AutoFill Template · Web viewAn act relating to high school diplomas for World War II, Korean conflict and Vietnam war veterans. Reported favorably with recommendation of proposal

Senate CalendarFRIDAY, APRIL 19, 2002

102nd DAY OF BIENNIAL SESSION

ORDERS OF THE DAY

ACTION CALENDAR

Consideration Postponed until Friday, April 19, 2002

H. 629.

An act relating to the southeastern Vermont career education center.

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

H. 758.

An act relating to electronic filing of worker’s compensation reports.

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

UNFINISHED BUSINESS OF THURSDAY, APRIL 18, 2002

Favorable with Proposal of Amendment

H. 85.

An act relating to medicare supplemental health insurance.

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

The Committee recommends that the Senate propose to the House to amend the bill as follows:

First: In Sec. 1, 8 V.S.A. §4080e, subsection (b) in the last sentence, after the words “may set different” by inserting the word community

Second: In Sec. 1, 8 V.S.A. §4080e, subsection (c) in the last sentence, after the words “Any additional enrollment periods” by inserting the words as required by law and

(Committee Vote: 6-1-0)

(For House amendments, see House Journal for February 21, 2002, page 348.)

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H. 708.

An act relating to high school diplomas for World War II, Korean conflict and Vietnam war veterans.

Reported favorably with recommendation of proposal of amendment by Senator Corrow for the Committee on Education.

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 16 V.S.A. § 563(25) is added to read:

(25) shall, if it is a school board of a school district which maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the United States military in World War II or the Korean Conflict, was honorably separated from active federal military service, and does not hold a high school diploma. The state board shall develop and make available an application form for veterans who wish to request a high school diploma.

and the committee further recommends that the title be amended to read:

AN ACT RELATING TO HIGH SCHOOL DIPLOMAS FOR VETERANS


(For House amendments, see House Journal for March 12, 2002, page 457; March 13, 2002, page 468.)

Joint House Resolutions for Action

J.R.H. 256.

Joint resolution congratulating Derek Knapp of Northfield boy scout troop #759 upon attainment of the rank of eagle scout.

J.R.H. 258.

Joint resolution commemorating the 20th anniversary of the Vietnam Veterans Memorial, “The Wall”, in Washington, D.C. and all Vietnam war veterans.

J.R.H. 259.

Joint resolution in memory of Clarence Birchmore.

(For text of Resolutions, see Senate Journal for Wednesday, April 17, 2002)

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NEW BUSINESS

Third Reading

S. 258.

An act relating to the discovery and management of native american remains.

H. 451.

An act relating to the permanent telecommunications relay service

Second Reading

Favorable

H. 326.

An act relating to recovery of municipal taxes from the sale of an abandoned mobile home.

Reported favorably by Senator Bloomer for the Committee on Judiciary.

(Committee vote: 5-0-1)

(For House amendments, see House Journal for March 14, 2002, page 495)

Favorable with Proposal of Amendment

H. 213.

An act relating to a pilot project for combating drug crimes.

Reported favorably with recommendation of proposal of amendment by Senator Bloomer for the Committee on Judiciary.


Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that:

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

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

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

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

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

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

Sec. 2. PILOT PROJECT FOR DRUG COURT INITIATIVE COMMITTEES

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

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

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

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

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

(4) the state’s attorney;

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

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

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

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

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

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

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

Sec. 3. APPLICATION FOR FEDERAL FUNDS

The court administrator and the agency of human services shall seek federal funds and other available funding, including grants to implement a drug court or other programs to develop an approach to provide accountability, assessment and suitable services for persons who have committed a crime or a delinquent act, and who have a substance abuse problem.

Sec. 4. APPROPRIATION

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

Sec. 5. SUNSET PROVISION

This act shall be repealed on February 1, 2004.

Sec. 6. EFFECTIVE DATE

This act shall take effect upon passage.


Reported favorably with recommendation of amendment by Senator Sears for the Committee on Appropriations.

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The Committee recommends that the proposal of amendment of the Committee on Judiciary be amended by striking out Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:

Sec. 4. APPROPRIATION

The amount of $50,000.00 shall be appropriated to the judiciary for coordinating and reporting on the pilot project required by Sec. 2 of this act and the application for federal funding for drug court and other similar programs as designated in Sec. 3 of this act. Of the $50,000.00 appropriated in this section, $10,000.00 shall be general funds. The remaining $40,000.00 shall be from tobacco funds and shall not be released until the joint fiscal committee has approved a plan for the pilot project submitted by the court administrator.


(For House amendments, see House Journal for May 8, 2001, page 1102 and May 9, 2001, page 1112.)

H. 239.

An act relating to the financial services development tax credit.

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

The Committee recommends that the Senate propose to the House to amend the bill by striking out Sec. 3, and inserting in lieu thereof six new sections as follows:

Sec. 3. 32 V.S.A. § 5930b is amended to read:

§ 5930b. ECONOMIC ADVANCEMENT TAX INCENTIVES

A person who operates a business may request approval of not more than three of the five economic incentives provided in sections 5930c, 5930d, 5930e, 5930f and 5930g this subchapter. A high-tech business may, in the alternative, request approval of not more than three of the five economic incentives as provided in section 5930k of this subchapter. Approval of the Vermont economic progress council pursuant to this subchapter may be for up to five years.

Sec. 4. 32 V.S.A. § 5930k is added to read:

§ 5930k. HIGH-TECH GROWTH INCENTIVES

(a) For purposes of this section, “high-tech business” means a business whose activity in Vermont is certified by the commissioner of economic development to be exclusively in design, development and manufacture of:

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(1) Computer hardware or software, and information and communication technologies, such as high-level software languages, graphics hardware and software, speech and optical character recognition, high-volume information storage and retrieval, and data compression.

(2) Electronic devices involving microelectronics, semiconductors, electronic equipment and instrumentation; radio frequency, microwave and millimeter electronics; optical and optic-electrical devices; and data and digital communication and imaging devices.

(3) Medical devices, including medical, surgical or dental equipment, and excluding pharmaceutical products.

(4) Energy technology involving sources other than fossil fuels.

(5) Electric vehicles which draw propulsion energy only from an

on-board source of electrical energy, alternative fuel vehicles, or hybrid vehicles which draw propulsion energy from both a consumable fuel and a rechargeable energy storage system.

(b) A high-tech business may request approval of not more than three of the following incentives provided in this chapter: sections 5930c (payroll tax), 5930d (research and development), 5930f (export incentive), 5930g (investment tax credit, but limited to investments in plants or facilities), and 5930k(c) (high-tech credit growth incentives).

(c) A high-tech business, upon obtaining the approval of the Vermont Economic Progress Council pursuant to section 5930a of this title, shall be entitled to the following set of tax benefits as one of its three incentives:

(1) Machinery and equipment. A credit of up to $100,000.00 per year against the income tax liability imposed under this chapter in an amount up to six percent (as determined under the cost-benefit analysis for the applicant) of its total investments within the state of Vermont during the period approved by the Vermont Economic Progress Council, in machinery and equipment excluding expenditures for renovation of existing facilities to provide cable, fiber or telecommunications access.

(2) Technology infrastructure. A credit against the income tax liability imposed under this chapter in an amount up to six percent (as determined under the cost-benefit analysis for the applicant) of its total investments within the state of Vermont during the period approved by the Vermont Economic Progress Council, in renovation of existing facilities to provide cable, fiber or telecommunications access.

(3) Workforce development. A credit against the income tax liability imposed under this chapter in an amount equal to that allowed under section

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5930e of this chapter, except that award of a credit under this subdivision shall not be limited to industrial manufacturing entities.

(4) Sales and use tax exemption for approved personal computers and software under subdivision 9741(47) of this title.

Sec. 5. 32 V.S.A. § 9741(47) is added to read:

(47) Sales of new personal computers and included software packages, for use exclusively in the Vermont business and directly in the activities defined in section 5930(k) of this title, if purchased by a high-tech business as approved by the Vermont Economic Progress Council.

Sec. 6. 32 V.S.A. § 5930f is amended to read:

§ 5930f. VERMONT EXPORT TAX INCENTIVE

An entity A person doing business in Vermont and one or more other states, upon obtaining the approval of the Vermont economic progress council pursuant to section 5930a of this title, may receive a credit against its income taxes imposed by this chapter.

(1) For a C corporation, the credit is in an amount equal to the difference between a calculation of its income tax under the formula for apportionment provided in section 5833 of this title and a calculation of its income tax under the formula for apportionment provided in section 5833, except that such calculation shall be determined (i) without regard to that portion of section subdivision 5833(a)(3) which provides that sales of property shipped from this state are sales of tangible personal property made in this state; and (ii) by doubling the sales factor in section subdivision 5833(a)(3).

(2) For persons other than C corporations, the credit is equal to the difference between the amount computed by applying the corporate income tax rates provided in section 5832 of this chapter to the income attributable to Vermont determined using the two apportionment methods set out in subdivision (1) of this section as if the income attributable to Vermont were taxed at the entity level.

Sec. 7. 32 V.S.A. § 5930g(4) is added to read:

(4) A person is not required to acquire an ownership interest with its investment to be eligible to receive an income tax credit under this section, provided that the Vermont economic progress council has approved a long-term capital lease as an investment eligible to receive an income tax credit and the person’s investment has been made in the form of a long-term capital lease that meets the lease accounting criteria established by Financial Accounting Standard No. 13 as promulgated by the Financial Accounting Standards Board. The person’s investment shall be the present value, at the time the lease is

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executed, of the minimum lease payments over the period of the lease, excluding executory costs, as outlined in the Financial Accounting Standard No. 13.

Sec. 8. EFFECTIVE DATES

This act shall take effect upon passage except as follows:

(a) Secs. 3, 4 and 5 of this act (high-tech growth incentives) shall apply to taxable years beginning on or after January 1, 2002, and to purchases on or after July 1, 2002.

(b) Sec. 7 of this act shall take effect from passage, and shall apply to leases entered into after that date.


(For House amendments, see House Journal for February 28, 2001, page 326.)

H. 357.

An act relating to renewal of contracts for purchase of services by a school district.

Reported favorably with recommendation of proposal of amendment by Senator Maynard for the Committee on Education.

The Committee recommends that the Senate propose to the House to amend the bill by in Sec. 1, 16 V.S.A. § 559(e)(7), by striking out subdivision (7) in its entirety and inserting in lieu thereof a new subdivision (7) to read:

(7) nothing in this section shall require a school board or supervisory union board to invite or advertise for bids if it is renewing a contract entered into pursuant to subsection (a) of this section, for the purpose of purchasing or leasing transportation equipment or services, provided:

(A) annual costs shall not increase beyond the most recent Cumulative Price Index, as of December 1, for state and local government purchases of goods and services;

(B) the total amount of the contract shall not exceed an increase of 30 percent more than the total amount of the original contract; and

(C) the contract for the renewal period allows termination by the board following an annual review of performance.


(For House amendments, see House Journal for March 20, 2002, page 581.)

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H. 489.

An act relating to roadside dog sales.

Reported favorably with recommendation of proposal of amendment by Senator Sears for the Committee on Judiciary, upon commitment.


Sec. 1. 13 V.S.A. § 366 is amended to read:

§ 366. PROHIBITED USE OF ANIMALS

(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.

(b) No live fowl, turtles or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.

(c) No dog, puppy, cat or kitten shall be offered for sale, sold, displayed or given away on the side of any highway, as defined in 19 V.S.A. § 1, except by the owner or lessor of the abutting land. It shall be an affirmative defense under this subsection that a transaction involving a sale or giving away of a puppy, dog, cat or kitten was previously arranged by the parties, and the sale or giving away on the side of the highway was only for the convenient transfer of the animal.

(c)(d) A person who violates this section shall be subject to a fine of not more than $250.00.


(No House amendments.)

H. 522.

An act relating to the disclosure of violent behavior of individuals under the supervision or control of the department of developmental and mental health services.

Reported favorably with recommendation of proposal of amendment by Senator Leddy for the Committee on Judiciary, upon commitment.

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§ 7103. DISCLOSURE OF INFORMATION

(a) All certificates, applications, records and reports, other than an order of a court made for the purposes of this part of this title, and directly or indirectly identifying a patient or former patient or an individual whose hospitalization or care has been sought or provided under this part, together with clinical information relating to such persons shall be kept confidential and shall not be disclosed by any person except insofar:

(1) as the individual identified, the individual’s health care agent under subsection 3453(c) of Title 14, or his the individual’s legal guardian, if any (or, if he be a the individual is an unemancipated minor, his or her parent or legal guardian), shall consent in writing; or

(2) as disclosure may be necessary to carry out any of the provisions of this part; or

(3) as a court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make disclosure would be contrary to the public interest.

(b) Nothing in this section shall preclude disclosure, upon proper inquiry, of information concerning medical condition to the members of the individual’s family of a patient or to his clergyman, his clergy, physician, his attorney, the individual’s health care agent under subsection 3453(c) of Title 14, a person to whom disclosure is authorized by a validly - executed durable power of attorney for health care, or to an interested party.

(c) Any person violating this section shall be fined not more than $500.00 $2,000.00 or imprisoned for not more than one year, or both.

(d) Nothing in 12 V.S.A. § 1612(a) shall affect the provisions of this section.

(e) Mandatory disclosure to home providers.

(1) With the written consent of the individual, or his or her guardian, an agency designated by the department to provide developmental and mental health services shall disclose all relevant information, in writing, to a potential home care provider for that individual so that the provider has the opportunity to make a fully - informed decision prior to the placement.

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(2) If the individual, or his or her guardian, does not consent to the disclosure, the placement will not occur unless the home care provider agrees in writing to the placement, absent disclosure.

(3) A home care provider must furnish to any person providing respite care, the individual’s relevant information obtained from the agency designated by the department to provide developmental and mental health services, as provided in this subsection.

(4) Home care and respite providers, whether or not they agree to a placement, shall be subject to the confidentiality and disclosure requirements of subsections (a), (b), and (c) of this section.

(5) As used in this subsection:

(A) “Home care provider” means a person or entity paid by an agency designated by the department to provide developmental and mental health services, to provide care in his or her home.

(B) “Relevant information” means information needed to protect the individual and others from harm, including any relevant history of violent behavior or conduct causing danger of harm to others, as defined in subdivision 7101(17)(A) of this title, any medications presently prescribed to the individual, and any known precursors of dangerous behavior that may cause future harm.

(C) “Respite provider” means a person, paid by a home provider, to provide care by the day or overnight in the person’s home.

(6) Any written disclosure of relevant information under this subsection shall also include notice of the confidentiality and disclosure requirements of this section.

(7) An agency designated by the department to provide developmental and mental health services shall provide updated information regarding the individual to the home provider.

and that the title be amended to read as follows: AN ACT RELATING TO THE DISCLOSURE OF RELEVANT INFORMATION REGARDING INDIVIDUALS RECEIVING SERVICES FROM THE DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES


(For House amendments, see House Journal for March 14, 2002, page 503; March 15, 2002, page 533.)

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H. 679.

An act relating to aggravated cruelty to animals.

Reported favorably with recommendation of proposal of amendment by Senator Illuzzi for the Committee on Judiciary.


Sec. 1. 13 V.S.A. § 352a is amended to read:

§ 352a. AGGRAVATED CRUELTY TO ANIMALS

A person commits the crime of aggravated cruelty to animals if the person:

(1) intentionally kills an animal by means causing the animal undue pain or suffering; or

(2) intentionally, maliciously and without just cause tortures, mutilates, maims or cruelly beats an animal.


§ 351. DEFINITIONS

As used in this chapter:

* * *

(15) “Animal hoarder” means a person who meets all of the following criteria:

(A) possesses five or more animals;

(B) fails to provide for the animals in violation of subdivision 352(4) of this title;

(C) keeps the animals in a severely overcrowded environment; and

(D) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the animals are living, and the deleterious impact they have on the animals’ health and well-being.


§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION

* * *

(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:

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* * *

(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant’s residence. If the court determines that the defendant qualifies as an animal hoarder as defined in subdivision 351(15) of this title or that a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court shall order the defendant or the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.

* * *


§ 362. EXPOSING POISON ON THE LAND

A person who deposits any poison or substance poisonous to animals on his or her premises or on the premise or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision 352(a)(2) 352(2) of this title. This section shall not apply to control of wild pests, protection of crops from insects, mice and plant diseases, or the department of fish and wildlife and employees and agents of the state forest service in control of destructive wild animals.


§ 363. SHOOTING BIRDS FOR AMUSEMENT

Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields or other areas to be used for such shooting purposes, shall be in violation of subdivision 352(a)(1) 352(1) of this title.


§ 365. SHELTER OF ANIMALS

* * *

(c)(1) A dog, whether chained or penned, shall be provided three feet by four feet for 25 pound dogs, four feet by four feet for 35 pound dogs and four feet by five feet for 50 pound and larger dogs approximate minimum living space based on the following formula: one dimension of the primary enclosure should be at least equal to the length of the dog, measured from the tip of the nose to the tip of the tail, plus one foot; and the other dimension should be at

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least equal to two times the length of the dog. The enclosure must have four sides and parallel dimensions must be equal or larger.

(2) No primary enclosure shall be less than three feet by four feet.

(3) The minimum height of a pen shall be no less than the length of the dog, as measured from the tip of the dog’s nose to the tip of the dog’s tail.

(4) The specifications in this subsection shall apply to each animal in a group-housing situation.

(d) In addition to the space requirements in subsection (c) of this section, a dog maintained out-of-doors should be acclimated to winter weather by being housed outside through the fall season so that coat length and temperature tolerance can develop, and should be healthy and otherwise able to cope with the cold. If doubt exists in this regard, a veterinarian’s evaluation should be sought. A dog maintained out-of-doors must be provided with suitable housing:

(1) a well-insulated house that is no larger than necessary for the dog to stand comfortably and turn around that assures that the dog is protected from wind and draft, and from excessive sun, rain and other environmental hazards throughout the year; that has floor insulation, dry bedding such as a “bean bag” dog bed, straw or kiln-dried sawdust or shavings; and a door fitted with a flap or other device to shelter from the wind;

(2) constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval ; and

(3) good quality, high-energy food in adequate amounts.

(e) A dog chained to a shelter must be on a tether chain at least twice four times the length of the dog. If doghouses with chains are used as primary enclosures for dogs kept out-of-doors, the chains used shall be:

(1) so placed or attached that they cannot become entangled with the chains of other dogs or any other objects;

(2) adequate for the size dog involved; and

(3) attached to the dog by means of a well-fitted nonchoking collar.

(f) A cat, over the age of five months, shall be provided minimum living space of nine square feet, provided the primary enclosure shall be constructed and maintained so as to provide sufficient space to allow each cat to turn about freely and to easily stand, sit and lie in a comfortable, normal position. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each animal in a group-housing situation.

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(g) An animal shall be provided with an opportunity for at least 30 minutes of daily exercise in an area separate from its living space, unless exercise is restricted by a licensed veterinarian. Separate space for exercise is not required if an animal’s living space is at least three times larger than the minimum requirements set forth in subsection (c) or (d) of this section.

(e)(h) Notwithstanding the provisions of this section, animals may be temporarily confined in spaces sufficient for them to stand and turn about freely, provided that they are exercised in accordance with accepted agricultural or veterinarian practices, and are provided sufficient food, water, shelter and proper ventilation.

(f)(i) Failure to comply with this section shall be a violation of subdivisions 352(a)(3) or (4) subdivision 352(3) or (4) of this title.


§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING

* * *

(b) Violation of the 28-hour rule of this section is a violation of subdivision 352(a)(4) 352(4) of this title.


§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING

* * *

(b) A person who violates a provision of this section shall be in violation of subdivision 352(a)(4) 352(4) of this title.


§ 383. SHIPPING OF ANIMALS

* * *

(b) Failure to provide such separation shall be a violation of subdivisions 352(a)(3) and (4) 352(3) and (4) of this title.


§ 386. CONFINEMENT OF ANIMALS IN VEHICLES

* * *

(c) Failure to comply with subsection (a) of this section is a violation of subdivision 352(a)(3) 352(3) of this title.

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§ 387. TRANSPORTATION OF HORSES; VEHICLES

* * *

(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision 352(a)(3) 352(3) of this title.

Sec. 12. 13 V.S.A. § 399 is amended to read;

§ 399. ABUSE; DISQUALIFICATION

* * *

(c) Excessive violation of either subsection (a) or (b) of this section shall be deemed a violation of subdivision 352(a)(2) 352(2) of this title.

Committee Vote: 6-0-0)

(No House amendments.)

ORDERED TO LIE

S. 280.

An act relating to transferring revenue from civil penalties for traffic violations to the criminal justice training council.

PENDING ACTION: Second reading of the bill.

H. 647.

An act relating to repealing the law that allows a minority of the citizens of a municipality to require that a municipal bylaw may be only amended upon obtaining a two-thirds vote in favor of the amendment.

PENDING ACTION: Second reading of the bill.

CONFIRMATIONS

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

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Michael R. Audet of Orwell – Member of the Vermont State Colleges Board of Trustees – By Senator Ankeney for the Committee on Education. (2/7)

Peter C. Brownell of Richmond – Member of the Vermont State Colleges Board of Trustees – By Senator Corrow for the Committee on Education. (2/7)

Aly Richards of Wells River – Member of the State Board of Education – By Senator McCormack for the Committee on Education. (2/13)

Matthew F. Valerio of Proctor – Defender General – By Senator Bloomer for the Committee on Judiciary. (3/12)

Michael D. Flaherty of South Burlington – Member of the Vermont Transportation Authority – By Senator Shumlin for the Committee on Transportation. (3/15)

Ronald F. Kilburn of Swanton – Member of the Vermont Transportation Authority – By Senator Ide for the Committee on Transportation. (3/15)

Kelly W. Boe of Middlebury – Member of the Solid Waste and Air quality Variance Board – By Senator Gossens for the Committee on Natural Resources and Energy. (3/19)

Jean Richardson of Ferrisburg – Member of the Environmental Board – By Senator Gossens for the Committee on Natural Resources and Energy. (3/19)

Patricia Smith of Sudbury – Member of the Current Use Advisory Board – By Senator Gossens for the Committee on Natural Resources and Energy. (3/19)

Christopher Recchia of Randolph – Commissioner of the Department of Environmental Conservation – By Senator McCormack for the Committee on Natural Resources and Energy. (3/19)

Bonnie Johnson-Aten of Montpelier – Member of the State Board of Education – By Senator Ankeney for the Committee on Education. (3/21)

Jill Broderick of East Burke – Alternate member of the Environmental Board – By Senator Canns for the Committee on Natural Resources and Energy. (4/4)

Richard T. Cassidy of South Burlington – Member of the Solid Waste and Air Quality Variance Board – By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)

Robert Darrow of Mendon – Member of the Current Use Advisory Board – By Senator Snelling for the Committee on Natural Resources and Energy. (4/4)

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Robert Darrow of Mendon – Member of the Current Use Advisory Board – By Senator Snelling for the Committee on Natural Resources and Energy. (4/4)

Tom Frazier of Roxbury – Member of the Current Use Advisory Board – By Senator Scott for the Committee on Natural Resources and Energy. (4/4)

Harold J. Howrigan, Jr. of Sheldon – Member of the Current Use Advisory Board – By Senator Canns for the Committee on Natural Resources and Energy. (4/4)

Nina Huffer of Chester – Member of the Current Use Advisory Board – By Senator McCormack for the Committee on Natural Resources and Energy. (4/4)

Nina Huffer of Chester – Member of the Current Use Advisory Board – By Senator McCormack for the Committee on Natural Resources and Energy. (4/4)

John McClain of Randolph – Member of the Current Use Advisory Board – By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)

John McClain of Randolph – Member of the Current Use Advisory Board – By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)

Gary Moore of Bradford – Member of the Connecticut River Valley Flood Control Commission – By Senator Canns for the Committee on Natural Resources and Energy. (4/4)

Timothy J. Morrissey of Morrisville – Member of the Current Use Advisory Board – By Senator Scott for the Committee on Natural Resources and Energy. (4/4)

Eva Morse of Calais – Member of the Current Use Advisory Board – By Senator Scott for the Committee on Natural Resources and Energy. (4/4)

Jan E. Peterson of Essex Junction – Member of the Vermont Citizens’ Advisory Council on Lake Champlain’s Future – By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)

Laura C. Simmers of South Burlington – Member of the Solid Waste and Air Quality Variance Board – By Senator Snelling for the Committee on Natural Resources and Energy. (4/4)

Richard Geisel of Newport – Member of the Children and Family Council for Prevention Programs – By Senator Chard for the Committee on Health and Welfare. (4/5)

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Norma McShane of Bennington – Member of the Children and Family Council for Prevention Programs – By Senator Chard for the Committee on Health and Welfare. (4/5)

Hilton H. Dier, Jr. of Middlebury – Member of the Human Services Board – By Senator Chard for the committee on Health and Welfare. (4/5)

Linda Johnson of Cabot – Member of the Children and Family Council for Prevention Programs – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Kreig Pinkham of Northfield – Member of the Children and Family Council for Prevention Programs – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Richard Smith of Montpelier – Member of the Children and Family Council for Prevention Programs – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Paul Winauski of Waterbury – Member of the Children and Family Council for Prevention Programs – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Robert C. Gaydos of Barre – Member of the Public Oversight Commission – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Glenn Gershaneck of Montpelier – Member of the Public Oversight Commission – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Gregory J. MacDonald of Berlin – Member of the Vermont Tobacco Evaluation Review Board – By Senator Doyle for the Committee on Health and Welfare. (4/5)

Martha Ide, R.N. of Peacham – Member of the Vermont Tobacco Evaluation & Review Board – By Senator Kittell for the Committee on Health and Welfare. (4/5)

Phyllis M. Soule of Fairfax – Member of the Human Services Board – By Senator Kittell for the Committee on Health and Welfare. (4/5)

Michael T. McAdoo of Williston – Member of the Children and Family Council for Prevention Programs – By Senator Lyons for the Committee on Health and Welfare. (4/5)

Brian S. Flynn of Shelburne – Member of the Vermont Tobacco Evaluation & Review Board – By Senator Lyons for the Committee on Health and Welfare. (4/5)

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Donald L. Hamlin of Essex Junction – Member of the State Board of Health – By Senator Lyons for the Committee on Health and Welfare. (4/5)

H. Charles Hill II of South Hero – Member of the State Board of Health – By Senator Lyons for the Committee on Health and Welfare. (4/5)

John E. Mazuzan of Burlington – Member of the State Board of Health – By Senator Lyons for the Committee on Health and Welfare. (4/5)

Anthony Williams of Burlington – Member of the State Board of Health – By Senator Lyons for the Committee on Health and Welfare. (4/5)

Virginia de G Russell of Brandon – Member of the Human Services Board – By Senator Campbell for the Committee on Health and Welfare. (4/5)

Elizabeth R. Dycus of Strafford – Member of the State Board of Health – By Senator Campbell for the Committee on Health and Welfare. (4/5)

Byron Hathorn of Fairlee – Member of the Vermont Transportation Authority – By Senator Ide for the Committee on Transportation. (4/12)

Sally Cavanagh of Middlesex – Commissioner of the Department of Tourism and Marketing – By Senator Greenwood for the Committee on General Affairs and Housing. (4/12)

Public Hearings

Wednesday, April 24, 2002 – Room 11 – 4:00-6:00 P.M. – Re: Nursing Shortage – Senate Committee on Health and Welfare.

Schedule for 2002 Session

April 22 – All money bills out of Senate and in Conference

These deadlines may be waived for any bill or committee only with the consent of the Committee on Rules.

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TABLE OF CONTENTSFriday, April 19, 2002

Consideration Postponed to Friday, April 19, 2002H. 629 Southeastern Vermont Career Education Center

Pending Question: Shall the bill be read the 3rd time? 1207

H. 758 Workers Compensation – electronic filing of reportsPending Question: Shall the bill be read the 3rd time? 1207Unfinished Business of Thursday, April 18, 2002

Second Reading – Favorable with Proposal of Amendment

H. 85 Medicare Supplemental Health InsuranceSen. Welch for Finance 1207

H. 708 High School Diplomas for VeteransSen. Corrow for Education 1208

Joint House Resolutions for ActionJ.R.H. 256 Congratulating Derek Knapp, Eagle Scout 1208J.R.H. 258 20th Anniv., Vietnam War Memorial 1208J.R.H. 259 In Memory of Clarence Birchmore 1208

NEW BUSINESSThird Reading

S. 298 Native American remains 1209H. 451 Telecommunications Relay Service Program 1209

Second Reading – Favorable H. 326 Recovery of municipal taxes from sale of mobile home

Sen. Bloomer for Judiciary 1209Second Reading – Favorable with Proposals of Amendment

H. 213 Pilot program for combating drug crimesSen. Bloomer for Judiciary 1209Sen. Sears for Appropriation 1211

H. 239 Financial Services Development CreditSen. Welch for Finance 1212

H. 357 Renewal of purchase contracts by School DistrictsSen. Maynard for Education 1215

H. 489 Roadside Dog SalesSen. Sears for Judiciary 1216

H. 522 Disclosure by Dept. of Developmental & Mental HealthSen. Leddy for Judiciary 1216

H. 679 Aggravated Cruelty to AnimalsSen. Illuzzi for Judiciary 1219

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Documents

AutoFill Template · Web viewAn act relating to high school diplomas for World War II, Korean conflict and Vietnam war veterans. Reported favorably with recommendation of proposal