Senate Calendar
WEDNESDAY, MARCH 1, 2000
58th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
UNFINISHED BUSINESS OF TUESDAY, FEBRUARY 29, 2000
Third Reading
S. 296
An act relating to explosives and fireworks.
AMENDMENT TO S. 296 TO BE OFFERED BY SENATORS BAHRE
AND CANNS BEFORE THIRD READING
Senators Bahre and Canns move to amend the bill as follows:
First: In Sec. 1, in §3135 of 20 V.S.A., by striking out the following:
“§3135. CRIMINAL PENALTIES” and inserting in lieu thereof the
following: §3135. CRIMINAL AND CIVIL PENALTIES
Second: In Sec. 1, in §3135 of 20 V.S.A., subsection (a), subdivision (1) by
striking out the following: “1-999” and inserting in lieu thereof “51-999”
Third: In Sec. 1, in §3135 of 20 V.S.A., by adding a new subsection (d) to
read as follows:
(d) A person who violates this subchapter relating to the sale, possession or
use of up to 50 single units of fireworks shall be subject to a civil penalty of up
to $100 for each violation. The complaint shall be issued and filed with the
judicial bureau pursuant to chapter 20 of title 4.
Fourth: By adding a new section to be numbered Sec. 2. to read as follows:
Sec. 2. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
(a) A judicial bureau is created within the judicial branch under the
supervision of the supreme court.
(b) The bureau shall have jurisdiction of the following matters:
***
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(8) Violations of 20 V.S.A. § 3135(a)(1), relating to the sale, possession
or use of 1-50 single units of fireworks.
Third Reading
S. 311
An act relating to an interstate compact for the supervision of adult
offenders.
Second Reading
Favorable
H. 768
An act relating to recording and reporting local indebtedness.
Reported favorably by Senator Maynard for the Committee on Government
Operations.
(Committee vote: 5-0-1)
H. 786
An act relating to election of road commissioners.
Reported favorably by Senator Ankeney for the Committee on Government
Operations.
(Committee vote: 5-0-1)
Favorable with Recommendation of Amendment
S. 48
An act relating to registration at the polling place and early voter absentee
ballots.
Reported favorably with recommendation of amendment by Senator
Maynard for the Committee on Government Operations.
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. 17 V.S.A. § 2103 is amended to read:
§ 2103. DEFINITIONS
(1) “Absent voter” means both a civilian absentee voter and a military
service absentee voter. “Early voter” means any voter of the state who has
requested an early voter ballot as provided in subchapter 6 of chapter 51 of this
title.
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***
(8) "Civilian absentee voter" at any Australian ballot election means a
voter of the state who, by reason of illness, injury, physical disability, religious
principle, or necessary absence from his town of residence during the hours the
polls are open, expects to be unable to attend in person at the polling place.
***
(20) “Military service absentee voter” means a person who is unable to
attend at his or her regular polling place and who comes within one of the
following categories:
(A) Persons in the military service and their spouses and dependents.
(B) A patient in a veterans’ hospital located in any place other than
his or her place of residence; or .
(C) Civilians attached to or serving with the Armed Forces of the
United States outside this state and their spouses and dependents when residing
with or accompanying them.
***
Sec. 2. 17 V.S.A. § 2494 is amended to read:
§ 2494. CONSTRUCTION WITH OTHER LAWS
Except as this subchapter affects the method of registering votes and
ascertaining the result, the laws of this state pertaining to elections shall be
applicable. The laws pertaining to absent early voters shall in no way be
affected by this subchapter, and absentee votes cast by early voters shall be
counted with votes registered on voting machines.
Sec. 3. 17 V.S.A. § 2531 is amended to read:
§ 2531. APPLICATION FOR ABSENT EARLY VOTER BALLOTS
(a) A voter who expects to be an absent voter, may apply for an absent
early voter ballot until 5:00 p.m. or the closing of the town clerk's office on the
day preceding the election, or an authorized person on behalf of the absent
voter may apply for an absent early voter ballot not later than 12:00 noon on
the day preceding the election.
(b) All applications shall be filed with the town clerk of the town in which
the absent early voter is registered to vote. The town clerk shall file written
applications and memoranda of verbal applications in his or her office, and
shall retain the applications and memoranda for 90 days following the election,
at which time they may be destroyed.
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(c) Voting by absentee early voter ballot shall be allowed only in elections
using the Australian ballot system.
Sec. 4. 17 V.S.A. § 2532 is amended to read:
§ 2532. APPLICATIONS; FORM
(a) An absent A voter, or an authorized family member acting in the voter's
behalf, may apply for an absent early voter ballot by telephone, in person or in
writing. For purposes of this section, "Family family member" here means a
person's spouse, children, brothers, sisters, parents, spouse's parents,
grandparents, and spouse's grandparents. Any other authorized person may
apply in writing or in person. The application shall be in substantially the
following form:
REQUEST FOR ABSENTEE EARLY VOTER BALLOT
Name of absentee early voter:
Current address:
Residence (if different):
If applicant is other than absentee early voter:
Name of applicant:
Address of applicant:
Relationship to absentee early voter:
Date:
Signature:
If the application is made by telephone or in writing, the information supplied
must be in substantial conformance with the information requested on this
form.
(b) A person temporarily residing in a foreign country who is eligible to
register to vote in this state, or a military service absentee voter who is eligible
to register to vote in this state, may apply for absentee early voter ballots in the
same manner and within the same time limits that apply for other absent early
voters. An official federal postcard application shall suffice as a simultaneous
request for an application for addition to the checklist and for an absentee early
voter ballot, when properly submitted. Any other person also may make a
simultaneous request for an application for addition to the checklist and an
absentee early voter ballot. The provisions of this section shall apply to
anyone who is not eligible to register prior to the third Saturday before the day
of election, but expects to be eligible on or before election day.
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(c) If the request is received by the town clerk not later than 17 days before
the election, the town clerk shall mail a blank application for addition to the
checklist, together with a full set of absentee early voter ballots, to the person
who has applied for absentee early voter ballots. All such applications for
addition to the checklist which are returned to the town clerk before the close
of the polls on election day shall be considered and acted upon by the board of
civil authority before the ballots are counted. If the application is approved
and the name added to the checklist, the absentee early voter ballots cast by
that voter shall be treated as other valid absentee early voter ballots.
(d) An application for an absent early voter ballot shall be valid for only
one election, unless specific request is made by an absent early voter that the
application be valid for both a primary election, excluding a presidential
primary, and the general election next following, as long as both ballots are to
be mailed to the same address.
(e) A person residing in a state institution may apply for absentee early
voter ballots in the same manner and within the same time limits that apply for
other absent early voters.
(f) The town clerk may, upon application, issue a duplicate early voter
ballot if the original ballot is not received by the voter within a reasonable
period of time after mailing. The application may be made by a person entitled
to apply for an absent early voter ballot under subsection (a) of this section and
shall be accompanied by a sworn statement affirming that the voter has not
received the original ballot. If a duplicate absent ballot is issued and both the
duplicate and original absent ballot are received before the close of the polls on
election day, the ballot with the earliest postmark shall be counted.
Sec. 5. 17 V.S.A. § 2533 is amended to read:
§ 2533. NOTIFICATION OF INVALID APPLICATION
If the town clerk finds an application for an absent early voter ballot which
has been submitted to him or her to be invalid or incomplete, the clerk shall
immediately notify the person making the application, either personally or by
mail, stating the ground on which the same is found to be invalid. The
application may be corrected but shall not be valid unless it is returned
corrected to the clerk within the time allowed for submitting an original
application.
Sec. 6. 17 V.S.A. § 2534 is amended to read:
§ 2534. LIST OF ABSENT EARLY VOTERS
Upon receipt of the valid applications the town clerk shall make a list of the
absent early voters. The list shall include each absent early voter's name and
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address. A copy of the list shall be posted at the town clerk's office and in each
polling place in the town upon the opening of the polls and shall remain posted
until all votes are counted.
Sec. 7. 17 V.S.A. § 2535 is amended to read:
§ 2535. FORM OF ABSENTEE EARLY VOTER BALLOTS AND
ENVELOPES
(a) Absentee Early voter ballots shall be the same as the official ballots to
be used at the election.
***
(c) Envelopes, including return envelopes, containing absentee early voter
ballots may, as circumstances require, be particularly imprinted, stamped or
superscribed with approved identification words or symbols designating the
same as "Vermont Official Absent Early Voter Ballot" and with such
additional words or devices as are necessary to comply with any censorship
regulations or rules which may be in effect at the time of mailing.
Sec. 8. 17 V.S.A. § 2536 is amended to read:
§ 2536. FURNISHING ABSENTEE EARLY VOTER ENVELOPES
Upon request, the secretary of state shall furnish the envelopes prescribed in
sections 2535 and 2542 of this title to town clerks in such numbers as they
request.
Sec. 9. 17 V.S.A. § 2537 is amended to read:
§ 2537. ABSENTEE EARLY VOTING IN THE TOWN CLERK'S OFFICE
An absent A voter may, if he or she chooses, apply in person to the town
clerk for the absentee early voter ballots and envelopes rather than having them
mailed as required by section 2539 of this title. In this case, the clerk shall
furnish the absentee early voter ballots and envelopes when a valid application
has been made. The applicant shall mark his or her ballots, seal them in the
envelope, sign the certificate and return the ballots in the sealed envelope to
the town clerk or his or her the clerk’s assistant, without leaving the office of
the town clerk.
Sec. 10. 17 V.S.A. § 2538 is amended to read:
§ 2538. DELIVERY OF BALLOTS BY JUSTICES OF THE PEACE
(a) In the case of persons who are absent early voters due to illness or
physical disability, ballots shall be delivered in the following manner unless
the absent voter has requested pursuant to section 2539 of this title that the
absentee early voter ballots be mailed. Not later than three days prior to the
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election, the board of civil authority shall designate in pairs justices of the
peace in numbers sufficient to deliver absentee early voter ballots to the
applicants for absentee ballots who have stated in their applications that they
are unable to vote in person at the polling place due to illness or physical
disability but who have not requested in their applications that absentee early
voter ballots be mailed to them. If there shall not be available a sufficient
number of justices to make up the required number of pairs, a member of each
remaining pair shall be designated by the board, to be selected from lists of
registered voters submitted by the chairs of the town committees of political
parties, and from among registered voters who in written application to the
board state that they are not affiliated with any political party. No candidate or
spouse, parent, or child of a candidate, shall be eligible to perform the duties
prescribed by this section unless the candidate involved is not disqualified by
section 2456 of this title from serving as an election official. This shall not
prevent a candidate for district office from serving as a justice in another
district. The compensation of justices and voters designated under this
subsection shall be fixed by the board of civil authority and shall be paid by the
town.
(b) The town clerk shall divide the list of ill or physically disabled
applicants into approximately as many equal parts as there are pairs of justices
so designated, having regard to the several parts of the town in which the
applicants may be found. During the eight days immediately preceding
election day and on election day, the clerk shall deliver to each pair of justices
one part of the list, together with absent early voter ballots and envelopes for
each applicant. When justices receive ballots and envelopes prior to election
day, they shall receive only the ballots and envelopes they are assigned to
deliver on that day.
(c) Each pair of justices on the days they are assigned to deliver the ballots
and envelopes, shall call upon each of the absent early voters whose name
appears on the part of the list furnished to them and shall deliver absentee early
voter ballots and envelopes to each absent voter those voters. The absent voter
shall then proceed to mark the ballots alone or in the presence of the justices,
but without exhibiting them to the justices or to any other person, except that
when the absent voter is blind or physically unable to mark his or her ballot,
they may be marked by one of the justices in full view of the other.
Sec. 11. 17 V.S.A. § 2539 is amended to read:
§ 2539.
MAILING OF ABSENTEE EARLY VOTER BALLOTS;
PERMANENTLY DISABLED VOTERS
(a) Unless the absent early voter votes in the town clerk's office, or unless
the justices are to deliver the absentee early voter ballots to the absent voter,
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the town clerk shall mail a complete set of absentee early voter ballots to each
absent voter for whom a valid application has been filed. The absentee early
voter ballots shall be mailed forthwith upon the filing of a valid application, or
upon the town clerk's receipt of the necessary ballots, whichever is later.
Absentee Early voter ballots to persons having addresses outside the fifty 50
states and the District of Columbia shall be sent air mail, first class, postpaid
when such service is available.
(b) In the case of persons who are absent early voters due to illness or
physical disability, if the absent voter or authorized person requests in his
application or otherwise that absentee early voter ballots be mailed rather than
delivered by justices of the peace, the town clerk shall mail the absentee
ballots; otherwise the absentee ballots shall be delivered to such absent voters
by justices of the peace. In the case of all other absent early voters, the town
clerk shall mail the absentee early voter ballots unless the absent voter by his
or her own choice applies and votes in person at the town clerk's office.
Sec. 12. 17 V.S.A. § 2540 is amended to read:
§ 2540. INSTRUCTIONS TO BE SENT WITH BALLOTS
(a) The town clerk shall send with all absentee early voter ballots and
envelopes printed instructions, which may be included on the envelope, in
substantially the following form:
INSTRUCTIONS FOR ABSENTEE EARLY VOTERS
***
(b) In the case of absentee voting in a primary, the instructions shall also
include appropriate early voter instructions prepared by the secretary of state
for separating and depositing unvoted ballots in a separate envelope provided
and clearly marked for that purpose.
Sec. 13. 17 V.S.A. § 2541 is amended to read:
§ 2541. MARKING OF BALLOTS
(a) An absent early voter to whom ballots, envelopes and instructions are
mailed shall mark the ballots in accordance with the instructions.
(b) When an absent early voter is blind or is physically unable to go to the
polls to vote in person or to mark his or her ballots, they may be marked by
one of the officers who delivers the ballots, in the presence of the other officer.
A person who gives assistance to a voter in the marking or registering of his or
her ballot shall not in any way divulge any information regarding the choice of
the voter or the manner in which the voter's ballot was cast.
Sec. 14. 17 V.S.A. § 2542 is amended to read:
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§ 2542. SIGNING CERTIFICATE
There shall be printed on the face of the envelope provided for use in
returning absentee early voter ballots a certificate in substantially the following
form:
"Absent Early Voter Ballots of
........................................................."
(print your name)
I, ............................. , solemnly swear that I am a resident of the town (city) of
....................., State of Vermont, and that I am a legal voter in this town (city).
___________________________
(your signature)
The absent early voter must sign the certificate on the outside of the envelope
in order for the ballot to be valid. When an absent early voter is physically
unable to sign his or her name, he or she may mark an "X" or take an oath
swearing to the statement on the certificate. The officers who deliver the
ballots shall witness the mark or oath and sign their names with a statement
attesting to this fact on the envelope.
Sec. 15. 17 V.S.A. § 2543 is amended to read:
§ 2543. RETURN OF BALLOTS
After marking the ballots and signing the certificate on the envelope, the
absent early voter to whom the same are addressed shall return the ballots to
the clerk of the town in which he or she is a voter, in the manner prescribed,
except that in the case of a voter to whom ballots are delivered by justices, his
the ballots shall be returned to the justices calling upon him or her, and they
the justices shall deliver them to the town clerk. Absentee Early voter ballots
must be returned before the polls close on election day in order to be counted.
Sec. 16. 17 V.S.A. § 2545 is amended to read:
§ 2545.
RECEIPT OF MARKED BALLOTS BY TOWN CLERK;
DELIVERY TO ELECTION OFFICERS
Upon receipt of the envelope containing the marked ballots of an absent
early voter, the town clerk shall record the fact on the list of absent early voters
and safely keep the envelope until election day. During the hours that the polls
are open, he the clerk shall deliver the envelope to the presiding officer in the
polling place where the absent early voter would have voted if he the voter had
voted in person.
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Sec. 17. 17 V.S.A. § 2546 is amended to read:
§ 2546. DEPOSIT OF ABSENTEE EARLY VOTER BALLOTS IN
BALLOT BOX
(a) Upon receipt of the absent early voter's ballots, the election officials
shall examine the checklist and ascertain that the absent early voter is qualified
to vote, that he the voter has not already voted in person and that the certificate
on the envelope containing the ballots is properly filled out. When the election
officials are satisfied that the absent early voter is legally qualified to vote, has
not already voted in person and that the certificate is properly filled out, they
shall open the envelope containing the ballots, and without unfolding the
ballots or permitting the same to be opened or examined, shall have the proper
election official place a mark upon the entrance and exit checklists indicating
the fact that the voter has voted by means of an absent early voter ballot, and
shall deposit the ballots in the proper ballot boxes. Such absentee early voter
ballots shall be commingled with the ballots of voters who have voted in
person, and thereafter treated as those ballots are treated.
(b) In the case of towns using voting machines, the absentee early voter
ballots deposited under this section shall be deposited in ballot boxes or other
secure containers. The ballot boxes or containers shall not be opened, and the
absentee early voter ballots shall not be counted, until the polls are closed.
Sec. 18. 17 V.S.A. § 2547 is amended to read:
§ 2547. DEFECTIVE BALLOTS
If upon examination by the election officials it shall appear that the absent
early voter is not legally qualified to vote, or has voted in person, or that the
affidavit on any envelope is insufficient, or in the case of a primary vote, the
absentee early voter has failed to return the unvoted portions of the primary
ballots, such envelope shall be marked "defective," and the ballots inside shall
not be counted and shall be returned in the unopened envelope to the town
clerk in the manner prescribed by section 2590 of this title. The provisions of
this section shall be indicated prominently in the absent early voter material
prepared by the secretary of state.
Sec. 19. GENERAL AMENDMENTS
(a) The terms “absent ballot”, “absent ballots”, “absentee ballot” and
“absentee ballots” are amended to read “early voter ballot” or “early voter
ballots”, as appropriate, wherever they appear in the Vermont Statutes
Annotated.
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(b) The terms “absent voter”, “absent voters”, “absentee voter” and
“absentee voters” are amended to read “early voter” or “early voters”, as
appropriate, wherever they appear in the Vermont Statutes Annotated.
(c) The terms “absent voting” and “absentee voting” are amended to read
“early voting” wherever they appear in the Vermont Statutes Annotated.
Sec. 20. EFFECTIVE DATE
This act shall take effect upon passage.
And further that the title of the bill be amended to read:
AN ACT RELATING TO EARLY VOTER BALLOTS
(Committee vote: 5-0-1)
S. 237
An act relating to minors and alcohol.
Reported favorably with recommendation of amendment by Senator Rivers
for the Committee on Transportation.
The Committee recommends that the bill be amended as follows:
First: By striking out Sec. 3 in its entirety and inserting in lieu thereof a
new Sec. 3 to read as follows:
Sec. 3. 23 V.S.A. § 610 is amended to read:
§ 610. LICENSE CERTIFICATES: REQUIREMENTS; PHOTOGRAPHIC
LICENSES
(a) The commissioner shall assign a distinguishing number to each licensee
and shall furnish him or her a license certificate, showing the number, his or
her the licensee’s mailing address and with a space for the signature of the
licensee for the purposes of identification. The license shall be void until the
signature of the licensee is affixed to it.
(b) The commissioner shall issue photographic operator’s certificates,
which clearly identify the date on which the individual becomes 21, in
prominent type, if it is issued before the 21st birthday. The commissioner shall
report to the legislature by January 15, 2001, what efforts have been taken in
this area, as well as the additional cost and feasibility of issuing certificates in a
vertical format for those individuals under 21 when the current contract for
issuing certificates is renewed in 2001.
(c) Upon request, a license certificate shall be issued with the photograph
of the licensee included on the certificate. The commissioner shall determine
the fee for the photographic license and shall determine where it may be
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issued. A photographic license certificate issued under this subsection shall
include a magnetic strip that includes only information found on the front of
the individual’s operator license.
Second: By adding a new Sec. 4 to read as follows:
Sec. 4. 23 V.S.A. § 115(h) is added to read:
(h) The commissioner shall issue photographic identification cards, which
clearly identify the date on which the individual becomes 21, in prominent
type, if it is issued before the 21st birthday. The commissioner shall report to
the legislature by January 15, 2001, what efforts have been taken in this area,
as well as the additional cost and feasibility of issuing identification cards in a
vertical format for those individuals under 21 when the current contract for
issuing identification cards is renewed in 2001.
And by renumbering the remaining sections to be numerically correct
Third: By adding a new Sec. 8 to read as follows:
Sec. 8. APPROPRIATION
The sum of $30,000.00 is appropriated from the transportation fund to the
department of motor vehicles, account number 0402820102, to implement the
provisions of Sec. 3 of this act.
(Committee vote: 5-0-0)
Reported favorably by Senator Ide for the Committee on Appropriations.
(Committee vote: 7-0-0)
Favorable with Proposal of Amendment
H. 204
An act relating to standards for privatization of state jobs.
Reported favorably with recommendation of proposal of amendment by
Senator Brownell for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend
the bill as follows:
First: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (1), by
striking out the following:
“, including any requirements that work be performed during a specified
hour”
Second: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (2), after
the word “employees”, by adding the following: “within the agency”
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Third: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4),
subparagraph (E), after the word “years”, by adding the following: “or
provided on an intermittent basis for the duration of the contract”
Fourth: In Sec. 2, § 342 of 3 V.S.A., subsection (a), subdivision (4), by
striking out subparagraph (H) in its entirety and inserting in lieu thereof a new
subparagraph (H) to read as follows:
(H) Efforts to recruit state employees to perform work, authorized by
law, have failed in that no applicant meeting the minimum qualifications has
applied for the job.
(Committee Vote: 5-0-1)
(For House amendments, see House Journal for February 8, 2000, page 218;
February 9, 2000, page 232.)
Joint House Resolution for Action
J.R.H. 192
Joint resolution in memory of Roberta R. Haynes.
(For text of resolution, see Senate Journal for Friday, February 25, 2000)
NEW BUSINESS
Third Reading
S. 303
An act relating to treatment of opiate addiction
AMENDMENT TO S. 303 TO BE OFFERED BY SENATOR SEARS
BEFORE THIRD READING
Senator Sears moves to amend the bill as follows:
First: On page 4, in Sec. 2, after line 16, by adding subsections (c) and (d)
to read as follows:
(c)
Members of the advisory committee shall receive per diem
compensation and reimbursement of expenses pursuant to §1010 of Title 32.
(d) Members of the advisory committee shall be appointed to represent
diverse geographic regions of the state of Vermont.
Second: On page 4, in Sec. 2, line 19, after the words “shall develop”, by
adding the following: “, by rule,”
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Second Reading
Favorable with Recommendation of Amendment
S. 240
An act relating to the management of stormwater runoff.
Reported favorably with recommendation of amendment by Senator Ready
for the Committee on Natural Resources and Energy.
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. § 1253(d) is amended to read:
(d) The board shall determine what degree of water quality and
classification should be obtained and maintained for those waters not classified
by it before 1981 following the procedures in sections 1254 and 1258 of this
title. Those waters shall be classified in the public interest. The secretary shall
revise all 17 basin plans by January 1, 2000 2006, and update them every five
years thereafter. At least one basin plan shall be completed per year beginning
in 1992. On or before January 1 of each year, the secretary shall report to the
house committees on agriculture and natural resources and energy and to the
senate committees on agriculture and natural resources and energy regarding
the progress made and difficulties encountered in revising basin plans. By
January 1, 1993, the secretary shall prepare an overall management plan to
ensure that the water quality standards are met in all state waters.
Sec. 2. 10 V.S.A. § 1264 is amended to read:
§ 1264. STORMWATER MANAGEMENT
(a) The runoff of stormwater that is collected and discharged to the waters
of the state and which may be deleterious to the surrounding waters shall be
subject to the provisions of this chapter. The general assembly finds that the
management of stormwater runoff is necessary to reduce stream channel
instability, pollution, siltation, sedimentation and local flooding, all of which
have adverse impacts on the water and land resources of the state. The general
assembly intends, by enactment of this section, to reduce the adverse effects of
stormwater runoff. The general assembly determines that this intent may best
be attained by a process that: assures broad participation; focuses upon the
prevention of pollution; relies on structural treatment only when necessary;
establishes and maintains accountability; tailors strategies to the region and the
locale; assures an adequate funding source; builds broad-based programs;
provides for the evaluation and appropriate evolution of programs; is
consistent with the federal Clean Water Act and the state water quality
standards; and accords appropriate recognition to the importance of community
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benefits that accompany an effective stormwater runoff management program.
However, the The term "stormwater runoff," as used in this section, is limited
to collected discharges from large scale developments to sensitive water
quality areas, means precipitation that does not infiltrate into the soil, including
material dissolved or suspended in it, but does not include discharges from
undisturbed natural terrain or wastes from combined sewer overflows, and
does not include ditching, tiling or the creation of grass waterways within
agricultural lands.
(b) The secretary shall prepare a plan for the management of collected
stormwater runoff found by the department to be deleterious to receiving
waters. The plan shall recognize that the runoff of stormwater is different from
the discharge of sanitary and industrial wastes because of the influence of
natural events of stormwater runoff, the variations in characteristics of those
runoffs, and the increased stream flows and natural degradation of the
receiving water quality at the time of discharge. The plan shall be cost
effective and designed to minimize any adverse impact of stormwater runoff to
waters of the state. By no later than April 1, 2001, the secretary shall prepare
an enhanced stormwater management program and report to the general
assembly on the content of that program. In developing the program, the
secretary shall consult with the water resources board, affected municipalities,
regional entities, other state and federal agencies, and members of the public.
The secretary shall be responsible for implementation of the program. The
secretary’s stormwater management program shall include, at a minimum,
provisions that:
(1) Indicate that the primary goals of the state program will be to assure
compliance with the Vermont water quality standards and to maintain after
development, as nearly as possible, the predevelopment runoff characteristics.
(2) Allow for differences in hydrologic characteristics in different parts
of the state.
(3) Incorporate stormwater management into the basin planning process
conducted under section 1253 of this title.
(4) Assure consistency with applicable requirements of the federal Clean
Water Act.
(5)
Address stormwater management in new development and
redevelopment.
(6) Control stormwater runoff from construction sites and other land
disturbing activities.
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(7) Indicate that water quality mitigation practices may be required for
any redevelopment of previously developed sites, even when
pre-redevelopment runoff characteristics are proposed to be maintained.
(8) Specify minimum requirements for inspection and maintenance of
stormwater management practices.
(9) Promote detection and elimination of improper or illegal connections
and discharges.
(10) Promote implementation of pollution prevention during the conduct
of municipal operations.
(11) Provide for a design manual that includes technical guidance for the
management of stormwater runoff.
(12) Encourage municipal governments to utilize existing regulatory and
planning authority to implement improved stormwater management by
providing technical assistance, training, research and coordination with respect
to stormwater management technology, and by preparing and distributing a
model local stormwater management ordinance.
(13) Promote public education and participation among citizens and
municipalities about cost-effective and innovative measures to reduce
stormwater discharges to the waters of the state.
(c) The secretary shall submit the plan program report to the house
committees on agriculture and natural resources and energy and to the senate
committees on agriculture and energy and natural resources and energy.
(d) The board shall consider the plan, and may amend it. It shall adopt the
plan as a rule under the Administrative Procedure Act. No later than July 1,
2001, the secretary shall file with the secretary of state a proposed rule which
contains the regulatory elements of the program.
(e) After the plan program takes effect as a rule, the secretary shall issue
require a discharge permit for discharge of collected stormwater runoff which
achieves the goals of the plan consistent with, at a minimum, the December 15,
1997, agency of natural resources stormwater management procedures. The
secretary may issue, condition, modify, revoke or deny discharge permits for
collected stormwater runoff, as necessary to assure achievement of the goals of
the program and compliance with state law and the federal Clean Water Act.
The permit shall require as a condition of approval, proper operation and
maintenance of any stormwater management facility and submittal by the
permittee of a semiannual inspection report on the operation, maintenance and
condition of the stormwater management system. The permit shall contain
additional conditions, requirements and restrictions as the secretary deems
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necessary to achieve and maintain compliance with the water quality standards,
including but not limited to requirements concerning recording, reporting and
monitoring the effects on receiving waters due to operation and maintenance of
stormwater management facilities. The secretary may issue general permits
for classes of stormwater runoff permittees and may specify the period of time
for which the permit is valid other than that specified in section 1263(d)(4) of
this title when such is consistent with the goals provisions of this section.
General permits shall be adopted and administered in accordance with the
provisions of subsection 1263(b) of this title. No permit is required under this
section for stormwater runoff from fields used for normal agricultural activities
farms subject to accepted agricultural practices adopted by the commissioner
of agriculture, food and markets or for stormwater runoff from silvicultural
activities subject to acceptable management practices adopted by the
commissioner of forests, parks and recreation.
(f) Where the secretary determines the water quality standards are not met
in receiving waters due, in whole or in part, to collected stormwater runoff, the
secretary may issue a general permit specific to the watershed or a permit for
an individual project, but not a statewide general permit for such receiving
waters. Any permit issued pursuant to this subsection shall include a
compliance schedule of no longer than five years reasonably designed to assure
attainment of the water quality standards in the receiving waters. This
compliance schedule shall not require a permittee to take actions regarding
discharge of collected stormwater runoff that are not subject to the control of
the permittee.
Sec. 3. 24 V.S.A. § 4407(20) is added to read:
(20) Stormwater management and control. Any municipality may adopt
zoning and subdivision regulations as necessary to implement stormwater
management and control consistent with the program developed by the
secretary of natural resources pursuant to 10 V.S.A. § 1264.
Sec. 4. TRANSITION
(a) Until the secretary has adopted rules implementing the enhanced
program for management of stormwater runoff, the secretary’s existing
program shall remain in effect, and may be amended by the secretary, under
the authority of this section prior to the amendments included in this act.
(b) The secretary shall conduct a study of stormwater management
responsibilities suitable for implementation by municipalities and shall present
to the legislature recommendations for promoting increased and cost effective
municipal involvement in stormwater management. The study shall be
conducted in cooperation with representatives of: municipal governments,
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conservation groups, fishing groups, the construction industry, agricultural
interests, and the earth moving and shaping industry.
(Committee vote: 6-0-0)
House Proposal of Amendment
J.R.S. 88
Joint resolution honoring Ruth Finn on her retirement as Barre Town Clerk
and Treasurer.
The House proposes to the Senate to amend the resolution by striking out all
after the title and inserting in lieu thereof the following:
Whereas, a town’s clerk and treasurer is entrusted with enormous
responsibility for a municipality’s administrative and financial well-being, and
Whereas, the competence of town clerks and treasurers is reflected in the
quality of services provided to their citizens, and
Whereas, while Vermonters have elected many highly reputable and
respected town clerks, a few stand in a class by themselves, and
Whereas, without question, Ruth Finn of Barre Town merits inclusion in
this special category of extraordinary town clerks and treasurers, and
Whereas, since 1984, when the voters of Barre Town first elected this
Randolph native, as the municipality’s leading administrative and financial
official, they have experienced the highest caliber of local government service,
and
Whereas, Ruth Finn ideally prepared to assume this important
administrative position having graduated in 1957 from Simmons College in
Boston where her studies included courses in government and subsequently
familiarizing herself with the law by attending Portia Law School, and
Whereas, she enhanced her knowledge of legal matters by working as a
paralegal in her father’s and brother’s law office, and
Whereas, Ruth Finn is the wife of attorney Richard M. Finn, and they are
the proud parents of a son and a daughter who in 1976 served as a legislative
page,
Whereas, the International Institute of Municipal Clerks has certified her
as a municipal clerk in recognition of her successfully completing the
institute’s training curriculum, and
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Whereas, Ruth Finn mastered the intricacies of Barre Town’s government
and finances to such an extent that she was recognized as an encyclopedic
expert on the town’s public administration, and
Whereas, she has always exercised her official duties with the utmost care
and professionalism, and
Whereas, Ruth Finn’s colleagues in the Vermont Clerks and Treasurers
Association, who hold her in the highest regard, elected her to serve as the
association’s president, and
Whereas, she was also elected president of the Vermont Government
Officers’ Association, and
Whereas, in recognition of her expertise on matters pertaining to the
organization and preservation of municipal records, the governor appointed
Ruth Finn to the Vermont Historical Records Board, and
Whereas, aside from her duties as Barre Town Clerk and Treasurer, Ruth
Finn has led an active and fulfilling life having served as a Vice President
General of the National Society of the Daughters of the American Revolution
and as an Incorporator of the Hillside School for Boys in Marlboro,
Massachusetts and
Whereas, after 16 years of exemplary municipal service as Barre Town
Clerk and Treasurer, Ruth Finn has decided that she is ready for a change of
pace, and has decided not to stand for reelection on Town Meeting Day, now
therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly is pleased to honor Ruth Finn for her 16 years
of outstanding service as Barre Town Clerk and Treasurer, and be it further
RESOLVED: That the Secretary of State be directed to send a copy of this
resolution to Ruth Finn in Barre Town.
NOTICE CALENDAR
Committee Bill for Notice
S. 323
An act relating to participation in an interstate compact for emergency
management.
By the Committee on General Affairs and Housing.
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Public Hearings
Wednesday, March 22, 2000 – Room 11 – 7:00-9:00 P.M. – Re: EMS Emergency Medical Services – House Committee on Commerce.
Thursday, March 23, 2000 – Room 11 – 7:00-10:00 P.M. – Re: Air
Quality: Vermont Agency of Natural Resources Proposal to Increase NOX
Emissions Through a Federal Waiver – Senate Committee on Natural
Resources and Energy
CALENDAR NOTICE OF PUBLIC HEARING ON V.I.T.
Monday, March 20, 2000, 7:00 P.M. - 9:30 P.M.
BILL #: (FY 2001 Appropriations Bill) - Senate Appropriations Committee
The Senate Appropriations Committee will hold a public hearing on
Vermont Interactive Television. The purpose of the hearing is to give Vermont
citizens throughout the State an opportunity to express their views about the
State’s fiscal year 2001 budget. Eleven (11) V.I.T. site locations will be used
for the hearing: Bennington, Brattleboro, Canaan, Colchester, Middlebury,
Newport, Randolph Center, Rutland, St. Albans, St. Johnsbury and Waterbury.
For further information concerning studio site locations, contact Rebecca Buck
in the Legislative Fiscal Office at 802/828-5969. Requests for captioning
should be made to Ms. Buck at the Legislative Fiscal Office no later than 4:00
P.M. on Thursday, March 9.
REPORTS ON FILE
Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following
reports is on file in the office of the Secretary of the Senate:
67. Petroleum Cleanup Fund Status Report for calendar year 1999.
(February 2000) (Agency of Natural Resources, Department of Environmental
Conservation)
68. Vermont State House Study of Space Needs. (February 2000)
(Agency of Administration, Department of Buildings and General Services)
69. Vermont Educational & Health Buildings Financing Agency 1999
Annual Report. (February 2000)
70. Vermont Fuel Assistance Report (LIHEAP). – (February 2000) (Agency of Human Services)
71.
2000)
Vermont Municipal Bond Bank 1999 Annual Report – (February
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CROSSOVER DEADLINE
The Crossover deadline has been set for Friday, March 3, 2000.
This deadline means that all Senate bills must be reported out of the last
committee of reference (excluding the Committees on Appropriations and
Finance) on or before Friday, March 3, 2000, and filed with the Secretary of
the Senate so that they can be placed on the Calendar for Notice the next
legislative day.
All bills needing consideration by the Committees on Appropriations and
Finance must be reported out by those committees on or before Friday, March
17, 2000, and filed with the Secretary of the Senate.
These deadlines may be waived for any bill or committee only with the
consent of the Committee on Rules.
Note: The House has chosen not to impose any crossover deadline. It is the
intention of the President pro tempore, nevertheless, that the Senate not act on
House bills that do not meet the Senate’s crossover deadlines, without the
consent of the Senate Rules Committee.
Joint Resolutions – If copies of joint resolutions are directed to be sent to
any persons, the proposers of the resolutions must provide the office of the
secretary of the Senate with the names and mailing addresses of the recipients.
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