House Calendar
TUESDAY, MAY 15, 2001
133rd DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until Tuesday, May 15, 2001
H. 196
An act relating to use value appraisal penalty.
Pending Question: Shall the bill be amended as recommended by Rep.
Winters et al?
Amendment to be offered by Reps. Winters of Williamstown, Howrigan
of Fairfield, Johnson of Canaan and Waite of Pawlet to H. 196
Move to amend the bill by inserting a new Sec. 3 to read as follows:
Sec. 3. 32 V.S.A. § 3757(a) is amended to read:
(a) Land which has been classified as agricultural land or managed forest
land pursuant to this chapter shall be subject to a land use change tax upon the
development of that land, as defined in section 3752 of this chapter. Said tax
shall be at the rate of 20 10 percent of the full fair market value of the changed
land determined without regard to the use value appraisal. If changed land is a
portion of a parcel, the fair market value of the changed land shall be the fair
market value of the changed land prorated on the basis of acreage, divided by
the common level of appraisal. Such fair market value shall be determined as
of the date the land is no longer eligible for use value appraisal. This tax shall
be in addition to the annual property tax imposed upon such property. Nothing
in this section shall be construed to require payment of an additional land use
change tax upon the subsequent development of the same land, nor shall it be
construed to require payment of a land use change tax merely because
previously eligible land becomes ineligible, provided no development of the
land has occurred.
(For text see House Journal May 9, 2001 - P. 1109-1111)
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Senate Proposal of Amendment
H. 144
An act relating to sex offender registration and community notification.
Pending Question: Shall the House concur in the Senate proposal of
amendment?
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. LEGISLATIVE INTENT
It is not the intention of the general assembly that this act create any new
duty for a member of the public to disclose any knowledge of information
contained in the sex offender registry.
Sec. 2. 13 V.S.A. § 5401 is amended to read:
§ 5401. DEFINITIONS
As used in this subchapter:
***
(10) “Sex offender” means:
***
(B) A person who is convicted of any of the following offenses
against a victim who is a minor, except that, for purposes of this subdivision,
conduct which is criminal only because of the age of the victim shall not be
considered an offense for purposes of the registry if the perpetrator is under the
age of 18:
(i) any offense listed in subdivision (A);
(ii) kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);
(iii) lewd and lascivious conduct with a child as defined in 13
V.S.A. § 2602;
(iv) white slave traffic as defined in 13 V.S.A. § 2635;
(v) sexual exploitation of children as defined in 13 V.S.A. chapter
64; or
(vi) procurement or solicitation as defined in 13 V.S.A.
§ 2632(a)(6); or
(vii) an attempt to commit any offense listed in this subdivision;
except that, for purposes of this subdivision, conduct which is criminal only
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because of the age of the victim shall not be considered a criminal offense if
the perpetrator is under the age of 18.
(C) A person who takes up residence within this state, other than
within a correctional facility, and who has been convicted in any jurisdiction of
the United States, including a state, territory, commonwealth, the District of
Columbia, or military, federal, or tribal court, for a sex crime the elements of
which would constitute a crime under subdivision (10)(A) or (B) of this section
if committed in this state.
(D) A nonresident sex offender who crosses into Vermont and who is
employed, carries on a vocation, or is a student.
***
(13) “Employed, carries on a vocation” includes employment that is
full-time or part-time for a period of time exceeding 14 days or for an
aggregate period of time exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of governmental or
educational benefit.
(14) “Student” means a person who is enrolled on a full-time or parttime basis in any public or private educational institution in Vermont,
including any secondary school, trade or professional institution, or institution
of higher learning.
(15) “Conviction” means a judgment of guilty following a verdict or
finding of guilt, a plea of guilty, a plea of nolo contendere, an Alford Plea, or a
judgment of guilt pursuant to a deferred sentence. A sex offender whose
sentence is deferred shall have no duty to register after successful completion
of the terms of the deferred sentence agreement for the duration specified in
the agreement.
Sec. 3. 13 V.S.A. § 5402 is amended to read:
§ 5402. SEX OFFENDER REGISTRY
***
(b) All information contained in the registry may be disclosed for any
purpose permitted under the law of the state, including the use by:
(1) local, state and federal law enforcement agencies exclusively for
lawful law enforcement purposes activities;
(2) state and federal governmental agencies for the exclusive purpose of
conducting confidential background checks;
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(3) any employer, including a school district, who is authorized by law
to request records and information from the Vermont criminal information
center, where such disclosure is necessary to protect the public concerning
persons required to register under this subchapter. The identity of a victim of
an offense that requires registration shall not be released; and
(4) a person identified as a sex offender in the registry for the purpose of
reviewing the accuracy of any record relating to him or her. The identity of a
victim of an offense that requires registration shall not be released.
***
Sec. 4. 13 V.S.A. § 5404 is amended to read:
§ 5404. REPORTING UPON RELEASE FROM CONFINEMENT OR
SUPERVISION
(a) Prior Upon receiving a sex offender from the court on a probationary
sentence or any alternative sentence under community supervision by the
department of corrections, or prior to releasing a sex offender from
confinement or supervision, the department of corrections shall forward to the
department the following information concerning the sex offender:
(1) an update of the information listed in subsection (a) of section 5403
of this title;
(2) the address upon release;
(3) conditions of release;
(4) name, address, and telephone number of any supervisory person the
local department of corrections office in charge of monitoring the sex offender,
including the sex offender’s probation or parole officer; and
(5) name, address, name of program and telephone number of any
counselor or therapist who will provide outpatient counseling to the sex
offender; and
(6)(4) documentation of any treatment or counseling received.
(b) The department of corrections shall notify the department within 24
hours of the time a sex offender changes his or her address and shall provide
the department with any updated information requested by the department.
(c) The information required to be provided by subsection (a) of this
section shall also be provided by the department of corrections to a sex
offender’s parole or probation officer within three days of the time a sex
offender is placed on probation or parole by the court or parole board.
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(d) Upon If it has not been previously submitted, upon receipt of the
information to be provided to the department pursuant to subsection (a) of this
section, the department shall immediately transmit the conviction data and
fingerprints to the Federal Bureau of Investigation.
Sec. 5. 13 V.S.A. § 5405 is amended to read:
§ 5405. COURT DETERMINATION OF SEXUALLY VIOLENT
PREDATORS
***
(e) After making a determination, the court shall issue a written decision
explaining the reasons for its determination and provide a copy of the decision
to the department within 10 days.
(f) After a period of ten years has passed from the date the person is no
longer under corrections supervision, a person designated as a sexually violent
predator may petition the court to remove the designation. If the court finds
that the petitioner has shown by clear and convincing evidence that he or she is
no longer a sexually violent predator, the court shall order the termination of
the designation. If the court does not order the termination of the designation,
the person may not petition the court again for removal of the designation for a
period of five years from the date of the last request.
Sec. 6. 13 V.S.A. § 5406 is amended to read:
§ 5406. DEPARTMENT OF CORRECTIONS DUTY TO PROVIDE
NOTICE
Upon receiving a sex offender from the court on a probationary sentence or
any alternative sentence under community supervision by the department of
corrections, or upon the release of a sex offender from prison a correctional
facility, the department of corrections shall do each of the following:
(1) inform the sex offender of the duty to register and keep the
registration current as provided in section 5407 of this title;
(2) inform the sex offender that if the sex offender changes residence to
another state, the sex offender shall notify the department of the new address
and shall also register with the designated law enforcement agency in the new
state not later than three days after establishing residence in the new state, if
the new state has a registration requirement; and
(3) require the sex offender to read and sign a form stating that the duty
of the sex offender to register under this section has been explained and is
understood. The registration form shall be sent to the department without
delay; and
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(4) inform the sex offender that if he or she crosses into another state for
purposes of employment, carrying on a vocation, or being a student, the sex
offender must notify the department of the new address, and shall register with
the designated law enforcement agency in the other state, if the other state has
a registration requirement.
Sec. 7. 13 V.S.A. § 5407 is amended to read:
§ 5407. SEX OFFENDER’S DUTY TO REPORT
(a) A sex offender shall report to the department as follows:
(1) if convicted of a registry offense in another state, within 10 days
after either establishing residence in this state or crossing into this state for
purposes of employment, carrying on a vocation, or being a student, if
convicted in another state, the sex offender shall provide the information listed
in subsection (a) of section 5403 of this title;
(2) annually within 10 days after each anniversary of the person’s date
of release, or within 10 days after the anniversary of the person’s date of
establishment of residence in Vermont, or crossing into this state for purposes
of employment, carrying on a vocation, or being a student, if convicted
elsewhere, except, if a person is determined to be a sexually violent predator,
that person shall report to the department every 90 days; and
(3) within three days after any change of address.
(b) If a sex offender changes residence to another state, or crosses into
another state for purposes of employment, carrying on a vocation, or being a
student, the sex offender shall notify the department of the new address and
shall also register with the designated law enforcement agency in the new state
not later than three days after establishing residence in the new state, if the new
state has a registration requirement.
(c) Upon a sex offender’s change of residence to another state, the
department shall immediately notify the designated law enforcement agency in
the new state, if the new state has a registration requirement.
(d) The report required by this section shall include the information
required by sections 5303 5403 and 5304 5404 of this chapter.
(e) All reporting requirements under this section, except for sexually
violent predators, shall cease 10 years after the sex offender is released from
prison or discharged from probation or parole, whichever is later. The 10-year
period shall not be affected or reduced in any way by the actual duration of the
offender’s sentence as imposed by the court, nor shall it be reduced by the sex
offender’s release on parole or ending of probation or other early release.
Except as provided for in subsection (f) of this section, a person required to
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register as a sex offender under this subchapter shall continue to comply with
this section, except during periods of incarceration, until 10 years have elapsed
since the person was released from prison or discharged from parole,
supervised release, or probation, whichever is later. The 10-year period shall
not be affected or reduced in any way by the actual duration of the offender’s
sentence as imposed by the court, nor shall it be reduced by the sex offender’s
release on parole or ending of probation or other early release.
(f) A person required to register as a sex offender under this subchapter
shall continue to comply with this section for the life of that person, except
during periods of incarceration, if that person:
(1) has at least one prior conviction for an offense described in
subdivision 5401(10) of this subchapter or a comparable offense in another
jurisdiction of the United States;
(2) has been convicted of a sexual assault as defined in section 3252 of
this title or aggravated sexual assault as defined in section 3253 of this title;
however, if a person convicted under section 3252 is not more than six years
older than the victim of the assault and if the victim is 14 years or older, then
the offender shall not be required to register for life if the age of the victim was
the basis for the conviction; or
(3) has been determined to be a sexually violent predator pursuant to
section 5405 of this subchapter.
(g) The department shall adopt forms and procedures for the purpose of
verifying the addresses of persons required to register under this subchapter in
accordance with the requirements set forth in section (b)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act. Every 90 days for sexually violent predators and annually
for other registrants, the department shall verify addresses of registrants by
sending a nonforwardable address verification form to each registrant at the
address last reported by the registrant. The registrant shall be required to sign
and return the form to the department within 10 days of receipt.
Sec. 8. 13 V.S.A. § 5409 is amended to read:
§ 5409. PENALTIES
A sex offender who knowingly fails to comply with any provision of this
subchapter shall:
(1) For the offense of failure to submit to the identification, registration,
or notification provisions of this subchapter, be Be imprisoned for not more
than two years or fined not more than $1,000.00, or both. A sentence imposed
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under this subdivision shall run consecutively to any sentence being served by
the sex offender at the time of sentencing.
(2) For the second or subsequent offense of failure, by a sexually violent
predator, to submit to the identification, registration, or notification provisions
of this subchapter, be imprisoned not more than three years or fined not more
than $5,000.00, or both. A sentence imposed under this subdivision shall run
consecutively to any sentence being served by the sex offender at the time of
sentencing.
Sec. 9. 13 V.S.A. § 5411 is amended to read:
§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT AND
LOCAL COMMUNITY
(a) Upon receiving a sex offender’s registration materials from the
department of corrections, notification that a nonresident sex offender has
crossed into Vermont for the purpose of employment, carrying on a vocation,
or being a student, or a sex offender’s release or change of address, including
changes of address which involve taking up residence in this state, the
department shall immediately notify the local law enforcement agency of the
following information, which may be used only for lawful law enforcement
purposes activities:
(1) name;
(2) general physical description;
(3) nature of offense;
(4) sentence;
(5) conditions of release;
(6) the fact that the registry has on file additional information, including
the sex offender’s photograph and fingerprints; and
(7)(6) current employment.
(b) The department of public safety, the department of corrections and any
local law enforcement agency authorized by the department of public safety,
shall release relevant registry information necessary to protect the public
concerning persons required to register under state law if the requestor can
articulate a specific concern about the requestor’s personal safety or the safety
of the requestor’s family. However, the identity of a victim of an offense shall
not be released.
***
Sec. 10. 13 V.S.A. § 5414 is added to read:
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§ 5414. PARTICIPATION IN NATIONAL SEX OFFENDER
REGISTRATION
The department will participate in the National Sex Offender Registry
Program managed by the Federal Bureau of Investigation in accordance with
guidelines issued by the U.S. Attorney General, including transmission of
current address information and other information on registrants to the extent
provided by the guidelines.
Sec. 11. 13 V.S.A. § 3256 is added to read:
§ 3256. TESTING FOR INFECTIOUS DISEASES
(a) The victim of an offense involving a sexual act may obtain an order
from the district or family court in which the offender was convicted of the
offense, or was adjudicated delinquent, requiring that the offender be tested for
the presence of the etiologic agent for acquired immune deficiency syndrome
(AIDS) and other sexually-transmitted diseases, including gonorrhea, herpes,
chlamydia, and syphilis. If requested by the victim, the state’s attorney shall
petition the court on behalf of the victim for an order under this section. For
the purposes of this section, “offender” includes a juvenile adjudicated a
delinquent.
(b) For purposes of this section, “sexual act” means a criminal offense:
(1) where the underlying conduct of the offender constitutes a sexual act
as defined in section 3251 of this title; and
(2) which creates a risk of transmission of the etiologic agent for AIDS
to the victim as determined by the federal Centers for Disease Control and
Prevention.
(c) If the court determines that the offender was convicted or adjudicated of
a crime involving a sexual act with the victim, the court shall order the test to
be administered by the department of health in accordance with applicable law.
If appropriate under the circumstances, the court may include in its order a
requirement for follow-up testing of the offender. An order for follow-up
testing shall be terminated if the offender’s conviction is overturned. A sample
taken pursuant to this section shall be used solely for purposes of this section.
All costs of testing the offender shall, if not otherwise funded, be paid by the
department of public safety.
(d) The results of the offender’s test shall be disclosed only to the offender
and the victim.
(e) If an offender who is subject to an order pursuant to subsection (c) of
this section refuses to comply with the order, the victim, or state’s attorney on
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behalf of the victim, may seek a civil contempt order pursuant to chapter 5 of
Title 12.
(f) After arraignment, a defendant who is charged with an offense
involving a sexual act may offer to be tested for the presence of the etiologic
agent for acquired immune deficiency syndrome (AIDS) and other sexuallytransmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis.
Such testing shall follow the same procedures set forth for testing an offender
who is subject to an order pursuant to subsection (c) of this section. The
defendant’s offer to be tested after arraignment shall not be used as evidence at
the defendant’s trial. If the defendant is subsequently convicted of an offense
involving a sexual act, the court may consider the offender’s offer for testing
as a mitigating factor.
(g) Upon request of the victim at any time after the commission of a crime
involving a sexual act under subsection (b) of this section, the state shall
provide any of the following services to the victim:
(1) counseling regarding human immunodeficiency virus (HIV);
(2) testing, which shall remain confidential unless otherwise provided
by law, for HIV and other sexually-transmitted diseases, including gonorrhea,
herpes, chlamydia, and syphilis;
(3) counseling by a medically-trained professional on the accuracy of
the testing, and the risk of transmitting HIV and other sexually-transmitted
diseases to the victim as a result of the crime involving a sexual act; and
(4) prophylaxis treatment, crisis counseling, and support services.
(h) A victim who so requests shall receive monthly follow-up HIV testing
for six months after the initial test.
(i) The state shall provide funding for HIV or AIDS, or both, and sexual
assault cross-training between sexual assault programs and HIV and AIDS
service organizations.
(j) The record of the court proceedings and test results pursuant to this
section shall be sealed.
(k) The court administrator’s office shall develop and distribute forms to
implement this section in connection with a criminal conviction or adjudication
of delinquency.
(l) The center for crime victims services shall be the primary coordinating
agent for the services to be provided in subsections (g), (h) and (i) of this
section.
Sec. 12. FUNDING
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Beginning in state fiscal year 2002, and continuing annually, the department
of public safety shall reimburse the center for crime victims services for costs
of any services under 13 V.S.A. § 3256(e), (f) and (g) in an amount up to
$175,000.00, exclusive of any general funds or federal funds specifically
appropriated for HIV and AIDS services and prevention. The center for crime
victims services shall use these funds in accordance with a plan developed by a
committee consisting of a representative each from the Vermont center for
crime victims services, the Vermont network against domestic violence and
sexual assault, and the HIV-positive public policy project, with the cooperation
and advice of the department of public safety and the department of health. In
the event that the cost of such services exceeds $175,000.00, the department of
public safety shall continue to provide funding support and present any
resulting funding shortfall to the general assembly as part of the budget
adjustment process.
Sec. 13. REPORTS
(a) On or before January 31 each year, the commissioner of the department
of public safety shall report to the Senate and House Committees on Judiciary
and on Appropriations the identity of each Byrne Grant recipient and the
amount distributed to each one. The report shall specify the identity of and the
amount received by each Byrne Grant recipient who was awarded funds as a
consequence of Sec. 11 of this act.
(b) On or before January 31, 2002, the executive director of the center for
crime victims services shall report to the Senate and House Committees on
Judiciary and on Appropriations an analysis of the programmatic and fiscal
impact of Secs. 11 and 12 of this act. This report shall include the following:
(1) The numbers of victims of an offense involving a sexual act:
(A) who are referred for HIV testing;
(B) who are tested for HIV;
(C) who seek related benefits through the victim’s compensation
program;
(D)
services; and
who request preventative treatment or other related health
(2) The cost of providing the services described in subdivisions (1)(A),
(B), (C) and (D) of this subsection.
(c) On or before January 15, 2003, the commissioner of the department of
corrections shall report to the Senate and House Committees on Judiciary any
findings, conclusions, or recommendations regarding the department’s and
offenders’ compliance with this section and Secs. 11 and 12 of this act.
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Sec. 13a. 13 V.S.A. § 2632(a) is amended to read:
§ 2632. PROHIBITED ACTS
(a) A person shall not:
***
(6) Procure or solicit or offer to procure or solicit a female person for
the purpose of prostitution, lewdness or assignation;
***
Sec. 13b. 13 V.S.A. § 2635 is amended to read:
§ 2635. WHITE SLAVE TRAFFIC
(a) A person shall not:
(1) Induce, entice or procure a female person to come into the state or to
go from the state for the purpose of prostitution or for any immoral purpose or
to enter a house of prostitution in the state;
(2) Wilfully or knowingly aid such female person in obtaining
transportation to or within the state for such purposes;
(3) Place a female person in the charge or custody of another person for
immoral purposes or in a house of prostitution;
(4) Induce, entice, procure or compel such female person to reside in a
house of prostitution; or
(5) Induce, entice, procure or compel such female person to live a life of
prostitution.
Sec. 13c. 13 V.S.A. § 2636(a) is amended to read:
§ 2636. UNLAWFUL PROCUREMENT
(a) A person shall not:
(1) Induce, entice, procure or compel a female person, for the purpose of
prostitution or for any other immoral purpose, to enter a house of prostitution;
(2) Receive money or other valuable consideration for or on account of
placing a female person in a house of prostitution for the purpose of causing
her to cohabit with a male person to whom she is not married;
(3) Pay money or other valuable consideration to procure a female
person for the purpose of placing her such person for immoral purposes in a
house of prostitution, with or without her the person’s consent; or
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(4) Knowingly receive money or other valuable thing for or on account
of procuring or placing a female person in a house of prostitution for immoral
purposes, with or without her the person’s consent.
Sec. 13d. 13 V.S.A. § 2637(a) is amended to read:
§ 2637. APPROPRIATING OR LEVYING UPON EARNINGS OF
PROSTITUTE
(a) A person shall not:
(1) Hold, detain or restrain a female person in a house of prostitution for
the purpose of compelling such female person, directly or indirectly, by her the
person’s voluntary or involuntary service or labor, to pay, liquidate, or cancel a
debt, dues or obligations incurred or claimed to have been incurred in such
house of prostitution; or
(2) Accept, receive, levy or appropriate money or other valuable thing
from the proceeds or earnings of a female person engaged in prostitution.
Sec. 14. EFFECTIVE DATE
(a) Sections 1 through 10 of this act shall take effect on September 1, 2001
and shall not have any retroactive application.
(b) Sections 11 through 13d and this section shall take effect on passage.
and that upon passage, the title be amended to read: “An Act Relating to Sex
Offenders”
(For text see House Journal 3/21/01, P. 475; 3/22/01, P. 597)
J. R. H. 115
Joint resolution in memory of Joan Bauer.
Pending Question: Shall the House adopt the resolution?
(For text see House Journal May 2, 2001 - P. 1008-9)
NEW BUSINESS
Third Reading
H. 142
An act relating to the child passenger safety law.
Amendment to be offered by Rep. Fisher of Lincoln to H. 142
Moves to amend the bill in Sec. 1, on page 3, by inserting a new (e) to
read as follows:
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(e) The operator of a motor vehicle who receives a ticket for a first-time
failure to comply with the provisions of this section, based on the lack of the
required child restraint system in the motor vehicle, shall not be required to
pay the fine associated with the ticket provided that within 72 hours of
receiving the ticket the issuing department receives proof that the owner of the
motor vehicle has purchased and installed the required child restraining device.
Senate Proposal of Amendment
H. 495
An act relating to regional technical centers.
The Senate proposes to the House to amend the bill as follows:
First: In Sec. 1, subsection (a), by striking out subdivision (3) in its entirety
and by renumbering subdivision (4) to be subdivision (3).
Second: By striking out Sec. 2 in its entirety
Third: In Sec. 4, in 16 V.S.A., by adding two new sections, §1578 and
§1579, to read as follows:
§ 1578. REGIONAL TECHNICAL CENTER SCHOOL DISTRICT
MEETINGS
The checklist for a regional technical center school district and records of
proceedings shall be made and maintained in the same manner as those
functions are carried out in a union school district under sections 706u and
706v of this title.
§ 1579. INCURRING DEBT
(a) If authorized by a majority of the qualified voters voting on the question
in accordance with this section, a regional technical center school district may
incur indebtedness for improvements or the acquisition of capital assets for the
purposes for which the district is established as provided in this chapter.
(b) Each town school district, incorporated school district, unified union
school district and city school district within the regional technical center
school district shall vote on a decision to incur indebtedness for improvements
as provided by chapter 53, subchapter 1 of Title 24. The vote shall be
determined by Australian ballot or voting machine on the same day and during
the same hours at each regular polling place in each town school district,
incorporated school district, unified union school district and city school
district within the regional technical center school district. Absentee voting in
accordance with chapter 51, subchapter 6 of Title 17 shall be permitted. The
board of civil authority of each town within the regional technical center
school district shall be responsible for determining the eligibility of persons to
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vote, the supervision of the election and the transportation of ballots in its
district to a central point designated by the governing board of the regional
technical center school district. The ballots shall be commingled. Counting of
ballots by representatives of the boards of civil authority of the towns in the
regional technical center school district shall be supervised by the regional
technical center school district clerk or his or her designee.
(c) Obligations incurred under chapter 53, subchapter 1 of Title 24 shall be
the joint and several obligations of the regional technical center school district
and of each of the town school districts, incorporated school districts, the
member towns of unified union school districts and city school districts within
the technical center region. Any joint or several liability incurred by a town
school district, incorporated school district, the member towns of a unified
union school district or city school district within the technical center region
under the provisions of this subchapter shall not be considered in determining
its debt limit for its own separate purposes.
Fourth: By adding a new section to be numbered Sec. 5 to read as follows:
Sec. 5. 16 V.S.A. § 3447 is amended to read:
§ 3447. SCHOOL BUILDING CONSTRUCTION–STATE BONDS; CITY
AS SCHOOL DISTRICT
The state treasurer may issue bonds under chapter 13 of Title 32 in such
amount as may from time to time be appropriated to assist incorporated school
districts, joint contract school districts, town school districts, union school
districts, regional technical center school districts and independent schools
meeting public school standards which serve as the public high school for one
or more towns or cities, or combination thereof, and which both receive their
principal support from public funds and are conducted within the state under
the authority and supervision of a board of trustees, not less than two-thirds of
whose membership is appointed by the selectboard of a town or by the city
council of a city or in part by such selectboard and the remaining part by such
council under the conditions and for the purpose set forth in sections 34473456 of this title. A city shall be deemed to be an incorporated school district
within the meaning of sections 3447-3456 of this title.
And by renumbering all sections of the bill to be numerically correct.
For Action Under Rule 52
J. R. H. 130
Joint resolution urging that the federal government thoroughly review and
work to mitigate the economic impact of the recent rise in gasoline prices
(For text see House Journal May 11, 2001)
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Action Postponed Until Wednesday, May 16, 2001
J. R. H. 114
Joint resolution honoring the 2000-2001 Vermont recipients and designated
alternate recipients of the William Randolph Hearst scholarships.
Pending Question: Shall the House adopt the resolution?
NOTICE CALENDAR
Committee Bill for Second Reading
H. 502
An act relating to reciprocal partnerships.
(Rep. Flory of Pittsford will speak for the Committee on Judiciary.)
Amendment to be offered by Rep. Hall of Newport City to H. 502
Moves to amend the bill by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. REPEAL
(a) Secs. 4 (Jurisdiction), 6 through 16 (Vital Records; Forms of
Certificates; Returns; Tables; Family Court Clerks; Divorce Returns;
Unorganized Towns and Gores; Vital Records Published in Town Reports;
Preservation of Data; Town Clerk; Recording and Indexing Procedures;
Nonresidents; Certified Copies; Report of Statistics; Penalty; and Town Clerk
to Provide General Index; Marriages and Civil Unions), 19 (Town Clerks), 20
(Department of Taxes; Definitions), 22 (Estate and Gift Taxes; Purpose), 23
(Exemptions; Property Tax), 24 (Marriage Contracted While One In Force), 31
(Making, Revoking and Objecting to Anatomical Gifts, by Others), 33
(Execution and Witnesses), 34 (Execution and Witnesses), 35 (Patients’ Bill of
Rights; Adoption), 36 (Nursing Home Residents’ Bill of Rights),
37 (Resident’s Representative), 38 (Definition; Abuse Prevention), and
40 (Vermont Civil Union Review Commission) of No. 91 of the Acts of the
1999 Adjourned Session (2000), An Act Relating to Civil Unions, are
repealed, and the provisions of the Vermont Statutes Annotated amended by
those sections of No. 91 of the Acts of the 1999 Adjourned Session (2000)
shall revert to the language contained in those provisions in effect prior to the
enactment of No. 91.
(b) Secs. 1 (Legislative Findings), 2 (Purpose), 3 (Civil Unions), 5 (Civil
Unions; Records and Licenses), 17 (Unfair Discrimination Between Married
Couples and Parties to a Civil Union), 18 (Coverage for Civil Unions), 21
(Income Taxation of Parties to a Civil Union), 29 (Reciprocal Beneficiaries),
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30 (Hospital Visitation Policies; Reciprocal Beneficiary), 38 (Abuse
Prevention; Definition of Family), 39 (Construction), 40 (Vermont Civil Union
Review Commission), and 41 (Severability) of No. 91 of the Acts of the 1999
Adjourned Session (2000), An Act Relating to Civil Unions, are repealed.
Sec. 2. 15 V.S.A. § 8 is amended to read:
§ 8. MARRIAGE DEFINITION; PROHIBITION OF SAME-SEX
MARRIAGE AND SAME-SEX SEXUAL UNIONS
(a) Marriage is the legally recognized union of one man and one woman.
(b) A man shall not marry another man.
(c) A woman shall not marry another woman.
(d) A sexual union between same sex couples shall not be legally
recognized or given any legal status in Vermont. Such same-sex sexual unions
are declared to be health hazards, contrary to public policy, and in violation of
Chapter II, Section 68 of the Vermont Constitution which states, in part, that
“[l]aws for the encouragement of virtue and prevention of vice and immorality
ought to be constantly kept in force, and duly executed…”.
and that upon passage, the title be amended to read: “An Act Relating to
Repeal of Civil Unions and Reciprocal Beneficiaries’ Relationships;
Restoration of Marriage and Family Law Prior to No. 91 of the Acts of the
1999 Adjourned Session (2000); Retention of Amendments to Marriage and
Family Law; Definition of Marriage and Prohibition of Same-Sex Sexual
Unions”
Amendment to be offered by Reps. Sheltra of Derby, Haas of Rutland
City and Randall of Bradford to H. 502
Move to amend the bill by striking all after the enacting clause and inserting
in lieu thereof the following:
Sec. 1. SHORT TITLE
This act may be referred to and cited as “The Marriage Restoration Act.”
Sec. 2. REPEAL
No. 91 of the Acts of the 1999 Adjourned Session (2000), an act relating to
civil unions, is repealed in its entirety. A civil union or reciprocal beneficiaries
relationship established pursuant to the act shall be void.
Sec. 3. 15 V.S.A. § 8a is added to read:
§ 8a. SAME-SEX SEXUAL UNIONS
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A sexual union between same sex couples shall not be legally recognized or
given any legal status in Vermont. Such same-sex sexual unions are declared
to be health hazards, contrary to public policy, and in violation of Chapter II,
Section 68 of the Vermont Constitution which states, in part, that “[l]aws for
the encouragement of virtue and prevention of vice and immorality ought to be
constantly kept in force, and duly executed…”.
Favorable with Amendment
S. 67
An act relating to motor vehicle registrations and tail lamps.
Rep. Schiavone of Shelburne, for the Committee on Transportation,
recommends that the House propose to the Senate that the bill be amended as
follows:
First: By striking out Sec. 3 and inserting in lieu thereof a new Sec. 3 to
read as follows:
Sec.3. 23 V.S.A. § 327 is amended to read:
§ 327. REFUND WHEN PLATES NOT USED
(a) The commissioner may cancel the registration of a motor vehicle,
snowmobile or motorboat when the owner, within a period of thirty days from
the date of issue, returns the number plates, if any, validation sticker (if issued
for that year) and registration certificate issued to him or her and proves to the
commissioner's satisfaction that the number plates have not been used or
attached to a motor vehicle, or that the current validation sticker has not been
affixed to the plate or to the snowmobile or motorboat. Upon cancellation of
the registration, the commissioner shall certify to the commissioner of finance
and management the fact of the cancellation, and the commissioner of finance
and management shall issue his or her warrant in favor of the owner for the full
amount of the fee paid, less a charge of $5.00.
(b) Notwithstanding subsection (a) of this section, the commissioner may
cancel the registration of a motor vehicle when the owner returns the number
plates, validation sticker, if issued for that year, and registration certificate
prior to the beginning of the registration period. The validation stickers may
be affixed to the plates.
Upon cancellation of the registration, the
commissioner shall certify to the commissioner of finance and management the
fact of the cancellation, and the commissioner of finance and management
shall issue his or her warrant in favor of the owner for the full amount of the
fee paid, less a charge of $5.00.
Subject to the conditions set forth in subdivisions (1), (2), and (3) of this
section, the commissioner may cancel the registration of a motor vehicle,
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snowmobile, or motor boat when the owner returns the number plates, if any,
the validation sticker if issued for that year, and the registration certificate to
the commissioner. Upon cancellation of the registration, the commissioner
shall notify the commissioner of finance and management who shall issue a
refund as follows:
(1) For registrations which are cancelled prior to the beginning of the
registration period, the refund is the full amount of the fee paid, less a fee of
$5.00. The validation stickers may be affixed to the plates.
(2) For registrations which are cancelled within 30 days of the date of
issue, the refund is the full amount of the fee paid, less a charge of $5.00. The
owner must prove to the commissioner’s satisfaction that the number plates
have not been used or attached to a motor vehicle, or that the current validation
sticker has not been affixed to the plate or to the snowmobile or motorboat.
(3) For registrations which are cancelled prior to the beginning of the
second year of a two-year registration period, the refund is one-half of the full
amount of the two-year fee paid, less a charge of $5.00. The validation
stickers may be affixed to the plates.
Second: By striking out Sec. 4 and inserting in lieu thereof a new Sec. 4 to
read as follows:
Sec. 4. 23 V.S.A. § 367(f) is amended to read:
(f)(1) The annual fee for registration of a farm truck of a total weight,
determined as provided in subsection (a) of this section, used only for the
transportation of agricultural products produced on, and material to be used in
connection with the operation of, a farm or farms owned, operated or occupied
by the registrant, or motor trucks which are agricultural custom service
vehicles as defined in subdivision 4(68) of this title shall be $40.00 if the total
weight is less than 18,000 pounds. If the gross weight is at least 18,000 pounds
but is less than 35,000 pounds, the fee shall be $61.00. If the gross weight is at
least 35,000 pounds but does not exceed 55,000 60,000 pounds, the fee shall
be $115.00. If the gross weight exceeds 60,000 pounds but does not exceed
80,000 pounds, the fee shall be $182.50.
(2) In the event that a farm truck or agricultural custom vehicle so
registered is thereafter registered for general use during the same registration
year, the fee or a pro rata portion thereof shall be applied toward the fee for
general registration. The provisions of this paragraph subdivision shall not
apply to licensed cattle and poultry dealers.
Third: By adding a new Sec. 7 to read as follows:
Sec. 7. 23 V.S.A. § 1125 is amended to read:
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§ 1125. OBSTRUCTING WINDSHIELDS
(a) A Except as otherwise provided, a person shall not paste, stick or paint
advertising matter or other things on or over any transparent part of a motor
vehicle windshield, vent windows or side windows located immediately to the
left and right of the driver operator, except in a space not over four inches high
and twelve 12 inches long in the lower right hand corner of the windshield, or
in such space as the commissioner of motor vehicles may specify for location
of any sticker required by governmental regulation, and further shall not hang
any object other than a rear view mirror in back of the windshield of a motor
vehicle. Vehicles operated by persons employed by federal, state, or local
government and persons operating authorized emergency vehicles may place
any necessary equipment in back of the windshield of the vehicle, provided the
equipment does not interfere with the operator’s control over the driving
mechanism of the vehicle.
(b) The rear side windows and the back window only may be obstructed,
provided only if the motor vehicle is equipped on each side thereof with a
securely attached mirror, securely attached thereto and placed in such a
position as to afford which provides the driver, while driving, operator with a
clear view of the roadway in the rear and on both sides of the motor vehicle
and of any vehicle approaching from the rear.
Fourth: By adding a new Sec. 8 to read as follows:
Sec. 8. 23 V.S.A. § 3302 is amended to read:
§ 3302. DEFINITIONS
As used in this chapter, unless the context clearly requires a different
meaning:
***
(10) “Racing shell or rowing scull” means a manually propelled vessel
that is recognized by national or international racing associations for use in
competitive racing, and one in which all occupants row or scull, with the
exception of a coxswain, if one is provided, and is not designed to carry and
does not carry any equipment not solely for competitive racing.
(10)(11) "Sailboard" means a sailboat whose unsupported mast is
attached to a surfboard-like hull by a flexible joint.
(11)(12) "Vessel" means every description of watercraft, other than a
seaplane on the water or a racing shell or rowing scull occupied exclusively by
persons over 12 years of age, used or capable of being used as a means of
transportation on water.
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(12)(13) "Waste" means effluent, sewage or any substance or material,
liquid, gaseous, solid or radioactive, including heated liquids, whether or not
harmful or deleterious to waters of this state.
(13)(14) "Waters of this state" means any waters within the territorial
limits of this state.
and by renumbering all Secs. to be numerically correct
(Committee vote: 11-0-0)
No Senate amendments
Committee Relieved
H. 8
An act relating to exempting from the sign law certain agriculture-related
signs.
Pending Question: Shall the bill be read a third time?
(For text see House Journal May 8, 2001 - P. 1093)
Amendment to be offered by Rep. Zuckerman of Burlington to H. 8.
Move to amend the bill by striking all after the enacting clause and inserting
in lieu thereof the following:
Sec. 1. 10 V.S.A. § 494(12) is amended to read:
§ 494. EXEMPT SIGNS
The following signs are exempt from the requirements of this chapter
except as indicated in section 495 of this title:
***
(12) Directional Up to two temporary seasonal, agricultural directional
signs, subject to regulations promulgated by the bureau of public roads per
highway, with a total surface area not to exceed 4 square feet eight square feet
providing directions to places of business offering for sale agricultural
products harvested or produced on the premises where the sale is taking place ,
a substantial proportion of which are Vermont agricultural products as defined
by the “commissioner’s choice” Vermont seal of quality program, or
announcing one or more agricultural activities, or agriculture-related special
events or festivals, provided that those activities, events, or festivals are
conducted on one or more farm sites. The signs shall be located no less than
10 feet from the edge of the maintained surface of the highway, whether the
surface is paved or not. The highest point of the signs shall not exceed six feet
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in height above the highway surface. The signs shall not create a hazard for
the traveling public.
Sec. 2. 10 V.S.A. § 495(d) is amended to read:
(d) Notwithstanding any other provisions of this title, a person, firm, or
corporation shall not erect or maintain any outdoor advertising structure,
devise or display with the limits of the highway right-of-way; however this
limitation shall not apply to the signs and devices referred to in subdivision
subdivisions 494(1), (2), (3), (6), (7), (10), (12), (14) and (17) of this title.
Sec. 3. EFFECTIVE DATE
This act shall take effect upon passage.
INFORMATION NOTICE
The following items were recently received by the Joint Fiscal Committee:
JFO #1978 – Donation of 200 out-of service utility poles from Verizon to
the Department of Buildings and General Services. These poles are valued at
$40,000 and will be used in constructing a backstop at the Fire and Police
Training Academy firing range located in Pittsford. [JFO received 05/10/01]
JFO #1979 - $599,543 grant from the U.S. Department of Health, Centers
for Disease Control and Prevention to the Department of Health. This five
year grant will support a statewide system of early hearing loss detection,
intervention and tracking at birth hospitals, outpatient facilities and through the
Hearing Outreach Project. Joint Fiscal Committee approval is being requested
for one (1) limited service sponsored position – Administrative Assistant A –
for the duration of the grant. [JFO received 05/10/01]
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