AutoFill Template · Web viewRules adopted under this subsection shall be adopted as emergency rules, shall be adopted by no later than August 1, 2001, and shall remain in effect

Senate CalendarTHURSDAY, MARCH 29, 2001

86th DAY OF BIENNIAL SESSION

ORDERS OF THE DAY

ACTION CALENDAR

CALLED UP

Second Reading

Favorable

S. 193.

An act relating to mandatory blood tests for persons involved in fatal or serious accidents.

Reported favorably by Senator Bloomer for the Committee on Judiciary.

(Committee vote: 5-0-1)

AMENDMENT TO S. 193 TO BE OFFERED BY SENATOR BLOOMER ON BEHALF OF THE COMMITTEE ON JUDICIARY

Senator Bloomer, on behalf of the Committee on Judiciary, moves to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 23 V.S.A. § 1202 is amended to read:

§ 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOOD ALCOHOL CONTENT

* * *

(b) If the person refuses to submit to an evidentiary test it shall not be given, except as provided in subsection (f) of this section, but the refusal may be introduced as evidence in a criminal proceeding.

* * *

(d) At the time a test is requested, the person shall be informed of the following statutory information:

(1) Vermont law authorizes a law enforcement officer to request a test to determine whether the person is under the influence of alcohol or other drug.

- 317 -

(2) If the officer's request is reasonable and testing is refused, the person's license or privilege to operate will be suspended for at least six months.

(3) If a test is taken and the results indicate that the person is under the influence of alcohol or other drug, the person will be subject to criminal charges and the person's license or privilege to operate will be suspended for at least 90 days.

(4) A person who is requested by a law enforcement officer to submit to an evidentiary test or tests has the limited right to consult an attorney before deciding whether or not to submit to such a test or tests. The person must decide whether or not to submit to the evidentiary test or tests within a reasonable time and no later than 30 minutes from the time of the initial attempt to contact the attorney regardless of whether a consultation took place. The person also has the right to have additional tests made by someone of the person's own choosing at the person's own expense. The person shall also be informed of the location of one or more facilities available for drawing blood.

(5) A person who is requested by a law enforcement officer to submit to an evidentiary test administered with an infrared breath-testing instrument may elect to have a second infrared test administered immediately after receiving the results of the first test.

(6) If the person refuses to take an evidentiary test, the refusal may be offered into evidence against the person at trial and, whether or not a search warrant is sought under subsection (f) of this section. The person may be charged with the crime of criminal refusal if the person:

(A) has previously been convicted of a violation of section 1201 of this title or is involved in an accident or collision resulting in serious bodily injury or death to another, the person may be charged with the crime of criminal refusal.; or

(B) is involved in an accident or collision resulting in serious bodily injury or death to another, in which case the court may issue a search warrant and order the person to submit to a blood test, the results of which may be offered into evidence against the person at trial.


§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE

* * *

(e) Effective date of suspension.

- 318 -

(1) First offense. Unless a hearing is requested, a suspension under this section of the license of a person who the officer has reasonable grounds to believe violated section 1201 of this title a first time becomes effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section. If a hearing is requested, a suspension shall not become effective unless the court orders a suspension after hearing as provided in this section.

(2) Second or subsequent offense. A suspension of a person’s license under this section of the license of a person who has previously been convicted of a violation of section 1201 of this title and who the officer has reasonable grounds to believe has violated section 1201 of this title shall become effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section if:

(A) the officer has reasonable grounds to believe the person has violated section 1201 of this title; and

(B) after July 1, 1991, the person has:

(i) had his or her operator’s license suspended pursuant to this section; or

(ii) been convicted of a violation of section 1201 of this title.

* * *

(j) Venue and conduct of hearings. Venue for proceedings under this section shall be in the territorial unit of the district court where the offense is alleged to have occurred. Hearings under this section shall be summary proceedings conducted by the district court without a jury and shall be subject to the District Court Civil Rules only as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of law enforcement officers and, chemists or any other witness of either party shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.

* * *

Unfinished Business of Tuesday, March 27, 2001

Second Reading

Favorable with Recommendation of Amendment

S. 151.

An act relating to abandoned motor vehicles.

- 319 -

Reported favorably with recommendation of amendment by Senator Shumlin for the Committee on Transportation.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 23 V.S.A. chapter 21, subchapter 7 is added to read:

Subchapter 7. Abandoned Motor Vehicles

§ 2150. ABANDONED MOTOR VEHICLES; DEFINED

(a) A motor vehicle shall be presumed to be an abandoned motor vehicle under any of the following circumstances:

(1) The vehicle has remained on public or private property or on or along a highway without the consent of the owner or person in control of the property for more than 48 hours and has a valid registration plate and identifiable vehicle identification number.

(2) The vehicle has been left on private property or along a highway or other public property and does not have a valid registration plate or ascertainable vehicle identification number.

(b) Construction equipment. Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.

§ 2151. UNIDENTIFIED ABANDONED MOTOR VEHICLES

A law enforcement officer upon personal observation or on complaint of any citizen or the owner or agent of the property on which the vehicle is located may contact a towing service for removal of an abandoned vehicle as defined in subdivision 2150(a)(2) of this subchapter. Within 30 days of removal of the vehicle, the towing service shall apply for an abandoned vehicle certification unless the abandoned vehicle is returned to the owner. The abandoned vehicle certification shall indicate the date of removal, make, color, model, location found, and the name, address and phone number of the towing service and a certification of the vehicle identification number to be filled in by a law enforcement officer. The form may be obtained from the department of motor vehicles. The form shall be sent to the department of motor vehicles. The reimbursable fee for towing from public property, including storage expenses, shall be $50.00. Eligibility for this reimbursement shall occur upon the issuance of a declaration of abandoned vehicle. The towing service shall set its own reasonable fee for vehicles removed from private property. The commissioner of motor vehicles shall notify the commissioner of finance and management who shall issue payment to the towing service for vehicles

- 320 -

removed from public property. The department of motor vehicles shall make a reasonable attempt to locate the owner. The owner or lienholder may reclaim the vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership and paying, or making arrangements to pay, to the towing agency the reasonable costs of removal and storage of the vehicle. If no owner can be determined within 21 days from the date of receipt of the abandoned vehicle certification form, the commissioner of motor vehicles shall issue a declaration of abandoned motor vehicles with an appropriate title or salvage title.

§ 2152. IDENTIFIABLE ABANDONED MOTOR VEHICLE

(a) A law enforcement officer, upon personal observation or on complaint of any citizen or the owner or agent of the property on which the vehicle is located, may contact a towing service for removal of an abandoned vehicle as defined in subdivision 2150(a)(1) of this subchapter. Within 30 days of removal of the vehicle, the towing service shall apply for an abandoned vehicle certification unless the abandoned vehicle is returned to the owner. The abandoned vehicle certification shall indicate the date of removal, make, color, model, location found, and the name, address and phone number of the towing service and a certification of the vehicle identification number to be filled in by a law enforcement officer. The form may be obtained from the department of motor vehicles. The form shall be sent to the department. The department of motor vehicles shall, within three business days of receipt of the written request, send notice to the last known registered owner and lienholder of the motor vehicle. This notice shall be sent by certified mail, return receipt requested. The notice shall advise the last known registered owner of the motor vehicle’s location, and a telephone number where additional information about the motor vehicle may be obtained. If the receipt is not returned to the department within seven business days, the commissioner shall, by first class mail, send a second notice, return service requested. Within 21 days of sending the second notice, the last known registered owner or lienholder may reclaim and retrieve the motor vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership, and paying or arranging to pay to the towing agency the reasonable costs of the removal and storage of the motor vehicle. If the last known registered owner or lienholder fails or refuses to reclaim the motor vehicle within 21 days of the date of the second mailing, the commissioner of motor vehicles shall issue a declaration of abandoned motor vehicle with an appropriate title or salvage title.

(b) If, after a reasonable investigation, the owner of the vehicle cannot be reasonably ascertained, the vehicle may be disposed of in the manner set forth in section 2153 of this subchapter.

- 321 -

§ 2153. DISPOSAL OF ABANDONED MOTOR VEHICLES

(a) When the commissioner issues the declaration of abandoned motor vehicle, title to the motor vehicle shall escheat to the state, free from all claims of the owner or prior holder of the motor vehicle, and of all persons claiming through or under the owner or prior holder. The commissioner shall then dispose of the motor vehicle. The commissioner shall issue the appropriate title or salvage title to the purchaser of the motor vehicle, at no charge, within three business days of receiving an application for a title.

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

§ 2154. NOTIFICATION OF REMOVAL TO LAW ENFORCEMENT

The owner of land upon which a motor vehicle is left in violation of this subchapter may, without incurring any civil liability or criminal penalty to the owner of such vehicle, remove the vehicle from the place where it is discovered to any other place on any property owned by him or her, or a towing service, and if so removed, he or she shall immediately notify the police agency in the jurisdiction from which the vehicle is removed. Notification shall include the registration plate number, the vehicle identification number, make, model, and color.

§ 2155. MUNICIPAL ENFORCEMENT

The provisions of this subchapter shall not preempt any municipal abandoned vehicle ordinance.

Sec. 2. 24 V.S.A. § 2241(1) is amended to read:

For the purposes of this subchapter:

(1) “Abandoned” means a motor vehicle without claimed ownership for thirty days as defined in 23 V.S.A. § 2150 .

Sec. 3. REPEAL

24 V.S.A. § 2272(d) (agency of transportation taking possession of abandoned motor vehicle) is repealed.


Reported favorably with recommendation of amendment by Senator Bahre for the Committee on Finance.

The Committee recommends that the bill be amended as recommended by the Committee on Transportation with the following amendments thereto:

- 322 -

First: In Sec. 1, in 23 V.S.A. §2151, in the sixth sentence, after the words “public property”, by striking out the following: “, including storage expenses,”

Second: In Sec. 1, in 23 V.S.A. §2151, immediately preceding the last sentence, by inserting a new sentence to read: No fee may be charged for storage for any period preceding the date upon which the form for abandoned vehicle certification is sent by the towing service to the department of motor vehicles as required by this section.

Third: In Sec. 1, in 23 V.S.A. §2152(a), immediately preceding the last sentence, by inserting a new sentence to read: No fee may be charged for storage for any period preceding the date upon which the form for abandoned vehicle certification is sent by the towing service to the department of motor vehicles as required by this section.

Fourth: By adding a new section to be numbered Sec. 4 to read:

Sec. 4. APPROPRIATION

There is appropriated in fiscal year 2002 the amount of $5,000.00 from the Transportation Fund to the Department of Motor Vehicles for the purposes of this act.


Reported favorably by Senator Ide for the Committee on Appropriations.


SUBSTITUTE RECOMMENDATION OF AMENDMENT FOR THE RECOMMENDATION OF AMENDMENT OF THE COMMITTEE ON

TRANSPORTATION TO S. 151 TO BE OFFERED BY SENATOR SHUMLIN, ON BEHALF OF THE COMMITTEE ON

TRANSPORTATION

Senator Shumlin, on behalf of the Committee on Transportation, moves to substitute an amendment for the recommendation of amendment of the Committee on Transportation, as follows:

By striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 23 V.S.A. chapter 21, subchapter 7 is added to read:

Subchapter 7. Abandoned Motor Vehicles

§ 2151. ABANDONED MOTOR VEHICLES; DEFINED

(a) For the purposes of this subchapter, an “abandoned motor vehicle”

- 323 -

means:

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

(2) A motor vehicle that has remained on public or private property or on or along a highway without the consent of the owner or person in control of the property for any period of time if the vehicle does not have a valid registration plate or ascertainable vehicle identification number.

(b) Construction equipment. A vehicle or other equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which is left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be an abandoned motor vehicle.

§ 2152. AUTHORIZED REMOVAL OF A BANDONED MOTOR VEHICLES

(a) From public property. A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from public property, and may contact a towing service for removal of such motor vehicle, based upon personal observation by the officer that the vehicle is abandoned.

(b) From private property.

(1) A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from private property, and may contact a towing service for removal from private property of such vehicle, based upon complaint of the owner or agent of the property on which the vehicle is located that the vehicle is abandoned.

(2) An owner or agent of an owner of private property is authorized to remove or cause removal of an abandoned motor vehicle from that property, and may contact a towing service for removal from that property of an abandoned vehicle. If an owner or agent of an owner removes or causes removal of an abandoned motor vehicle, the owner or agent shall immediately notify the police agency in the jurisdiction from which the vehicle is removed. Notification shall include identification of the registration plate number, the vehicle identification number, make, model, and color of the vehicle. The owner or agent of an owner of property upon which a motor vehicle is abandoned may remove the vehicle from the place where it is discovered to any other place on any property owned by him or her, or cause the vehicle to be removed by a towing service under the provisions of this subsection,

- 324 -

without incurring any civil liability to the owner of the abandoned vehicle.

§2153. ABANDONED MOTOR VEHICLE CERTIFICATION

(a) Within 30 days of removal of the vehicle, a towing service which has removed an abandoned motor vehicle shall apply to the department for an abandoned motor vehicle certification on forms supplied by the department of motor vehicles. An abandoned motor vehicle certification form shall indicate the date of removal, make, color, model, location found, and the name, address, and phone number of the towing service, and a certification of the vehicle identification number, if any, to be recorded by a law enforcement officer.

(b) Upon receipt of an abandoned motor vehicle certification form, the commissioner of motor vehicles shall attempt to identify and notify the owner of the vehicle as required by section 2154 of this title. If no owner can be determined by the commissioner within the time period allowed by section 2154, the commissioner shall issue a certificate of abandoned motor vehicle with appropriate title, salvage title, or both, and the vehicle may be disposed of in the manner set forth in section 2156 of this title.

§2154. IDENTIFICATION AND RECLAMATION OF ABANDONED MOTOR VEHICLES

(a) The department of motor vehicles shall make a reasonable attempt to locate the owner of an abandoned motor vehicle.

(1) If the abandoned motor vehicle is not identifiable by its registration plates or vehicle identification number, and if no owner can be determined within 21 days of the date of receipt of the abandoned motor vehicle certification form, the commissioner of motor vehicles shall issue a certificate of abandoned motor vehicle with an appropriate title or salvage title.

(2) If the abandoned motor vehicle is identifiable by its registration plates or vehicle identification number, the department of motor vehicles shall, within three business days of receipt of the form for certification of abandoned motor vehicle, send notice to the last known registered owner and lienholder of the vehicle. The notice shall be sent by certified mail, return receipt requested, and shall advise the last known registered owner of the motor vehicle’s location, and a telephone number where additional information about the motor vehicle may be obtained. If the receipt is not returned to the department within seven business days, the commissioner shall, by first class mail, send a second notice. Within 21 days of sending the second notice, the last known registered owner or lienholder may reclaim and retrieve the motor vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership, and paying or arranging to pay any fees or charges authorized by section 2155 of

- 325 -

this title. If the last known registered owner or lienholder fails or refuses to reclaim the motor vehicle within 21 days of the second mailing, the commissioner of motor vehicles shall issue a certificate of abandoned motor vehicle with appropriate title or salvage title.

(b) An owner or lienholder may reclaim an abandoned motor vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership, and paying or reimbursing, or making arrangements to pay or reimburse, the towing agency, the department of motor vehicles, or the owner or agent of private property, as the case may be, any towing fee or storage charges permitted under section 2155 of this title.

§ 2155. FEES AND CHARGES

(a) Towing fees.

(1) For towing an abandoned motor vehicle from public property, a towing service may charge a fee of $50.00, which shall be paid by the department to the towing service upon the issuance by the department of a certificate of abandoned motor vehicle under section 2156 of this title. The commissioner of motor vehicles shall notify the commissioner of finance and management who shall issue payment to the towing service for vehicles removed from public property.

(2) For towing an abandoned motor vehicle from private property, a towing service may charge a reasonable fee to be paid by the owner or agent of the owner of the private property.

(b) Storage charges. In addition to any towing fee, an owner or lienholder reclaiming an abandoned motor vehicle may be charged and shall pay a fee for the costs of storage of the vehicle, except that no fee may be charged for storage for any period preceding the date upon which the form for abandoned motor vehicle certification is sent by the towing service to the department of motor vehicles.

§ 2156. DISPOSAL OF ABANDONED MOTOR VEHICLES

(a) If the commissioner issues the certificate of abandoned motor vehicle, title to the motor vehicle shall escheat to the state, free from all claims of the owner or prior holder of the motor vehicle, and of all persons claiming through or under the owner or prior holder. The commissioner shall issue an appropriate title or salvage title to any purchaser of the motor vehicle, at no charge.

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

- 326 -

custody.

§ 2157. MUNICIPAL ENFORCEMENT

The provisions of this subchapter shall not preempt any municipal abandoned motor vehicle ordinance.

Sec. 2. 24 V.S.A. § 2241(1) is amended to read:

For the purposes of this subchapter:

(1) “Abandoned” means a motor vehicle without claimed ownership for thirty days as defined in 23 V.S.A. § 2150 .

Sec. 3. REPEAL

24 V.S.A. § 2272(d) (agency of transportation taking possession of abandoned motor vehicle) is repealed.

Sec. 4. APPROPRIATION

There is appropriated in fiscal year 2002, the amount of $5,000.00 from the transportation fund to the department of motor vehicles for the purposes of this act.

NEW BUSINESS

Third Reading

H. 308.

An act relating to clarifying, updating, and making minor alterations to the Vermont election law.

H. 471.

An act relating to early voter absentee ballots.

H. 472.

An act relating to checklists and voter registration applications and affidavits.

Second Reading

Favorable

H. 269.

An act relating to unclaimed property.

Reported favorably by Senator Greenwood for the Committee on General Affairs and Housing.

(Committee vote: 5-0-1)- 327 -

(For House amendments, see House Journal for March 14, 2001, page 443)


S. 62

An act relating to unwanted telephone solicitations.

Reported favorably with recommendation of amendment by Senator Rivers for the Committee on Finance.


Sec. 1. 9 V.S.A. § 2464a is added to read:

§ 2464a. PROHIBITED TELEPHONE SOLICITATIONS

(a) Definitions. As used in this section:

(1) “Charitable organization” means an organization so defined by Section 501(c) of the Internal Revenue Service Code (26 U.S.C. § 501(c)).

(2) “Customer” means a customer, residing or located in Vermont, of a company providing telecommunications service as defined in subdivision 203(5) of Title 30.

(3) “Telemarketer” means any telephone solicitor who is or should be registered as required by section 2464b of this title. However, “telemarketer” does not include any telephone solicitor who is otherwise registered or licensed with the secretary of state or the department of banking, insurance, securities, and health care administration.

(4) “Telephone preference service” means the do-not-call list maintained by The Direct Marketing Association, Inc., or a comparable list maintained by a successor organization.

(5) “Telephone solicitation”:

(A) means the solicitation by telephone of a customer for the purpose of encouraging the customer to purchase, lease, or otherwise agree to pay consideration for money, goods or services; and

(B) does not include:

(i) telephone calls made in response to a request or inquiry by the called customer;

(ii) telephone calls made by or on behalf of a charitable organization;

- 328 -

(iii) telephone calls made by persons not regularly engaged in selling, leasing, or otherwise offering for consideration such goods or services; or

(iv) telephone calls made to a person with whom the telephone solicitor has an established business relationship.

(6) “Telephone solicitor” means any person placing telephone solicitations, or hiring others, on an hourly, commission or independent contractor basis, to conduct telephone solicitations.

(b) Prohibitions.

(1) No telemarketer shall make a telephone solicitation to a telephone number in Vermont without having first registered in accordance with section 2464b of this title.

(2) No telemarketer shall make a telephone solicitation to a telephone number in Vermont which has been on the telephone preference service list for at least 90 days.

(3) No telephone solicitor shall make a telephone solicitation to a telephone number in Vermont which is on the telephone solicitor’s do-not-call list maintained in accordance with the rules of the Federal Communications Commission and the Federal Trade Commission.

(c) Violation. A violation of this section shall constitute a violation of section 2453 of this title. Each solicitation shall constitute a separate violation.

(d) Criminal Penalties. A person who commits a willful and intentional telephone solicitation in violation of subdivision (b)(1) of this section shall be imprisoned for not more than six months or fined not more than $10,000.00, or both. Each telephone call shall constitute a separate solicitation under this section. This section shall not be construed to limit a person's liability under any other civil or criminal law.

Sec. 2. 9 V.S.A. § 2464b is added to read:

§ 2464b. REGISTRATION OF TELEMARKETERS

(a) Every telemarketer shall first register with the secretary of state, on a form approved by the secretary. In the case of a telemarketer who hires, whether on an hourly, commission or independent contractor basis, one or more persons to conduct telephone solicitations, only the person who causes others to conduct telephone solicitations need register. Registration under this section shall be valid for a period of 12 months. The secretary of state shall charge an annual fee of $75.00 for a sole proprietorship doing business in its own name and $150.00 for all others. The secretary of state may adopt rules

- 329 -

prescribing the manner in which registration under this section shall be conducted.

(b) The secretary of state shall require that each telemarketer designate an agent for the purpose of submitting to the jurisdiction of the Vermont courts in any action brought for violations of section 2464a of this title.

Sec. 3. 9 V.S.A. § 2464c is added to read:

§ 2464c. PRIVATE CAUSE OF ACTION

Any person who receives a telephone solicitation in violation of subsection 2464a(b) of this title may bring an action in superior court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. The court may issue an award for the person's actual damages or $500.00 for a first violation, or $2,000.00 for each subsequent violation, whichever is greater. In considering the amount of punitive damages, the court may consider, among other relevant factors, the extent to which a telephone solicitor maintained and complied with procedures designed to ensure compliance with the requirements of sections 2464a and 2464b of this title. This section shall not limit any other claims the person may have against the telephone solicitor.

Sec. 4. 9 V.S.A. § 2464d is added to read:

§ 2464d. TELEPHONE PREFERENCE SERVICE

Local exchange carriers shall provide notices at least annually to residential customers of the availability of a telephone solicitor’s do-not-call list and of the telephone preference service and a description of how to register.

Sec. 5. REPORT

The attorney general shall provide a report on actions brought pursuant to this act and the effectiveness of this act in preventing unwanted telephone solicitations to the Senate Committee on Finance and the House Committee on Commerce by January 15, 2003.

Sec. 6. EFFECTIVE DATE

This act shall take effect on October 1, 2001.


Joint Senate Resolution for Action

J.R.S. 44.

Joint resolution honoring the performing arts careers of Al Boright and Shirley Adams.

- 330 -

(For text of resolution, see Senate Journal for March 28, 2001)

Joint House Resolution for Action

J.R.H. 79.

Joint resolution urging the United States Postal Service to reconsider the issuance of a purple heart stamp to honor those veterans who suffered wounds during times of war.

(For text of resolution, see Senate Journal for March 28, 2001)

NOTICE CALENDAR

Favorable

S. 61.

An act relating to the Vermont Life And Health Insurance Guaranty Association.

Reported favorably by Senator Cummings for the Committee on Finance.


S. 69.

An act relating to suspension of a pupil who threatens a false bombing of a school.

Reported favorably by Senator McCormack for the Committee on Education.


H. 32.

An act relating to the village of Morrisville charter.

Reported favorably by Senator Bartlett for the Committee on Government Operations.


Reported favorably by Senator Cummings for the Committee on Finance, upon commitment.


(For House amendment, see House Journal for March 2, 2001, page 370)

H. 176.

An act relating to the commission on higher education funding and the higher education endowment trust fund.

- 331 -

Reported favorably by Senator Maynard for the Committee on Education.


(For House amendments, see House Journal for March 13, 2001, page 399)


S. 27.

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

Reported favorably with recommendation of amendment by Senator Canns for the Committee on Natural Resources.


Sec. 1. 10 V.S.A. chapter 64 is added to read:

CHAPTER 64. SMALL-SCALE WATER SUPPLY

AND WASTEWATER 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;

(2) eliminate duplicative or unnecessary permitting requirements through the consolidation of existing authorities and the use of general permits and 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.

- 332 -

§ 1972. DEFINITIONS

For the purposes of this chapter:

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

(2) “Campground” means any lot of land occupied by more than three automobile trailers, campers, recreational vehicles, tent sites, or temporary shelters for a brief period of time for vacation or recreation purposes, whether or not the operation is commercial or operated for no charge with no services. This definition shall not include primitive or wilderness camping areas unless the secretary determines that a specific area is likely to create a health hazard, public nuisance, or source of pollution.

(3) “Failed supply” means a potable water supply: that is contaminated so that it is rendered not potable; or 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 where the source, treatment, or conveyance equipment used to provide potable water is broken or inadequate. Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if 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.

(4)(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) so that a potable water supply is contaminated and rendered not potable; or

(iii) that presents a threat to human health.

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (4), a system shall not be a failed system if these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump.

(5) “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 emergency storage

- 333 -

tanks, which are located inside a building or structure and which 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.

(6) “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.

(7) “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.

(8) “Wastewater system” means any piping, pumping, treatment, or disposal system used for the conveyance and treatment of sanitary waste or 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 emergency storage tanks, which are located inside a building or structure and which 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 system of less than 6,500 gallons per day, or a wastewater system of any size that is connected to a sewerage system.

§ 1973. PERMITS

(a) Except as provided in this section and sections 1974 and 1978 of this title, a person who has not first obtained a permit from the secretary shall not:

(1) subdivide land;

(2) create or modify a campground in a manner that affects a potable water supply or wastewater system;

(3) construct, replace, or modify a potable water supply or wastewater system;

(4) construct, replace, modify, or operate a failed supply or failed system;

(5) construct or modify a building or structure in a manner which requires construction, replacement, or modification of a potable water supply or wastewater system;

- 334 -

(6) make a new or modified connection to an existing potable water supply or wastewater system; or

(7) change the use of a building or structure in a way 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 the construction, replacement, or modification of a potable water supply or wastewater system that has been permitted, or was exempt from permitting requirements, is required because the supply or system has become a failed supply or system, the secretary may issue a permit that includes variance provisions if the supply or system cannot be constructed, replaced, or modified so that it is in full compliance with the rules adopted under section 1978 of this title. When approving a variance under this subsection, the secretary shall consider the cost of the construction, replacement, or modification of the system in addition to the potential impacts on human health and the environment. In no event shall a permit be issued under this subsection if the supply or system would continue to meet the definition of a failed supply or failed system.

(d) No permit shall be issued by the secretary unless the secretary receives a statement from a licensed designer certifying that, to the best of his or her knowledge and belief and in the exercise of his or her professional judgment, the design included in an application for a permit complies with the standards in the rules.

(e) No permit issued by the secretary shall be valid after completion of construction of the potable water supply and wastewater system until the secretary receives a statement from a licensed designer or installer certifying that, to the best of his or her knowledge and belief and in the exercise of his or her professional judgment, the potable water supply and wastewater system was installed in accordance with the permitted design and was properly tested.

(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.

- 335 -

(g) If there is a dispute concerning professional engineering design or judgment, a registered professional engineer may request that the disputed facts be reviewed by a registered professional engineer employed by the secretary. The secretary shall grant all such requests for review.

(h) All permits required under this section, all designer and installer statements 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 LOTS

(a) Notwithstanding any other requirements of this chapter, the provisions of this section shall apply to a single-family residence on its own 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 constructed as of January 1, 1999. This exemption shall terminate:

(A) If any of the following occur after January 1, 1999:

(i) the wastewater system fails;

(ii) the lot is subdivided;

(iii) there is a significant modification of the potable water supply or wastewater system;

(iv) there is a significant modification of the residence that would increase design flows; or

(v) there is a change in use of the residence so that it is no longer solely a single-family residence; or

(B) If the potable water supply serving the residence fails at any time after the effective date of the rules adopted under section 1978 of this title.

(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) For the purposes of this subsection, a wastewater disposal system has failed when the system is functioning in a manner:

- 336 -

(A) 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 the approved design of the system specifically requires the system to function in such a manner;

(B) so that a potable water supply is contaminated or rendered not potable;

(C) that presents an imminent hazard to human health; or

(D) that presents a serious threat to the environment.

(4) For the purposes of this subsection, permits with variance provisions, as described in subsection 1973(b) of this title, may be issued for:

(A) the construction, replacement, or modification of failed suppliesand failed systems; and

(B) the upgrading of a potable water supply or wastewater system, provided that there is no increase in the design flow.

(5) If a seller of real estate represents that the property is subject to the exemption described in this subsection, the seller shall provide the buyer with affidavits that the lot, residence, potable water supply, and wastewater system are in compliance with the requirements of this subsection. All required affidavits shall be properly indexed and recorded in the land records pursuant to 24 V.S.A. §§ 1154 and 1161.

(6) If a residence is exempt under this subsection, none of the other exemptions listed in this section shall apply.

(c) A single-family residence on its own lot and its 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 July 1, 2001, and was exempt from the subdivision permitting requirements that existed on June 30, 2001. 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 action for which a permit is required under this chapter occurs at least one year after the effective date of the nonemergency rules adopted under section 1978 of this title.

(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:

- 337 -

(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 or vertically.

(e) Where a permit is required for the addition of one or more bedrooms to a single-family residence on its own lot that was exempt from the subdivision permitting requirements that were in existence until one year after the effective date of the nonemergency rules adopted under section 1978 of this chapter, the permit to be issued:

(1) shall not require that the existing wastewater system be upgraded to meet the standards of the rules unless it has failed ; and,

(2) shall require that a design for a fully complying replacement area be submitted and approved.

(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, unless and until the permit is amended.

(g) For a single-family residence on its own lot that was exempt from the permitting requirements under subsection (c) of this section, a permit with variances may be issued authorizing the upgrading of a potable water supply or wastewater system, provided there is no increase in design flow.

§ 1975. DESIGNER AND INSTALLER LICENSES

(a) The secretary shall establish and implement a process to license and periodically renew the licenses of designers and installers 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 or install a potable water supply or wastewater system that requires a permit under this chapter without first obtaining a designer or installer license, as applicable, from the secretary, except:

(1) a registered professional engineer who is licensed in Vermont shall automatically be entitled to initially receive a designer’s license under this chapter, provided that:

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

(B) the engineer has satisfactorily completed a college-level soils identification course with specific instruction in the areas of soils morphology,

- 338 -

genesis, texture, permeability, color, and redoximorphic features, or has passed a soils identification test administered by the secretary.

(2) a well driller who is licensed in accordance with chapter 48 of this title shall be deemed to have a valid installer’s license under this chapter so long as he or she is operating within the scope of his or her well driller’s license; and

(3) the owner of an owner-occupied single-family residence or a single - family secondary residence used primarily by the owner may install a wastewater system at that single-family residence or second home in accordance with plans prepared by a licensed designer without first obtaining an installer license.

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

(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, the procedures used by a licensed installer, 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 or installer license. 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 is one or more of the following:

(1) false or misleading information submitted in support of an application for a permit or contained in a design or installation certification;

(2) misrepresentation of any relevant fact at any time; or

(3) negligence or incompetence in completing the work necessary for an application, a design, an installation, or the inspection of an installation.

(f) If the secretary finds that a statement by a licensed designer or installer submitted under this chapter was incorrect, 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.

§ 1976. DELEGATION OF AUTHORITY TO MUNICIPALITIES

- 339 -

(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 by done by a municipality under this section to grant permits;

(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) Two years after the effective date of the nonemergency rules adopted under section 1978 of this title, 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, 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

- 340 -

remain in effect, unless and until superseded by another permit issued pursuant to the provisions of this chapter.

§ 1977. APPEALS; STAYS

(a) A person aggrieved by a decision, other than an enforcement decision, of the secretary or of a delegated municipality under this chapter, may appeal to the water resources board within 30 days of the date of issuance of the decision. An appeal shall be heard on the record if the secretary has issued a decision based on a contested case proceeding, and otherwise shall be heard de novo. Appeal from a decision of the water resources board shall be to the supreme court within 30 days of the date of issuance of the decision.

(b) No decision of the secretary, or of a delegated municipality, shall be automatically stayed by the filing of an appeal; however, the board, on request of a party to the appeal, may issue a stay containing terms and conditions it deems just.

§ 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 potable water supplies and 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 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,

- 341 -

that provide an adequate degree of protection of human health and the environment. When alternative 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 technologies;

(10) provisions allowing for appropriate reductions in leachfield size, depth to the seasonal high water table, or other site parameters when alternative or innovative technologies are used, and when those technologies, combined with the reductions, provide an adequate degree of protection of human health and the environment;

(11) provisions allowing for experimental systems;

(12) provisions allowing for the use of holding tanks when permitted or exempt existing wastewater systems have failed or are expected to fail, provided no other cost-feasible alternative is available, or for new publicly owned buildings with daily flows that do not exceed 600 gallons per day, provided no other cost feasible alternative is available;

(13) provisions regarding the licensing of designers and installers;

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

(15) provisions regarding the permitting by rule of certain types of potable water supplies or wastewater systems, including connections to sewerage systems; and

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

(b) The secretary, by rule, may 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 adopt rules under this section for the acceptance and approval of a range of innovative and alternative wastewater disposal systems for use in situations where there is a failed wastewater system serving a legally existing single-family residence on its own lot, provided that the residence and the wastewater system were in existence as of July 1, 2001. Rules adopted under this subsection shall be adopted as emergency rules, shall be adopted by no later than August 1, 2001, and shall remain in effect until amended through the normal rulemaking process, but also may be further amended by additional emergency rules that allow use for these purposes of additional innovative and alternative wastewater disposal system technologies. In this adoption process, the secretary need not believe that there exists an imminent peril to public health, safety, and welfare. Review of these emergency rules by the legislative

- 342 -

committee on administrative rules shall not include the issue of whether or not the rules are necessitated by an imminent peril to public health, safety, or welfare.

(d) The secretary shall first adopt nonemergency rules under this section no later than February 1, 2002. The provisions of the rules that relate to subdivisions (a)(8) through (11) of this section shall not take effect in any municipality until one year after the date of first adoption of the nonemergency rules, unless the municipality has affirmatively updated its town plan, zoning and subdivision requirements, after considering this chapter.

(e) 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.

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

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

(A) per lot $175.00

(B) deferral of permit $60.00

(C) homestead exemption $60.00 per application

(D) permit amendment $60.00 per application

(E) remediation certificate $175.00 per certificate

(F) time-of-sale remediation $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:

* * *

Sec. 3. 3 V.S.A. § 2822(j)(31) and (32) are added to read:

(31) For designer and installer licenses issued under 10 V.S.A. chapter 64:

(A) Designers:

(i) original application $100.00

(ii) renewal application $50.00 per year

(B) Installers:

(i) original application $50.00- 343 -

(ii) renewal application $25.00 per year

(32) For provisional designer and installer licenses:

(A) Annual registration fee $25.00

(B) Site technicians and well drillers who are licensed by the secretary and have paid all required fees shall not be required to pay an annual registration fee in order to have a valid provisional license.

* * * Mobile Home Park Permits * * *

Sec. 4. 10 V.S.A. § 6205(b) is amended to read:

(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

(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 * * *

Sec. 6. 10 V.S.A. § 8003(a) is amended to read:

(a) The secretary may take action under this chapter to enforce the following statutes, and any related rules, permits, assurances, or orders:

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

* * *

- 344 -

(9) 10 V.S.A. chapter 61 64, relating to small-scale 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,;

(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, designer statements, installer statements, 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.


- 345 -

(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 and Installers * * *


(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 or installers, as designated by rule by the secretary of the agency of natural resources, who design or install 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:

- 346 -

(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. 13. EFFECTIVE DATE

Sec. 11 of this act, which repeals reference to site technicians, shall take effect 18 months after the effective date of rules adopted by the secretary under 10 V.S.A. § 1978 (governing designers’ 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 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 (governing designers’ 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 two years after the effective date of rules adopted by the secretary under 10 V.S.A. § 1978.

* * * Transition and Implementation * * *

Sec. 15. TRANSITION AND IMPLEMENTATION

(a) Provisional designers’ licenses. A site technician, professional engineer, or other individual legally practicing engineering in Vermont shall be deemed, within the scope of his or her legal authority, to have a provisional designer’s license under 10 V.S.A. § 1978. A provisional license shall remain

- 347 -

in effect until 30 months after the effective date of rules adopted under 10 V.S.A. § 1978, governing designers’ licenses, provided that:

(1) prior to performing any design work, the person notifies the secretary of the fact that he or she was designing potable water supplies or wastewater systems prior to July 1, 2001;

(2) the person pays the specified annual registration fee; and

(3) the secretary has not suspended or revoked the provisional license pursuant to subsection 1975(e) of Title 10.

(b) Provisional installers’ licenses. A person in the business of installing potable water supplies or wastewater systems that require a permit under chapter 64 of Title 10 shall be deemed to have a provisional installer’s license which shall remain in effect until 36 months after the effective date of rules adopted under 10 V.S.A. § 1978 governing installers’ licenses, provided that:

(1) prior to performing any installation work, the person notifies the secretary of the fact that he or she was installing potable water supplies or wastewater systems prior to July 1, 2001; and

(2) the person pays the specified annual registration fee.

(c) Effect of rules. Notwithstanding the repeal by this act of 3 V.S.A. § 2873(c), 10 V.S.A. chapter 61, and 18 V.S.A. § 1218, the existing 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 non-emergency rules first adopted under that chapter.

(d) 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.

(e) Rulemaking. 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.

(f) Undeveloped lots.

(1) An undeveloped lot that was in existence as of July 1, 2001 and which was exempt from the subdivision permitting requirements that existed

- 348 -

on June 30, 2001, and any undeveloped lot greater than ten acres in size created after June 30, 2001, but prior to the effective date of the nonemergency rules adopted under 10 V.S.A. § 1978, is exempt from the permitting requirements of 10 V.S.A. chapter 64. This exemption shall terminate:

(A) two years after the effective date of the nonemergency rules adopted under 10 V.S.A. § 1978 for undeveloped lots in existence as of July 1, 2001, if the lot remains undeveloped; or

(B) on the effective date of nonemergency rules adopted under 10 V.S.A. § 1978 for undeveloped lots greater than ten acres in size created after June 30, 2001, but before the effective date of the nonemergency rule, if the lot remains undeveloped; or

(C) whenever the lot is developed by the construction of a building or structure, other than only one single-family residence, the useful occupancy of which requires a potable water supply or wastewater system.

(2) For lots that have been developed by the construction of only one single-family residence, this exemption shall terminate when any action is taken for which a permit is required under 10 V.S.A. chapter 64, if that action is taken after the exemption termination dates established in subdivision (1) of this subsection.

(g) Notwithstanding the repeal of 10 V.S.A. chapter 61, the exemptions that were set forth in section 1952 of Title 10, with the exception of the exemption for single-family residences on their own lots, shall remain in effect. The exemptions shall terminate when and if any action for which a permit is required under chapter 64 of Title 10 occurs one year after the effective date of the nonemergency rules adopted under section 1978 of Title 10.

(h) The department of housing and community affairs, in cooperation with the agency of natural resources, shall provide municipal planning grants, technical assistance, and training to municipalities for the purpose of revising municipal plans and bylaws, without decreasing necessary funding for regional and municipal planning purposes. These funds and assistance would address the new needs arising from the increase in land area that would be available for development as a result of adoption of rules allowing alternative technologies for on-site disposal of wastewater in Vermont.

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 1974(b) of Title 10, the failure to

- 349 -

obtain a subdivision permit under section 1218 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.

Sec. 17. POSITIONS AND APPROPRIATION

(a) The establishment of two (2) new classified positions – one (1) environmental scientist and one (1) environmental engineer – is authorized in fiscal year 2002.

(b) There is hereby appropriated $125,000.00 from the environmental permit fund in fiscal year 2002 to support the positions described in subsection (a) of this section.


Reported favorably with recommendation of amendment by Senator Gossens for the Committee on Finance.

The Committee recommends that the bill be amended as recommended by the Committee on Natural Resources and Energy with the following amendments thereto:

First: in Sec. 1, 10 V.S.A. § 1974(b)(4), after the following: “as described in subsection 1973” by striking “(b)”, and inserting in lieu thereof the following: “(c)”

Second: in Sec. 2, 3 V.S.A. § 2822(j)(4) before the colon, by striking the following: “10 V.S.A. chapter 61” and by inserting in lieu thereof the following: “10 V.S.A. chapter 61 64”

Third: in Sec. 15(h), by striking the first sentence, and inserting in lieu thereof the following: The agency of natural resources shall provide municipal planning grants for the purpose of revising municipal plans and bylaws. and in the second sentence, by striking the words “and assistance would address the new needs” and inserting in lieu thereof the following: “are to address the needs”

Fourth: in Sec. 17, by adding a new subsection (c) to read as follows:

(c) There is hereby appropriated $250,000.00 in one-time general funds, in FY 2002, to the agency of natural resources to carry out activities required by subsection (h) of Sec. 15 of this act.


S. 172.- 350 -

An act relating to the Vermont working landscape.

Reported favorably with recommendation of amendment by Senator Gossens for the Committee on Agriculture.


Sec. 1. FINDINGS

The general assembly finds that the current use program has been of great service to Vermont. The program has helped encourage the maintenance of Vermont’s productive agricultural and forest land, and preserve these lands for future productive use. The program has enabled the protection of natural ecological systems and the prevention of the accelerated conversion of these lands to more intensive use by the pressure of property taxation at values incompatible with the productive capacity of the land. More equitable taxation for undeveloped lands has occurred because of the program resulting in the preservation of Vermont’s scenic natural resources and encouraging the protection of endangered species. The program has also increased the ability of the citizens of Vermont to plan for the state’s orderly growth in the face of increasing development pressures.

The general assembly also finds that maintaining the lands in the current use program as farm and forest land is a key to the Vermont economy. Vermont’s farms and forests are enjoyed by tourists and residents alike, and provide jobs in the agriculture and forestry industries. Agriculture and tourism are the second and third leading industries in the state. In 1999, agriculture was worth $542 million to the Vermont economy in total cash receipts. Of that total, sales from milk accounted for $413 million or 76 percent of Vermont’s total agricultural economy. There are around 6,800 total farms in Vermont. Of that number, 1,783 are dairy farms. Much of that farmland is enrolled in the current use program.

The current use program has been helping landowners for more than ten years, but the number of working farms in the state has continued to decline due to familiar problems: increasing costs, decreasing profits, and the inability to make ends meet. Over the last ten years, an average of four percent of all Vermont’s dairy farmers have gone out of business each year, with 1999 being the worst year for farm loss with 123 farms, or 6.9 percent closing down. The Northeast Dairy Compact has been helpful to dairy farmers by helping to stabilize farm prices to give farmers a better opportunity to plan for the future, to begin to recover more of their cost of production and to keep their farms viable. But the Compact this year is facing an uphill battle in Congress for reauthorization. At the same time, the state and federal government are

- 351 -

encouraging farmers to utilize best management practices and generally accepted agricultural practices which will help the environment of Vermont. Some portion of most farms in Vermont is forestland eligible for the current use program. Many sugarbushes are enrolled in the program.

Eighty-three percent of Vermont is now forest land, and 18,000 Vermonters are employed in the wood products industry. The industry has shown strong growth in recent years, and plays a significant role in the Vermont economy. Forest land enrolled in the current use program must be under an active long - term management plan that is approved by the Department of Forests, Parks and Recreation. Owners must submit an annual conformance report of the activities conducted in accordance with their forest plan. The current use program helps to make the wood products industry sustainable. Forest land provides significant habitat for wildlife and wild plant species that play important roles in the maintenance of the state’s ecosystem.

Therefore, the general assembly of Vermont finds that, in order to further encourage the goals of the current use program and to protect the economic vitality and environmental quality of the Vermont working landscape, the owners of the agricultural land or managed forest land in the current use program should not have to pay any education property taxes.


§ 5401. DEFINITIONS

As used in this chapter:

* * *

(6) “Equalized education property tax grand list” means one percent of the aggregate fair market value of all nonresidential and homestead property that is required to be listed at fair market value as certified during that year by the director of property valuation and review under section 5406 of this title, plus one percent of the aggregate value of property required to be listed at a value established under a stabilization agreement described under section 5404a of this title, plus one percent of the aggregate use value established under chapter 124 of this title of all nonresidential property that is enrolled in the use value appraisal program.

* * *

(10) “Nonresidential property” means all property except:

* * *

(G) Property that is enrolled in the use value appraisal program under chapter 124 of this title.

- 352 -

(11) “Education property value” means the aggregate fair market value of all nonresidential and homestead real property that is required to be listed at fair market value as certified during that year by the director of property valuation and review under section 5406 of this title, plus the aggregate value of property required to be listed at a value established under a stabilization agreement described under section 5404a of this title, plus the aggregate use value established under chapter 124 of this title of all nonresidential real property that is enrolled in the use value appraisal program.


§ 5404. DETERMINATION OF EDUCATION PROPERTY TAX GRAND LIST

Municipalities shall determine the education property tax grand list by calculating one percent of the listed value of nonresidential and homestead real property as provided in this section. The listed value of all nonresidential and homestead real property in a municipality shall be its fair market value, or its value established under a stabilization agreement described in section 5404a of this title, or the use value of property enrolled in a use value program under chapter 124 of this title. If a homestead is located on a parcel of greater than two acres, the entire parcel shall be appraised at fair market value; the homestead shall then be appraised as if it were situated on a separate parcel and the value of the homestead shall be subtracted from the value of the total parcel to determine the value of the remainder of the parcel.

Sec. 4. EFFECTIVE DATE AND TRANSITIONAL RULE

(a) This act shall apply to education property tax grand lists of April 1, 2001 and after.

(b) The commissioner of taxes shall determine the education property tax liability under section 5402 of Title 32 for each municipality for fiscal year 2002 without regard to property that is enrolled in the use value appraisal program under chapter 124 of Title 32.


House Proposal of Amendment

S. 88

An act to update education statutes to reflect recent changes in law.

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

First: In Sec. 8, 16 V.S.A. § 711b(d), in the second sentence, by striking the word “assessment” and inserting in lieu thereof the words “amounts due”

- 353 -

Second: In Sec. 15, 16 V.S.A. § 4001(10), in the new language, by striking the word “towns” and inserting in lieu thereof the words “school districts”

Third: In Sec. 16, 16 V.S.A. § 4011(e), by striking the new sentence and inserting in lieu thereof a new sentence to read:

The commissioner shall pay an amount equal to the general state support grant to the Vermont Academy of Science and Technology for each Vermont resident, 12th grade student enrolled.

Fourth: In Sec. 18, by striking the section in its entirety and inserting in lieu thereof:

Sec. 18. Sec. 17a of Act No. 49 of the Acts of 1999 is amended to read:

Sec. 17a. UNORGANIZED TOWNS AND GORES WITH FEWER THAN FIVE STUDENTS

Notwithstanding any other provision of law, in fiscal years 1999, 2000 and 2001 only through 2004, any unorganized town or gore with fewer than five students as of July 1 of the fiscal year:

* * *

Fifth: Following Sec. 18, by inserting a new Sec. 19 to read:


(a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with state board rules, suspend a pupil for up to 10 school days or, with the approval of the board of the school district, expel a pupil for up to the remainder of the school year or up to 90 school days, whichever is longer, for misconduct on school property, on a school bus or at a school-sponsored activity when the misconduct makes the continued presence of the pupil harmful to the welfare of the school or for misconduct not on school property, on a school bus or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated. Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, or from expelling a pupil who brings a weapon to school pursuant to section 1166 of this title.

And by renumbering the last section of the bill to be Sec. 20

Proposed Amendment To The Constitution

PROPOSAL 4

(Second day on Notice Calendar pursuant to Rule 83)- 354 -

Pursuant to Rule 83 of the Senate Rules, notice is hereby given that proposed amendment to the Constitution, Proposal 4, set forth below, will be read the third time and acted upon, on the seventh legislative day following Wednesday, March 28, 2001. At that time, the following question shall be presented: “Shall the Senate concur in the proposal and request the concurrence of the House?”`

Sec. 1. PURPOSE

This proposal would allow the general assembly to prescribe a mandatory retirement age for justices of the Supreme Court and judges of all subordinate courts.

Sec. 2. Section 35 of Chapter II of the Vermont Constitution is amended to read:

§ 35. [Mandatory retirement]All justices of the Supreme Court and judges of all subordinate courts shall

be retired at such age, not less than seventy years of age, as the General Assembly may prescribe by law, or, if the General Assembly has not so provided by law, at the end of the calendar year in which they attain seventy years of age or at the end of the term of election during which they attain seventy years of age, as the case may be, and shall be pensioned as provided by law. The chief justice may from time to time appoint retired justices and judges to special assignments as permitted under the rules of the Supreme Court.

Sec. 3. EFFECTIVE DATE; TRANSITION

This proposal of amendment shall take effect upon ratification and adoption by the people of this state in accordance with the provisions of chapter 32 of Title 17, and shall apply to justices and judges in office at the time this proposal becomes a part of the constitution, and to justices and judges subsequently appointed.

ORDERED TO LIE

S. 111.

An act relating to emergency care and treatment of an animal.

PENDING ACTION: Second reading.

S. 112.

An act relating to transporting regulated drugs into places of detention.


S. 158.- 355 -

An act relating to possession, delivery or sale of ecstasy.


S. 197.

An act relating to filing of statements of nomination.

PENDING QUESTION: Shall the bill be read the third time?

CONFIRMATIONS

The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

Barbara Zander of St. Johnsbury – Magistrate of Family Court – By Senator Leddy for the Committee on Judiciary. (for 2/8)

Patricia McDonald of Berlin – Commissioner of the Department of Personnel – By Senator Doyle for the Committee on Government Operations. (for 3/21)

Joint Assembly

***Thursday, March 29, 2001 – 10:30 A.M. – House Chamber - Retention of three (3) Superior Court Judges and five (5) District Court Judges.

Public Hearings

Thursday, March 29, 2001 – Room 11 – 7:00 P.M. – Re: H. 475 – Permit Reform-Act 250 – Senate Committee on Natural Resources and Energy.

Friday, March 30, 2001 – Room 11 – 3:00-5:00 P.M. – Re: S. 176 – Animal Cruelty – Senate Committee on Agriculture.

Reports On File

Pursuant to the provisions of 2 V.S.A. §20(c), (1) copy of the following reports is on file in the office of the Secretary of the Senate:

103. Report on 2001 Survey of Vermont Emergency Food Shelves and Community Kitchens. (March 2001) (Vermont Office of Economic Opportunity)

- 356 -

104. Vermont Farm to Family Program. (March 2001) (Vermont Office of Economic Opportunity)

105. Department of Buildings & General Services 2001 Report to the General Assembly. (March 2001) (Agency of Administration)

INFORMATION NOTICE

The following grants were recently received by the Joint Fiscal Committee:

JFO #1974 - $15,000 grant from U.S. Department of Agriculture, Natural Resources Conservation Council, to the Department of Agriculture, Food and Markets. This grant (matched with funds from the Agency of Natural Resources) will be used to reduce non-point pollution runoff by reducing supplemental phosphorus levels in animal feeds by educating feed consultants, veterinarians and farmers on the safe reduction of phosphorus in animal feed. [JFO received 03/22/01]

JFO #1975 - $74,000 grant from the U.S. Department of Justice, Bureau of Justice Assistance to the Department of State’s Attorneys. This grant (matched with funds from the Department of Corrections) will be used to develop a general planning process for a community prosecution program in Windsor. Joint Fiscal Committee approval is being requested for one (1) limited service sponsored position – Deputy State’s Attorney – for the duration of the grant. [JFO received 03/28/01]

- 357 -

Documents

AutoFill Template · Web viewRules adopted under this subsection shall be adopted as emergency rules, shall be adopted by no later than August 1, 2001, and shall remain in effect