Senate Calendar
THURSDAY, MARCH 29, 2001
86th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
CALLED UP
Second Reading
Favorable
S. 193.
An act relating to mandatory blood tests for persons involved in fatal or
serious accidents.
Reported favorably by Senator Bloomer for the Committee on Judiciary.
(Committee vote: 5-0-1)
AMENDMENT TO S. 193 TO BE OFFERED BY SENATOR BLOOMER
ON BEHALF OF THE COMMITTEE ON JUDICIARY
Senator Bloomer, on behalf of the Committee on Judiciary, moves to amend
the bill by striking out all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1. 23 V.S.A. § 1202 is amended to read:
§ 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOOD
ALCOHOL CONTENT
***
(b) If the person refuses to submit to an evidentiary test it shall not be
given, except as provided in subsection (f) of this section, but the refusal may
be introduced as evidence in a criminal proceeding.
***
(d) At the time a test is requested, the person shall be informed of the
following statutory information:
(1) Vermont law authorizes a law enforcement officer to request a test to
determine whether the person is under the influence of alcohol or other drug.
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(2) If the officer's request is reasonable and testing is refused, the
person's license or privilege to operate will be suspended for at least six
months.
(3) If a test is taken and the results indicate that the person is under the
influence of alcohol or other drug, the person will be subject to criminal
charges and the person's license or privilege to operate will be suspended for at
least 90 days.
(4) A person who is requested by a law enforcement officer to submit to
an evidentiary test or tests has the limited right to consult an attorney before
deciding whether or not to submit to such a test or tests. The person must
decide whether or not to submit to the evidentiary test or tests within a
reasonable time and no later than 30 minutes from the time of the initial
attempt to contact the attorney regardless of whether a consultation took place.
The person also has the right to have additional tests made by someone of the
person's own choosing at the person's own expense. The person shall also be
informed of the location of one or more facilities available for drawing blood.
(5) A person who is requested by a law enforcement officer to submit to
an evidentiary test administered with an infrared breath-testing instrument may
elect to have a second infrared test administered immediately after receiving
the results of the first test.
(6) If the person refuses to take an evidentiary test, the refusal may be
offered into evidence against the person at trial and, whether or not a search
warrant is sought under subsection (f) of this section. The person may be
charged with the crime of criminal refusal if the person:
(A) has previously been convicted of a violation of section 1201 of
this title or is involved in an accident or collision resulting in serious bodily
injury or death to another, the person may be charged with the crime of
criminal refusal.; or
(B) is involved in an accident or collision resulting in serious bodily
injury or death to another, in which case the court may issue a search warrant
and order the person to submit to a blood test, the results of which may be
offered into evidence against the person at trial.
Sec. 2. 23 V.S.A. § 1205 is amended to read:
§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE
***
(e) Effective date of suspension.
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(1) First offense. Unless a hearing is requested, a suspension under this
section of the license of a person who the officer has reasonable grounds to
believe violated section 1201 of this title a first time becomes effective on the
eleventh day after the person receives notice or is deemed to have received
notice under subsection (c) of this section. If a hearing is requested, a
suspension shall not become effective unless the court orders a suspension
after hearing as provided in this section.
(2) Second or subsequent offense. A suspension of a person’s license
under this section of the license of a person who has previously been convicted
of a violation of section 1201 of this title and who the officer has reasonable
grounds to believe has violated section 1201 of this title shall become effective
on the eleventh day after the person receives notice or is deemed to have
received notice under subsection (c) of this section if:
(A) the officer has reasonable grounds to believe the person has
violated section 1201 of this title; and
(B) after July 1, 1991, the person has:
(i) had his or her operator’s license suspended pursuant to this
section; or
(ii) been convicted of a violation of section 1201 of this title.
***
(j) Venue and conduct of hearings. Venue for proceedings under this
section shall be in the territorial unit of the district court where the offense is
alleged to have occurred. Hearings under this section shall be summary
proceedings conducted by the district court without a jury and shall be subject
to the District Court Civil Rules only as consistent with this section. The state
has the burden of proof by a preponderance of the evidence. Affidavits of law
enforcement officers and, chemists or any other witness of either party shall be
admissible evidence which may be rebutted by witnesses called by either party.
The affidavits shall be delivered to the other party at least five days prior to the
hearing.
***
Unfinished Business of Tuesday, March 27, 2001
Second Reading
Favorable with Recommendation of Amendment
S. 151.
An act relating to abandoned motor vehicles.
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Reported favorably with recommendation of amendment by Senator
Shumlin for the Committee on Transportation.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 23 V.S.A. chapter 21, subchapter 7 is added to read:
Subchapter 7. Abandoned Motor Vehicles
§ 2150. ABANDONED MOTOR VEHICLES; DEFINED
(a) A motor vehicle shall be presumed to be an abandoned motor vehicle
under any of the following circumstances:
(1) The vehicle has remained on public or private property or on or
along a highway without the consent of the owner or person in control of the
property for more than 48 hours and has a valid registration plate and
identifiable vehicle identification number.
(2) The vehicle has been left on private property or along a highway or
other public property and does not have a valid registration plate or
ascertainable vehicle identification number.
(b) Construction equipment. Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways or public utility
facilities, which are left in a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
§ 2151. UNIDENTIFIED ABANDONED MOTOR VEHICLES
A law enforcement officer upon personal observation or on complaint of
any citizen or the owner or agent of the property on which the vehicle is
located may contact a towing service for removal of an abandoned vehicle as
defined in subdivision 2150(a)(2) of this subchapter. Within 30 days of
removal of the vehicle, the towing service shall apply for an abandoned vehicle
certification unless the abandoned vehicle is returned to the owner. The
abandoned vehicle certification shall indicate the date of removal, make, color,
model, location found, and the name, address and phone number of the towing
service and a certification of the vehicle identification number to be filled in by
a law enforcement officer. The form may be obtained from the department of
motor vehicles. The form shall be sent to the department of motor vehicles.
The reimbursable fee for towing from public property, including storage
expenses, shall be $50.00. Eligibility for this reimbursement shall occur upon
the issuance of a declaration of abandoned vehicle. The towing service shall
set its own reasonable fee for vehicles removed from private property. The
commissioner of motor vehicles shall notify the commissioner of finance and
management who shall issue payment to the towing service for vehicles
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removed from public property. The department of motor vehicles shall make a
reasonable attempt to locate the owner. The owner or lienholder may reclaim
the vehicle by presenting to the department of motor vehicles satisfactory
evidence of ownership and paying, or making arrangements to pay, to the
towing agency the reasonable costs of removal and storage of the vehicle. If
no owner can be determined within 21 days from the date of receipt of the
abandoned vehicle certification form, the commissioner of motor vehicles shall
issue a declaration of abandoned motor vehicles with an appropriate title or
salvage title.
§ 2152. IDENTIFIABLE ABANDONED MOTOR VEHICLE
(a) A law enforcement officer, upon personal observation or on complaint
of any citizen or the owner or agent of the property on which the vehicle is
located, may contact a towing service for removal of an abandoned vehicle as
defined in subdivision 2150(a)(1) of this subchapter. Within 30 days of
removal of the vehicle, the towing service shall apply for an abandoned vehicle
certification unless the abandoned vehicle is returned to the owner. The
abandoned vehicle certification shall indicate the date of removal, make, color,
model, location found, and the name, address and phone number of the towing
service and a certification of the vehicle identification number to be filled in by
a law enforcement officer. The form may be obtained from the department of
motor vehicles. The form shall be sent to the department. The department of
motor vehicles shall, within three business days of receipt of the written
request, send notice to the last known registered owner and lienholder of the
motor vehicle. This notice shall be sent by certified mail, return receipt
requested. The notice shall advise the last known registered owner of the
motor vehicle’s location, and a telephone number where additional information
about the motor vehicle may be obtained. If the receipt is not returned to the
department within seven business days, the commissioner shall, by first class
mail, send a second notice, return service requested. Within 21 days of
sending the second notice, the last known registered owner or lienholder may
reclaim and retrieve the motor vehicle by presenting to the department of
motor vehicles satisfactory evidence of ownership, and paying or arranging to
pay to the towing agency the reasonable costs of the removal and storage of the
motor vehicle. If the last known registered owner or lienholder fails or refuses
to reclaim the motor vehicle within 21 days of the date of the second mailing,
the commissioner of motor vehicles shall issue a declaration of abandoned
motor vehicle with an appropriate title or salvage title.
(b) If, after a reasonable investigation, the owner of the vehicle cannot be
reasonably ascertained, the vehicle may be disposed of in the manner set forth
in section 2153 of this subchapter.
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§ 2153. DISPOSAL OF ABANDONED MOTOR VEHICLES
(a) When the commissioner issues the declaration of abandoned motor
vehicle, title to the motor vehicle shall escheat to the state, free from all claims
of the owner or prior holder of the motor vehicle, and of all persons claiming
through or under the owner or prior holder. The commissioner shall then
dispose of the motor vehicle. The commissioner shall issue the appropriate
title or salvage title to the purchaser of the motor vehicle, at no charge, within
three business days of receiving an application for a title.
(b) Except for intentionally-inflicted damage or gross negligence, neither
the state nor any of its agents or employees shall be liable to the owner for any
damage to the motor vehicle during the period in which the state retains
custody.
§ 2154. NOTIFICATION OF REMOVAL TO LAW ENFORCEMENT
The owner of land upon which a motor vehicle is left in violation of this
subchapter may, without incurring any civil liability or criminal penalty to the
owner of such vehicle, remove the vehicle from the place where it is
discovered to any other place on any property owned by him or her, or a
towing service, and if so removed, he or she shall immediately notify the
police agency in the jurisdiction from which the vehicle is removed.
Notification shall include the registration plate number, the vehicle
identification number, make, model, and color.
§ 2155. MUNICIPAL ENFORCEMENT
The provisions of this subchapter shall not preempt any municipal
abandoned vehicle ordinance.
Sec. 2. 24 V.S.A. § 2241(1) is amended to read:
For the purposes of this subchapter:
(1) “Abandoned” means a motor vehicle without claimed ownership for
thirty days as defined in 23 V.S.A. § 2150.
Sec. 3. REPEAL
24 V.S.A. § 2272(d) (agency of transportation taking possession of
abandoned motor vehicle) is repealed.
(Committee vote: 5-0-1)
Reported favorably with recommendation of amendment by Senator Bahre
for the Committee on Finance.
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The Committee recommends that the bill be amended as recommended by
the Committee on Transportation with the following amendments thereto:
First: In Sec. 1, in 23 V.S.A. §2151, in the sixth sentence, after the words
“public property”, by striking out the following: “, including storage
expenses,”
Second: In Sec. 1, in 23 V.S.A. §2151, immediately preceding the last
sentence, by inserting a new sentence to read: No fee may be charged for
storage for any period preceding the date upon which the form for abandoned
vehicle certification is sent by the towing service to the department of motor
vehicles as required by this section.
Third: In Sec. 1, in 23 V.S.A. §2152(a), immediately preceding the last
sentence, by inserting a new sentence to read: No fee may be charged for
storage for any period preceding the date upon which the form for abandoned
vehicle certification is sent by the towing service to the department of motor
vehicles as required by this section.
Fourth: By adding a new section to be numbered Sec. 4 to read:
Sec. 4.
APPROPRIATION
There is appropriated in fiscal year 2002 the amount of $5,000.00 from the
Transportation Fund to the Department of Motor Vehicles for the purposes of
this act.
(Committee vote: 7-0-0)
Reported favorably by Senator Ide for the Committee on Appropriations.
(Committee vote: 6-0-1)
SUBSTITUTE RECOMMENDATION OF AMENDMENT FOR THE
RECOMMENDATION OF AMENDMENT OF THE COMMITTEE ON
TRANSPORTATION TO S. 151 TO BE OFFERED BY SENATOR
SHUMLIN, ON BEHALF OF THE COMMITTEE ON
TRANSPORTATION
Senator Shumlin, on behalf of the Committee on Transportation, moves to
substitute an amendment for the recommendation of amendment of the
Committee on Transportation, as follows:
By striking out all after the enacting clause and inserting in lieu thereof the
following:
Sec. 1. 23 V.S.A. chapter 21, subchapter 7 is added to read:
Subchapter 7. Abandoned Motor Vehicles
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§ 2151. ABANDONED MOTOR VEHICLES; DEFINED
(a) For the purposes of this subchapter, an “abandoned motor vehicle”
means:
(1) A motor vehicle that has remained on public or private property or
on or along a highway without the consent of the owner or person in control of
the property for more than 48 hours, and has a valid registration plate and
identifiable vehicle identification number; or
(2) A motor vehicle that has remained on public or private property or
on or along a highway without the consent of the owner or person in control of
the property for any period of time if the vehicle does not have a valid
registration plate or ascertainable vehicle identification number.
(b) Construction equipment. A vehicle or other equipment used or to be
used in construction or in the operation or maintenance of highways or public
utility facilities, which is left in a manner which does not interfere with the
normal movement of traffic, shall not be considered to be an abandoned motor
vehicle.
§ 2152.
AUTHORIZED REMOVAL OF ABANDONED MOTOR
VEHICLES
(a) From public property. A law enforcement officer is authorized to
remove or cause removal of an abandoned motor vehicle from public property,
and may contact a towing service for removal of such motor vehicle, based
upon personal observation by the officer that the vehicle is abandoned.
(b) From private property.
(1) A law enforcement officer is authorized to remove or cause removal
of an abandoned motor vehicle from private property, and may contact a
towing service for removal from private property of such vehicle, based upon
complaint of the owner or agent of the property on which the vehicle is located
that the vehicle is abandoned.
(2) An owner or agent of an owner of private property is authorized to
remove or cause removal of an abandoned motor vehicle from that property,
and may contact a towing service for removal from that property of an
abandoned vehicle. If an owner or agent of an owner removes or causes
removal of an abandoned motor vehicle, the owner or agent shall immediately
notify the police agency in the jurisdiction from which the vehicle is removed.
Notification shall include identification of the registration plate number, the
vehicle identification number, make, model, and color of the vehicle. The
owner or agent of an owner of property upon which a motor vehicle is
abandoned may remove the vehicle from the place where it is discovered to
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any other place on any property owned by him or her, or cause the vehicle to
be removed by a towing service under the provisions of this subsection,
without incurring any civil liability to the owner of the abandoned vehicle.
§2153. ABANDONED MOTOR VEHICLE CERTIFICATION
(a) Within 30 days of removal of the vehicle, a towing service which has
removed an abandoned motor vehicle shall apply to the department for an
abandoned motor vehicle certification on forms supplied by the department of
motor vehicles. An abandoned motor vehicle certification form shall indicate
the date of removal, make, color, model, location found, and the name,
address, and phone number of the towing service, and a certification of the
vehicle identification number, if any, to be recorded by a law enforcement
officer.
(b) Upon receipt of an abandoned motor vehicle certification form, the
commissioner of motor vehicles shall attempt to identify and notify the owner
of the vehicle as required by section 2154 of this title. If no owner can be
determined by the commissioner within the time period allowed by section
2154, the commissioner shall issue a certificate of abandoned motor vehicle
with appropriate title, salvage title, or both, and the vehicle may be disposed of
in the manner set forth in section 2156 of this title.
§2154. IDENTIFICATION AND RECLAMATION OF ABANDONED
MOTOR VEHICLES
(a) The department of motor vehicles shall make a reasonable attempt to
locate the owner of an abandoned motor vehicle.
(1) If the abandoned motor vehicle is not identifiable by its registration
plates or vehicle identification number, and if no owner can be determined
within 21 days of the date of receipt of the abandoned motor vehicle
certification form, the commissioner of motor vehicles shall issue a certificate
of abandoned motor vehicle with an appropriate title or salvage title.
(2) If the abandoned motor vehicle is identifiable by its registration
plates or vehicle identification number, the department of motor vehicles shall,
within three business days of receipt of the form for certification of abandoned
motor vehicle, send notice to the last known registered owner and lienholder of
the vehicle. The notice shall be sent by certified mail, return receipt requested,
and shall advise the last known registered owner of the motor vehicle’s
location, and a telephone number where additional information about the
motor vehicle may be obtained. If the receipt is not returned to the department
within seven business days, the commissioner shall, by first class mail, send a
second notice. Within 21 days of sending the second notice, the last known
registered owner or lienholder may reclaim and retrieve the motor vehicle by
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presenting to the department of motor vehicles satisfactory evidence of
ownership, and paying or arranging to pay any fees or charges authorized by
section 2155 of this title. If the last known registered owner or lienholder fails
or refuses to reclaim the motor vehicle within 21 days of the second mailing,
the commissioner of motor vehicles shall issue a certificate of abandoned
motor vehicle with appropriate title or salvage title.
(b) An owner or lienholder may reclaim an abandoned motor vehicle by
presenting to the department of motor vehicles satisfactory evidence of
ownership, and paying or reimbursing, or making arrangements to pay or
reimburse, the towing agency, the department of motor vehicles, or the owner
or agent of private property, as the case may be, any towing fee or storage
charges permitted under section 2155 of this title.
§ 2155. FEES AND CHARGES
(a) Towing fees.
(1) For towing an abandoned motor vehicle from public property, a
towing service may charge a fee of $50.00, which shall be paid by the
department to the towing service upon the issuance by the department of a
certificate of abandoned motor vehicle under section 2156 of this title. The
commissioner of motor vehicles shall notify the commissioner of finance and
management who shall issue payment to the towing service for vehicles
removed from public property.
(2) For towing an abandoned motor vehicle from private property, a
towing service may charge a reasonable fee to be paid by the owner or agent of
the owner of the private property.
(b) Storage charges. In addition to any towing fee, an owner or lienholder
reclaiming an abandoned motor vehicle may be charged and shall pay a fee for
the costs of storage of the vehicle, except that no fee may be charged for
storage for any period preceding the date upon which the form for abandoned
motor vehicle certification is sent by the towing service to the department of
motor vehicles.
§ 2156. DISPOSAL OF ABANDONED MOTOR VEHICLES
(a) If the commissioner issues the certificate of abandoned motor vehicle,
title to the motor vehicle shall escheat to the state, free from all claims of the
owner or prior holder of the motor vehicle, and of all persons claiming through
or under the owner or prior holder. The commissioner shall issue an
appropriate title or salvage title to any purchaser of the motor vehicle, at no
charge.
(b) Except for intentionally inflicted damage or gross negligence, neither
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the state nor any of its agents or employees shall be liable to the owner for any
damage to the motor vehicle during the period in which the state retains
custody.
§ 2157. MUNICIPAL ENFORCEMENT
The provisions of this subchapter shall not preempt any municipal
abandoned motor vehicle ordinance.
Sec. 2. 24 V.S.A. § 2241(1) is amended to read:
For the purposes of this subchapter:
(1) “Abandoned” means a motor vehicle without claimed ownership for
thirty days as defined in 23 V.S.A. § 2150.
Sec. 3. REPEAL
24 V.S.A. § 2272(d) (agency of transportation taking possession of
abandoned motor vehicle) is repealed.
Sec. 4. APPROPRIATION
There is appropriated in fiscal year 2002, the amount of $5,000.00 from the
transportation fund to the department of motor vehicles for the purposes of this
act.
NEW BUSINESS
Third Reading
H. 308.
An act relating to clarifying, updating, and making minor alterations to the
Vermont election law.
H. 471.
An act relating to early voter absentee ballots.
H. 472.
An act relating to checklists and voter registration applications and
affidavits.
Second Reading
Favorable
H. 269.
An act relating to unclaimed property.
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Reported favorably by Senator Greenwood for the Committee on General
Affairs and Housing.
(Committee vote: 5-0-1)
(For House amendments, see House Journal for March 14, 2001, page 443)
Favorable with Recommendation of Amendment
S. 62
An act relating to unwanted telephone solicitations.
Reported favorably with recommendation of amendment by Senator Rivers
for the Committee on Finance.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 9 V.S.A. § 2464a is added to read:
§ 2464a. PROHIBITED TELEPHONE SOLICITATIONS
(a) Definitions. As used in this section:
(1) “Charitable organization” means an organization so defined by
Section 501(c) of the Internal Revenue Service Code (26 U.S.C. § 501(c)).
(2) “Customer” means a customer, residing or located in Vermont, of a
company providing telecommunications service as defined in subdivision
203(5) of Title 30.
(3) “Telemarketer” means any telephone solicitor who is or should be
registered as required by section 2464b of this title. However, “telemarketer”
does not include any telephone solicitor who is otherwise registered or licensed
with the secretary of state or the department of banking, insurance, securities,
and health care administration.
(4)
“Telephone preference service” means the do-not-call list
maintained by The Direct Marketing Association, Inc., or a comparable list
maintained by a successor organization.
(5) “Telephone solicitation”:
(A) means the solicitation by telephone of a customer for the purpose
of encouraging the customer to purchase, lease, or otherwise agree to pay
consideration for money, goods or services; and
(B) does not include:
(i) telephone calls made in response to a request or inquiry by the
called customer;
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(ii)
organization;
telephone calls made by or on behalf of a charitable
(iii) telephone calls made by persons not regularly engaged in
selling, leasing, or otherwise offering for consideration such goods or services;
or
(iv) telephone calls made to a person with whom the telephone
solicitor has an established business relationship.
(6)
“Telephone solicitor” means any person placing telephone
solicitations, or hiring others, on an hourly, commission or independent
contractor basis, to conduct telephone solicitations.
(b) Prohibitions.
(1) No telemarketer shall make a telephone solicitation to a telephone
number in Vermont without having first registered in accordance with section
2464b of this title.
(2) No telemarketer shall make a telephone solicitation to a telephone
number in Vermont which has been on the telephone preference service list for
at least 90 days.
(3) No telephone solicitor shall make a telephone solicitation to a
telephone number in Vermont which is on the telephone solicitor’s do-not-call
list maintained in accordance with the rules of the Federal Communications
Commission and the Federal Trade Commission.
(c) Violation. A violation of this section shall constitute a violation of
section 2453 of this title. Each solicitation shall constitute a separate violation.
(d) Criminal Penalties. A person who commits a willful and intentional
telephone solicitation in violation of subdivision (b)(1) of this section shall be
imprisoned for not more than six months or fined not more than $10,000.00, or
both. Each telephone call shall constitute a separate solicitation under this
section. This section shall not be construed to limit a person's liability under
any other civil or criminal law.
Sec. 2. 9 V.S.A. § 2464b is added to read:
§ 2464b. REGISTRATION OF TELEMARKETERS
(a) Every telemarketer shall first register with the secretary of state, on a
form approved by the secretary. In the case of a telemarketer who hires,
whether on an hourly, commission or independent contractor basis, one or
more persons to conduct telephone solicitations, only the person who causes
others to conduct telephone solicitations need register. Registration under this
section shall be valid for a period of 12 months. The secretary of state shall
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charge an annual fee of $75.00 for a sole proprietorship doing business in its
own name and $150.00 for all others. The secretary of state may adopt rules
prescribing the manner in which registration under this section shall be
conducted.
(b) The secretary of state shall require that each telemarketer designate an
agent for the purpose of submitting to the jurisdiction of the Vermont courts in
any action brought for violations of section 2464a of this title.
Sec. 3. 9 V.S.A. § 2464c is added to read:
§ 2464c. PRIVATE CAUSE OF ACTION
Any person who receives a telephone solicitation in violation of subsection
2464a(b) of this title may bring an action in superior court for damages,
injunctive relief, punitive damages in the case of a willful violation, and
reasonable costs and attorney’s fees. The court may issue an award for the
person's actual damages or $500.00 for a first violation, or $2,000.00 for each
subsequent violation, whichever is greater. In considering the amount of
punitive damages, the court may consider, among other relevant factors, the
extent to which a telephone solicitor maintained and complied with procedures
designed to ensure compliance with the requirements of sections 2464a and
2464b of this title. This section shall not limit any other claims the person may
have against the telephone solicitor.
Sec. 4. 9 V.S.A. § 2464d is added to read:
§ 2464d. TELEPHONE PREFERENCE SERVICE
Local exchange carriers shall provide notices at least annually to residential
customers of the availability of a telephone solicitor’s do-not-call list and of
the telephone preference service and a description of how to register.
Sec. 5. REPORT
The attorney general shall provide a report on actions brought pursuant to
this act and the effectiveness of this act in preventing unwanted telephone
solicitations to the Senate Committee on Finance and the House Committee on
Commerce by January 15, 2003.
Sec. 6. EFFECTIVE DATE
This act shall take effect on October 1, 2001.
(Committee vote: 7-0-0)
Joint Senate Resolution for Action
J.R.S. 44.
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Joint resolution honoring the performing arts careers of Al Boright and
Shirley Adams.
(For text of resolution, see Senate Journal for March 28, 2001)
Joint House Resolution for Action
J.R.H. 79.
Joint resolution urging the United States Postal Service to reconsider the
issuance of a purple heart stamp to honor those veterans who suffered wounds
during times of war.
(For text of resolution, see Senate Journal for March 28, 2001)
NOTICE CALENDAR
Favorable
S. 61.
An act relating to the Vermont Life And Health Insurance Guaranty
Association.
Reported favorably by Senator Cummings for the Committee on Finance.
(Committee vote: 6-1-0)
S. 69.
An act relating to suspension of a pupil who threatens a false bombing of a
school.
Reported favorably by Senator McCormack for the Committee on
Education.
(Committee vote: 4-1-0)
H. 32.
An act relating to the village of Morrisville charter.
Reported favorably by Senator Bartlett for the Committee on Government
Operations.
(Committee vote: 5-0-1)
Reported favorably by Senator Cummings for the Committee on Finance,
upon commitment.
(Committee vote: 6-1-0)
(For House amendment, see House Journal for March 2, 2001, page 370)
H. 176.
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An act relating to the commission on higher education funding and the
higher education endowment trust fund.
Reported favorably by Senator Maynard for the Committee on Education.
(Committee vote: 5-0-0)
(For House amendments, see House Journal for March 13, 2001, page 399)
Favorable with Recommendation of Amendment
S. 27.
An act relating to increasing the technologies that may be used in the state
for on-site disposal of wastewater.
Reported favorably with recommendation of amendment by Senator Canns
for the Committee on Natural Resources.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 10 V.S.A. chapter 64 is added to read:
CHAPTER 64. SMALL-SCALE WATER SUPPLY
AND WASTEWATER PERMIT
§ 1971. PURPOSE
It is the purpose of this chapter to:
(1) establish a comprehensive program to regulate the construction,
replacement, modification, and operation of potable water supplies and
wastewater systems in the state in order to protect human health and the
environment;
(2) eliminate duplicative or unnecessary permitting requirements
through the consolidation of existing authorities and the use of general permits
and permits by rule;
(3)
allow the use of alternative, innovative, and experimental
technologies for the treatment and disposal of wastewater in the appropriate
circumstances;
(4) protect the investment of homeowners through a flexible remediation
process for failed potable water supplies and wastewater systems;
(5) increase reliance on and the accountability of the private sector for
the design and installation of potable water supplies and wastewater systems,
through licensing and enforcement; and
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(6) allow delegation of the permitting program created by this chapter to
capable municipalities.
§ 1972. DEFINITIONS
For the purposes of this chapter:
(1) “Agency” means the agency of natural resources.
(2) “Campground” means any lot of land occupied by more than three
automobile trailers, campers, recreational vehicles, tent sites, or temporary
shelters for a brief period of time for vacation or recreation purposes, whether
or not the operation is commercial or operated for no charge with no services.
This definition shall not include primitive or wilderness camping areas unless
the secretary determines that a specific area is likely to create a health hazard,
public nuisance, or source of pollution.
(3) “Failed supply” means a potable water supply: that is contaminated
so that it is rendered not potable; or that is providing an insufficient quantity of
water to maintain the permitted use of the building or structure or, if
unpermitted, to maintain the usual and customary uses of the building or
structure; or where the source, treatment, or conveyance equipment used to
provide potable water is broken or inadequate. Notwithstanding the provisions
of this subdivision, a potable water supply shall not be a failed supply if these
effects can be and are remedied solely by minor repairs, including the repair of
a broken pipe leading from a building or structure to a well.
(4)(A) “Failed system” means a wastewater system that is functioning in
a manner:
(i) that allows wastewater to be exposed to the open air, pool on
the surface of the ground, discharge directly to surface water, or back up into a
building or structure, unless in any of these instances the approved design of
the system specifically requires the system to function in such a manner; or
(ii) so that a potable water supply is contaminated and rendered
not potable; or
(iii) that presents a threat to human health.
(B) Notwithstanding the provisions of subdivision (A) of this
subdivision (4), a system shall not be a failed system if these effects can be and
are remedied solely by minor repairs, including the repair of a broken pipe
leading from a structure to the septic tank, replacement of a cracked or broken
septic tank, or replacement of a broken pump.
(5) “Potable water supply” means the source, treatment, and conveyance
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equipment used to provide water used or intended to be used for human
consumption, including drinking, washing, bathing, the preparation of food, or
laundering. This definition does not include any internal piping or plumbing,
except for mechanical systems such as pump stations and emergency storage
tanks, which are located inside a building or structure and which are integral to
the operation of a potable water system. This definition also does not include a
potable water supply that is subject to regulation under chapter 56 of this title.
(6) “Secretary” means the secretary of the agency of natural resources or
a duly authorized representative of the secretary. A duly authorized
representative of the secretary includes a municipality that has requested
delegation in writing and has been delegated the authority to implement
provisions of this chapter in lieu of the secretary.
(7) “Subdivide” means to divide land by sale, gift, lease, mortgage
foreclosure, court-ordered partition, or filing of a plat, plan, or deed in the town
records where the act of division creates one or more lots. Subdivision shall be
deemed to have occurred on the conveyance of the first lot or the filing of a
plat, plan, or deed in the town records, whichever first occurs.
(8) “Wastewater system” means any piping, pumping, treatment, or
disposal system used for the conveyance and treatment of sanitary waste or
used water, including, but not limited to, carriage water, shower and wash
water, and process wastewater. This definition does not include any internal
piping or plumbing, except for mechanical systems such as pump stations and
emergency storage tanks, which are located inside a building or structure and
which are integral to the operation of a wastewater system. This definition
also does not include wastewater systems that are used exclusively for the
treatment and disposal of animal manure. In this chapter, “wastewater system”
refers to a soil-based system of less than 6,500 gallons per day, or a wastewater
system of any size that is connected to a sewerage system.
§ 1973. PERMITS
(a) Except as provided in this section and sections 1974 and 1978 of this
title, a person who has not first obtained a permit from the secretary shall not:
(1) subdivide land;
(2) create or modify a campground in a manner that affects a potable
water supply or wastewater system;
(3) construct, replace, or modify a potable water supply or wastewater
system;
(4)
system;
construct, replace, modify, or operate a failed supply or failed
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(5) construct or modify a building or structure in a manner which
requires construction, replacement, or modification of a potable water supply
or wastewater system;
(6) make a new or modified connection to an existing potable water
supply or wastewater system; or
(7) change the use of a building or structure in a way that increases the
design flows or modifies other operational requirements of a potable water
supply or wastewater system.
(b) Application for a permit shall be made on a form prescribed by the
secretary. The application shall be supported by such documents and
information that the secretary, by rule, deems necessary for proper application
review and the issuance of a permit.
(c) When the construction, replacement, or modification of a potable water
supply or wastewater system that has been permitted, or was exempt from
permitting requirements, is required because the supply or system has become
a failed supply or system, the secretary may issue a permit that includes
variance provisions if the supply or system cannot be constructed, replaced, or
modified so that it is in full compliance with the rules adopted under section
1978 of this title. When approving a variance under this subsection, the
secretary shall consider the cost of the construction, replacement, or
modification of the system in addition to the potential impacts on human health
and the environment. In no event shall a permit be issued under this subsection
if the supply or system would continue to meet the definition of a failed supply
or failed system.
(d) No permit shall be issued by the secretary unless the secretary receives
a statement from a licensed designer certifying that, to the best of his or her
knowledge and belief and in the exercise of his or her professional judgment,
the design included in an application for a permit complies with the standards
in the rules.
(e) No permit issued by the secretary shall be valid after completion of
construction of the potable water supply and wastewater system until the
secretary receives a statement from a licensed designer or installer certifying
that, to the best of his or her knowledge and belief and in the exercise of his or
her professional judgment, the potable water supply and wastewater system
was installed in accordance with the permitted design and was properly tested.
(f) The secretary shall give deference to a certification by a licensed
designer with respect to the engineering design or judgment exercised by the
designer in order to minimize agency review of certified designs. Nothing in
this section shall limit the responsibility of the licensed designer to comply
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with all standards and rules, or the authority of the secretary to review and
comment on design aspects of an application or to enforce agency rules with
respect to the design or the design certification.
(g) If there is a dispute concerning professional engineering design or
judgment, a registered professional engineer may request that the disputed
facts be reviewed by a registered professional engineer employed by the
secretary. The secretary shall grant all such requests for review.
(h) All permits required under this section, all designer and installer
statements required under this section, and all documents required by the rules
adopted under this chapter to be filed in the town records shall be properly
indexed and recorded in the land records pursuant to 24 V.S.A. §§ 1154 and
1161.
§ 1974. SINGLE-FAMILY RESIDENCES ON THEIR OWN LOTS
(a) Notwithstanding any other requirements of this chapter, the provisions
of this section shall apply to a single-family residence on its own lot.
(b)(1) A subdivided lot containing only one single-family residence which
required a subdivision permit but did not have one, or which had a subdivision
permit but was not in compliance with its permit, is exempt from the
permitting requirements of this chapter, provided that the lot was in existence
as of January 1, 1999, and that the residence and its associated potable water
supply and wastewater system were substantially constructed as of January 1,
1999. This exemption shall terminate:
(A) If any of the following occur after January 1, 1999:
(i) the wastewater system fails;
(ii) the lot is subdivided;
(iii) there is a significant modification of the potable water supply
or wastewater system;
(iv) there is a significant modification of the residence that would
increase design flows; or
(v) there is a change in use of the residence so that it is no longer
solely a single-family residence; or
(B) If the potable water supply serving the residence fails at any time
after the effective date of the rules adopted under section 1978 of this title.
(2) If a subdivision permit had been issued for the lot prior to January 1,
1999, the conditions of that permit concerning actions required to be taken
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after January 1, 1999, shall remain in effect, including conditions concerning
operation and maintenance and transfer of ownership.
(3) For the purposes of this subsection, a wastewater disposal system
has failed when the system is functioning in a manner:
(A) that allows wastewater to be exposed to the open air, pool on the
surface of the ground, discharge directly to surface water, or back up into a
building or structure, unless the approved design of the system specifically
requires the system to function in such a manner;
(B) so that a potable water supply is contaminated or rendered not
potable;
(C) that presents an imminent hazard to human health; or
(D) that presents a serious threat to the environment.
(4) For the purposes of this subsection, permits with variance
provisions, as described in subsection 1973(b) of this title, may be issued for:
(A) the construction, replacement, or modification of failed supplies
and failed systems; and
(B) the upgrading of a potable water supply or wastewater system,
provided that there is no increase in the design flow.
(5) If a seller of real estate represents that the property is subject to the
exemption described in this subsection, the seller shall provide the buyer with
affidavits that the lot, residence, potable water supply, and wastewater system
are in compliance with the requirements of this subsection. All required
affidavits shall be properly indexed and recorded in the land records pursuant
to 24 V.S.A. §§ 1154 and 1161.
(6) If a residence is exempt under this subsection, none of the other
exemptions listed in this section shall apply.
(c) A single-family residence on its own lot and its associated potable water
supply and wastewater system is exempt from the permitting requirements of
this chapter, provided that the lot on which the residence is located was in
existence as of July 1, 2001, and was exempt from the subdivision permitting
requirements that existed on June 30, 2001. This exemption shall remain in
effect unless and until:
(1) the lot is subdivided and the resulting lots are not exempt under the
applicable rules in existence at the time of subdivision; or
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(2) any action for which a permit is required under this chapter occurs at
least one year after the effective date of the nonemergency rules adopted under
section 1978 of this title.
(d) A permit shall not be required for the addition of one or more bedrooms
to a single-family residence on its own lot when:
(1) the addition of bedrooms is accomplished solely through the
modification of existing space within the residence; and
(2) the exterior of the residence is not expanded horizontally or
vertically.
(e) Where a permit is required for the addition of one or more bedrooms to
a single-family residence on its own lot that was exempt from the subdivision
permitting requirements that were in existence until one year after the effective
date of the nonemergency rules adopted under section 1978 of this chapter, the
permit to be issued:
(1) shall not require that the existing wastewater system be upgraded to
meet the standards of the rules unless it has failed; and,
(2) shall require that a design for a fully complying replacement area be
submitted and approved.
(f) Notwithstanding the language of subsections (d) and (e) of this section,
if the residence has been issued a permit under this chapter, the residence shall
continue to comply with that permit, unless and until the permit is amended.
(g) For a single-family residence on its own lot that was exempt from the
permitting requirements under subsection (c) of this section, a permit with
variances may be issued authorizing the upgrading of a potable water supply or
wastewater system, provided there is no increase in design flow.
§ 1975. DESIGNER AND INSTALLER LICENSES
(a) The secretary shall establish and implement a process to license and
periodically renew the licenses of designers and installers of potable water
supplies or wastewater systems, establish different classes of licensing for
different potable water supplies and wastewater systems, and allow individuals
to be licensed in various categories.
(b) No person shall design or install a potable water supply or wastewater
system that requires a permit under this chapter without first obtaining a
designer or installer license, as applicable, from the secretary, except:
(1) a registered professional engineer who is licensed in Vermont shall
automatically be entitled to initially receive a designer’s license under this
chapter, provided that:
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(A) the engineer is practicing within the scope of his or her
engineering specialty; and
(B) the engineer has satisfactorily completed a college-level soils
identification course with specific instruction in the areas of soils morphology,
genesis, texture, permeability, color, and redoximorphic features, or has passed
a soils identification test administered by the secretary.
(2) a well driller who is licensed in accordance with chapter 48 of this
title shall be deemed to have a valid installer’s license under this chapter so
long as he or she is operating within the scope of his or her well driller’s
license; and
(3) the owner of an owner-occupied single-family residence or a
single-family secondary residence used primarily by the owner may install a
wastewater system at that single-family residence or second home in
accordance with plans prepared by a licensed designer without first obtaining
an installer license.
(c) No person shall process permit applications for a potable water supply
or wastewater system that he or she designed or installed.
(d) The secretary may review, on a random basis, or in response to a
complaint, or on his or her own motion, the testing procedures employed by a
licensed designer, the systems designed by a licensed designer, the designs
approved or recommended for approval by a licensed designer, the procedures
used by a licensed installer, and any work associated with the performance of
these tasks.
(e) After a hearing conducted under chapter 25 of Title 3, the secretary may
suspend, revoke, or impose conditions on a designer or installer license. This
proceeding may be initiated on the secretary’s own motion or upon a written
request which contains facts or reasons supporting the request for imposing
conditions, for suspension, or for revocation. Cause for imposing conditions,
suspension, or revocation is one or more of the following:
(1) false or misleading information submitted in support of an
application for a permit or contained in a design or installation certification;
(2) misrepresentation of any relevant fact at any time; or
(3) negligence or incompetence in completing the work necessary for an
application, a design, an installation, or the inspection of an installation.
(f) If the secretary finds that a statement by a licensed designer or installer
submitted under this chapter was incorrect, the person who signed the
statement may be subject to penalties and required to take all actions necessary
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to remediate the situation in accordance with the provisions of chapters 201
and 211 of this title.
§ 1976. DELEGATION OF AUTHORITY TO MUNICIPALITIES
(a)(1) If a municipality submits a written request for delegation of this
chapter, the secretary shall delegate authority to the municipality to implement
and administer provisions of this chapter, the rules adopted under this chapter,
and the enforcement provisions of chapter 201 of this title relating to this
chapter, provided that the secretary is satisfied that the municipality:
(A) has established a process for accepting, reviewing, and
processing applications and issuing permits, which shall adhere to the rules
established by the secretary for potable water supplies and wastewater systems,
including permits, by rule, for sewerage connections;
(B) has hired, appointed, or retained on contract, or will hire, appoint,
or retain on contract, a licensed designer to perform technical work which must
by done by a municipality under this section to grant permits;
(C) will take timely and appropriate enforcement actions pursuant to
the authority of chapter 201 of this title;
(D) commits to reporting annually to the secretary on a form and date
determined by the secretary; and
(E) will comply with all other requirements of the rules adopted
under section 1978 of this title.
(2) Notwithstanding the provisions of this subsection, there shall be no
delegation of this section or of section 1975 or 1978 of this title.
(b) Two years after the effective date of the nonemergency rules adopted
under section 1978 of this title, those provisions of municipal ordinances and
zoning bylaws that regulate potable water supplies and wastewater systems are
superseded by the provisions of this chapter and the rules adopted under this
chapter. Those provisions of existing ordinances and bylaws and any future
ordinances or bylaws shall not be superseded, however, to the extent that they
apply to potable water supplies and wastewater systems that are exempt from
the permitting requirements of this chapter and to the extent that they establish
procedural requirements that are consistent with this chapter and the rules
adopted under this chapter.
(c) Notwithstanding 24 V.S.A. § 3633(d), municipal ordinances relating to
sewage systems, which ordinances were approved before July 1984 under
18 V.S.A. § 613 by the board of health, and those approved before July 1984
by the commissioner of health shall remain in effect unless superseded.
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(d) A municipality may assess fees in an amount sufficient to support
municipal services provided under this section.
(e) Notwithstanding the fact that local ordinances and bylaws may have
been superseded by this chapter, a permit issued under those ordinances shall
remain in effect, unless and until superseded by another permit issued pursuant
to the provisions of this chapter.
§ 1977. APPEALS; STAYS
(a) A person aggrieved by a decision, other than an enforcement decision,
of the secretary or of a delegated municipality under this chapter, may appeal
to the water resources board within 30 days of the date of issuance of the
decision. An appeal shall be heard on the record if the secretary has issued a
decision based on a contested case proceeding, and otherwise shall be heard de
novo. Appeal from a decision of the water resources board shall be to the
supreme court within 30 days of the date of issuance of the decision.
(b) No decision of the secretary, or of a delegated municipality, shall be
automatically stayed by the filing of an appeal; however, the board, on request
of a party to the appeal, may issue a stay containing terms and conditions it
deems just.
§ 1978. RULES
(a) The secretary shall adopt rules, in accordance with chapter 25 of Title 3,
necessary for the administration of this chapter. These rules shall include, but
are not limited to, the following:
(1) performance standards for potable water supplies and wastewater
systems;
(2) design flow standards for potable water supplies and wastewater
systems;
(3) design requirements, including isolation distances;
(4) monitoring and reporting requirements;
(5) soils and hydrogeologic requirements;
(6)
operation and maintenance requirements appropriate to the
complexity of the system;
(7) requirements for engineering plans and specifications for potable
water supplies and wastewater systems;
(8)
provisions for the acceptance and approval of alternative
technologies, based on performance evaluations provided by qualified
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organizations with expertise in wastewater systems, including the New
England Interstate Water Pollution Control Commission;
(9) provisions allowing the use of a variety of alternative or innovative
technologies, including intermittent sand filters, recirculating sand filters,
waterless toilets and greywater disposal systems, and constructed wetlands,
that provide an adequate degree of protection of human health and the
environment. When alternative technologies are approved for general use, the
rules shall not require either a bond or the immediate construction of a
duplicate wastewater system for those alternative technologies;
(10) provisions allowing for appropriate reductions in leachfield size,
depth to the seasonal high water table, or other site parameters when
alternative or innovative technologies are used, and when those technologies,
combined with the reductions, provide an adequate degree of protection of
human health and the environment;
(11) provisions allowing for experimental systems;
(12) provisions allowing for the use of holding tanks when permitted or
exempt existing wastewater systems have failed or are expected to fail,
provided no other cost-feasible alternative is available, or for new publicly
owned buildings with daily flows that do not exceed 600 gallons per day,
provided no other cost feasible alternative is available;
(13) provisions regarding the licensing of designers and installers;
(14) provisions regarding the delegation of authority to and removal of
authority from a municipality to administer this chapter;
(15) provisions regarding the permitting by rule of certain types of
potable water supplies or wastewater systems, including connections to
sewerage systems; and
(16) other requirements necessary to protect human health and the
environment.
(b) The secretary, by rule, may establish permitting exemptions upon a
determination that those exemptions are consistent with the purposes of this
chapter, and are necessary for the appropriate implementation of this chapter.
(c) The secretary shall adopt rules under this section for the acceptance and
approval of a range of innovative and alternative wastewater disposal systems
for use in situations where there is a failed wastewater system serving a legally
existing single-family residence on its own lot, provided that the residence and
the wastewater system were in existence as of July 1, 2001. Rules adopted
under this subsection shall be adopted as emergency rules, shall be adopted by
no later than August 1, 2001, and shall remain in effect until amended through
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the normal rulemaking process, but also may be further amended by additional
emergency rules that allow use for these purposes of additional innovative and
alternative wastewater disposal system technologies. In this adoption process,
the secretary need not believe that there exists an imminent peril to public
health, safety, and welfare. Review of these emergency rules by the legislative
committee on administrative rules shall not include the issue of whether or not
the rules are necessitated by an imminent peril to public health, safety, or
welfare.
(d) The secretary shall first adopt nonemergency rules under this section no
later than February 1, 2002. The provisions of the rules that relate to
subdivisions (a)(8) through (11) of this section shall not take effect in any
municipality until one year after the date of first adoption of the nonemergency
rules, unless the municipality has affirmatively updated its town plan, zoning
and subdivision requirements, after considering this chapter.
(e) The secretary shall periodically review and, if necessary, revise the
rules adopted under this chapter to ensure that the technical standards remain
current with the known and proven technologies regarding potable water
supplies and wastewater systems.
Sec. 2. 3 V.S.A. § 2822 (j)(3) and (4) are amended to read:
(3) For subdivision permit issued under 18 V.S.A. chapter 23:
(A) per lot
$175.00
(B) deferral of permit
$60.00
(C) homestead exemption
$60.00 per application
(D) permit amendment
$60.00 per application
(E) remediation certificate
$175.00 per certificate
(F) time-of-sale remediation
$30.00 per report
(4) For potable water supply and wastewater permits issued under
10 V.S.A. chapter 61; mobile home park permits issued under 10 V.S.A.
chapter 153; campground permits issued under 3 V.S.A. section 2873 and
under 10 V.S.A. chapter 61:
***
Sec. 3. 3 V.S.A. § 2822(j)(31) and (32) are added to read:
(31) For designer and installer licenses issued under 10 V.S.A. chapter
64:
(A) Designers:
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(i) original application
$100.00
(ii) renewal application
$50.00 per year
(B) Installers:
(i) original application
$50.00
(ii) renewal application
$25.00 per year
(32) For provisional designer and installer licenses:
(A) Annual registration fee
$25.00
(B) Site technicians and well drillers who are licensed by the
secretary and have paid all required fees shall not be required to pay an annual
registration fee in order to have a valid provisional license.
* * * Mobile Home Park Permits * * *
Sec. 4. 10 V.S.A. § 6205(b) is amended to read:
(b) The superior court for the county in which a violation of this chapter
occurs shall have jurisdiction, on application by the agency in the case of
violations of sections 6231-6235 of this title and by the department in the case
of violations of sections 6236-6243 of this title, to enjoin and restrain the
violation, but any election by the agency or by the department to proceed under
this subsection shall not limit or restrict the authority of the state to prosecute
for the offense under subsection (a) of this section.
Sec. 5. 10 V.S.A. § 6231 is amended to read:
§ 6231. PERMIT REQUIRED; RULES
(a) No person shall establish or maintain a mobile home park, as defined in
section 6201 of this title except pursuant to a permit issued by the agency. A
person desiring to establish or expand a mobile home park, including
extensions or expansions to water and sewage systems, shall make written
application to the agency on forms furnished by the agency, and shall submit
such supplementary data and information as the agency requires, including a
site plan. The agency may by regulation requires payment of fees for a permit.
The agency shall adopt rules to carry the provisions of sections 6231-6235 of
this title into effect.
***
* * * Enforcement * * *
Sec. 6. 10 V.S.A. § 8003(a) is amended to read:
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(a) The secretary may take action under this chapter to enforce the
following statutes, and any related rules, permits, assurances, or orders:
(1) 3 V.S.A. chapter 51, relating to the certification of site technicians,
and trailer camps and tent sites;
***
(9) 10 V.S.A. chapter 61 64, relating to small-scale potable water supply
supplies and wastewater systems;
***
(11) 10 V.S.A. chapter 153, relating to mobile home parks;
***
(14) 18 V.S.A. chapter 23, relating to subdivisions;
***
Sec. 7. 10 V.S.A. § 8010(e) is amended to read:
(e) Penalties assessed under this section shall be deposited in the general
fund, except for those penalties which are assessed as a result of a
municipality’s enforcement action under chapter 64 of this title, in which case
the municipality involved shall receive the penalty monies.
* * * Property Transfer * * *
Sec. 8. 24 V.S.A. § 1154(a) is amended to read:
(a) A town clerk shall record in the land records, at length or by accurate,
legible photocopy, in books to be furnished by the town:
(1) deeds,;
(2) instruments or evidences respecting real estate,;
(3) writes of execution, other writs or the substance thereof, and the
returns thereon,;
(4) hazardous waste site information and hazardous waste storage,
treatment and disposal certifications established under 10 V.S.A. chapter 159,;
(5) underground storage tank information under 10 V.S.A. chapter 59, ;
(6) municipal land use permits (as defined in section 4303 of this title)
or notices of municipal land use permits as provided for in subsection (c) of
this section, notices of violation of ordinances or bylaws relating to municipal
land use, and notices of violation of municipal land use permits,;
(7) denials of municipal land use permits,;
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(8) permits, designer statements, installer statements, and other
documents required to be filed by the provisions of 10 V.S.A chapter 64 and
the rules adopted under that chapter;
(9) Other other instruments delivered to the town clerk for recording.
Sec. 9. 24 V.S.A. § 1161(b) is amended to read:
(b) For the purposes of this section, “transactions affecting title to real
estate” shall include the instruments described in subsections 1154(a) and (b)
of this title. Each owner of record title to the property at the time such and
instrument is issued shall be listed as the grantor. The state of Vermont shall
be listed as the grantee for instruments described in subdivisions 1154(a)(4)
and, (5), and (8) of this title. The municipality issuing the instrument shall be
listed as the grantee for instruments described in subdivision 1154(a)(6) of this
title.
* * * Practice of Engineering by Licensed Designers and Installers * * *
Sec. 10. 26 V.S.A. § 1163(a) is amended to read:
(a) Persons exempt. Section 1162 of this title does not prohibit acts
constituting the practice of engineering performed as a necessary part of the
duties of:
(1) An officer or employee of the federal government.
(2) An officer or a full-time employee of the state.
(3) An officer or full-time employee of a municipality.
(4) A full-time employee of the Vermont association of conservation
districts while performing work for the on-site sewage disposal program.
Certain classes of licensed potable water supply and wastewater system
designers or installers, as designated by rule by the secretary of the agency of
natural resources, who design or install supplies or systems with a design flow
of up to 1,350 gallons per day and who are licensed under chapter 64 of
Title 10.
***
Sec. 11. 26 V.S.A. § 1163(b) is amended to read:
(b) Other professions. Section 1162 of this title does not prohibit acts
constituting the practice of any other legally recognized profession or
occupation, including the activity of site technicians licensed by the agency of
natural resources.
* * * Property Transfer * * *
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Sec. 12. 32 V.S.A. § 9606(c) is amended to read:
(c) The property transfer return required under this section shall also
contain a certificate in such form as the secretary of the agency of natural
resources and the commissioner of taxes jointly shall prescribe and shall be
signed under oath or affirmation by each of the parties or their legal
representatives. The certificate shall indicate:
(1) whether the transfer is in compliance with or is exempt from
regulations governing the subdivision of lands under section 1218 of Title 18
potable water supplies and wastewater systems under chapter 64 of Title 10;
and
(2) that the seller has advised the purchaser that local and state building
regulations, zoning regulations, and subdivision regulations potable water
supply and wastewater system requirements pertaining to the property may
limit significantly limit the use of the property.
* * * Effective Dates and Repeals * * *
Sec. 13. EFFECTIVE DATE
Sec. 11 of this act, which repeals reference to site technicians, shall take
effect 18 months after the effective date of rules adopted by the secretary under
10 V.S.A. § 1978 (governing designers’ licenses).
Sec. 14. REPEAL
(a) 3 V.S.A. § 2873(c) (trailer camps and tent sites), 10 V.S.A. §§ 746
(establishing on-site program), 747 (describing program), 748 (municipal
participation), and 749 (annual report), 10 V.S.A. chapter 61 (water supply and
wastewater permits), 10 V.S.A. §§ 1265a (holding tanks), 6201(5)(definition
of agency), 6232 (site plan review), 6233 (issuance of permit; revocation;
appeals), 6234 (bonuses for improved facilities and layout), 6235 (basic
regulations), and 6255 (failed potable water supplies and failed wastewater
systems), and 18 V.S.A. §§ 1218 (authorizing subdivision regulations) and
1221b (recording and filing) are repealed.
(b) 3 V.S.A. § 2827 (site technician certification) is repealed 30 months
after the effective date of the rules adopted by the secretary under 10 V.S.A.
§ 1978 (governing designers’ licenses).
(c)
18 V.S.A. §§ 1218a (single lot subdivision), 1218b (exempt
municipalities), 1218c (exempt municipalities with sewage ordinances), 1218d
(exempt municipalities without sewage ordinances), and 1218e (sewer
approval) are repealed two years after the effective date of rules adopted by the
secretary under 10 V.S.A. § 1978.
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* * * Transition and Implementation * * *
Sec. 15. TRANSITION AND IMPLEMENTATION
(a) Provisional designers’ licenses. A site technician, professional
engineer, or other individual legally practicing engineering in Vermont shall be
deemed, within the scope of his or her legal authority, to have a provisional
designer’s license under 10 V.S.A. § 1978. A provisional license shall remain
in effect until 30 months after the effective date of rules adopted under
10 V.S.A. § 1978, governing designers’ licenses, provided that:
(1) prior to performing any design work, the person notifies the
secretary of the fact that he or she was designing potable water supplies or
wastewater systems prior to July 1, 2001;
(2) the person pays the specified annual registration fee; and
(3) the secretary has not suspended or revoked the provisional license
pursuant to subsection 1975(e) of Title 10.
(b) Provisional installers’ licenses. A person in the business of installing
potable water supplies or wastewater systems that require a permit under
chapter 64 of Title 10 shall be deemed to have a provisional installer’s license
which shall remain in effect until 36 months after the effective date of rules
adopted under 10 V.S.A. § 1978 governing installers’ licenses, provided that:
(1) prior to performing any installation work, the person notifies the
secretary of the fact that he or she was installing potable water supplies or
wastewater systems prior to July 1, 2001; and
(2) the person pays the specified annual registration fee.
(c) Effect of rules. Notwithstanding the repeal by this act of 3 V.S.A.
§ 2873(c), 10 V.S.A. chapter 61, and 18 V.S.A. § 1218, the existing rules
regarding trailer camps, tent sites, water supply and wastewater permits,
mobile home parks and subdivisions shall be deemed to be rules under
10 V.S.A. chapter 64, and shall remain in effect until the effective date of the
non-emergency rules first adopted under that chapter.
(d) Existing permits. Notwithstanding the repeal by this act of 3 V.S.A.
§ 2873(c), 10 V.S.A. chapter 61, the mobile home park permitting
requirements of 10 V.S.A. chapter 153, and 18 V.S.A. § 1218, permits
regarding trailer camps, tent sites, potable water supplies, and wastewater
systems, mobile home parks, and subdivisions shall remain in effect, except as
otherwise provided in this act. These permits shall be deemed to be permits
issued under 10 V.S.A. chapter 64, and may be amended by the secretary under
that chapter.
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(e) Rulemaking. The secretary of the agency of natural resources may
commence rulemaking under this act prior to the effective date of all of the
provisions of this act.
(f) Undeveloped lots.
(1) An undeveloped lot that was in existence as of July 1, 2001 and
which was exempt from the subdivision permitting requirements that existed
on June 30, 2001, and any undeveloped lot greater than ten acres in size
created after June 30, 2001, but prior to the effective date of the nonemergency
rules adopted under 10 V.S.A. § 1978, is exempt from the permitting
requirements of 10 V.S.A. chapter 64. This exemption shall terminate:
(A) two years after the effective date of the nonemergency rules
adopted under 10 V.S.A. § 1978 for undeveloped lots in existence as of July 1,
2001, if the lot remains undeveloped; or
(B) on the effective date of nonemergency rules adopted under 10
V.S.A. § 1978 for undeveloped lots greater than ten acres in size created after
June 30, 2001, but before the effective date of the nonemergency rule, if the lot
remains undeveloped; or
(C) whenever the lot is developed by the construction of a building or
structure, other than only one single-family residence, the useful occupancy of
which requires a potable water supply or wastewater system.
(2) For lots that have been developed by the construction of only one
single-family residence, this exemption shall terminate when any action is
taken for which a permit is required under 10 V.S.A. chapter 64, if that action
is taken after the exemption termination dates established in subdivision (1) of
this subsection.
(g) Notwithstanding the repeal of 10 V.S.A. chapter 61, the exemptions
that were set forth in section 1952 of Title 10, with the exception of the
exemption for single-family residences on their own lots, shall remain in
effect. The exemptions shall terminate when and if any action for which a
permit is required under chapter 64 of Title 10 occurs one year after the
effective date of the nonemergency rules adopted under section 1978 of Title
10.
(h) The department of housing and community affairs, in cooperation with
the agency of natural resources, shall provide municipal planning grants,
technical assistance, and training to municipalities for the purpose of revising
municipal plans and bylaws, without decreasing necessary funding for regional
and municipal planning purposes. These funds and assistance would address
the new needs arising from the increase in land area that would be available for
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development as a result of adoption of rules allowing alternative technologies
for on-site disposal of wastewater in Vermont.
Sec. 16. Sec. 13 of No. 46 of the Acts of the 1999 Session is amended to read:
Sec. 13. CURATIVE EFFECT OF ACT
(a) If there is compliance with the conditions of the permit exemptions
described in subsection 1218(d) of Title 18 1974(b) of Title 10, the failure to
obtain a subdivision permit under section 1218 chapter 64 of Title 10 and the
failure to record such permit or comply with the requirements of such permit
shall not constitute a violation that adversely affects the marketability of title
under 27 V.S.A. chapter 5, subchapter 7.
(b) This section shall retroactively apply to these exempt properties.
Sec. 17. POSITIONS AND APPROPRIATION
(a) The establishment of two (2) new classified positions – one (1)
environmental scientist and one (1) environmental engineer – is authorized in
fiscal year 2002.
(b) There is hereby appropriated $125,000.00 from the environmental
permit fund in fiscal year 2002 to support the positions described in subsection
(a) of this section.
(Committee vote: 6-0-0)
Reported favorably with recommendation of amendment by Senator
Gossens for the Committee on Finance.
The Committee recommends that the bill be amended as recommended by
the Committee on Natural Resources and Energy with the following
amendments thereto:
First: in Sec. 1, 10 V.S.A. § 1974(b)(4), after the following: “as described
in subsection 1973” by striking “(b)”, and inserting in lieu thereof the
following: “(c)”
Second: in Sec. 2, 3 V.S.A. § 2822(j)(4) before the colon, by striking the
following: “10 V.S.A. chapter 61” and by inserting in lieu thereof the
following: “10 V.S.A. chapter 61 64”
Third: in Sec. 15(h), by striking the first sentence, and inserting in lieu
thereof the following: The agency of natural resources shall provide municipal
planning grants for the purpose of revising municipal plans and bylaws. and in
the second sentence, by striking the words “and assistance would address the
new needs” and inserting in lieu thereof the following: “are to address the
needs”
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Fourth: in Sec. 17, by adding a new subsection (c) to read as follows:
(c) There is hereby appropriated $250,000.00 in one-time general funds, in
FY 2002, to the agency of natural resources to carry out activities required by
subsection (h) of Sec. 15 of this act.
(Committee vote: 4-3-0)
S. 172.
An act relating to the Vermont working landscape.
Reported favorably with recommendation of amendment by Senator
Gossens for the Committee on Agriculture.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS
The general assembly finds that the current use program has been of great
service to Vermont. The program has helped encourage the maintenance of
Vermont’s productive agricultural and forest land, and preserve these lands for
future productive use. The program has enabled the protection of natural
ecological systems and the prevention of the accelerated conversion of these
lands to more intensive use by the pressure of property taxation at values
incompatible with the productive capacity of the land. More equitable taxation
for undeveloped lands has occurred because of the program resulting in the
preservation of Vermont’s scenic natural resources and encouraging the
protection of endangered species. The program has also increased the ability
of the citizens of Vermont to plan for the state’s orderly growth in the face of
increasing development pressures.
The general assembly also finds that maintaining the lands in the current
use program as farm and forest land is a key to the Vermont economy.
Vermont’s farms and forests are enjoyed by tourists and residents alike, and
provide jobs in the agriculture and forestry industries. Agriculture and tourism
are the second and third leading industries in the state. In 1999, agriculture
was worth $542 million to the Vermont economy in total cash receipts. Of that
total, sales from milk accounted for $413 million or 76 percent of Vermont’s
total agricultural economy. There are around 6,800 total farms in Vermont.
Of that number, 1,783 are dairy farms. Much of that farmland is enrolled in
the current use program.
The current use program has been helping landowners for more than ten
years, but the number of working farms in the state has continued to decline
due to familiar problems: increasing costs, decreasing profits, and the inability
to make ends meet. Over the last ten years, an average of four percent of all
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Vermont’s dairy farmers have gone out of business each year, with 1999 being
the worst year for farm loss with 123 farms, or 6.9 percent closing down. The
Northeast Dairy Compact has been helpful to dairy farmers by helping to
stabilize farm prices to give farmers a better opportunity to plan for the future,
to begin to recover more of their cost of production and to keep their farms
viable. But the Compact this year is facing an uphill battle in Congress for
reauthorization. At the same time, the state and federal government are
encouraging farmers to utilize best management practices and generally
accepted agricultural practices which will help the environment of Vermont.
Some portion of most farms in Vermont is forestland eligible for the current
use program. Many sugarbushes are enrolled in the program.
Eighty-three percent of Vermont is now forest land, and 18,000 Vermonters
are employed in the wood products industry. The industry has shown strong
growth in recent years, and plays a significant role in the Vermont economy.
Forest land enrolled in the current use program must be under an active
long-term management plan that is approved by the Department of Forests,
Parks and Recreation. Owners must submit an annual conformance report of
the activities conducted in accordance with their forest plan. The current use
program helps to make the wood products industry sustainable. Forest land
provides significant habitat for wildlife and wild plant species that play
important roles in the maintenance of the state’s ecosystem.
Therefore, the general assembly of Vermont finds that, in order to further
encourage the goals of the current use program and to protect the economic
vitality and environmental quality of the Vermont working landscape, the
owners of the agricultural land or managed forest land in the current use
program should not have to pay any education property taxes.
Sec. 2. 32 V.S.A. § 5401 is amended to read:
§ 5401. DEFINITIONS
As used in this chapter:
***
(6) “Equalized education property tax grand list” means one percent of
the aggregate fair market value of all nonresidential and homestead property
that is required to be listed at fair market value as certified during that year by
the director of property valuation and review under section 5406 of this title,
plus one percent of the aggregate value of property required to be listed at a
value established under a stabilization agreement described under section
5404a of this title, plus one percent of the aggregate use value established
under chapter 124 of this title of all nonresidential property that is enrolled in
the use value appraisal program.
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***
(10) “Nonresidential property” means all property except:
***
(G) Property that is enrolled in the use value appraisal program under
chapter 124 of this title.
(11) “Education property value” means the aggregate fair market value
of all nonresidential and homestead real property that is required to be listed at
fair market value as certified during that year by the director of property
valuation and review under section 5406 of this title, plus the aggregate value
of property required to be listed at a value established under a stabilization
agreement described under section 5404a of this title, plus the aggregate use
value established under chapter 124 of this title of all nonresidential real
property that is enrolled in the use value appraisal program.
Sec. 3. 32 V.S.A. § 5404 is amended to read:
§ 5404. DETERMINATION OF EDUCATION PROPERTY TAX GRAND
LIST
Municipalities shall determine the education property tax grand list by
calculating one percent of the listed value of nonresidential and homestead real
property as provided in this section. The listed value of all nonresidential and
homestead real property in a municipality shall be its fair market value, or its
value established under a stabilization agreement described in section 5404a of
this title, or the use value of property enrolled in a use value program under
chapter 124 of this title. If a homestead is located on a parcel of greater than
two acres, the entire parcel shall be appraised at fair market value; the
homestead shall then be appraised as if it were situated on a separate parcel
and the value of the homestead shall be subtracted from the value of the total
parcel to determine the value of the remainder of the parcel.
Sec. 4. EFFECTIVE DATE AND TRANSITIONAL RULE
(a) This act shall apply to education property tax grand lists of April 1,
2001 and after.
(b) The commissioner of taxes shall determine the education property tax
liability under section 5402 of Title 32 for each municipality for fiscal year
2002 without regard to property that is enrolled in the use value appraisal
program under chapter 124 of Title 32.
(Committee vote: 6-0-0)
House Proposal of Amendment
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S. 88
An act to update education statutes to reflect recent changes in law.
The House proposes to the Senate to amend the bill as follows:
First: In Sec. 8, 16 V.S.A. § 711b(d), in the second sentence, by striking the
word “assessment” and inserting in lieu thereof the words “amounts due”
Second: In Sec. 15, 16 V.S.A. § 4001(10), in the new language, by striking
the word “towns” and inserting in lieu thereof the words “school districts”
Third: In Sec. 16, 16 V.S.A. § 4011(e), by striking the new sentence and
inserting in lieu thereof a new sentence to read:
The commissioner shall pay an amount equal to the general state support grant
to the Vermont Academy of Science and Technology for each Vermont
resident, 12th grade student enrolled.
Fourth: In Sec. 18, by striking the section in its entirety and inserting in lieu
thereof:
Sec. 18. Sec. 17a of Act No. 49 of the Acts of 1999 is amended to read:
Sec. 17a. UNORGANIZED TOWNS AND GORES WITH FEWER THAN
FIVE STUDENTS
Notwithstanding any other provision of law, in fiscal years 1999, 2000 and
2001 only through 2004, any unorganized town or gore with fewer than five
students as of July 1 of the fiscal year:
***
Fifth: Following Sec. 18, by inserting a new Sec. 19 to read:
Sec. 19. 16 V.S.A. § 1162(a) is amended to read:
(a) A superintendent or principal may, pursuant to policies adopted by the
school board that are consistent with state board rules, suspend a pupil for up
to 10 school days or, with the approval of the board of the school district, expel
a pupil for up to the remainder of the school year or up to 90 school days,
whichever is longer, for misconduct on school property, on a school bus or at a
school-sponsored activity when the misconduct makes the continued presence
of the pupil harmful to the welfare of the school or for misconduct not on
school property, on a school bus or at a school-sponsored activity where direct
harm to the welfare of the school can be demonstrated. Nothing contained in
this section shall prevent a superintendent or principal, subject to subsequent
due process procedures, from removing immediately from a school a pupil
who poses a continuing danger to persons or property or an ongoing threat of
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disrupting the academic process of the school, or from expelling a pupil who
brings a weapon to school pursuant to section 1166 of this title.
And by renumbering the last section of the bill to be Sec. 20
Proposed Amendment To The Constitution
PROPOSAL 4
(Second day on Notice Calendar pursuant to Rule 83)
Pursuant to Rule 83 of the Senate Rules, notice is hereby given that
proposed amendment to the Constitution, Proposal 4, set forth below, will be
read the third time and acted upon, on the seventh legislative day following
Wednesday, March 28, 2001. At that time, the following question shall be
presented: “Shall the Senate concur in the proposal and request the
concurrence of the House?”`
Sec. 1. PURPOSE
This proposal would allow the general assembly to prescribe a mandatory
retirement age for justices of the Supreme Court and judges of all subordinate
courts.
Sec. 2. Section 35 of Chapter II of the Vermont Constitution is amended to
read:
§ 35. [Mandatory retirement]
All justices of the Supreme Court and judges of all subordinate courts shall
be retired at such age, not less than seventy years of age, as the General
Assembly may prescribe by law, or, if the General Assembly has not so
provided by law, at the end of the calendar year in which they attain seventy
years of age or at the end of the term of election during which they attain
seventy years of age, as the case may be, and shall be pensioned as provided by
law. The chief justice may from time to time appoint retired justices and
judges to special assignments as permitted under the rules of the Supreme
Court.
Sec. 3. EFFECTIVE DATE; TRANSITION
This proposal of amendment shall take effect upon ratification and adoption
by the people of this state in accordance with the provisions of chapter 32 of
Title 17, and shall apply to justices and judges in office at the time this
proposal becomes a part of the constitution, and to justices and judges
subsequently appointed.
ORDERED TO LIE
S. 111.
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An act relating to emergency care and treatment of an animal.
PENDING ACTION: Second reading.
S. 112.
An act relating to transporting regulated drugs into places of detention.
PENDING ACTION: Second reading.
S. 158.
An act relating to possession, delivery or sale of ecstasy.
PENDING ACTION: Second reading.
S. 197.
An act relating to filing of statements of nomination.
PENDING QUESTION: Shall the bill be read the third time?
CONFIRMATIONS
The following appointments will be considered by the Senate, as a group,
under suspension of the Rules, as moved by the President pro tempore, for
confirmation together and without debate, by consent thereby given by the
Senate. However, upon request of any senator, any appointment may be
singled out and acted upon separately by the Senate, with consideration given
to the report of the Committee to which the appointment was referred, and
with full debate; and further, all appointments for the positions of Secretaries
of Agencies, Commissioners of Departments, Judges, Magistrates, and
members of the Public Service Board shall be fully and separately acted upon.
Barbara Zander of St. Johnsbury – Magistrate of Family Court – By Senator
Leddy for the Committee on Judiciary. (for 2/8)
Patricia McDonald of Berlin – Commissioner of the Department of
Personnel – By Senator Doyle for the Committee on Government Operations.
(for 3/21)
Joint Assembly
***Thursday, March 29, 2001 – 10:30 A.M. – House Chamber - Retention
of three (3) Superior Court Judges and five (5) District Court Judges.
Public Hearings
Thursday, March 29, 2001 – Room 11 – 7:00 P.M. – Re: H. 475 – Permit
Reform-Act 250 – Senate Committee on Natural Resources and Energy.
Friday, March 30, 2001 – Room 11 – 3:00-5:00 P.M. – Re: S. 176 –
Animal Cruelty – Senate Committee on Agriculture.
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Reports On File
Pursuant to the provisions of 2 V.S.A. §20(c), (1) copy of the following reports
is on file in the office of the Secretary of the Senate:
103. Report on 2001 Survey of Vermont Emergency Food Shelves and
Community Kitchens. (March 2001) (Vermont Office of Economic
Opportunity)
104. Vermont Farm to Family Program. (March 2001) (Vermont Office of
Economic Opportunity)
105. Department of Buildings & General Services 2001 Report to the
General Assembly. (March 2001) (Agency of Administration)
INFORMATION NOTICE
The following grants were recently received by the Joint Fiscal Committee:
JFO #1974 - $15,000 grant from U.S. Department of Agriculture, Natural
Resources Conservation Council, to the Department of Agriculture, Food and
Markets. This grant (matched with funds from the Agency of Natural
Resources) will be used to reduce non-point pollution runoff by reducing
supplemental phosphorus levels in animal feeds by educating feed consultants,
veterinarians and farmers on the safe reduction of phosphorus in animal feed.
[JFO received 03/22/01]
JFO #1975 - $74,000 grant from the U.S. Department of Justice, Bureau of
Justice Assistance to the Department of State’s Attorneys. This grant (matched
with funds from the Department of Corrections) will be used to develop a
general planning process for a community prosecution program in Windsor.
Joint Fiscal Committee approval is being requested for one (1) limited service
sponsored position – Deputy State’s Attorney – for the duration of the grant.
[JFO received 03/28/01]
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