• Abstract and Figures
• Public Full-text

Journal of the House ______WEDNESDAY, MAY 19, 2004 At ten o'clock in the forenoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Speaker Walter Freed of Dorset. Pledge of Allegiance Page Molly Taylor of Bethel led the House in the Pledge of Allegiance. Message from Governor A message was received from His Excellency, the Governor, by Mr. Neale Lunderville, Secretary of Civil and Military Affairs, as follows: Mr. Speaker: I am directed by the Governor to inform the House that on the eighteenth day of May, 2004, he approved and signed a bill originating in the House of the following title: H. 629 An act relating to bullying prevention policies Joint Resolution Adopted J.R.H. 78 The committee on Transportation offered a joint resolution, entitled Joint resolution urging the federal government to investigate the impact of high gasoline prices and to develop a comprehensive national energy policy; Whereas, gasoline prices have risen considerably and undesirably in recent months, and Whereas, high prices have a negative economic impact on all Vermonters, and Whereas, rising crude oil prices are the primary cause for rising gasoline prices, and Whereas, OPEC production cuts and political uncertainty in oil producing nations, such as Venezuela, Nigeria, and Iraq, have led to tighter oil markets and, thus, higher gasoline prices, and 196 JOURNAL OF THE HOUSE 197 Whereas, unexpected problems, such as pipeline ruptures and last summer’s New England blackout, have contributed to higher gasoline prices, and Whereas, rising gasoline prices will have a negative impact on the cost of goods and services in Vermont and the nation and on the ability of Vermont public transportation to meet its obligations, and Whereas, stabilization of gasoline prices is in the best interest of all Vermonters, both retailer and consumer alike, and Whereas, a critical and necessary first step in facilitating the lowering of retail gasoline prices to a more stable and rational level is for the United States Department of Energy to investigate the underlying causes of the recent and undesirable price escalation, and Whereas, in a federal legislative context, there are several proposals which if enacted by Congress in combination could lower gas prices, and Whereas, the proposals will address the real-world implications of traditional and alternative fuel supply development and deliverability, and Whereas, these proposals also consider the ramifications of gasoline prices on consumer choice, cost, fuel availability, and emerging technologies, now therefore be it Resolved by the Senate and House of Representatives: That the General Assembly urges the federal executive and legislative branches to investigate the causes of the recent and undesirable gasoline price increases, and be it further Resolved: That Congress enact legislation, as quickly as possible, that will mitigate the impact of the gasoline price rise both on a short- and long-term basis, and be it further Resolved: That the General Assembly urges the United States Congress and the United States Department of Energy to develop a comprehensive national energy policy that meets the needs of the State of Vermont, and be it further Resolved: That the Secretary of State be directed to send a copy of this resolution to the President of the United States, U.S. Secretary of Energy Spencer Abraham, Speaker of the U.S. House Dennis Hastert, U. S. Representative Tom Delay, U.S. Representative Nancy Pelosi, U.S. Senator Bill Frist, U.S. Senator Tom Daschle, and the members of the Vermont Congressional Delegation. Which was read and adopted on the part of the House. 198 WEDNESDAY, MAY 19, 2004 Action on Bill Postponed S. 249 Senate bill, entitled An act relating to facilitating the use of wastewater disposal systems located in clay soils and near ledges; Was taken up and pending third reading of the bill, Rep. Masland of Thetford moved to amend the House proposal of amendment as follows: By striking all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 10 V.S.A. § 1973(i) is added to read:

(i) Notwithstanding the fact that the soils involved do not comply with prescriptive soil requirements contained in the rules adopted under this chapter, a professional engineer shall be deemed in compliance with the requirements of this chapter and the rules adopted under this chapter and shall be entitled to a presumption that a wastewater disposal system will work on the site, if the professional engineer prepares and submits to the secretary and records in the land records a stamped and signed design for a wastewater system that the professional engineer has certified will operate so as to keep effluent from surfacing. The presumption created under this subsection shall be available only in situations in which all of the following apply:

(1) The professional engineer is currently licensed by the state and is in good standing.

(2) The land involved is located entirely within one or more municipalities that have planning and zoning processes that are confirmed under 24 V.S.A. § 4350 and that have municipal plans approved as provided under that section.

(3) The professional engineer provides proof of insurance coverage adequate to:

(A) indemnify the engineer’s clients for negligent design or supervision of installation under this chapter, and

(B) provide for the repair of any wastewater system that fails, without having to establish the negligence of the engineer, as system failure is defined by this chapter and determined by the secretary to exist, based upon monitoring or by other means. The strict liability established by this subdivision shall not

JOURNAL OF THE HOUSE 199 apply if an independent inspector licensed by the secretary under subsection 1975(h) of this title finds that the failure was caused by a use of the system that was clearly prohibited by the manufacturer of the system and that clear prohibition was entered in the land records.

(4) The professional engineer certifies that the engineer or the engineer’s agent has observed the installation of the wastewater system and that installation occurred according to the design.

(5) The wastewater system involved relates only to single family home development.

(6) Any non-prescriptive design employed will maintain, above the calculated level of the effluent plume, at least six inches of naturally occurring soil, and will be located at least 110 percent of the setback from surface water or known drinking water supplies that is required in the rules established for prescriptive systems.

(7) Monitoring wells are installed, sufficient to ensure that effluent is maintained at least six inches below the surface.

(8) The landowner and any successor in title are obligated to enter a contract with an independent inspector licensed by the secretary, pursuant to which the independent inspector, in compliance with the requirements established by the secretary, will monitor the functioning of the system and will be entitled to reasonable re-imbursement by the current landowner for the costs of monitoring. Any contract will clearly indicate that landowner obligations to contract with an independent inspector for monitoring shall run with the land, and a copy of a current contract will be filed with the secretary and entered in the land records.

(9) The landowner will contract with a professional engineer, or other person determined competent by the secretary, for annual inspection and necessary servicing of any non-prescriptive wastewater system, and annual notification to the secretary that inspection and servicing has taken place. Servicing shall take place more frequently than on an annual basis if required by the instructions from the manufacturer of the system. A copy of a current service contract shall be provided to the secretary and filed in the land records.

(10) The professional engineer agrees to indemnify the landowner for the necessary cost of home reconstruction on a suitable site, in the event that a non-prescriptive system fails, and it is determined by an independent engineer, 200 WEDNESDAY, MAY 19, 2004 with the assent of the secretary, that no other system can be constructed on the property that will not fail.

Sec. 2. 10 V.S.A. § 1975(h) and (i) are added to read:

(h) Each licensed designer shall carry insurance coverage adequate to indemnify each landowner on whose property a wastewater system is to be constructed, for negligent design or supervision of installation. The minimum coverage of liability shall be no less than $50,000.00 per claim. As an alternative to carrying this insurance, a licensed designer may enter contracts with each landowner on whose property a wastewater system is to be constructed, establishing alternative measures or sureties to protect the landowner against the designer’s negligent design or supervision of installation.

(i) The secretary shall establish a class of licensees to act as independent inspector of wastewater systems that are exempt from the rules established under this chapter, as provided in subsection 1973(i) of this title. A licensed independent inspector shall be eligible to contract with a landowner owning a wastewater system to provide independent inspection services and report to the secretary and landowner as required under that section. A licensed independent inspector also shall be eligible to investigate a failed system, regulated under that subsection, to ascertain whether or not the failure was caused by a use of the system that was clearly prohibited by the manufacturer of the system and that clear prohibition was entered into the land records. An independent inspector shall not be actively involved in the installation or maintenance of wastewater systems regulated under subsection 1973(i) of this title. These rules shall include provisions that otherwise assure the independence of each inspector. Thereupon, Rep. Masland of Thetford asked and was granted leave of the House to withdraw his amendment. Pending third reading of the bill, Rep. Jewett of Ripton moved to amend the House proposal of amendment as follows:

First: by striking Secs. 1 and 2 and inserting in lieu thereof the following:

Sec. 1. 10 V.S.A. § 1973(i) is added to read:

(i) Notwithstanding the fact that the soils involved do not allow a system to be designed within the rules adopted under this chapter, a licensed designer shall be deemed in compliance with the requirements of this chapter and the rules adopted under this chapter and shall be entitled to a presumption that a

JOURNAL OF THE HOUSE 201 wastewater disposal system will keep effluent from surfacing, if the licensed designer prepares and submits to the secretary and records in the land records a stamped and signed design for a wastewater system that the licensed designer has certified will operate so as to keep effluent from surfacing. The presumption created under this subsection shall be available only in situations in which all of the following apply:

(1) The licensed designer is currently licensed by the state and is in good standing.

(2) The licensed designer provides proof of insurance coverage adequate to indemnify the engineer’s clients for negligent design or observation of the installation under this chapter.

(3) The licensed designer certifies that the designer or the designer’s agent has observed the installation of the wastewater system and that installation occurred according to the design.

(4) Any non-prescriptive system shall be designed so that the calculated level of the effluent plume is at least six inches below the top of naturally occurring soil, and will be located at least the minimum setback from surface water or known drinking water supplies that is required in the rules established.

(5) Any non-prescriptive system shall be accompanied by a mandatory inspection and servicing schedule, which shall be specified in the permit.

(6) The landowner and any successor in title are obligated to contract with a licensed designer for inspection as required in the mandatory inspection and servicing schedule, necessary servicing, and annual notification to the secretary that inspection and servicing has taken place. Servicing shall take place as necessary and no less frequently than specified in the permit. A copy of a current service contract and annual inspection reports shall be provided to the secretary. A copy of the permit will be entered in the land records. A condition of the permit will clearly indicate that landowner obligations to contract with an independent licensed designer for inspection and servicing shall run with the land.

Sec. 2. 10 V.S.A. § 1975(h) is added to read:

(h) Each licensed designer of a non-prescriptive wastewater system shall carry insurance coverage adequate to indemnify each landowner on whose property a wastewater system is to be constructed, for negligent design or 202 WEDNESDAY, MAY 19, 2004 supervision of installation. The minimum coverage of liability shall be no less than $50,000.00 per claim.

Second: by adding a new Sec. 5 to read:

Sec. 5. 10 V.S.A. § 1972(9) is amended to read: (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. If adjoining plots of land become owned by the same person or persons, subdivision shall not be deemed to have occurred when those plots of land are conveyed separately. Pending the question, Shall the House amend the House proposal of amendment as offered by Rep. Jewett of Ripton? Rep. Nitka of Ludlow moved to postpone action until one o’clock in the afternoon, which was agreed to. House Resolutions Adopted House resolutions of the following titles were severally taken up and adopted on the part of the House; H. R. 37 House resolution urging the province of Quebec to complete construction of highway 35 between the Vermont-Quebec border and Iberville, Quebec. H. R. 38 House resolution congratulating Representative Doran Metzger of Milton on the occasion of his engagement to U.S. Army Captain Elaine Young. Favorable Report; Third Reading Ordered; Rules Suspended; Resolution Read the Third Time and Adopted J.R.H. 72 Rep. Brennan of Colchester, for the committee on Natural Resources and Energy, to which had been referred Joint resolution, entitled Joint resolution proposing establishment of a model outdoor lighting policy;

JOURNAL OF THE HOUSE 203 Reported in favor of its passage. The resolution, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered. On motion of Rep. Partridge of Windham, the rules were suspended and the resolution placed on all remaining stages of passage. The resolution was read the third time and adopted. Report of Committee of Conference Adopted H. 199 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled An act relating to photographs on driver licenses and learner permits; Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be further amended by striking all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 23 V.S.A. § 104 is amended to read: § 104. PUBLIC RECORDS (a) The records of the registration of motor vehicles, snowmobiles, and motorboats, licensing of operators and registration of dealers, all original accident reports, and the records showing suspension and revocation of licenses and registrations and the records regarding diesel fuel, gasoline, and rental vehicle taxes shall be deemed official and public records, and shall be open to public inspection at all reasonable hours. The commissioner shall furnish certified copies of the records to any interested person on payment of such fee as established by section subdivision 114(a)(21) of this title. Notwithstanding section 114 of this title information from the records of the department may be made available to government agencies in the manner determined by the commissioner and at the actual cost of furnishing the same. The records may be maintained on microfilm or electronic imaging. (b) Notwithstanding any other provision of law to the contrary, except for requests from government agencies or persons acting on behalf of government agencies, the commissioner shall not furnish to any person copies of photographs or imaged likenesses of persons to whom licenses, permits, or 204 WEDNESDAY, MAY 19, 2004 nondriver identification cards have been issued without the written consent of the person depicted in the photograph or imaged likeness. (c) If there is a request by any governmental agency for the entire database or the substantial database of any class of documents containing a photograph or imaged likeness of a person or any class of documents containing any other personal information, the department of motor vehicles shall notify the speaker of the house, the president pro tempore of the senate, and the attorney general. (d) Any photographs or imaged likenesses furnished to an authorized recipient shall not be made available or re-disclosed to any succeeding person or entity, except for use by a law enforcement agency, a court or tribunal, a state’s attorney, the office of the attorney general, the office of the United State’s Attorney in carrying out its official business or in response to any court order. The commissioner of motor vehicles shall so condition any release of the information and require that the recipient subject itself to the jurisdiction of the Washington superior court in the event that the condition is violated. (e) A person who violates § 104(b), (c), or (d) shall be subject to a civil penalty of up to $10,000.00 per occurrence. A civil action to assess a civil penalty may, in the discretion of the attorney general, be commenced by the attorney general in Washington superior court. Sec. 2. 23 V.S.A. § 115 is amended to read: § 115. NONDRIVER IDENTIFICATION CARDS (a) Any Vermont resident may make application to the commissioner and be issued an identification card which is attested by the commissioner as to true name, correct age, and any other identifying data as the commissioner may require which shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian or other person standing in loco parentis. Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the commissioner may require. The commissioner shall require payment of a fee of $10.00 $15.00 at the time application for an identification card is made. (b) Every identification card shall expire, unless earlier cancelled canceled, on the fourth birthday of the applicant following the date of original issue, and may be renewed every four years upon payment of a $15.00 fee. (c) In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the commissioner and paying a $10.00 $15.00 fee. (d) The identification card shall bear the following notice: “For identification purposes only.”

JOURNAL OF THE HOUSE 205 (e) The holder of an identification card shall notify the commissioner of motor vehicles, in writing, of a change in address within 30 days after the change is made. (f) The commissioner shall cancel the identification card if the card is fraudulently obtained, altered or misused. (g) The An identification card may, if requested, issued to a first-time applicant and any subsequent renewals by that person shall contain a photograph or imaged likeness of the applicant. The photographic identification card shall be available at a location designated by the commissioner. The additional fee shall be $7.00. A person issued an identification card under this subsection that contains an imaged likeness may renew his or her identification card by mail. Except that a renewal by a person required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years. (h) An identification card issued to an individual who is under the age of 18 shall be distinguishable by color from an identification card issued to an individual who is over the age of 18 but under the age of 21, and both cards shall be distinguishable by color from an identification card issued to an individual 21 or older. An identification card issued to an individual under the age of 21 shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish operator’s licenses issued under section 610 of this title. (i) A photographic An identification card issued under this subsection to an individual under the age of 30 shall include a magnetic strip that includes only the name, date of birth, height, and weight of the individual identified on the card. (j) The commissioner shall adopt rules that provide persons Persons receiving supplemental security income or Social Security disability income and disabled persons as defined in 9 V.S.A. § 4501(2) a shall be provided with nondriver identification card cards for the following fees: (1) Original issuance: $10.00. (2) Renewal every four years: $10.00. (3) Replacement of lost, destroyed, or mutilated card, or a new name is required: $5.00. (4) Card with photograph: an additional $5.00. 206 WEDNESDAY, MAY 19, 2004 (k) At the option of the applicant, his or her valid Vermont license may be surrendered in connection with an application for an identification card. In those instances, the fee due under subsection (a) of this section shall be reduced by: (1) one-quarter of the four-year fee established by subsection 601(c) of this title for each remaining full year of validity; or (2) one-half of the two-year fee paid for each remaining full year of validity. Sec. 3. 23 V.S.A. § 115a is added to read: § 115a. LEGISLATIVE INTENT; EXISTING NONDRIVER IDENTIFICATION CARD HOLDERS It is the intent of the general assembly that the provisions of subsection 115(g) of this title not require persons who, prior to July 1, 2004, were issued a nondriver identification card without a photograph or imaged likeness to obtain a photograph or imaged likeness after that date. Sec. 4. 23 V.S.A. § 601 is amended to read: § 601. LICENSE REQUIRED (a) A resident who intends to operate motor vehicles shall procure a proper license so to do. Nonresidents may procure operators’ licenses as provided in this title for the licensing of nonresidents. All operator licenses issued under this chapter shall expire every four years at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued. All junior operator licenses shall expire every two years at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued. A person born on February 29 shall, for the purposes of this section, be considered as born on March 1. (b) The commissioner shall, at least fifteen 30 days before the quadrennial birth anniversary of each operator licenseholder on which the license is scheduled to expire and biennially for each junior operator licenseholder, mail first class, to the licensee an application for renewal of license. A person shall not operate a motor vehicle unless properly licensed so to do, except as provided in this chapter. (c) Notwithstanding the provisions of this section, a licensee may request a biennial two-year license renewal. The application for renewal shall be mailed first class by the commissioner to the licensee at least fifteen days before the biennial birth anniversary of the licensee. The fee for a license issued pursuant to this subsection shall be $12.00.

JOURNAL OF THE HOUSE 207 (d) The commissioner may, in his or her discretion, determine that certain types of motor vehicles require that an operator possess specialized skill or knowledge to operate those vehicles so that the public safety may not be endangered. If he or she the commissioner so determines, he or she may prescribe different classes of licenses for the operation of particular types of vehicles. The commissioner is authorized to make rules prescribing forms and procedures for applications, license classifications, restrictions, endorsements, examinations, driver training requirements, and disqualifications consistent with this title as necessary to carry out the provisions of this section. (e) A mo-ped may be operated only by a licensed driver at least 16 years of age. Sec. 5. 23 V.S.A. § 605 is amended to read: § 605. LICENSE SUSPENSION BECAUSE OF UNSATISFIED JUDGMENT A license shall not be issued to a person Upon not less than 15 days’ notice and the opportunity for a hearing, the commissioner shall suspend the license of an operator or the privilege of an unlicensed person or nonresident to operate a motor vehicle against whom there is an outstanding unsatisfied judgment of a court of competent jurisdiction within this state, for damages arising out of a motor vehicle accident, and based upon any violation of the provisions of this title. Sec. 6. 23 V.S.A. § 608(a) is amended to read: (a) The quadrennial four-year fee required to be paid the commissioner for licensing an operator of motor vehicles shall be $30.00 $35.00. The biennial two-year fee required to be paid the commissioner for licensing an operator shall be $18.00 and for licensing a or junior operator shall be $15.00 $23.00. Sec. 7. 23 V.S.A. § 610 is amended to read: § 610. LICENSE CERTIFICATES (a) The commissioner shall assign a distinguishing number to each licensee and shall furnish the licensee with a license certificate, showing the number, the licensee’s full name, date of birth, a brief description, and mailing address and a space for the signature of the licensee. The license shall be void until signed by the licensee. (b) A motor vehicle operator’s license issued to an individual who is under the age of 18 shall be distinguishable by color from a motor vehicle operator’s license issued to an individual who is over the age of 18 but under the age of 21, and both cards shall be distinguishable by color from a motor vehicle 208 WEDNESDAY, MAY 19, 2004 operator’s license issued to an individual 21 or older. A motor vehicle operator’s license issued to an individual under the age of 21 shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish identification cards issued under section 115 of this title. (c) Upon request, a Each license certificate issued to a first-time applicant and each subsequent renewal by that person shall be issued with the photograph or imaged likeness of the licensee included on the certificate. The commissioner shall determine the fee for the photographic license and locations where photographic licenses may be issued. A photographic motor vehicle operator’s license issued under this subsection to an individual under the age of 30 shall include a magnetic strip that includes only the name, date of birth, height, and weight of the licensee. A person issued a license under this subsection that contains an imaged likeness may renew his or her license by mail. Except that a renewal by a licensee required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years. Sec. 8. 23 V.S.A. § 610a is added to read: § 610a. LEGISLATIVE INTENT; EXISTING DRIVER LICENSES WITHOUT PHOTOGRAPH OR IMAGED LIKENESS It is the intent of the general assembly that the provisions of subsection 610(c) of this title not require persons who, prior to July 1, 2004, were issued a driver license without a photograph or imaged likeness to obtain a photograph or imaged likeness after that date. Sec. 9. 23 V.S.A. § 613 is amended to read: § 613. DUPLICATE LICENSE (a) In case of the loss, mutilation, or destruction of a license certificate, the licensee shall forthwith notify the commissioner who shall furnish such licensee with a duplicate certificate on receipt of $10.00 $15.00. A corrected license certificate shall be furnished by the commissioner upon request and receipt of a fee of $10.00 $15.00. (b) A duplicate license certificate shall not be issued to any person who has surrendered his or her license to another jurisdiction in connection with obtaining a license in that jurisdiction. Sec. 10. 23 V.S.A. § 617(d) and (e) are amended to read:

JOURNAL OF THE HOUSE 209 (d) An applicant shall pay $10.00 to the commissioner for each learner’s permit that is not a motorcycle learner’s permit or a duplicate or renewal thereof. (e) A learner’s permit which is not a learner’s permit for the operation of a motorcycle, may, if requested, shall contain a photograph or imaged likeness of the person. The photographic learner’s permit shall be available at a location designated by the commissioner. The additional fee shall be $5.00. A person issued a permit under this subsection that contains an imaged likeness may renew his or her permit by mail. Except that a renewal by a permit holder who is required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years. Sec. 11. 23 V.S.A. § 631 is amended to read: § 631. REQUIREMENTS; RULES The commissioner may adopt rules pursuant to chapter 25 of Title 3 governing the examination of new applicants for operators’ licenses and may prescribe what shall be requisite to obtain or hold a license or learner’s permit, by either an old or a new or renewal applicant, as to driving experience, mental and physical qualifications, and any other matter or thing which, in his or her judgment, will contribute to the selection of safe and efficient operators. Sec. 12. 23 V.S.A. § 634 is amended to read: § 634. FEE FOR EXAMINATION (a) The fee for a road test and accompanying oral or written an examination for a learner’s permit shall be $20.00. The fee for the first an examination, and $15.00 for any additional examination, and shall be paid in advance and a receipt given therefor. A duplicate receipt together with fee collected shall be immediately sent to the commissioner by the examiner to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $5.00. (b) The department of motor vehicles shall not implement any procedures or processes for identifying applicants for licenses, learner permits, or nondriver identification cards that involve the use of biometric identifiers. Pursuant to the provisions of 49 U.S.C. § 31308, this subsection shall not apply to applicants for commercial driver licenses or endorsements on these licenses. Sec. 13. 23 V.S.A. § 4108(e)(2) is amended to read: (2) the commercial driver instruction permit shall be issued for a period of six months for a fee of $12.00 which shall include the additional fee for a 210 WEDNESDAY, MAY 19, 2004 photograph established pursuant to section 610b of this title. Only one renewal or re-issuance reissuance may be granted within a two-year period. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. Sec. 14. 23 V.S.A. § 4110(a)(8) and (b) are amended to read: (a) The application for a commercial driver license or commercial driver instruction permit shall include the following: * * * (8) The application shall be accompanied by the proper fee. The quadrennial four-year fee shall be $60.00 $65.00. The biennial two-year fee shall be $40.00 $45.00. The additional fee for a photograph on the license established pursuant to section 610b of this title shall also accompany the application. In those instances where the applicant surrenders a valid Vermont Class D license, the total fees due shall be reduced by: (A) one-quarter of the quadrennial four-year fee established by section 608 601 of this title for each remaining full year of validity; or (B) one-half of the biennial two-year fee established by section 608 of this title paid for each remaining full year of validity. (b) When a licensee or permittee changes his or her name, mailing address, or residence or in the case of the loss, mutilation, or destruction of a license or permit, the licensee or permittee shall forthwith notify the commissioner and apply in person for a duplicate license or permit in the same manner as set forth in subsection (a) of this section. The fee for a duplicate license or permit shall be $5.00 which shall include the additional fee for a photograph established pursuant to section 610b of this title $10.00. Sec. 15. 23 V.S.A. § 4111(a) is amended to read: (a) Contents of license. A commercial driver license shall contain the following: The commercial driver license shall be marked “commercial driver license” or “CDL,” and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information: (A)(1) The name and residential address of the person. (B)(2) The person’s color photograph or imaged likeness. A person issued a license under this subsection that contains an imaged likeness may renew his or her license by mail. Except that a renewal must be made in

JOURNAL OF THE HOUSE 211 person so that an updated imaged likeness of the person is obtained no less often than once every eight years. (C)(3) A physical description of the person including sex, height, and weight. (D)(4) Date of birth. (E)(5) Any number or identifier deemed appropriate by the commissioner. (F)(6) The person’s signature. (G)(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions. (H)(8) The name of this state. (I)(9) The dates between which the license is valid. (J)(10) A form, which when executed by the holder of the license, shall serve as a document of an anatomical gift by the holder of the license. Sec. 16. 23 V.S.A. § 603(d) is added to read: (d) In addition to any other requirement of law or rule, a citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card) or other proof of legal presence for inspection and copying as a part of the application process for an operator license, junior operator license, learner permit, or a nondriver identification card. Notwithstanding any other law or rule to the contrary, an operator license, junior operator license, learner permit, or nondriver identification card issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay. A license or permit issued under this section may not be issued to be valid for a period of less than 180 days. Sec. 17. DEPARTMENT OF MOTOR VEHICLES; HOURS OF OPERATION The department of motor vehicles shall adjust the hours of operation to enhance the availability of service to customers of the department. The department shall work within the contractual guidelines for employees and use statistical data to identify those locations where it would be more beneficial and cost - effective. Committee on the part of the Senate Committee on the part of the House Sen. Donald Collins Rep. George Schiavone 212 WEDNESDAY, MAY 19, 2004 Sen. Hull Maynard Rep. David Allaire Sen. Claire Ayer Rep. Henry Gray Which was considered and adopted on the part of the House. Report of Committee of Conference Adopted H. 482 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled An act relating to compensation for certain state employees; Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following: * * * Statewide Elected Officers * * * Sec. 1. 32 V.S.A. § 1003(a) is amended to read: (a) Each elective officer of the executive department is entitled to an annual salary as follows: Annual Annual Salary Salary as of as of July 13, July 11, 2003 2004 Governor $127,456 $133,166 Lieutenant Governor 54,103 56,527 Secretary of State 80,818 84,439 State Treasurer 80,818 84,439 Auditor of Accounts 80,818 84,439 Attorney General 96,752 101,086 * * * Executive Agency, Department, and Division Heads * * * Sec. 2. 32 V.S.A. § 1003(b) is amended to read:

JOURNAL OF THE HOUSE 213 (b) The governor may appoint each officer of the executive branch listed in this subsection at a starting salary ranging from the base salary stated for that position to a salary which does not exceed the maximum salary unless otherwise authorized by this subsection. The maximum salary for each appointive officer shall be 50 percent above the base salary. Annually, the governor may grant to each of those officers an annual salary adjustment subject to the maximum salary. The annual salary adjustment granted to officers under this subsection shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect. In addition to the annual salary adjustment specified in this subsection, the governor may grant a special salary increase subject to the maximum salary, or a bonus, to any officer listed in this subsection whose job duties have significantly increased, or whose contributions to the state in the preceding year are deemed especially significant. Special salary increases or bonuses granted to any individual shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect. (1) Heads of the following departments, offices, and agencies: Base Base Salary as Salary as of July 13, of July 11, 2003 2004 (A) Administration $77,072 $80,525 (B) Aging and disabilities 65,358 68,286 (C) Agriculture, food and markets 65,358 80,525 (D) Banking, insurance, securities, and health care administration 72,052 75,280 (E) Buildings and general services 72,052 75,280 (F) Commerce and community development 77,072 80,525 (G) Corrections 72,052 75,280 (H) Defender general 65,358 68,286 (I) Developmental and mental health services 72,052 75,280 (J) Economic development 65,358 68,286 (K) Education 72,052 75,280 214 WEDNESDAY, MAY 19, 2004 (L) Employment and training 72,052 75,280 (M) Environmental board chairperson 65,358 68,286 (N) Environmental conservation 72,052 75,280 (O) Finance and management 72,052 75,280 (P) Fish and wildlife 65,358 68,286 (Q) Forests, parks and recreation 65,358 68,286 (R) Health 72,052 75,280 (S) Housing and community affairs 65,358 68,286 (T) Human services 77,072 80,525 (U) Information and innovation 75,280 (V) Labor and industry 65,358 68,286 (V)(W) Libraries 65,358 68,286 (W)(X) Liquor control 65,358 68,286 (X)(Y) Lottery 65,358 68,286 (Y)(Z) Military 65,358 68,286 (Z)(AA) Motor vehicles 65,358 68,286 (AA)(BB) Natural resources 77,072 80,525 (BB)(CC) Personnel 65,358 75,280 (CC)(DD) Prevention, assistance, transition, and health access 72,052 75,280 (DD)(EE) Public safety 72,052 75,280 (EE)(FF) Public service 72,052 75,280 (FF)(GG) Social and rehabilitation services 72,052 75,280 (GG)(HH) Taxes 65,358 75,280 (HH)(II) Tourism and marketing 65,358 68,286 (II)(JJ) Transportation 77,072 80,525 (JJ)(KK) Veterans’ home 65,358 68,286

JOURNAL OF THE HOUSE 215 (2) Directors of the following divisions, offices, and boards: The secretary of administration may include the following positions in any pay plans which may be established under the authority of section subsection 1020(c) of this title, provided the minimum hiring rate does not fall below that in this section. Base Salary Base Salary as of July 13, as of July 11, 2003 2004 (A) Child support $55,409 $57,891 (B) Economic opportunity 55,409 57,891 (C) Professional regulation 55,409 57,891 (3) If the chairperson of the environmental board is employed on less than a full-time basis, the hiring and salary maximums for that position shall be reduced proportionately. (4) When a permanent employee is appointed to an exempt position, the governor may authorize such employee to retain the present salary even though it is in excess of any salary maximum provided in statute. * * * Judicial Branch * * * Sec. 3. 32 V.S.A. § 1003(c) is amended to read: (c) The annual salaries of the officers of the judicial branch named below shall be as follows: Annual Salary Annual Salary as of July 13, as of 2003 July 11, 2004 (1) Chief justice of supreme court $115,016 $120,169 (2) Each associate justice 109,771 114,689 (3) Administrative judge 109,771 114,689 (4) Each superior judge 104,355 109,030 (5) Each district judge 104,355 109,030 (6) Each magistrate 78,682 82,207 (7) Each judicial bureau hearing officer 78,682 82,207 216 WEDNESDAY, MAY 19, 2004 * * * Legislative Branch * * * Sec. 4. 32 V.S.A. § 1053a is amended to read: § 1053a. LEGISLATIVE PAGES Legislative pages shall be entitled to a weekly compensation of $110.00 effective July 1, 2001 and $115.00 effective July 4, 2002, and a weekly expense allowance of $60.00 for those who commute and $95.00 for those who rent a room in the Montpelier area. Pages will be paid in the same manner as members of the general assembly. Sec. 5. 32 V.S.A. § 1052 is amended to read: § 1052. MEMBERS OF THE GENERAL ASSEMBLY (a) Each member of the general assembly, other than the speaker and the president pro tempore of the senate, is entitled to a weekly salary of $536.00 $589.00 for the 1999 2005 biennial session and thereafter. The salary of members shall be paid in biweekly installments. During a special session, a member is entitled to $105.00 $118.00 a day for each day of a special session which is called at any time following the 1999 2005 biennial session for each day on which the house of which he or she is a member shall sit. (b) During any session of the general assembly, each member is entitled to receive expenses as follows: (1) If the member rents a room in Montpelier or the vicinity, the cost of one round trip each week between Montpelier and the member's home at the rate per mile provided state employees and $50.00 for room and $37.00 for meals during the 1989 biennial session and $50.00 for room and $37.00 for meals during the 1989 adjourned session and thereafter, for each day the house in which the member serves shall sit. (2) If the member does not rent a room in Montpelier or the vicinity, the cost of one round trip per diem between Montpelier and the member's home at the rate per mile provided state employees and $32.00 for meals during the 1989 biennial session, and $32.00 for meals during the 1989 adjourned session and thereafter, for each day the house in which the member serves shall sit. (1) Mileage reimbursement. An allowance equal to the cost of one round - trip each day between Montpelier and the member’s home for each day of session in which the member did not rent lodging in Montpelier or the vicinity. If a member rents lodging in Montpelier or vicinity for an entire week of session, the member is entitled to an allowance for the cost of one round - trip for that week between Montpelier and the member’s home. The allowance

JOURNAL OF THE HOUSE 217 shall be at the rate per mile determined by the federal Office of Government- wide Policy and published in the Federal Register for the year of the session. (2) Meals and lodging allowance. An allowance in an amount equal to the daily amount for meals and lodging determined for Montpelier, Vermont, by the federal Office of Government-wide Policy and published in the Federal Register for the year of the session, for each day the house in which the member serves shall sit. (3) If a member is absent for reasons other than sickness or legislative business for one or more entire days while the house in which the member sits is in session, the member shall notify the legislative council staff of that absence, and expenses received shall not include the amount which the legislator specifies was not incurred during the period of that absence. * * * Sec. 6. 32 V.S.A. § 1051 is amended to read: § 1051. SPEAKER OF THE HOUSE; PRESIDENT PRO TEMPORE (a) The speaker of the house and the president pro tempore of the senate shall receive annual compensation of $9,172.00 $10,080.00 for the 1999 2005 biennial session and thereafter to be paid in biweekly payments. In addition to the annual compensation, the speaker and president pro tempore shall receive: (1) $593.00 $652.00 a week for the 1999 2005 biennial session and thereafter, to be paid in biweekly payments during the regular and adjourned sessions of the general assembly; (2) $118.00 $130.00 a day during a special session of the general assembly which is called at any time following the 1999 2005 biennial session; and (3) meals and rooms expenses as provided to members of the general assembly under subsection 1052(b) of this title during the regular biennial, adjourned, and special sessions of the general assembly and in addition such other actual and necessary expenses incurred while engaged in duties imposed by law. (b) If the speaker of the house succeeds to the governorship he or she shall receive the salary and allowances of the governor. (c) The president pro tempore of the senate shall receive: (1) $593.00 a week for the 1999 biennial session and thereafter, to be paid in biweekly payments and expenses as provided to members of the 218 WEDNESDAY, MAY 19, 2004 general assembly under subsection (b) of section 1052 of this title during the regular and adjourned sessions of the general assembly; (2) $118.00 a day and expenses as provided to members of the general assembly under subsection (b) of section 1052 during a special session which is called at any time following the 1999 biennial session; and (3) $118.00 a day for any day following the 1999 biennial session and actual and necessary expenses while engaged in duties imposed by law while the general assembly is not in session. Sec. 7. 2 V.S.A. § 63(a) is amended to read: (a) The base salary for the sergeant at arms shall be $36,245.61 as of July 13, 2003 $37,869.00 as of July 11, 2004. * * * Assistant Judges * * * Sec. 8. 32 V.S.A. § 1141(a) is amended to read: (a) Each assistant judge of the superior court shall receive $120.64 a day as of July 13, 2003 compensation at the daily rate of $126.04 a day as of July 11, 2004 for time spent in the performance of official duties and necessary expenses as allowed to classified state employees. * * * Probate Judges * * * Sec. 9. 32 V.S.A. § 1142(a) is amended to read: (a) The annual salaries of the judges of probate in the several probate districts, which shall be paid by the state in lieu of all fees or other compensation, shall be as follows: Annual Salary Annual Salary as of as of July 13, 2003 July 11, 2004 (1) Addison $50,384 $52,641 (2) Bennington 43,791 45,753 (3) Caledonia 50,384 52,641 (4) Chittenden 77,630 81,108 (5) Essex 24,505 25,603 (6) Fair Haven 37,025 38,684 (7) Franklin 50,384 52,641 (8) Grand Isle 24,505 25,603

JOURNAL OF THE HOUSE 219 (9) Hartford 50,384 52,641 (10) Lamoille 37,025 38,684 (11) Manchester 37,025 38,684 (12) Marlboro 43,791 45,753 (13) Orange 43,791 45,753 (14) Orleans 43,791 45,753 (15) Rutland 64,429 67,315 (16) Washington 64,429 67,315 (17) Westminster 37,025 38,684 (18) Windsor 43,791 45,753 * * * County Clerks * * * Sec. 10. 32 V.S.A. § 1181 is amended to read: § 1181. COUNTY CLERKS The annual salaries of the county clerks in the respective counties which shall be paid by the state in lieu of all fees or other compensation paid by the state, shall be as follows: Annual Salary Annual Salary as of as of July 13, 2003 July 11, 2004 (1) Addison County $54,890 $57,349 (2) Bennington County 54,890 57,349 (3) Caledonia County 54,890 57,349 (4) Chittenden County 66,409 69,384 (5) Essex County 29,828 31,164 (6) Franklin County 54,890 57,349 (7) Grand Isle County 29,828 31,164 (8) Lamoille County 54,890 57,349 (9) Orange County 54,890 57,349 (10) Orleans County 54,890 57,349 (11) Rutland County 61,084 63,821 220 WEDNESDAY, MAY 19, 2004 (12) Washington County 61,084 63,821 (13) Windham County 54,890 57,349 (14) Windsor County 58,211 60,819 * * * Sheriffs * * * Sec. 11. 32 V.S.A. § 1182(a) is amended to read: (a) The annual salaries of the sheriffs of all counties except Chittenden shall be $55,896 as of July 13, 2003 $58,400.00 as of July 11, 2004. The annual salary of the sheriff of Chittenden County shall be $59,152 as of July 13, 2003 $61,802.00 as of July 11, 2004. * * * State’s Attorneys * * * Sec. 12. 32 V.S.A. § 1183(a) is amended to read: (a) The annual salaries of state’s attorneys shall be: Annual Salary Annual Salary as of as of July 13, 2003 July 11, 2004 (1) Addison County $75,607 $78,994 (2) Bennington County 75,607 78,994 (3) Caledonia County 75,607 78,994 (4) Chittenden County 79,046 82,587 (5) Essex County 56,706 59,246 (6) Franklin County 75,607 78,994 (7) Grand Isle County 56,706 59,246 (8) Lamoille County 75,607 78,994 (9) Orange County 75,607 78,994 (10) Orleans County 75,607 78,994 (11) Rutland County 75,607 78,994 (12) Washington County 75,607 78,994 (13) Windham County 75,607 78,994 (14) Windsor County 75,607 78,994 * * * Miscellaneous * * * Sec. 13. 3 V.S.A. § 479(a) is amended to read:

JOURNAL OF THE HOUSE 221 (a) As provided under section 631 of this title, a member who is insured by the respective group insurance plans immediately preceding his the member’s effective date of retirement shall be entitled to continuation of group insurance as follows: (1) coverage in the group medical benefit plan provided by the state of Vermont for active state employees; and (2) members who have completed 20 years of creditable service at their effective date of retirement shall be entitled to the continuation of life insurance in the amount of $3,000.00 $5,000.00. Sec. 14. 3 V.S.A. § 631 is amended to read: § 631. GROUP INSURANCE FOR STATE EMPLOYEES; SALARY DEDUCTIONS FOR INSURANCE, SAVINGS PLANS, AND CREDIT UNIONS (a)(1) The secretary of administration may contract on behalf of the state with any insurance company or nonprofit association doing business in this state to secure the benefits of franchise or group insurance. Beginning July 1, 1978, the terms of coverage under the policy shall be determined under section 904 of this title, but it may include: (A) life, disability, health, and accident insurance and benefits for any class or classes of state employees; and (B) hospital, surgical, and medical benefits for any class or classes of state employees or for those employees and any class or classes of their dependents. (2)(A) The term “employees” as used in this section shall include among others any class or classes of elected or appointed officials, but it shall not include members of the general assembly as such, nor shall it include any person rendering service on a retainer or fee basis, members of boards or commissions, or persons other than employees of the Vermont historical society, the Vermont film corporation, the Vermont state employees’ credit union, Vermont state employees’ association, and the Vermont council on the arts, whose compensation for service is not paid from the state treasury, nor shall it include any elected or appointed official unless the official is actively engaged in and devoting substantially full time to the conduct of the business of his or her public office. For purposes of group life and group hospital-surgical-medical expense insurance, the term “employees” shall include employees as defined herein and employees who are retired and are receiving a retirement allowance from the Vermont employees’ state retirement system or the Vermont state police and motor vehicle inspectors’ 222 WEDNESDAY, MAY 19, 2004 retirement system or the state teachers’ retirement system of Vermont and, for the purposes of group life insurance only, are retired on or after July 1, 1961, and have completed 20 creditable years of service with the state before their retirement dates and are insured for group life insurance on their retirement dates. For purposes of group hospital-surgical-medical expense insurance only, the term “employees” shall include employees as defined in this subdivision and employees who are receiving a retirement allowance based upon their employment with the Vermont state employees’ association, the Vermont state employees’ credit union, the Vermont council on the arts, as long as they are covered as active employees on their retirement date, and: (i) they have at least 20 years of service with that employer; or (ii) have attained 62 years of age, and have at least 15 years service with that employer. (B) The premiums for extending insurance coverage to employees shall be paid in full by the Vermont historical society, the Vermont film corporation, the Vermont state employees’ association, the Vermont state employees’ credit union, the Vermont council on the arts, or their respective retirees. Nothing herein creates a legal obligation on the part of the state of Vermont to pay any portion of the premiums required to extend insurance coverage to this group of employees. * * * (6) The state treasurer and commissioner of personnel, with the approval of the governor, shall deduct from a state employee’s compensation such amounts for group insurance or assessments for benefits for dependents as defined in subdivision (3) of this subsection when so requested by the employee and shall pay apply the same forthwith to the insurance company or association cost of such benefits. * * * Sec. 15. REDESIGNATION OF THE DEPARTMENT OF PERSONNEL AS THE DEPARTMENT OF HUMAN RESOURCES (a) Notwithstanding any other provision of this act and any other provision of law, the term “department of personnel” is amended to read “department of human resources” wherever such term appears in this act or in the Vermont Statutes Annotated. The term “commissioner of personnel” is amended to read “commissioner of human resources” wherever such term appears in this act or in the Vermont Statutes Annotated. In implementing the redesignations authorized by this section, the commissioner of human resources shall create and carry out a plan for the purpose of ensuring that all related modifications to

JOURNAL OF THE HOUSE 223 equipment, documents, and supplies bearing the name of the department shall be done in a manner that minimizes cost and maximizes use of current inventories of consumable supplies. Sec. 16. EFFECTIVE DATES (a) Secs. 1, 2, 3, 8, 9, 10, 11 and 12 of this act, relating to compensation of statewide elected officers, executive agency heads, the judiciary, and county- based elected officials, shall take effect July 11, 2004. (b) Secs. 4, 5 and 6 of this act, relating to the legislature, shall take effect January 1, 2005; and Secs. 7 of this act, relating to the Sergeant at Arms, shall take effect July 11, 2004. (c) Secs. 13, 14, and 15 of this act, relating to miscellaneous provisions, and this section shall take effect July 1, 2004. WILLIAM T. DOYLE JAMES C. CONDOS RICHARD W. SEARS Committee on the part of the Senate KENNETH W. ATKINS DARYL L. PILLSBURY LEIGH B. LAROCQUE Committee on the part of the House Pending the question, Shall the House adopt the Committee of Conference report? Rep. Webster of Randolph demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House adopt the Committee of Conference report? was decided in the affirmative. Yeas, 91. Nays, 46. Those who voted in the affirmative are: Amidon of Charlotte Connell of Warren Errecart of Shelburne Anderson of Woodstock Corcoran of Bennington Fallar of Tinmouth Aswad of Burlington Crawford of Burke Fisher of Lincoln Atkins of Winooski Cross of Winooski Flory of Pittsford Audette of South Burlington Crowley of West Rutland French of Randolph Baker of West Rutland Dakin of Colchester Head of South Burlington Bartlett of Dover Darrow of Dummerston Heath of Westford Bohi of Hartford Deen of Westminster Houston of Ferrisburgh Bolduc of Barton Donaghy of Poultney Howrigan of Fairfield Botzow of Pownal Donovan of Burlington Hummel of Underhill Brooks of Montpelier Dostis of Waterbury Jewett of Ripton Chen of Mendon Edwards of Brattleboro Johnson of South Hero Clark of Vergennes Emmons of Springfield Kainen of Hartford 224 WEDNESDAY, MAY 19, 2004 Keenan of St. Albans City Milkey of Brattleboro Shand of Weathersfield Kennedy of Chelsea Molloy of Arlington Sharpe of Bristol Kenyon of Bradford Monti of Barre City Shouldice of Calais Keogh of Burlington Myers of Essex Smith of New Haven Kilmartin of Newport City Nease of Johnson Smith of Morristown Kitzmiller of Montpelier Nitka of Ludlow Starr of Troy Klein of East Montpelier Nuovo of Middlebury Sweaney of Windsor Krawczyk, A. of Bennington Obuchowski of Rockingham Sweetser of Essex Larocque of Barnet O’Donnell of Vernon Symington of Jericho Larson of Burlington Partridge of Windham Towne of Berlin Lippert of Hinesburg Peterson of Williston Tracy of Burlington Livingston of Manchester Pillsbury of Brattleboro Trombley of Grand Isle Maier of Middlebury Pugh of South Burlington Valliere of Barre City Marek of Newfane Rodgers of Glover Vincent of Waterbury Martin of Springfield Rusten of Halifax Westman of Cambridge Masland of Thetford Schiavone of Shelburne Winters of Swanton Mazur of South Burlington Seibert of Norwich McCullough of Williston Severance of Colchester Those who voted in the negative are: Adams of Hartland Helm of Castleton Peaslee of Guildhall Allard of St. Albans Town Hingtgen of Burlington Perry of Richford Bailey of Hyde Park Hube of Londonderry Robinson of Richmond Bostic of St. Johnsbury Hudson of Lyndon Rogers of Castleton Branagan of Georgia Ketchum of Bethel Shaw of Derby Brennan of Colchester Kirker of Essex Sheltra of Derby Brown of Walden Kiss of Burlington Sunderland of Rutland Town Carey of Chester Krawczyk, J. of Bennington Sweeney of Colchester Clark of St. Johnsbury LaVoie of Swanton Webster of Randolph Donahue of Northfield McAllister of Highgate Winters of Williamstown Duffy of Rutland City McLaughlin of Royalton Wood of Brandon Dunsmore of Georgia Miller of Shaftsbury Wright of Burlington Endres of Milton Miller of Elmore Young of Orwell Gray of Barre Town Morrissey of Bennington Zuckerman of Burlington Haas of Rutland City Otterman of Topsham Hall of Newport City Parent of St. Albans City Those members absent with leave of the House and not voting are: Allaire of Rutland City Hunt of Essex Marron of Stowe DePoy of Rutland City Johnson of Canaan Metzger of Milton Gervais of Enosburg Koch of Barre Town Reese of Pomfret Grad of Moretown Larrabee of Danville Waite of Pawlet

Rep. Gray of Barre Town explained his vote as follows: “Mr. Speaker:

JOURNAL OF THE HOUSE 225 I believe the members of this body should get a raise but I don’t believe the President pro tem of the Senate has nearly the duties or responsibilities of the Speaker of the House.” Rep. Kennedy of Chelsea explained her vote as follows: “Mr. Speaker: I have great misgivings on raising the President pro temps salary to match the House Speaker’s salary. As a member of the House Government Operations committee, I know the work that has gone into condensing all parts of the bill to what it is today. Therefore, in spite of my disagreement with that one section of the bill, I voted yes to pass the report of the Committee of Conference.” Rep. Miller of Elmore explained his vote as follows: “Mr. Speaker: I voted against the minimum wage last year for our most vulnerable, so I must say no to these raises.” Report of Committee of Conference Adopted H. 528 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled An act relating to probation and pretrial detention; Respectfully reports that it has met and considered the same and recommends that the House accede to the Senate proposals of amendment and that the bill be further amended by striking Sec. 5 in its entirety and renumbering Sec. 6 to be Sec. 5. COMMITTEE ON THE PART COMMITTEE ON THE PART OF THE SENATE OF THE HOUSE Sen. Richard W. Sears, Jr. Rep. Margaret K. Flory Sen. John F. Campbell Rep. Michael R. Kainen Sen. Diane B. Snelling Rep. Richard J. Marek Which was considered and adopted on the part of the House. 226 WEDNESDAY, MAY 19, 2004 Report of Committee of Conference Adopted H. 547 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled An act relating to the confidentiality and noncommercial distribution of certain tax records and data; Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be further amended by adding a Sec. 6 to read as follows: Sec. 6. SUNSET This act shall expire on June 30, 2005, and sections of the Vermont Statutes Annotated which are amended by this act shall revert to the language in effect prior to the effective date of this act. Kevin Mullin Jeanette White William Doyle Committee on the part of the Senate David Deen Lynn Bohi Joyce Sweeney Committee on the part of the House Which was considered and adopted on the part of the House. Report of Committee of Conference Adopted H. 79 The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled

JOURNAL OF THE HOUSE 227 An act relating to establishing an evidentiary privilege to prohibit the disclosure of communications made to interpreters by hearing impaired persons; Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 1 V.S.A. § 339 is added to read: § 339. COMMUNICATIONS MADE TO INTERPRETERS; PROHIBITION ON DISCLOSURE (a) An interpreter, whether or not the interpreter is a qualified interpreter, shall not disclose or testify to: (1) a communication made by a person to an interpreter acting in his or her capacity as an interpreter for a hearing impaired person; or (2) any information obtained by the interpreter as a result of serving as an interpreter for a hearing impaired person. (b) There is no prohibition on disclosure under this section if the services of the interpreter were sought or obtained to enable or aid anyone to commit or plan to commit what the hearing impaired person knew or reasonably should have known to be a crime or fraud. (c) This section shall not be construed to limit or expand the effect of section 334 of this title. Sec. 2. STUDY COMMITTEE (a) A committee is established to study the efficacy of including communications made by persons who are limited English proficient and require a foreign language interpreter within the prohibition on disclosures established by section 339 of Title 1. (b) The committee shall consist of the following members: (1) A member appointed by the Vermont refugee resettlement program. (2) The defender general or his or her designee. (3) A member appointed by the Vermont center for crime victims services. (4) A member appointed by the Vermont network against domestic violence and sexual assault. 228 WEDNESDAY, MAY 19, 2004 (5) The executive director of the Vermont human rights commission, or his or her designee. (6) A member appointed by Vermont Legal Aid. (7) The attorney general, or his or her designee. (8) A member appointed by the Vermont coalition for disability rights. (9) Two foreign language interpreters appointed by the Vermont refugee resettlement program. (10) The executive director of the department of state’s attorneys and sheriffs or his or her designee. (c) The committee may elect a chair and a vice chair and may hold public hearings. (d) All members of the committee shall serve on the committee for the duration of the study unless circumstances dictate a permanent replacement. Vacancies shall be appointed in the same manner as original appointments. (e) The committee shall report its findings and recommendations to the general assembly and the governor no later than January 15, 2005, whereupon it shall cease to exist. The report shall include: (1) a recommendation as to whether communications made by persons who are not hearing impaired but who are limited English proficient and require a foreign language interpreter should be included within the scope of the prohibition on disclosures established by section 339 of Title 1; (2) a definition of the term “limited English proficient”; and (3) any suggested legislative changes. And that the bill be renamed to be AN ACT RELATING TO PROHIBITING THE DISCLOSURE OF COMMUNICATIONS MADE TO INTERPRETERS FOR HEARING IMPAIRED PERSONS Robert Kiss Margaret Flory Rep. Avis L. Gervais did not sign Committee on the part of the House John H. Bloomer John H. Campbell Donald E. Collins Committee on the part of the Senate Which was considered and adopted on the part of the House.

JOURNAL OF THE HOUSE 229 Message from the Senate No. 68 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Mr. Speaker: I am directed to inform the House that the Senate has considered House proposal of amendment to Senate bill of the following title: S. 76. An act relating to the medical use of marijuana. And has concurred therein. The Senate has considered a bill originating in the House of the following title: H. 754. An act relating to the creation of a fire safety division within the department of public safety. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. The Senate has considered House proposal of amendment to Senate proposal of amendment to House bill of the following title: H. 752. An act relating to advance directives for health care. And has concurred therein. The Senate has considered a joint resolution originating in the House of the following title: J.R.H. 76. Joint resolution urging the federal government not to reduce funding for federal housing support programs nor convert the Section 8 housing voucher program into a block grant. And has adopted the same in concurrence. The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles: H. 632. An act relating to workers’ compensation. H. 778. An act relating to miscellaneous agricultural subjects. And has accepted and adopted the same on its part. The President announced a change by the Committee on Committees in the members on their part of the Senate of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: 230 WEDNESDAY, MAY 19, 2004 H. 35. An act relating to child support, custody and visitation. Senator Sears Senator Mayo Senator White Pursuant to the request of the House for a Committee of Conference on the disagreeing votes of the two Houses on House bill entitled: H. 272. An act relating to nutrition policy in Vermont schools. The President announced the appointment as members of such Committee on the part of the Senate: Senator Collins Senator Maynard Senator Mullin Resolution Messaged to Senate Forthwith On motion of Rep. Symington of Jericho, the rules were suspended and the resolution was ordered messaged to the Senate forthwith. J.R.H. 72 Joint resolution, entitled Joint resolution proposing establishment of a model outdoor lighting policy; Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith On motion of Rep. Symington of Jericho, the rules were suspended and action on the bills were ordered messaged to the Senate forthwith and the bills delivered to the Governor forthwith. H. 79 House bill, entitled An act relating to establishing an evidentiary privilege to prohibit the disclosure of communications made to interpreters by hearing impaired persons; H. 199 House bill, entitled An act relating to photographs on driver licenses and learner permits;

JOURNAL OF THE HOUSE 231 H. 482 House bill, entitled An act relating to compensation for certain state employees; H. 528 House bill, entitled An act relating to probation and pretrial detention; H. 547 House bill, entitled An act relating to the confidentiality and noncommercial distribution of certain tax records and data; Recess At eleven o’clock and forty-five minutes in the forenoon, the Speaker declared a recess until one o’clock and fifteen minutes in the afternoon. Afternoon At one o’clock and fifteen minutes in the afternoon, the Speaker called the House to order. Consideration Resumed; Bill Read Third Time and Passed in Concurrence with Proposal of Amendment S. 249 Consideration resumed on Senate bill, entitled An act relating to facilitating the use of wastewater disposal systems located in clay soils and near ledges; Was taken up. Thereupon, Rep. Jewett of Ripton asked and was granted leave of the House to withdraw his recommendation of proposal of amendment and the bill was read the third time and passed in concurrence with proposal of amendment. Rules Suspended; Senate Proposal of Amendment Concurred in H. 754 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled 232 WEDNESDAY, MAY 19, 2004 An act relating to the creation of a fire safety division within the department of public safety; Was taken up for immediate consideration. The Senate proposes to the House to amend the bill as follows: First: In Sec. 11, in the second sentence, by striking out “$70,000” and inserting in lieu thereof $93,000 Second: In Sec. 11, in the last sentence, by striking out “October 1, 2004” and inserting in lieu thereof July 1, 2004 Third: In Sec. 14, subsection (a), by striking out the second sentence and inserting in lieu thereof a new second sentence to read as follows: The task force shall solicit input from local officials, fire safety officials, firefighters, the community of regulated contractors, real estate developers, building owners, the access community, the bed and breakfast and lodging community, community development officials, downtown organizations, historic preservation interests, the petroleum industry, the propane industry, the natural gas utility, the boiler industry, the plumbing industry, the affordable housing community, and any other person the task force deems appropriate. Fourth: In Sec. 14, subsection (a), by striking out subdivision (4) in its entirety and inserting in lieu thereof a new subdivision (4) to read as follows: (4) a representative of the Vermont league of cities and towns; Fifth: In Sec. 14, subsection (a), at the end of the subsection, by adding a new subdivision to read as follows: (16) a representative of the plumbing and heating industry. Sixth: In Sec. 15 (Effective Date) in subdivision (2), by striking out “October 1, 2004” and inserting in lieu thereof July 1, 2004 Which proposal of amendment was considered and concurred in. Rules Suspended; Report of Committee of Conference Adopted H. 778 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to miscellaneous agricultural subjects; Was taken up for immediate consideration. The Speaker placed before the House the following Committee of Conference report:

JOURNAL OF THE HOUSE 233 To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill, respectfully reports that it has met and considered the same and recommends that the House accede to the Senate proposal of amendment, and that it be further amended by striking Secs. 1 and 4 and inserting in lieu thereof 12 new Secs. to read as follows: * * * Animal Waste Management; Facility Siting * * * Sec. 1. 6 V.S.A. chapter 215 is redesignated to read: CHAPTER 215. AGRICULTURAL NON-POINT SOURCES POLLUTION REDUCTION PROGRAM WATER QUALITY Sec. 2. 6 V.S.A. chapter 215, subchapter 1 is added to read: Subchapter 1. General Provisions § 4801. PURPOSE ; STATE POLICY It is the purpose of this chapter to ensure that agricultural animal wastes do not enter the waters of this state. Therefore, it is state policy that: (1) All farms meet certain standards in the handling and disposal of animal wastes, as provided by this chapter and the cost of meeting these standards shall not be borne by farmers only, but rather by all members of society, who are in fact the beneficiaries. Accordingly, state and federal funds shall be made available to farms, regardless of size, to defray the major cost of complying with the animal waste requirements of this chapter. State and federal conservation programs to assist farmers should be directed to those farms that need to improve their infrastructure to prohibit direct discharges or bring existing water pollution control structures into compliance with United States Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service standards. Additional resources should be directed to education and technical assistance for farmers to improve the management of agricultural wastes and protect water quality. (2) Officials who administer the provisions of this chapter: (A) educate farmers and other affected citizens on requirements of this chapter through an outreach collaboration with farm associations and other community groups; and (B) in the process of rendering official decisions, afford farmers and other affected citizens an opportunity to be heard and give consideration to all interests expressed. § 4802. DEFINITION 234 WEDNESDAY, MAY 19, 2004 For purposes of this chapter, the word “secretary,” when used by itself, means the secretary of agriculture, food and markets. Sec. 3. 6 V.S.A. chapter 215, subchapter 1 is redesignated to read: Subchapter 1. Program Policy and Implementation 2. Water Quality; Accepted Agricultural Practices and Best Management Practices Sec. 4. 6 V.S.A. § 4810 is amended to read: § 4810. AUTHORITY; COOPERATION; COORDINATION (a) Agricultural land use practices. In accordance with 10 V.S.A. § 1259(i) and to implement and enforce accepted agricultural practices as defined under 10 V.S.A. § 1259(f), the secretary of agriculture, food and markets shall develop adopt by rule, pursuant to chapter 25 of Title 3, and shall implement and enforce agricultural land use practices in order to reduce the amount of agricultural pollutants entering the waters of the state. These agricultural land use practices shall be created in two categories, pursuant to subdivisions (1) and (2) of this subsection. (1) One category shall consist of accepted agricultural practices as defined under subsection 1259(f) of Title 10. These practices “Accepted Agricultural Practices” (AAPs) shall be standards to be followed in the conducting of farming agricultural activities in this state. These standards shall address activities which have a potential for causing pollutants to enter the waters of this state, including dairy and other livestock operations plus all forms of crop and nursery operations. The AAPs shall include practices for farmers in preventing pollutants from entering the waters of the state when engaged in, but not limited to, animal waste management and disposal, soil amendment applications, plant fertilization, and pest and weed control. Persons engaged in farming, as defined in 10 V.S.A. § 6001 section 6001 of Title 10, who follow these practices shall be presumed to be in compliance with water quality standards. AAPs shall be practical and cost effective to implement. (2) The second category of agricultural land use practices shall consist of best management practices, which “Best Management Practices” (BMPs) may be required by the secretary of agriculture, food and markets on a case by case basis. Before requiring best management practices BMPs, the secretary of agriculture, food and markets shall determine that sufficient financial assistance is available to assist farmers in achieving compliance with applicable best management practices BMPs. Both categories of agricultural land use practices BMPs shall be practical and cost effective to implement. * * *

JOURNAL OF THE HOUSE 235 Sec. 5. 6 V.S.A. § 4851(a) and (b) are amended to read: (a) No person shall, without a permit from the secretary, construct a new barn, or expand an existing barn, designed to house more than 950 animal units of horses, cattle and sheep, or 2,375 swine each weighing over 25 kilograms, or 95,000 laying-hens or broilers (if the facility has a continual flow water system), or 28,500 laying-hens or broilers (if the facility has a liquid manure system), or 4,750 ducks, or 52,250 turkeys. 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks without a liquid manure handling system. No permit shall be required to replace an existing barn in use for livestock or domestic fowl production at its existing capacity. (b) A person shall apply for a permit in order to operate a farm which exceeds 950 animal units of horses, cattle and sheep, or 2,375 swine each weighing over 25 kilograms, or 95,000 laying-hens or broilers (if the facility has a continual flow water system), or 28,500 laying-hens or broilers (if the facility has a liquid manure system), or 4,750 ducks, or 52,250 turkeys 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers with a liquid manure handling system, 82,000 laying hens without a liquid manure handling system, 125,000 chickens other than laying hens without a liquid manure handling system, 5,000 ducks with a liquid manure handling system, or 30,000 ducks if the livestock or domestic fowl are in a barn or adjacent barns owned by the same person, or if the barns share a common border or have a common waste disposal system. In order to receive this permit, the person shall demonstrate to the secretary that the farm has an adequately sized manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with accepted agricultural practices adopted under this chapter. Sec. 6. 6 V.S.A. chapter 215, subchapter 2 is redesignated to read: Subchapter 2. 3. Water Quality; Financial and Technical Assistance Sec. 7. 6 V.S.A. chapter 215, subchapter 3 is redesignated to read: Subchapter 3. 4. Regulation of Large Farm Operations 236 WEDNESDAY, MAY 19, 2004 Sec. 8. 6 V.S.A. chapter 215, subchapter 5 is added to read: Subchapter 5. Regulation of Medium and Small Farm Operations § 4856. RECYCLING ANIMAL WASTE NUTRIENTS In order best to use the nutrients of animal waste generated by farms to which this subchapter applies, the agency of agriculture, food and markets, together with the department of public service, shall use available resources to inform operators of such farms of appropriate methods and resources available to digest and compost their animal wastes and to capture methane for beneficial uses. § 4857. DEFINITIONS For purposes of this subchapter: (1) “Animal feeding operation” (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 - month period, and crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility. Two or more individual farms qualifying as an AFO which are under common ownership and which adjoin each other or use a common area or system for the disposal of waste, shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined in subdivision (2) of this section. (2) “Medium farm” is an AFO which houses 200 to 699 mature dairy animals, 300 to 999 cattle or cow/calf pairs, 300 to 999 veal calves, 750 to 2,499 swine weighing over 55 pounds, 3,000 to 9,999 swine weighing less than 55 pounds, 150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system, 1,500 to 4,999 ducks with a liquid manure handling system or 10,000 to 29,999 ducks without a liquid manure handling system. (3) “Small farm” is an AFO which houses no more than 199 mature dairy animals, 299 cattle or cow/calf pairs, 299 veal calves, 749 swine weighing over 55 pounds, 2,999 swine weighing less than 55 pounds, 149 horses, 2,999 sheep or lambs, 16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling system, 24,999 laying hens without a liquid manure handling system, 37,499 chickens other than laying hens without a liquid manure handling system, 1,499 ducks with a liquid manure handling system or 9,999 ducks without a liquid manure handling system.

JOURNAL OF THE HOUSE 237 (4) “Domestic fowl” means laying hens, broilers, ducks, and turkeys. (5) “Livestock” means cattle, swine, sheep, and horses. § 4858. ANIMAL WASTE PERMITS (a) No person shall operate a medium farm without authorization from the secretary pursuant to this section. Under exceptional conditions, specified in subsection (e) of this section, authorization from the secretary may be required to operate a small farm. (b) Rules; general and individual permits. The secretary shall establish by rule, pursuant to chapter 25 of Title 3, requirements for a “general permit” and “individual permit” to ensure that medium and small farms generating animal waste comply with the water quality standards of the state. (1) “General” and “individual” permits issued under this section shall be consistent with rules adopted under this section, shall include terms and conditions appropriate to each farm size category and each farm animal type as defined by section 4857 of this title and shall meet standards at least as stringent as those established by the U.S. Environmental Protection Agency for concentrated animal feeding operations, as set forth in USEPA National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations; Final Rule, 68 Fed. Reg. 7176 (2004) (to be codified at 40 C.F.R. Parts 9, 122, 123, 68, and 412). Such standards shall address waste management, waste storage, development of nutrient management plans, carcass disposal and surface water and groundwater contamination, plus recordkeeping and reporting regarding such matters. (2) The rules adopted under this section shall also address permit administration, public notice and hearing, permit enforcement, permit transition, revocation, and appeals consistent with provisions of sections 4859, 4860, and 4861 of this title. (3) Each general permit issued pursuant to this section shall have a term of no more than five years. Prior to the expiration of each general permit, the secretary shall review the terms and conditions of the general permit and may issue subsequent general permits with the same or different conditions as necessary to carry out the purposes of this subchapter. Each general permit shall include provisions that require public notice of the fact that a medium farm has sought coverage under a general permit adopted pursuant to this section. Each general permit shall provide a process by which interested persons can obtain detailed information about the nature and extent of the activity proposed to receive coverage under the general permit. 238 WEDNESDAY, MAY 19, 2004 (c) Medium farm general permit. The owner or operator of a medium farm seeking coverage under a general permit adopted pursuant to this section shall certify to the secretary within a period specified in the permit, and in a manner specified by the secretary, that the medium farm does comply with permit requirements regarding an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with accepted agricultural practices adopted under this chapter. (d) Medium and small farms; individual permit. Upon determination by the secretary that a medium or small farm may be a significant contributor of pollutants to the waters of the state, the secretary may require the farm to obtain an individual permit in order to continue in operation. To receive such a permit, an applicant shall in a manner prescribed by rule demonstrate that the farm has an adequately sized and designed manure management system to accommodate the wastes generated and a nutrient management plan to dispose of wastes in accordance with accepted agricultural practices adopted under this chapter, including setback requirements for waste application. An individual permit shall be valid for no more than five years. § 4859. PUBLIC NOTICE AND HEARING The secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in C.F.R. Part 124 of Title 40. § 4860. REVOCATION; ENFORCEMENT (a) The secretary may revoke coverage under a general permit or an individual permit issued under this subchapter after following the same process prescribed by section 2705 of this title regarding the revocation of a handler’s license. The secretary may also seek enforcement remedies under sections 1, 11, 12, 13, 16, and 17 of this title as well as assess an administrative penalty under section 15 of this title from any person who fails to comply with any permit provision as required by this subchapter or who violates the terms or conditions of coverage under any general permit or any individual permit issued under this subchapter. However, notwithstanding provisions of section 15 of this title to the contrary, the maximum administrative penalty assessed for a violation of this subchapter shall not exceed $5,000.00 for each violation, and the maximum amount of any penalty assessed for separate and distinct violations of this chapter shall not exceed $50,000.00. (b) Any person who violates any provision of this subchapter or who fails to comply with any order or the terms of any permit issued in accordance with this subchapter shall be fined not more than $10,000.00 for each violation.

JOURNAL OF THE HOUSE 239 Each violation may be a separate offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate offense. (c) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by this subchapter or by any permit, rule, regulation, or order issued under this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained by this subchapter or by any permit, rule, regulation, or order issued under this subchapter shall upon conviction be punished by a fine of not more than $5,000.00 for each violation. Each violation may be a separate offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate offense. § 4861. APPEAL A person aggrieved by a permit decision of the secretary under this subchapter may seek de novo review by the environmental court within 30 days of the decision of the secretary. A person aggrieved by a final ruling of the secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the environmental court; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, “a person aggrieved” means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the secretary under this subchapter and the injury can be redressed by the environmental court or the supreme court. Sec. 9. RULEMAKING FOR MEDIUM AND SMALL FARM ANIMAL WASTE PERMITS Before filing under section 836 of Title 3, the secretary of agriculture, food and markets shall report to the general assembly a proposal for rules required by subsection 4853(b) of Title 6. The house and senate committees on agriculture shall review the proposed rules and recommend whether the rules shall be approved. Absent action by the general assembly, the secretary may file the proposed rules with the secretary of state after 30 legislative days from the day of the report. Sec. 10. COLLABORATION The secretary of natural resources administers in the state the national pollutant discharge elimination system (NPDES) program approved by the U.S. Environmental Protection Agency under the federal Clean Water Act. The secretary of natural resources, in consultation with the secretary of 240 WEDNESDAY, MAY 19, 2004 agriculture, food and markets, shall explore a collaborative approach necessary for administering a permit program, including the possibility of a general permitting program for large farms, meeting the requirements of the U.S. Environmental Protection Agency under the U.S. Clean Water Act for the NPDES permit program for concentrated animal feeding operations in Vermont. The secretary shall report to the house and senate committees on agriculture and on natural resources and energy by January 15, 2005. Sec. 11. 32 V.S.A. § 3752(15) is added to read: (15) “Active use” of agricultural land includes that portion of otherwise eligible land that is enrolled in a conservation reserve enhancement program for agricultural lands through a contract with the state or federal government. Sec. 14. EFFECTIVE DATES (a) This act shall take effect on passage, except Sec. 13 which shall take effect on October 2, 2004. (b) The requirement of subsection 4858(d) of Title 6 that a medium or small farm seek an individual permit as a significant contributor of pollution shall take effect upon the effective date of rules adopted by the secretary of agriculture, food and markets pursuant to subsection 4858(b). (c) The requirement of subsection 4858(c) of Title 6 that a medium farm seek coverage under a general permit shall take effect on February 13, 2006, or on the later effective date of: (1) rules adopted by the secretary of agriculture, food and markets pursuant to subsection 4858(b); or (2) resolution of any state or federal court proceeding delaying implementation of subsection 4858(c) or (d). and by renumbering the current Secs. 2 and 3 of the Senate Proposal of Amendment to be Secs. 12 and 13 COMMITTEE ON THE PART OF COMMITTEE ON THE PART OF THE SENATE THE HOUSE Sen. Sara Kittell Rep. Harvey Smith Sen. Peter Welch Rep. Robert Starr Sen. John Bloomer Rep. William Johnson Which was considered and adopted on the part of the House. Rules Suspended; Report of Committee of Conference Adopted H. 632

JOURNAL OF THE HOUSE 241 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to workers’ compensation; Was taken up for immediate consideration. The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the Senate recedes from its proposal and the bill be further amended by striking all after the enacting clause and inserting in lieu thereof the following: Sec. 1. WORKERS’ COMPENSATION ISSUES; ANALYSIS; LABOR AND INDUSTRY (a) The Department of Labor and Industry shall issue a report to the general assembly on or before February 1, 2005, in which the department analyzes the following: (1) Assuring workers’ compensation coverage compliance by Vermont employers. (2) Prevention and enforcement of workers’ compensation fraud. (3) Compensability under workers’ compensation for heart attacks suffered by firefighters and police officers in the line of duty. (4) Establishment of an ombudsman position within the workers’ compensation division to assist unrepresented employees and employers to navigate and understand the workers’ compensation system, including helping with issues relating to safety, benefits, medical benefits, vocational rehabilitation and return to work, and minimizing employee and employer fraud. (5) Costs, benefits, and approaches for apportioning aggravating injuries and preexisting conditions. (b) The commissioner shall consult with and make progress reports to the advisory committee established in Sec. 73(a) of No. 66 of the Acts of 2003, during the analysis and report preparation required in subsection (a) of this section. The commissioner shall meet at least twice with the advisory committee. 242 WEDNESDAY, MAY 19, 2004

Sec. 2. WORKERS’ COMPENSATION PREMIUM STABILIZATION OR REDUCTION; BANKING, INSURANCE, SECURITIES, AND HEALTH CARE ADMINISTRATION The Department of Banking, Insurance, Securities, and Health Care Administration shall issue a report to the General Assembly by February 1, 2005, that includes findings and proposals in regard to the following: (1) Additional regulation of the insurance industry in Vermont including: (A) Higher performance standards for adjusting claims. (B) Implementing caseload maximums for adjusters. (2) Techniques to stabilize rates and create predictability in workers’ compensation insurance premiums, including extending the time period for amortizing extraordinarily high claims. Sec. 3. 21 V.S.A. § 642 is amended to read: § 642. TEMPORARY TOTAL DISABILITY BENEFITS Where the injury causes total disability for work, during such disability, but not including the first three days, the day of the accident to be counted as the first day, unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee’s average weekly wages, but not more than the maximum nor less than the minimum weekly compensation, provided that the weekly compensation shall not be greater than the injured employee’s weekly net income. In addition, the injured employee, during the disability period shall receive $10.00 a week for each dependent child who is unmarried and under the age of 21 years, provided that weekly benefits under this section shall not exceed the employee’s weekly net income, and provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children. However, in no event shall an employee’s total weekly wage replacement benefits, including any payments for a dependent child, exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment. The amount allowed for dependent children shall be increased or decreased weekly to reflect the number of dependent children extant during the week of payment. If the total disability

JOURNAL OF THE HOUSE 243 continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability. Sec. 4. 21 V.S.A. § 601(19) and (21) are amended and (24) is added to read: (19) “Minimum weekly compensation” shall mean a sum of money equal to 50 percent of the average compensation, rounded to the next higher dollar. However, solely for the purposes of determining permanent total or partial disability compensation where the employee’s average weekly wage computed under section 650 of this title is lower than the minimum weekly compensation, the employee’s weekly compensation shall be the full amount of the employee’s average weekly wages. For the purpose of determining temporary total or temporary partial disability compensation where the employee’s average weekly wage computed under section 650 of this title is lower than the minimum weekly compensation, the employee’s weekly compensation shall be the employee’s weekly net income 90 percent of the employee’s average weekly wage prior to any cost of living adjustment calculated under subsection 650(d) of this title. (21) “Weekly net income” shall mean the average weekly wage as computed under section 650 of this title, less the amount of state and federal income tax and FICA which the employee would pay or have withheld if the standard state and federal deductions or credits to which the employee is entitled were taken. (24) “Evidence that reasonably supports an action” means, for the purposes of section 643a and subsections 650(e) and 662(a) of this title, relevant evidence that a reasonable mind might accept as adequate to support a conclusion that must be based on the record as a whole, and take into account whatever in the record fairly detracts from its weight. Sec. 5. 21 V.S.A. § 650(e) is added to read: (e) If weekly compensation benefits or weekly accrued benefits are not paid within 21 days after becoming due and payable pursuant to an order of the commissioner, or in cases in which the overdue benefit is not in dispute, ten percent of the overdue amount shall be added and paid to the employee, in addition to interest and any other penalties. In the case of an initial claim, benefits are due and payable upon entering into an agreement pursuant to subsection 662(a) of this title, upon issuance of an order of the commissioner pursuant to subsection 662(b) of this title, or if the employer has not denied the claim within 21 days after the claim is filed. Benefits are in dispute if the claimant has been provided actual written notice of the dispute within 21 days of the benefit being due and payable and the evidence reasonably supports the 244 WEDNESDAY, MAY 19, 2004 denial. Interest shall accrue and be paid on benefits that are found to be compensable during the period of nonpayment. Sec. 6. 21 V.S.A. § 660(a) is amended to read: (a) A notice given under the provisions of this chapter shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, nature, or cause of the injury, or otherwise, unless it is shown that the employer was in fact misled to the injury as a result of the inaccuracy. Want of or delay in giving notice, or in making a claim, shall not be a bar to proceedings under the provisions of this chapter, if it is shown that the employer, the employer’s agent, or representative, had knowledge of the accident or that the employer has not been prejudiced by the delay or want of notice. Proceedings to initiate a claim for benefits a work - related injury pursuant to this chapter may not be commenced after six three years from the date of injury. This section shall not be construed to limit subsequent claims for benefits stemming from a timely filed work-related injury claim. Sec. 7. 21 V.S.A. § 641(a) is amended to read: (a) When as a result of an injury covered by this chapter, an employee is unable to perform work for which the employee has previous training or experience, the employee shall be entitled to vocational rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore the employee to suitable employment. Vocational rehabilitation services shall be provided as follows: (1) The employer shall designate a vocational rehabilitation provider from a list provided by the commissioner to initially provide services. Thereafter, the employee may select another vocational rehabilitation provider from a list provided by the commissioner upon giving the employer written notice of the employee’s reasons for dissatisfaction with the designated provider and the name and address of the provider selected by the employee. (2) The department shall provide an injured worker with a form that includes information and employee rights. The form shall clearly and simply explain the worker’s rights, including the choice of provider, the right to challenge a determination, and reimbursement for related expenses. The worker shall sign the form and return it to the department. (3) The commissioner shall adopt rules to assure that a worker who requests services or who has received more than 90 days of continuous temporary total disability benefits is timely and cost - effectively screened for benefits under this section . An injured worker who is determined to be eligible for benefits shall have an appropriate initial vocational assessment and be offered appropriate vocational rehabilitation services. The commissioner shall

JOURNAL OF THE HOUSE 245 adopt rules to provide a mechanism for periodic review of injured workers who are initially found not to be ready or eligible for vocational rehabilitation services. (4) If these services are not voluntarily offered and accepted by the employee, the commissioner, if necessary through informal hearing, may refer the employee to a qualified physician or appropriate facility for evaluation of the practicability of, need for, and kind of service, treatment, or training necessary and appropriate to render the employee fit for a remunerative occupation. Upon receipt of findings and after affording the parties an opportunity to be heard, the commissioner may order that the services and treatment recommended, or such other rehabilitation treatment or service the commissioner may deem necessary be provided at the expense of the employer. When vocational rehabilitation requires residence at or near a facility or institution, away from the employee’s customary residence, the reasonable cost of board, lodging, or travel, or both, shall be paid for by the employer. In addition, the employer shall pay reasonable costs of books, tools, or other basic materials required in such rehabilitation process. Refusal to accept vocational rehabilitation pursuant to an order of the commissioner may result in loss of compensation for each week of the refusal, if the commissioner so directs. (5) The commissioner may set by rule reasonable reimbursement rates for vocational rehabilitation benefits and services, provided reasonable choices and access to benefits and services are maintained. Sec. 8. REPEAL Workers’ Compensation Rule 30.1000, which requires an employer to refer an injured worker to vocational rehabilitation within 15 days of identifying an worker who has received temporary total disability benefits for 90 days or who is unable to return to suitable employment due to a work injury, is repealed. Sec. 9. 21 V.S.A. § 618(a) is amended to read: (a)(1) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall pay compensation in the amounts and to the person hereinafter specified. The compensation of a person who is under guardianship shall be paid to the person’s guardian. * * * (3) An injury arising from an on-premises recreational activity shall be presumed to be compensable unless the activity is shown to be not reasonably 246 WEDNESDAY, MAY 19, 2004 related to employment duties, requirements or a regular incident of employment. Sec. 10. TEMPORARY TOTAL DISABILITY DURATION; ANNUAL REPORT BY INSURERS Each workers’ compensation insurer shall file a report or reports annually regarding current workers’ compensation cases in which the temporary total disability compensation has been paid continuously for two or more years. The reports shall be in a form and include data as required by the commissioner. Sec. 11. 21 V.S.A. § 640 is amended to read: § 640. MEDICAL BENEFITS; ASSISTIVE DEVICES; HOME AND AUTOMOBILE MODIFICATIONS (a) An employer subject to the provisions of this chapter shall furnish to an injured employee reasonable surgical, medical and nursing services and supplies to an injured employee, including prescription drugs and durable medical equipment. The employer shall provide assistive devices and modification to vehicles and residences reasonably necessary to permit an injured worker who is determined to have or expected to suffer a permanent disability, such as an ambulatory disability as defined in section 271 of this title or blindness as defined in section 271, that substantially and permanently prevents or limits the worker’s ability to continue to live at home or perform basic life functions. In determining what devices and modifications are reasonably necessary, consideration shall be given to factors that include ownership of the residence to be modified, the length of time the worker is expected to utilize and benefit from the devices or modifications, and the extent to which the devices or modifications enhance or improve the worker’s independent functioning. The employer shall also furnish reasonable hospital services and supplies, including surgical, medical, and nursing services while the injured employee is confined in a hospital for treatment and care. * * * (d) The liability of the employer to pay for medical, surgical, hospital, and nursing services and supplies, prescription drugs, and durable medical equipment provided to the injured employee under this section shall not exceed the maximum fee for a particular service, prescription drug, or durable medical equipment as provided by a schedule of fees and rates prepared by the commissioner. The reimbursement rate for services and supplies in the fee schedule shall include consideration of medical necessity, clinical efficacy, cost - effectiveness, and safety, and those services and supplies shall be

JOURNAL OF THE HOUSE 247 provided on a nondiscriminatory basis consistent with workers’ compensation and health care law. The commissioner shall authorize reimbursement at a rate higher than the scheduled rate if the employee demonstrates to the commissioner’s satisfaction that reasonable and necessary treatment, prescription drugs, or durable medical equipment is not available at the scheduled rate. An employer shall establish direct billing and payment procedures and notification procedures as necessary for coverage of medically- necessary prescription medications for chronic conditions of injured employees, in accordance with rules adopted by the commissioner. Sec. 12. CONSTRUCTION The purpose of the changes in 21 V.S.A. § 640(a) is to require employers to provide modification benefits to disabled employees who suffer a work injury on or after the effective date of this act and is not to be construed to affect current law as it provides for modifications to vehicles and residences. Sec. 13. MEDICAL, HOSPITAL, PHARMACEUTICAL, AND DURABLE MEDICAL EQUIPMENT FEE SCHEDULES; LABOR AND INDUSTRY Pursuant to 21 V.S.A. § 640(d), which gives the commissioner the authority and responsibility to establish medical fee schedules, by February 1, 2005, the Commissioner of Labor and Industry, with assistance from the Commissioner of Banking, Insurance, Securities, and Health Care Administration, shall: (1) Develop and implement mechanisms designed to control medical costs while assuring injured workers’ access on a nondiscriminatory basis consistent with workers’ compensation and health care insurance law to medically necessary, clinically efficacious, and cost-effective quality medical care and treatment. Mechanisms for reimbursement for medical services, hospital services, both inpatient and outpatient, and durable medical equipment may be based on Medicare reimbursement methodologies for each area, but may have a different base reimbursement rate. These rates may be set as ratios to the base reimbursement rates . The commissioner shall strive to reduce the overall costs of medical services and supplies under this chapter by at least four percent through the new cost control mechanisms and fee schedules for medical, surgical, hospital, and nursing services and supplies, prescription drugs, and durable medical equipment. (2) Investigate strategies for reducing prescription drug costs and report the results and proposals to the General Assembly by February 1, 2005. The investigation shall include written information from the major workers’ 248 WEDNESDAY, MAY 19, 2004 compensation carriers in regard to market share. The information requested shall describe the methodologies and practices used by the carrier to reduce prescription drug costs including utilization of any of the following: (A) A pharmacy benefits manager or administrator, and, if so, the name and contact information for the manager or administrator. (B) A preferred drug list, and if so, whether the preferred drug list includes over-the-counter drugs, the preferred prices are negotiated, and whether the list is proprietary. (C) Payment for over-the-counter drugs in lieu of prescription drugs. (D) Mail order purchase of prescription drugs, and if so, are community retail pharmacies permitted to fill prescriptions in the same manner as by mail order pharmacies with respect to the quantity of drugs or supply of drugs dispensed. (3) Consult with the Joint Fiscal Office, Legislative Council, and Drug Utilization Review Board and evaluate the practicality, legality, and usefulness of adopting prescription drug price cost reduction strategies for the workers’ compensation program and outline those strategies. (4) Consult with other state workers’ compensation programs to determine whether implementation of any of the prescription drug cost reduction strategies or creation of a multi-state purchasing program would benefit the Vermont workers’ compensation system. (5) Adopt medical fee schedules by an accelerated process. The commissioner shall adopt the schedule of fees and rates required by 21 V.S.A. § 640(d) as expeditiously as possible following the passage of this act. Prior to adoption of a comprehensive schedule for all medical services and equipment subject to 21 V.S.A. § 640(d), the commissioner shall develop and adopt an interim or partial schedule or schedules of maximum fees for those medical services and supplies deemed by the commissioner to be the most excessive and inconsistent with the fees for the same services and supplies paid by other commercial insurers and payers. For the purpose of establishing an interim or partial schedule, the commissioner shall adopt an emergency rule pursuant to 3 V.S.A. § 844. Sec. 14. 21 V.S.A. § 601(3) and (14) are amended to read: (3) “Employer” includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer, and includes the owner or lessee of premises or other person who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor or for any other reason, is not

JOURNAL OF THE HOUSE 249 the direct employer of the workers there employed. If the employer is insured, “employer” includes his the employer’s insurer so far as applicable. A person is not deemed to be an “employer” for the purposes of this chapter as the result of entering into a contract for services or labor with an individual who has knowingly and voluntarily waived coverage of this chapter pursuant to subdivision (14)(F) of this section. (14) “Worker” and “employee” means a person an individual who has entered into the employment of, or works under contract of service or apprenticeship with, an employer, but shall not include. Any reference to a worker who has died as the result of a work injury shall include a reference to the worker’s dependents, and any reference to a worker who is a minor or incompetent shall include a reference to the minor’s committee, guardian, or next friend. The term “worker” or “employee” does not include: (A) a person An individual whose employment is of casual nature, and not for the purpose of the employer’s trade or business;. (B) a person An individual engaged in amateur sports even if an employer contributes to the support of such sports;. (C) a person An individual engaged in agriculture or farm employment for an employer whose aggregate payroll is less than $2,000.00 $10,000.00 in a calendar year, unless such the employer notifies the commissioner that he the employer wishes to be included within the provisions of this chapter; the existence of a contract of insurance shall be considered sufficient notice;. (D) aA member of the employer’s family dwelling in his the employer’s house; but, if in any contract of insurance the wages or salary of such a member of the employer’s family dwelling in his house is included in the payroll on which the premium is based, then such person that family member shall, in the event of his sustaining an injury arising out of and in the course of his employment be deemed an employee and compensated accordingly; or. (E) any person Any individual engaged in any type of service in or about a private dwelling unless such the employer notifies the commissioner that he the employer wishes to be included within the provisions of this chapter; the existence of a contract of insurance shall be considered sufficient notice; or. (F) the The sole proprietor or partner owner or partner owners of an unincorporated business, unless such sole proprietor or partner notifies the commissioner of his or her wish to be included within the provisions of this 250 WEDNESDAY, MAY 19, 2004 chapter; the submission of a contract or an amendment to a contract to elect coverage of the sole proprietor or partner shall be considered sufficient notice. provided: (i) The individual performs work that is distinct and separate from that of the person with whom the individual contracts. (ii) The individual controls the means and manner of the work performed. (iii) The individual holds him or herself out as in business for him or herself. (iv) The individual holds him or herself out for work for the general public and does not perform work exclusively for or with another person. (v) The individual is not treated as an employee for purposes of income or employment taxation with regard to the work performed. (vi) The services are performed pursuant to a written agreement or contract between the individual and another person, and the written agreement or contract explicitly states that the individual is not considered to be an employee under this chapter, is working independently, has no employees, and has not contracted with other independent contractors. The written contract or agreement shall also include information regarding the right of the individual to purchase workers’ compensation insurance coverage and the individual’s election not to purchase that coverage. However, if the individual who is party to the agreement or contract under this subdivision is found to have employees, those employees may file a claim for benefits under this chapter against either or both parties to the agreement. * * * (H) Any executive officer elected or appointed and empowered in accordance with the bylaws of the corporation shall be an employee of the corporation. With the approval of the commissioner, an officer may elect not to come under the provisions of this chapter and if all officers of the corporation make such election and the corporation has no employees, the corporation shall not be required to purchase workers’ compensation coverage. If after election, the officer suffers a personal injury and files a claim under this chapter, the employer shall have all the defenses available in a personal injury claim. However, this election shall not prevent any other individual, other than the executive officer, found to be an employee of the corporation to recover workers’ compensation from either the corporation or the statutory employer.

JOURNAL OF THE HOUSE 251 Any reference to a worker who has been injured shall, where the worker is dead, include a reference to his dependents as herein defined, if the context so requires, or where the employee is a minor or incompetent, to his committee or guardian or next friend. Every executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation shall be an employee of the corporation. Subject to the written approval of the commissioner an officer of a corporation may elect not to come under the provisions of this chapter, then if an action is brought by the employee to recover damages for personal injury or by his personal representatives for damages on account of his death resulting from personal injuries sustained after the employee had so elected and arising out of and in the course of his employment, the employer shall have all the defenses which he would have had if the provisions of this chapter were not in force. Sec. 15. 21 V.S.A. § 624(j) and (k) are added to read: (j) The commissioner shall determine, by rule, workplaces where an insured has demonstrated an unusually poor safety record, as defined by the commissioner. (k) Employers with unusually poor safety records, as defined by the commissioner, shall create workplace safety committees with balanced representation between management and employees and, with the assistance of the department, shall design and implement written accident prevention plans that shall be distributed to all employees. The department shall issue bulletins of best safety practices. Sec. 16. 13 V.S.A. § 2024 is amended to read: § 2024. WORKERS’ COMPENSATION FRAUD Any person including an employee, employer, medical case manager, health care provider, vocational rehabilitation provider, or workers’ compensation insurance carrier who wilfully knowingly and with intent to defraud makes a false statement or representation for the purpose of obtaining, affecting, or denying any benefit or payment under the provisions of chapter 9 or 11 of Title 21, either for her or himself or for any other person, shall be fined not more than $10,000.00 and shall forfeit all benefits or payments obtained as a result of the false statement or representation and all or a portion of any right to compensation under the provisions of chapters chapter 9 and 11 of Title 21 as determined by the commissioner and: ( 1) For fraud involving $10,000.00 or more, be fined not more than $100,000.00 or imprisoned not more than three years, or both. 252 WEDNESDAY, MAY 19, 2004 (2) For fraud involving less than $10,000.00, be fined not more than $10,000.00 or imprisoned not more than two years, or both. Sec. 17. EFFECTIVE DATE This act shall take effect on passage.

JOURNAL OF THE HOUSE 253 COMMITTEE ON THE PART COMMITTEE ON THE PART OF THE SENATE OF THE HOUSE Sen. James Greenwood Rep. Joyce Errecart Sen. Ann Cummings Rep. Robert Dostis Sen. Roderick Gander Rep. Steve Larrabee Pending the question, Shall the House adopt the Committee of Conference report? Rep. Nease of Johnson demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House adopt the Committee of Conference report? was decided in the affirmative. Yeas, 137. Nays, 0. Those who voted in the affirmative are: Adams of Hartland Dostis of Waterbury Kitzmiller of Montpelier Allaire of Rutland City Duffy of Rutland City Klein of East Montpelier Allard of St. Albans Town Dunsmore of Georgia Krawczyk, A. of Bennington Amidon of Charlotte Edwards of Brattleboro Krawczyk, J. of Bennington Anderson of Woodstock Emmons of Springfield Larocque of Barnet Aswad of Burlington Endres of Milton Larrabee of Danville Audette of South Burlington Errecart of Shelburne Larson of Burlington Bailey of Hyde Park Fallar of Tinmouth LaVoie of Swanton Baker of West Rutland Fisher of Lincoln Lippert of Hinesburg Bartlett of Dover Flory of Pittsford Maier of Middlebury Bohi of Hartford French of Randolph Marek of Newfane Bolduc of Barton Gray of Barre Town Martin of Springfield Bostic of St. Johnsbury Haas of Rutland City Mazur of South Burlington Botzow of Pownal Hall of Newport City McAllister of Highgate Branagan of Georgia Head of South Burlington McCullough of Williston Brennan of Colchester Heath of Westford McLaughlin of Royalton Brooks of Montpelier Helm of Castleton Metzger of Milton Brown of Walden Hingtgen of Burlington Milkey of Brattleboro Carey of Chester Houston of Ferrisburgh Miller of Shaftsbury Chen of Mendon Howrigan of Fairfield Miller of Elmore Clark of St. Johnsbury Hube of Londonderry Molloy of Arlington Clark of Vergennes Hudson of Lyndon Monti of Barre City Connell of Warren Hummel of Underhill Morrissey of Bennington Corcoran of Bennington Jewett of Ripton Myers of Essex Crawford of Burke Johnson of South Hero Nease of Johnson Cross of Winooski Kainen of Hartford Nitka of Ludlow Crowley of West Rutland Keenan of St. Albans City Nuovo of Middlebury Dakin of Colchester Kennedy of Chelsea Obuchowski of Rockingham Darrow of Dummerston Kenyon of Bradford O'Donnell of Vernon Deen of Westminster Keogh of Burlington Otterman of Topsham DePoy of Rutland City Ketchum of Bethel Parent of St. Albans City Donaghy of Poultney Kilmartin of Newport City Partridge of Windham Donahue of Northfield Kirker of Essex Peaslee of Guildhall Donovan of Burlington Kiss of Burlington Perry of Richford 254 WEDNESDAY, MAY 19, 2004 Peterson of Williston Shaw of Derby Trombley of Grand Isle Pillsbury of Brattleboro Sheltra of Derby Valliere of Barre City Pugh of South Burlington Shouldice of Calais Vincent of Waterbury Reese of Pomfret Smith of New Haven Webster of Randolph Robinson of Richmond Smith of Morristown Westman of Cambridge Rodgers of Glover Sunderland of Rutland Town Winters of Swanton Rogers of Castleton Sweaney of Windsor Winters of Williamstown Rusten of Halifax Sweeney of Colchester Wood of Brandon Seibert of Norwich Sweetser of Essex Wright of Burlington Severance of Colchester Symington of Jericho Young of Orwell Shand of Weathersfield Towne of Berlin Zuckerman of Burlington Sharpe of Bristol Tracy of Burlington Those who voted in the negative are: none

Those members absent with leave of the House and not voting are: Atkins of Winooski Johnson of Canaan Masland of Thetford Gervais of Enosburg Koch of Barre Town Schiavone of Shelburne Grad of Moretown Livingston of Manchester Starr of Troy Hunt of Essex Marron of Stowe Waite of Pawlet

Rep. Young of Orwell explained his vote as follows: “Mr. Speaker: This Chair’s hat is off to all the members of the Commerce Committee and in this instance the member from Shelburne and the member from Waterbury in particular. Someone once said “it is better to be lucky than smart” and I couldn’t agree more. I certainly am not smart, but I have been blessed and lucky to have an excellent committee and I thank them all.” Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith On motion of Rep. Symington of Jericho, the rules were suspended and action on the bills were ordered messaged to the Senate forthwith and the bills delivered to the Governor forthwith. H. 632 House bill, entitled An act relating to workers’ compensation; H. 754 House bill, entitled

JOURNAL OF THE HOUSE 255 An act relating to the creation of a fire safety division within the department of public safety; H. 778 House bill, entitled An act relating to miscellaneous agricultural subjects; Recess At two o’clock and ten minutes in the afternoon, the Speaker declared a recess until three o’clock and thirty minutes in the afternoon. At three o’clock and thirty minutes in the afternoon, the Speaker called the House to order. Message from the Senate No. 69 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Mr. Speaker: I am directed to inform the House that the Senate has considered a bill originating in the House of the following title: H. 784. An act relating to income tax. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon House bill of the following title: H. 35. An act relating to child support, custody and visitation. And has refused to accept and adopt the same and requests that a second Committee of Conference be appointed. The President has appointed as members of a Second Committee of Conference on the part of the Senate: Senator Campbell Senator Bloomer Senator Sears The Senate has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon House bills of the following titles: H. 272. An act relating to nutrition policy in Vermont schools. 256 WEDNESDAY, MAY 19, 2004 H. 294. An act relating to a contractor’s lien for labor or materials. H. 566. An act relating to civil monetary penalty for welfare fraud. And has accepted and adopted the same on its part. Message from the Senate No. 70 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: Mr. Speaker: I am directed to inform the House that the Senate has considered bills originating in the House of the following titles: H. 201. An act relating to a farm viability program. H. 412. An act relating to assessing a fee of one-half cent per gallon of heating oil sold in the state be used to finance the cleanup of spills from aboveground storage tanks. And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested. Rules Suspended; Report of Committee of Conference Adopted H. 272 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to nutrition policy in Vermont schools; Was taken up for immediate consideration. The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the House concur with the Senate proposal of amendment and that the bill be further amended as follows: First: In Sec. 2, 16 V.S.A. § 216(c) following subdivision (4) by adding a new subdivision (5) to read: (5) Create a process for schools to share with the department of health any data collected about the height and weight of students in kindergarten through grade six. The commissioner of health may report any data compiled

JOURNAL OF THE HOUSE 257 under this subdivision on a county - wide basis. Any reporting of data must protect the privacy of individual students and the identity of participating schools. Second: In Sec. 3(a)(1) following the words “A definition of nutritious foods, nutritional guidelines, and” by inserting the clause “, to the extent financially feasible,” Third: In Sec. 3(a)(5) by striking the subdivision in its entirety and inserting in lieu thereof a new subdivision (5) to read: (5) A process for reporting to the community on the health status of students. COMMITTEE ON THE PART COMMITTEE ON THE PART OF OF THE SENATE OF THE HOUSE Sen. Donald Collins Rep. Carolyn Branagan Sen. Hull Maynard Rep. Harry Chen Sen. Kevin Mullin Rep. Rosemary McLaughlin Which was considered and adopted on the part of the House. Rules Suspended; Report of Committee of Conference Adopted H. 294 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to contractor’s lien for labor or materials; Was taken up for immediate consideration. The Speaker placed before the House the following Committee of Conference report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 9 V.S.A. § 1921 is amended to read: § 1921. EXTENT OF LIEN; NOTICE * * * 258 WEDNESDAY, MAY 19, 2004 (b) A person who by virtue of a contract or agreement, either in writing or parol, with an agent, contractor, or subcontractor of the owner thereof, performs labor or furnishes materials for erecting, repairing, moving, or altering such improvements shall have a lien, to secure the payment of the same upon such improvements and the lot of land upon which the same stand, by giving notice in writing to such owner or his or her agent having charge of such property that he or she shall claim a lien for labor or material. The notice shall include the date that payment is due, if known. Such lien shall extend to the portions of the contract price remaining unpaid at the time such notice is received. (c) A lien herein provided for shall not continue in force for more than one hundred and twenty 180 days from the time when payment became due for the last of such labor performed or materials furnished unless a notice of such lien is filed in the office of the town clerk as hereinafter provided. * * * Sec. 2. 9 V.S.A. § 1922 is amended to read: § 1922. EFFECT OF LIEN Unless he a person has satisfied or paid the claim upon which such lien is founded after he the person has received written notice of a lien as provided for in section subsection 1921(b) of this title, or unless the lien has not been perfected within the time required under section 1924 of this title, such person shall not deed, mortgage, or otherwise convey property which is subject to a lien as provided herein without disclosing such lien to the vendee or mortgagee in writing or stating the existence of the same in the instrument conveying or mortgaging such property. If he the person shall fail so to disclose such lien, he or she shall be liable to the person injured in a civil action on this statute for the damages so sustained. Sec. 3. 9 V.S.A. § 1924 is amended to read: § 1924. ACTION TO ENFORCE LIEN Within three months 180 days from the time of filing such memorandum, if such payment is due at the time of such filing and within three months 180 days from the time such payment becomes due, if not due at the time of such filing, such person may commence his or her action for the same, and cause such real estate or other property to be attached thereon. If he or she obtains judgment in the action, the record of such judgment shall contain a brief statement of the contract upon which the same is founded.

JOURNAL OF THE HOUSE 259 COMMITTEE ON THE PART COMMITTEE ON THE PART OF THE SENATE OF THE HOUSE Sen. John F. Campbell Rep. Margaret Flory Sen. John H. Bloomer Rep. Duncan Kilmartin Sen. Matt Dunne Rep. Willem Jewett Committee of Conference Appointed H. 35 Pursuant to the request of the Senate for a second Committee of Conference on the disagreeing votes of the two Houses on House bill, entitled An act relating to child support, custody and visitation; The Speaker appointed as members of the second Committee of Conference on the part of the House: Rep. Flory of Pittsford Rep. Kainen of Hartford Rep. Lippert of Hinesburg Rules Suspended; Senate Proposal of Amendment Concurred in H. 412 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to assessing a fee of one-half cent per gallon of heating oil sold in the state to be used to finance the cleanup of spills from aboveground storage tanks; Was taken up for immediate consideration. The Senate proposes to the House to amend the bill by adding a new Sec. 4 to read as follows: Sec. 4. 10 V.S.A. § 1922(14) is added to read: (14) “Bulk storage tank” means any aboveground petroleum storage tank at a facility required to have a Spill Prevention Control and Countermeasure (SPCC) Plan pursuant to 40 CFR section 112. and by renumbering the remaining sections to be numerically correct: Which proposal of amendment was considered and concurred in. 260 WEDNESDAY, MAY 19, 2004 Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith On motion of Rep. Symington of Jericho, the rules were suspended and action on the bills were ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith. H. 272 House bill, entitled An act relating to nutrition policy in Vermont schools; H. 294 House bill, entitled An act relating to contractor’s lien for labor or materials; H. 412 House bill, entitled An act relating to assessing a fee of one-half cent per gallon of heating oil sold in the state to be used to finance the cleanup of spills from aboveground storage tanks; Rules Suspended; Senate Proposal of Amendment Not Concurred in; Committee of Conference Requested and Appointed; Rules Suspended and Bill Ordered Messaged to the Senate Forthwith H. 201 Pending entrance of the bill on the Calendar for notice, on motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to a farm viability program; Was taken up for immediate consideration. The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 6 V.S.A. § 4710 is added to read: § 4710. VERMONT FARM VIABILITY ENHANCEMENT PROGRAM (a) The Vermont farm viability enhancement program is a voluntary program established in the agency of agriculture, food and markets to provide assistance to Vermont farmers to enhance the financial success and long-term viability of Vermont agriculture. In administering the program, the secretary shall:

JOURNAL OF THE HOUSE 261 (1) Collaborate with the Vermont housing and conservation board, state and federal agencies, private entities, and service groups to develop, coordinate, and provide technical and financial assistance to Vermont farmers. (2) Include teams of experts to assist farmers in areas such as assessing farm resources and potential, diversifying, adopting new technologies, improving product quality, developing value-added products, and lowering costs of production for Vermont’s agricultural sector. The teams may include farm business management specialists, University of Vermont extension service professionals, veterinarians, and other experts to deliver the informational and technological services. (3) Encourage agricultural economic development through investing in improvements to essential infrastructure and the promotion of farm businesses in Vermont. (4) Enter into agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this state and employ technical experts to carry out the purposes of this section. (b) The farm viability enhancement program shall be assisted by an advisory board consisting of ten members who shall include: (1) The secretary of agriculture, food and markets. The secretary shall serve as chair of the board; (2) The commissioner of economic development; (3) The manager of the Vermont economic development authority or designee; (4) The director of the University of Vermont extension service or designee; (5) The executive director of the Vermont housing and conservation board or designee; (6) Four Vermont farmers appointed by the secretary of agriculture, food and markets and confirmed by the Vermont housing and conservation board. The four farmers shall serve two-year terms, except for the first year, two farmers chosen by the chair shall serve one - year terms; and (7) A person who has an expertise in agricultural economics, financing, or business planning appointed by the secretary. (c) Members of the advisory board established in subsection (b) of this section other than ex officio members shall be entitled to per diem expenses pursuant to section 1010 of Title 32 for each day spent in the performance of 262 WEDNESDAY, MAY 19, 2004 his or her duties, and each such member shall be reimbursed from the fund created by this section for his or her reasonable expenses incurred in carrying out his or her duties under this section. (d) In consultation with the advisory board, the secretary of agriculture, food and markets and the Vermont housing and conservation board shall establish grant criteria, performance goals, evaluative measures, and other criteria to implement the program. The grant criteria shall include at least the following requirements: (1) the application is developed in consultation with the producers who use or would use the program, and will address their needs; (2) the use of the funds is likely to succeed in improving the economic viability of the farm and the farm’s producers; (3) the producers are committed to participating in the program; and (4) an evaluation shall be completed by enrolled farmers in conjunction with the teams. (e)(1) The farm viability enhancement program special fund is established in the state treasury and shall be administered by the secretary of agriculture, food and markets in accordance with the provisions of subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund shall be retained in the fund. The fund shall be used only for the purpose of implementing and effectuating the farm viability enhancement program established by this section. There shall be deposited in such fund any monies appropriated by the general assembly to, or received by, the secretary of agriculture, food and markets from any other source, public or private. The fund shall be used only for the purpose of: (A) providing funds for the farm viability enhancement program as established in this section; (B) providing funds to enrolled farmers; (C) providing funds to service providers for administrative expenses of the program; and (D) leveraging other competitive public and private funds, grants, and contributions for the farm viability enhancement program. (2) The secretary of agriculture, food and markets and Vermont housing and conservation board, separately or cooperatively, may solicit federal funds, grants, and private contributions for the farm viability enhancement program, but any Vermont housing and conservation board funds used for the farm

JOURNAL OF THE HOUSE 263 viability enhancement program shall be administered in accordance with section 312 of Title 10. (f) The secretary of agriculture, food and markets and the Vermont housing and conservation board shall report in writing to the senate and house committees on agriculture on or before January 31 of each year with a report on the activities and performance of the farm viability enhancement program. At a minimum, the report shall include an evaluation of the program utilizing the performance goals and evaluative measures established in consultation with the advisory board pursuant to subsection (b) of this section. The report should assess potential demand for the program over the succeeding three years. Further, the agency of agriculture, food and markets and the Vermont housing and conservation board shall describe in their annual budget submissions plans to develop adequate state, federal, and private funds to carry out this initiative. Sec. 2. EFFECTIVE DATE This act shall take effect upon passage. Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Towne of Berlin moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House: Rep. Smith of New Haven Rep. McAllister of Highgate Rep. Dunsmore of Georgia On motion of Rep. Symington of Jericho, the rules were suspended and the bill was ordered messaged to the Senate forthwith. Recess At four o’clock and ten minutes in the afternoon, the Speaker declared a recess until the fall of the gavel. Evening At four o’clock and forty minutes in the afternoon, the Speaker called the House to order. Adjournment At four o’clock and forty-three minutes in the afternoon, on motion of Rep. Symington of Jericho, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.

Load more

  68

Copy Link