiscal Committee.
The Special Committee shall be
entitled to per diem and expenses as provided in 2 V.S.A. § 406.
(G)
The Commissioner of Buildings and General Services shall
notify the House Committee on Corrections and Institutions and the Senate
- 3514 -
Committee on Institutions at least monthly of updates to the planning process
for the projects described in this subdivision (b)(15), including any updates on
material changes to the planning or funding of the Waterbury State Office
Complex.
(H)
As used in this subdivision (b)(15), a “material change” means a
change to the planning or funding of the Waterbury State Office Complex that:
(i)
increases the total original project cost estimate by 10 five
percent or more; or
(ii)
constitutes a change in plan or design.
(I)
The Commissioner of Buildings and General Services, with the
approval
of
the
Secretary
of
Administration,
is
authorized
to
approve
additional contingency spending for the Waterbury State Office Complex of
less than five percent of the total original project cost estimate.
* * *
(c)
The following sums are appropriated in FY 2015:
* * *
(2)
Statewide, building reuse and planning:
$75,000.00
(3)
Statewide, contingency:
$100,000.00
(4)
Statewide, major maintenance:
$8,334,994.00 $8,369,994.00
(5)
Statewide, BGS engineering, project management, and architectural
project costs:
$2,982,132.00 $3,446,163.00
* * *
(11)
Montpelier,
capitol
district
heat
plant,
122
State
Street
supplemental funds:
$2,500,000.00
(12)
Agency of Agriculture, Food and Markets and Agency of Natural
Resources,
laboratory,
development
of
proposal
for
site
location,
programming, and design:
$300,000.00
(13)
Permanent secure residential facility, proposal for siting and design
(as described in Sec. 40 of this act):
$50,000.00
(14)
Vergennes, Weeks School, master plan (as described in Sec. 22 of
this act):
$30,000.00
(15)
State House, elevator upgrades and repair:
$180,000.00
(16)
Barre, 2 Spaulding Street and McFarland State Office Building,
retaining wall (as described in subsection (h) of this section):
$75,000.00
(17)
State House, security enhancements (as described in subsection (i)
- 3515 -
of this section):
$250,000.00
(18)
State House maintenance, and enhancements, upgrades, and
renovations
to
support
the
Senate,
as
approved
by
the
Committee
on
Committees:
$100,000.00
(d)
It is the intent of the General Assembly that the Commissioner of
Buildings and General Services may use up to $75,000.00 of the funds
appropriated in subdivision (b)(4) of this section for the purpose of funding
projects described in 2009 Acts and Resolves No. 43, Sec. 24(b), and in
Sec. 49 of this act.
It is also the intent of the General Assembly that the
Commissioner of Buildings and General Services may:
(1)
reallocate up to $300,000.00 of the funds appropriated in subdivision
(c)(4) of this section to subdivision (c)(2) of this section;
(2)
use up to $360,000.00 of the funds appropriated in subdivisions
(b)(5) and (c)(5) of this section for the purpose of funding four limited service
positions in the Department of Buildings and General Services created for
engineering-related work pursuant to the 2013 Acts and Resolves No. 50,
Sec. E.100(b)(1) (FY 2014 Appropriations Act); and
(3)
use up to $250,000.00 of the funds appropriated in subdivision (c)(5)
of this section for the purpose of supporting the Department of Buildings and
General Services in implementing a project management system.
* * *
(f)
It is the intent of the General Assembly that the amount appropriated in
subdivision (c)(2) of this section may be used for:
(1)
a long-term capital plan, as described in Sec. 27 of this act;
(2)
a budget and phased design plan for infrastructure improvements at
120 State Street in Montpelier; and
(3)
fostering and developing a ten-year capital program plan as required
(g)
It is the intent of the General Assembly that the amount appropriated
in subdivision (c)(11) of this section shall not exceed the cost of construction
in placing the capital district heat plant into service.
It is also the intent of the
General Assembly that any additional funds remaining after this construction
has
been
completed
shall
be
reallocated
to
the
FY
2016
Capital
Construction Act.
(h)(1)
It is the intent of the General Assembly that the amount appropriated
in subdivision (c)(16) of this section shall be used by the Commissioner of
Buildings and General Services to reimburse the landowner of the property
- 3516 -
located at 2 Spaulding Street in Barre once the landowner has completed the
following:
(A)
demolishes and removes the entire retaining wall that is located
on both the landowner’s property and on the State’s property;
(B)
demolishes and removes the house located on the landowner’s
property; and
(C)
excavates and grades the site located on both the landowner’s
property and on the State’s property.
(2) Notwithstanding 32 V.S.A. § 5, the Commissioner of Buildings and
General Services is authorized to use any remaining funds to compensate the
landowner if the landowner conveys the property located at 2 Spaulding Street
in Barre by warranty deed to the State of Vermont.
It is the intent of the
General Assembly that the Commissioner shall not compensate the landowner
for the conveyance unless the work described in subdivision (1) of this
subsection is complete.
(3)
It is also the intent of the General Assembly that any reimbursement
of
funds
for
work
described
in
subdivision
(1)
of
this
subsection
or
compensation
provided
to
the
landowner
for
the
conveyance
shall
be
transferred to the landowner on or before October 1, 2014.
(4)
It is also the intent of the General Assembly that any additional
funds remaining shall be reallocated to the FY 2016 Capital Construction Act.
(i)(1)
It is the intent of the General Assembly that the amount appropriated
in subdivision (c)(17) of this section shall be used by the Commissioner of
Buildings and General Services to:
(A)
install a necessary raceway system with supporting wiring for the
installation of a security system for the State House;
(B)
install an alert system in One Baldwin Street to notify employees
when an emergency alarm has been activated in the State House and when the
House and the Senate are convening; and
(C)
conduct trainings, assessments, and evaluations, as needed.
(2)
It is also the intent of the General Assembly that the Commissioner
of Buildings and General Services shall use the amount appropriated in
subdivision (c)(17) to reimburse the General Assembly for retaining consultant
services for trainings, assessments, and evaluations, as described in Sec. 26 of
this act.
Appropriation – FY 2014
$52,461,132.00
- 3517 -
Appropriation – FY 2015
$45,742,126.00 $49,726,157.00
Total Appropriation – Section 2
$98,203,258.00 $102,187,289.00
Sec. 2.
2013 Acts and Resolves No. 51, Sec. 4 is amended to read:
Sec. 4.
HUMAN SERVICES
* * *
(b)
The following sums are appropriated in FY 2015 to the Department of
Buildings and General Services for the Agency of Human Services for the
projects described in this subsection:
* * *
(3)
Correctional facilities, suicide abatement projects at Southern State
Correctional Facility and Southeast State Correctional Facility:
$200,000.00
(4)
State correctional facilities, security enhancements and cameras,
replacement for all facilities:
$250,000.00
(5)
Southern State Correctional Facility, installation of a new security
gate and security cage over camera, installation of gurney lift, and recreational
yard improvements:
$90,000.00
(6)
Northern State Correctional Facility, reconstruction of the kitchen
and serving line to improve safety and security and to expand kitchen space to
allow increased serving capacity:
$160,000.00
(7)
Woodside Juvenile
Rehabilitation
Center,
installation
of
new
security fencing to support program and provide a more secure setting:
$181,000.00
* * *
Appropriation – FY 2014
$5,200,00.00
Appropriation – FY 2015
$6,100,000.00 $6,981,000.00
Total Appropriation – Section 4
$11,300,000.00 $12,181,000.00
Sec. 3.
2013 Acts and Resolves No. 51, Sec. 5 is amended to read:
Sec. 5.
JUDICIARY
* * *
(c)
The sum of $40,000.00 is appropriated in FY 2015 to the Department of
Buildings and General Services on behalf of the Judiciary for the planning and
monitoring of the Caledonia courthouse wall stabilization and foundation
project currently under design.
(d)
The sum of $88,000.00 is appropriated in FY 2015 to the Judiciary and
directed to the Windsor County courthouse for funding ADA compliance, life
safety requirements, electrical device redundancy, and teledata components
- 3518 -
and wiring.
(e)
It is the intent of the General Assembly that any amounts appropriated
under this section shall not alter the Judiciary’s capital construction priority
list.
Appropriation – FY 2014
$1,000,000.00
Appropriation – FY 2015
$2,628,000.00
Total Appropriation – Section 5
$3,500,000.00 $3,628,000.00
Sec. 4.
2013 Acts and Resolves No. 51, Sec. 6 is amended to read:
Sec. 6.
COMMERCE AND COMMUNITY DEVELOPMENT
* * *
(c)
The following sum is appropriated in FY 2014 to the Department of
Buildings and General Services for the Battle of Cedar Creek and Winchester
Memorials, relocation design and replication, and placement of roadside
marker:
$25,000.00 $35,000.00
* * *
(e)
The following sums are appropriated in FY 2015 to the Agency of
Commerce and Community Development for the following projects:
* * *
(3)
Justin Morrill State site, Strafford, siding repair, stair modifications
to allow a second means of egress, and a conditions assessment:
$28,000.00
Appropriation – FY 2014
$440,000.00 $450,000.00
Appropriation – FY 2015
$250,000.00 $288,000.00
Total Appropriation – Section 6
$690,000.00 $728,000.00
Sec. 5.
2013 Acts and Resolves No. 51, Sec. 8 is amended to read:
Sec. 8.
EDUCATION
* * *
(b)
The sum of $10,411,446 $10, 354,690.00 is appropriated in FY 2015 to
the Agency of Education for funding the state State share of completed school
construction projects pursuant to 16 V.S.A. § 3448.
It is the intent of the
General Assembly that the funds appropriated in this subsection are committed
funds not subject to budget adjustment.
Appropriation – FY 2014
$6,704,634.00
Appropriation – FY 2015
$10,411,446.00 $10,354,690.00
Total Appropriation – Section 8
$17,116,080.00 $17,059,324.00
- 3519 -
Sec. 6.
2013 Acts and Resolves No. 51, Sec. 11 is amended to read:
Sec. 11.
NATURAL RESOURCES
* * *
(b)
The following sums are appropriated to the Agency of Natural
Resources in FY 2015 for:
(1)
the Water Pollution Control Fund for the following projects:
(A)
Clean
Water
State/EPA
Revolving
Loan
Fund
(CWSRF) match:
$700,000.00 $1,114,000.00
* * *
(2)
the Drinking Water Supply for the following projects:
* * *
(C)
EcoSystem restoration and protection:
$2,073,732.00 $2,573,732.00
(D)
Waterbury waste treatment facility for phosphorous removal:
$300,000.00
* * *
(4)(A)
the Agency of Natural Resources for the Department of Forests,
Parks and Recreation for statewide small scale rehabilitation, wastewater
repairs, preventive improvements and upgrades of restrooms and bathhouses,
and statewide small-scale road rehabilitation projects:
$2,000,000.00
(B)
the Agency of Natural Resources for the Department of Forests,
Parks and Recreation for the purchase of easements and trail improvements on
behalf of the Green Mountain Club:
$122,197.00
(5)
the Department of Fish and Wildlife for the following projects:
(A)
general infrastructure projects:
$1,000,000.00
(B)
Lake
Champlain
Walleye
Association,
Inc.
to
upgrade
and
repair
the
walleye
rearing,
restoration,
and
stocking
infrastructure:
$25,000.00
* * *
Appropriation – FY 2014
$13,772,550.00
Appropriation – FY 2015
$7,881,732.00 $9,242,929.00
Total Appropriation – Section 11
$21,654,282.00 $23,015,479.00
Sec. 7.
2013 Acts and Resolves No. 51, Sec. 12 is amended to read:
- 3520 -
Sec. 12.
MILITARY
(a)
The sum of $750,000.00 is appropriated in FY 2014 to the Department
of
Military
for
land
acquisition,
new
construction,
maintenance, ADA
compliance, and renovations at state armories.
To the extent feasible, these
funds shall be used to match federal funds.
(b)
The sum of $500,000.00 $550,000.00 is appropriated in FY 2015 for
the purpose described in subsection (a) of this section.
Appropriation – FY 2014
$750,000.00
Appropriation – FY 2015
$550,000.00
Total Appropriation – Section 12
$1,250,000.00 $1,300,000.00
Sec. 8.
2013 Acts and Resolves No. 51, Sec. 13 is amended to read:
Sec. 13.
PUBLIC SAFETY
* * *
(f)
The sum of $36,000.00 is appropriated in FY 2015 to the Department of
Public Safety to provide evidence storage units for the Vermont State Police to
acquire accreditation through the Commission on Accreditation for Law
Enforcement (CALEA) at existing barracks not yet renovated:
$36,000.00
(g)
The sum of $50,000.00 is appropriated in FY 2015 to the Department of
Buildings and General Services to contract with an independent third party to
develop,
in
consultation
with
all
interested
stakeholders,
an
operational
governance and planning model for the operation, financial integrity, and
maintenance of the Robert H. Wood Criminal Justice and Fire Service Training
Council in Pittsford.
As part of the development of the governance and
planning model, it is the intent of the General Assembly that the Commissioner
of Buildings and General Services reexamine any lease agreements entered
into pursuant to authority granted by 2008 Acts and Resolves No. 200, Sec.
32(e) and 2009 Acts and Resolves No. 43, Sec. 48 conveying land and mineral
rights located at the Robert H. Wood, Jr. Criminal Justice and Fire Service
Training Council.
On or before January 15, 2015, the Department of Buildings
and General Services shall submit this plan to the House Committee on
Corrections and
Institutions
and
the
Senate
Committee
on
Institutions:
$50,000.00
Appropriation – FY 2014
$3,600,000.00
Appropriation – FY 2015
$3,400,000.00 $3,486,000.00
Total Appropriation – Section 13
$7,000,000.00 $7,086,000.00
Sec. 9.
2013 Acts and Resolves No. 51, Sec. 17 is amended to read:
- 3521 -
Sec. 17.
VERMONT VETERANS’ HOME
* * *
(e)
The sum of $435,000.00 is appropriated in FY 2015 to the Department
of Buildings and General Services for the Vermont Veterans’ Home to be used
to match federal funds for kitchen renovations.
The amount appropriated in
this subsection shall be used in conjunction with the amount appropriated in
2011 Acts and Resolves No. 40, Sec. 19(b) to the Department of Buildings and
General Services for the Vermont Veterans’ Home to design an upgrade of the
kitchen and dietary storage areas to be code compliant and to improve the food
preparation and delivery systems.
Appropriation – FY 2014
$1,216,000.00
Appropriation – FY 2015
$435,000.00
Total Appropriation – Section 17
$1,216,000.00 $1,651,000.00
Sec. 10.
2013 Acts and Resolves No. 51, Sec. 18a is amended to read:
Sec. 18a.
ENHANCED 911 PROGRAM
* * *
(b)
The sum of $10,000.00 is appropriated in FY 2015 for the project
described in subsection (a) of this section.
[Repealed.]
* * *
Total Appropriation – Section 18a
$20,000.00 $10,000.00
Sec. 11.
2013 Acts and Resolves No. 51, Sec. 19 is amended to read:
Sec. 19.
REALLOCATION OF FUNDS; TRANSFER OF FUNDS
* * *
(e)
The following sums are reallocated to defray expenditures authorized in
this act:
(1)
of the amount appropriated in 1991 Acts and Resolves No. 93,
Sec. 11 (drinking water supply projects):
$5,062.78
(2)
of the amount appropriated in 2002 Acts and Resolves No. 149,
Sec. 15 (State’s Attorneys and Sheriffs, case management software system):
$54,877.31
(3)
of the amount appropriated in 2004 Acts and Resolves No. 121,
Sec. 10 (Fish and Wildlife, species recovery plan):
$82.63
(4)
of the amount appropriated in 2005 Acts and Resolves No. 43, Sec. 9
(State-owned dams, maintenance):
$0.19
(5)
of the amount appropriated in 2006 Acts and Resolves No.147,
- 3522 -
Sec. 10 (State-owned dams, maintenance):
$18,934.32
(6)
of the amount appropriated in 2006 Acts and Resolves No. 147,
Sec. 3 (Health and Public Safety Lab):
$985.58
(7)
of the amount appropriated in 2007 Acts and Resolves, No. 52,
Sec. 3 (Health and Public Safety Lab):
$93,006.05
(8)
of the amount appropriated in 2008 Acts and Resolves No. 200,
Sec. 3 (co-location of Health and Forensic Lab):
$13,163.00
(9)
of the amount appropriated in 2009 Acts and Resolves No. 43,
Sec. 1 (State buildings, major maintenance and various projects): $24,914.89
(10)
of the amount appropriated in 2009 Acts and Resolves No. 43,
Sec. 9 (Fish hatcheries, biosecurity):
$38.27
(11)
of the amount appropriated in 2009 Acts and Resolves No. 43,
Sec. 9 (Montpelier flood control):
$42,273.30
(12)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 1 (Statewide, major maintenance):
$11,656.44
(13)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 1 (Waterbury, State office complex, fire alarm panels and door holders):
$38,590.72
(14)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec.
1
(Bennington
State
Office
Building,
geothermal
energy
project):
$96,277.59
(15)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 8 (Austine School, Holton Hall, renovations):
$11,962.03
(16)
of the amount appropriated in 2009 Acts and Resolves No. 43,
Sec. 9 (Ecosystem restoration and protection):
$7,000.00
(17)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 12 (Lamprey Control Project):
$0.40
(18)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 12 (Montpelier flood control):
$175,201.00
(19)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 12 (Water pollution control projects):
$0.01
(20)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 14 (Waterbury, Public Safety headquarters, repairs):
$11,757.61
(21)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 26 (Springfield, municipal water system):
$200,000.00
- 3523 -
(22)
of the amount appropriated in 2010 Acts and Resolves No. 161,
Sec. 20 (Center for Crime Victim Services):
$344.31
(23)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (Statewide buildings, reuse and planning):
$32,497.59
(24)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (Statewide buildings, statewide contingency):
$1,473.51
(25)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (Statewide buildings, major maintenance):
$53,676.67
(26)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (State buildings, 120 State Street, restroom renovations):
$1,960.39
(27)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2
(State
buildings,
St.
Albans,
Northwest
Correctional
Facility,
maintenance shop):
$5,360.00
(28)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (State buildings, statewide, engineering and architectural costs):
$95,639.98
(29)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 12 (ecosystem restoration and protection):
$12,468.06
(30)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 12 (Department of Forest, Parks, and Recreation, projects):
$64.47
(31)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 20 (Center for Crime Victim Services):
$4,270.00
(32)
of the amount appropriated in 2011 Acts and Resolves No. 40,
Sec. 2 (State House committee rooms):
$7,337.97
(33)
of the amount appropriated in 2012 Acts and Resolves No. 104,
Sec. 7 (Regional economic development grants):
$2,000.00
(34)
of the amount appropriated in 2012 Acts and Resolves No. 104,
Sec. 9 (Review of Vermont State Police facilities):
30,602.86
Total Reallocations and Transfers – Section 19 $5,728,049.74 $6,781,529.67
Sec. 12.
2013 Acts and Resolves No. 51, Sec. 20 is amended to read:
Sec. 20.
GENERAL OBLIGATION BONDS AND APPROPRIATIONS
* * *
(c)
The State Treasurer is authorized to issue additional general obligation
bonds in the amount of $5,842,992.21 that were previously authorized but
unissued under 2013 Acts and Resolves No. 51, Sec. 20(a) for FY 2014 for the
- 3524 -
purpose of funding the appropriations of this act.
Total Revenues – Section 20
$167,503,320.00 $173,346,312.21
Sec. 13.
2013 Acts and Resolves No. 51, Sec. 21 is amended to read:
Sec. 21.
SALE OF BUILDING 617 IN ESSEX; USE OF PROCEEDS
The proceeds from the sale of Building 617 in Essex shall be allocated to
the Department of Buildings and General Services and used to defray FY 2014
expenditures in Sec. 2 of this act.
To the extent such use of proceeds results in
a like amount of general obligation bonds authorized in Sec. 20 of this act for
Sec. 2 to remain unissued at the end of FY 2014, then such unissued amount of
bonds shall remain authorized to be issued in FY 2015 to provide additional
funding for the Waterbury State Office Complex and such amount shall be
appropriated in FY 2015 to Sec. 2(c)(10) of this act.
* * * Policy * * *
* * * Buildings and General Services * * *
Sec. 14.
2012 Acts and Resolves No. 104, Sec. 1(a) is amended to read:
(a)
Damage to state-owned State-owned assets and infrastructure caused by
Tropical Storm Irene on August 28, 2012 2011 made necessary some of the
reallocations and appropriations contained in this act.
Sec.
15.
ART
IN
STATE
BUILDINGS
PROGRAM;
REVIEW
OF
GUIDELINES AND PROCEDURES
(a)
The Commissioner of Buildings and General Services and the Vermont
Council on the Arts, Inc. shall evaluate the effectiveness of the current
guidelines and procedures for the Art in State Buildings Program, including the
use of program terms and whether modified or new guidelines or procedures
are required.
(b)
On or before January 15, 2015, the Commissioner of Buildings and
General Services and the Vermont Council on the Arts, Inc. shall report to the
House Committee on Corrections and Institutions and the Senate Committee
on Institutions with the results of the evaluation described in subsection (a) of
this section.
Sec. 16.
2012 Acts and Resolves No. 104, Sec. 2(f) is amended to read:
(f)(1)
Option B of the of the Freeman, French, Freeman report published on
March 9, 2012 aligns closely with the general assembly’s General Assembly’s
vision for the Waterbury Complex.
However, the general assembly General
Assembly believes that Option B could be modified to achieve a cost savings
to Vermonters.
On or before June 1, 2012, the department of buildings and
- 3525 -
general services Department of Buildings and General Services shall present a
modified design proposal, including proposals under subdivision (4) of this
subsection (f) to the house committee on corrections and institutions House
Committee
on
Corrections
and
Institutions,
the senate
committee
on
institutions Senate Committee on Institutions, and the special committee
Special Committee described in this subsection.
* * *
(4)
The commissioner of buildings and general services Commissioner
of Buildings and General Services is authorized to take certain actions before
formal
approval
of
the
design.
Therefore,
notwithstanding
29 V.S.A.
§ 152(a)(6), 165, or 166 or any other provision of law, in addition to producing
a design, permitting, and applying for federal aid, upon passage of this act, the
commissioner of buildings and general services Commissioner of Buildings
and General Services may:
(A)
lease, sell, lease purchase, subdivide, redevelop for State use, or
donate the following buildings within the Waterbury Complex in their current
condition: Stanley and Wasson, 121 South Main Street, 123 South Main Street,
5 Park Row, 43 Randall Street, and their improvements.
* * *
Sec. 17.
2011 Acts and Resolves No. 40, Sec. 26(c) is amended to read:
(c)
The commissioner of buildings and general services is authorized to sell
the Vermont health laboratory at 195 Colchester Avenue in Burlington
pursuant to 29 V.S.A. § 166.
The Commissioner of Buildings and General
Services is authorized to do any or all of the following with respect to the
Vermont health laboratory located at 195 Colchester Avenue in Burlington:
(1)
investigate all potential uses of the land and building, including
redeveloping the land, provided that it is consistent with existing deed
covenants; and
(2)
enter into agreements and execute any necessary documentation to
release or extinguish any of the existing deed covenants.
Sec. 18.
REPEAL; USE AND DEVELOPMENT OF STATE FACILITIES
AND LAND; SPRINGFIELD CORRECTIONAL FACILITY
2010 Acts and Resolves No. 161, Sec. 26(c)(2)(improvements and upgrades
to the municipal water system at the Springfield Correctional Facility) is
repealed.
Sec. 19.
2013 Acts and Resolves No. 51, Sec. 25 is amended to read:
Sec. 25.
BATTLE OF CEDAR CREEK AND WINCHESTER
MEMORIALS
- 3526 -
(a)
The Commissioner of Buildings and General Services is authorized to
use the appropriation in Sec. 6(c)(1) of this act for capital expenses associated
with the placement of a Vermont historical roadside marker at the Cedar Creek
Battlefield in Virginia, and the relocation design and replication of the Battle
of Winchester Memorial to at its original location on the Third Winchester
Battlefield in Virginia, and.
The Department of Buildings and General
Services, or its agent, shall supervise the installation of the roadside marker
and the Memorial.
(b)
The Commissioner of Buildings and General Services is further
authorized to use the appropriation in Sec. 6(c)(1) of this act for capital
expenses associated with the completion of the projects described in subsection
(a) of this section for reimbursement to the Civil War Trust, the State of
Virginia, and the United States Veterans Administration for any capital
expenses associated with the completion of these projects, the Cedar Creek
Battlefield Foundation, and any other entity engaged by the Department of
Buildings and General Services to assist with the roadside marker or the
Memorial.
(c)
As used in this section, Capital capital expenses associated with the
placement of the roadside marker or the relocation replication of the Memorial
may include site acquisition, planning, design, transportation of the Memorial,
and any other reasonably related costs.
Sec. 20.
SALISBURY CHURCH
The General Assembly finds that the former parsonage and land located at
1941 West Shore Road in the Town of Salisbury, and described in the warranty
deed dated December 8, 1980 between Alan S. Farwell and the Salisbury
Congregational United Church of Christ, has little or no value to the State of
Vermont, and would require additional operational funds to maintain or sell.
Therefore, notwithstanding 32 V.S.A. § 5, the General Assembly:
(1)
disclaims any existing or future interest in the former parsonage and
land located at 1941 West Shore Road in the Town of Salisbury; and
(2)
authorizes the Commissioner of Buildings and General Services to
execute a quitclaim deed to transfer any existing or future interest in the former
parsonage and land located at 1941 West Shore Road in the Town of Salisbury
to the Salisbury Congregational United Church of Christ.
Sec. 21.
2009 Acts and Resolves No. 43, Sec. 25 is amended to read:
Sec. 25.
PROPERTY TRANSACTIONS; MISCELLANEOUS
* * *
(e)
Pursuant to 29 V.S.A. § 166(b), the commissioner of buildings and
- 3527 -
general services is authorized to subdivide land at the former Weeks school in
Vergennes in order to sell the Arsenal and Fairbanks buildings.
The
commissioner may use proceeds from the sale to enhance the value of the
remaining former Weeks school property.
[Repealed.]
* * *
Sec. 22.
WEEKS SCHOOL; VERGENNES; MASTER PLAN
(a)
The Commissioner of Buildings and General Services shall contract
with an independent third party to develop a master plan for the former Weeks
School property located in the City of Vergennes and the Town of Ferrisburgh.
In developing the master plan, the independent third party shall consult with
the
City
of
Vergennes,
the
Town
of
Ferrisburgh,
local
and
regional
organizations, and affected State agencies and landowners.
The master plan
shall include an evaluation of whether the property may be subdivided and
sold, and for what purposes it may be used.
(b)
On or before January 15, 2015, the Commissioner of Buildings and
General Services shall provide an update on the plan described in subsection
(a) of this section to the House Committee on Corrections and Institutions and
the Senate Committee on Institutions.
Sec. 23.
29 V.S.A. § 157 is amended to read:
§ 157.
FACILITIES CONDITION ANALYSIS
(a)
The Commissioner of Buildings and General Services shall:
* * *
(2)
conduct a facilities condition analysis each year of 20 ten percent of
the building area and infrastructure under the Commissioner’s jurisdiction so
that within five ten years all property is assessed.
At the end of the five ten
years, the process shall begin again.
The analysis conducted pursuant to this
subsection shall include the thermal envelope of buildings and a report on the
annual
energy
consumption
and
energy
costs
and
recommendations
for
reducing energy consumption.
(b)
The Commissioner may use up to two percent of the funds appropriated
to the Department of Buildings and General Services for major maintenance
and planning for the purpose described in subsection (a) of this section.
Sec. 24.
FACILITIES CONDITIONS ANALYSIS; USE OF FY 2015
FUNDS
The Commissioner of Buildings and General Services may use the funds
appropriated to the Department of Buildings and General Services for major
maintenance and planning and allocated to conducting a facilities conditions
analysis under 29 V.S.A. § 157(b) for Sec. 27(a)(2) of this act.
- 3528 -
Sec. 25.
DEDICATION OF SENATOR SALLY FOX CONFERENCE
AREA IN THE WATERBURY STATE OFFICE COMPLEX
(a)
Purposes.
It is the intent of the General Assembly to honor the work of
the
late
Senator
Sally
Fox,
who
served
in
the
Vermont
House
of
Representatives from 1986 to 2000 and in the Vermont Senate from 2010 to
2014.
She spent her entire career working on human services policy issues and
was widely recognized as one of Vermont’s leading advocates for the clients of
the Agency of Human Services.
(b)
Dedication.
In acknowledgement of Senator Fox’s years of public
service to the State of Vermont and the countless hours she dedicated to
working on human services policy in the former Waterbury State Office
Complex, the Commissioner of Buildings and General Services and the
Secretary of Human Services shall name one of the main conference areas or
conference rooms at the new office space of the Agency of Human Services in
the Waterbury State Office Complex in the name of Senator Fox.
* * * Security * * *
Sec. 26.
CAPITOL COMPLEX SECURITY; WORKING GROUP;
REVIEW
(a)
Creation.
There is created a working group for the purpose of assessing
security in the Capitol Complex.
The Working Group may authorize or retain
consultant services to conduct a review and prepare a report on security in the
Capitol Complex, including reviewing current security arrangements and
governance options, and identifying possible security enhancements.
Any
consultants retained pursuant to this subsection shall work through the Joint
Fiscal Office under the direction of the Chair of the Working Group.
(b)
Membership.
(1)
The Working Group shall be composed of the following members:
(A)
the Lieutenant Governor;
(B)
the
Commissioner
of
Buildings
and
General
Services
or
designee;
(C)
a representative of the Capitol Police;
(D)
the
Chairs
of
the
House
Committee
on
Corrections
and
Institutions and the Senate Committee on Institutions;
(E)
the Sergeant at Arms; and
(F)
the Court Administrator or designee.
(2)
The Lieutenant Governor shall be the Chair of the Working Group
- 3529 -
and shall convene meetings.
(3)
The Working Group shall have the assistance of the staff of the
Office of Legislative Council and the Joint Fiscal Office.
(4)
The Joint Fiscal Office, in consultation with the Speaker of the
House and the Committee on Committees, shall hire one or more consultants to
undertake the security review authorized by this section.
(c)
Funding.
The working group is authorized to use funds appropriated in
Sec. 1(c)(17) of this act to retain consultant services pursuant to subsection (a)
of this section.
It is the intent of the General Assembly that any remaining
funds shall be reallocated to the FY 2016 Capital Construction Act for the
purpose of implementing the recommendations contained in the security
report.
Any remaining funds shall only be appropriated to implement a
recommendation with authorization of the General Assembly.
* * * Capital Planning and Finance * * *
Sec. 27.
LONG-TERM CAPITAL PLAN
(a)
The Commissioner of Buildings and General Services is authorized to
use funds appropriated in 2013 Acts and Resolves No. 51, Sec. 2(c)(2) to
develop a long-term capital plan for space utilization in the Capitol Complex
and in State-owned and leased buildings in surrounding areas.
The plan shall
include:
(1)
an evaluation of the full and efficient occupancy of State-owned and
leased buildings;
(2)
a facilities conditions analysis of up to ten percent of the total
building square footage within the Capitol Complex, as may be required; and
(3)
an evaluation of the space needs of the State Auditor.
(b)
The Commissioner of Buildings and General Services shall present the
results of the long-term capital plan described in subsection (a) of this section
as part of the ten-year capital plan required by 32 V.S.A. § 701a.
Sec. 28.
32 V.S.A. § 701a(d) is amended to read:
(d)
On or before October January 15, each entity to which spending
authority has been authorized by a capital construction act enacted in a
legislative session that was two or more years prior to the current legislative
session shall submit to the Department of Buildings and General Services
House Committee on Corrections and Institutions and the Senate Committee
on Institutions a report on the status current fund balances of each authorized
project with unexpended funds.
The report shall follow the form provided by
the Department of Buildings and General Services and shall include details
- 3530 -
regarding how much of the appropriation has been spent, how much of the
appropriation is unencumbered, actual progress in meeting the goals of the
project, and any impediments to completing the project on time and on budget.
The Department may request additional or clarifying information regarding
each project.
On or before January 15, the Department shall present the
information collected to the House Committee on Corrections and Institutions
and the Senate Committee on Institutions.
Sec. 29.
CAPITAL PLANNING CAPABILITIES
(a)
The
Commissioner
of
Buildings
and
General
Services
and
the
Commissioner of Finance and Management, in consultation with the Joint
Fiscal Office, shall evaluate options for the State’s capital planning capabilities
in order to improve transparency and accountability for authorized capital
construction projects and opportunities to develop a long-term statewide
capital planning application in accordance with 32 V.S.A. § 701a.
(b)
On or before January 15, 2015, the Commissioner of Buildings and
General Services shall present the results of the evaluation described in
subsection (a) of this section to the House Committee on Corrections and
Institutions and the Senate Committee on Institutions.
Sec. 30.
FIT-UP COSTS; DEFINITION AND PROCEDURES
On or before July 15, 2014, the Commissioner of Buildings and General
Services shall develop and implement procedures for defining and allocating
responsibility for fit-up costs in future construction of State-owned buildings
and leased space.
* * * Administration * * *
Sec. 31.
3 V.S.A. § 2293(b) is amended to read:
(b)
Development Cabinet.
A Development Cabinet is created, to consist of
the Secretaries of the Agencies of Administration, of Natural Resources, of
Commerce and Community Affairs, of Transportation, and of Agriculture,
Food and Markets, of Commerce and Community Development, of Education,
of Natural Resources, and of Transportation.
The Governor or the Governor’s
designee shall chair the Development Cabinet.
The Development Cabinet shall
advise the Governor on how best to implement the purposes of this section,
and shall recommend changes as appropriate to improve implementation of
those purposes.
The Development Cabinet may establish interagency work
groups to support its mission, drawing membership from any agency or
department of State government.
Any interagency work groups established
under this subsection shall evaluate, test the feasibility of, and suggest
alternatives to economic development proposals, including proposals for
- 3531 -
public-private
partnerships,
submitted
to
them
for
consideration.
The
Development Cabinet shall refer to appropriate interagency workgroups any
economic development proposal that has a significant impact on the inventory
or use of State land or buildings.
* * * Agency of Agriculture, Food and Markets * * *
Sec. 32.
24 V.S.A. § 5608 is added to read:
§ 5608.
AGRICULTURAL
FAIRS
AND
FIELD
DAYS
CAPITAL
PROJECTS COMPETITIVE GRANTS PROGRAM
(a)
Grant guidelines.
The following guidelines shall apply to capital grants
made for Vermont agricultural fairs and field days projects pursuant to this
section:
(1)
Grants shall be competitively awarded to capital projects that relate
to Vermont agricultural fairs and field days operating a minimum of three
consecutive, eight-hour days per year.
(2)
A project for which a grant is awarded shall have a minimum useful
life of 20 years and shall be completed within two years of the execution of a
contract to perform work authorized by the grant.
(3)
A grant recipient shall contribute matching funds or in-kind services
in an amount equal to 15 percent or more of the value of the grant.
(b)
There is established an Agricultural Fairs and Field Days Capital
Program Advisory Committee to administer and coordinate grants made
pursuant to this section.
The Committee shall include:
(1)
two members appointed by the Secretary of Agriculture, Food and
Markets;
(2)
one member appointed by the Commissioner of Forests, Parks and
Recreation;
(3)
two members appointed by the Vermont Fair and Field Days
Association;
(4)
one member appointed by the Vermont Department of Tourism and
Marketing;
(5)
one member of the Vermont Senate appointed by the Committee on
Committees; and
(6)
one member of the Vermont House of Representatives appointed by
the Speaker of the House.
(c)
Administration.
- 3532 -
(1)
The Advisory Committee created in subsection (b) of this section
shall have the authority to award grants in its sole discretion; provided,
however, that the Committee may consider whether to award partial awards to
all applicants that meet Program criteria established by the Committee.
(2)
The Agency of Agriculture, Food and Markets shall provide
administrative
and
technical
support
to
the
Committee
for
purposes
of
administering grants awarded under this section.
* * * Agency of Agriculture, Food and Markets and
Agency of Natural Resources * * *
Sec. 33.
LABORATORY; PROPOSAL
(a)
On or before August 15, 2014, the Department of Buildings and
General Services, the Agency of Agriculture, Food and Markets, and the
Agency of Natural Resources shall submit a site location proposal for a shared
laboratory to the House Committee on Corrections and Institutions and the
Senate Committee on Institutions.
It is the intent of the General Assembly that
when evaluating site locations, preference shall be given to State-owned
property.
(b)
With approval of the Speaker of the House and the President Pro
Tempore, as appropriate, the House Committee on Corrections and Institutions
and the Senate Committee on Institutions may meet up to one time when the
General Assembly is not in session to evaluate the proposal described in
subsection (a) of this section and make a recommendation on the site location
to the Joint Fiscal Committee.
The Committees shall notify the Commissioner
of Buildings and General Services, the Secretary of Agriculture, Food and
Markets, and the Secretary of Natural Resources prior to holding a meeting
pursuant to this subsection.
Committee members shall be entitled to receive a
per diem and expenses as provided in 2 V.S.A. § 406.
(c)
The Joint Fiscal Committee shall review the recommendation of the
Committees described in subsection (b) of this section at its September 2014
meeting.
If the Joint Fiscal Committee so determines, it shall approve the
proposal as recommended by the Committees.
(d)
On or before December 1, 2014, the Department of Buildings and
General Services, in consultation with the Agency of Agriculture, Food and
Markets and the Agency of Natural Resources, shall develop a detailed
proposal on the site location recommended by the Committees if approved by
the Joint Fiscal Committee.
The proposal shall include programming, size,
design, and preliminary cost estimates for a shared laboratory.
The proposal
shall also include an evaluation of the current Agency of Agriculture, Food and
Markets and the Agency of Natural Resources programs located in the leased
- 3533 -
space at 322 Industrial Lane in Berlin.
The Department of Buildings and
General Services is authorized to use funds appropriated in 2013 Acts and
Resolves No. 51, Sec. 2, as amended by Sec. 1 of this act, for any costs
associated with the proposal.
(e)
The Commissioner of Buildings and General Services shall notify the
House Committee on Corrections and Institutions and the Senate Committee
on Institutions at least monthly of updates on the proposals described in
subsections (a) and (d) of this section.
* * * Education * * *
Sec. 34.
ENHANCED 911 PROGRAM; IMPLEMENTATION IN
SCHOOL DISTRICTS
(a)
The Enhanced 911 Board, in consultation with the Agency
of
Education, shall conduct a Statewide assessment in each school district to
determine the needs for compliance with the Enhanced 911 Program.
(b)
On or before January 15, 2015, the Enhanced 911 Board shall report the
results of the assessment described in subsection (a) of this section to the
House Committee on Corrections and Institutions and the Senate Committee
on Institutions.
* * * Human Services * * *
Sec. 35.
2013 Acts and Resolves No. 51, Sec. 40 is amended to read:
Sec. 40.
SECURE RESIDENTIAL FACILITY
Pursuant to the Level 1 Psychiatric Care Evaluation required by the Fiscal
Year fiscal year 2014 Appropriations Act, Sec. E.314.2, the Commissioner of
Buildings and General Services, in consultation with the Commissioners of
Mental Health and Corrections, shall develop a proposal to establish a
permanent secure residential facility no later than January 15, 2015.
Sec. 36.
VERMONT PSYCHIATRIC CARE
HOSPITAL; CERTIFICATE
OF NEED; FEDERAL MATCH
The Commissioner of Buildings and General Services is authorized to
transfer the sum of $447,928.05 from the amount authorized in 2013 Acts and
Resolves No. 51, Sec. 2(b)(15)(A) to the Agency of Human Services if State
funding is required to match federal funds for eligible project costs required
under the Certificate of Need for the Vermont Psychiatric Care Hospital.
* * * Judiciary * * *
Sec. 37.
COUNTY COURTHOUSES; PLAN
(a)
Pursuant to the restructuring of the Judiciary in 2009 Acts and Resolves
- 3534 -
No. 154, the Court Administrator and the Commissioner of Buildings and
General Services shall evaluate the scope of the State’s responsibility for
maintaining county courthouses, including Americans with Disabilities Act
(ADA)
compliance
and
whether
an
emergency
fund is
necessary
for
construction or renovation projects at county courthouses.
(b)
On or before January 15, 2015, the Judiciary shall report to the House
Committee on Corrections and Institutions and the Senate Committee on
Institutions with the results of the evaluation.
* * * Public Safety * * *
Sec. 38.
2013 Acts and Resolves No. 51, Sec. 48 is amended to read:
Sec. 48.
PUBLIC SAFETY FIELD STATION PROJECT
The Department of Buildings and General Services, in consultation with the
Department of Public Safety, is authorized to use appropriations in Sec. 13 of
this act to conduct feasibility studies, and identify and purchase land for future
public safety field station sites.
If the Department of Buildings and General
Services proposes to purchase property when the General Assembly is not in
session, the Commissioner of Buildings and General Services shall notify the
Chairs of the House Committee on Corrections and Institutions and the Senate
Committee on Institutions of the proposal.
In the event that land is identified
for Troop B of the Vermont State Police, then the Department of Public Safety
shall hold public meetings in the affected communities for public input on the
proposal.
The Department of Public Safety shall notify the House Committee
on Corrections and Institutions and the Senate Committee on Institutions on
the results of the meeting when the General Assembly is in session, and the
Chairs of the House Committee on Corrections and Institutions and the Senate
Committee on Institutions when the General Assembly is not in session.
The
General
Assembly
encourages
the
affected
communities
to
contact
the
Department of Public Safety to review any proposals as they develop.
Sec. 39.
VERMONT STATE POLICE; SALE OF WEST BRATTLEBORO
AND ROCKINGHAM BARRACKS
The Commissioner of Buildings and General Services is authorized to sell
the West Brattleboro Troop Headquarters in the Town of West Brattleboro and
the Rockingham Troop Headquarters in the Town of Rockingham.
The net
proceeds of any sale shall be reallocated to the Department of Public Safety for
the purposes described in 2013 Acts and Resolves No. 51, Sec. 13(d).
* * * Energy Use on State Properties * * *
Sec. 40.
ENERGY EFFICIENCY; STATE LEASES
The Commissioner of Buildings and General Services shall develop a set of
- 3535 -
criteria and guidelines to evaluate and, where appropriate, incorporate the use
of energy efficiency measures, thermal energy conservation measures, and
renewable energy resources in buildings and facilities leased by the State.
Sec. 41.
29 V.S.A. § 168 is amended to read:
§
168.
STATE RESOURCE ENERGY MANAGEMENT
PROGRAM;
REVOLVING FUNDS
(a)
Resource State energy management program.
The
(1)
There is established within the Department shall be responsible of
Buildings and
General
Services
an
Energy
Management
Program for
administering the interest of the State in all resource conservation energy
management measures in State buildings and facilities, including equipment
replacement,
studies,
weatherization, and construction
of
improvements
affecting the use of energy resources, the implementation of energy efficiency
and conservation measures, and the use of renewable resources.
(2)
The Energy Management Program shall be implemented through
two revolving funds used to finance energy management measures in State
buildings and facilities.
Pursuant to subsections (b) and (c) of this section, the
State
Resource
Management
Revolving
Fund
shall
provide
revenue
for
implementation of resource conservation measures, and the Energy Revolving
Fund shall provide funding for energy efficiency improvements and the use of
renewable resources.
The Commissioner of Buildings and General Services
shall establish guidelines for the provision of funding for energy management
measures through these revolving funds.
(3)
All resource conservation energy management measures taken for
the benefit of departments or agencies to which this section applies pursuant to
this section shall, beginning on July 1, 2004, be made and executed by and in
the name of the Commissioner.
(b)
State Resource Management Revolving Fund.
(1)
There is established a Resource Management Revolving Fund to
provide
revenue
for
implementation
of
resource
conservation
measures
anticipated to generate a life cycle cost benefit to the State.
All State agencies
responsible
for
development
and
operations
and
maintenance
of
State
infrastructure shall have access to the Resource Management Revolving Fund
on a priority basis established by the Commissioner.
(2)
The Fund shall consist of:
(A)
Monies monies appropriated to the Fund, or which are paid to it
under authorization of the Emergency Board.;
- 3536 -
(B)
Monies monies saved by the implementation of resource
management conservation measures.; and
(C)
Fees fees for administrative costs paid by departments and
agencies, which shall be fixed by the Commissioner subject to the approval of
the Secretary of Administration.
(D)
[Deleted.]
[Repealed.]
(3)
Monies from the Fund shall be expended by the Commissioner for
resource conservation measures anticipated to generate a life cycle cost benefit
to the State and all necessary costs involved with the administration of State
agency energy planning as determined by the Commissioner.
(4)
The Commissioner shall establish criteria to determine eligibility for
funding of resource conservation measures.
(5)
Agencies or departments receiving funding shall repay the Fund
through their regular operating budgets according to a schedule established by
the Commissioner.
Repayment shall include charges of fees for administrative
costs over the term of the repayment.
(6)
The Commissioner of Finance and Management may anticipate
receipts to this Fund and issue warrants based thereon.
(7)
The Commissioner of Buildings and General Services shall maintain
accurate and complete records of all receipts by and expenditures from the
Fund.
(8)
All balances remaining at the end of a fiscal year shall be carried
over to the following year.
(c)
Energy Revolving Fund.
(1)
There is established an Energy Revolving Fund to finance energy
efficiency improvements and the use of renewable resources in State buildings
and facilities anticipated to generate a cost-savings to the State.
State agencies
and departments shall have access to the Energy Revolving Fund on a priority
basis established by the Commissioner and the State Treasurer.
(2)
The Fund shall consist of:
(A)
monies appropriated to the Fund or which are paid to it under
authorization of the Emergency Board;
(B)
monies saved by the implementation of energy efficiency
improvements and the use of renewable resources;
(C)
any funds available through a credit facility maintained by the
State Treasurer in accordance with subsection (d) of this section; and
- 3537 -
(D)
fees for administrative costs paid by departments and agencies,
which shall be fixed by the Commissioner subject to the approval of the
Secretary of Administration.
(3)
Monies from the Fund shall be expended by the Commissioner for
measures anticipated to generate a cost-savings to the State and costs involved
with the administration of the State agency energy plan as determined by the
Commissioner.
(4)
The Commissioner and the State Treasurer shall establish criteria to
determine eligibility for funding of energy efficiency improvements and the
use of
renewable
resources,
including
returns
of
investment
on
terms
acceptable to the State Treasurer.
(5)
Agencies and departments receiving funding shall repay the Fund
through their regular operating budget according to a schedule established by
the Commissioner.
Repayment shall include charges of fees for administrative
costs over the term of the repayment.
(6)
The Commissioner of Finance and Management may anticipate
receipts to this Fund and issue warrants based thereon.
(7)
The Commissioner of Buildings and General Services shall maintain
accurate and complete records of all receipts by and expenditures from the
Fund.
(8)
All balances remaining at the end of a fiscal year shall be carried
over to the following year; provided, however, that any amounts received in
repayment of the credit facility established under subsection (d) of this section
may be reinvested by the State Treasurer.
(d)
Notwithstanding any other provision of law to the contrary, the State
Treasurer, working in collaboration with the Department of Buildings and
General Services, shall have the authority to establish a credit facility of up to
$8,000,000.00, on terms acceptable to the State Treasurer.
The credit facility
shall be used for the purpose of financing energy efficiency improvements and
the use of renewable resources anticipated to generate a cost-savings to the
State.
(e)
As used in this section:
(1)
“Energy efficiency improvement” shall mean a set of measures
aimed at reducing the energy used by specific end-use devices and systems to
provide light, heat, cooling, or other services without affecting the level of
service provided.
An energy efficiency project may also include energy
conservation measures; that is, a reduction in energy consumption that
corresponds with a reduction in service demand.
- 3538 -
(2)
“Renewables” shall have the same meaning as under 30 V.S.A.
(3)
“Resource conservation measures” shall mean a set of measures,
including a study, product, process, or technology, aimed at reducing overall
use or consumption of energy resources in State buildings or facilities.
“Resource
conservation
measures”
shall
include
energy
efficiency
improvements.
(f)
Beginning on or before January 15, 2015 and annually thereafter, the
Department of Buildings and General Service shall report to the Senate
Committee on Institutions and the House Committee on Corrections and
Institutions on the expenditure of funds from the State Resource Management
Revolving Fund for resource conservation measures and the Energy Revolving
Fund for energy efficiency improvements and the use of renewable resources.
For each fiscal year, the report shall include a summary of each project
receiving funding and the State’s expected savings.
* * * Effective Date * * *
Sec. 42.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal February 26, 2014 )
S. 28
An act relating to gender-neutral nomenclature for the identification of
parents on birth certificates
The Senate concurs in the House proposal of amendment thereto as follows:
By striking out Sec. 5 (adoption; new birth certificate) in its entirety.
And by renumbering the remaining sections to be numerically correct.
(For House Proposal of Amendment see House Journal May 5, 2014
Page 1884)
S. 221
An act relating to providing statutory purposes for tax expenditures
The Senate concurs in the House proposal of amendment thereto as follows:
By striking out all after the enacting clause and inserting in lieu thereof in
lieu thereof the following:
First:
In Sec. 6, in 32 V.S.A. § 9706, in subsection (p), after “the aircraft
maintenance industry in Vermont” by inserting “by lowering the cost of parts
- 3539 -
and equipment relative to other states with private airplane maintenance
facilities”
Second:
In Sec. 15, in 32 V.S.A. § 3800, by striking subsection (c) in its
entirety and by relettering the remaining subsections to be alphabetically
correct.
Third:
In Sec. 21, in 32 V.S.A. § 312, in subsection (a), subdivision (2), by
striking out: “, or taxed under an alternative tax structure”
Fourth: In Sec. 21, in 32 V.S.A. § 312, by adding a sentence at the end of
subsection (d) to read: “The Department of Taxes shall notify the General
Assembly when it has determined that a tax expenditure listed in the tax
expenditure report lacks a statutory purpose, and the Department shall specify
a date, no later than one year after its determination, that it will cease
implementation or enforcement of the tax expenditure.”
Fifth:
in Sec. 22 (repeals), by inserting a subdivision (4) to read:
(4)
32 V.S.A. § 3802(5) (college fraternities and societies exemption) is
repealed on July 1, 2014.
(For House Proposal of Amendment see House Journal May 4, 2014
Page 1884)
Committee of Conference Report
H. 699
An act relating to temporary housing
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. 699
An act relating to temporary housing
Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
33 V.S.A. § 2103 is amended to read:
§ 2103.
ELIGIBILITY
* * *
(f)
An eligible participant for temporary housing shall not be required to
furnish more than 30 percent of his or her income toward the cost of temporary
housing.
The Secretary of Human Services may adopt rules as necessary,
pursuant to 3 V.S.A. chapter 25, to implement this subsection.
On or before
- 3540 -
March 1, 2017, the Secretary of Human Services shall submit data to the
Senate Committee on Health and Welfare and the House Committee on Human
Services
regarding the
impact
of
this
policy
on
the
program
and
its
participants.
Sec. 2.
EFFECTIVE DATES
This act shall take effect on passage, except in Sec. 1, 33 V.S.A. § 2103,
subsection (f) shall be repealed on July 1, 2018.
Rep. Michael Mrowicki
Rep. Francis M. McFaun
Rep. Lynn D. Batchelor
Committee on the part of the House
Sen. Virginia V. Lyons
Sen. Ann E. Cummings
Sen. Anthony Pollina
Committee on the part of the Senate
H. 765
An act relating to eliminating the part-time certification of law enforcement
officers
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. 765
An act relating to eliminating the part-time certification of law
enforcement officers
Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
* * * Vermont Criminal Justice Training Council * * *
Sec. 1.
20 V.S.A. § 2351 is amended to read:
§ 2351.
PURPOSE; DEFINITION OF COUNCIL
(a)
In order to promote and protect the health, safety, and welfare of the
public, it is in the public interest to provide for the creation of “the the
Vermont Criminal Justice Training Council.” Council.
- 3541 -
(b)
The Council is created to encourage and assist municipalities, counties,
and governmental agencies of this State in their efforts to improve the quality
of law enforcement and citizen protection by maintaining a uniform standard
of recruit and in-service training for law enforcement officers, including
members of the Department of Public Safety, capitol police officers, municipal
police officers, constables, correctional officers, prosecuting personnel, motor
vehicle inspectors, State investigators employed on a full-time basis by the
Attorney General, fish and game wardens, sheriffs and their deputies who
exercise law enforcement powers pursuant to the provisions of 24 V.S.A.
§§ 307 and 311, and railroad police commissioned pursuant to 5 V.S.A.
chapter 68, subchapter 8, and police officers appointed to the University of
Vermont’s Department of Police Services.
(c)
The Council shall offer continuing programs of instruction in up-to-date
methods of law enforcement and the administration of criminal justice.
(d)
It is the responsibility of the Council to encourage the participation of
local governmental units in the program and to aid in the establishment of
adequate training facilities.
Sec. 2.
20 V.S.A. § 2352 is amended to read:
§ 2352.
CREATION OF COUNCIL
(a)
The criminal justice training council Vermont Criminal Justice Training
Council shall consist of the commissioners of public safety, corrections, motor
vehicles, fish and wildlife Commissioners of Public Safety, of Corrections, of
Motor Vehicles, and of Fish and Wildlife, the attorney general Attorney
General, a member of the Vermont state police State Police bargaining unit of
the Vermont state employees’ association State Employees’ Association or its
successor entity, elected by its membership, and a member of the Vermont
police association Police Association, elected by its membership.
The
governor Governor shall appoint five additional members so as to provide
broad representation of all aspects of law enforcement and the public in
Vermont on the council Council.
The governor Governor shall solicit
recommendations
for
appointment
from
the
Vermont state’s
attorneys
association State’s
Attorneys
Association,
the
Vermont state’s
sheriffs
association State’s
Sheriffs
Association, and the
Vermont police
chiefs
association
Police
Chiefs
Association,
and
the
Vermont
Constables
Association.
Their term shall be three years.
* * *
Sec. 3.
20 V.S.A. § 2355 is amended to read:
§ 2355.
POWERS AND DUTIES
- 3542 -
(a)
The council Council shall adopt rules with respect to:
(1)
The the approval, or revocation thereof, of law enforcement officer
training schools and off-site training programs;
(2)
Minimum minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved law enforcement officer
training schools and off-site training programs;
(3)
Minimum minimum qualifications for instructors at approved law
enforcement officer training schools and off-site training programs;
(4)
Minimum minimum basic training for law enforcement officers in
each level of law enforcement officer certification and the time within which
that training shall be completed;
(5)
Minimum basic training in order to retain their status for law
enforcement officers who are appointed on a permanent basis, and the time
within which that basic training shall be completed following appointment;
[Repealed.]
(6)
Minimum minimum annual in-service training requirements for law
enforcement officers in each level of law enforcement officer certification;
(7)
Minimum minimum courses of training for other criminal justice
personnel;
(8)
Categories categories or classifications of advanced in-service
training programs and minimum courses of study and attendance requirements
with respect to those categories or classifications;
(9)
Recertification recertification of
persons
who
have
not
been
employed as law enforcement officers for a three-year period;
(10)
A a definition of criminal justice personnel and criminal justice
training for purposes of this title;
(11)
Decertification decertification of persons who have been convicted
of a felony subsequent to their certification as law enforcement officers;
(12)
Decertification decertification of persons who have not complied
with in-service training requirements, provided that the council Council,
through its executive director Executive Director, may grant a 60-day waiver
to a police law enforcement officer who has failed to meet his or her annual
in-service training requirements but who is able to complete those training
requirements within that 60-day period.
(b)
The council Council shall conduct and administer training schools and
offer courses of instruction for law enforcement officers and other criminal
- 3543 -
justice personnel.
The council Council may also offer the basic officer’s
course for pre-service students.
(c)(1)
The council Council shall appoint, subject to the approval of the
governor Governor, an executive director Executive Director who shall be an
exempt state State employee, and who shall hold office during the pleasure of
the council Council.
(2)(A)
He or she The Executive Director shall perform such duties as
may be assigned by the council Council.
The executive director is entitled to
compensation, as established by law, and reimbursement for the expenses
within the amounts available by appropriation.
(B)
The executive director Executive Director may appoint officers,
employees, agents, and consultants as he or she may deem necessary, and
prescribe their duties, with the approval of the council Council.
(3)
The Executive Director is entitled to compensation as established by
law
and
reimbursement
for
expenses
within
the
amounts
available
by
appropriation.
(d)
The council Council may, in addition:
(1)
Accept accept and administer under this chapter and for its purposes
contributions, capital grants, gifts, services, and other financial assistance from
any individual, association, corporation, or other organization having an
interest in criminal justice training, and from this state State and the United
States
and
any
of
their
agencies
and
instrumentalities,
corporate
or
otherwise; and
(2)
Perform perform such other acts as may be necessary or appropriate
to carry out the purposes of this chapter.
(e)
Any agency or department of state government, municipality or State,
county, or municipal government may, notwithstanding any provision of this
chapter, engage in and pay for, from sums appropriated for that purpose,
training activities for employees in addition to any minimum training required
by the council Council.
(f)
The council Council shall
charge
participants
or
employers
of
participants in law enforcement training programs as follows:
(1)
The tuition fee fees for any of the basic training or annual in-service
training required under section 2358 of this title chapter shall be $6,417.00 set
forth in rules adopted by the Council.
The tuition fees shall be set to reflect the
actual costs for operation of the particular programs offered.
This fee The fees
for basic training shall not be charged for persons employed by police agencies
at the time of training.
- 3544 -
(2)
The tuition fees for training not required under section 2358 of this
title chapter shall be set to reflect the actual costs for operation of the particular
programs offered, with an additional $30.00 entrance exam fee.
(g)
The criminal justice training council Council shall develop and
maintain a comprehensive drug training program by July 1, 1988.
Sec. 4.
20 V.S.A. § 2357 is amended to read:
§ 2357.
POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR
The executive director Executive Director of the council Council, on behalf
of the council Council, shall have the following powers and duties, subject to
the supervision of the council Council and to be exercised only in accordance
with rules adopted under this chapter:
(1)
To to approve, on applications made in advance, criminal justice
personnel training programs and their lesson plans and instructors, to issue
certificates of approval to those programs, and to revoke those approvals or
certificates;
(2)
To to certify, as qualified, instructors at approved criminal justice
personnel training schools and to issue appropriate certificates to those
instructors;
(3)
To to certify criminal justice personnel who have satisfactorily
completed approved training programs and to issue appropriate certificates to
them;
(4)
To to cause studies and surveys to be made relating to the
establishment, operation, and approval of criminal justice training schools;
(5)
To to consult and cooperate with law enforcement officer criminal
justice training schools:
(A)
to recommend a course of study in crime prevention for law
enforcement students,; and
(B)
for the development of advanced in-service training programs for
law enforcement officers, which shall include a course of study on crime
prevention;
(6)
To to consult and cooperate with universities, colleges, and institutes
for the development of specialized courses of study including a course of study
on crime prevention, where appropriate;
(7)
To to consult and cooperate with other departments and agencies of
the state State and federal
government concerned with criminal justice
personnel training;
- 3545 -
(8)
To provide courses for persons who wish to make application for
licensing as a private detective as provided in 32 V.S.A. § 9506, and to charge
the applicant a reasonable fee, based on the cost of providing courses;
[Repealed.]
(9)
To to perform such other acts as may be necessary or appropriate to
carry out his or her powers and duties as set forth in this chapter;
(10)
To to report to the council Council at each regular meeting of the
council Council and at such other times as may be required.; and
(11)
Approve to approve and accept pre-service and military students
for any of the basic officer’s training course courses set forth in section 2358
of this chapter.
Sec. 5.
20 V.S.A. § 2358 is amended to read:
§ 2358.
MINIMUM TRAINING STANDARDS; DEFINITIONS
(a)
Unless waived by the Council under standards adopted by rule, and
notwithstanding any statute or charter to the contrary, no person shall exercise
law enforcement authority: as a law enforcement officer without completing a
basic training course and annual in-service training within a time and manner
prescribed by the Council by rule.
(1)
as a part-time law enforcement officer without completing a basic
training course within a time prescribed by rule of the Council; or
(2)
as a full-time law enforcement officer without either:
(A)
completing a basic training course in the time and manner
prescribed by the Council; or
(B)
having received, before July 1, 1968, permanent full-time
appointment as a law enforcement officer, and completing a basic training
course before July 1, 1982.
(3)
as a full or part-time law enforcement officer without completing
annual in-service training requirements as prescribed by the Council.
(b)
The Council shall offer or approve basic training and annual in-service
training for each of the following three levels of law enforcement officer
certification in accordance with the scope of practice for each level, and shall
determine by rule the scope of practice for each level in accordance with the
provisions of this section:
(1)
Level I certification.
(A)
An applicant for certification as a Level I law enforcement
officer shall first complete an off-site training program prior to entering and
- 3546 -
completing Level I basic training.
Level I basic training shall include training
to
react
to
the
circumstances
described
in
subdivision
(B)
of
this
subdivision (1).
(B)(i)
The scope of practice of a Level I law enforcement officer
shall be limited to security, transport, vehicle escorts, and traffic control, as
those terms are defined by the Council by rule, except that a Level I officer
may react in the following circumstances if the officer determines that it is
necessary to do any of the following:
(I)
protect an individual in the presence of the officer from the
imminent infliction of serious bodily injury;
(II)
provide immediate assistance to an individual who has
suffered or is threatened with serious bodily injury;
(III)
detain an individual whom the officer reasonably believes
has committed a crime in the presence of the officer; or
(IV)
detain an individual whom the officer reasonably believes
has committed a felony under Vermont law.
(ii)
If a Level I officer reacts to any of the circumstances described
in subdivision (i) of this subdivision (B), he or she shall call upon an officer
certified to respond and assume law enforcement authority over the incident.
(2)
Level II certification.
(A)
An applicant for certification as a Level II law enforcement
officer shall first complete Level II basic training and may then become
certified in a specialized practice area as set forth in subdivision (B)(ii) of this
subdivision (2).
Level II basic training shall include training to respond to
calls regarding alleged crimes in progress and to react to the circumstances
described in subdivision (B)(iii) of this subdivision (2).
(B)(i)
Except as provided in subdivisions (ii) and (iii) of this
subdivision (B), the scope of practice of a Level II law enforcement officer
shall be limited to investigating the following matters:
(I)
13 V.S.A. chapter 7 (advertisements);
(II)
13 V.S.A. chapter 8 (humane and proper treatment of
animals);
(III)
13 V.S.A. chapter 19, subchapter 1 (riots);
(IV)
13 V.S.A. §§ 1022 (noise in the nighttime), 1023 (simple
assault), 1026 (disorderly conduct), and 1031 (interference with access to
emergency services);
- 3547 -
(V)
(VI)
13 V.S.A. chapter 41 (false alarms and reports);
(VII)
13 V.S.A. chapter 45 (flags and ensigns);
(VIII)
(IX)
13 V.S.A. chapter 49 (fraud in commercial transactions);
(X)
13 V.S.A. chapter 51 (gambling and lotteries);
(XI)
13 V.S.A. chapter 57 (larceny and embezzlement), except
for subchapter 2 (embezzlement);
(XII)
13 V.S.A. chapter 67 (public justice and public officers);
(XIII)
13 V.S.A. chapter 69 (railroads);
(XIV)
13 V.S.A. chapter 77 (trees and plants);
(XV)
13 V.S.A. chapter 81 (trespass and malicious injuries to
property);
(XVI)
(XVII)
(XVIII)
any matter within the jurisdiction of the Judicial
Bureau as set forth in 4 V.S.A. § 1102;
(XIX)
municipal ordinance violations;
(XX)
any matter within the jurisdiction of a game warden or
deputy game warden as set forth in 10 V.S.A. chapter 103, subchapter 4 (game
wardens); and
(XXI)
any matter within the scope of practice of a Level I law
enforcement officer.
(ii)
In
addition
to
the
scope
of practice
permitted
under
subdivision (i) of this subdivision (B), a Level II law enforcement officer may
also practice in additional areas approved in writing by the Council based on a
special certification or training approved by the Council pursuant to rules
adopted by the Council.
(iii)
Notwithstanding the limitations set forth in subdivisions (i)
and (ii) of this subdivision (B), a Level II officer may respond to calls
regarding
alleged
crimes
in
progress
and
may
react
in
the
following
circumstances if the officer determines that it is necessary to do any of the
following:
(I)
protect an individual in the presence of the officer from the
- 3548 -
imminent infliction of serious bodily injury;
(II)
provide immediate assistance to an individual who has
suffered or is threatened with serious bodily injury;
(III)
detain an individual whom the officer reasonably believes
has committed a crime in the presence of the officer; or
(IV)
detain an individual whom the officer reasonably believes
has committed a felony under Vermont law.
(iv)
If a Level II officer responds to calls regarding alleged crimes
in progress or reacts to any of the circumstances described in subdivision (iii)
of this subdivision (B) and that response or reaction is outside the scope of his
or her scope of practice, he or she shall call upon an officer certified to respond
and assume law enforcement authority over the incident.
(3)
Level III certification.
(A)
An applicant for certification as a Level III law enforcement
officer shall complete Level III basic training.
(B)
The scope of practice of a Level III law enforcement officer shall
include all law enforcement authority.
(c)
All programs required by this section shall be approved by the Council.
Completion of a program shall be established by a certificate to that effect
signed by the Executive Director of the Council.
(c)(d)
As used in this section:
(1)
“Law enforcement officer” means a member of the Department of
Public Safety who exercises law enforcement powers, a member of the State
police, a capitol police officer, a municipal police officer, a constable who
exercises law enforcement powers, a motor vehicle inspector, an employee of
the Department of Liquor Control who exercises law enforcement powers, an
investigator employed by the Secretary of State, Board of Medical Practice
investigators employed by the Department of Health, Attorney General, or a
state’s attorney State’s Attorney, a fish and game warden, a sheriff, or deputy
sheriff who exercises law enforcement powers, or a railroad police officer
commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8, or a police
officer appointed to the University of Vermont’s Department of Police
Services.
(2)
“Full-time law enforcement officer” means a law enforcement
officer with duties of a predictable and continuing nature which require more
than 32 hours per week and more than 25 weeks per year “Off-site training”
means training provided off the premises of a law enforcement officer training
- 3549 -
school and approved by the Council under the provisions of section 2355 of
this chapter.
(3)
“Part-time law enforcement officer” means a law enforcement
officer who is not employed full time. [Repealed.]
(d)
The council may determine whether a particular position is full-time or
part-time.
(e)
The criteria for all minimum training standards under this section shall
include anti-bias training approved by the Vermont Criminal Justice Training
Council.
Sec. 6.
20 V.S.A. § 2361 is amended to read:
§ 2361.
ADDITIONAL TRAINING
(a)
Nothing in this chapter prohibits any commissioner, department or State
agency head, department, or office or any municipality or county of the State
from providing additional training beyond basic training to its personnel in
their agencies or departments where no certification is requested from the
director of or required by the council Council or its Executive Director.
(b)
The commissioner of public safety head of a State agency, department,
or office, a municipality’s chief of police, or a sheriff may seek certification
from the criminal justice training council of Council for any additional
in-service training he or she may provide to his or her employees.
Sec. 7.
TRANSITIONAL PROVISIONS; OFFICER CERTIFICATION AND
RULEMAKING AUTHORITY
(a)
On the effective date of Sec. 5 of this act, 20 V.S.A. § 2358 (minimum
training standards; definitions), any law enforcement officer certified by the
Vermont Criminal Justice Training Council immediately prior to the effective
date of Sec. 5 as:
(1)
a part-time law enforcement officer shall be considered to be a
Level II law enforcement officer, unless that officer submits in writing to the
Council that he or she would like to be considered a Level I officer.
(2)
a full-time law enforcement officer shall be considered to be a
Level III law enforcement officer, unless that officer submits in writing to the
Council that he or she would like to be considered a Level I or Level II officer.
(b)
Any special certification that a part- or full-time law enforcement
officer described in subsection (a) of this section held as part of his or her
part- or full-time certification shall transfer to his or her new level of
certification described in subsection (a).
- 3550 -
(c)
The Vermont Criminal Justice Training Council shall adopt rules
in order to implement the provisions of Secs. 3, 20 V.S.A. § 2355 (powers and
duties), and 5, 20 V.S.A. § 2358 (minimum training standards; definitions), of
this act prior to the effective date of Secs. 3 and 5.
Sec. 8.
VERMONT CRIMINAL JUSTICE TRAINING COUNCIL;
RECOMMENDED TRANSITION BETWEEN DIFFERENT
LEVELS OF LAW ENFORCEMENT OFFICER CERTIFICATION
On or before January 15, 2015, the Vermont Criminal Justice Training
Council shall submit to the House and Senate Committees on Government
Operations:
(1)
the Council’s recommendation regarding the manner in which a law
enforcement officer should be able to transition to a different level of law
enforcement officer certification, once the officer has obtained one of the
levels of certification described in Sec. 5 of this act, 20 V.S.A. § 2358
(minimum training standards; definitions); and
(2)
after consulting with the Vermont Police Association, Inc., the
Chiefs of Police Association of Vermont, the Vermont Constables Association,
the
Vermont
Sheriffs’
Association,
Inc.,
and
a
representative
from
the
Department of Public Safety, any Council recommendation regarding whether
there should be any changes to the scope of practice for any of the levels of
law
enforcement
officer
certification
described
in
Sec.
5
of
this
act,
* * * Law Enforcement Advisory Board * * *
Sec. 9.
24 V.S.A. § 1939 is amended to read:
§ 1939.
LAW ENFORCEMENT ADVISORY BOARD
(a)
A Law Enforcement Advisory Board is created within the Department
of Public Safety to advise the Commissioner of Public Safety, the Governor,
and
the
General
Assembly
on
issues
involving
the
cooperation
and
coordination of all agencies which exercise law enforcement responsibilities.
The
Board
shall
review
any
matter
which
affects
more
than
one law
enforcement agency.
The board Board shall comprise the following members:
* * *
(3)
the Director of the Vermont Criminal Justice Support Services
Division;
* * *
(12)
the Defender General or his or her designee; and
(13)
one
employee-representative
of
the
Vermont
State
Police,
appointed by the Director of the Vermont State Employees’ Association; and
- 3551 -
(14)
a member of the Vermont Constables Association appointed by the
President of the Association.
* * *
* * * Capitol Police * * *
Sec. 10.
2 V.S.A. § 70 is amended to read:
§ 70.
CAPITOL POLICE DEPARTMENT
* * *
(b)
Powers; training.
(1)
Capitol police officers shall have all the same powers and authority
as sheriffs and other law enforcement officers anywhere in the State, which
shall include the authority to arrest persons and enforce the civil and criminal
laws, keep the peace, provide security, and to serve civil and criminal process.
For this purpose, capitol police officers shall subscribe to the same oaths
required for sheriffs.
(2)
Notwithstanding any other provision of law to the contrary, a capitol
police officer shall be a Level II or Level III law enforcement officer certified
by the Vermont criminal justice training council Criminal Justice Training
Council pursuant to the provisions of 20 V.S.A. chapter 151.
* * *
* * * Investigators Employed by the Secretary of State * * *
Sec. 11.
3 V.S.A. § 123(f) is amended to read:
(f)
Classified State employees who are employed as investigators by the
Secretary of State who have successfully met the standards of training for a
full-time Level III law enforcement officer under 20 V.S.A. chapter 151 shall
have the same powers as sheriffs in criminal matters and the enforcement of
the law and in serving criminal process, and shall have all the immunities and
matters of defense now available or hereafter made available to sheriffs in a
suit brought against them in consequence for acts done in the course of their
employment.
* * * Vermont Employees Retirement System * * *
Sec. 12.
3 V.S.A. § 455 is amended to read:
§ 455.
DEFINITIONS
(a)
Unless a different meaning is plainly required by the context, the
following words and phrases as used in this subchapter shall have the
following meanings:
* * *
(9)
“Employee” shall mean:
- 3552 -
* * *
(B)
any regular officer or employee of the Department of Public
Safety
assigned
to
police
and
law
enforcement
duties,
including
the
Commissioner of Public Safety appointed before July 1, 2001; but, irrespective
of the member’s classification, shall not include any member of the General
Assembly as such, any person who is covered by the Vermont Teachers’
Retirement System, any person engaged under retainer or special agreement or
C beneficiary employed by the Department of Public Safety for not more than
208 hours per year, or any person whose principal source of income is other
than State employment.
In all cases of doubt, the Retirement Board shall
determine whether any person is an employee as defined in this subchapter.
Also included under this subdivision are employees of the Department of
Liquor Control who exercise law enforcement powers, employees of the
Department of Fish and Wildlife assigned to law enforcement duties, motor
vehicle inspectors, full-time deputy sheriffs employed compensated by the
State of Vermont whose primary function is transports, full-time members of
the capitol police force, investigators employed by the Criminal Division of the
Office of the Attorney General, Department of State’s Attorneys, Department
of Health, or Office of the Secretary of State, who have attained full-time
Level III law enforcement officer certification from the Vermont Criminal
Justice Training Council, who are required to perform law enforcement duties
as the primary function of their employment, and who may be subject to
mandatory retirement permissible under 29 U.S.C. section § 623(j), who are
first included in membership of the system on or after July 1, 2000.
Also
included under this subdivision are full-time firefighters employed by the State
of Vermont.
* * * Labor Relations * * *
Sec. 13.
3 V.S.A. § 972 is amended to read:
§ 972.
DEFINITIONS
As used in this subchapter:
* * *
(3)
“Public body” means:
* * *
(E)
a
law
enforcement
officer
as
defined
in
* * *
* * * Railroad Police * * *
Sec. 14.
5 V.S.A. chapter 68, subchapter 8 is amended to read:
Subchapter 8.
Railroad Police
- 3553 -
§ 3755.
COMMISSIONS
Upon petition of a person or corporation owning or operating a railroad, the
commissioner of public safety Commissioner of Public Safety may, subject to
the provisions of section 3757 of this subchapter, commission any employees
of the railroad as the person or corporation designates to act as police officers
in and upon the premises and equipment owned, managed, or used by a
railroad, shall issue commissions to the employees to act as police so
commissioned, and shall have the authority to rescind such commissions.
* * *
§ 3757.
QUALIFICATIONS
Persons commissioned pursuant to section 3755 of this title subchapter shall
be subject to minimum training standards established by rule of the Vermont
criminal justice training council Criminal Justice Training Council pursuant to
20 V.S.A. chapter 151; provided that persons employed as full-time railroad
police before January 1, 1981, shall have until July 1, 1984, to meet the
minimum training standards or equivalent standards as determined by the
council, and may continue to function under laws in effect prior to passage of
this subchapter until July 1984, or until receiving a commission under this
subchapter, whichever occurs sooner.
* * *
§ 3763.
TERMINATION OF AUTHORITY
Upon termination of employment as a railroad police officer of any person
commissioned pursuant to this subchapter, the person’s commission shall be
automatically rescinded and his or her powers as a police officer shall
terminate.
Within 10 days after the termination, the employing railroad shall
file a notice of the termination with the commissioner of public safety
Commissioner of Public Safety and the Vermont Criminal Justice Training
Council.
The state State of Vermont shall not be responsible for the
supervision, discipline, or decision to terminate the employment of persons
commissioned as railroad police officers under this subchapter.
* * *
* * * Liquor Control * * *
Sec. 15.
7 V.S.A. § 561 is amended to read:
§
561.
AUTHORITY
OF
LIQUOR
CONTROL
INVESTIGATORS;
ARREST
FOR
UNLAWFULLY
MANUFACTURING,
POSSESSING, OR TRANSPORTING ALCOHOLIC BEVERAGES;
SEIZURE OF PROPERTY
(a)
The Director of the Enforcement Division of the Department of Liquor
- 3554 -
Control and investigators employed by the Liquor Control Board or by the
Department of Liquor Control shall be certified as full-time Level III law
enforcement officers by the Vermont Criminal Justice Training Council and
shall have the same powers and immunities as those conferred on the State
Police by 20 V.S.A. § 1914.
* * *
* * * Game Wardens * * *
Sec. 16.
10 V.S.A. § 4198 is amended to read:
§ 4198.
POLICE POWERS; TRAINING; STATE GAME WARDENS;
DEPUTY GAME WARDENS
Upon certification by the executive director of the criminal justice training
council of the successful completion of the training program for obtaining
from the Vermont Criminal Justice Training Council Level II or Level III
law
enforcement officers officer certification as established in 20 V.S.A. § 2358,
state State game wardens and deputy game wardens shall have the same law
enforcement authority, duties, and powers as state police State Police, sheriffs,
constables, and municipal police, and shall have all immunities and defenses
now or hereafter available to state police State Police, sheriffs, constables, and
municipal police in a suit brought against them in consequence of acts done in
the course of their employment.
State game wardens and deputy game
wardens shall receive their regular compensation during the time they are
enrolled in the training program.
* * * Crimes and Criminal Procedure * * *
Sec. 17.
13 V.S.A. § 4010 is amended to read:
§ 4010.
GUN SILENCERS
A person who manufactures, sells, uses, or possesses with intent to sell or
use an appliance known as or used for a gun silencer shall be fined $25.00 for
each offense.
The provisions of this section shall not prevent the use or
possession of gun silencers by:
(1)
a Level III certified, full-time law enforcement officer or department
of fish and wildlife Department of Fish and Wildlife employee in connection
with his or her duties and responsibilities and in accordance with the policies
and procedures of that officer’s or employee’s agency or department; or
(2)
the Vermont National Guard in connection with its duties and
responsibilities.
* * * Investigators Appointed by a State’s Attorney * * *
Sec. 18.
24 V.S.A. § 364 is amended to read:
- 3555 -
§ 364.
INVESTIGATOR
(a)(1)
A state’s attorney State’s Attorney may appoint an investigator and,
with the approval of the Governor, shall fix the investigator’s pay not to
exceed that of a noncommissioned officer of the Department of Public Safety,
and may remove the investigator at will.
(2)
An investigator shall be reimbursed for necessary expenses incurred
in connection with his or her official duties when approved by the state’s
attorney State’s Attorney and the Commissioner of Human Resources.
(3)
Investigators shall take part in the investigation of crime, the
detection of persons suspected of committing crimes, the preparation of any
criminal cause for trial, and other tasks related to the state’s attorney’s office
Office of the State’s Attorney.
(4)
No person may be appointed as an investigator unless he or she has
had appropriate experience in investigative work for a period of not less than
two years, including employment as a private detective or a law enforcement
officer, or has successfully completed a course of training under 20 V.S.A.
(b)
A person appointed as an investigator who has successfully completed a
course of training under 20 V.S.A. chapter 151 obtained certification as a
Level II or
Level III law enforcement officer under the provisions of
20 V.S.A. § 2358 shall have the same powers as sheriffs in criminal matters
and the enforcement of the law and in serving criminal process, and shall have
all the immunities and matters of defense now available or hereafter made
available to sheriffs in a suit brought against them in consequence for acts done
in the course of their employment.
* * * Constables * * *
Sec. 19.
24 V.S.A. § 1936a is amended to read:
§ 1936a.
CONSTABLES; POWERS AND QUALIFICATIONS
* * *
(d)
A municipal legislative body may vote to allow a constable elected or
appointed in another municipality to exercise law enforcement authority in its
municipality, provided that:
(1)
the constable is not prohibited from exercising law enforcement
authority under subsection (a) of this section;
(2)
the constable has completed the training requirements for a full-time
or part-time law enforcement officer is certified to exercise that level of
authority under 20 V.S.A. § 2358; and
- 3556 -
(3)
the exercise of law enforcement authority is conducted in accordance
with policies and procedures adopted by the legislative body establishing the
circumstances under which the authority may be exercised.
* * * Investigators Employed by the Board of Medical Practice * * *
Sec. 20.
26 V.S.A. § 1351 is amended to read:
§ 1351.
BOARD OF MEDICAL PRACTICE
* * *
(f)
Classified state State employees who are employed as investigators by
the department of health Department of Health who have successfully met the
standards of training for a full-time are certified as a Level III law enforcement
officer under 20 V.S.A. chapter 151 20 V.S.A. § 2358 shall have the same
powers as sheriffs in criminal matters and the enforcement of the law and in
serving criminal process, and shall have all the immunities and matters of
defense now available or hereafter made available to sheriffs in a suit brought
against them in consequence for acts done in the course of their employment.
* * * Correctional Officers * * *
Sec. 21.
28 V.S.A. § 551a is amended to read:
§
551a.
LAW
ENFORCEMENT
POWERS
OF
CORRECTIONAL
OFFICERS; TRAINING REQUIREMENTS
(a)
The commissioner of corrections Commissioner of Corrections shall
establish training requirements necessary for a correctional officer to be
authorized to exercise the power to arrest a person on probation under section
301 of this title, to arrest a person serving supervised community sentence
under section 363 of this title, or to arrest a person on parole under section 551
of this title.
The required training shall include but not be limited to training in
search and seizure, criminal law, authority to arrest, use of force, reporting and
record keeping, and liability for actions and conduct.
(b)
The commissioner Commissioner may also authorize and designate any
correctional officer as defined in subdivision 3(10) of this title to become
certified by the criminal justice training council Vermont Criminal Justice
Training Council as a part-time law enforcement officer, pursuant to the
provisions of chapter 151 of Title 20 V.S.A. chapter 151.
The commissioner
Commissioner and the director of the training academy Executive Director of
the Vermont Criminal Justice Training Council shall develop curriculum
subject to the approval of the training council Council.
The commissioner
Commissioner by department Department policy may prescribe the use of
those law enforcement powers consistent with the official duties and job
descriptions of the correctional officer, and may direct that the correctional
- 3557 -
officer not carry any weapon while on duty.
Any person hereby certified shall
be sworn by the commissioner Commissioner.
* * * Sheriffs * * *
Sec. 22.
32 V.S.A. § 1182 is amended to read:
§ 1182.
SHERIFFS
(a)
The annual salaries of the sheriffs of all counties except Chittenden
shall be $67,688.00 as of July 1, 2012 and $70,192.00 as of July 14, 2013.
The
annual salary of the sheriff of Chittenden County shall be $71,631.00 as of
July 1, 2012 and $74,281.00 as of July 14, 2013.
(b)
Compensation under subsection (a) of this section shall be reduced by
10 percent for any sheriff who has not completed the full-time training
requirements obtained Level III law enforcement officer certification under
* * * Effective Dates * * *
Sec. 23.
EFFECTIVE DATES
This act shall take effect on July 1, 2015 except:
(1)
this section and Secs. 7 (transitional provisions; officer certification
and rulemaking authority) and 8 (Vermont Criminal Justice Training Council;
recommended transition between different levels of law enforcement officer
certification) shall take effect on passage; and
(2)
Sec. 2, 20 V.S.A. § 2352 (creation of Council), and Sec. 9, 24 V.S.A.
§ 1939 (Law Enforcement Advisory Board), shall take effect on July 1, 2014.
And that after passage the title of the bill be amended to read:
“An act
relating to establishing new levels of law enforcement officer certification”.
Rep. Ronald E. Hubert
Rep. Donna G. Sweaney
Rep. Mark A. Higley
Committee on the part of the House
Sen. Eldred M. French
Sen. Norman H. McAllister
Sen. Jeannette K. White
Committee on the part of the Senate
- 3558 -
Ordered to Lie
S. 91
An act relating to privatization of public schools.
Pending Question: Shall the House propose to the Senate to amend the bill
as offered by Rep. Turner of Milton?
Consent Calendar
Concurrent Resolutions
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative requests floor consideration before the end of the session of the
next legislative day.
Requests for floor consideration in either chamber should
be communicated to the Secretary’s office and/or the House Clerk’s office,
respectively.
For text of resolutions, see Addendum to House Calendar and
Senate Calendar.
H.C.R. 356
House concurrent resolution honoring Rutland Free Library Director
Paula Baker
H.C.R. 357
House concurrent resolution congratulating the Vermont Housing Finance
Agency on its 40th anniversary and recognizing the leadership of its executive
director, Sarah Carpenter
H.C.R. 358
House concurrent resolution congratulating the Italian American Club in
Rutland on its centennial
H.C.R. 359
House concurrent resolution congratulating William Anton on being named the
2014 Vermont winner of the National Association of Elementary School
Principals’ National Distinguished Principal Award
H.C.R. 360
House concurrent resolution congratulating Rosemary FitzSimons on being
named the 2014 winner of the Henry Giaguque Vermont Elementary Principal
of the Year
H.C.R. 361
House concurrent resolution congratulating the 2014 Woodstock Union High
School Wasps Division II girls’ Nordic skiing championship team
H.C.R. 362
House concurrent resolution congratulating the 2014 Woodstock Union High
School Wasps Division II boys’ Nordic skiing championship team
- 3559 -
H.C.R. 363
House concurrent resolution congratulating Vermont Economic Development
Authority on its 40th anniversary
H.C.R. 364
House concurrent resolution in memory of John P. Griffin Jr. of Bennington
H.C.R. 365
House concurrent resolution congratulating the Washington Electric
Cooperative on its 75th anniversary
H.C.R. 366
House concurrent resolution commemorating the 70th anniversary of D-Day
H.C.R. 367
House concurrent resolution congratulating the 2013 Richford High School’s
Division IV girls’ track and field team
H.C.R. 368
House concurrent resolution congratulating the Milton High School Drama
Club on winning the Vermont Drama Festival’s one-act play competition
H.C.R. 369
House concurrent resolution congratulating the 2014 Middlebury Union High
School Tigers Division II championship girls’ ice hockey team
H.C.R. 370
House concurrent resolution congratulating the Farm & Wilderness Camps on
their 75th anniversary
H.C.R. 371
House concurrent resolution honoring Windham Southeast Supervisory Union
Business Administrator James E. Kane
H.C.R. 372
House concurrent resolution congratulating Penny Ly on being named the
Vermont winner of the 2014 Doodle 4 Google competition
H.C.R. 373
House concurrent resolution honoring Frances Ann Sullivan of Vergennes
H.C.R. 374
House concurrent resolution in memory of former Representative Ira Pike of
Mendon
H.C.R. 375
House concurrent resolution congratulating Coy Lyford on winning his third
consecutive State youth wrestling championship
H.C.R. 376
House concurrent resolution congratulating Rebecca Carleton on winning the
National Art Education Association’s 2014 Eastern Region Educator of the
Year Award
- 3560 -
H.C.R. 377
House concurrent resolution congratulating the Bennington Fire Department
on its 50th Bennington Battle Day Parade
H.C.R. 378
House concurrent resolution honoring the Vermont Elks Association’s Silver
Towers Camp
H.C.R. 379
House concurrent resolution honoring University of Vermont Associate
Professor of Philosophy Arthur Kuflik
H.C.R. 380
House concurrent resolution designating May 7, 2014 as Poverty Awareness
Day in Vermont
H.C.R. 381
House concurrent resolution honoring former Brattleboro Selectboard Chair
Jesse M. Corum IV for his legal and civic leadership in Windham County
H.C.R. 382
House concurrent resolution congratulating Kelly Stettner of Springfield on
being named the 2014 winner of the Green Mountain Power–Zetterstrom
Environmental Award
S.C.R. 57
Senate concurrent resolution congratulating the Capitol Plaza Hotel and
Conference Center on providing 20 years of award-winning service to the
Montpelier community
S.C.R. 58
Senate concurrent resolution congratulating the Greenwood School and
documentary filmmaker Ken Burns on the premiere of
The Address
S.C.R. 59
Senate concurrent resolution congratulating OUR House of Central Vermont
on its 25th anniversary
S.C.R. 60
Senate concurrent resolution congratulating Pixley Tyler Hill and Ted Tyler on
being named as U.S. Environmental Protection Agency’s 2014 Environmental
Merit Award winners
S.C.R. 61
Senate concurrent resolution honoring Franklin County Deputy Sheriff
Corporal Brendan McKenney and Enosburgh Ambulance Officer Dean Scott
for their heroic rescue efforts in Montgomery
S.C.R. 62
Senate concurrent resolution congratulating the Vermont State Nurses’
Association on its centennial
- 3561 -
S.C.R. 63
Senate concurrent resolution commemorates the U.S. Army’s 10th Mountain
Division, our nation’s alpine soldiers