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House CalendarWEDNESDAY, MAY 29, 2002

142nd DAY OF ADJOURNED SESSION

ORDERS OF THE DAY

ACTION CALENDAR

Unfinished Business of Friday, May 24, 2002

Action Postponed Until Friday, May 24, 2002

S. 8

An act relating to benefits for survivors of firefighters.

Pending Question: Shall the House amend the proposal of amendment as offered by Rep. Otterman as amended by Rep. Paquin?

(Proposed Otterman amendment as amended)

(3) “Firefighter” means a person employed by, or an authorized volunteer of, the state of Vermont or a municipality of the state, including any fire district or non-profit fire department incorporated under the laws of the state which provides fire protection services to a Vermont municipality, whose primary duties as an employee or authorized volunteer are to prevent and respond to emergencies.

Amendment to be offered by Rep. Waite of Pawlet to S. 8

Moves to amend the proposal of amendment in Sec. 1, 20 V.S.A. § 3171, by striking subdivision (3) in its entirety and inserting in lieu thereof a new subdivision (3) to read as follows:

(3) “Firefighter” shall have the meaning provided in subdivision 3151(3) of this title.

S. 241

An act relating to auricular acupuncture for the treatment of alcoholism, substance abuse or chemical dependency.

Pending Question: Shall the House propose to the Senate to amend the bill as recommended by Rep. Atkins of Winooski?

* * * Professional Regulation * * *

Sec. 1. 3 V.S.A. § 129(a) is amended to read:

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(a) In addition to any other provisions of law, a board may exercise the following powers:

* * *

(6) Discipline any licensee or refuse to license any person who has had a license revoked, suspended, limited or, conditioned or otherwise disciplined by a licensing agency in another jurisdiction for an offense which would constitute unprofessional conduct in this state, or has surrendered a license while under investigation for unprofessional conduct.

* * *

(12) Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.

Sec. 2. 3 V.S.A. § 129a is amended to read:

§ 129a. UNPROFESSIONAL CONDUCT

(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. A board may find that any one of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, constitutes unprofessional conduct.

* * *

(10) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a client, patient or customer has occurred occurs.

* * *

(c) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $1,000.00 for each unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this section shall be deposited in the general fund.

* * *

Sec. 3. 3 V.S.A. § 131 is amended to read:

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§ 131. ACCESSIBILITY AND CONFIDENTIALITY OF DISCIPLINARY

MATTERS

* * *

(f) For the purposes of this section, "disciplinary action" means action that suspends, revokes, limits or conditions a license in any way, and includes warnings and reprimands.

(g) Nothing in this section shall prohibit the disclosure of information regarding disciplinary complaints to state or federal law enforcement agencies in the course of their investigations.

* * * Administrative Procedure * * *

Sec. 4. 3 V.S.A. § 814(d) is amended to read:

(d) An agency having jurisdiction to conduct proceedings and impose sanctions in connection with conduct occurring during the time a license is operative of a licensee or former licensee shall not lose jurisdiction if the license is not renewed or is surrendered or otherwise terminated prior to initiation of such proceedings.

* * * Barbers and Cosmetologists * * *


(a) A person shall be eligible for licensure as a barber if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed an accredited barber school program and an apprenticeship of 12 months; or has satisfactorily completed an apprenticeship of 24 months in addition to courses, as prescribed by the board, by rule, has a high school or general educational development diploma, and has passed the examination described in section 283 of this title.


§ 278. QUALIFICATIONS; COSMETOLOGIST

A person shall be eligible for licensure as a cosmetologist if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed the following:

* * *


§ 279. QUALIFICATIONS; ESTHETICIAN

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A person shall be eligible for licensure as an esthetician if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed the following:

(1) a course of study in esthetics of at least 300 600 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule,; or

(2) an apprenticeship of six 12 months, as prescribed by the board by rule; and has passed the exam examination described in section 283 of this title.


§ 280. QUALIFICATIONS; MANICURIST

A person shall be eligible for licensure as a manicurist if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed:

(1) a course of study in manicuring of at least 150 400 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule,; or

(2) an apprenticeship of four eight months, as prescribed by the board by rule, and has passed the examination described in section 284 of this title.

* * * Chiropractic * * *


§ 533. LICENSE BY ENDORSEMENT

The board may grant a license without written examination to an applicant who is licensed and in good standing to practice chiropractic in another state, if the applicant

(1) Meets the educational criteria provided in section 531 of this title; and

(2) Passes the clinical examination required under subsection (b) of section 532 of this title.

(a) The board may grant a license without written examination to an applicant who:

(1) is licensed, is of good moral character, is in good standing to practice chiropractic in another jurisdiction, and has successfully completed not less than 24 hours of continuing chiropractic professional education during the two

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years immediately preceding application. For purposes of this section, "in good standing" means the applicant has no record of disciplinary actions on file with other jurisdictions, the Chiropractic Information Network - Board Action Databank (CIN - BAD) or professional liability insurance carriers;

(2) presents proof of having graduated before January 1, 1996 from a four - year school of chiropractic, accredited by the Council on Chiropractic Education (CCE), or which was accredited by the CCE at the time of the applicant’s graduation, and which requires not less than 4,000 hours as a resident student; and

(3) has practiced chiropractic at least 500 hours during the two years immediately preceding the date of application.

(b) The board may require an applicant under this section to take an examination on the Vermont laws and rules governing the practice of chiropractic.

(c) An applicant who is not in good standing may be eligible for licensure under this section if the applicant can demonstrate to the satisfaction of the board that the applicant has passed the Special Purpose Examination for Chiropractors and is otherwise qualified for licensure under this section. The board may place limitations or conditions on licenses issued under this subsection.

* * * Dentists; Reciprocal Licenses * * *


§ 805. LICENSING NONRESIDENTS

(a) In its discretion, upon a satisfactory practical examination demonstrating his proficiency, the board may issue a license to a dentist who has been lawfully in practice in another state for at least five years, upon the payment of the required fee, if the applicant presents a certificate from the board of dental examiners or other like board of the state in which he has practiced, certifying to his competency and good moral character.

(b) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a dentist who holds an unrestricted license in all jurisdictions in which the dentist is currently licensed, and who certifies to the Vermont board of dental examiners that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The dentist shall file with the board, on forms provided by the board, information on dental qualifications, professional discipline, criminal record, malpractice claims or any other such information as

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the board may require. A license granted under this subsection shall authorize the licensee to practice dentistry on a voluntary basis in Vermont.

* * * Funeral Services * * *


§ 1211. DEFINITIONS

(a) The following words as used in this chapter, unless a contrary meaning is required by the context, shall have the following meanings:

(1) “Crematory establishment” means a place of business conducted at a specific street address or location devoted to the disposition of dead human bodies by means of cremation.

(2) "Funeral director" means a licensed person who is the owner,

co-owner, employee or manager of a licensed funeral establishment and who directs, supervises or contracts to direct, or supervise funerals, for compensation, engages in the practice of funeral service.

(2)(3) "Funeral establishment" means a place of business conducted at a specific street address or location devoted to the care and preparation for burial, disposal or transportation of dead human bodies, including the selling of funeral services or merchandise practice of funeral service.

(4) "Practice of funeral service" means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation. This includes, but is not limited to:

(A) meeting with the public to select a method of disposition or funeral observance and merchandise;

(B) entering into contracts, either at - need or pre - need, for the provision of dispositions, funeral observances, and merchandise;

(C) arranging, directing, or performing the removal or transportation of a dead human body;

(D) securing or filing certificates, permits, forms or other documents;

(E) supervising or arranging a funeral, memorial, viewing, or graveside observance;

(F) holding oneself out to be a licensed funeral director by using the words or terms "funeral director", "mortician", "undertaker", or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director.

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(5) "Removal" means the removal of dead human bodies from places of death, hospitals, institutions, or other locations, for a fee or other compensation.

(b) Nothing in this section shall prohibit cemetery owners, associations or their employees from engaging in any functions normally performed by them in the course of their everyday affairs as allowed by chapter 121 of Title 18.

(c) Notwithstanding this section, crematory owners and their personnel may engage in the listed activities in subsection (a) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, crematory personnel may:

(1) provide for the disposition of dead human bodies by cremation, and meet with the public to arrange and provide for the disposition;

(2) enter into contracts, without taking prepaid funds, for the provision of dispositions by cremation;

(3) arrange, direct or perform the removal or transportation of a dead human body, so long as removals are performed by licensed removal personnel; and

(4) secure and file certificates, permits, forms or other documents.


§ 1212. RULES; DUTIES

The board shall:

* * *

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public; and

(5) issue licenses to qualified applicants under this chapter; and

(6) adopt rules regarding minimum standards for crematory establishments, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public and other measures necessary to protect the public.


§ 1213. INSPECTION OF PREMISES

(a) The board of funeral service or the office of professional regulation may, at any reasonable time, inspect funeral and crematory establishments.

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(b) Each funeral and crematory establishment shall be inspected at least once every two years. Copies of the inspector's report shall be provided to the board.


§ 1251. LICENSE REQUIREMENTS

No person, partnership, corporation, association or other organization may open or maintain a funeral establishment unless the establishment is licensed by the board of funeral service to conduct the business and unless the owner, a co-owner or manager is a licensed funeral director. No person, partnership, corporation, association or other organization may open or maintain a crematory establishment unless the establishment is licensed by the board of funeral service. No person may hold himself or herself out as performing the duties of a funeral director unless licensed by the board of funeral service. Except as otherwise permitted by law, no person may perform a removal unless licensed by the board of funeral service.


§ 1252. APPLICATION; QUALIFICATIONS

(a) Funeral director. Any person who desires to engage in the business of a funeral director shall make written application to the board of funeral service for a license to engage therein. The applicant shall have attained the age of majority, be a citizen of the United States, a resident of the state of Vermont hold a high school or general educational development diploma or its equivalent, and be of good moral character. The application for a license shall be sworn to and shall state the name, age and residence of the applicant. The board of funeral service may prescribe by regulation the forms for the applications, and all applicants shall furnish such information relative to prior experience, employment and qualifications as the board shall require. The application shall be accompanied by an examination fee.

(b) Funeral establishment. A person, partnership, association or other organization desiring to operate a funeral establishment, shall apply, in writing, to the board of funeral service for a license. The applicant, if a corporation, partnership, association or other organization, must have a manager or

co-owner who is a licensed funeral director. The application for a license shall be sworn to by the individual, a partner or a duly authorized officer of a corporation, and shall be on the form prescribed and furnished by the board of funeral service, and the applicant shall furnish such information as required by rule or regulation of the board. The application shall be accompanied by an examination fee.

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(c) Crematory establishment. A person, partnership, association or other organization desiring to operate a crematory establishment shall apply, in writing, to the board of funeral service for a license. The applicant, if a corporation, partnership, association or other organization, shall have a designated manager or co-owner who is responsible for the operation of the establishment. The application for a license shall be sworn to by the individual, or a partner or a duly authorized officer of a corporation, shall be on the form prescribed and furnished by the board of funeral service, and the applicant shall furnish such information, as required by rule of the board. The application shall be accompanied by a registration fee.

(d) Removal personnel. Any person who desires to engage in removals shall register with the board of funeral service and pay the fee established in subsection 1256(d) of this title. The applicant shall have attained the age of majority, be of good moral character, and be directly employed by a licensed funeral or crematory establishment. The board may prescribe, by rule, the forms for applicants, which may include proof of completion of up to three hours of education and training in infectious diseases, in programs approved by the board. Registrants under this subsection are authorized to perform removals only, as defined by this chapter. Unlicensed personnel may accompany licensed personnel to assist in removals so long as they have been instructed in handling and precautionary procedures prior to the call.


§ 1254. ISSUANCE OR DENIAL OF LICENSE

If, upon examination, it is found that the applicant is of a good moral character and possessed of sufficient skill and knowledge of the business, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director or crematory establishment, and shall register license him or her as a duly licensed funeral director. All applications shall be granted or denied within ninety 90 days from the making thereof.


§ 1256. RENEWAL OF REGISTRATION OR LICENSE

(a)(1) One month before renewal is required, the board shall notify, by mail, every licensed funeral director and funeral establishment licensee of the date on which his or her or its license will expire.

(2) Biennially, every licensed funeral director and funeral establishment licensee shall renew their his or her registration or license by paying the required fee.

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(3) Upon the receipt of the fee, the board shall issue to the funeral director licensee a receipt showing his or her number, name, and the year for which the fee is paid.

(b) Upon request of the board of health or a person authorized to issue burial or removal permits, a licensed funeral director licensee shall show the receipt mentioned in subdivision (a)(3) of this section.

(c) If a funeral director or funeral establishment licensee fails to pay the renewal fee by the required date, the license shall be suspended. Thereafter, the license may be renewed only upon application to the board and upon payment of the renewal fee and a reinstatement fee.

* * *


§ 1257. UNPROFESSIONAL CONDUCT

(a) A funeral director licensee shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

(1) Using dishonest or misleading advertising.

(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.

(3) Failure to comply with rules adopted by the board or by the Federal Trade Commission relating to funeral directors.

(4) Failure For funeral directors, failure to make available at the licensee's place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.

(c) After hearing and upon a finding of unprofessional conduct, the board may take disciplinary action against a funeral director licensee.

(d) For purposes of this section, "disciplinary action" includes any action taken by the board against a funeral director licensee premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of renewal of a license, suspension, revocation, limiting or conditioning of the license, issuing reprimands or warnings, and adopting consent orders.


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§ 1272. RULES

The board shall adopt rules to carry out the provisions of this subchapter to insure the proper handling of all funds paid pursuant to a prepaid funeral agreement and to protect consumers in the event of default. The rules shall include provisions relating to the following:

* * *

(9) Establishment of a funeral services trust account. For purposes of funding the funeral services trust account, the board shall assess each funeral or crematory establishment a per funeral, burial or disposition fee of $6.00. The account shall be administered by the secretary of state and shall be used for the sole purpose of protecting prepaid funeral contract holders in the event a funeral establishment defaults on its obligations under the contract. The account shall consist of all fees collected under this subdivision and any assessments authorized by the general assembly. The principal and interest remaining in the account at the close of any fiscal year shall not revert but shall remain in the account for use in succeeding fiscal years. Notwithstanding the foregoing, if the fund balance at the beginning of a fiscal year is at least $200,000.00, no fees shall be imposed during that fiscal year. Payments from the fund shall be made on warrants by the commissioner of finance and management, at the direction of the board of funeral services. In cases where both a funeral and crematory establishment are involved in a disposition, the party receiving the burial permit shall be responsible for the disposition fee.

* * * Physicians and Nurses; Reciprocal Licenses * * *

Sec. 20. 26 V.S.A. § 1395(c) is added to read:

(c) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a physician who holds an unrestricted license in all jurisdictions where the physician is currently licensed, and who certifies to the Vermont board of medical practice that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee health care clinic in Vermont, shall be licensed by the board within 30 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. A license granted under this subsection shall authorize the licensee to practice medicine or surgery on a voluntary basis in Vermont.

Sec. 21. 26 V.S.A. § 1576(e) is added to read:

(e) Notwithstanding the provisions of this section and any other provision of law, a nurse who holds an unrestricted license in all jurisdictions in which the nurse is currently licensed, and who certifies to the Vermont board of nursing that he or she will limit his or her practice in Vermont to providing pro

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bono services at a free or reduced fee clinic in Vermont, shall be licensed by the board within 60 days of the licensee’s certification without further examination, interview, fee or any other requirement for board licensure. The nurse shall file with the board, on forms provided by the board, information on nursing qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the licensee to practice nursing on a voluntary basis in Vermont.

* * * Pharmacy * * *

Sec. 22. REPEAL

26 V.S.A. § 1897 (posting of prescription prices by agency of human services) is repealed.

* * * Real Estate Brokers and Salespersons * * *


§ 2292. ELIGIBILITY

(a) A license as a real estate broker shall be granted to a person who satisfies all of the following:

(1) Has passed an examination as required by the commission.

(2) Has gained at least one year's experience satisfactory to the commission as a licensed salesperson, or has completed a course of instruction that the commission deems to be equivalent to such experience.

* * *

* * * Veterinary Medicine * * *


§ 2403. EXEMPTIONS FROM LICENSURE

Regardless of whether acts performed are within the definition of the practice of veterinary medicine as defined in section subdivision 2401(5) of this title, a license to practice veterinary medicine shall not be required under section 2402 of this title by the following:

* * *

(2) a person advising with respect to or performing acts which are accepted livestock management practices and animal husbandry practices such as the use of procedures for artificial insemination, dehorning, clipping and shoeing animals and, trimming feet and use of handheld files, rasps or other devices to remove overgrowth from the teeth of horses (floating), but not to include extraction of teeth or other procedures that invade the skin tissue of the

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mouth. Prescription drugs shall not be used except by or on the order of a licensed veterinarian, as provided by state and federal law;

* * *

Sec. 25. 26 V.S.A. § 2404 is added to read:

§ 2404. IMMUNITY FROM LIABILITY OF LICENSEES WHO REPORT

SUSPECTED CASES OF CRUELTY TO ANIMALS

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a veterinarian licensed by the board who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, as defined in sections 352 and 352a of Title 13, to any sheriff or deputy sheriff, constable, police officer, state’s attorney or deputy state’s attorney, state game warden or deputy game warden, state police officer or auxiliary state police officer, humane society officer, employee or agent, or local board of health officer or agent.


§ 2405. IMMUNITY FROM LIABILITY FOR GOOD SAMARITAN ACTS

A veterinarian licensed by the board who, on the veterinarian’s own initiative or at the request of an owner or another person, renders uncompensated emergency treatment to a sick or injured animal at the scene of an accident, shall not be liable in damages to the owner of the animal if the veterinarian is not grossly negligent.

Sec. 27. 26 V.S.A. § 2424(c) is amended to read:

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association (AVMA) must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), its successor organization or an organization acceptable to the board, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, unless at the time the applicant became licensed in the state, territory or province from which they are

the applicant is applying, an ECFVG certificate was not required by this state.

* * * Radiology * * *


§ 2811. BOARD OF RADIOLOGIC TECHNOLOGY

(a) A board of radiologic technology is created, consisting of five members. The board shall be attached to the office of professional regulation.

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(b) Two members One member of the board shall be members a member of the public who have has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. They The public member shall have no financial interest personally or through a spouse.

(c) One member of the board shall be a radiologist certified by the American Board of Radiology.

(d) Two members of the board shall be licensed under this chapter.

(e) One member of the board shall be a representative from the radiological health program of the Vermont department of health.

(f) Board members shall be appointed by the governor.


§ 2825. TEMPORARY PERMITS

(a) An applicant for general radiography licensure, nuclear medicine technology licensure or radiation therapy licensure who meets all of the qualifications for licensure except passage of a required examination shall be issued a temporary permit. The permit shall authorize the holder to practice, under the general supervision of a licensed practitioner or a person licensed under this chapter, the branch of radiologic technology applied for until the next succeeding examination is given, and if the applicant sits for that examination, until the results of the next examination taken by the applicant are distributed and acted on by the board.

(b) As soon as the results of the examination are distributed and acted upon by the board, a permit holder who passes the examination shall be granted permanent licensure. A graduate of an approved program of radiologic technology who fails the examination may have his or her temporary permit renewed or reissued no more than two three consecutive times to permit the applicant to take the next two scheduled examinations examination not more than four times. The fourth and final examination shall be taken only after the applicant has completed additional education or other remedial steps acceptable to the board. An applicant who thereafter fails an examination shall not be granted a temporary permit.

* * * Private Investigative and Security Services * * *


§ 3162. POWERS AND DUTIES

The board may:

* * *

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(7) Adopt rules establishing a security guard or private investigator training program, consisting of not fewer than 40 hours of training, as a prerequisite to registration.

(8) Adopt rules establishing continuing education requirements and establish or approve continuing education programs to assist a licensee or registrant in meeting these requirements.

Sec. 31. 26 V.S.A. § 3175a is amended to read:

§ 3175a. FIREARMS AND GUARD DOG TRAINING; INSTRUCTOR

LICENSURE

(a) An applicant for a private detective or security guard license to provide armed services shall demonstrate to the board competence in the safe use of firearms in a manner deemed appropriate by the board, which firearms training program approved by the board and taught by an instructor currently licensed under this section. Firearms training may include evidence of law enforcement or military training in firearms. An applicant for a license to provide guard dog services shall demonstrate to the board competence in the handling of guard dogs in a manner deemed appropriate by the board. The board shall adopt rules governing the approval of firearm and guard dog training, including instructor qualifications guard dog training program approved by the board and taught by an instructor currently licensed under this section.

(b) The board shall license instructors of such training courses, and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs.

(c) The board shall not issue a license as a firearms training program instructor without first obtaining and approving the following:

(1) The application filed in the proper form.

(2) The application fee established in subdivision 3178a(5)(A) of this title.

(3) Evidence that the applicant has obtained the age of majority.

(4) A copy of the applicant’s training program.

(5) Proof of certification as an instructor from an instructor’s course approved by the board.

(6) A federal background check.

(d) The board shall not issue a license as a guard dog training program instructor without first obtaining and approving the following:

(1) The application filed in the proper form.

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(2) The application fee established in subdivision 3178a(5)(A) of this title.

(3) Evidence that the applicant has obtained the age of majority.

(4) A copy of the applicant’s training program.

(5) Proof of certification as an instructor from an instructor’s course approved by the board.

(6) A federal background check.

(e) Instructors licensed under this section are subject to the same renewal requirements as others licensed under this chapter, and, prior to renewal, are required to show proof of current instructor licensure and pay the renewal fee established in subdivision 3178a(5)(B) of this title.

Sec. 32. 26 V.S.A. § 3176(e) is added to read:

(e) As a prerequisite to registration, all investigative and security employees shall take and successfully complete a training program approved by the board.

Sec. 33. 26 V.S.A. § 3178a(5) is added to read:

(5) Instructor licensure

(A) Application for licensure $100.00

(B) Biennial renewal $150.00

Sec. 34. 26 V.S.A. § 3181(b)(20) is added to read:

(b) Unprofessional conduct means any of the following:

* * *

(20) For armed and guard dog certified licensees, brandishing, exhibiting, displaying or otherwise misusing a firearm or guard dog in a careless, angry or threatening manner unnecessary for the course of the licensee’s duties.

* * * Clinical Mental Health Counselors * * *

Sec. 35. 26 V.S.A. § 3265(2) is amended to read:

(2) Shall have documented a minimum of 3,000 hours of supervised work in clinical mental health counseling over a minimum of two years of post-master's experience; and shall have documented a minimum of 100 hours of face-to-face supervision over a minimum of two years post-master's experience. Clinical work shall be performed under the supervision of a licensed physician certified in psychiatry by the American Board of Medical Specialties, a licensed psychiatric nurse practitioner, a licensed psychologist, a

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licensed clinical social worker or, a certified licensed marriage and family therapist, a licensed clinical mental health counselor or a person certified or licensed in another jurisdiction in one of these professions or in a profession which is their substantial equivalent; and

* * * Occupational Therapists * * *



As used in this chapter:

(1) "Occupational therapist" means a person who is certified licensed to practice occupational therapy under this chapter.

(2) "Occupational therapy assistant" means a person who is certified licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.

(3) "Director" means the director of the office of professional regulation.

(4) "Disciplinary action" includes any action taken by the director or by an administrative law officer established by 3 V.S.A. § 129(j) against an occupational therapist, occupational therapy assistant, or applicant premised on a finding that the occupational therapist, occupational therapy assistant, or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew certification licensure, suspending or revoking certification licensure and issuing warnings.

(5) "Occupational therapy" means the use of purposeful activity to maximize functional independence, prevent and remediate disability, and maintain the health of individuals who are limited by physical injury or illness, a cognitive impairment, psychosocial dysfunction, a mental illness, developmental or learning disabilities, or an adverse environmental condition. The practice of occupational therapy encompasses evaluation and testing, treatment, and consultation. Occupational therapists use skilled observation or administer and interpret standardized or nonstandardized tests and measurements to identify the need for occupational therapy services. Occupational therapists assess the need for and use of: the design, development, adaptation, or application of assistive technology devices; the design, fabrication, and application of rehabilitative technology such as selected orthotic devices; training in the use of assistive technology or orthotic and prosthetic devices; the application of therapeutic agents as an adjunct to, or in preparation for, purposeful activities; ergonomic principles; and the adaptation of environments and processes to enhance functional performance or the promotion of health and wellness. Occupational therapy services include: developing daily living skills; work readiness or work performance;

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play skills or leisure capacity; enhancing educational performance skills; assisting in the development of sensory-motor, perceptual or neuromuscular functioning, or range of motion; assisting in the development of emotional, motivational, cognitive, or psychosocial components of performance; or assisting individuals with eating/swallowing disorders. Occupational therapy services are provided individually, in groups, or through social systems, and may be carried out in consultation with the patient's family or other person interested in his or her welfare. “Occupational therapy practice” means the therapeutic use of purposeful and meaningful occupations (goal - directed activities) to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction which interferes with their ability to function independently in daily life roles, and to promote health and wellness. Occupational therapy intervention may include:

(A) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological processes;

(B) adaptation of task, process or the environment, or the teaching of compensatory techniques, in order to enhance performance;

(C) disability prevention methods and techniques which facilitate the development of safe application of performance skills;

(D) health promotion strategies and practices which enhance performance abilities.

(6) “Occupational therapy services” include, but are not limited to:

(A) evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work or productive activities, including instrumental activities of daily living, and play and leisure activities;

(B) evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance;

(C) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices;

(D) adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;

(E) application of physical agent modalities as an adjunct to or in preparation for engagement in occupations;

(F) evaluating and providing intervention in collaboration with the client, family, caregiver, or others;

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(G) educating the client, family, caregiver, or others in carrying out appropriate nonskilled interventions;

(H) consulting with groups, programs, organizations, or communities to provide population - based services.


§ 3352. PROHIBITION; OFFENSES

(a) No person shall practice or attempt to practice occupational therapy or hold himself or herself out as being able to do so in this state without first having obtained a license.

(b) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant unless certified licensed in accordance with this chapter.

(b)(c) A person who violates this section shall be fined not more than $1,000.00 for each occurrence.


(a) The director shall:

(1) provide general information to applicants for certification licensure as occupational therapists or occupational therapy assistants;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to occupational therapists, occupational therapy assistants and applicants, and complaint procedures to the public;

(4) receive applications for certification, certify licensure, license applicants under this chapter, renew certificates licenses, and revoke, suspend, reinstate or condition certificates licenses as ordered by an administrative law officer; and

(5) refer all disciplinary matters to an administrative law officer.


§ 3355. ELIGIBILITY

(a) To be eligible for certification licensure as an occupational therapist, an applicant:

(1) shall have a bachelor's or higher degree in occupational therapy from an educational institution approved by an accrediting agency accepted by the director successfully completed the academic requirements of an educational program for occupational therapists accredited by the American Occupational

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Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;

(2) shall have documented a minimum of six months' supervised work in occupational therapy; this clinical work shall be performed under the supervision of an occupational therapist who has been continuously engaged in the full-time active practice of occupational therapy for one or more years and who is either a certified occupational therapist in this state or has received the national professional designation of registered occupational therapist successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(b) To be eligible for certification licensure as an occupational therapy assistant, an applicant:

(1) shall have an associate's or higher degree in occupational therapy from an educational institution approved by an accrediting agency accepted by the director successfully completed the academic requirements of an educational program for occupational therapy assistants accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;

(2) shall have documented a minimum of two months' supervised work in occupational therapy, which shall be performed under the supervision of an occupational therapist or occupational therapy assistant who has been continuously engaged in the full-time active practice of occupational therapy for one or more years and who is either a certified occupational therapist or certified occupational therapy assistant in this state or has received the national professional designation of registered occupational therapist or certified occupational therapy assistant successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and

(3) shall pass an examination as provided in section 3357 of this title.

(c) Occupational therapist applicants must complete a minimum of 24 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.

(d) Occupational therapy assistant applicants must complete a minimum of 16 weeks of supervised fieldwork experience or satisfy any

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generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.


§ 3356. APPLICATION

To apply for certification licensure as an occupational therapist or occupational therapy assistant, a person shall apply to the director on a form furnished by the director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the director.


§ 3357. EXAMINATION

(a) Written examinations shall be conducted under this chapter by a nationally-recognized credentialing body approved by the director. Examinations shall be conducted at least twice a year, except that examinations need not be conducted when no one has applied to be examined.

(b) Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted certification licensure if they demonstrate that they possess the minimal occupational qualifications which are necessary for the protection of the public health, safety and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of certificate holders licensees. The director, with the advice of the advisor appointees, shall establish, by rule, fixed criteria for passing the examination that shall apply to all persons taking the examination.

* * *


§ 3358. CERTIFICATION LICENSURE WITHOUT EXAMINATION;

WAIVER OF EDUCATIONAL REQUIREMENT

* * *

(b) The director may waive the examination requirement if the applicant is certified prior to July 1, 1993 as a registered occupational therapist (OTR) or certified occupational therapy assistant (COTA) by the American Occupational Therapy Certification Board, if, in the opinion of the director, the standards and qualifications for such certification are at least equal to those required by this chapter.

(c) The director may waive the educational requirement for certification licensure as an occupational therapist, if the applicant is recognized by the American Occupational Therapy Certification Board as an A.O.T.A. as a

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certified occupational therapist after having qualified for and passed an occupational therapist examination, and the director determines that the examination so taken meets the requirements of section 3357 of this chapter.

Sec. 43. 26 V.S.A. § 3358a is added to read:

§ 3358a. TEMPORARY LICENSURE WITHOUT EXAMINATION

(a) A temporary license without examination for practice under the direction of an occupational therapist licensed in Vermont may be issued to a person who applies for the first time to practice occupational therapy in this state as an occupational therapist or as an occupational therapy assistant under section 3355 of this title and meets all other qualifications of that section.

(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or as an occupational therapy assistant until:

(1) the applicant takes the next examination provided by the director of the office of professional regulation under section 3357 of this title, and a determination is made of the applicant’s qualifications to practice in this state; or

(2) the necessary data for licensure without examination under section 3358 of this title is collected and ruled on by the director of the office of professional regulation.

(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the director of the office of professional regulation, and shall not be renewed except by the director of the office of professional regulation, subject to proof of an exceptional cause shown by the applicant.


§ 3359. RENEWALS

(a) Certification Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing education competence requirements, approved by the director, during the preceding two-year period. The director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education competence credit. The director may waive the continuing education competence requirement for the initial certification licensure period.

(b) Biennially, the director shall forward a renewal form to each certificate holder licensee. Upon receipt of the completed form and the renewal fee, the director shall issue a new certificate license.

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(c) Any application for renewal of a certificate license which has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the certificate license was lapsed.

(d) The director may, after notice and opportunity for reinstatement hearing, revoke a person's right to renew certification licensure if the certification license has lapsed for five or more years.



(a) A person certified licensed under this chapter or a person applying for a certificate license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

(1) Misrepresentation or concealment of a material fact to obtain, renew or reinstate a certificate license under this chapter.

* * *

(12) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person certified by licensed under this chapter.

(c) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a certificate license tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the occupational therapist or occupational therapy assistant, or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a certificate holder licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that an occupational therapist or occupational therapy assistant participate in continuing education as directed by the administrative law officer, in order to overcome specified deficiencies.

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(4) A requirement that the certificate holder's licensee’s scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked certificate license on terms and conditions he or she deems proper.

* * * Auricular Acupuncture * * *


(a) No Except as provided in section 3412 of this title, no person shall practice acupuncture unless he or she is licensed in accordance with the provisions of this chapter.


§ 3412. ACUPUNCTURE DETOXIFICATION; SPECIALIZED

CERTIFICATION

(a) A person not licensed under this chapter may obtain a specialized certification as an acupuncture detoxification technician to practice auricular acupuncture according to the National Acupuncture Detoxification Association protocol from the board for the purpose of the treatment of alcoholism, substance abuse or chemical dependency if he or she provides documentation of successful completion of a board-approved training program in acupuncture for the treatment of alcoholism, substance abuse or chemical dependency which meets or exceeds standards of training established by the National Acupuncture Detoxification Association.

(b) Treatment permitted under this section may only take place in a state, federal or board-approved site under the supervision of an individual licensed under this chapter and certified by the National Acupuncture Detoxification Association.

(c) A person practicing under this section shall be subject to the requirements of section 3410 of this title.

(d) Nothing in this section shall be construed to modify any of the requirements for licensure of acupuncturists contained in this chapter, nor shall it grant any rights to practice acupuncture which exceed the scope of this section.

(e) The fee for obtaining a specialized certification or renewal of a specialized certification under this section shall be that established in subsection 125(b) of Title 3.

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(f) Anyone certified under this section, while practicing the National Acupuncture Detoxification Association protocol, shall be referred to as an acupuncture detoxification technician.

* * * Speech-Language Pathologists and Audiologists * * *

Sec. 48. 26 V.S.A. chapter 87 is added to read:

CHAPTER 87. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS



(1) “Audiologist” means a person licensed to practice audiology under this chapter.

(2) “Audiology” means the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders, which includes all conditions that impede the normal process of human communication, including disorders of auditory sensitivity, acuity, function or processing.

(3) “Board” means the state board of education unless the context clearly requires otherwise.

(4) “Department” means the department of education.

(5) “Director” means the director of the office of professional regulation.

(6) “Disciplinary action” means any action taken by the administrative law officer appointed pursuant to subsection 129(j) of Title 3 against a licensee or applicant for licensure under this chapter, premised on a finding that the person has engaged in unprofessional conduct. “Disciplinary action” includes all sanctions of any kind, including obtaining injunctions, refusal to give an examination, refusal to grant or renew a license, suspension or revocation of a license, placement of limitations or restrictions upon a license, issuance of warnings, ordering restitution and other similar sanctions.

(7) “Hearing aid” means an amplifying device to be worn by a hearing - impaired person to improve hearing, including any accessories specifically used in connection with such a device, but excluding theater or auditorium wide-area listening devices, telephone amplifiers, or other devices designed to replace a hearing aid for restricted situations.

(8) “Practice of audiology” includes:

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(A) facilitating the conservation of auditory system function; developing and implementing environmental and occupational hearing conservation programs;

(B) screening, identifying, assessing and interpreting, diagnosing, preventing, and rehabilitating peripheral and central auditory system dysfunctions;

(C) providing and interpreting behavioral and electro-physiological measurements of auditory, vestibular and facial nerve functions;

(D) selecting, fitting and dispensing of hearing aids, amplification, assistive listening and alerting devices, implantable devices, and other systems and providing training in their use;

(E) dispensing hearing aids, including conducting and interpreting hearing tests for the purpose of selecting suitable hearing aids;

(F) making ear molds or impressions;

(G) providing instruction to patients on the care and use of hearing aids, auditory system functions, and hearing conservation;

(H) all acts pertaining to selling, renting, leasing, pricing, delivering and giving warranties for hearing aids;

(I) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families;

(J) screening of speech-language and other factors affecting communication function for the purposes of an audiologic evaluation, or initial identification of individuals with other communication disorders; and

(K) management of cerumen.

(9) “The practice of speech-language pathology” includes:

(A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, and preventing disorders of language and speech, including disorders involving articulation, fluency, and voice;

(B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function, including dysphagia and related disorders;

(C) screening, identifying, assessing and interpreting, diagnosing and rehabilitating communication disorders;

(D) assessing, selecting and developing augmentative and alternative communication systems and providing training in their use;

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(E) providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families;

(F) enhancing speech-language proficiency and communication effectiveness, including accent reduction; and

(G) screening of hearing and other factors for the purpose of speech - language evaluation or the initial identification of individuals with other communication disorders.

(10) “Private practice” means any work performed by a licensed speech - language pathologist or audiologist that is not within the jurisdiction of the state board of education.

(11) “Secretary” means the secretary of state.

(12) “Speech-language pathologist” means a person licensed to practice speech-language pathology under this chapter.

(13) “Speech-language pathology” means the application of principles, methods and procedures related to the development and disorders of human communication which include any and all conditions that impede the normal process of human communication.

(14) “Within the jurisdiction of the state board of education” means conduct or work performed by a licensed speech-language pathologist or audiologist on behalf of a supervisory union or public school district in Vermont or an independent school approved for special education purposes, or conduct otherwise subject to discipline under the state board of education licensing rules.

§ 4452. PROHIBITIONS; PENALTIES

(a) No person shall:

(1) practice or attempt to practice audiology or speech-language pathology or hold oneself out as being permitted to do so in this state unless the person is licensed in accordance with this chapter;

(2) use in connection with the person’s name, an insignia or any letters or words which indicate the person is an audiologist or a speech-language pathologist unless the person is licensed in accordance with this chapter; or

(3) practice audiology or speech-language pathology after the person’s license under this chapter has been suspended or revoked.

(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation may be imprisoned not more than 90 days or fined not more than $5,000.00, or both.

§ 4453. EXEMPTIONS- 1898 -

The provisions of section 4452 of this title shall not apply to the following persons:

(1) A person enrolled in a course of study leading to a degree or certificate in audiology or speech-language pathology at a school accredited by the American Speech-Language Hearing Association, provided:

(A) the activities and services performed constitute part of a supervised course of study;

(B) the person is designated by a title which clearly indicates the person’s student or trainee status; and

(C) the person is under the direct supervision of an audiologist or speech-language pathologist licensed in this state.

(2) A hearing aid dispenser performing services within the scope of a license under chapter 67 of this title.

§ 4454. CONSTRUCTION

(a) This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation which is regulated by this state from performing services within the scope of his or her professional practice.

(b) This chapter shall not be construed to limit the authority of the state board of education to determine and evaluate the qualifications of, issue licenses to, or discipline licensees who are within the jurisdiction of the state board of education or the Vermont standards board for professional educators.

§ 4455. ADVISOR APPOINTEES

(a) The secretary, in consultation with the commissioner of education, shall appoint two individuals to serve as advisors in matters related to audiology and speech-language pathology. One advisor shall be a licensed speech-language pathologist, and one advisor shall be an audiologist. Advisors who are

speech-language pathologists or audiologists shall have not less than three years’ experience as audiologists or speech-language pathologists immediately preceding appointment, and shall be actively engaged in the practice of audiology or speech-language pathology in Vermont during incumbency. The advisors shall be appointed for staggered terms of three years, and shall serve at the pleasure of the secretary. One of the initial appointments may be for less than a three-year term.

(b) The secretary shall seek the advice of the individuals appointed under this section in matters related to qualifications or alleged misconduct not within the jurisdiction of the state board of education. The advisors shall be entitled to compensation and necessary expenses as provided in section 1010 of Title 32 for meetings called by the director.

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(c) The secretary may seek the advice of other audiologists and speech - language pathologists licensed under this chapter.

§ 4456. COMMISSIONER OF EDUCATION; DUTIES

(a) The commissioner of education shall administer the application and renewal process for all licensees under this chapter, and shall:

(1) provide information to applicants for licensure under this chapter;

(2) administer fees collected under this chapter;

(3) explain appeal procedures to licensees and applicants, and explain complaint procedures to the public;

(4) explain sanctions, including license revocation and suspension, which may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;

(5) receive applications for licensure, grant licensure under this chapter, renew licenses and deny, revoke, suspend, reinstate or condition licenses as directed by the administrative law officer;

(6) refer all complaints and disciplinary matters not within the jurisdiction of the state board of education to the secretary of state;

(7) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter;

(8) prepare and maintain a registry of licensed speech-language pathologists and audiologists; and

(9) issue to each person licensed a certificate of licensure which shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed audiologist or speech-language pathologist, subject to the conditions and limitations of this chapter.

(b) The department may contract with the secretary for provision of adjudicative services of one or more administrative law officers and other investigative, legal and administrative services related to licensure and discipline of speech-language pathologists and audiologists.

§ 4457. LICENSURE; APPLICATIONS; ELIGIBILITY

Applicants for licenses under this chapter shall submit an application to the department on a form furnished by the department, along with payment of the specified fee and evidence of the eligibility qualifications established by the state board of education which shall include, at a minimum:

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(1) A master’s degree or equivalent in audiology or speech-language pathology from an educational institution approved by the department with course work completed in areas specified by rule.

(2) Completion of a supervised clinical practicum, the length and content of which shall be established by rule.

(3) Completion of a period, as determined by rule, of postgraduate professional training as approved by the department.

(4) Passing an examination in audiology or speech-language pathology approved by the department, which, in the case of the audiology examination, shall include a section which is equivalent to the hearing aid dispensers examination described in section 3295 of this title. Audiologists who have passed an examination chosen by the department are not required to take the hearing aid dispensers examination required by section 3295.

§ 4458. RENEWALS; CONTINUING EDUCATION

(a) A license shall be renewed at an interval determined by the state board of education which shall be no fewer than every two years and no more than every seven years upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the department or the Vermont standards board for professional educators, during the interval. The board shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter.

(b) At the time interval required for renewal, the department shall forward a renewal form to each licensee. Upon receipt of the completed application and the renewal fee, the department shall issue a new license.

§ 4459. FEES

(a) Each applicant and licensee shall be subject to the following fees:

(1) Initial processing of application $35.00

(2) Issuance of initial license $35.00 per year

for the term of the license

(3) Renewal of license $35.00 per year

for the term of the renewal

(4) Replacement of license $10.00

(5) Duplicate license $3.00

(b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of Title 32, and

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shall be available to the department to offset the costs of providing those services.

§ 4460. RECORDS AND EQUIPMENT

(a) A licensee in private practice shall maintain records relating to goods and services provided by the licensee, and, upon request, shall make such records available to the director for review. A licensee shall maintain records required to be kept under this section for a period of at least seven years from the date the goods or services were provided.

(b) A licensee shall make testing equipment available for periodic inspection by the director or the director’s designee, and shall have all testing equipment calibrated annually by the manufacturer or a qualified testing service in accordance with the American National Standards Institute specifications.

(c) The secretary shall adopt rules implementing the provisions of this section.

§ 4461. PRICES TO BE DISCLOSED

A licensee in private practice shall disclose in a clear and conspicuous manner the range of prices charged for goods and services. The disclosure schedule shall be posted in each licensee’s office, and a written copy given to each client prior to any sale. Disclosures shall be in the manner set forth by the department, by rule.

§ 4462. TERMS OF SALE; 45-DAY TRIAL PERIOD

(a) All sales contracts for equipment sold by licensees in private practice to persons in this state, including, but not limited to, hearing aids and augmentative communication devices, shall contain a clause which requires the licensee to refund the full product price of the equipment, except for the cost of ear molds and service, up to 45 days from the date of delivery of any new or substantially refabricated equipment or aid if, in the opinion of the consumer, the equipment or aid is not satisfactory. If the returned equipment or aid is damaged while in the possession of the consumer, the amount refunded shall be reduced by the reasonable amount of the damage. The equipment or aid may not be sold thereafter as new. For purposes of this subsection, “cost of service” means the actual cost of the service provided to fit the hearing aid or install or prepare the equipment, but shall not exceed five percent of the sale price or $50.00, whichever is greater.

(b) The complete terms of the sale, including the terms of the 45-day trial period, the individual prices for goods and services sold and such other information as the director may require, shall be disclosed, in writing, to the consumer before the sale is completed.

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(c) If the equipment or hearing aid is in the possession of the licensee, manufacturer, repair person or their agents during the trial period, the period of time the equipment or hearing aid is in such possession shall not be included in the calculation of the 45-day trial period.

§ 4463. MAINTENANCE OF BUSINESS ADDRESS; DISPLAY OF

LICENSE

A licensee in private practice shall maintain a Vermont business address, office and telephone number at which the licensee can normally be reached, and shall conspicuously display a copy of the license at each place of business the licensee maintains.


(a) A licensee or applicant shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) Willfully making or filing false reports or records in the practice of audiology, dispensing hearing aids or speech-language pathology, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper report or record;

(2) Aiding or abetting a person, directly or indirectly, to commit an unauthorized practice;

(3) Giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;

(4) Advertising or making a representation which is intended or has a tendency to deceive the public, including:

(A) advertising a particular type of service, equipment or hearing aid when the particular service, equipment or hearing aid is not available;

(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment;

(C) advertising or making any statement related to the practice of speech-language pathology or audiology which is intended to or tends to deceive or mislead the public;

(D) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation;

- 1903 -

(5) Engaging in any unfair or deceptive act or practice within the meaning of section 2453 of Title 9 relating to consumer fraud;

(6) Willfully failing to honor any representation, promise, agreement or warranty to a client or consumer;

(7) Professional negligence or malpractice;

(8) Any of the following, except when reasonably undertaken in an emergency situation in order to protect life or health:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing professional or occupational responsibilities which the licensee knows or has reason to know the licensee is not competent to perform; or

(C) performing professional or occupational services which have not been authorized by the consumer or his or her legal representative;

(9) Failing to make available, upon request of a person using the licensee’s services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting persons;

(10) Sexual harassment of a patient or client;

(11) Engaging in a sexual act as defined in section 3251 of Title 13 with a patient;

(12) Conviction of a crime related to the practice of audiology or speech-language pathology;

(13) Discouraging clients or consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law;

(14) Failing to inform a consumer prior to sale of a hearing aid that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer’s best health interest;

(15) Engaging in fraud in connection with any state or federally-assisted medical assistance programs; or

(16) Violating any of the Code of Ethics of the American Speech - Language Hearing Association.

Sec. 49. TRANSITIONAL PROVISIONS

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(a) The department shall waive the education, practicum or professional training requirement set forth in section 4457 of Title 26 for applicants in private practice who meet the following conditions:

(1) Provision of proof of employment as an audiologist or speech-language pathologist in this state on the effective date of this act.

(2) Passage of the examination.

(3) Application for a license under chapter 87 of Title 26 within one year after the effective date of this act.

(b) Waivers under subsection (a) of this section shall expire five years after the effective date of this act.

(c) Notwithstanding the provisions of section 4455 of Title 26, requiring that the speech-language pathologist and audiologist advisor appointees be licensed under chapter 87 of Title 26, initial appointees shall be qualified for licensure under subdivisions 4457(1), (2) and (3) of Title 26, and shall become licensed during incumbency.

(d) Speech-language pathologists and audiologists within the jurisdiction of the board on the effective date of this act shall meet the licensure renewal requirements of the board.

Sec. 50. 26 V.S.A. § 3291(c) is added to read:

(c) Audiologists licensed pursuant to chapter 87 of this title may dispense hearing aids consistent with the requirements of that chapter. Licensed audiologists are not required to obtain a separate license to dispense hearing aids.

Sec. 51. 26 V.S.A. § 3102(b) is amended to read:

(b) The following laws are subject to review:

* * *

(28) Chapter 67 of Title 26 on hearing aid dispensers.;

(29) Chapter 79 of Title 26 on tattooists.;

(30) Chapter 81 of Title 26 on naturopathic physicians.;

(31) Chapter 83 of Title 26 on athletic trainers;

(32) Chapter 87 of Title 26 on audiologists and speech-language pathologists.

Sec. 52. 3 V.S.A. § 122(41) is added to read:

(41) Audiologists and speech-language pathologists.

Sec. 53. 16 V.S.A. § 164(5) is amended to read:- 1905 -

(5) Make regulations governing the licensing and qualification of all public school teachers, administrators, speech-language pathologists and audiologists as provided in chapter 87 of Title 26, and other school personnel who are subject to licensing as determined by the state board, and for the recognition of teacher or administrator licenses issued by other states which will qualify a person to teach or administer in this state, provided such other state shall recognize by substantially reciprocal regulations or laws, licenses issued by this state. A license may be revoked for cause by the state board.

* * * Auctioneers * * *


CHAPTER 89. AUCTIONEERS

§ 4601. LICENSE REVOCATION

The secretary of state may license, in writing, resident and nonresident auctioneers to sell real and personal property in the state. The secretary of state may revoke a license so granted or otherwise discipline a licensee when, in the secretary’s judgment, the public good requires.



(1) "Director" means the director of the office of professional regulation.

(2) "Disciplinary action" means any action taken by an administrative law officer established under subsection 129(j) of Title 3 against a licensed auctioneer or an applicant. It includes all sanctions of any kind, including the denial of licensure, the issuance of warnings, reprimands, conditions, suspensions or revocations of licensure.

§ 4603. PROHIBITION; PENALTY

(a) No person shall use in connection with the person's name any letters, words or insignia indicating or implying that the person is a licensed auctioneer unless the person is licensed in accordance with this chapter.

(b) A person who violates this section shall be fined not more than $1,000.00 for each occurrence.

§ 4604. DIRECTOR; DUTIES

(a) The director shall have the following duties:

(1) provide general information to applicants for licensure as auctioneers;

(2) explain appeal procedures to licensed auctioneers and applicants, and complaint procedures to the public;

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(3) administer fees established by law;

(4) receive applications for licensure, issue licenses to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition and reinstate licenses as ordered by an administrative law officer;

(5) refer complaints and disciplinary matters to an administrative law officer.

(b) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter.

§ 4605. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two licensed auctioneers for

five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an auctioneer immediately preceding appointment, and shall be actively engaged in practice as an auctioneer in Vermont during incumbency.

(b) The director shall seek the advice of the auctioneer advisors in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4606. APPLICATION

A person who desires to be licensed as an auctioneer shall apply to the director, in writing, on a form furnished by the director, accompanied by payment of the required fee.

§ 4607. RENEWALS

(a) Licenses shall be renewed every two years upon payment of the required fee.

(b) Biennially, the director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.

(c) Any application for reinstatement of a license which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the license was lapsed.

§ 4608. CLAIMS

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Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made.


(a) The term “unprofessional conduct” means misusing a title in professional activities and any of the conduct listed in section 129a of Title 3, whether committed by a licensed auctioneer or an applicant.

(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed auctioneer or applicant.

Sec. 55. REPEAL

26 V.S.A. § 1214 (limitation on funeral director reception of dead human bodies) and 32 V.S.A. c hapter 203 (auctioneers) are repealed.

Sec. 56. EFFECTIVE DATES; APPLICATION

(a) This act shall take effect on July 1, 2002, except that the provisions of section 4452 of Title 26 (prohibitions and penalties for unauthorized practice and use of title for speech-language pathologists and audiologists) shall take effect from passage.

(b) No license shall be issued under sections 48-53 of this act prior to July 1, 2003.

Amendment to be offered by Rep. Hingtgen of Burlington to the proposal of amendment to S. 241

Moves that the proposal of amendment be amended by striking Sec. 26 in its entirety and inserting in lieu thereof a new Sec. 26 to read as follows:


§ 2405. IMMUNITY FROM LIABILITY FOR GOOD SAMARITAN ACTS

(a) For purposes of this section, an “emergency” shall include a fire, flood, storm or other natural disaster, hazardous chemical or substance incident, vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life.

(b) A veterinarian licensed by the board or any other person who, in good faith, provides care and treatment to an animal during an emergency shall not be held liable for civil damages by the owner of the animal, unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration.

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(c) Nothing contained in this section shall alter existing law with respect to tort liability of a practitioner of veterinary medicine for acts committed in the ordinary course of his or her practice.

Amendment to proposal of amendment to be offered by Rep. Atkins of Winooski to S. 241

Moves the proposal of amendment be amended in Sec. 31, by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b) The board shall license instructors of such training courses, and shall adopt rules governing the licensure of instructors and the approval of firearms and guard dog training programs. An approved firearms training program shall be for a minimum of 80 hours, shall include a written assessment, marksmanship skills assessment and decision-making assessment, and shall cover the following subjects:

(1) firearms liability;

(2) use of force continuum policies;

(3) deadly force application and policies;

(4) case law reviews;

(5) handgun safety, including storage at home and office;

(6) handgun maintenance;

(7) handgun marksmanship skill; and

(8) instructional leadership skills.

Amendment to proposal of amendment to be offered by Rep. Larose to S. 241

Moves to amend the proposal by adding a new Sec. 47a to read as follows:

Sec. 47a. NATUROPATHIC MEDICINE; OFFICE OF PROFESSIONAL

REGULATION; REPORT

The director of the Office of Professional Regulation, with the assistance of the naturopathic physician advisor appointees described in section 4126 of Title 26, shall perform a comprehensive review of the effectiveness and results of Ceylation Therapy. By January 1, 2003, the director shall file a report with the General Assembly which describes the review performed and which makes recommendations on how the General Assembly may promote the use of Ceylation Therapy.

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Third Reading

S. 223

An act relating to the unified health care budget, continuation of group health insurance coverage, and coverage of persons under the influence of alcohol or drugs.

New Business

Favorable with Amendment

S. 138

An act relating to standards for labeling of electricity for resale.

Rep. Rosenquist of Georgia, for the Committee on Commerce, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 30 V.S.A. § 209(f) is added to read:

(f) The public service board may prescribe, by rule or order, standards for the labeling of electricity delivered or intended for delivery to ultimate consumers as to price, terms, sources and objective environmental impacts, along with such procedures as it deems necessary for verification of information contained in such labels. The public service board may prescribe, by rule or by order, standards and criteria for the substantiation of such labeling or of any claims regarding the price, terms, sources and environmental impacts of electricity delivered or intended for delivery to ultimate consumers in Vermont, along with enforcement procedures and penalties. When establishing standards for the labeling of electricity, the board shall weigh the cost, as well as the benefits, of compliance with such standards. With respect to companies distributing electricity to ultimate consumers, the board may order disclosure and publication, not to occur more than once each year, of any labeling required pursuant to the standards established by this subsection. Standards established under this subsection may include provisions for:

(1) the form of labels;

(2) information on retail and wholesale price;

(3) terms and conditions of service;

(4) types of generation resources in a seller’s mix and percentage of power produced from each source;

(5) disclosure of the environmental effects of each energy source; and

(6) a description of other services, including, but not limited to, energy services or energy efficiency opportunities.

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Sec. 2. 30 V.S.A. § 209(a)(9) is added to read:

(9) The issuance of qualified cost mitigation charge orders pertaining to facilities described in subdivision (8) of this subsection, subject to the terms and conditions of section 209a of this title.


§ 209a . QUALIFIED COST MITIGATION CHARGE ORDERS

( a ) Definitions. As used in this section:

(1) “Electric utility” means any entity engaged in the distribution of electricity directly to the consumers within the state of Vermont.

( 2 ) “Issuer” means any entity approved in a qualified cost mitigation charge order to issue mitigation bonds; “issuer” may include, but is not limited to, the Vermont qualifying facility contract mitigation authority or the Vermont Public Power Supply Authority.

( 3 ) “Mitigation bond” means a note, bond, debenture or any other evidence of indebtedness or certificate evidencing an interest in any evidence of indebtedness authorized by a qualified cost mitigation charge order.

( 4 ) “Mitigation charge” means any volumetric charge imposed by the board pursuant to a qualified cost mitigation charge order.

( 5 ) “Participating qualifying facility” means any facility described in subdivision 209(a)(8) of this title.

(6) “Power purchase arrangement” means a contract for sale of electricity between a participating qualifying facility with a capacity of 900 kilowatts or greater and a Rule 4.100 purchasing agent, approved by the board on or before January 1, 1995.

(7) “Qualified cost mitigation charge order” means an order of the board that complies with the requirements of this section.

(8) “Rule 4.100” means public service board Rule 4.100 or any amended or successor rule regarding small power production or cogeneration.

(9) “Rule 4.100 purchasing agent” means an entity designated by the board to perform the power and financial accounting requirements of Rule 4.100.

(10) “Savings” means the total benefit to electric ratepayers resulting from a qualified cost mitigation charge order, including specifically those benefits resulting from modifications of purchase power arrangements and benefits attributable to the availability of a qualified cost mitigation charge order to pay for those modifications, offset by the costs incurred to obtain the qualified cost mitigation charge order and purchase power arrangement

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modifications.

(b) General. Upon an application submitted by the Rule 4.100 purchasing agent or other person or entity, and subject to the terms and conditions of this section, the board may issue one or more qualified cost mitigation charge orders. A qualified cost mitigation charge order shall impose mitigation charges payable to the issuer of mitigation bonds in order to finance the costs associated with mitigating one or more power purchase arrangements.

(c) Qualified cost mitigation charge order provisions. A qualified cost mitigation order shall contain, at a minimum, all of the following:

(1) a finding that a qualified cost mitigation charge order will promote the general good within the state of Vermont;

(2) a uniform mitigation charge imposed for the benefit of the issuer on the consumption of all electricity within the state of Vermont to the extent such electricity is conveyed to consumers by electric utilities, and a requirement that such charge be reflected on ratepayer bills in a manner which clearly reflects both the amount of the charge and the reduction in power costs resulting from the charge;

(3) a specific mechanism for automatic adjustment of the mitigation charge, at least annually, in accordance with electricity consumption forecasts prepared by the Rule 4.100 purchasing agent or other entity approved by the board, so that the mitigation charge is imposed at all levels designed to provide revenues sufficient to make timely payments of accrued interest and scheduled principal on all mitigation bonds, as well as ongoing administrative expenses, credit enhancement fees and scheduled overcollateralization amounts with respect to such mitigation bonds. This automatic adjustment may implement a system in which the mitigation charge is initially paid in full by the electric utilities, and uncollectable amounts plus reasonable carrying costs are reimbursed to the utilities as part of the adjustment;

(4) the covenant and pledge of the state of Vermont set forth in subsection (h) of this section.

(d) Approval by the board. The board may approve a qualified cost mitigation charge order for buydowns or other appropriate modifications, except buyouts, of power purchase arrangements upon finding that such an order will promote the general good within the state of Vermont. To determine that such an order will promote the general good, the board shall find that:

(1) significant, quantifiable savings are substantially likely to result from the buydowns and other appropriate modification of purchase power arrangements and the amount of such savings;

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(2) such savings will be passed on to electric ratepayers pursuant to subsection (m) of this section;

(3) facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications will be reasonably assured to continue to operate for the life of their power purchase arrangements;

(e) Additional factors. The board shall also give consideration to the following factors:

(1) the feasibility of any prospective alternative methods of achieving ratepayer savings;

(2) any impact of the transaction on existing or prospective opportunities for electric consumers to exercise retail choice;

(3) the impact of the transaction on renewable energy resources;

(4) the specific regulatory and accounting treatment that will be required of the purchasing agent, the issuer, the participating qualifying facilities and the participating electric utilities; and

(5) such other related factors as the board deems appropriate.

(f) Collections and remittances. Mitigation charges and the right to receive mitigation charges shall be property of the issuer. The right to receive mitigation charges shall constitute a present interest in property. If requested by the issuer or any successor that is entitled to receive mitigation charges, mitigation charges shall be collected by each participating electric utility for the benefit of the issuer or the issuer’s transferee. Mitigation charges collected by an electric utility shall be remitted by such electric utility to the issuer or its designee within one month after receipt thereof by such electric utility, or such shorter period as shall be designated by the board. Upon 30 days’ written notice to an electric utility, the issuer or any successor entitled to receive mitigation charges at any time and for any reason may direct that the electric utility shall cease to collect mitigation charges. Any electric utility in possession of mitigation charges shall have no right, title or interest in such collections, but rather shall hold such collections in trust for the benefit of the issuer.

(g) Nonbypassable. Mitigation charges shall be separately stated on consumers’ retail electric bills, and shall be payable regardless of any change in structure or identity of the electric utility, and regardless of any change in ownership or operation of any electric generation, transmission or distribution facilities. If a consumer pays only part of its electric bill for any period, a pro rata portion of the payment may be applied to payment of the mitigation charge for the period.

(h) State pledge. The state of Vermont covenants and pledges for the - 1913 -

benefit of the issuer, any assignee of the issuer, and the owners of mitigation bonds that neither the mitigation charge nor the automatic adjustment mechanism set forth in subsection (e) of this section shall be altered, revoked, amended, postponed, impaired, limited or terminated by the state of Vermont, by the board or by any other agency or instrumentality of the state, absent adequate provision for the protection of the issuer, any designee of the issuer, and the owners of the mitigation bonds. The board, as agent of the state of Vermont, is authorized and directed to deliver written confirmation of this covenant and pledge in connection with the issuance of all mitigation bonds.

(i) Bankruptcy. A qualified cost mitigation charge order shall remain in full force and effect, notwithstanding any bankruptcy, reorganization or other insolvency proceeding with respect to:

(1) any electric utility or successor or assign of any electric utility; or

(2) the Rule 4.100 purchasing agent or any successor or assign of the Rule 4.100 purchasing agent.

(j) Assignment of mitigation charge revenues. The issuer may grant a security interest in, or otherwise assign mitigation charges and the right to receive mitigation charges in connection with, the issuance of mitigation bonds. Such grant or assignment shall be valid and enforceable without delivery or filing.

(k) Hearing procedure. A qualified cost mitigation charge order shall be issued only upon hearing, following due notice to all electric utilities, the owners of all participating qualifying facilities, the department and the Rule 4.100 purchasing agent. A qualified cost mitigation charge order issued under this section shall involve all of the state’s electric utilities, absent a showing of good cause by any such utility as to why the requirements and customer benefits resulting from a qualified cost mitigation charge order should not be applicable to it.

(l) Pass through of savings. A qualified cost mitigation charge order shall contain measures to assure that savings resulting from that order are passed through to the benefit of electric ratepayers. Such measures may include, but shall not be limited to, reduction in utility regulatory assets or creation of regulatory liabilities, adjustments to depreciation or amortization schedules, or the filing of revised tariffs reflecting such savings, which tariffs may be ordered by the board without regard to the remaining provisions of this title.

(m) In establishing the appraisal value for the assessment of property taxes on the facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications, the municipality may include the amount of any cost mitigation payments made under the authority of this section. For municipalities using an income-based valuation method , the value

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of any lump sum mitigation payment shall be amortized or prorated over the period of the cost mitigation contract.

Sec. 4. 10 V.S.A. chapter 11A is added to read:

CHAPTER 11A. VERMONT QUALIFYING FACILITY CONTRACT MITIGATION AUTHORITY

Subchapter 1. General Provisions

§ 171. LEGISLATIVE FINDINGS

(a) The legislature finds it is necessary and strongly in the public interest to assist in the restructuring of power purchase arrangements as defined in subdivision 209a(a)(6) of Title 30 by financing the buydowns or other appropriate modifications, except buyouts, of those power purchase arrangements.

(b) The legislature further finds the availability of a mechanism to facilitate such buydowns or other appropriate modifications, except buyouts, of power purchase arrangements will promote the prosperity and general welfare of all citizens, and that this chapter is necessary and desirable in order to accomplish these purposes.

(c) The legislature further finds the lowest cost capital will be made available to the extent financing can be accomplished through:

(1) an entity that is bankruptcy - remote from other parties; and

(2) the issuance of bonds, the interest on which is excluded from federal gross income.

(d) Therefore, the general public advantage requires low-cost capital be made available to finance such arrangements, that the provision of such capital is best accomplished through creation of a state authority uniquely suited to that purpose, and that maximum feasible use of the personnel and experience of the Vermont economic development authority in this context will best serve the public interest.

§ 172. DEFINITIONS


(1) “Authority” means the Vermont qualifying facility contract mitigation authority established under section 173 of this title.

(2) “Debt service” means the amounts required to pay mitigation bonds according to their terms, and shall include amounts representing principal, premium and interest, including interest on overdue payments.

(3) “Eligible charges” means qualified cost mitigation charges imposed

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pursuant to section 209a of Title 30.

(4) “Financing document” means a written instrument establishing the rights and responsibilities of the authority with respect to a project financed by the issue of mitigation bonds. A financing document may be in the nature of a pledge, an installment sale, a secured or unsecured loan or other similar transaction, may bear any appropriate title and may involve property in addition to the mitigation charges created pursuant to section 209a of Title 30. The authority’s interest in eligible charges under a financing document may be that of owner, conditional or installment vendor, pledgor, pledgee or otherwise.

(5) “Maturity date” means the date upon which a mitigation bond secured directly or indirectly by a pledge of eligible charges would be extinguished if paid in accordance with the terms of the mitigation bond.

(6) “Mitigation bond” has the meaning set forth in subdivision 209a(a) (3) of Title 30.

(7) “Mitigation cost” means the cost of buying down or modifying the terms of one or more power purchase arrangements, including the transaction and other costs incurred to implement the buydowns and other power purchase arrangement modifications.

(8) “Mitigation effort” means the program of buying down or modifying the terms of one or more power purchase arrangements.

(9) “Participating qualifying facility” means any facility described in subdivision 209(a)(8) of Title 30, and whose power purchase arrangement is a component of a mitigation effort as defined in subdivision (8) of this section.

(10) “Power purchase arrangement” has the meaning set forth in subdivision 209a(a)(6) of Title 30.

(11) “Qualified cost mitigation charge order” has the meaning set forth in subdivision 209a(a)(7) of Title 30.

(12) “Rule 4.100” means public service board Rule 4.100 or any amended or successor rule regarding small power production or cogeneration.

(13) “Rule 4.100 purchasing agent” means an entity designated by the board to perform the power purchase and financial accounting requirements of Rule 4.100.

(14) “Security document” means a written instrument establishing the rights and responsibilities of the authority and the holders of mitigation bonds issued to finance eligible charges, and may provide for a trustee for the benefit of the holders of these mitigation bonds. A security document may contain an assignment, grant of a security interest, pledge or other encumbrance of all or part of the authority’s interest in, or right to receive payments with respect to,

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eligible charges under a financing document, and may bear any appropriate title. A financing document and a security document may be combined as one instrument.

§ 173. AUTHORITY; ORGANIZATION

(a) The Vermont qualifying facility contract mitigation authority is hereby created and established as a body corporate and politic and a public instrumentality of the state. The exercise by the authority of the powers conferred upon it in this chapter constitutes the performance of essential governmental functions.

(b) The authority shall have 13 voting members, who shall be the voting members of the Vermont economic development authority, plus one additional individual appointed by the governor. They shall be compensated at the rate of $50.00 a day for time spent in the performance of their duties, and they shall be reimbursed for necessary expenses incurred in the performance of their duties. The manager of the Vermont economic development authority shall also serve as the manager of this authority, and the Vermont economic development authority shall also have the authority to contract with this authority for the provision of management and staffing needs.

(c) The authority shall select a chair, vice chair, and treasurer from among its members.

(d) Any net earnings of the authority, beyond that necessary for retirement of the indebtedness, may be applied toward the reduction of any customer charge assessed under any qualified cost mitigation charge order.

(e) Upon dissolution of the authority, title to all property owned by the authority shall vest in the state of Vermont.

(f) The authority shall not avail itself of federal bankruptcy law.

§ 174. AUTHORITY; GENERAL POWERS

The authority is hereby authorized:

(1) Pursuant to the specific directives and terms of any qualified cost mitigation charge order issued by the public service board pursuant to section 209a of Title 30, to borrow money, make and issue negotiable bonds, notes, commercial paper; and give other evidences of indebtedness or obligations, including, without limitation, mitigation bonds pursuant to subchapter 2 of this chapter, and give security therefor. Such evidences of indebtedness or obligations may be incurred for any of the authority’s corporate purposes. Such evidences of indebtedness or obligations shall be in such form and denominations, and with such terms and provisions, including the maturity date or dates, redemption provisions and other provisions necessary or desirable. Such evidences of indebtedness or obligations shall be either

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taxable or tax-exempt, and shall be noninterest bearing, or bear interest at such rate or rates, which may be fixed or variable, as may be sufficient or necessary to effect the issuance and sale or resale thereof. The authority is authorized to enter into such agreements with other persons as the authority deems necessary or appropriate in connection with the issuance, sale, and resale of such evidences of indebtedness or obligations, including, without limitation, trust indentures, bond purchase agreements, disclosure agreements, remarketing agreements, agreements providing liquidity or credit facilities, bond insurance, or other credit enhancements in connection with such evidences of indebtedness or obligations. The authority is authorized to resell or retire any such evidences of indebtedness or obligations prior to the stated maturity thereof. No indebtedness shall be issued by the authority without the written approval of the state treasurer, which approval shall be given if, based upon his or her investigation, the state treasurer has certified that:

(A) none of the nationally-recognized credit rating agencies that rate general obligation debt of the state of Vermont has concluded that such indebtedness will be included in the state of Vermont’s debt statement, as prepared by such rating agencies; or

(B) the financing structure and flow of funds for such indebtedness will not result in such indebtedness being counted as net tax supported debt, or its equivalent, on the state of Vermont’s debt statement, as prepared by any of the nationally-recognized credit rating agencies that rate general obligation debt of the state of Vermont.

(2) To acquire, hold and dispose of real and personal property; to enter into all contracts, leases, agreements and arrangements and to do all lawful acts and things necessary or incidental to the performance of its duties and the execution of its powers under this chapter, and in accordance with a qualified cost mitigation charge order issued by the public service board.

(3) To collect and receive eligible charges to assist in meeting the expenses of the authority incurred under this chapter.

(4) To sue and be sued in its own name and plead and be impleaded; service of process upon the authority in any action shall be made by service upon the secretary of state, either by hand or by leaving a copy of the process at the office of the secretary.

§ 175. RECORDS; ANNUAL REPORT; AUDIT

(a) The authority shall keep an accurate account of all its activities and of all its receipts and expenditures.

(b) Each year, prior to February 1, the authority shall submit a report of its activities for the preceding fiscal year to the governor and to the general

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assembly. The report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant. The cost of the audit shall be considered an expense of the authority, and a copy of the audit shall be filed with the state treasurer.

(c) The auditor of accounts of the state and authorized representatives of the auditor may, at any time, examine the accounts and books of the authority.

Subchapter 2. Mitigation Bonds

§ 176. FINANCING DOCUMENTS

(a) A financing document shall provide for:

(1) payments or deposits at such times and in such amounts as are necessary in order to pay the scheduled debt service as it becomes due on all mitigation bonds issued by the authority; and

(2) the payment of all the costs and expenses of operating and administering the mitigation bond program.

(b) A financing document may:

(1) Provide for payments or deposits by the authority which include amounts in addition to the amounts required to pay scheduled debt service and other amounts required pursuant to security documents;

(2) Pursuant to subsection 209a(h) of Title 30, provide that some or all of the obligations of the authority and of the state of Vermont shall be unconditional, and shall be binding and enforceable in all circumstances whatsoever, notwithstanding any other provision of law; and

(3) Contain such other provisions and covenants relating to the eligible charges as the authority deems necessary or desirable for the protection of the authority and of the state of Vermont or others.

§ 177. SECURITY DOCUMENTS

(a) An assignment, pledge or other encumbrance of all or part of the authority’s right to receive payments with respect to eligible charges contained in a security document shall be fully effective from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money, and without any filing or recording under the Uniform Commercial Code or otherwise, and the Uniform Commercial Code shall not apply to such assignment, pledge or other encumbrances.

(b) A security document may contain covenants of the authority as to:

(1) the creation and maintenance of reserves;- 1919 -

(2) the issuance of other mitigation bonds with respect to eligible charges;

(3) the custody, investment and application of monies;

(4) the use of surplus mitigation bond proceeds to redeem mitigation bonds or to reduce charges to customers under any qualified cost mitigation charge order;

(5) action by the authority in the event of a default in connection with the assessment, collection, processing, administration or remittance of eligible charges;

(6) any servicing agreement, administration agreement or other agreement for services;

(7) the subjecting of additional property or charges to the lien of the security document;

(8) any other matter which affects the security for the mitigation bonds in any way;

(9) pledging any other security and monies, whether such security or monies are acquired by or on behalf of the authority to secure the payment of the mitigation bonds.

(c) A security document may limit the rights of holders of mitigation bonds of the authority to enforce obligations of the authority thereunder or under the financing document.

§ 178. MITIGATION BONDS

(a) From time to time the authority may issue mitigation bonds to pay costs of any mitigation effort which has been approved by the public service board in a qualified cost mitigation charge order, or to refund mitigation bonds previously issued by the authority. Mitigation bonds issued by the authority shall be in accordance with all terms and conditions set forth in the applicable qualified cost mitigation charge order.

(b) Mitigation bonds issued under this section shall bear the manual or facsimile signature of the manager or treasurer of the authority and the manual or facsimile signature of the chair or vice chair of the authority; provided, however, at least one of the foregoing signatures shall be manual unless the mitigation bonds are to be manually authenticated by a bank or trust company serving as trustee for the mitigation bonds. Mitigation bonds of the authority shall be sold by the signing officers at public or private sale, and the proceeds thereof shall be paid to the trustee under the security document which secures the mitigation bonds.

(c) No financing or security document, bond or other instrument issued or - 1920 -

entered into in the name and on behalf of the state under this subchapter shall in any way obligate the state of Vermont to raise any money by taxation or use other funds for any purpose to pay any debt or meet any financial obligation to any person at any time in relation to a project financed in whole or in part by the issue of the authority’s mitigation bonds under this subchapter, except from monies received or to be received under a financing or security document entered into under this subchapter or except as may be required by any other provision of law or from eligible charges to the extent eligible charges are property of the state of Vermont.

(d) Mitigation bonds of the authority authorized under this subchapter may, in accordance with a qualified cost mitigation charge order, be issued:

(1) in one or more series of one or more denominations and bearing one or more rates of interest;

(2) in registered form or in bearer form with or without privileges of conversion and reconversion from one form to the other;

(3) payable in serial installments, as term bonds, or as asset-backed securities, and any series may consist of any or all types of bonds; and

(4) subject to redemption prior to maturity, with or without the payment of any redemption premium, in accordance with the provisions of the security document.

(e) The price at which mitigation bonds of the authority are sold may be par or may be more or less than par, but the original purchaser of the mitigation bond shall be obligated to pay accrued interest for the period, if any, from the date of the mitigation bonds to the date of delivery.

(f) All mitigation bonds issued under this subchapter and interest coupons applicable thereto, if any, shall be deemed to be negotiable instruments and to be investment securities under the Uniform Commercial Code.

(g) The authority shall act in the name of the state of Vermont and on its behalf as its instrumentality for the execution of financing documents, security documents, mitigation bonds and other appropriate instruments, or for the taking of any action under this subchapter in accordance with a cost mitigation order of the public service board.

(h) Title to or any other interest in any eligible charges which are financed in whole or in part by mitigation bonds issued pursuant to this subchapter may be taken and held either in the name of the authority or in the name of the state of Vermont. In performing its functions under this section, the authority may exercise any and all powers conferred upon it by this subchapter.

(i) Mitigation bonds issued under the provisions of this subchapter shall not be deemed to constitute a general obligation debt or a general liability of the

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state. Each mitigation bond issued pursuant to this subchapter shall contain on the face thereof a statement to the effect that the authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor, and that neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on such mitigation bonds.

§ 179. TRUSTEES AND TRUST FUNDS

A state or national chartered bank, Vermont bank or Vermont trust company may serve as trustee for the benefit of holders of mitigation bonds of the authority under a security document, and the trustee may, at any time, own all or any part of the mitigation bonds of the authority issued under that security document, unless otherwise provided therein. All monies received or held by the authority or by a trustee pursuant to a financing or security document, other than funds received or held by the authority for its own use, shall be deemed to be trust funds, and shall be held and applied solely in accordance with the applicable document, but the person paying the money to the authority or the trustee shall not, in any way, be bound to see to its proper application.

§ 180. MITIGATION BONDS OF THE AUTHORITY EXEMPT FROM

TAXATION

All mitigation bonds issued under this subchapter and the income therefrom shall be exempt from taxation by the state of Vermont and all of its political subdivisions, agencies or instrumentalities, except that mitigation bonds shall not be exempt from inheritance, transfer and estate taxes, or taxes in the nature thereof.

§ 181. MITIGATION BONDS OF THE AUTHORITY ELIGIBLE FOR

INVESTMENT

Mitigation bonds issued under this subchapter shall be legal investments for all persons without limit as to the amount held, regardless of whether they are acting for their own account or in a fiduciary capacity; such mitigation bonds shall likewise be legal investments for all public officials authorized to invest public funds. No person offering to buy or sell or buying or selling the mitigation bonds shall be required to obtain any license or register any transaction in connection with them.

§ 182. APPLICATIONS

Before issuing mitigation bonds, the authority shall receive from the Rule 4.100 purchasing agent or other appropriate person or entity an application in such form as the authority may, by regulation, prescribe. The Rule 4.100 purchasing agent may simultaneously submit an application to the

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authority for the issuance of mitigation bonds pursuant to this subchapter and an application to the public service board for a qualified cost mitigation charge order pursuant to section 209a of Title 30.

and that the title be amended to read: “AN ACT RELATING TO STANDARDS FOR LABELING OF ELECTRICITY AND COST MITIGATION IN CONNECTION WITH QUALIFYING FACILITIES SELLING ELECTRICITY”

(Committee vote: 10-1-0)

Rep. Livingston of Manchester, for the Committee on Ways and Means, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Commerce.


Amendment to be offered by Rep. Larocque of Barnet to S. 138

Moves the proposal of amendment be amended in Sec. 3. §209a(a)(6), after the word “greater” by inserting , except for the participating qualifying facility in Ryegate,

(For text see Senate Journal 3/16/01 – p. 314; 3/21/01 – p. 337 )

S. 151

An act relating to abandoned motor vehicles.

Rep. George of Middlebury, for the Committee on Transportation, recommends that the House propose to the Senate that the bill be amended as follows:

First: In Sec. 1, in 23 V.S.A. § 2151(a), by striking subdivision (1) in its entirety and inserting in lieu thereof a new subdivision (1) to read as follows:

(1) A motor vehicle that has remained on public property or on or along a highway for more than 48 hours or has remained on private property for more than eight hours without the consent of the owner or person in control of the property, and, in both cases, has a valid registration plate and identifiable vehicle identification number; or

Second: In Sec. 1, in 23 V.S.A. § 2152(b)(2), in the second sentence, by adding before the words “shall immediately notify” the words “and the towing service, if removed by a tower,”, and by adding after the second sentence, the following: “If the vehicle has not been reclaimed, the towing service shall, not sooner than three days nor longer than five days after towing, notify the local police agency.”

Third: In Sec. 1, in 23 V.S.A. § 2156, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows:

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(b) Except for intentionally-inflicted damage or gross negligence, neither the state, its agents or employees nor a towing service shall be liable to the owner for any damage to the motor vehicle during the period in which the state or towing service retains custody.

Fourth: In Sec. 4, by striking out “2002” and inserting in lieu thereof “2003”

Fifth: By adding a new Sec. 3 to read as follows:


§ 1753. ORDINANCES AUTHORIZING REMOVAL

(a) The selectmen of a town, the trustees of a village or the board of aldermen of a city may enact ordinances authorizing the removal of motor vehicles parked without authorization on publicly or privately owned land and including, by illustration and not limitation, public, municipal or private parking lots, drives and ways. The owner of the motor vehicle may be required to pay reasonable towing and storage charges, as determined by the legislative body of the municipality, for which a lien may be imposed against the motor vehicle and its owner, or both, which may be in addition to any criminal penalty.

(b) A ll persons who tow a vehicle without the owner’s knowledge shall immediately report the vehicle identification number (VIN) to the local law enforcement entity. If the vehicle has not been claimed, there shall be a second notice by the towing service not sooner than three days nor longer than five days after the towing.

and by renumbering the existing Secs. 3 and 4 to be Secs. 4 and 5, respectively


Rep. Voyer of Morristown, for the Committee on Appropriations, recommends that the House propose to the Senate that the bill be amended as follows:

By striking Sec. 4 (APPROPRIATION)


(For text see Senate Journal 3/30/01 – p. 383 )

NEW BUSINESS

Senate Proposal of Amendment

H. 755

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An act relating to oversight and management of the board of medical practice.

The Senate proposes to the House to amend the bill as follows:

First: In Sec. 3, 26 V.S.A. § 1317, by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c) Except as provided in section 1368 of this title, information provided to the department under this section shall be confidential unless the department decides to treat the report as a complaint, in which case, the provisions of section 1318 of this title shall apply.

Second: By striking out Sec. 8 in its entirety and inserting in lieu thereof a new Sec. 8 to read as follows:



(a) The term “unprofessional conduct” as used in this chapter shall mean the following items or any one or combination thereof; whether or not the conduct at issue was committed within or without the state The board shall find that any one of the following, or any combination of the following, whether or not the conduct at issue was committed within or outside the state, constitutes unprofessional conduct:

* * *

(10) failure to furnish a patient’s medical record to succeeding physicians or hospital upon proper request failure to make available promptly to a person using professional health care services, that person’s representative, succeeding health care professionals or institutions, when given proper written request and direction of the person using professional health care services, copies of that person’s records in the possession or under the control of the licensed practitioner;

* * *

(25) failure to comply with an order of the board or violation of any term or condition of a license which is restricted or conditioned by the board;

(26) any physician who, in the course of a collaborative agreement with a nurse practitioner allows the nurse practitioner to perform a medical act which is outside the usual scope of the physician’s own practice or which the nurse practitioner is not qualified to perform by training or experience, or which the ordinary reasonable and prudent physician engaged in a similar practice would not agree should be written into the scope of the nurse practitioner’s practice, shall be subject to disciplinary action by the board in accordance with chapter 23 of this title;

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(27) failure to comply with provisions of federal or state statutes or rules governing the practice of medicine or surgery;

(28) practice of profession when medically or psychologically unfit to do so;

(29) delegation of professional responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education or licensing credentials to perform them;

(30) conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession.

(b) The board may also find that failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes, as determined by the board:

(1) performance of unsafe or unacceptable patient care; or

(2) failure to conform to the essential standards of acceptable and prevailing practice.

(c) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

Third: By striking out Sec. 15 in its entirety and inserting in lieu thereof a new Sec. 15 to read as follows:


§ 1368. DATA REPOSITORY; LICENSEE PROFILES

(a) A data repository is created within the department of health which will be responsible for the compilation of all data required under this section and any other law or rule which requires the reporting of such information. Notwithstanding any provision of law to the contrary, the department shall collect the following information to create individual profiles on all health care professionals licensed, certified, or registered by the department, pursuant to the provisions of this title, in a format created that shall be available for dissemination to the public:

(1) A description of any criminal convictions for felonies and serious misdemeanors, as determined by the commissioner of health, within the most recent 10 years. For the purposes of this subdivision, a person shall be deemed to be convicted of a crime if he or she pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction.

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(2) A description of any charges to which a health care professional pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction.

(3) A description of any formal charges served, findings, conclusions, and orders of the licensing authority, and final disposition of matters by the courts within the most recent 10 years.

(4) A description of any formal charges served by licensing authorities, findings, conclusions, and orders of such licensing authorities, and final disposition of matters by the courts in other states within the most recent 10 years.

(5) A description of revocation or involuntary restriction of hospital privileges for reasons related to competence or character that has been issued by the hospital’s governing body or any other official of the hospital after procedural due process has been afforded, or the resignation from, or nonrenewal of, medical staff membership or the restriction of privileges at a hospital taken in lieu of, or in settlement of, a pending disciplinary case related to competence or character in that hospital. Only cases which have occurred within the most recent 10 years shall be disclosed by the board to the public.

(6)(A) All medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the last 10 years, and all settlements of medical malpractice claims in which a payment is made to a complaining party within the last 10 years. Dispositions of paid claims shall be reported in a minimum of three graduated categories, indicating the level of significance of the award or settlement. Information concerning paid medical malpractice claims shall be put in context by comparing an individual health care professional’s medical malpractice judgment awards and settlements to the experience of other health care professionals within the same specialty within the New England region or nationally. The commissioner may, in consultation with the Vermont medical society, report comparisons of individual health care professionals covered under this section to all similar health care professionals within the New England region or nationally.

(B) Comparisons of malpractice payment data shall be accompanied by:

(i) an explanation of the fact that physicians treating certain patients and performing certain procedures are more likely to be the subject of litigation than others;

(ii) a statement that the report reflects data for the last 10 years, and the recipient should take into account the number of years the physician has been in practice when considering the data;

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(iii) an explanation that an incident giving rise to a malpractice claim may have occurred years before any payment was made due to the time lawsuits take to move through the legal system;

(iv) an explanation of the possible effect of treating high-risk patients on a physician’s malpractice history; and

(v) an explanation that malpractice cases may be settled for reasons other than liability.

(C) Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the health care professional. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.” Nothing herein shall be construed to limit or prevent the licensing authority from providing further explanatory information regarding the significance of categories in which settlements are reported. Pending malpractice claims and actual amounts paid by or on behalf of a physician in connection with a malpractice judgment, award or settlement shall not be disclosed by the commissioner of health or by the licensing authority to the public. Nothing herein shall be construed to prevent the licensing authority from investigating and disciplining a health care professional on the basis of medical malpractice claims that are pending.

(7) The names of medical professional schools and dates of graduation.

(8) Graduate medical education.

(9) Specialty board certification.

(10) The number of years in practice.

(11) The names of the hospitals where the health care professional has privileges.

(12) Appointments to medical school or professional school faculties, and indication as to whether the health care professional has had a responsibility for teaching graduate medical education within the last 10 years.

(13) Information regarding publications in peer-reviewed medical literature within the last 10 years.

(14) Information regarding professional or community service activities and awards.

(15) The location of the health care professional’s primary practice setting.

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(16) The identification of any translating services that may be available at the health care professional’s primary practice location.

(17) An indication of whether the health care professional participates in the Medicaid program and is currently accepting new patients.

(b) The department shall provide individual health care professionals with a copy of their profiles prior to the initial release to the public and each time a physician’s profile is modified or amended. A health care professional shall be provided a reasonable time to correct factual inaccuracies that appear in such profile, and may elect to have his or her profile omit the information required under subdivisions (a)(12) through (14) of this section. In collecting information for such profiles and in disseminating the same, the department shall inform health care professionals that they may choose not to provide such information required under subdivisions (a)(12) through (14).

(c) The profile shall include the following conspicuous statement: “This profile contains information which may be used as a starting point in evaluating the physician. This profile should not, however, be your sole basis for selecting a physician.”

(For text of House Amendments See House Journal of 04/12/02 page 830)

Report Committee of Conference

H.213

The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon House Bill entitled:

AN ACT RELATING TO A PILOT PROJECT FOR COMBATING DRUG CRIMES

Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposal of amendment and further recommends that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that:

(1) Substance abuse by youth under the age of 21 is on the rise and contributing to an increase in criminal activity committed by these youths.

(2) The traditional punitive approach to combat criminal and delinquent activity by youth with substance abuse problems, although sometimes useful as a short - term rehabilitation tool to encourage treatment, will be unsuccessful if it is not combined with appropriate treatment services.

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(3) Criminal and juvenile justice practitioners and substance abuse treatment providers share the common goals of stopping illicit drug use and abuse of all addictive substances, and curtailing related criminal activity.

(4) The criminal and juvenile justice systems have the unique ability to influence a youth with a substance abuse problem shortly after a significant triggering event, such as an arrest or citation, or violation of condition of probation, parole or community sentence, and thus compel the youth to enter or continue with treatment.

(5) Immediate sanctions and services for youths whose actions suggest a possible criminal pathway and who carry multiple risk factors for crime and delinquency are essential.

(6) A “drug docket” in the Chittenden County and Rutland County district courts shows promise for success in providing treatment options to defendants with substance abuse problems.

Sec. 2. PILOT PROJECT FOR DRUG COURT INITIATIVE COMMITTEES

(a) Establishment. A pilot project, creating drug court initiative committees, is established for the purpose of developing an approach to provide accountability, assessment and suitable services for persons who have been charged with committing a crime or a delinquent act, and who have a substance abuse problem. Such an approach shall be applicable to defendants of any age, but there shall be an emphasis on providing coordinated services for youth under the age of 21. Committees shall be located in Chittenden, Rutland and Bennington counties, and the court administrator shall select up to three additional counties to participate in the project.

(b)(1) Committee Composition. Each committee shall be composed of the following persons:

(A) a district court judge presiding in such county, appointed by the administrative judge;

(B) the family court judge presiding in such county, if the family court judge is different from the district court judge;

(C) a representative from the district office of the department of corrections;

(D) the state’s attorney;

(E) a representative from the district office of the office of the defender general, or in counties not served by a district office, an attorney under contract with the office of the defender general to perform legal services for the indigent, appointed by the defender general;

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(F) a representative from the district office of the department of social and rehabilitation services;

(G) a representative from the office of alcohol and drug abuse programs;

(H) two representatives from local substance abuse provider organizations, family counseling service organizations, or any other appropriate service providers, appointed by the office of alcohol and drug abuse programs; and

(I) two at-large members of the community, who shall be selected pursuant to subdivision (2) of this subsection.

(2) At the first meeting of each committee, the designated members shall select, by majority vote, two at-large members of the community to participate as members of the committee.

(c) Committee Chair. Each committee shall be convened and chaired by the district court judge.

(d) Consultation with Treatment Organizations. Each committee shall consult with local substance abuse provider organizations, family counseling service organizations, and any other appropriate service providers to share information and develop essential communication and coordination between the criminal and juvenile justice systems and the treatment community.

(e) Report. On or before January 15, 2003 and January 15, 2004, the court administrator shall report to the general assembly on the progress and outcomes of each committee on achieving the goals of the pilot project.

Sec. 3. APPLICATION FOR FEDERAL FUNDS

The court administrator and the agency of human services shall seek federal funds and other available funding, including grants, to implement a drug court or other programs to develop an approach to provide accountability, assessment and suitable services for persons who have committed a crime or a delinquent act, and who have a substance abuse problem. To this end, the court administrator and the agency of human services shall apply for the Drug Court Grant Program at the U.S. Department of Justice, Office of Justice Programs, during the 2003 funding cycle.

Sec. 4. APPROPRIATION

The amount of $50,000.00 shall be appropriated to the judiciary for coordinating and reporting on the pilot project required by Sec. 2 of this act and the application for federal funding for drug court and other similar programs as designated in Sec. 3 of this act. Of the $50,000.00 appropriated in this section, $10,000.00 shall be general funds. The remaining $40,000.00

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shall be from tobacco funds, and shall not be released until the joint fiscal committee has approved a plan for the pilot project, submitted by the court administrator.

Sec. 5. SUNSET PROVISION

This act shall be repealed on February 1, 2004.

Sec. 6. EFFECTIVE DATE

This act shall take effect upon passage.

John BloomerRichard SearsJames LeddyCommittee on the part of the Senate

Margaret FloryMichael KainenMichael VintonCommittee on the part of the House

(For text of House Amendments See House Journal of 05/08/01 page 1102 and 05/09/01 page 1112 and Senate Amendments see House Journal of 05/01/02 page 1098)

Concurrent Resolutions

The following joint concurrent resolutions have been introduced for approval by the House and will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day. Requests for floor consideration should be communicated to the Clerk of the House or to a member of the Clerk’s office staff.

J.C.R.H. 46

Joint concurrent resolution congratulating Brattleboro Police Department Detective, Sergeant Joseph W. Pineau on his retirement

By Representatives Pillsbury of Brattleboro, Milkey of Brattleboro and Webster of Brattleboro

Whereas, the Brattleboro-based fictional police detectives who star in Archer Mayor’s compelling mysteries have real-life counterparts that unquestionably equal the author’s characters in terms of professionalism, ingenuity and dedication to solving a crime, and

Whereas, among the best of these real-life Brattleboro Police Department detectives is Detective Sergeant Joseph Pineau, and

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Whereas, he joined the department’s ranks in 1968 as a patrol officer, watching Brattleboro’s streets to help protect the residents of Windham County’s largest municipality, and

Whereas, Joe competently performed his duties as a Brattleboro police officer, and

Whereas, after a dozen years on the force, he was promoted to Detective Corporal in the support services division, and

Whereas, Detective Corporal Pineau repeatedly demonstrated excellence as a law enforcement official, and

Whereas, in 1995, Chief Bruce Campbell recognized the high caliber of Joe’s work, and appointed him Detective Sergeant, and

Whereas, Detective Sergeant Pineau is solving his final crime, as he is imminently retiring, and

Whereas, the Brattleboro Board of Selectmen has been so impressed with his 34 years of public service that it has designated Friday, May 31, the detective’s final day on the job, as Joseph W. Pineau Day in Brattleboro, and

Whereas, a retiring police detective of such renown deserves a joint resolution of appreciation from the state’s legislature, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Brattleboro Police Detective Sergeant Joseph W. Pineau as he concludes his 34-year tenure as one of Vermont’s finest police officials, and extends to him best wishes for a happy retirement, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Detective Sergeant Joseph Pineau in Brattleboro, to Brattleboro Police Chief, John Martin and to the Brattleboro Selectboard.

J.C.R.S. 8.

Joint concurrent resolution in memory of Christopher Nils Nilsson of Underhill.

By Senators Doyle, Cummings and Scott

Whereas, Christopher N. Nilsson’s fascination with computer technology began as a high school student, and

Whereas, he attended Union College on a lacrosse scholarship, held the unique academic distinction of receiving the first master’s degree in computer science from the University of Vermont, and studied for a doctoral degree at McGill University, and

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Whereas, he was employed at IBM for a quarter of a century, mainly at the Essex Junction facility, and was the recipient of a division award for his work on a tool utilization program, and

Whereas, as an individual with dyslexia, Christopher found his condition posed both a challenge and a unique opportunity to help others with similar difficulties, and

Whereas, in this spirit, Chris worked in IBM’s Partners in Education Program, tutoring students in mathematics and computer science and, in 1975, IBM selected him to serve as an adjunct professor of mathematics at Delaware State College, and

Whereas, after retirement from IBM Chris became a high school teacher, teaching computer science at Winooski High School, and then physics and physical science at Enosburg High School, where his physics students won numerous awards at the UVM’s Technology and Design competitions, and

Whereas, more recently, he had been traveling the nation as an independent computer consultant, and

Whereas, Chris had served as a corpsman reservist in the U.S. Coast Guard, and engaged in many service-related roles, especially while living in the town of Fletcher, where he served as a justice of the peace, town treasurer for the Democratic Party, Explorer Scout leader, and town agent for Franklin County Home Health, and

Whereas, sailing and navigation on Lake Champlain and the Atlantic Ocean were life long passions, and

Whereas, his love of camping and the outdoors remained a lifelong passion, and, at age 46, he took a month to hike the Long Trail from Massachusetts to Canada, and regularly skiied from Underhill over Mount Mansfield to the Trapp Family Lodge, and

Whereas, the New England Branch of the Orton Dyslexia Society honored Chris for being one of the region’s most successful dyslexia-impaired individuals, and

Whereas, his recent death marked the passing of a truly gifted and remarkable individual, whose wife and sailing partner of 39 years, Pat, daughter Nancy, son-in-law Anthony, and two grandsons. Brandon and Mason, will especially miss him, now therefore be it


That the General Assembly extends its condolences to the family of the late Christopher Nilsson, and be it further

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Resolved: That the Secretary of State be directed to send a copy of this resolution to Pat Nilsson in Underhill and to Nancy Cardinal in Fletcher.

J.C.R.S. 9.

Joint concurrent resolution congratulating Barre Elks Lodge #1535 on the occasion of the lodge's 75th anniversary.

By Senators Doyle, Cummings and Scott,

Whereas, on June 1, 1927, the National Elks Organization granted a charter to Barre Elks Lodge #1535, and

Whereas, the applicants for the charter were Frank J. Shea, Ernest A. Drown and Joseph O. Casellini, and

Whereas, the 57 charter members of Elks Lodge #1535 selected Frank J. Shea as their initial Exalted Ruler, the lodge’s leading official, and

Whereas, the lodge has sponsored many local charitable activities, including the Veterans’ Hoop Shoot and Soccer Shoot programs, and

Whereas, it also sponsors patriotic activities that promote Americanism, and offers scholarship opportunities, and

Whereas, the Barre Elks are enthusiastic supporters of the Elks’ statewide charity, Silver Towers Camp for specially-challenged youth and adults, and

Whereas, the National Elks Foundation, the National Organization’s Major Project, has benefited from the financial contributions of Lodge #1535, and

Whereas, during the 2001-2002 term, Jacalyn Stevens proudly served as the first woman selected as the lodge’s Exalted Ruler, and

Whereas, on July 25, 2002, #1535, under the leadership of lodge member Jerry Mascola and the current Exalted Ruler Lewis Graham Jr., will commemorate its diamond anniversary with a gala celebration which will serve as the kick-off for this year’s Barre Homecoming festivities, and

Whereas, the good works of #1535 have helped to make Barre and the state of Vermont a better place to live, now therefore be it


That the General Assembly congratulates Barre Elks Lodge #1535 on the occasion of the lodge’s 75th anniversary, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Secretary of Barre Elks Lodge #1535, Richard Parnigoni.

J.C.R.S. 10.

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Joint resolution congratulating Brian M. Lusignan of East Montpelier upon attainment of the rank of Eagle Scout.

By Senator Lyons,

Whereas, scouting is a movement that challenges, inspires and guides young people toward high achievements and high values as expressed in the Scout oath, law, motto and slogan, and

Whereas, the rank of Eagle is the highest rank in Boy Scouting, and

Whereas, attainment of Eagle rank requires Brian Lusignan’s mastery of difficult challenges in diverse areas, and

Whereas, attainment of Eagle rank also requires demonstration of Brian’s good character and community service, and

Whereas, attainment of Eagle rank not only indicates difficult achievement itself, but also demonstrates the courage and tenacity to pursue a goal over a long period of time, and

Whereas, attainment of Eagle rank confers an honor that will dignify Brian for the rest of his life, and

Whereas, only a minority of scouts ever attains this rank, and

Whereas, Brian M. Lusignan of East Montpelier, a member of Montpelier Boy Scout Troop 709, has completed his requirements for induction into the select circle of individuals who have achieved the rank of Eagle Scout, and

Whereas, he is a senior at U-32 High School where he is managing editor of the school’s student newspaper, the U-32 Chronicle, and an active thespian in Stage 32, the school’s drama organization, and

Whereas, this autumn, he will commence his studies at Boston College, and

Whereas, for his special Eagle community service project, Brian constructed a bridge along the Catamount Trail in Huntington, and

Whereas, he will officially receive his Eagle rank at an Eagle Court of Honor to be held in the near future, now therefore be it


That the General Assembly congratulates Brian M. Lusignan for his special achievement of attaining the rank of Eagle Scout, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Brian Lusignan in East Montpelier.

NOTICE CALENDAR

Favorable with Amendment

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S. 27

An act relating to increasing the technologies that may be used in the state for on-site disposal of wastewater.

Rep. Schaefer of Colchester, for the Committee on Natural Resources and Energy, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:


CHAPTER 64. POTABLE WATER SUPPLY

AND WASTEWATER SYSTEM PERMIT

§ 1971. PURPOSE

It is the purpose of this chapter to:

(1) establish a comprehensive program to regulate the construction, replacement, modification, and operation of potable water supplies and wastewater systems in the state in order to protect human health and the environment, including potable water supplies, surface water and groundwater;

(2) eliminate duplicative or unnecessary permitting requirements through the consolidation of existing authorities and, where appropriate, the use of permits by rule;

(3) allow the use of alternative, innovative, and experimental technologies for the treatment and disposal of wastewater in the appropriate circumstances;

(4) protect the investment of homeowners through a flexible remediation process for failed potable water supplies and wastewater systems;

(5) increase reliance on and the accountability of the private sector for the design and installation of potable water supplies and wastewater systems, through licensing and enforcement; and

(6) allow delegation of the permitting program created by this chapter to capable municipalities.


For the purposes of this chapter:

(1) “Agency” means the agency of natural resources.

(2) “Building or structure” means a building or structure whose use or useful occupancy requires the construction or modification of a potable water supply or wastewater system.

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(3) “Campground” means any lot of land containing more than three campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation and camping. There shall be no distinction made between noncommercial (no charge, no service) and commercial operations.

(4)(A) “Failed supply” means a potable water supply:

(i) that is contaminated so that it is rendered not potable; or

(ii) that is providing an insufficient quantity of water to maintain the permitted use of the building or structure or, if unpermitted, to maintain the usual and customary uses of the building or structure; or

(iii) where the source, treatment, or conveyance equipment used to provide potable water is broken or inadequate.

(B) Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to a well, the replacement of a broken pump, repair or replacement of a mechanical component, or deepening or hydrofracturing a well; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the supply has recovered from the state of failure. Supplies which have recurring, continuing, or seasonal failures shall be considered to be failed supplies.

(C) If a project is served by multiple potable water supplies, the failure of one supply will not require the issuance of a permit or permit amendment for any other supply that is not in a state of failure.

(5)(A) “Failed system” means a wastewater system that is functioning in a manner:

(i) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless, in any of these instances, the approved design of the system specifically requires the system to function in such a manner; or

(ii) that results in a potable water supply being contaminated and rendered not potable; or

(iii) that presents a threat to human health.- 1938 -

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (5), a system shall not be a failed system if:

(i) these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump or associated valves, switches and controls; or

(ii) these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the system has recovered from the state of failure. Systems which have recurring, continuing, or seasonal failures shall be considered to be failed systems.

(C) If a project is served by multiple wastewater systems, the failure of one system will not require the issuance of a permit or permit amendment for any other system that is not in a state of failure.

(6) “Potable water supply” means the source, treatment, and conveyance

equipment used to provide water used or intended to be used for human consumption, including drinking, washing, bathing, the preparation of food, or laundering. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or lavatories, that are located inside a building or structure and that are integral to the operation of a potable water system. This definition also does not include a potable water supply that is subject to regulation under chapter 56 of this title.

(7) “Professional engineer” means an engineer licensed and in good standing by the board of professional engineering under chapter 20 of Title 26.

(8) “Secretary” means the secretary of the agency of natural resources or a duly authorized representative of the secretary. A duly authorized representative of the secretary includes a municipality that has requested delegation, in writing, and has been delegated the authority to implement provisions of this chapter in lieu of the secretary.

(9) “Subdivide” means to divide land by sale, gift, lease, mortgage foreclosure, court-ordered partition, or filing of a plat, plan, or deed in the town records where the act of division creates one or more lots. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plat, plan, or deed in the town records, whichever first occurs. A subdivision of land shall also be deemed to have taken place when a lot is divided by a state or municipal highway, road, or right-of-way, or when a lot is divided by surface waters with a drainage area of greater than ten square miles.

(10) “Wastewater system” means any piping, pumping, treatment, or disposal system used for the conveyance and treatment of sanitary waste or

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used water, including, but not limited to, carriage water, shower and wash water, and process wastewater. This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or toilets, that are located inside a building or structure and that are integral to the operation of a wastewater system. This definition also does not include wastewater systems that are used exclusively for the treatment and disposal of animal manure. In this chapter, “wastewater system” refers to a soil-based disposal system of less than 6,500 gallons per day, or a sewerage connection of any size.

§ 1973. PERMITS

(a) Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the secretary before:

(1) subdividing land;

(2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal ;

(3) constructing, replacing, or modifying a potable water supply or wastewater system;

(4) using or operating a failed supply or failed system;

(5) constructing a new building or structure;

(6) modifying an existing building or structure in a manner that increases the design flow or modifies other operational requirements of a potable water supply or wastewater system;

(7) making a new or modified connection to a new or existing potable water supply or wastewater system; or

(8) changing the use of a building or structure in a manner that increases the design flows or modifies other operational requirements of a potable water supply or wastewater system.

(b) Application for a permit shall be made on a form prescribed by the secretary. The application shall be supported by such documents and information that the secretary, by rule, deems necessary for proper application review and the issuance of a permit.

(c) When a person replaces a potable water supply or wastewater system that has been permitted, or was exempt from permitting requirements, the secretary shall grant a variance from the technical standards if the supply or system cannot be replaced so that it is in full compliance with the rules adopted under section 1978 of this title, provided that the variance requested is the minimum necessary considering the cost of the replacement supply or system

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in addition to the potential impacts on human health and the environment. No variance shall be granted under this subsection if the supply or system would continue to meet the definition of a failed supply or failed system, or if the replacement supply or system allows for increases in design flows.

(d) No permit shall be issued by the secretary unless the secretary receives a statement from a licensed designer certifying that the design-related information submitted with the permit application is true and correct and that, in the exercise of his or her reasonable professional judgment, the design included in an application for a permit complies with the rules.

(e) No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater system until the secretary receives a statement from an installer or a licensed designer certifying that the installation-related information submitted is true and correct and that, in the exercise of his or her reasonable professional judgment, the potable water supply and wastewater system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests.

(f) The secretary shall give deference to a certification by a licensed designer with respect to the engineering design or judgment exercised by the designer in order to minimize agency review of certified designs. Nothing in this section shall limit the responsibility of the licensed designer to comply with all standards and rules, or the authority of the secretary to review and comment on design aspects of an application or to enforce agency rules with respect to the design or the design certification.

(g) If there is a dispute between the secretary and a professional engineer concerning the design prepared by a professional engineer or the judgment exercised by a professional engineer, the professional engineer may request that the disputed issues be reviewed by a licensed professional engineer employed or retained by the secretary. The secretary shall grant all such requests for review.

(h) All permits required under this section, all design and installation certifications required under this section, and all documents required by the rules adopted under this chapter to be filed in the town records shall be properly indexed and recorded in the land records pursuant to 24 V.S.A. §§ 1154 and 1161.

§ 1974. SINGLE-FAMILY RESIDENCES ON THEIR OWN INDIVIDUAL

LOTS

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(a) Notwithstanding any other requirements of this chapter, the provisions of this section shall apply to a single-family residence on its own individual lot.

(b)(1) A subdivided lot containing only one single-family residence which required a subdivision permit but did not have one, or which had a subdivision permit but was not in compliance with its permit, is exempt from the permitting requirements of this chapter, provided that the lot was in existence as of January 1, 1999, and that the residence and its associated potable water supply and wastewater system were substantially completed as of January 1, 1999. This exemption shall terminate if any of the actions listed in section 1973 of this title occur after January 1, 1999.

(2) If a subdivision permit had been issued for the lot prior to January 1, 1999, the conditions of that permit concerning actions required to be taken after January 1, 1999, shall remain in effect, including conditions concerning operation and maintenance and transfer of ownership.

(3) If a residence is exempt under this subsection, the exemption contained in subsection (c) of this section shall not apply.

(c) A substantially completed single-family residence on its own individual lot, and its substantially completed associated potable water supply and wastewater system, is exempt from the permitting requirements of this chapter, provided that the lot on which the residence is located was in existence as of May 1, 2002, and was exempt from the subdivision permitting requirements that existed on that date. This exemption shall remain in effect unless and until:

(1) the lot is subdivided and the resulting lots are not exempt under the applicable rules in existence at the time of subdivision; or

(2) any other action for which a permit is required under this chapter occurs after July 1, 2007.

(d) A permit shall not be required for the addition of one or more bedrooms to a single-family residence on its own lot when:

(1) the addition of bedrooms is accomplished solely through the modification of existing space within the residence; and

(2) the exterior of the residence is not expanded horizontally.

(e) A permit is not required for the addition of one or more bedrooms or any other attached exterior horizontal expansion to a single-family residence on its own lot that was exempt from the subdivision permitting requirements that existed on May 1, 2002, provided that:

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(1) a fully complying replacement area has been identified by a licensed designer and a diagram identifying the location of that area is certified by the designer and filed in the land records; and

(2) no other action for which a permit is required under this chapter occurs after July 1, 2007.

(f) Notwithstanding the language of subsections (d) and (e) of this section, if the residence has been issued a permit under this chapter, the residence shall continue to comply with that permit, until the permit is amended.

(g) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.

§ 1975. DESIGNER LICENSES

(a) The secretary shall establish and implement a process to license and periodically renew the licenses of designers of potable water supplies or wastewater systems, establish different classes of licensing for different potable water supplies and wastewater systems, and allow individuals to be licensed in various categories

(b) No person shall design a potable water supply or wastewater system that requires a permit under this chapter without first obtaining a designer license from the secretary, except a professional engineer who is licensed in Vermont shall be deemed to have a valid designer license under this chapter, provided that:

(1) the engineer is practicing within the scope of his or her engineering specialty; and

(2) the engineer:

(A) has satisfactorily completed a college-level soils identification course with specific instruction in the areas of soils morphology, genesis, texture, permeability, color, and redoximorphic features; or

(B) has passed a soils identification test administered by the secretary; or

(C) retains one or more licensed designers who have taken the course specified in this subdivision or passed the soils identification test, whenever performing work regulated under this chapter.

(c) No person shall review or act on permit applications for a potable water supply or wastewater system that he or she designed or installed.

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(d) The secretary may review, on a random basis, or in response to a complaint, or on his or her own motion, the testing procedures employed by a licensed designer, the systems designed by a licensed designer, the designs approved or recommended for approval by a licensed designer, and any work associated with the performance of these tasks.

(e) After a hearing conducted under chapter 25 of Title 3, the secretary may suspend, revoke, or impose conditions on a designer license, except for one held by a professional engineer. This proceeding may be initiated on the secretary’s own motion or upon a written request which contains facts or reasons supporting the request for imposing conditions, for suspension, or for revocation. Cause for imposing conditions, suspension, or revocation shall be conduct specified under 3 V.S.A. § 129a as constituting unprofessional conduct by a licensee.

(f) If the secretary determines that a design or installation certification submitted under this chapter certified information that is untrue or incorrect, or does not reflect the exercise of reasonable professional judgment and, as a result, a potable water supply or wastewater system that has been built is in noncompliance with the rules adopted under this chapter, the person who signed the statement may be subject to penalties and required to take all actions necessary to remediate the situation in accordance with the provisions of chapters 201 and 211 of this title.

(g) In response to a complaint, or on his or her own motion, the secretary shall refer deficiencies in design or installation performed under this chapter by a professional engineer to the board of professional engineering for further investigation and potential disciplinary action.

§ 1976. DELEGATION OF AUTHORITY TO MUNICIPALITIES

(a)(1) If a municipality submits a written request for delegation of this chapter, the secretary shall delegate authority to the municipality to implement and administer provisions of this chapter, the rules adopted under this chapter, and the enforcement provisions of chapter 201 of this title relating to this chapter, provided that the secretary is satisfied that the municipality:

(A) has established a process for accepting, reviewing, and processing applications and issuing permits, which shall adhere to the rules established by the secretary for potable water supplies and wastewater systems, including permits, by rule, for sewerage connections;

(B) has hired, appointed, or retained on contract, or will hire, appoint, or retain on contract, a licensed designer to perform technical work which must be done by a municipality under this section to grant permits;

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(C) will take timely and appropriate enforcement actions pursuant to the authority of chapter 201 of this title;

(D) commits to reporting annually to the secretary on a form and date determined by the secretary; and

(E) will comply with all other requirements of the rules adopted under section 1978 of this title.

(2) Notwithstanding the provisions of this subsection, there shall be no delegation of this section or of section 1975 or 1978 of this title.

(b) As of July 1, 2007, those provisions of municipal ordinances and zoning bylaws that regulate potable water supplies and wastewater systems are superseded by the provisions of this chapter and the rules adopted under this chapter. Those provisions of existing ordinances and bylaws and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section, however, to the extent that they apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that they establish procedural requirements that are consistent with this chapter and the rules adopted under this chapter.

(c) Notwithstanding 24 V.S.A. § 3633(d), municipal ordinances relating to sewage systems, which ordinances were approved before July 1984 under 18 V.S.A. § 613 by the board of health, and those approved before July 1984 by the commissioner of health, shall remain in effect unless superseded.

(d) A municipality may assess fees in an amount sufficient to support municipal services provided under this section.

(e) Notwithstanding the fact that local ordinances and bylaws may have been superseded by this chapter, a permit issued under those ordinances shall remain in effect, unless and until superseded by another permit issued pursuant to the provisions of this chapter.

(f) The secretary may review municipal implementation of this section on a random basis, or in response to a complaint, or on his or her own motion. This review may include consideration of the municipal implementation itself, as well as consideration of the practices, testing procedures employed, systems designed, system designs approved, installation procedures used, and any work associated with the performance of these tasks.

§ 1977. APPEALS; STAYS

(a) A person aggrieved by an act or decision, other than an enforcement decision, of the secretary under this chapter, may appeal to the water resources board within 30 days of the date of the act or decision. The filing of an appeal shall not stay the effectiveness of an act or decision of the secretary, unless the

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board so orders in accordance with board rule. The board shall hold a de novo hearing at which all parties, as determined by board rule, may appear and be heard, and shall issue an order that shall be binding on the secretary and all parties.

(b) Any party aggrieved by a final order of the water resources board pursuant to this section may appeal to the supreme court within 30 days of the date of the order. An appeal filed pursuant to this section shall not stay the effectiveness of any order of the board pending determination by the court, unless the court so orders.

§ 1978. RULES

(a) The secretary shall adopt rules, in accordance with chapter 25 of Title 3, necessary for the administration of this chapter. These rules shall include, but are not limited to, the following:

(1) performance standards for wastewater systems;

(2) design flow standards for potable water supplies and wastewater systems;

(3) design requirements, including isolation distances;

(4) monitoring and reporting requirements;

(5) soils and hydrogeologic requirements;

(6) operation and maintenance requirements appropriate to the complexity of the system;

(7) requirements for engineering plans and specifications for potable water supplies and wastewater systems;

(8) provisions for the acceptance and approval of alternative or innovative technologies, based on performance evaluations provided by qualified organizations with expertise in wastewater systems, including the New England Interstate Water Pollution Control Commission;

(9) provisions allowing the use of a variety of alternative or innovative technologies, including intermittent sand filters, recirculating sand filters, waterless toilets and greywater disposal systems, and constructed wetlands, that provide an adequate degree of protection of human health and the environment. When alternative or innovative technologies are approved for general use, the rules shall not require either a bond or the immediate construction of a duplicate wastewater system for those alternative or innovative technologies;

(10) provisions allowing for appropriate reductions in leachfield size, depth to the seasonal high water table, or other minimum site conditions when

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the wastewater system design does not solely rely on naturally occurring soils to provide an adequate degree of treatment, and when those systems, combined with the reductions, provide an adequate degree of protection of human health and the environment;

(11) provisions allowing for experimental systems;

(12) provisions regarding the licensing of certain classes of designers;

(13) provisions regarding the delegation of authority to and removal of authority from a municipality to administer this chapter;

(14) other requirements necessary to protect human health and the environment.

(b) The secretary may, by rule, establish permitting exemptions upon a determination that those exemptions are consistent with the purposes of this chapter, and are necessary for the appropriate implementation of this chapter.

(c) The secretary shall first adopt rules under this section no later than July 30, 2002.

(d) The secretary shall not adopt rules under this chapter that allow wastewater systems that serve lots created after May 1, 2002, to be constructed on ground with a maximum slope in excess of 20 percent. This limitation shall not apply to replacement wastewater systems.

(e)(1) The secretary shall periodically review and, if necessary, revise the rules adopted under this chapter to ensure that the technical standards remain current with the known and proven technologies regarding potable water supplies and wastewater systems.

(2) The secretary shall seek advice from a technical advisory committee in carrying out the mandate of this subdivision. The governor shall appoint the members of the committee and ensure that there is at least one representative of the following entities on the committee: professional engineers, site technicians, well drillers, hydrogeologists, town officials with jurisdiction over potable water supplies and wastewater systems, water quality specialists, technical staff of the agency of natural resources, and technical staff of the department of health. Administrative support for the advisory committee shall be provided by the secretary of the agency of natural resources.

(3) The technical advisory committee shall provide annual reports, starting January 15, 2003, to the chairs of the house and senate committees on natural resources and energy. The reports shall include information on the following topics: the implementation of this chapter and the rules adopted under this chapter; the number and type of alternative or innovative systems approved for general use, approved for use as a pilot project, and approved for experimental use; the functional status of alternative or innovative systems

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approved for use as a pilot project or approved for experimental use; the number of permit applications received during the preceding calendar year; the number of permits issued during the preceding calendar year; and the number of permit applications denied during the preceding calendar year, together with a summary of the basis of denial.

(4) The annual reporting requirement shall end as of January 15, 2007.

§ 1979. HOLDING TANKS

(a) The secretary shall approve the use of sewage holding and pumpout tanks when he or she determines that:

(1) the existing or proposed buildings or structures to be served by the holding tank are publicly owned;

(2) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage;

(3) a designer demonstrates that an economically feasible means of meeting current standards is significantly more costly than sewage holding and pumpout tanks, based on a projected 20 year life of the project; and

(4) the design flows do not exceed 600 gallons per day.

(b) A holding tank may also be used for a project that is eligible for a variance under section 1973 of this title, whether or not the project is publicly owned, if the existing wastewater system has failed, or is expected to fail, and in either instance, if there is no other cost feasible alternative;

(c) When a holding tank is proposed for use, a designer shall submit all information necessary to demonstrate that the holding tank will comply with the following requirements:

(1) the holding tank shall be capable of holding at least 14 days of the expected flow from the building;

(2) the tank shall be constructed of durable materials that are appropriate for the site conditions and the nature of the sewage to be stored;

(3) the tank shall be watertight including any piping connected to the tank and all access structures connected to the tank. The tank shall be leakage tested prior to being placed in service;

(4) the tank shall be designed to protect against floatation when the tank is empty, such as when it is pumped;

(5) the tank shall be equipped with audio and visual alarms that are triggered when the tank is filled to 75 percent of its design capacity;

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(6) the tank shall be located so that it can be reached by tank pumping vehicles at all times when the structure is occupied; and

(7) the analysis supports a claim under subdivision (a)(3) of this section.

(d) The permit application shall specify the method and expected frequency of pumping.

(e) Any building or structure served by a holding tank shall have a water meter, or meters, installed that measures all water that will be discharged as wastewater from the building or structure.

(f) Any permit issued for the use of a holding tank will require a designer to periodically inspect the tank, visible piping, and alarms. The designer shall submit a written report to the secretary detailing the results of the inspection and any repairs or changes in operation that are required. The report also shall detail the pumping history since the previous report, giving the dates of pumping and the volume of wastewater removed. The frequency of inspections and reports shall be stated in the permit issued for the use of the tank, but shall be no less frequent than once per year. The designer also shall inspect the water meter or meters and verify that they are installed, calibrated, and measuring all water that is discharged as wastewater. The designer shall read the meters and compare the metered flow to the pumping records. Any significant deviation shall be noted in the report and explained to the extent possible.

(g) The owner of a holding tank shall maintain a valid contract with a licensed wastewater hauler at all times. The contract shall require the licensed wastewater hauler to provide written notice of dates of pumping and volume of wastewater pumped. Copies of all such notices shall be submitted with the written inspection reports.

§ 1980. VERMONT TECHNICAL COLLEGE DEMONSTRATION

PROJECT

(a) There is established an on-site wastewater treatment and disposal project which shall be conducted at the Vermont technical college in Randolph. The project shall be managed by the staff of the college, in conjunction with the agency of natural resources.

(b) The purpose of the project is to provide information to interested local and state officials and members of the public with respect to the range of options that have been approved by the state and that are available for on-site systems, the relative effectiveness of various approved experimental and innovative systems, and their respective strengths and weaknesses.

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(c) The project shall be designed with space sufficient to accommodate the demonstration of new designs for systems, as those designs are developed, during a number of years.

Sec. 2. 3 V.S.A. § 2822(j)(3) and (4) are amended to read:

(3) For subdivision permits issued under 18 V.S.A. chapter 23:

(A) per lot

(i) no sewerage connection $185.00

(ii) with sewerage connection $175.00.

(B) deferral of permit $63.00.

(C) homestead exemption $63.00 per

application.

(D) permit amendment $63.00 per lot.

(E) time-of-sale remediation report $30.00 per report.

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 61; mobile home park permits issued under 10 V.S.A. chapter 153; campground permits issued under 3 V.S.A. section 2873 and under 10 V.S.A. chapter 61 64:

(A) original application or permit $185.00

amendment with technical

review for a single-family

residence on its own individual lot,

per lot, with sewerage connection

(B) original application or permit $175.00

amendment with technical review

for a single-family residence on its

own individual lot, per lot, with

no sewerage connection

(C) original application for $0.45 per gallon of design other than a single-family flow of sewage or water,

residence on its own individual lot whichever is greater. Minimum $115.00 per application. Not to exceed $25,000.00.

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(B)(D) original application or permit $0.42 per gallon of design amendment for other than a flow for applications or single-family residence on its amendments that requires

own individual lot that requires require review of both

a technical review sewage and water.

for project with sewerage connection Minimum $115.00

per application. Not to exceed $25,000.00. $0.27 per gallon of design flow for applications or amendments that require review of either sewage or water but not both. Minimum of $115.00 per application. Not to exceed $25,000.00.

(C)(E) permit amendment for other than $0.45 per gallon of

a single-family residence on its own individual design flow for

lot that requires a technical review amendments thatrequire reviewof both sewage and water. Minimum $115.00 per application. Not to exceed $25,000.00.

$0.27 per gallon of design flow for applications or amendments that require review of either sewage or water but not both. Minimum of $115.00 per application. Not to exceed $25,000.00.

(D)(F) other amendments which for $37.00

a single-family residence on its own individual

lot, per lot, th at require little or

no technical review.

(G) other amendments for other $37.00- 1951 -

than a single-family residence on its own

individual lot that require little or

no technical review.

(E)(H) Notwithstanding the other provisions of this subdivision,

(i) when a wastewater system is subject to the fee provisions of this subdivision and subdivision (j)(2)(A)(iv)(I) of this section, only the higher of the two fees shall be assessed; and

(ii) when a water supply is subject to the fee provisions of this subdivision and subdivision (j)(7)(A) of this section, only the fee required by subdivision (j)(7)(A) shall be assessed.


§ 1402. DENIAL AND REVOCATION OF LICENSE

A license may be denied, suspended, or revoked, or the renewal thereof denied by the commissioner on the commissioner’s own investigation and motion or upon written complaint of others, if after notice and opportunity for hearing the commissioner finds that the applicant or license holder has:

(1) made false statement in the application for a license or an application for renewal;

(2) obtained a license through fraud or misrepresentation;

(3) refused to complete and file any report required by this subchapter;

(4) insufficient ability to act as a well contractor; or

(5) violated rules adopted by the department to implement provisions of this subchapter committed conduct specified under 3 V.S.A. § 129a as constituting unprofessional conduct by a licensee.

* * * Mobile Home Park Permits * * *


(b) The superior court for the county in which a violation of this chapter occurs shall have jurisdiction, on application by the agency in the case of violations of sections 6231-6235 of this title and by the department in the case of violations of sections 6236-6243 of this title, to enjoin and restrain the violation, but any election by the agency or by the department to proceed under this subsection shall not limit or restrict the authority of the state to prosecute for the offense under subsection (a) of this section.


§ 6231. PERMIT REQUIRED; RULES

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(a) No person shall establish or maintain a mobile home park, as defined in section 6201 of this title except pursuant to a permit issued by the agency. A person desiring to establish or expand a mobile home park, including extensions or expansions to water and sewage systems, shall make written application to the agency on forms furnished by the agency, and shall submit such supplementary data and information as the agency requires, including a site plan. The agency may by regulation requires payment of fees for a permit. The agency shall adopt rules to carry the provisions of sections 6231-6235 of this title into effect.

* * *

* * * Enforcement * * *


(a) The secretary may take action under this chapter to enforce the following statutes:

(1) 3 V.S.A. chapter 51, relating to the certification of site technicians, and trailer camps and tent sites;

* * *

(9) 10 V.S.A. chapter 61 64, relating to potable water supply supplies and wastewater systems;

* * *

(11) 10 V.S.A. chapter 153, relating to mobile home parks;

* * *

(14) 18 V.S.A. chapter 23, relating to subdivisions;

* * *

Sec. 7. 10 V.S.A. § 8010(e) is amended to read:

(e) Penalties assessed under this section shall be deposited in the general fund, except for those penalties which are assessed as a result of a municipality’s enforcement action under chapter 64 of this title, in which case the municipality involved shall receive the penalty monies.

* * * Property Transfer * * *


(a) A town clerk shall record in the land records, at length or by accurate, legible photocopy, in books to be furnished by the town:

(1) deeds,;

(2) instruments or evidences respecting real estate,;- 1953 -

(3) writes of execution, other writs or the substance thereof, and the returns thereon,;

(4) hazardous waste site information and hazardous waste storage, treatment and disposal certifications established under 10 V.S.A. chapter 159,;

(5) underground storage tank information under 10 V.S.A. chapter 59,;

(6) municipal land use permits (as defined in section 4303 of this title) or notices of municipal land use permits as provided for in subsection (c) of this section, notices of violation of ordinances or bylaws relating to municipal land use, and notices of violation of municipal land use permits,;

(7) denials of municipal land use permits,;

(8) permits, design certifications, installation certifications, and other documents required to be filed by the provisions of 10 V.S.A. chapter 64 and the rules adopted under that chapter;

(9) Other other instruments delivered to the town clerk for recording.


(b) For the purposes of this section, “transactions affecting title to real estate” shall include the instruments described in subsections 1154(a) and (b) of this title. Each owner of record title to the property at the time such and instrument is issued shall be listed as the grantor. The state of Vermont shall be listed as the grantee for instruments described in subdivisions 1154(a)(4) and, (5), and (8) of this title. The municipality issuing the instrument shall be listed as the grantee for instruments described in subdivision 1154(a)(6) of this title.

* * * Practice of Engineering by Licensed Designers * * *


(a) Persons exempt. Section 1162 of this title does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:

(1) An officer or employee of the federal government.

(2) An officer or a full-time employee of the state.

(3) An officer or full-time employee of a municipality.

(4) A full-time employee of the Vermont association of conservation districts while performing work for the on-site sewage disposal program Certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the secretary of the agency of natural

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resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under chapter 64 of Title 10 .

* * *


(b) Other professions. Section 1162 of this title does not prohibit acts constituting the practice of any other legally recognized profession or occupation, including the activity of site technicians licensed by the agency of natural resources.

* * * Property Transfer * * *

Sec. 12. 32 V.S.A. § 9606(c) is amended to read:

(c) The property transfer return required under this section shall also contain a certificate in such form as the secretary of the agency of natural resources and the commissioner of taxes jointly shall prescribe and shall be signed under oath or affirmation by each of the parties or their legal representatives. The certificate shall indicate:

(1) whether the transfer is in compliance with or is exempt from regulations governing the subdivision of lands under section 1218 of Title 18 potable water supplies and wastewater systems under chapter 64 of Title 10; and

(2) that the seller has advised the purchaser that local and state building regulations, zoning regulations, and subdivision regulations potable water supply and wastewater system requirements pertaining to the property may limit significantly limit the use of the property.

* * * Effective Dates and Repeals * * *


Sec. 11 of this act, which repeals reference to site technicians, shall take effect 30 months after the effective date of rules adopted by the secretary under 10 V.S.A. § 1978(a)(12) (governing designer licenses).

Sec. 14. REPEAL

(a) 3 V.S.A. § 2873(c) (trailer camps and tent sites), 10 V.S.A. §§ 746 (establishing on-site program), 747 (describing program), 748 (municipal participation), and 749 (annual report), 10 V.S.A. chapter 61 (water supply and wastewater permits), 10 V.S.A. §§ 1265a (holding tanks), 6201(5) (definition of agency), 6232 (site plan review), 6233 (issuance of permit; revocation; appeals), 6234 (bonuses for improved facilities and layout), 6235 (basic regulations), and 6255 (failed potable water supplies and failed wastewater

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systems), and 18 V.S.A. §§ 1218 (authorizing subdivision regulations) and 1221b (recording and filing) are repealed.

(b) 3 V.S.A. § 2827 (site technician certification) is repealed 30 months after the effective date of the rules adopted by the secretary under 10 V.S.A. § 1978(a)(12) (governing designer licenses).

(c) 18 V.S.A. §§ 1218a (single lot subdivision), 1218b (exempt municipalities), 1218c (exempt municipalities with sewage ordinances), 1218d (exempt municipalities without sewage ordinances), and 1218e (sewer approval), are repealed as of July 1, 2007.

* * * Transition and Implementation * * *

Sec. 15. TRANSITION AND IMPLEMENTATION

(a) Provisional designer licenses. A site technician operating within the scope of his or her legal authority shall be deemed to have a provisional designer license under 10 V.S.A. § 1975. A provisional license shall remain in effect until 30 months after the effective date of rules adopted under 10 V.S.A. § 1978(a)(12), governing designer licenses.

(b) Existing rules. Notwithstanding the repeal by this act of 3 V.S.A. § 2873(c), 10 V.S.A. chapter 61, the mobile home park permitting requirements of 10 V.S.A. chapter 153, and 18 V.S.A. § 1218, the rules regarding trailer camps, tent sites, water supply and wastewater permits, mobile home parks and subdivisions shall be deemed to be rules under 10 V.S.A. chapter 64, and shall remain in effect until the effective date of the rules first adopted under that chapter.

(c) Existing permits. Notwithstanding the repeal by this act of 3 V.S.A. § 2873(c), 10 V.S.A. chapter 61, the mobile home park permitting requirements of 10 V.S.A. chapter 153, and 18 V.S.A. § 1218, permits regarding trailer camps, tent sites, potable water supplies, and wastewater systems, mobile home parks, and subdivisions shall remain in effect, except as otherwise provided in this act. These permits shall be deemed to be permits issued under 10 V.S.A. chapter 64, and may be amended by the secretary under that chapter.

(d) Rulemaking.

(1) The secretary of the agency of natural resources may commence rulemaking under this act prior to the effective date of all of the provisions of this act.

(2) No proposed amendment to the small scale wastewater treatment and disposal rules that has been filed with the legislative committee on administrative rules prior to April 15, 2002 shall be subject to the eight-month rulemaking process limitation established by 3 V.S.A. § 843. In addition, rule

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proposals that are pending when this act takes effect may be revised to implement this act, even if those changes are significantly different than the proposed rules that went through the rulemaking process.

(e) Unimproved lots.

(1) An unimproved lot that was in existence as of May 1, 2002 , and that was exempt from the subdivision permitting requirements that existed on that date, including an unimproved lot greater than ten acres in size, is exempt from the permitting requirements of 10 V.S.A. chapter 64, provided that:

(A) the wastewater system meets the performance criteria of assuring that wastewater stays at least six inches below the naturally occurring ground surface, unless the system design requires otherwise, and assuring that there is no discharge to surface waters;

(B) the potable water supply and wastewater system meets the technical standards of the rules adopted under 10 V.S.A. Chapter 64, except that the wastewater system may be built on ground with a slope of up to 30 percent;

(C) a licensed designer provides a written statement certifying that the design-related information is true and correct and that, in the exercise of his or her reasonable professional judgment, the design of the potable water supply and wastewater system meets the performance criteria and technical standards described in subdivisions (1)(A) and (B) of this subsection;

(D) an installer or a licensed designer provides a written statement that the installation-related information is true and correct and that in the exercise of his or her reasonable professional judgment, the potable water supply and wastewater system were installed in accordance with the certified design, were inspected, were properly tested, and have successfully met those performance tests;

(E) copies of the design and installation certifications are filed in the land records for the municipality in which the project is located and with the secretary, and are properly indexed and recorded pursuant to 24 V.S.A. §§ 1154 and 1161.

(2) The exemption established under subdivision (1) of this subsection shall terminate:

(A) July 1, 2007, if the lot is not an improved lot; or

(B) for improved lots that have been improved between May 1, 2002 and June 30, 2007, when any action for which a permit is required occurs after June 30, 2007; or

(C) whenever the improved lot contains a building or structure other

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than only one single-family residence; or

(D) whenever the potable water supply or wastewater system fails.

(3) Definitions. As used in this subsection:

(A) “Improved lot” means a lot that has a substantially completed building or structure on it, and an associated, substantially completed potable water supply and wastewater system that may or may not be located on the lot.

(B) “Unimproved lot” means a lot that has no building or structure on it.

(C) “Substantially completed” means a building or structure, potable water supply, or wastewater system that is sufficiently constructed so that it can be used for its intended purpose with no further construction.

(f) Use of revised minimum site conditions.

(1) Until July 1, 2007, the revised minimum site conditions for the enhanced prescriptive approach and the performance based approach set forth in the rules adopted pursuant to10 V.S.A. chapter 64 shall not be used for wastewater systems serving lots that are created after May 1, 2002, unless the wastewater system is located in a municipality that has a confirmed planning process and zoning by-laws. This limitation shall not apply to lots that are ten acres or greater in size that are created between May 1, 2002 and October 31, 2002.

(2) After July 1, 2007, the revised minimum site conditions may be used in any municipality.

(g) List of approved products or components. The secretary shall maintain a list of innovative or alternative wastewater system components or products that have been approved for use, and shall update that list as new approvals are granted. Innovative or alternative wastewater system components or products that are currently approved are: at-grade systems, mound systems, recirculating sand filters, intermittent sand filters, waterless toilets together with greywater disposal systems, the Avantex textile treatment system, Ecoflow Biofilter peat treatment system, Presby Enviro-Septic gravel-less distribution pipe, Flout floating outlet distribution box, and the Orenco Hydro-splitter mechanical distribution alternative to a distribution box.

(h) Prioritization of on-site assistance by agency personnel. In the event of limited resources, when assigning staff of the agency of natural resources to perform on-site technical review and to provide assistance in determining existing site conditions, the secretary shall give the highest priority to those wastewater systems which may use the enhanced prescriptive or performance-based minimum site conditions and to wastewater systems located in municipalities that do not have both a confirmed planning process and valid

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zoning bylaws.

(i) Groundwater.

(1) In implementing 10 V.S.A. chapter 64, the secretary shall assure consistency with the requirements of 10 V.S.A. chapter 48.

(2) By July 1, 2007, the secretary shall implement the provisions of 10 V.S.A. chapter 48 and complete the aquifer mapping of the state required under that chapter.

(3) By January 15, 2003, the secretary shall submit a report to the chairs of the legislative committees on natural resources and energy, addressing the following:

(A) the status of aquifer mapping;

(B) the status of statewide groundwater classification;

(C) the status of mapping of naturally-occurring contaminants of concern that may preclude use of an aquifer for drinking water supplies;

(D) potential obstacles and difficulties in completing the work specified in this subsection, including the resources necessary to complete the aquifer mapping by July 1, 2007, and to complete the other work required within a reasonable timeframe;

(E) potential funding sources and partners for completing the work specified in this subsection; and

(F) a reasonable timeline for implementing the work specified in this subsection, assuming that the recommended resources are provided.

(j) Monitoring.

(1) A permitted wastewater system that has been designed using the performance-based approach for minimum site conditions described in the rules adopted under 10 V.S.A. chapter 64 shall be inspected annually by a licensed designer. Within 30 days of completing the annual inspection, the designer shall submit a written report to the secretary describing the functional status of the wastewater system. This annual inspection and reporting requirement shall terminate on July 1, 2007.

(2) The secretary shall compile data on the number and exact GIS location of wastewater systems permitted under the rules adopted under 10 V.S.A. Chapter 64 that would not have been able to be permitted under the rules that existed on May 1, 2002.

(3) The secretary, in consultation with the agency of commerce and community development and the technical advisory committee, shall submit two reports to the chairs of the house and senate committees on natural

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resources and energy describing the performance of systems described in subdivision (1) of this subsection, and the effect on land use development patterns that results from the use of those systems. The initial report shall be submitted by January 15, 2005; the final report shall be submitted by January 15, 2007.

(k) Planning.

(1) The agency of commerce and community development and the agency of natural resources shall provide technical assistance and funding assistance, as funds are available, for the purpose of revising municipal plans and bylaws. These funds are to address the needs arising from the increase in land area that would be available for development as a result of adoption of rules revising the minimum site conditions for on-site disposal of wastewater in Vermont.

(2) The agency of commerce and community development and the agency of natural resources, in consultation with the Vermont league of cities and towns and the Vermont association of planning and development agencies, shall develop a model groundwater protection ordinance by July 1, 2003, and shall make it available to all municipalities and, by July 1, 2007, shall develop a technical assistance program, including financial assistance as funds are available, for implementation of groundwater protection ordinances by interested municipalities.

(l) Holding tanks.

(1) Shrewsbury Library. Notwithstanding the requirements established in 10 V.S.A. § 1979(a)(1) and (3), the Shrewsbury Library shall be eligible for a permit under that section if it otherwise qualifies under that section. This eligibility shall apply as long as the building is used for a public purpose.

(2) Oakhill Children’s Center. Notwithstanding the requirements established in 10 V.S.A. § 1979(a)(1) and (3), the property in the Town of Pownal to be used by the Oakhill Children’s Center (currently under contract with Story Communications) shall be eligible for a permit under that section if it otherwise qualifies under that section. This eligibility shall apply, provided the building is used for a day care and children’s center, and provided the water supply meets the existing regulations for public water supply. Any permit so issued shall terminate upon the availability of the Pownal municipal sewer system.

Sec. 16. Sec. 13 of No. 46 of the Acts of the 1999 Session is amended to read:

Sec. 13. CURATIVE EFFECT OF ACT

(a) If there is compliance with the conditions of the permit exemptions described in subsection 1218(d) of Title 18 or its successor, 1974(b) of Title

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10, the failure to obtain a subdivision permit under section 1218 or a potable water supply and wastewater permit under chapter 64 of Title 10 and the failure to record such permit or comply with the requirements of such permit shall not constitute a violation that adversely affects the marketability of title under 27 V.S.A. chapter 5, subchapter 7.

(b) This section shall retroactively apply to these exempt properties.


Rep. Quaid of Williston, for the Committee on Ways and Means, recommends that the proposals of amendment recommended by the Committee on Natural Resources and Energy be amended as follows:

First: In Sec. 1, 10 V.S.A. § 1971(6), by striking the word “capable” and after the word “municipalities” by inserting the following: “demonstrating the capacity to administer the chapter”

Second: In Sec. 1, 10 V.S.A. § 1976(b), by striking the second sentence and inserting the following: However, to the extent that local ordinances and bylaws apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that those local ordinances and bylaws establish procedural requirements that are consistent with this chapter and the rules adopted under this chapter, those provisions of existing and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section.

Third: In Sec. 2, 3 V.S.A. § 2822(j)(4)(A), by striking the sum “$185.00” and inserting the sum “175.00” and in § 2822(j)(4)(B), by striking the sum “$175.00” and inserting the sum “185.00”

Fourth: In Sec. 12, amending 32 V.S.A. § 9606(c), by striking subdivision (2) and inserting the following:

(2) that the seller has advised the purchaser that local and state building regulations, zoning regulations, and subdivision regulations, and potable water supply and wastewater system requirements pertaining to the property may limit significantly limit the use of the property.


(For text see Senate Journal 4/18/2001, p. 569; 4/20/2001, p. 580)

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S. 300

An act relating to redistricting the Vermont Senate.

Rep. Hube of Londonderry, for the Committee on Government Operations, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

* * * Part I – Senate Redistricting ***


§ 1881. NUMBER TO BE ELECTED

Senatorial districts and the number of senators to be elected from each are as follows:

(1) Addison senatorial district, composed of the towns of Addison, Brandon, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Granville, Hancock, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Whiting and Weybridge........ two;

(2) Bennington senatorial district, composed of the towns of Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Whitingham, Winhall and Woodford........ two;

(3) Caledonia senatorial district, composed of the towns of Barnet, Bradford, Burke, Danville, Fairlee, Groton, Hardwick, Kirby, Lyndon, Newark, Newbury, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Topsham, Walden, Waterford, West Fairlee and Wheelock and Wolcott................ two;

(4) Chittenden senatorial district, composed of the towns of Bolton, Buel’s Gore, Burlington, Charlotte, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, South Burlington, Underhill, Westford, Williston, and Winooski......... six;

(5) Essex-Orleans senatorial district, composed of the towns of Albany, Averill, Avery’s Gore, Barton, Berkshire, Bloomfield, Brighton, Brownington, Brunswick, Canaan, Charleston, Concord, Coventry, Craftsbury, Derby, East Haven, Ferdinand, Glover, Granby, Greensboro, Guildhall, Holland, Irasburg, Jay, Lemington, Lewis, Lowell, Lunenburg, Maidstone, Montgomery, Morgan, Newport City, Newport Town, Norton, Richford, Sheffield, Troy, Victory, Warner’s Grant, Warren’s Gore, Westfield , and Westmore, Wolcott and Victory................ two;

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(6) Franklin senatorial district, composed of the towns of Alburg, Bakersfield, Berkshire, Enosburg, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Highgate, Montgomery, St. Albans City, St. Albans Town, Sheldon and Swanton................ two;

(7) Grand Isle senatorial district, composed of the towns of Alburg, Colchester, Grand Isle, Isle La Motte, North Hero, and South Hero...... one;

(8) Lamoille senatorial district, composed of the towns of Belvidere, Cambridge, Eden, Elmore, Hyde Park, Johnson, Morristown, Stowe and Waterville................ one;

(9) Orange senatorial district, composed of the towns of Braintree, Brookfield, Chelsea, Corinth, Orange, Randolph, Strafford, Thetford, Tunbridge, Vershire, Washington, West Fairlee and Williamstown......... one;

(10) Rutland senatorial district, composed of the towns of Benson, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsfield, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Killington, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven and West Rutland................ three;

(11) Washington senatorial district, composed of the towns of Barre City, Barre Town, Berlin, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury and Worcester...... three;

(12) Windham senatorial district, composed of the towns of Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Putney, Rockingham, Somerset, Stratton, Townshend, Vernon, Wardsboro, Westminster, Wilmington, Whitingham and Windham................ two;

(13) Windsor senatorial district, composed of the towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hartford, Hartland, Ludlow, Norwich, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Springfield, Stockbridge, Weathersfield, Weston, West Windsor, Windsor and Woodstock................ three.

* * * Part II - Subdivision of Initial Multi-Member House Districts * * *


§ 1893a. SUBDIVISION OF INITIAL DISTRICTS

(a) The following initial House districts, created and assigned more than two members by section 1893 of this title, as amended by No. 85 of the Acts of

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2002, are subdivided into final House districts, as designated and defined below, each of which shall be entitled to elect the indicated number of representatives:

(1) BENNINGTON-2 is subdivided into the following districts:

BENNINGTON-2-1. That portion of the town of Bennington not included in BENNINGTON-2-2. 2

BENNINGTON 2-2. That portion of the town of Bennington encompassed by a border beginning at the intersection of VT 7 and the Pownal town line; then northerly on the easterly side of VT 7 to the intersection with Monument Avenue; then north along the easterly side of Monument Avenue to the intersection with Dewey Street; then northerly along the easterly side of Dewey Street to the intersection with West Main Street; then southeasterly on the southerly side of West Main Street to the intersection with North Street; then northerly along the easterly side of North Street to the intersection with County Street; then easterly along the southerly side of County Street to the intersection with Park Street; then northerly along the easterly side of Park Street to the intersection with Roaring Branch River; then easterly along the southerly side of the river to the intersection with VT 9; then easterly along VT 9, encompassing both sides of the road, to the intersection with the Bennington-Woodford town line; then southerly along the westerly side of the Bennington - Woodford town line to the intersection with the Bennington - Pownal town line; then westerly along the northerly side of the Bennington-Pownal town line to the point of beginning. 2

(2) CHITTENDEN-3 is subdivided into the following districts:

CHITTENDEN-3-1. That portion of the City of Burlington known as the “new north end” situated to the north of a boundary beginning on the east at a point on Lake Champlain lying south westerly of Ridgewood Drive, then westerly to the Bike path, then northerly along the Bike path to Shore Road, then westerly along Shore Road to Fern Street, then southerly along Fern Street to Ivy lane, then westerly along Ivy Lane to Dodds Court, then northerly along Dodds Court to Shore Road, then westerly along Shore Road to North Avenue, then southerly along Shore Road to a point south of Leonard Street being the southern end of the census block, then easterly and northerly from that point along the census block line to include all residents of Avenue C on the west but not include residents of Lopes Avenue on the east, then westerly continuing along the census block line to include all residents of Arlington Court in the north but not include residents of Lopes Avenue and Roseade Parkway on the south, then easterly to Farrington Parkway, then southerly along Farrington Parkway to Ethan Allen Parkway, then northerly along Ethan Allen Parkway to a point beyond Ira lane being the intersection of the census block with Ethan Allen Parkway, then northwesterly along the census block line to Vermont

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Route 122, including all residents to the west but not including all residents to the east along James Avenue and James Court, then continuing northerly to the Winooski River. 2

CHITTENDEN 3-2. That part of the City of Burlington south of the boundary with CHITTENDEN-3-1 and north of a boundary with CHITTENDEN 3-3 beginning on Lake Champlain west of the Bike path and southwesterly of the intersection of North Avenue and Depot Street, then running northeasterly to the intersection of North Avenue and Depot Street, then northerly along North Avenue to Ward Street, then easterly along Ward Street and Manhattan Drive to Route 127, then northerly along Route 127 to the point of the intersection of Route127 with the boundary of the census block north of Manhattan Drive, not including the residents of that census block, then easterly to the point of the north eastern boundary of that census block, then northerly along a line to the west of and parallel to Route 127 to the northwestern point of the census block enclosing the area known as the Intervale, then northeasterly along the boundary of that census block to the Winooski River. 1

CHITTENDEN-3-3. That portion of the City of Burlington encompassed within a boundary beginning at that point where Maple Street extended westerly intersects with the shore of Lake Champlain; then proceeding easterly along Maple Street to the intersection with North Union Street; then proceeding northerly along the centerline of North Union Street to the intersection with North Street; then proceeding easterly along the centerline of North Street to the intersection with North Willard Street; then proceeding northerly along the centerline of North Willard Street to the intersection with

Riverside Avenue; then proceeding northerly along a line from the termination of Willard Street to the rail way tracks; then proceeding easterly along the railway tracks across the Winooski River railway bridge to the boundary between the cities of Burlington and Winooski at the Winooski River; then proceeding northerly along the Burlington-Winooski boundary line to the intersection with the Burlington-Colchester boundary line; then continuing

along the Burlington-Colchester boundary line to a designated point being the boundary of the census block and the Winooski River, then proceeding along the southern boundary of district CHITTENDEN-3-2 in a southwesterly, then southeasterly and then westerly direction to the intersection with Vermont Route 122; then southerly along the centerline of Vermont Route 122 to the intersection with Washington Street; then westerly along the centerline of Washington Street to the intersection with Ward Street; then southwesterly

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along the centerline of Ward Street to the intersection with North Avenue; then southeasterly along the centerline of North Avenue to the intersection with the census block line; then southwesterly along the census block line to the shore of Lake Champlain ; then southerly along the shore of Lake Champlain to the point of the beginning. 2

CHITTENDEN-3-4. That portion of the City of Burlington beginning where Maple street intersects with North Union Street; then proceeding northerly along the centerline of North Union Street to the intersection with North Street; then proceeding easterly along the centerline of North Street to the intersection with North Willard Street; then proceeding northerly along the centerline of North Willard Street to the intersection with Riverside Avenue;

then following a northerly line from the termination of North Willard Street to the railroad track; then proceeding easterly along the centerline of the railroad track to the intersection with Intervale Road; then proceeding southerly along the centerline of Intervale Road to the intersection with North Prospect Street;

then proceeding southerly along the centerline of North Prospect Street to the intersection with North Street; then proceeding easterly along the centerline of North Street to the intersection with Mansfield Avenue; then proceeding southerly along the centerline of Mansfield Avenue to the intersection with Colchester Avenue; then proceeding northeasterly along the centerline of Colchester Avenue to the intersection with East Avenue; then proceeding southerly along the centerline of East Avenue to the intersection with Main Street; then proceeding northwesterly along the centerline of Main Street to the intersection with the point where the boundary line between the cities of Burlington and South Burlington turns in a southerly direction; then proceeding southerly along the boundary line to the intersection with Davis Roadway; then proceeding southeasterly along the center line of Davis Roadway to the intersection with South Prospect Street; then proceeding northerly along the centerline of South Prospect Street to the intersection with Cliff Street; then proceeding westerly along the centerline of Cliff Street to the intersection with Summit Street; then proceeding northerly along the centerline of Summit Street to the intersection with Maple Street; then proceeding westerly along the centerline of Maple Street to the point of the beginning. 2

CHITTENDEN-3-5. That portion of the city of Burlington encompassed within a boundary beginning at a point where Wright Avenue extended westerly intersects with the shore of Lake Champlain; then proceeding easterly along the centerline of Wright Avenue to the intersection with Central Avenue; then proceeding southerly along the centerline of Central Ave to the

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intersection with Searway Lane; then proceeding easterly along the centerline of Searway Lane to the intersection with Pine Street; then proceeding northerly along the centerline of Pine Street to the intersection with Locust Street; then proceeding easterly along the centerline of Locust Street to the intersection with Shelburne Road; then proceeding northeasterly along the centerline of South Willard Street to the intersection with Cliff Street; then proceeding easterly along the centerline of Cliff Street to the intersection with Summit Street; then proceeding northerly along the centerline of Summit Street to the intersection with Maple Street; then proceeding westerly along the centerline of Maple Street to the shore of Lake Champlain; then proceeding southerly along the shore of Lake Champlain to the point of the beginning. 1

CHITTENDEN-3-6. That portion of the city of Burlington encompassed within a boundary beginning at a point where Queen City Park Road extended westerly intersects with the shore of Lake Champlain; then proceeding easterly along the centerline of Queen City Park Road to the intersection with Shelburne Road; then proceeding northerly along the centerline of Shelburne Road to Holt Street; then proceeding easterly along the centerline of Holt Street to the boundary between the cities of Burlington and South Burlington; then proceeding northerly along the boundary line to the intersection with Davis Roadway; then proceeding easterly along the centerline of Davis Roadway to South Prospect Street; then proceeding northerly along the centerline of South Prospect Street to the intersection with Cliff Street; then proceeding westerly along the centerline of Cliff Street to the intersection with South Willard Street; then proceeding southeasterly along the centerline of South Willard Street to the intersection with Shelburne Road; then proceeding westerly along the centerline of Locust Street to the intersection with Pine Street; then proceeding southerly along the centerline of Pine Street to the intersection with Searway Lane; then proceeding westerly along the centerline of Searway Lane to the intersection with the railroad track; then proceeding southerly along the railroad track to the intersection with Harrison Avenue; then proceeding westerly along the centerline of Harrison Avenue to the intersection with Central Avenue; then proceeding along the center line of Wright Avenue to the point of the beginning. 1

CHITTENDEN-3-7 That portion of the City of Winooski and the City of Burlington encompassed within a boundary beginning in Winooski at the intersection of North Street and the boundary with the town of Colchester; then proceeding southerly along the centerline of North Street to the intersection with Pine Street; then proceeding westerly along the centerline of Pine Street to the intersection with Audette Street; then proceeding southeasterly along the

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centerline of Audette Street to the intersection with Hall Street; then proceeding southwesterly along the centerline of Hall Street to the intersection with Hickock Street; then proceeding southeasterly along the centerline of Hickock Street to the intersection with the census block line; then proceeding easterly along the census block line to the intersection with Malletts Bay Avenue; then proceeding southeasterly along the centerline of Malletts Bay Avenue to the intersection with Main Street; then proceeding southerly along the centerline of Main Street to the intersection with the northern riverbank of the Winooski River; then proceeding easterly along the northern riverbank of the Winooski River to the intersection with Interstate 89; then proceeding southerly along the centerline of Interstate 89 to the boundary line between the cities of Winooski and South Burlington; then proceeding southwesterly along the Burlington-South Burlington boundary line until the intersection of Main Street and East Avenue; then proceeding northerly along the centerline of East Avenue in Burlington until it intersects with Colchester Avenue; then proceeding southwesterly and then westerly along the centerline of Colchester Avenue until it intersects with Mansfield Avenue; then proceeding northerly along the centerline of Mansfield Avenue to the intersection with North Street; then proceeding westerly along the centerline of North Street to the intersection with North Prospect Street; then proceeding northerly and northwesterly along the centerline of North Prospect Street to the intersection of the census block line; then proceeding easterly along the census block line across the Winooski River to the intersection with the boundary between the cities of Burlington and Winooski; then proceeding northerly along the Burlington-Winooski boundary line until the intersection with the boundary between the city of Winooski and the town of Colchester; then proceeding northerly along the Winooski-Colchester boundary line until the intersection with Mallets Bay Avenue; then proceeding northerly, then southerly, then easterly, then northeasterly, then northwesterly, and then northerly along the boundary line until the intersection with the northwest point of the boundary line; then proceeding southeasterly along the boundary line to the point of the beginning. 1

CHITTENDEN-3-8. That portion of the City of Winooski not encompassed in CHITTENDEN 3-7. 1

CHITTENDEN-3-9. That portion of the City of South Burlington starting at a point on Lake Champlain at the Shelburne-South Burlington boundary and following the Shelburne-South Burlington boundary easterly to Shelburne Road, then northerly following Shelburne Road to Allen Road, then easterly following Allen Road to Spear Street, then northerly on Spear Street to

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Pheasant Way, then westerly on Pheasant Way to Deerfield Drive, then northerly on Deerfield Drive, then easterly on Deerfield Drive to the intersection with Spear Street, then across Spear Street to Howland Farm Road to the intersection with Pinnacle Drive, then northerly on Pinnacle Drive, then easterly on Pinnacle Drive, then northerly on Pinnacle Drive, then westerly on Pinnacle Drive, then southerly on Pinnacle Drive to the intersection with Olivia Drive, then westerly along Olivia Drive to Spear Street, then northerly on Spear Street to Swift Street, then westerly on Swift Street, to Shelburne Road, then westerly along the Burlington-South Burlington boundary to Lake Champlain, then following the shore of Lake Champlain southerly to the point of beginning. 1

CHITTENDEN 3-10. That portion of the City of South Burlington starting at the junction of Dorset Street and the Shelburne-South Burlington boundary and proceeding easterly to the junction of the Shelburne-South Burlington-Williston boundaries, then northerly following the Williston-South Burlington boundary to Williston Road, then continuing westerly to the intersection of Hinesburg Road/ Patchen Road, then southerly following Hinesburg Road to Woodcrest Street, then westerly on Woodcrest Street, then northerly on Woodcrest Street, then westerly on Woodcrest Street, then southerly on Woodcrest Street to Dean Street, then easterly on Dean Street to Hinesburg Road, then southerly along Hinesburg Road to Interstate 89, then westerly along Interstate 89 to its intersection with Dorset Street, then southerly to Swift Street, then westerly following Swift Street to Spear Street, then southerly along Spear Street to Olivia Drive, then easterly on Olivia Drive to Pinnacle Drive, then northerly on Pinnacle Drive, then easterly on Pinnacle Drive, then southerly on Pinnacle drive, then westerly on Pinnacle Drive, then southerly on Pinnacle Drive to Howland Farm Road, then westerly to Spear Street, then across Spear Street to Deerfield Drive, then westerly on Deerfield Drive, then southerly on Deerfield Drive to Pheasant Way, then easterly on Pheasant Way to Spear Street, then southerly along Spear Street to Allen Road, then westerly following Allen Road to the intersection of Shelburne Road, then southerly on Shelburne Road to the Shelburne-South Burlington boundary, then easterly on the Shelburne-South Burlington to the point of beginning at Dorset Street and the Shelburne-South Burlington boundary.

1

CHITTENDEN-3-11 That portion of the City of South Burlington starting at the junction of the Burlington-South Burlington boundary and Williston Road and following that boundary starting northerly following the city boundary to the Winooski River, then following the South Burlington-Winooski River boundary to Muddy Brook, then following the Muddy Brook - South Burlington boundary to Williston Road, then westerly to Hinesburg

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Road/Patchen Road, then southerly to Woodcrest Street, then westerly on Woodcrest Street, then northerly on Woodcrest Street, then westerly on Woodcrest Street, then southerly on Woodcrest Street to Dean Street, then easterly on Dean Street to Hinesburg Road, then continuing southerly on Hinesburg Road to Potash Brook, then westerly following the centerline of Potash Brook, to the intersection with Kennedy Drive, then westerly on Kennedy Drive to Dorset Street, then northerly on Dorset Street, to Williston Road, then westerly to the point beginning at the junction of the Burlington - South Burlington boundary and Williston Road. 1

CHITTENDEN-3-12 That portion of South Burlington not contained in Chittenden-3-9, Chittenden-3-10, or Chittenden-3-11. 1


CHITTENDEN-6-1. That portion of the Town of Essex not included in CHITTENDEN-6-3. 2

CHITTENDEN-6-2 . The Village of Essex Junction. 2

CHITTENDEN-6-3. The Town of Westford, plus that portion of the Town of Essex bounded by the center line of the road from Curve Hill at the Colchester Town line; thence to Lost Nation Road; then northerly on Old Stage Road to Towers Road; then continuing easterly to Brown’s River Road to Weed Road; then easterly on Jericho Road to the Jericho town line. 1


CHITTENDEN-7-1. That portion of the town of Colchester north of Mallets Creek and west of Interstate 89 to the Milton town line, plus that portion of the town of Colchester east of Interstate 89. 2

CHITTENDEN-7-2. That portion of the town of Colchester not included in CHITTENDEN 7-1. 2

(5) GRAND ISLE-CHITTENDEN-1 is subdivided into the following districts:

GRAND ISLE-CHITTENDEN-1-1. The towns of Alburg, Grand Isle, Isle La Motte, North Hero and South Hero, plus that portion of the town of Milton bounded by a line beginning at the mouth of the Lamoille River and Lake Champlain; then along the river upstream to the Interstate 89 bridge crossing the Lamoille River, then northerly along Interstate 89 to the to the Georgia town line; then along the Georgia town line to lake Champlain; then southerly along the lakeshore to the place of beginning. 2

- 1970 -

CHITTENDEN-9. That portion of the town of Milton not included in GRAND ISLE-CHITTENDEN-1. 2

(6) RUTLAND-1 is subdivided into the following districts:RUTLAND –1-1. The town of Poultney and that part of the town of

Ira encompassed within a boundary beginning in the southwest at the intersection of the town boundaries of Ira, Middletown Springs and Poultney, then northerly along the boundary with Poultney and continuing northerly along the boundary with Castleton, then easterly along the boundary with Castleton to the boundary with West Rutland, then southeasterly along the boundary with West Rutland to the ridge line of the mountain range, then southwesterly along the ridge line of the mountain range to the boundary with Middletown Springs, then westerly along the boundary with Middletown Springs to the point of beginning. 1

RUTLAND –1-2. The towns of Clarendon, Proctor, West Rutland and that part of the town of Ira not included in RUTLAND –1-1. 2

(7) RUTLAND-5 is subdivided into the following districts:

RUTLAND-5-1. T hat portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland City and Rutland Town intersects with Lincoln Avenue; then southerly along the east side of the centerline of Lincoln Avenue to the intersection of West Street; then easterly along the north side of the centerline of West Street across North Main Street; then easterly along the north side of Terrill Street to the intersection of Lafayette Street; then southerly along the east side of the centerline of Lafayette Street to the intersection of Easterly Avenue; then easterly along the north side of Easterly Avenue to the intersection of Easterly Avenue and Piedmont Drive; then easterly along the north side of the centerline of Piedmont Drive to the intersection of Piedmont Drive and Piedmont Parkway; then easterly along the centerline of Piedmont Parkway to the intersection of Piedmont Parkway and Stratton Road; then southerly along the easterly side of the centerline of Stratton Road to the intersection of Stratton Road and Killington Avenue; then easterly along the north side of the centerline of Killington Avenue, including both sides of Grandview Terrace, to the boundary between Rutland City and Rutland Town; then northerly following the boundary line to its intersection with Gleason Road; then westerly along the south side of the centerline of Gleason Road to Woodstock Avenue; then following the boundary line back to the point of beginning. 1

RUTLAND-5-2. That portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland

- 1971 -

City and Rutland Town intersects with South Main Street; then northerly along the easterly side of the centerline of South Main Street to the intersection of South Main Street and Strongs Avenue; then northwesterly along the east side of the centerline of Strongs Avenue to the intersection of Strongs Avenue and Prospect Street; then northerly along the east side of the centerline of Prospect Street to the intersection of Prospect Street and Washington Street; then easterly along the south side of the centerline of Washington Street to the intersection of Washington Street and Court Street; then northerly along the east side of the centerline of Court Street to the intersection of Court Street and West Street; then easterly along the south side of the centerline of West Street, to the intersection of West Street and South Main Street; then east across South Main Street; to the intersection of South Main Street and Terrill Street; then easterly along the south side of the centerline of Terrill Street to the intersection of Terrill Street and Lafayette Street; then southerly along the west side of the centerline of Lafayette Street to the intersection of Lafayette Street and Easterly Avenue; then easterly along the south side of the centerline of Easterly Avenue to the intersection of Easterly Avenue and Piedmont Drive; then easterly along the south side of the centerline of Piedmont Drive to the intersection of Piedmont Drive and Piedmont Parkway; then easterly along the south side of the centerline of Piedmont Parkway to the intersection of Piedmont Parkway and Stratton Road; then southerly along the west side of the centerline of Stratton Road to the intersection of Stratton Road and Killington Avenue; then easterly along the south side of the centerline of Killington Avenue to the boundary of Rutland City and Rutland Town; then southerly along the city line to the intersection of the city line and South Main Street to the point of beginning. 1

RUTLAND-5-3. That portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland City and Rutland Town intersects with South Main Street; then northerly along the west side of the centerline of South Main Street to the intersection of South Main Street and Strongs Avenue; then northwesterly along the west side of the centerline of Strongs Avenue to the intersection of Strongs Avenue and Prospect Street; then northerly along the west side of the centerline of Prospect Street to the intersection of Prospect Street and Washington Street; then easterly along the north side of the centerline of Washington Street to the intersection of Washington Street and Court Street; then northerly along the west side of the centerline of Court Street to the intersection of Court Street and West Street; then easterly along the north side of the centerline of West Street to the intersection of West Street and Lincoln Avenue; then northerly along the west side of the centerline of Lincoln Avenue to the intersection of Lincoln Avenue and Williams Street; then west along the south side of the centerline of Williams Street to the intersection of Williams Street and Grove

- 1972 -

Street; then north along the west side of the centerline of Grove Street to the intersection of Grove Street and Maple Street; then west along the south side of the centerline of Maple Street to the intersection of Maple Street and Pine Street; then south along the east side of the centerline of Pine Street to the intersection of Pine Street and Robbins Street; then west along the south side of the centerline of Robbins Street to the intersection of Robbins Street and Baxter Street; then south along the east side of the centerline of Baxter Street to the intersection of Baxter Street and State Street; then west along the south side of the centerline of State Street to the intersection of State Street and Cramton Avenue; then south along the east side of the centerline of Cramton Avenue to the intersection of Cramton Avenue and West Street; then westerly along the south side of the centerline of West Street to the intersection of Ripley Road; then southerly along the Rutland City - Rutland Town line to the intersection of the city line and South Main Street, the point of beginning. 1

RUTLAND-5-4. That portion of the City of Rutland not located within the boundaries of Districts 5 - 1, 5 - 2 or 5 - 3. 1

(8) WASHINGTON-3 is subdivided into the following districts:

WASHINGTON -3-1. That portion of the City of Barre bounded on the north, east and south by the Barre Town, and bounded on the west by a line running along the center of Hall Street to the intersection of Elm Street; then along the center of Elm street to the intersection of North Main Street; then along the center of North Main Street to the intersection of Prospect Street; then along the center of Prospect Street to the intersection of Allen Street; then along the western back lot line of Allen Street to the Barre town boundary. 1

WASHINGTON-3-2. That portion of the City of Barre bound on the north and south by the Barre Town line, on the east by the boundary with WASHINGTON-3-1, and on the west by the boundary with WASHINGTON-3-3. 1

WASHINGTON-3-3. The town of Berlin and that portion of the City of Barre bound on the west by the Berlin town line, on the north and south by the Barre Town line, and on the east by a boundary running from the Barre Town northern boundary along the center of Beckley Street; then along the center of Third Street to North Main Street; then along the center of North Main Street to the intersection of Berlin Street; then along the center of Berlin Street to Prospect Street; then along the center of Prospect Street to the Barre town line. 1

(9) WINDHAM-3 is subdivided into the following districts:

- 1973 -

WINDHAM-3-1. That portion of the Town of Brattleboro to the west of a boundary beginning at Upper Dummerston Road at the Dummerston town line; then southeasterly along the centerline of Upper Dummerston Road to Interstate 91; thence southerly along the median of Interstate 91 to Williams Street; then easterly along the centerline of Williams Street to where the Whetstone Brook crosses; then southwesterly along the western bank of the Whetstone Brook to Lamson Street and southerly along the centerline of Lamson Street to Chestnut Street; then westerly along the centerline of Chestnut Street to I - 91; then southerly along the median of Interstate 91 to the Guilford town line. 1

WINDHAM -3-2. That portion of the Town of Brattleboro to the south of a boundary beginning at the Connecticut River at the Whetstone Brook, westerly along the southern bank of the Whetstone Brook to Elm Street; then northerly along the centerline of Frost Street to Williams Street and following the centerline of Williams Street to West Street; then westerly along the centerline of West Street to Williams Street and westerly along the centerline of Williams Street to where the Whetstone Brook crosses; then southwesterly along the eastern bank of the Whetstone Brook to Lamson Street and southerly along the centerline of Lamson Street to Chestnut Street; then westerly along the centerline of Chestnut Street to I - 91, and east of I - 91 to the Guilford town line. 1

WINDHAM- 3-3. That portion of the Town of Brattleboro not located in Windham Districts 3 - 1 or 3 - 2. 1

(10) WINDSOR-1 is subdivided into the following districts:

WINDSOR-1-1. The towns of Andover, Baltimore, Chester and that portion of the town of Springfield encompassed within a boundary beginning at the Chester - Springfield town lines at Northfield Drive; then easterly along the centerline of Northfield Drive to the intersection with Fairbanks Road; then northerly along the centerline of Fairbanks Road to the intersection with Main Street, North Springfield; then easterly along the centerline of Main Street, North Springfield to the intersection with the County Road; then northeasterly along the centerline of the County Road to the intersection with VT 106; then northwesterly along the centerline of VT 106 to the intersection with the Baltimore Road; then northwesterly along the centerline of the Baltimore Road to the Chester boundary line; then southerly along the Chester boundary line to the point of the beginning. 1

WINDSOR-1-2. That portion of the town of Springfield not part of WINDSOR-1-1. 2

- 1974 -

(11) WINDSOR-6 is subdivided into the following districts:

WINDSOR-6-1. T he towns of Barnard and Pomfret and that portion of the town of Hartford lying westerly and northerly of a boundary beginning on the Norwich-Hartford town line at the centerline of Newton Lane; then southerly along the centerline of Newton Lane to its intersection with Jericho Street; then westerly along the centerline of Jericho Street to its intersection with Dothan Road; then southerly along the centerline of Dothan Road to VT 14; then westerly along the centerline of VT 14 to the intersection of the centerline of Runnels Road and VT 14; then at a right angle to a utility pole marked 137T/6/NET&T/3>/136/GMP Corp/156/40030 on the south edge of VT 14; then southerly in a straight line across the White River to the junction of Old River Road and the beginning of Costello Road; then southerly and easterly along the center of Costello Road to its end on U.S. Route 4; then westerly along the centerline of U.S. Route 4 to the intersection of Waterman Hill Road; then northerly along the centerline of Waterman Hill Road to the northerly low watermark of the Ottauquechee River; then westerly and southerly along the northerly and westerly low watermark of the Ottauquechee River to the Hartford-Hartland town line; then westerly along the town line to the northerly low watermark of the Ottauquechee River; then along the northerly low watermark of the Ottauquechee River to the Hartford-Pomfret town line. 1

WINDSOR -6-2. T hat portion of the town of Hartford not located in Windsor 6-1. 2

* * * Part III – Subdivision of Initial Two-Member House Districts * * *

(b) The following initial House districts, created and assigned two members by section 1893 of this title, as amended by No. 85 of the Acts of 2002, are subdivided as recommended by their respective boards of civil authority into final House districts, as designated and defined below, each of which shall be entitled to elect one representative:


CHITTENDEN-1-1. The town of Hinesburg, except two portions: the first being that portion of the town of Hinesburg in the southwest corner of the town bounded by a line beginning at the intersection of the Monkton town line and Baldwin Road, then northerly along Baldwin Road to its intersection with Drinkwater Road, then westerly along the center line of Drinkwater Road to the Charlotte town line; and the second being that portion of the town of Hinesburg in the northwest corner of the town bounded by a line beginning at the junction of VT 116 and the St. George town line; then southerly along the centerline of VT 116 to its intersection with Falls Road; then westerly along

- 1975 -

the centerline of Falls Road to its intersection with O’Neill Road; then westerly along the centerline of O’Neill Road to the Charlotte town border. 1

CHITTENDEN-1-2. The town of Charlotte, plus the two portions of the town of Hinesburg not included in CHITTENDEN-1-1. 1


CHITTENDEN-5-1. That portion of the town of Shelburne bounded by a line beginning on the southwest corner of the Shelburne - Charlotte town line, then following the shore of Lake Champlain to the mouth of Munroe Brook, including all of the Lake that is part of the town of Shelburne, then upstream along the center of Munroe Brook to the intersection with Spear Street, then south along the centerline of Spear Street to the Shelburne-Charlotte town line,then west along the Shelburne - Charlotte town line to the place of beginning. 1

CHITTENDEN-5-2. The town of St. George, plus that portion of Shelburne which is not in CHITTENDEN-5-1. 1

*** Part IV – Revisions to Some Initial Districts ***

Sec. 3. 17 V.S.A. §1893, as amended by No. 85 of the Acts of the 2002, is further amended:

(a) In district CHITTENDEN-8, as follows:

CHITTENDEN-8 Jericho, Underhill, and, in Bolton, the 2

following census blocks 002900: 4001,

4002, 4003, 4004, 4007 and 4998

(b) In district WASHINGTON-CHITTENDEN-1, as follows:

WASHINGTON- Waterbury, Duxbury, that part of Bolton 2

CHITTENDEN-1 not in CHITTENDEN-8, Buel’s Gore and

Huntington

Sec. 4. 17 V.S.A. § 1893, as amended by No. 85 of the Acts of the 2002, is further amended:

(a) In districts ADDISON-4 and ADDISON-5, as follows:

ADDISON-4 Bristol and, in Monkton, the following 1

census blocks 960100: 3023, 3026, 3027,

3028, 3029, 3031, 3037, 3038, 3039, 3040, - 1976 -

3041, 3042, 3043, 3044, 3045, 3046 and 3047

ADDISON-5 Lincoln, Starksboro and that part of

Monkton not in ADDISON-4 1

ADDISON-4 Bristol, Lincoln, Monkton and Starksboro 2

(b) By redesignating district ADDISON-6 to be “ADDISON-5”.

Sec. 5. 17 V.S.A. § 1893, as amended by No. 85 of the Acts of the 2002, is further amended:

(a) In district ORANGE-WINDSOR-1 as follows:

ORANGE- Sharon, Strafford, Thetford, Tunbridge, and

WINDSOR-1 Norwich 2

(b) In district WINDSOR-7 as follows:

WINDSOR- 7 Royalton and Sharon Tunbridge 1

ORANGE -1

* * * Part IV - Revisions of Some Boundary Descriptions * * *

Sec.6. REVISIONS OF BOUNDARY DESCRIPTIONS

(a) The boundary description for district BENNINGTON-5 set out in 17 V.S.A. § 1893, as amended by No. 85 of the Acts of 2002, is revised to read:

BENNINGTON -5. Arlington, Sandgate, Sunderland and that part of Rupert encompassed within a boundary beginning at the intersection of the New York state line with VT 153, then northeasterly along the centerline of VT 153 to the intersection with East Street, thence easterly along the centerline of East Street to the intersection with Kent Hollow Road, then southerly along the centerline of Kent Hollow Road to the Sandgate town line. 1

(b) The boundary description set out in 17 V.S.A. § 1893, as amended by No. 85 of the Acts of 2002, for District WINDHAM-4 is amended to read:

WINDHAM-4. Athens, Brookline, Grafton, Rockingham, Windham, plus that part of Westminster encompassed within a boundary beginning at the intersection of the Rockingham town line with Interstate 91; then southeasterly along the centerline of Interstate 91to the intersection with the Saxtons River; then easterly along the centerline of the Saxtons River until the intersection with Saxtons River Road (VT 121); then southeasterly along the centerline of Saxtons River Road until the intersection with Church Avenue; then easterly along the centerline of Church Avenue until the intersection with Saxtons

- 1977 -

River Road; then northerly along the centerline of Saxtons River Road until the intersection of Forest Road; then southerly along the centerline of Forest Road to the intersection with the Saxtons River; then northeasterly along the centerline of the Saxtons River to the intersection with the Connecticut

River. 2

*** Part V Revision of Some District Names ***

Sec. 7. REVISION OF CERTAIN DISTRICT DESIGNATIONS

(a) The following initial district designations in 17 V.S.A. §1893, as amended by No. 85 of the Acts of 2002, are redesignated as follows:

(1) Initial House district “BENNINGTON-WINDHAM-1” is redesignated “WINDHAM-BENNINGTON-1”.

(2) Initial House district “BENNINGTON-WINDHAM-WINDSOR-1” is redesignated “WINDHAM-BENNINGTON-WINDSOR-1”.

(3) Initial House district “CALADONIA-ORLEANS-1” is redesignated “ORLEANS-CALADONIA-1”.

(4) Initial House district “CALEDONIA-ORANGE-1” is redesignated “ORANGE-CALEDONIA-1”.

(5) Initial House district “ORANGE-WINDSOR-1” is redesignated “WINDSOR-ORANGE-2”

(6) Initial House district “LAMOILLE-2” is redesignated “LAMOILLE-4” and initial House District “LAMOILLE-4” is redesignated “LAMOILLE-2”.

(7) Initial House district “RUTLAND-WINDSOR-2” is redesignated “WINDSOR-RUTLAND-1”.

(8) Initial House district “RUTLAND-WINDSOR-3” is redesignated “WINDSOR-RUTLAND-2”.

(b) Section 1893 of Title 17, as amended by No. 85 of the Acts of 2002, is further amended to list the districts in alphabetical and numerical order according to their redesignations by this and other sections of this act.

* * * EFFECTIVE DATE ***


This act shall take effect from passage, and apply to representative and senatorial districts for the 2002 election cycle and thereafter.

- 1978 -

And that the title be amended to read: AN ACT RELATING TO REDISTRICTING THE SENATE AND THE HOUSE OF REPRESENTATIVES.


(For text see Senate Journal 4/29/2002, p. 839)

Reports Committees of Conference

H. 708

The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon House Bill H.708, entitled:

AN ACT RELATING TO HIGH SCHOOL DIPLOMAS FOR WORLD WAR II, KOREAN CONFLICT AND VIETNAM WAR VETERANS

Respectfully report that they have met and considered the same, and recommend that the Senate recede from its proposal of amendment and that the bill be further amended by striking all after the enacting clause and by inserting in lieu thereof the following:

Sec. 1. FINDINGS

The General Assembly finds:

(1) This act is intended to honor veterans of World War II who never completed their secondary education.

(2) The awarding of high school diplomas to World War II veterans does not diminish, in any manner, the extraordinary sacrifices which the veterans of more recent military conflicts have made on our nation’s behalf.

(3) This act can serve as a model for future legislatures to honor the veterans of more recent military conflicts when a suitable span of time has passed between the conflict’s conclusion and the adoption of authorizing legislation.

(4) On December 7, 1941, planes of the Japanese Air Force attacked the U.S. Naval Base at Pearl Harbor, Hawaii, marking the first time a foreign military force had attacked American territory since the War of 1812. In response to this attack, the United States declared war against Japan, and, soon thereafter, the Axis Powers.

(5) As a result of these declarations of war, the nation’s youth of that era, who have since been lauded as the greatest generation of Americans, was mobilized, and served our country valiantly with pride and distinction. The courage of these young Americans assured a resounding United States military victory in the nearly four-year-long conflict that preserved our nation’s freedoms.

- 1979 -

(6) As this generation was discharged from military service in 1945 and 1946, many of these veterans, who had delayed marriage and starting families because of their World War II military obligations, immediately entered the workforce. In that era, when technical knowledge was not as essential an occupational commodity as it is in the 21st century, many of these veterans elected not to complete their high school education.

(7) Over half a century has elapsed since VE and VJ Days. These World War II veterans have largely retired from their careers, and are now senior citizens whose numbers are rapidly decreasing.

(8) It is fitting for the state of Vermont to honor the remaining members of the greatest generation by awarding those who did not complete their secondary education an official high school diploma to symbolize, in a small way, the gratitude of all Vermonters for the sacrifices endured in order that, today, we can live in freedom.

Sec. 2. 16 V.S.A. § 563(25) is added to read:

(25) shall, if it is a school board of a school district which maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II, was honorably separated from active federal military service, and does not hold a high school diploma. The state board shall develop and make available an application form for veterans who wish to request a high school diploma.

and that the bill be further amended by amending the title to read:

AN ACT RELATING TO HIGH SCHOOL DIPLOMAS FOR WORLD

WAR II VETERANS

Jean AnkeneyDiane SnellingHull MaynardCommittee on the part of the Senate

Kathy LavoieJack AndersonDonny OsmanCommittee on the part of the House

(For text see Senate Journal 4/23/2002, p. 802 )

(For text see House Journal 3/12/2002, p. 457; 3/13/2002, p. 468)

H. 750

The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon House Bill H.750, entitled:

- 1980 -

AN ACT RELATING TO ARREST WITHOUT A WARRANT

Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposal of amendment and further recommends that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE INTENT

In subsection (b) of Rule 3 of the Vermont Rules of Criminal Procedure, regarding arrest without a warrant for a misdemeanor committed in an officer’s presence, the phrase “while the crime is being committed or without unreasonable delay” has not yet been interpreted by Vermont courts. How long a delay is deemed to be reasonable where a person has committed or is committing a misdemeanor in the presence of an officer will necessarily depend on particular factual circumstances. As one author has noted, at common law, the failure to take prompt action was conclusive evidence that there was no necessity to take the offender into custody. FISHER LAW OF ARREST § 87, at 189; William A. Schroeder, Warrantless Misdemeanor Arrests and the Fourth Amendment, 58 Mo. L. Rev. 771, 851 (1993). On the other hand, where the delay is caused by “fresh pursuit” of the offender, that traditional doctrine clearly meets the test of “without unreasonable delay.” See FISHER, supra , at 182. Schroeder would require “exigent circumstances” to justify warrantless arrests for misdemeanors committed outside the arresting officer’s presence. Schroeder, supra , 851, 853. The passage of time compelled by “exigent circumstances,” as fresh pursuit, that are integrally related to the course of events beginning with the officer’s observation of the misdemeanor and leading to the moment of apprehension, constitutes reasonable delay. No specific limits in seconds or minutes is intended by the phrase “without unreasonable delay,” but it is equally clear arrest must follow promptly after it is feasible under the facts and circumstances of a particular case.

Sec. 2. Rule 3 of the Vermont Rules of Criminal Procedure is amended to read:

RULE 3. ARREST WITHOUT A WARRANT; CITATION TO APPEAR

(a) Arrest Without a Warrant for a Felony Offense. A law enforcement officer may arrest without warrant a person whom the officer has probable cause to believe has committed or is committing a crime in the presence of the officer. Such an arrest shall be made while the crime is being committed or without unreasonable delay thereafter. An officer may also arrest a person without warrant in the following situations: felony.

(1) when the officer has probable cause to believe a person has committed or is committing a felony;

- 1981 -

(2) when the officer has probable cause to believe:

(A) that a person has violated an abuse prevention order issued by a court in this state pursuant to Chapter 21 of Title 15 or Chapter 69 of Title 33;

(B) that a person has violated a foreign abuse prevention order issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia;

(C) that a person has committed a misdemeanor which involves an assault against a family member, or against a household member as defined in 15 V.S.A. § 1101(2), or a child of such a family or household member;

(D) that a person has committed a misdemeanor which involves an assault against, or sexual activity as defined in 33 V.S.A. § 6902(11) with,

(i) an individual over the age of 60, or

(ii) an adult whom the officer has reason to believe has a disability which prevents the adult from providing his or her own care or protection, or

(iii) a minor child of such an individual or adult,

or that a person has abused, as defined in 33 V.S.A. § 6902(1), such an individual, adult, or child; or

(E) that a person has violated a hate-motivated crime injunction pursuant to chapter 33 of Title 13.

(3) when the officer has probable cause to believe that a person has committed a misdemeanor and the person has refused to identify himself or herself when requested by the officer. An arrest under this subdivision shall be made without unreasonable delay after the alleged offense was committed, and not thereafter. In the case of an arrest under this subdivision, the person may be detained only until he or she is identified;

(4) when the officer has probable cause to believe that a person has committed a misdemeanor and, if not immediately arrested, will cause personal injury or damage to property. An arrest under this subdivision shall be made without unreasonable delay after the alleged offense was committed, and not thereafter;

(5) when the officer has probable cause to believe a person has committed or is committing a violation of 23 V.S.A. § 1128 or 23 V.S.A. § 1201;

(6) when the officer has probable cause to believe: (i) that a person who is the subject of a judicial order commanding him or her to appear at a specified time and place or be subject to arrest has, without just cause, failed to

- 1982 -

appear as ordered; or (ii) that a person has violated a condition of release relating to a restriction on travel or a condition that he or she not directly contact, harass or cause to be harassed a victim or potential witness;

(7) pursuant to the authority granted by 28 V.S.A. § 551 pertaining to persons on parole, the authority granted under 28 V.S.A. § 363 pertaining to persons serving supervised community sentence, and the authority granted by 28 V.S.A. § 301 pertaining to persons on probation.

Probable cause shall be based on the same evidence required for issuance of a summons or warrant under Rule 4(b). If arrest is not authorized under this rule, an officer may issue the person a citation to appear before a judicial officer.

(b) Arrest Without a Warrant for a Misdemeanor Offense Committed in the Presence of an Officer. A law enforcement officer may arrest without a warrant a person whom the officer has probable cause to believe has committed or is committing a misdemeanor in the presence of the officer. Such an arrest shall be made while the crime is being committed or without unreasonable delay.

(c) Nonwitnessed Misdemeanor Offenses. If an officer has probable cause to believe a person has committed or is committing a misdemeanor outside the presence of the officer, the officer may issue a citation to appear before a judicial officer in lieu of arrest. The officer may arrest the person without a warrant if the officer has probable cause to believe:

(1) The person has failed to provide satisfactory proof of identity.

(2) Arrest is necessary to obtain nontestimonial evidence upon the person or within the reach of the person, including an evidentiary test for purposes of determining blood alcohol content.

(3) Arrest is necessary to prevent the continuation of the criminal conduct for which the person was detained, to prevent harm to the person detained or harm to another person.

(4) The person has no ties to the community reasonably sufficient to assure his or her appearance, or there is a likelihood that he or she will refuse to respond to a citation.

(5) The person has previously failed to appear in response to a citation, summons, warrant, or other court order issued in connection with the same or another offense.

(6) The person has violated an abuse prevention order issued by a court in this state pursuant to 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69.

- 1983 -

(7) The person has violated a foreign abuse prevention order issued by a court in any other state, federally-recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia.

(8) The person has committed a misdemeanor which involves an assault against a family member, or against a household member, as defined in 15 V.S.A. § 1101(2), or a child of such a family or household member .

(9) The person has violated 33 V.S.A. § 6913(d) (sexual activity between a caregiver and an elderly or disabled adult).

(10) The person has abused, as defined in 33 V.S.A. § 6902(1):

(A) a person over the age of 60;

(B) an adult whom the officer has reason to believe has a disability which prevents the adult from providing his or her own care or protection; or

(C) a minor child of such a person.

(11) The person has violated 23 V.S.A. § 1201 (operating a vehicle under the influence), and has a prior conviction under section 1201.

(12) The person has violated a hate-motivated crime injunction issued pursuant to chapter 33 of Title 13.

(13) The person has violated a condition of release that relates to:

(A) a restriction on travel, including curfew;

(B) the operation of a motor vehicle; or

(C) direct or indirect contact or harassment of a victim or potential witness.

(14) The person has violated 13 V.S.A. § 1062 (stalking).

(15) The person has violated 13 V.S.A. § 1023 (simple assault).

(16) The person has violated 13 V.S.A. § 1025 (recklessly endangering another person).

(17) The person has violated 13 V.S.A. § 1304 (cruelty to children under ten by one over 16).

(d) Persons under the Supervision of the Commissioner of Corrections. A law enforcement officer may arrest without a warrant a person under the supervision of the commissioner of corrections:

(1) pursuant to 28 V.S.A. § 301, if the person is on probation and a correctional officer believes the person has violated a condition of his or her probation; or

- 1984 -

(2) pursuant to 28 V.S.A. § 363, if the person is serving a supervised community sentence, and a correctional officer believes the person has violated a condition of his or her supervised community sentence; or

(3) pursuant to 28 V.S.A. § 551, if the person is on parole, and a correctional officer believes the person has violated a condition of his or her parole; or

(4) pursuant to 28 V.S.A. § 808, if the person is on furlough, and the law enforcement officer or a correctional officer believes the person has violated a condition of his or her furlough.

(e) Continuation of Custody for Felony Offenses. A person who has been arrested without a warrant for a felony offense may be continued in custody unless the charge for which the arrest was made is reduced to a misdemeanor, and none of the exceptions in subsection (c) of this rule apply.

(f) Continuation of Custody for Misdemeanor Offenses. A person who has been arrested without a warrant for a misdemeanor offense shall be released on citation if:

(1) none of the exceptions in subsection (c) of this rule apply; or

(2) the arrest was made pursuant to an exception in subsection (c) of this rule, and the conditions or reasons for which the exception applied no longer exist and no other exception applies.

(b) Same. Procedure. (g) Appearance Before a Judicial Officer. A person arrested without a warrant shall either be released in accordance with subdivision (c) of this rule or and not released on a citation shall be brought before the nearest available judicial officer without unnecessary delay. The information and affidavit or sworn statement required by Rule 4(a) of these rules shall be filed with or made before the judicial officer when the arrested person is brought before him the judicial officer.

(c) Citation To Appear Before a Judicial Officer.

(1) Mandatory Issuance. A law enforcement officer acting without warrant who is authorized to arrest a person for a misdemeanor under subdivision (a) of this rule shall, except as provided in paragraph (2) of this subdivision, issue a citation to appear before a judicial officer in lieu of arrest. In such circumstances, the law enforcement officer may stop and briefly detain such person for the purpose of determining whether any of the exceptions in paragraph (2) applies, and issuing a citation, but if no arrest is made, such detention shall not be deemed an. arrest for any purpose. When a person has been arrested without warrant, a citation to appear in lieu of continued custody shall be issued as provided in this rule if (A) the charge for which the arrest was made is reduced to a misdemeanor and none of the exceptions in

- 1985 -

paragraph (2) applies, or (B) the arrest was for a misdemeanor under one of the exceptions in paragraph (2) and the reasons for the exception no longer exist.

(2) Exceptions. The citation required in paragraph (1) of this subdivision need not be issued, and the person may be arrested or continued in custody, if

(A) A person subject to lawful arrest fails to identify himself satisfactorily; or

(B) Arrest is necessary to obtain nontestimonial evidence upon the person or within the reach of the arrested person; or

(C) Arrest is necessary to prevent bodily injury to the person arrested or to the person of another, harm to property, or continuation of the criminal conduct for which the arrest is made; or

(D) The person has no ties to the community reasonably sufficient to assure his appearance or there is a substantial likelihood that he will refuse to respond to a citation; or

(E) The person has previously failed to appear in response to a citation, summons, warrant or other order of court issued in connection with the same or another offense; or

(F) A situation described in subdivision (a)(2) is present; or

(G) The officer has probable cause to believe the person has a prior conviction of 23 V.S.A. § 1201 and has committed a second violation of 23 V.S.A. § 1201.

(3) Discretionary Issuance in Cases of Felony. A law enforcement officer acting without warrant may issue a citation to appear in lieu of arrestor continued custody to a person charged with any felony where arrest or continued custody is not patently necessary for the public safety and such facts as the officer is reasonably able to ascertain as to the person’s place and length of residence, family relationships, references, past and present employment, his criminal record, and other relevant matters satisfy the officer that the person will appear in response to a citation.

(4)(h) Discretionary Issuance by Prosecuting Officer Discretionary Issuance by Prosecuting Officer. A prosecuting officer may issue a citation to appear to any person whom the officer has probable cause to believe has committed a crime. The citation shall be served as provided for service of summons in Rule 4(f)(1) of these Rules rules. Probable cause shall be based upon the same evidence required for issuance of a summons or warrant under Rule 4(b) of these rules.

- 1986 -

(5)(i) Form Form. The citation to appear shall be dated and signed by the issuing officer and shall state the name of the person to whom it is issued and the offense for which he or she would have been arrested or continued in custody. It shall direct the person to appear before a judicial officer at a stated time and place.

(6)(j) Filing Citation and Information with Judicial Officer Filing Citation and Information with Judicial Officer. A copy of the citation to appear, signed by the issuing officer issuing it, and the information and affidavit or sworn statement required by Rule 4(a), of these rules shall be filed with or made before the judicial officer at the time for appearance stated in the citation.

(7)(k) Temporary Release Temporary Release. A law enforcement officer arresting a person shall contact a judicial officer for determination of temporary release pursuant to Rule 5(b) of these rules without unnecessary delay.

Sec. 3. EXTENSION OF SUNSET FOR WARRANTS BY FAX

Notwithstanding Sec. 34 of No. 121 of the Acts of 1997, Rule 41(h) of the Vermont Rules of Criminal Procedure shall be repealed on April 15, 2007.

Sec. 4. STUDY

(a) The secretary of the agency of natural resources shall establish a committee to analyze the role of the environmental enforcement officers within the agency of natural resources. The committee shall review and report on the following:

(1) job functions relative to law enforcement powers;

(2) safety aspects of the job;

(3) the feasibility of creating law enforcement powers as part of the job requirement, and the efficiencies associated with such a function.

(b) The committee shall be comprised of the following members:

(1) the secretary of the agency of natural resources, or his or her designee, who shall serve as chair;

(2) a representative from the Vermont state employees’ association (VSEA);

(3) the commissioner of the department of personnel, or his or her designee;

(4) two environmental enforcement officers appointed by the VSEA;

(5) the commissioner of public safety, or his or her designee;

- 1987 -

(6) a game warden appointed by the VSEA;

(7) one representative from the business community appointed by the governor;

(8) the attorney general, or his or her designee; and

(9) the chair of the Vermont state police union, or his or her designee.

(c) The committee shall report its findings and recommendations to the general assembly by January 15, 2003.

Richard SearsJohn BloomerJames LeddyCommittee on the part of the Senate

Margaret FloryMichael KainenMichael VintonCommittee on the part of the House

(For text see Senate Journal 5/7/2002, p. 1140)

(For text see House Journal 2/26/2002, p. 376)

S. 222

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate Bill entitled:

S.222. AN ACT RELATING TO IMPROVING RESTITUTION PROCEDURES.

Respectfully report that they have met and considered the same and recommend that the House recede from its proposals of amendment and that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:


§ 437. CIVIL JURISDICTION OF DISTRICT COURT

The district court shall have jurisdiction of the following actions:

* * *

(10) Restitution modification proceedings pursuant to 13 V.S.A. § 7043(h).


§ 7041. DEFERRED SENTENCE

- 1988 -

* * *

(b) Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent, except that a person shall not be discharged from probation imposed under this section until restitution has been paid in full, absent a finding of good cause by the court. Upon discharge the record of the criminal proceedings shall be expunged as if an application pursuant to section 5538 of Title 33 had been granted.

(c)(1) A deferred sentence imposed under subsection (a) of this section may include a restitution order issued pursuant to section 7043 of this title. If a court determines that a person subject to a deferred sentence has failed to comply with a restitution order issued under section 7043 of this title, the court may impose sentence upon finding the defendant has the present ability to pay.

(2) No sentence shall be imposed or continued pursuant to this subsection after compliance with the restitution order. This subsection shall not apply to the violation of any condition of probation other than a failure to comply with a restitution order.


§ 7043. RESTITUTION

(a) Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss or has incurred medical expenses. Whether or not any other sentence or disposition is imposed, a term of probation may be ordered, with restitution as the only condition.

(b) When ordered, restitution may include:

(1) return of property wrongfully taken from the victim; or

(2) cash, credit card or installment payments, including interest at the statutory rate for civil judgments, or voluntarily assigned wages or assets, paid made to the victim or to the victims’ compensation fund established under chapter 167 of this title to compensate for damages to the victim’s property or person,; or

(3) payments in kind, if acceptable to the victim.

(c) In awarding restitution, the court shall consider the ability of the defendant to pay.

(d) Restitution, if imposed, shall be due at the time of sentencing, unless the court finds on the record that there is good cause for an extension, and made to the center for crime victims services, the victim, or if the victim has

- 1989 -

died, to the victim’s estate. To the extent that the victims’ compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the victims’ compensation fund.

(e) Restitution orders If not paid at the time of sentencing, restitution may be enforced as conditions of probation, supervised community sentence, furlough, preapproved furlough or parole if the convicted person is sentenced to preapproved furlough, probation or supervised community sentence, or is sentenced to imprisonment and later placed on parole, or otherwise in the manner of civil judgments. Unless otherwise specifically ordered by the court, an order for restitution as a condition of preapproved furlough, probation or supervised community sentence shall remain in effect if the defendant violates preapproved furlough, probation or supervised community sentence and is sentenced to imprisonment.

(f) When restitution is not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(g) No restitution ordered under this section precludes a person granted such relief from pursuing an independent civil action.

(h) The court may modify a restitution order if, upon motion by the state’s attorney, the center for crime victims services, the victim, or the defendant, the court finds that a modification is warranted by a substantial change in circumstances.

(i)(1) If the defendant fails to pay restitution as ordered by the court, the victim, the center for crime victims services, the department of corrections, or the state’s attorney may notify the court of the defendant’s default. The court shall set the matter for hearing, and shall provide notice thereof to the victim, the department of corrections, the state, and the defendant. If the court determines the defendant has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the defendant will make the required restitution payments, including:

(A) amending or modifying the court’s restitution order;

(B) requiring the disclosure of assets and income by the defendant, in which case the defendant may voluntarily assign wages or assets to satisfy the compliance requirement;

(C) upon finding the defendant has the ability to pay, revoking the defendant’s probation, and ordering the defendant to serve all or part of the underlying sentence.

(2) Any monies owed by the state to an offender who is under a restitution order, including, but not limited to, lottery winnings and tax refunds,

- 1990 -

shall be assigned to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule in the restitution payment plan. In the case of a tax refund, the monies shall be paid pursuant to subchapter 12 of chapter 151 of Title 32. Monies paid under this subsection shall be paid directly to the department of corrections, without any reductions for collection or supervision fees.

(j) The department of corrections shall, in conjunction with the center for crime victims services, establish guidelines for assessing the defendant’s ability to pay restitution. The guidelines shall describe pertinent financial information to be collected, procedures for the verification of information, staff responsible for collecting the information, methods of relaying that information to the court, and a recommended payment schedule.

(k) A standard condition of probation, parole, supervised community sentence, preapproved furlough or other sentence shall be a requirement that the defendant comply with all requests from the department of corrections or the center for crime victims services to furnish information, including financial information, which will enable the department to collect restitution from the defendant.

(l) The court shall not discharge a defendant from probation until restitution has been paid in full, absent a finding of good cause by the court.

(m) A restitution obligation shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the United States Bankruptcy Court.

(n) A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of chapter 57 of Title 9.


§ 7226. FINES NOT DISCHARGEABLE IN BANKRUPTCY

A criminal fine owed to the state shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the United States Bankruptcy Court.

Sec. 5. 28 V.S.A. § 252(b)(6) is amended to read:

§ 252. CONDITIONS OF PROBATION

* * *

(b) When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:

* * *

- 1991 -

(6) Make restitution or reparation to the victim of his or her conduct, or to the victims’ compensation fund to the extent it has made payment to or on behalf of the victim in accordance with chapter 167 of Title 13, for the damage or injury which was sustained. When restitution or reparation is a condition of the sentence, the court, in accordance with section 7043 of Title 13, shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance;


§ 255. DISCHARGE

(a) Upon the termination of the period of probation or the earlier discharge of the probationer in accordance with section 251 of this title, the probationer shall, unless the court has ordered otherwise under subsection (b) of this section or under subsection 7043(l) of Title 13, be relieved of any obligations imposed by the order of the court and shall have satisfied his the sentence for the crime.

(b) When restitution or reparation to the victim has been ordered under subdivision 252(b)(6) of this title, the period of probation shall not terminate until the offender has complied with the order, absent a finding of good cause by the court.


§ 506. TERMINATION AND DISCHARGE

(a) If warranted by the conduct of the parolee and the ends of justice the board may terminate the period of parole supervision and discharge the parolee from parole supervision. Supervision of a parolee serving a life sentence may be terminated only after fifteen 15 years measured from the date of first confinement.

(b) The board shall discharge the parolee at the expiration of the maximum term of his or her sentence.

(c) When restitution or reparation to the victim has been ordered under subdivision 252(b)(6) of this title, the board shall not discharge the parolee from supervision until the offender has complied with the order, unless the sentence has been served in full.


§ 3102. CONFIDENTIALITY OF TAX RECORDS

* * *

(e) The commissioner may, in his or her discretion and subject to such conditions and requirements as he or she may provide, including any

- 1992 -

confidentiality requirements of the Internal Revenue Service, disclose a return or return information:

* * *

(11) to the joint fiscal office or its agent, provided that the disclosure relates to a successful business applicant under section 5930a of this title and the tax incentive it has claimed and is reasonably necessary for the joint fiscal office or its agent to perform the duties authorized by the joint fiscal committee or a standing committee of the general assembly under subsection 5930a(h); to the auditor of accounts for the performance of duties under section 163 of this title; and to the Vermont economic progress council, provided that the disclosure relates to a successful business applicant under section 5930a of this title and the tax incentive it has claimed and is reasonably necessary for the council to perform its duties under section 5930a;

(12) to the commissioner of corrections or the center for crime victims services for the purpose of determining or verifying a defendant’s assets and income pursuant to section 7043 of Title 13.

Sec. 9. REPORT

The department of corrections, the defender general, the department of state’s attorneys, the court administrator and the center for crime victim’s services shall report to the house and senate committees on judiciary on January 1, 2003 on the viability of establishing and maintaining a restitution system funded by a surcharge imposed on all criminal and traffic violations. The report shall include:

(1) a comprehensive description of the manner in which a surcharge-funded restitution system would function, including details about procedures, methods of collection, the applicability and amount of the surcharge, and a thorough description of the system’s structure identifying the state entities responsible for oversight and management;

(2) an examination of other possible methods of funding and organizing the payment of restitution to crime victims, including study of the restitution systems in place in California and other states, to determine if any of these alternatives would be effective and appropriate in Vermont;

(3) an explanation and analysis of the policy justifications for both the current system, which imposes restitution obligations entirely on the offender who caused the loss, and the proposed alternative, which spreads restitution obligations among all criminal offenders, including a comparison of the advantages and disadvantages of each approach;

- 1993 -

(4) a complete assessment of the financial impacts of both the current system and the proposed alternative, including current and projected data on each system’s:

(A) operating costs, overhead and personnel requirements; and

(B) revenue, including statistics for each system detailing the number and percentage of defendants who comply with restitution orders, the amount of restitution ordered and the amount and percent collected, and the projected net loss or gain in restitution collections of adopting a surcharge funded system.

(C) a comparison of the current and projected data developed under this subdivision with national data on restitution collection and debt collection generally.

Michael KainenAvis GervaisCarl HaasCommittee on the part of the House

Richard SearsAnn CummingsVincent IlluzziCommittee on the part of the Senate

(For text see Senate Journal 2/20/2002, p. 243; 2/21/2002, p. 275)

(For text see House Journal 5/8/2002, p. 1250)

Concurrent Resolutions

The following joint concurrent resolutions have been introduced for approval by the House and will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day. Requests for floor consideration should be communicated to the Clerk of the House or to a member of the Clerk’s office staff.

J.C.R.H. 47Joint concurrent resolution congratulating Jonathon D. Yarnall on his

retirement from the Vergennes Union High School faculty

Offered by: Representatives Houston of Ferrisburgh and Ryan of Waltham

Whereas, Jonathon Yarnall is hardly an ordinary social studies teacher, and- 1994 -

Whereas, since joining the Vergennes Union High School faculty in 1971, he has continuously motivated his students to explore the impact of culture on themselves and their surroundings, and

Whereas, Jonathon helped pioneer the teaching of a humanities curriculum in Vermont, and

Whereas, in his classroom, students have a special opportunity to experience art, music, and the literary classics, the fundamental elements of a humanities curriculum, and

Whereas, a favorite offering in Jonathon’s humanities classes is John Keats’ poem “Ode on a Grecian Urn”, which explores the essence of beauty, and aptly describes the continuing quest for excellence which has marked his teaching career, and

Whereas, his involvement in the Vergennes Union High School community is not restricted to the classroom, as he has been an active softball and soccer coach, and

Whereas, Jonathon remains one of the school’s most respected and popular instructors, and

Whereas, he truly epitomizes a renaissance man, and

Whereas, after three decades of demonstrating the meaning of educational excellence on a daily basis, Jonathon will be retiring from the Vergennes Union High School faculty at the conclusion of the 2001-2002 academic year, and

Whereas, his unique presence at the school has been a delight for both faculty and students, now therefore be it


That the General Assembly congratulates Jonathon Yarnall on completing a stellar career as a faculty member of Vergennes Union High School, and wishes him well in his future pursuits, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Jonathon Yarnall at Vergennes Union High School.

J.C.R.H. 48Joint concurrent resolution congratulating Sharrah Ploof and Violet Smith

on being named Miss Vermont National Teen-Agers in their respective age divisions

Offered by: Representatives Houston of Ferrisburgh and Ryan of Waltham

- 1995 -

Whereas, the Miss National Teen-Ager competition is not a mere beauty contest, and

Whereas, rather, it is a comprehensive competition where a young woman’s academic scholarship, community service activity, public speaking and personal poise are assessed in determining the winners in each age division, and

Whereas, the annual competition, for both the senior and junior divisions, initially occurs on the state level, and each state’s Miss National Teen-Ager divisional winners then proceed to the national competition which, in 2002, will occur July 21-28 in Nashville, Tennessee, and

Whereas, Sharrah Ploof has been crowned Vermont’s 2002 Miss National Teen-Ager in the senior division and Violet Smith in the junior division, and

Whereas, each of these outstanding young women is involved in Boys and Girls Club youth projects, numerous alcohol and tobacco-free events and projects in support of elderly Vermonters, and

Whereas, each has engaged in over 2,000 hours of community and public service activity, and

Whereas, the foundation of Sharrah and Violet’s lives are their homes, schools, churches and communities, now therefore be it


That the General Assembly congratulates Sharrah Ploof and Violet Smith on being named Miss Vermont National Teen-Ager for 2002 in their respective age divisions, and wishes them good luck in the Miss National Teen-Ager competition, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Sharrah Ploof and to Violet Smith.

J.C.R.H. 49Joint concurrent resolution congratulating Rachel Phelps on winning first

place honors for grade nine in the 10th Annual University of Vermont Honors Writing Competition

Offered by: Representatives Winters of Williamstown, Brown of Walden and Kennedy of Chelsea

Offered by: Senator Corrow

Whereas, the ability to express one’s thoughts in writing with eloquence and clarity is an important communication skill, and

- 1996 -

Whereas, in this era of instant communications, the beauty of the written word must not be forgotten, and

Whereas, the University of Vermont annually conducts a statewide honors writing competition for high school students, and

Whereas, this academic celebration of fine writing designates award winners for each grade level, and

Whereas, Rachel Phelps, a freshman at Williamstown High School, wrote a magnificently composed essay which was awarded first place honors for the ninth grade level, and

Whereas, winning this honor will inspire Rachel to always strive for excellence in her writing, now therefore be it


That the General Assembly congratulates Rachel Phelps on achieving first place honors for grade nine in the 10th annual University of Vermont Honors Writing Competition, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Rachel Phelps in Williamstown.

J.C.R.H. 50Joint concurrent resolution congratulating the South Burlington High

School speech team on winning the 2002 state forensics tournament

Offered by: Representatives Pugh of South Burlington, Audette of South Burlington, Mazur of South Burlington and Wheeler of Burlington

Whereas, effective speech communication skills are an historic part of the Vermont civic tradition as they are essential for the voters to comprehend a speaker’s comments at town meeting and for successful legislative persuasion in the Wells of the General Assembly, and

Whereas, the Vermont Debate and Forensics League annually sponsors the Vermont State Forensics Tournament which affords the state’s high school students a special opportunity to demonstrate their proficiency in the verbal arts at the most fitting of venues, the State House, and

Whereas, the South Burlington High School speech team’s members practiced with great vigor in anticipation of the February 2 competition, and

Whereas, they eagerly accepted the competitive challenge from their colleagues from eight other high schools, and

Whereas, this superbly trained squad of forensic specialists benefited from the coaching of English teacher Sheila Mable and Carl Joecks as they

- 1997 -

enunciated their words with proper diction and expressed themselves in an appealing manner, and

Whereas, a number of team members earned individual honors, including Jessica Morton, first in radio announcing, Lisa Herzl, first in impromptu speaking, Brett Colasacco, first in poetry, Julienne von Turkovich, second in poetry, Michelle Dumont, third in poetry, Jaska Bradeen, second in drama, Mike Morwood, first in prose, and Claire Ross, third in prose, and

Whereas, their award winning performances, in combination with the outstanding contributions of South Burlington students Meghan Bellavance, Kelsey Bilodeau, Sara Brakeley, Alexa Cole and Tim Maynes, provided the winning score for an overall South Burlington tournament championship, and

Whereas, South Burlington’s winning score, calculated by averaging all of the individual team members’ scores, was nearly a full point above the second place finishers, far higher than the traditional difference between the two top finishing schools of one twenty-fifth of a point, and

Whereas, 2002 marked only the third occasion South Burlington has won the state forensics tournament, now therefore be it


That the General Assembly congratulates the 2002 South Burlington High School speech team on winning the state forensics tournament, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Sheila Mable at South Burlington High School.

Ordered to Lie

H. 630

An act relating to sale of malt and vinous beverages.

Pending Action: Third reading of the bill.

H. 674

An act relating to the development of railroad infrastructure through an exemption from the Act 250 process.

Pending Question: Shall the bill be read a third time?

INDEX

- 1998 -

Action Calendar

No. Subject Action Page

S.8 Survivors of firefighters 3rd Reading 1872S.241 Acupuncture 2nd Reading 1872S.223 Health Care 3rd Reading 1910S.138 Labeling of electricity 2nd Reading 1910S.151 Abandoned Vehicles 2nd Reading 1923H. 755 Board of Med Practice Senate Prop 1925H. 213 Combating Drug Crimes Conf. Cmte. 1929JCRH.46 Police Sgt. Joseph W. Pineau Consent 1932JCRS 8 Christopher Nilsson Consent 1933JCRS 9 Barre Elks Lodge #1535 Consent 1935JCRS 10 Brian Lusignan Consent 1936

Notice CalendarS.27 Wastewater disposal 2nd Reading 1937S.300 Senate / House Redistricting 2nd Reading 1962H.708 Diplomas for Veterans Conf. Cmte. 1979H.750 Arrest w/o warrant Conf. Cmte. 1980S.222 Restitution Procedures Conf. Cmte. 1988JCRH.47 Jonathon Yarnall Consent 1994JCRH.48 Miss VT Nat’l Teenagers Consent 1995JCRH.49 Rachel Phelps Consent 1996JCRH.50 So. Burlington High speech team Consent 1997

- 1999 -

Documents

AutoFill Template - Home | Vermont General … · Web viewWhereas, the good works of #1535 have helped to make Barre and the state of Vermont a better place to live, now therefore