House Calendar
FRIDAY, MAY 16, 2003
129th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Third Readings
S. 11
An act relating to agriculture.
S. 114
An act relating to access to juvenile proceedings.
Amendment to proposal of amendment to be offered by Rep. Nitka of
Ludlow to S. 114
Moves the proposal of amendment be amended as follow:
First: In Sec. 7, 3 V.S.A. § 163(e), by striking “After notice to all parties of
record, the court shall order the sealing of all court files and records, law
enforcement records other than entries in the juvenile court diversion project’s
centralized filing system, fingerprints, and photographs applicable to a juvenile
diversion proceeding if:” and inserting in lieu thereof: After notice to all
parties of record, the court shall order the sealing of all court files and records,
fingerprints and photographs applicable to a juvenile diversion proceeding, and
law enforcement records other than entries in the juvenile court diversion
project’s centralized filing system, if:
Second: In Sec. 8 3 V.S.A. § 164 by striking the first paragraph of (e) and
inserting in lieu thereof the following:
(e)
On application of a participant in an adult diversion program or on
the court’s own motion, and after After notice to all parties of record and
hearing, the court shall order the sealing of all court files and records,
fingerprints and photographs applicable to the proceeding, and law
enforcement records other than entries in the adult court diversion project’s
centralized filing system, fingerprints and photographs applicable to the
proceeding if it finds:
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Amendment to proposal of amendment to be offered by Rep. Nease of
Johnson, Pugh of South Burlington and Nitka of Ludlow to S. 114
Moves the proposal of amendment be amended as follows:
First: In Sec. 4, 33 V.S.A. § 5529a(c), in the first sentence, by striking
“interest of justice and furthers the rehabilitation of the child” and inserting in
lieu thereof “best interest of both the child and the victim”
Second: In Sec. 5, 33 V.S.A. § 29g(4), in the first sentence, by striking
“released from a residential facility” and inserting in lieu thereof “discharged
from a secure or staff-secured residential facility”
S. 149
An act relating to educational assistance for national guard members.
Action Postponed Two Legislative Days
H. 113
An act relating to harassment in schools.
Pending Action: Second reading of the bill.
NOTICE CALENDAR
Favorable with Amendment
S. 168
An act relating to possession of alcoholic beverages by minors.
Rep. Jewett of Ripton, for the Committee on Judiciary, recommends that
the House propose to the Senate that the bill be amended by striking all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. FINDINGS
(a) Since July 1, 2000, there have been 8,004 tickets issued to minors in
Vermont for consuming, possessing, and misrepresenting their age to purchase
alcoholic beverages. During that same period, there have been 4,013
suspensions of minors’ driver’s licenses for failing to complete the teen alcohol
safety program and other conditions imposed for violating the law against use
and procurement of alcohol by minors.
(b) Alcohol-related traffic fatalities among persons aged 15-20 have
declined by nearly 50 percent between the three-year period 1995-1997 and the
period 1998-2001. Reported underage drinking by high school youth has
declined from 50 percent in 1997 to 43 percent in 2001. In order to continue
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this progress, it is critical that more young people participate in the teen
alcohol safety program.
(c) Young people should understand the consequences if they consume,
possess, or misrepresent their age to obtain alcoholic beverages. To promote
understanding of these consequences, public awareness should be raised that
automobile insurance costs frequently increase substantially when minors
violate the law against use and procurement of alcohol.
Sec. 2. 7 V.S.A. § 656 is amended to read:
§ 656. MINORS MISREPRESENTING AGE, PROCURING, POSSESSING,
OR CONSUMING LIQUORS; FIRST OFFENSE; CIVIL
VIOLATION
***
(b) A law enforcement officer shall issue a summons and complaint to the
judicial bureau pursuant to chapter 29 of Title 4 for a violation of this section if
the person has not previously been adjudicated in violation of this section or
convicted of violating section 657 of this title.
(1) A person who violates this subsection shall, if the person has not
previously been adjudicated in violation of this section or convicted of
violating section 657 of this title, be issued a notice of violation by the law
enforcement officer in a form approved by the court administrator. The notice
of violation shall require the person to provide his or her name and address,
and shall explain procedure under this section, including that:
(A) the person must contact the diversion board in the county where
the offense occurred within 15 days;
(B) failure to contact the diversion board within 15 days will result in
the case being referred to the judicial bureau, where the person, if found liable
for the violation, will be subject to a penalty of $300.00 or a 90-day suspension
of the person’s operator’s license, and may face substantially increased
insurance rates;
(C) no money should be submitted to pay any penalty until after
adjudication; and
(D) the person shall notify the diversion board if the person’s address
changes.
(2) When a person is issued a notice of violation under subdivision (1)
of this subsection, the law enforcement officer shall complete a summons and
complaint for the offense and send it to the diversion board in the county
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where the offense occurred. The summons and complaint shall not be filed
with the judicial bureau at that time.
(3) Within 15 days after receiving a notice of violation issued under
subdivision (1) of this subsection, the person shall contact the diversion board
in the county where the offense occurred and register for the teen alcohol
safety program. If the person does not contact the diversion board within 15
days, the diversion board shall file the summons and complaint with the
judicial bureau for adjudication under chapter 29 of Title 4. The diversion
board shall provide a copy of the summons and complaint to the law
enforcement officer who issued the notice of violation, and shall provide two
copies to the person charged with the violation.
(c) A person who violates this section commits a civil violation and shall
be subject to a civil penalty of not more than $300.00, and shall complete the
teen alcohol safety program pursuant to subsection (f) of this section the
person’s operator’s license and privilege to operate a motor vehicle shall be
suspended for a period of 90 days. The state may obtain a violation under this
section or a conviction under section 657 of this title, but not both.
(d) If a person fails to pay a penalty imposed under this section by the time
ordered, the judicial bureau shall notify the commissioner of motor vehicles,
who shall suspend the person’s operator’s license and privilege to operate a
motor vehicle until payment is made.
(e) Upon adjudicating a person in violation of this section, the judicial
bureau shall notify the commissioner of motor vehicles, who shall maintain a
record of all such adjudications which shall be separate from the registry
maintained by the department for motor vehicle driving records. The identities
of persons in the registry shall only be revealed to a law enforcement officer
determining whether the person has previously violated this section.
(f)(1) Upon receipt from a law enforcement officer of a summons and
complaint completed under subdivision (b)(2) of this section, the diversion
board shall send the person a notice to report to the diversion board. The
notice to report shall provide that:
(A) The person is required to complete all conditions related to the
offense imposed by the diversion board, including substance abuse screening
and, if deemed appropriate following the screening, substance abuse education
or substance abuse counseling, or both.
(B) If the person does not satisfactorily complete the substance abuse
screening, any required substance abuse education or substance abuse
counseling, or any other conditions related to the offense imposed by the
diversion board, the case will be referred to the judicial bureau, where the
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person, if found liable for the violation, shall be assessed a penalty of $300.00,
the person’s driver’s license will be suspended for 90 days, and the person’s
automobile insurance rates may increase substantially.
(C) If the person satisfactorily completes the substance abuse
screening, any required substance abuse education or substance abuse
counseling, and any other conditions related to the offense imposed by the
diversion board, no penalty shall be imposed and the person’s operator’s
license will not be suspended.
(2)(A) Upon adjudicating a person in violation of this section, the
judicial bureau shall notify the teen alcohol safety program of the diversion
board in the county where the violation occurred being contacted by a person
who has been issued a notice of violation under subdivision (b)(1) of this
section, the diversion board shall register the person in the teen alcohol safety
program. Pursuant to the teen alcohol safety program, the diversion board
shall impose appropriate conditions on the person, which. The conditions
imposed shall include only conditions related to the offense, and in every case
shall include a condition requiring satisfactory completion of alcohol substance
abuse screening and, if deemed necessary, alcohol counseling and therapy.
The diversion board may also impose conditions requiring the person to
complete community service projects and educational programs related to
alcohol appropriate following the screening, substance abuse education or
substance abuse counseling, or both. If the screener recommends substance
abuse counseling, the person shall choose a state-certified or -licensed
counselor or treatment provider to provide the services.
(B) Substance abuse screening required under this subsection shall be
completed within 60 days after the diversion board receives a summons and
complaint completed under subdivision (b)(2) of this section. The person shall
complete all conditions at his or her own expense. The diversion board shall
allow a person at least 60 days to complete required conditions.
(3) When a person has satisfactorily completed substance abuse
screening, any required substance abuse education or substance abuse
counseling, and any other conditions related to the offense which the diversion
board has imposed, the diversion board shall:
(A) void the summons and complaint with no penalty due; and
(B) send copies of the voided summons and complaint to the judicial
bureau and to the law enforcement officer who completed them.
(4) If a person does not satisfactorily complete alcohol substance abuse
screening by a licensed professional and, if deemed necessary, alcohol
counseling and therapy , any required substance abuse education or substance
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abuse counseling, or any other conditions related to the offense imposed by the
diversion board, or if the person fails to pay the diversion board any required
program fees, the diversion board shall notify the commissioner of motor
vehicles, who shall suspend the person’s operator’s license and privilege to
operate a motor vehicle for a period of up to 90 days, or until notice of
compliance is received from the diversion board, whichever occurs first. If a
person does not timely complete other required conditions of diversion, the
diversion board shall notify the commissioner of motor vehicles, who shall
suspend the person’s operator’s license and privilege to operate a motor
vehicle for 30 days file the summons and complaint with the judicial bureau
for adjudication under chapter 29 of Title 4. The diversion board shall provide
a copy of the summons and complaint to the law enforcement officer who
issued the notice of violation, and shall provide two copies to the person
charged with the violation.
(5) A person aggrieved by a decision of the diversion board or alcohol
counselor may seek review of that decision pursuant to Rule 75 of the Vermont
Rules of Civil Procedure.
(g) The state’s attorney may dismiss without prejudice a violation brought
under this section.
Sec. 3. EFFECTIVE DATE
This act shall take effect on October 1, 2003.
(Committee vote: 11-0-0)
(For text see Senate Journal 3/21/03 - P. 294 )
Senate Proposal of Amendment
H. 162
An act relating to state agency acceptance of credit and debit card
payments.
The Senate proposes to the House to amend the bill as follows:
First: By striking out Sec. 1 in its entirety and inserting in lieu thereof a
new Sec. 1 to read as follows:
Sec. 1. 32 V.S.A. § 583 is amended to read:
§ 583. CREDIT CARD PAYMENTS
(a) A statewide officer or secretary of a state agency or commissioner of a
state department or the court administrator (except for fines, penalties or
surcharges assessed by the district court) may elect to accept payment of taxes,
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registration fees, license fees, penalties, fines, interest, charges, surcharges, or
any other fees or amounts due the state by means of credit cards, debit cards,
charge cards, prepaid cards, stored value cards, and direct bank account
withdrawal or transfer. The court administrator is authorized to establish pilot
programs in the Chittenden, Essex and Washington district courts to accept
credit cards, debit cards, charge cards, prepaid cards, stored value cards, and
direct bank account withdrawal or transfer for payment of fines, penalties or
surcharges assessed by these district courts.
(b) The state treasurer shall negotiate and contract with banks and bank
credit card companies or others to provide as a method of payment to state
agencies or departments the use of credit card or debit card accounts or direct
bank account withdrawals or transfers, and may agree to pay such bank or
other company a fee or percentage of the amount collected and remitted to the
state. Notwithstanding section 502 of this title, an agency or department may
charge against such collections the percentage or fee imposed.
(c) The state treasurer shall assist each statewide officer, secretary and
commissioner who elects to accept payments, as authorized by this section,
with establishing procedures for accepting those payments.
(d) A statewide officer or secretary of a state agency that or commissioner
of a state department or the court administrator who has authority to accept
payment of fees, penalties, fines, charges, surcharges, or any other amounts
due the state by a credit card, debit card, charge card, prepaid card, or stored
value card shall not charge or collect any additional amounts for using such
card to make the payment unless such charge is specifically authorized by
statute the agency develops a policy regarding additional charges. Each policy
and recommended charge shall be approved by the secretary of administration
and the joint fiscal committee prior to applying the charge. Any such charge
shall approximate the cost of providing the service.
Second: By striking out Sec. 2 in its entirety.
Third: By striking out Sec. 4 in its entirety and inserting in lieu thereof a
new Sec. 4 to read as follows:
Sec. 4. REPEAL
10 V.S.A. § 4255(h) (payments by credit card to department of fish and
wildlife), 23 V.S.A. § 5 (payments by credit card to department of motor
vehicles), and 32 V.S.A. § 3110 (payments by credit card to department of
taxes) are repealed.
and by renumbering the sections of the bill to be numerically correct.
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Report Committee of Conference
S.93
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference, to which were referred the disagreeing votes
of the two Houses upon Senate Bill, entitled:
S.93. AN ACT RELATING TO MANDATORY REPORTING OF
SUSPECTED CHILD ABUSE AND NEGLECT.
Respectfully report that they have met and considered the same and
recommend that the House recede from its proposals of amendment and that
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
It is the intent of the General Assembly by this act to add clergy to the list
of mandatory reporters of child abuse and neglect while balancing the state’s
compelling interest in protecting child safety with the important role of
religious and spiritual conscience in our society.
Sec. 2. 33 V.S.A. § 4912 is amended to read:
§ 4912. DEFINITIONS
As used in this subchapter:
***
(12) “Member of the clergy” means a priest, rabbi, clergy member,
ordained or licensed minister, leader of any church or religious body,
accredited Christian Science practitioner, person performing official duties on
behalf of a church or religious body that are recognized as the duties of a
priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any
church or religious body, or accredited Christian Science practitioner.
Sec. 3. 33 V.S.A. § 4913 is amended to read:
§ 4913. SUSPECTED CHILD ABUSE AND NEGLECT; REMEDIAL
ACTION
(a) Any physician, surgeon, osteopath, chiropractor, or physician’s assistant
licensed, certified, or registered under the provisions of Title 26, any resident
physician, intern, or any hospital administrator in any hospital in this state,
whether or not so registered, and any registered nurse, licensed practical nurse,
medical examiner, dentist, psychologist, any other health care provider, school
superintendent, school teacher, school librarian, day care worker, school
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principal, school guidance counselor, mental health professional, social
worker, probation officer, police officer, camp owner, camp administrator or
camp counselor, or member of the clergy who has reasonable cause to believe
that any child has been abused or neglected shall report or cause a report to be
made in accordance with the provisions of section 4914 of this title within 24
hours. As used in this subsection, “camp” includes any residential or
nonresidential recreational program.
(b) Any other concerned person not listed in subsection (a) of this section
who has reasonable cause to believe that any child has been abused or
neglected may report or cause a report to be made in accordance with the
provisions of section 4914.
(c) Any person enumerated in subsections (a) or (b) of this section, other
than a person suspected of child abuse, who in good faith makes a report to the
department of social and rehabilitation services shall be immune from any civil
or criminal liability which might otherwise be incurred or imposed as a result
of making a report.
(d) The name of the person making the report, or any person mentioned in
the report shall be confidential unless the person making the report specifically
requests disclosure or unless a judicial proceeding results therefrom or unless a
court, after a hearing, finds probable cause to believe that the report was not
made in good faith and orders the department to make the name available.
(e)(1) Any A person who violates subsection (a) of this section shall be
fined not more than $500.00.
(2) A person who violates subsection (a) of this section with the intent to
conceal abuse or neglect of a child shall be imprisoned not more than six
months or fined not more than $1,000.00, or both.
(3) This section shall not be construed to prohibit a prosecution under
any other provision of law.
(f) Except as provided in subsection (g) of this section, a person may not
refuse to make a report required by this section on the grounds that making the
report would violate a privilege or disclose a confidential communication.
(g) A member of the clergy shall not be required to make a report under
this section if the report would be based upon information received in a
communication which is:
(1) made to a member of the clergy acting in his or her capacity as
spiritual advisor;
(2) intended by the parties to be confidential at the time the
communication is made;
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(3) intended by the communicant to be an act of contrition or a matter of
conscience; and
(4) required to be confidential by religious law, doctrine, or tenet.
(h) When a member of the clergy receives information about abuse or
neglect of a child in a manner other than as described in subsection (g) of this
section, he or she is required to report on the basis of that information even
though he or she may have also received a report of abuse or neglect about the
same person or incident in the manner described in subsection (g) of this
section.
Sec. 4. Rule 505 of the Vermont Rules of Evidence is amended to read:
RULE 505. RELIGIOUS PRIVILEGE
(a) Definitions. As used in this rule:
(1) A “clergyman” is a minister, priest, rabbi, accredited Christian
Science Practitioner, or other similar functionary of a religious organization, or
an individual reasonably believed so to be by the person consulting him
“Member of the clergy” means a priest, rabbi, clergy member, ordained or
licensed minister, leader of any church or religious body, accredited Christian
Science practitioner, person performing official duties on behalf of a church or
religious body that are recognized as the duties of a priest, rabbi, clergy, nun,
brother, ordained or licensed minister, leader of any church or religious body,
or accredited Christian Science practitioner.
(2) A communications is “confidential” if made privately and not
intended for further disclosure except to other persons present in furtherance of
the purpose of the communication.
(b) General rule of privilege. A person has a privilege to refuse to disclose
and to prevent another from disclosing a confidential communication by the
person to a clergyman member of the clergy in his or her professional character
as spiritual adviser.
(c) Who may claim the privilege. The privilege may be claimed by the
person communicant, by his or her guardian or conservator, or by his or her
personal representative if he such person is deceased. The person who was the
clergyman member of the clergy at the time of the communication is presumed
to have authority to claim the privilege, but only on behalf of the
communicant.
Sec. 5. REPORT
(a) The department of social and rehabilitation services (SRS) shall develop
model protocols and a comprehensive and uniform program of information,
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education, and training for mandatory reporters. The program shall include
elements designed for use in organizations whose staff includes some
personnel who are mandatory reporters and others who are not.
(b) On or before January 15, 2004, SRS shall report to the general
assembly on the protocols and programs developed pursuant to subsection (a)
of this section. The report shall include a proposal for implementation of an
improved statewide training program to effectively and frequently reach all
mandatory reporters of child abuse and neglect.
Sec. 6. EFFECTIVE DATE
This act shall take effect upon passage.
Maxine Grad
Margaret Flory
William Lippert, Jr.
Committee on the part of the House
James Leddy
Jeanette White
William doyle
Committee on the part of the Senate
(For text see Senate Journal 4/29/03 - P. 629; 5/8/03 - P. 899 )
Ordered to Lie
H. 73
An act relating to a student member of a school board.
Pending Action: Second reading of the bill.
Consent Calendar for Concurrent Resolutions
The following concurrent resolutions will be adopted automatically unless a
member requests floor consideration before the end of today’s legislative
session. Requests for floor consideration should be communicated to the Clerk
of the House or to a member of his staff
H.C.R. 120
House concurrent resolution congratulating the Governor’s Institutes of
Vermont on the occasion of its 20th anniversary
H.C.R. 121
House concurrent resolution honoring Gail Hall on being designated one of
the National Science Foundation’s top high school science teachers
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H.C.R. 122
House concurrent resolution congratulating the Vermont Technical College
and University of Vermont teams on their outstanding performance at the 2003
North American Intercollegiate Dairy Challenge
H.C.R. 123
House concurrent resolution honoring Allie the dog for her heroic rescue of
the Hitormis Club in Bellows Falls
H.C.R. 124
House concurrent resolution honoring the Vermont Federation of
Sportsmen for facilitating full public access to the Blueberry Wildlife
Management Area in Castleton
H.C.R. 125
House concurrent resolution honoring Sam and Barbara Lloyd of Weston
for their personal support of technology education at the Flood Brook Union
School in Londonderry
H.C.R. 126
House concurrent resolution congratulating Eckerd Youth Alternatives Inc.
and Camp E-Wen-Akee on their respective 35th and 25th anniversaries
H.C.R. 127
House concurrent resolution congratulating the Champion Fire Company #5
of South Londonderry on the occasion of the company’s centennial
anniversary
H.C.R. 128
House concurrent resolution honoring Blanche Honegger Moyse on the
conclusion of her extraordinary career at the Brattleboro Music Center
S.C.R. 26
Senate concurrent resolution congratulating Bruce O’Neill on his retirement
as South Burlington’s outstanding recreation director.
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