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House CalendarTUESDAY, APRIL 13, 2004

99th DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

Page No.

ACTION CALENDARAction Postponed

H. 258 Tuition Expenses for Armed Forces Members...............................810Rep. Lavoie for Education........................................................810Rep. Heath for Appropriations..................................................812Rep. Heath Amendment............................................................816

Third ReadingJ.R.H. 42 Tire Burning Activity – International Paper Co. .......................816

Favorable with AmendmentH. 515 Antlers of Specified Length............................................................816

Rep. Adams for Fish, Wildlife and Water Resources...............817Rep. Larocque for Appropriations............................................820Rep. Adams Amendment..........................................................821

H. 609 Respiratory Care Practitioners........................................................821Rep. Sweaney for Government OperationsRep. Rusten for Ways and Means.............................................831Rep. Morrissey for Appropriations...........................................831

H. 749 Telecommunications Policy, Sales and Use Tax............................831Rep. Trombley for CommerceRep. Amidon for Ways and Means...........................................831

S. 12 Abandoned Motor Vehicles..............................................................833Rep. Brooks for TransportationRep. Larocque for Appropriations............................................837Rep. Sweetser for Ways and Means..........................................838Rep. Brooks Amendment..........................................................838

Rule 52

J.R.H. 60 Vermont Tax Freedom Day........................................................838

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NOTICE CALENDAR

Favorable with Amendment

S. 79 Relating to Joint Tenancy...................................................................838

Rep. Peterson for Ways and Means

Senate Proposal of Amendment

H. 764 State’s Transportation Capital and Development............................839

Ordered to Lie

H. 743 Relating to Securities......................................................................851

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ORDERS OF THE DAY

ACTION CALENDAR

Action Postponed Until Tuesday, April 13, 2004

H. 258

An act relating to tuition expenses for members of the armed forces and their children.

Pending Action: Second reading of the bill

Rep. Lavoie of Swanton, for the Committee on Education, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 16 V.S.A. § 2282a is amended to read:

§ 2282a. DETERMINATION OF RESIDENCY FOR TUITION PURPOSES

(a) Enrollment at an institution for higher learning, or presence within the state for the purposes of attending an institution of higher learning, shall not by itself constitute residence for instate in-state tuition purposes or for the purpose of eligibility for assistance from the Vermont student assistance corporation.

(b) Any member of the armed forces of the United States on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

Sec. 2. 16 V.S.A. § 2183 is added to read:

§ 2183. DETERMINATION OF RESIDENCY FOR TUITION PURPOSES

Any member of the armed forces of the United States on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

Sec. 3. 16 V.S.A. § 2537(a) is amended to read:

(a) It shall be the policy of the state of Vermont to provide scholarships to be known as the national guard scholarships for education beyond high school for sons and daughters children and spouses of members in good standing of the Vermont guard who since 1955 have been killed while on active or inactive

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duty in accordance with specifications herewith, and children and spouses of members in good standing of the active reserve forces of the United States who since January 1, 2001 have been killed while on active or inactive duty and who were Vermont residents at the time of their death.


(a) A Vermont national guard scholarship shall entitle its holder to free pay for tuition at a Vermont university, college, or technical institute supported in whole or in part by public funds appropriated from the state treasury.

Sec. 5. 16 V.S.A. § 2539 is amended to read:

§ 2539. -APPLICATION, AWARD, RENEWAL

(a) Application for Vermont national guard scholarships shall be processed by the Vermont student assistance corporation, whose executive officer adjutant general who shall verify the eligibility of the applicant as provided in section 2537 of this title and on. On being notified of the applicant’s matriculation at an institution as specified in section subsection 2538(a) of this title, the adjutant general shall certify eligibility to the commissioner of finance and management who shall provide funds to the institution from the armed services scholarship fund established in section 2542 of this title.

(b) Application for renewal of Vermont national guard scholarship shall be made annually with written endorsement by the proper officer of the institution attended that the holder of the scholarship has maintained satisfactory scholastic standing. On receipt of this certification, the student assistance corporation adjutant general shall forward it to the commissioner of finance and management who shall provide funds for the ensuing year from the armed services scholarship fund established in section 2542 of this title.


§ 2541. ARMED FORCES SCHOLARSHIP

(a) It shall be the policy of the state of Vermont to provide scholarships to be known as the armed forces scholarships for education beyond high school for children and spouses of members of the armed forces of the United States who since January 1, 2001 have been killed while on active duty and who, at the time of death, were either Vermont residents or nonresident members of the Vermont guard who were mobilized to active duty.

(b) The armed forces scholarship shall pay for tuition for classes leading to a bachelor’s degree at a Vermont university, college, or technical institute supported in whole or in part by public funds appropriated from the state treasury. It shall be tenable for a maximum of four academic years or until the holder has completed requirements for graduation, whichever is less.

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(c) An application for an armed forces scholarship shall be processed by the office of veterans’ affairs which shall verify the eligibility of the applicant. On being notified of the applicant’s matriculation at an institution as specified in this section, the o ffice of veterans’ affairs shall certify eligibility to the commissioner of finance and management who shall pay the tuition to the institution from the armed services scholarship fund established in section 2542 of this title. Application for renewal of an armed forces scholarship shall be made annually with written endorsement by the proper officer of the institution attended that the holder of the scholarship has maintained satisfactory scholastic standing. On receipt of this certification, the o ffice of veterans’ affairs shall forward it to the commissioner of finance and management who shall provide funds from the armed services scholarship fund for the ensuing year.


§ 2542. ARMED SERVICES SCHOLARSHIP FUND

(a) An armed services scholarship fund is established in the office of the state treasurer to comprise appropriations made by the general assembly.

(b) The state treasurer may invest the monies in the fund.

(c) Monies in the fund shall be used to fund national guard scholarships established in section 2537 of this title and armed forces scholarships established in section 2541 of this title.

(d) All balances in the fund at the end of any fiscal year shall be carried forward and used only for the purposes set forth in this section. Earnings of the fund which are not withdrawn pursuant to this section shall remain in the fund.

Sec. 8. REPEAL

16 V.S.A. § 2540, relating to the Vermont enlisted men’s scholarship, is repealed.

Sec. 9. APPROPRIATION

The amount of $50,000.00 is appropriated from the general fund to the armed services scholarship fund established in 16 V.S.A. § 2542.

(Committee vote: 11-0-0)

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Rep. Heath of Westford, for the Committee on Appropriations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 16 V.S.A. § 2282a is amended to read:

§ 2282a. DETERMINATION OF RESIDENCY FOR TUITION PURPOSES

(a) Enrollment at an institution for higher learning, or presence within the state for the purposes of attending an institution of higher learning, shall not by itself constitute residence for instate in-state tuition purposes or for the purpose of eligibility for assistance from the Vermont student assistance corporation.

(b) Any member of the armed forces of the United States on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.


§ 2183. DETERMINATION OF RESIDENCY FOR TUITION PURPOSES

Any member of the armed forces of the United States on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.


§ 2537. NATIONAL GUARD ARMED SERVICES SCHOLARSHIPS

(a) It shall be the policy of the state of Vermont to provide scholarships to be known as the national guard armed services scholarships for education beyond high school for sons and daughters:

(1) children and spouses of members in good standing of the Vermont national guard who since 1955 have been killed, or who since January 1, 2001 have died, while on active or inactive duty in accordance with specifications herewith;

(2) children and spouses of members in good standing of the active reserve forces of the United States who since January 1, 2001 have died while on active or inactive duty and who were Vermont residents at the time of death; and

(3) children and spouses of members of the active armed forces of the United States who since January 1, 2001 have died while on active duty and

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who, at the time of death, were either Vermont residents, nonresident members of the Vermont national guard who were mobilized to active duty, or nonresident active reserve force members of a Vermont based reserve unit who were mobilized to active duty. A child or spouse of a nonresident member of the active reserve forces shall be ineligible for an armed services scholarship if he or she is eligible for a death benefit that helps finance attendance at a post secondary institution in the state of residence.

(b) Definitions:

(1) National guard as used in this section will be deemed to include Vermont army national guard and Vermont air national guard.

(2) Active duty shall mean a tour of active military service for training under orders which provide for automatic reversion to inactive status upon completion of specified period of duty, including short training tours and periods spent at formal military schools. Active duty for national guard and for active reserve forces means full-time duty in the active military service of the United States and includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.

(3) Inactive duty means training performed by members of a reserve component while not on active duty and includes unit training assemblies, training periods, military flight periods and other equivalent duty and while on state duty on order of the governor or his the governor’s representative.

(4) Armed forces of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.


§ 2538. -AMOUNT, DURATION, RESIDENCE

(a) A Vermont national guard An armed services scholarship shall entitle its holder to free pay tuition expenses for an approved program at a Vermont postsecondary institution leading to a certificate or degree other than a postgraduate degree as follows:

(1) tuition at a Vermont university, college, or technical institute supported in whole or in part by public funds appropriated from the state treasury; or

(2) tuition expenses at a Vermont postsecondary institution up to an amount equal to the in-state tuition fee for that year at the Vermont state colleges.

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(b) It An armed services scholarship shall be tenable for a maximum of four academic years, or for such shorter period 130 academic credits or less as may be necessary to complete requirements for graduation.

(c) A person eligible and applying for an armed forces scholarship shall apply for a Federal Pell G rant. The amount of the armed services scholarship awarded shall be remaining tuition costs to be paid pursuant to subsection (a) of this section, following receipt of a Pell Grant.


§ 2539. -APPLICATION, AWARD, RENEWAL

(a) Application for Vermont national guard Applications for armed services scholarships shall be processed as follows:

(1) for a child or spouse of a member of the Vermont national guard or of the active reserve forces of the United States, by the Vermont student assistance corporation, whose executive officer adjutant general who shall verify the eligibility of the applicant as provided in section 2537 of this title and on; and

(2) for a child or spouse of a member of the armed forces of the United States, by the office of veterans’ affairs who shall verify the eligibility of the applicant as provided in section 2537 of this title.

(b) On being notified of the applicant’s matriculation at an institution as specified in section subsection 2538(a) of this title, the adjutant general or office of veterans’ affairs shall certify eligibility to the commissioner of finance and management who shall provide funds to the institution from the armed services scholarship fund established in section 2541 of this title.

(b)(c) Application for renewal of Vermont national guard an armed services scholarship shall be made annually with written endorsement by the proper officer of the institution attended that the holder of the scholarship has maintained satisfactory scholastic standing. On receipt of this certification, the student assistance corporation adjutant general or office of veterans’ affairs shall forward it to the commissioner of finance and management who shall provide funds to the institution for the ensuing year from the armed services scholarship fund established in section 2541 of this title.


§ 2541. ARMED SERVICES SCHOLARSHIP FUND

(a) An armed services scholarship fund is established in the office of the state treasurer to comprise appropriations made by the general assembly.

(b) The state treasurer may invest the monies in the fund.- 815 -

(c) Monies in the fund shall be used to fund armed services scholarships established in section 2537 of this title.

(d) All balances in the fund at the end of any fiscal year shall be carried forward and used only for the purposes set forth in this section. Earnings of the fund which are not withdrawn pursuant to this section shall remain in the fund.

Sec. 7. REPEAL

16 V.S.A. § 2540, relating to the Vermont enlisted men’s scholarship, is repealed.


Pursuant to Sec. 39(b) of H.768 of 2004 as passed the House of Representatives, the amount of $25,000.00 is appropriated from the general fund to the armed services scholarship fund established in 16 V.S.A. § 2541.


Amendment to be offered by Rep. Heath of Westford to H. 258

Moves to amend the Appropriations Committee report in Sec. 3, § 2537(a)(3), by striking the last sentence in its entirety and inserting in lieu thereof a new sentence to read:

A child or spouse of a deceased nonresident member of the active reserve forces shall be ineligible for an armed services scholarship if he or she is eligible for a death benefit from the last state of residence of the deceased parent or spouse, that helps finance attendance at a postsecondary institution in that state.

Third Reading

J. R. H. 42

Joint resolution recognizing the Governor’s effort to minimize the health risk of any tire burning activity at the Ticonderoga, New York International Paper Company.

Favorable with Amendment

H. 515

An act relating to taking of deer with antlers of a specified length or configuration.

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Rep. Adams of Hartland, for the Committee on Fish, Wildlife and Water Resources, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 10 V.S.A. § 4041(b) is amended to read:

(b) There is hereby established a fish and wildlife board. The board shall consist of seven 14 members, one from each county, appointed by the governor with the advice and consent of the senate. The members of the board shall be appointed for a term of six years, or unexpired portion thereof, and during their terms shall reside in the county from which they are appointed. In the event a member no longer resides in the county from which he or she was appointed, the governor shall appoint a member from that county for the unexpired portion of the term. Appointments shall be made in such manner that either two or three terms shall expire in two biennial years and three in each third biennial year. One member shall be appointed alternately from Bennington county or Windham county, one from Windsor county or Orange county, one from Rutland county or Addison county, one from Caledonia county or Washington county, one from Chittenden county or Lamoille county, one from Essex county or Orleans county, and one from Franklin county or Grand Isle county each year. A member serving a full six-year term shall not be eligible for reappointment. The governor shall biennially designate a chairman chair.


§ 4081. POLICY

(a) It is the policy of the state that the protection, propagation control, management and conservation of fish, wildlife, and fur-bearing animals in this state is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) Notwithstanding the provisions of section 2803 of Title 3, the fish and wildlife board shall be the state agency charged with carrying out the purposes of this subchapter.

(c) An abundant, healthy deer herd is a primary goal of fish and wildlife management. It is also acknowledged that although a statewide open season on antlerless deer is not recognized as desirable or necessary to achieve this goal, a limited antlerless season on a deer management unit basis could be an effective tool for harvesting an overpopulation of the deer herd. The use of a limited unit open season on antlerless deer shall be implemented only after a scientific game management study by the fish and wildlife department supports such a season.

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(d) After each fall hunting season held pursuant to section 4741 of this title Annually, the department shall update a scientific management study of the state deer herd. The study shall consider data provided by department biologists and citizen testimony taken under subsection (f) of this section.

(e) Based on the results of the updated management study and citizen testimony, the board shall decide whether an antlerless deer hunting season is necessary and if so how many permits are to be issued. If the board determines that an antlerless season is necessary, it shall adopt a rule creating one and the department shall then administer an antlerless program.

(f) After each fall hunting season held pursuant to section 4741 of this title Annually, the department shall hold regional public hearings to receive testimony and data from concerned citizens about their knowledge and concerns about the deer herd. The board shall identify the regions by rule.

(g) If the board finds that an antlerless season is necessary to maintain the health and size of the herd, the department shall administer an antlerless deer program. Any open season on antlerless deer shall be held following the regular deer season held pursuant to section 4741 of this title, except as provided in section 4086 of this title. Annually, the board shall determine how many antlerless permits to issue in each deer wildlife management district unit. For a nonrefundable fee of $10.00 for residents and $25.00 for nonresidents a person may apply for a permit. Each person may submit only one application for a permit. The department shall allocate the permits in the following manner:

(1) A Vermont landowner, as defined in section 4253 of Title 10 this title, who owns 25 or more contiguous acres and who applies shall receive a permit for antlerless hunting in the management unit on which the land is located before any are given to people eligible under subdivision (2) of this subsection. If the land is owned by more than one individual, corporation or other entity, only one permit shall be issued. Landowners applying for antlerless permits under this subdivision shall not, at the time of application or thereafter during the regular hunting season, post their lands except under the provisions of section 4710 of this title. If the number of landowners who apply exceeds the number of permits for that district, the department shall award all permits in that district to landowners by lottery.

(2) All remaining permits shall be issued by lottery. Ten percent of these shall be issued to nonresident applicants.


(a) Rules concerning wild game may:

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(1) Establish open seasons, however, except as provided in section 4086 of this title, the open season for deer shall be as established under chapter 113 of this title;

* * *


§ 4741. REGULAR DEER SEASON

For the sixteen 16 consecutive calendar days commencing twelve 12 days prior to Thanksgiving day, a person may take by lawful means one wild deer, with antlers not less than three inches long, and additional deer as prescribed by the Vermont fish and wildlife regulations.

Sec. 5. SUSPENSION

(a) The following sections of Title 10 shall not be in effect from July 1, 2004 through June 30, 2009:

(1) § 4743, relating to muzzle loader season.

(2) § 4744, relating to bow and arrow season.

(3) § 4753, relating to annual deer limit.

(b) During the period of suspension, violations of fish and wildlife rules

(1) regarding carrying non-authorized firearms during muzzle loader season, hunting with a crossbow without a permit, hunting with a bow and arrow out-of-season, taking with a weapon other than a bow and arrow during bow and arrow season, and taking of illegal deer during bow and arrow season shall be assessed 20 points under subsection 4502(b) of title 10, and

(2) relating to an annual deer limit shall be assessed 10 point under subsection 4502(b) of title 10.

Sec. 6. REPORT

Annually, on or before January 15, the commissioner of fish and wildlife shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy on the effects of the of fish and wildlife board’s management of the deer herd pursuant to this act. At a minimum, the commissioner shall address the impacts on:

(1) the size of the deer population;

(2) the health of the deer population;

(3) the ratio of males to females;

(4) the age distribution;

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(5) the satisfaction of the hunting community; and

(6) the number of hunters choosing to hunt in specific wildlife management units.

Sec. 7. EFFECTIVE DATES; TRANSITIONAL PROVISIONS

(a) Sec. 1 of this act shall take effect on July 1, 2004. At that time, the governor shall appoint fish and wildlife board members to fill all terms which have expired as well as seven new members to ensure that each county is represented on the board. However, the governor shall appoint the new members to terms of two to six years in a way which ensures that no more than three and no fewer than two terms expire in any one year. After 2004, members shall be appointed to six - year terms.

(b) Secs. 2, 3, 4, and 5 of this act shall take effect on July 1, 2004. However, on passage of this act, t he fish and wildlife board is authorized to adopt temporary rules regarding management of the deer herd and shall follow the procedures for rulemaking contained in chapter 25 of Title 3 to the extent reasonably possible. For each such rule, the board shall conduct a hearing but, when necessary, may schedule the hearing for a day before the terms of the rule are expected to be determined. Rules adopted under this subsection shall:

(1) make provision for a regular rifle hunting season pursuant to section 4741 of Title 10, and for an archery season and a muzzle loader season unless there is a scientific reason not to do so.

(2) remain in effect until the board has adopted permanent rules regarding management of the deer herd or July 1, 2005, whichever is sooner.

(c) Secs. 6 and 7 of this act shall take effect on passage.

(d) Secs. 2, 3, and 4 of this act are repealed on June 30, 2009.


Rep. Larocque of Barton, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Fish, Wildlife and Water Resources.

(Committee Vote: 9-1-1)

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Amendment to be offered by Rep. Adams of Hartland to the proposal of amendment of the Committee on Fish, Wildlife and Water Resources to H. 515

Moves the proposal of amendment be amended in Sec. 3 § 4084(a)(1), following the struck language and before the semicolon by inserting the following:

, however, rules regarding taking of deer adopted under this subdivision shall make provision for a regular rifle hunting season pursuant to section 4741 of this title and for an archery season and a muzzle loader season unless there is a scientific reason not to do so

H. 609

An act relating to the licensure of respiratory care practitioners.

Rep. Sweaney of Windsor, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE FINDINGS AND PURPOSE

(a) The general assembly finds that:

(1) The practice of respiratory care in the state of Vermont affects the health, safety, and welfare of the public.

(2) Respiratory care should be subject to regulation and control so as to protect the public from the unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care.

(3) Respiratory care is a dynamic art and science, the practice of which is continually evolving to include new ideas and more sophisticated techniques in patient care.

(b) The general assembly declares that the purpose of this act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and hold the title of respiratory care practitioner.

Sec. 2. 26 V.S.A. chapter 91 is added to read:

CHAPTER 91. RESPIRATORY CARE

§ 4701. DEFINITIONS

As used in this chapter:

(1) “Advisor” means an advisor appointed to give advice to the director of the office of professional regulation under section 4705 of this title.

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(2) “Consultation by telecommunications” means a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. The term includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.

(3) “Direct supervision” means a respiratory care practitioner licensed in this state is physically present and is immediately available to direct and supervise tasks related to patient management.

(4) “Director” means the director of the office of professional regulation.

(5) “Disciplinary action” includes any action taken by the director or by an administrative law officer established by 3 V.S.A. § 129(j) against a respiratory care practitioner or applicant premised on a finding that he or she has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew licensure, suspending or revoking licensure, and issuing warnings, reprimands, administrative penalties, and conditions.

(6) “Indirect supervision” means a respiratory care practitioner licensed in this state is immediately available for consultation, direction, or supervision regarding the practice or performance of respiratory care.

(7) “Performance of respiratory care” means respiratory care in accordance with the prescription of a licensed physician, licensed osteopath, certified physician assistant, or nurse practitioner, including the diagnostic and therapeutic use of the following:

(A) Medical gases (except for the purpose of anesthesia), aerosols, and humidification.

(B) Pharmacologic agents.

(C) Mechanical or physiological ventilatory support.

(D) Bronchopulmonary hygiene.

(E) Cardiopulmonary resuscitation.

(F) Insertion and maintenance of artificial airways.

(G) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures, and flows, collection and analysis of specimens of blood and blood gases and specimens from the respiratory tract, expired and inspired gas samples, respiratory secretions, and pulmonary function testing

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and hemodynamic and other related physiologic measurements of the cardiopulmonary system.

(H) Insertion and maintenance of arterial and venous catheters.

(8) “Practice of respiratory care” means:

(A) Direct and indirect respiratory care services, including the administration of pharmacological, diagnostic, and therapeutic agents necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen by a licensed physician, physician assistant, or nurse practitioner.

(B) Transcription and implementation of written or verbal orders of a licensed physician, physician assistant, or nurse practitioner which pertains to the practice of respiratory care.

(C) Observing and monitoring signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics.

(D) Implementing report, referral, and respiratory care protocols or changes in treatment, based on observed abnormalities, pursuant to a physician, physician assistant, or nurse practitioner’s prescription.

(E) Initiating emergency procedures pursuant to rules adopted by the director or as otherwise provided under this chapter.

(F) Respiratory care may be practiced in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate or necessary by the director and in accordance with the prescription or verbal orders of a licensed physician, physician assistant, or nurse practitioner.

(9) “Respiratory care” means the allied health profession responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with cardiopulmonary systems under the direction of a physician, physician’s assistant, or nurse practitioner. Respiratory care also includes inhalation therapy and respiratory therapy.

(10) “Respiratory care educational program” means a program accredited by the committee on accreditation for respiratory care (CoARC) or by the commission on accreditation of allied health education programs (CAAHEP), or their successor organizations. To qualify for the student respiratory therapist’s license, the applicant must be actively enrolled, and in good standing, in a program accredited by one of the agencies listed in this subdivision.

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(11) “Respiratory care practitioner” means a person:

(A) Employed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in subdivision (8) of this section.

(B) Capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities.

(C) Able to function in situations of unsupervised patient contact requiring individual judgment.

(D) Capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services.

(12) “Supervisor of record” means a respiratory care practitioner licensed in this state who has been practicing actively as a respiratory care practitioner for at least two years prior to becoming a supervisor of record and is employed by the same employer as the person being supervised.

§ 4702. PROHIBITION; OFFENSES

(a) No person shall practice or attempt to practice respiratory care or hold himself or herself out as being able to do so in this state without first having obtained a license.

(b) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a respiratory care practitioner unless licensed in accordance with this chapter.

(c) A person who violates this section may receive an administrative penalty of not more than $1,000.00 for each occurrence.

§ 4703. PROFESSIONAL IDENTIFICATION

(a) A person holding a license to practice respiratory care in this state shall use the title “respiratory care practitioner” and the abbreviation “R.C.P.”

(b) A licensee shall show his or her license when requested.

(c) A person matriculated in an accredited respiratory education program shall use the title “student respiratory therapist” and the abbreviation “S.R.T.”

§ 4704. DIRECTOR OF THE OFFICE OF PROFESSIONAL

REGULATION; DUTIES

(a) The director shall:

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(1) Provide general information to applicants for licensure as respiratory care practitioners.

(2) Administer fees as provided for under subsection 125(b) of Title 3.

(3) Explain appeal procedures to respiratory care practitioners and applicants and explain complaint procedures to the public.

(4) Receive applications for licensure, license applicants under this chapter, and renew licenses.

(5) Refer all disciplinary matters to an administrative law officer.

(6) Revoke, suspend, reinstate, or condition licenses as ordered by an administrative law officer as ordered by an administrative law officer.

(7) Issue reprimands or impose administrative penalties as ordered by an administrative law officer.

(b) The director of the office of professional regulation, with the advice of the advisor appointees, may adopt rules necessary to perform the duties provided under this chapter.

§ 4705. ADVISOR APPOINTEES

(a) The secretary of state shall appoint two respiratory care practitioners to serve as advisors in matters relating to respiratory care. They shall be appointed for staggered three-year terms and serve at the pleasure of the secretary. One of the initial appointments shall be for less than a three-year term.

(b) Each appointee shall have at least three years of experience as a respiratory care practitioner during the period immediately preceding appointment and shall be actively practicing respiratory care in Vermont and remain in good standing during incumbency.

(c) The director shall seek the advice of the respiratory care practitioners appointed under this section in carrying out the provisions of this chapter. These appointees shall be entitled to compensation and necessary expenses in the amounts provided in section 1010 of Title 32 for attendance at any meeting called by the director for this purpose.

§ 4706. APPLICATION

To apply for licensure as a respiratory care practitioner, a person shall apply to the director on a form furnished by the director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the director.

§ 4707. ELIGIBILITY- 825 -

To be eligible for licensure as a respiratory care practitioner, an applicant shall have completed a respiratory care educational program as defined in subdivision 4701(10) of this title or have passed the National Board for Respiratory Care, Inc. (NBRC) entry or higher level examination prior to July 31, 1977, and shall:

(1) have passed a standardized national examination approved by the director; or

(2) hold credentials conferred by the NBRC, or its successor organization, as a certified respiratory therapist (CRT), or as a registered respiratory therapist (RRT), providing such credential has not expired, been revoked, or suspended.

§ 4708. EXAMINATION

Examinations shall be conducted under this chapter by a nationally recognized credentialing body approved by the director. Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications which are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensees. The director may authorize the use of independent testing services or other services to assist in the administration of examinations.

§ 4709. LICENSURE WITHOUT EXAMINATION; ENDORSEMENT

(a) The director may issue a license to practice respiratory care by endorsement and without examination to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory, or country, and who is in good standing to practice respiratory care in that jurisdiction, and, in the opinion of the director, the standards and qualifications required for regulation of respiratory care in that state or territory are currently at least equal to those required by this chapter.

(b) An applicant for licensure by endorsement may practice under the indirect supervision and responsibility of a licensed respiratory care practitioner in this state, providing the applicant obtains a temporary license and the following are met:

(1) A current supervisor of record form is on file with the director.

(2) The application is complete except the director may be waiting for validation of out-of-state licenses.

§ 4710. TEMPORARY LICENSURE- 826 -

(a) A temporary license without examination for practice under the direction of a respiratory care practitioner licensed in Vermont may be issued to a person who applies for the first time to practice respiratory care in this state as a respiratory care practitioner and meets all other qualifications of section 4707 of this title.

(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as a respiratory care practitioner until:

(1) The applicant takes the next examination provided by the director and a determination is made of the applicant’s qualification to practice in this state.

(2) The necessary data for licensure without examination are collected and ruled on by the director.

(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the director by rule and shall not be renewed, except by petitioning the director, subject to proof of an exceptional cause shown by the applicant.

§ 4711. TEMPORARY LICENSURE FOR STUDENT RESPIRATORY

THERAPISTS

(a) Respiratory care services may be performed without a license by a student currently enrolled in a respiratory care educational program when these services are incidental to the clinical aspect of a student’s course of study.

(b) A student enrolled in a respiratory care educational program who is employed in an organized health care system shall apply for a temporary student license from the director prior to performing respiratory care services. Students who have obtained a temporary license may render respiratory care services only under the direct supervision of a licensed respiratory care practitioner for a limited period of time and under conditions specified by the director by rule. The scope of practice of the student respiratory therapist is limited to those activities for which there is documented evidence of competency.

§ 4712. EXEMPTIONS FROM LICENSURE

(a) No person shall practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this chapter, except that this chapter shall not prohibit:

(1) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person’s

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respiratory care education while under direct supervision of a respiratory care practitioner or physician.

(2) A respiratory care practitioner from practicing in the United States Armed Services, United States Public Health Services, or the Department of Veterans’ Affairs, pursuant to federal regulations of health care providers.

(3) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunications.

(4) A respiratory care practitioner who is licensed in another jurisdiction of the United States, or foreign educated respiratory care practitioner credentialed in another country, from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.

(5) Respiratory care performed as part of a limited scope of practice, as defined by the director by rule, by registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or research setting, or those individuals meeting the aide/assistant classification, or those working under medical supervision in a pulmonary function testing, or research facility.

(6) Respiratory care rendered in an emergency.

(7) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.

(8) A respiratory care practitioner who is licensed in another jurisdiction of the United States, or a foreign educated respiratory care practitioner credentialed in another country, from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.

(9) Home care medical equipment dealers from performing services related to delivery, set up, instruction, or maintenance of durable medical equipment, including home respiratory equipment. This exemption does not include therapeutic evaluation or assessment.

(10) Assistants or aides working under the direct or indirect supervision of a supervisor of record. Practice under this exemption is limited in scope and shall not include the exercising of independent clinical judgment. The assistant or aide shall follow well-defined and supervised procedures for nonacute patient care. The scope of practice shall be limited to equipment processing, oxygen delivery set - up and monitoring, pulse oximetry, and shall be preassessed by a supervisor of record. Treatments are limited to: small volume medication nebulizers, metered dose inhalers, chest physiology, with or without postural drainage, and incentive spirometry or peak flow monitoring.

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(b) This chapter does not restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.

§ 4713. RENEWALS; CONTINUING EDUCATION

(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 12 hours of continuing education requirements, approved by the director, during the preceding two-year period.

(b) The director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing education credit. Continuing education requirements will match the NBRC or American Association for Respiratory Care (AARC) continuing education current standards, or both. The director may waive the continuing education requirement for the initial licensure period.

(c) Biennially, the director shall forward a renewal form to each licensee. Upon receipt of the completed form, renewal fee, and evidence of eligibility, the director shall issue a new license.

(d) Any application for renewal of a license which has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.

(e) The director may, after notice and opportunity for a reinstatement hearing, revoke a person’s right to renew licensure if the license has lapsed for five or more years.

§ 4714. UNPROFESSIONAL CONDUCT

(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct in addition to the conduct set forth in section 129a of Title 3:

(1) Failure to keep written respiratory care records justifying a course of treatment for a patient, including patient history, examination results, and test results.

(2) Performing professional services which have not been authorized by the patient or his or her legal representative.

(3) Performing any procedure or prescribing any therapy which, by the prevailing standards of respiratory care practice, would constitute

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experimentation on a human subject without first obtaining full, informed written consent.

(4) Sexual harassment of a patient.

(5) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.

(c) In connection with a disciplinary action, the office of professional regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the licensee or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of a warning, reprimand, administrative penalty, suspension, or revocation:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as directed by the administrative law officer in order to overcome specified deficiencies.

(4) A requirement that the licensee’s scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper.

§ 4715. GRANDFATHER PROVISION FOR EXISTING PRACTITIONERS

WITHOUT FORMAL RESPIRATORY CARE EDUCATION

An applicant may be licensed and continue to practice under the indirect supervision of a licensed respiratory care practitioner if the applicant has been practicing respiratory care under direct or indirect supervision on a continuing basis for at least five years in this state as of July 1, 2004. The applicant shall include a letter of support from the medical director and a supervisor of record who meets the definition as stated in subdivision 4701(12) of this title.

Sec. 3. SUNSET- 830 -

Subdivision 4712(a)(10) of Title 26 (practice exemption for assistants and aides) shall expire on July 1, 2007.


Rep. Rusten of Halifax, for the Committee on Ways and Means, recommends the bill ought to pass when amended as recommended by the Committee on Government Operations.


Rep. Morrissey of Bennington, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Government Operations.


H. 749An act relating to state telecommunications policy and the sales and use

tax on communications equipment.

(Rep. Trombley of Grand Isle will speak for the Committee on Commerce.)

Rep. Amidon of Charlotte, for the Committee on Ways and Means, recommends the bill be amended by striking Secs. 5 and 6, and inserting new Secs. 5, 6 and 7 to read:

Sec. 5. 32 V.S.A. § 9741(48) is added to read:

(48) (a) Machinery, equipment, and fixtures purchased by a communications service provider, whether or not the service provider is subject to the jurisdiction of the public service board pursuant to 30 V.S.A. § 203(5), and used within three years to provide two-way mobile communications service or advanced services, which the secretary of commerce and community development certifies will be made available in municipalities of the state identified by the secretary as unserved or underserved and which appear on a list published annually by the commissioner of taxes.

(b) For the purposes of this subdivision “advanced services” are as defined from time to time by the Federal Communications Commission in its inquiries pursuant to 47 U.S.C. § 254(b)(2), unless otherwise defined by rule by the secretary of commerce and community development. In adopting a rule, the secretary shall consider, among other factors, trends in the development of telecommunications technology and the type of data communications or broadband internet services with transmission speeds, and other characteristics as necessary, sufficient to meet the emerging communications needs of businesses and households.

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(c) P roperty shall be exempt under this subsection only if used within 36 months from the publication date of the list. In determining the list of unserved and underserved municipalities, the following shall be taken into consideration:

(i) the percentage of the population able to access the services;

(ii) the affordability of the services;

(iii) economic stability of the existing service providers;

(iv) the viability of the communications technology; and

(v) the quality and reliability of the service.

(d) The secretary shall not issue an exemption certificate under this subsection if the proposed services are of the same type as services currently available to the proposed population.

Sec. 6. REPORT

The Secretary of Commerce and Community Development shall, by January 15, 2006, and again by January 15, 2008, report to the General Assembly on the effectiveness of the telecommunications service sales tax exemption under 32 V.S.A. § 9741(48). The report shall include a description of

(1) each municipality which has been listed as unserved or underserved and the date of the initial listing;

(2) each municipality which has been removed from the unserved or underserved list, and the date of removal from the list;

(3) communications services which have been provided to each municipality reported under item (2) above, and a description of the extent, quality, viability and affordability of those services.

Sec. 7. EFFECTIVE DATE

This act shall take effect from passage, except Sec. 5 (sales tax exemption for telecommunications equipment), shall apply to sales and uses occurring after June 30, 2005, but before July 1, 2008; and 32 V.S.A. § 9741(48) is repealed effective July 1, 2008.


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S. 12

An act relating to abandoned motor vehicles.

Rep. Brooks of Montpelier, for the Committee on Transportation, 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. 23 V.S.A. chapter 21, subchapter 7 is added to read:

Subchapter 7. Abandoned Motor Vehicles

§ 2151. ABANDONED MOTOR VEHICLES; DEFINED

(a)(1) For the purposes of this subchapter, an “abandoned motor vehicle” means:

(A) 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 or public vehicle identification number which has not been removed, destroyed, or altered; or

(B) 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 the public vehicle identification number has been removed, destroyed, or altered.

(2) For purposes of this subsection, “public vehicle identification number” means the public vehicle identification number which is usually visible through the windshield and attached to the driver’s side of the dashboard, instrument panel, or windshield pillar post or on the doorjamb on the driver’s side of the vehicle.

(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 A BANDONED MOTOR

VEHICLES

(a) 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.

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(b) 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 public 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 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 public 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 or 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

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locate the owner of an abandoned motor vehicle.

(1) If the abandoned motor vehicle is not identifiable by its registration plates or public 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 public 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 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. 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.

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§ 2156. DISPOSAL OF ABANDONED MOTOR VEHICLES

(a) If the commissioner issues the certificate of abandoned motor vehicle, title to the motor vehicle shall pass to the holder of the certificate of abandoned motor vehicle, 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 of the motor vehicle at no charge.

(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.

§ 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. § 2151.

Sec. 3. REPEAL

24 V.S.A. § 2272(d) (agency of transportation taking possession of abandoned motor vehicle) is repealed.


The tax imposed by this chapter shall not apply to:

* * *

(18) motor vehicles which have escheated to the state pursuant to section 2272 of Title 24 when subsequently transferred by the agency of transportation 2156 of Title 23;

Sec. 5. TOWING AN ABANDONED VEHICLE FROM PUBLIC

PROPERTY

For purposes of this act, a towing service may charge a fee of $50.00 for towing an abandoned motor vehicle from public property, and this fee shall be paid by the department of motor vehicles to the towing service upon the issuance by the department of a certificate of abandoned motor vehicle under 23 V.S.A. § 2156. The commissioner of motor vehicles shall notify the commissioner of finance and management who shall issue payment to the

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towing service for vehicles removed from public property.

Sec. 6. SUNSET

Sec. 5 of this act shall terminate upon payment by the department of motor vehicles of $14,000.00, in total, for towing abandoned motor vehicles, under the provisions of this act, from public property.


(a) Such service Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the commissioner, or in his or her office. Such service Service shall be sufficient service upon the person, provided that a copy of such the process with the officer's return thereon on it, showing service thereof upon the commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff's affidavit of compliance herewith is filed with the process in court. The commissioner shall file copies served upon him or her as herein provided in this section, and show upon each copy the day and hour of service thereof.


There is appropriated in fiscal year 2004 the amount of $5,000.00 from the

transportation fund to the department of motor vehicles for the purposes of this act.


Rep. Larocque of Barnet, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Transportation and when further amended as follows:

First: By striking Sec. 5 and Sec. 6, and by inserting a new Sec. 5 to read:

Sec. 5. FEES FOR TOWING; PUBLIC PROPERTY; LIMITATIONS

A towing service may charge a fee of up to $40.00 for towing an abandoned motor vehicle from public property under the provisions of this act. This fee shall be paid to the towing service upon the issuance by the department of motor vehicles of a certificate of abandoned motor vehicle under 23 V.S.A. §2156. 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. This section shall terminate upon the payment of a total of $16,000.00 for towing abandoned motor vehicles from public property.

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Second: In Sec. 8, by striking the number “2004” and by inserting in lieu thereof the number “2005”.


Rep. Sweetser of Essex, for the Committee on Ways and Means, recommends the bill ought to pass in concurrence with proposal of amendment when amended as recommended by the Committees on Transportation and Appropriations.


Amendment to be offered by Rep. Brooks of Montpelier to the proposal of amendment of the Committees on Transportation and Appropriations to S. 12

Moves to amend the proposal of amendment by striking out Sec. 4 and inserting in lieu thereof a new Sec. 4 to read as follows:


The tax imposed by this chapter shall not apply to:

* * *

(18) motor vehicles which have escheated to the state, the titles of which have passed to the holder of a certificate of abandoned motor vehicle pursuant to section 2272 of Title 24 when subsequently transferred by the agency of transportation 2156 of Title 23;

(For text see Senate Journal 2/28/03 - p. 209 )

For Action Under Rule 52

J. R. H. 60

Joint resolution in observance of Vermont Tax Freedom Day.

(For text see House Journal April 9, 2004)

NOTICE CALENDAR

Favorable with Amendment S. 79

An act relating to joint tenancy.

Rep. Peterson of Williston, for the Committee on Ways and Means, recommends the proposal of amendment be further amended as follows:

First: In Sec. 3, in 27 V.S.A. § 351(a), by striking “representative, ward, conservatee, or trustee had been named the grantee of the conveyance or grant.” and inserting in lieu thereof “representative, ward, conservator or

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trustee had been named the grantee of the conveyance or grant in his or her representative or fiduciary capacity.

Second: By adding Sec. 1a to read:

Sec. 1a. Subsection (m)(3) of Sec. 148 of No. 142 of the Acts of 2002 is amended to read:

(3) The current rule permitting the applicant or recipient to retain jointly-owned real estate when one or more of the co-owners refuses to sell shall be repealed with respect to joint interests created within the 36-month lookback period and, instead, a rebuttable presumption shall exist that full equity value of the real estate is owned by the applicant or recipient. If the applicant or recipient succeeds in rebutting the presumption by showing that one or more of the co-owners have purchased shares of the property, the department shall consider the applicant’s or recipient’s proportional (not pro rata per capita) contribution toward the value of the property in calculating the resource value to the applicant or recipient. This rule shall not apply to joint-interests created prior to the lookback period. The “refusal to sell” rule will continue to apply to joint interests created prior to the lookback period. The applicant’s or recipient’s resource value in any joint tenancy shall be calculated based upon the applicant’s or recipient’s proportional (not per capita) contribution to the value of the jointly held property, regardless of any express or presumed ownership shares under 27 V.S.A. § 5.


(For text see House Journal April 1, 2004)

Senate Proposal of Amendment

H. 764

An act relating to the State's transportation capital program and project development plan.

The Senate proposes to the House to amend the bill as follows:

First: By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

Sec. 2. PAVING PROGRAM

(a) Total authorized spending in the program development – paving program is modified as follows:

FY05 As Proposed As Amended Change

Total 32,535,000 32,892,683 357,683Source of Funds

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State 8,480,500 7,578,183 -902,317Federal 24,054,500 25,314,500 1,260,000

(b) These changes are made:

(1) to adjust for the shifting of $1,200,000 in transportation funds from fiscal year 2005 to fiscal year 2004 to initiate paving work in the spring of 2004; and

(2) to add $297,683 in transportation funds and $1,260,000 in federal funds for the paving of the travel lane, and spot repairs as necessary on the passing lane and ramps, of Interstate 89 northbound from Montpelier to Bolton and to the extent the funds are not needed, other approved projects in the paving program in the fiscal year 2005 transportation capital program as selected by the secretary.

Second: By striking out Sec. 4 in its entirety and inserting: [Reserved]

Third: In Sec. 5, by adding a new subdivision (3) to read as follows:

(3) Authorized spending for the development and evaluation of new projects in the bicycle and pedestrian facilities program is modified as follows:


Total 45,000 90,000 45,000Source of FundsState 5,000 10,000 5,000Federal 40,000 80,000 40,000

Fourth: By striking out Sec. 7 in its entirety and inserting in lieu thereof a new Sec. 7 to read as follows:

Sec. 7. TOWN HIGHWAY BRIDGE PROGRAM

(a) Total authorized spending in the town highway bridge program is modified as follows:


Total 19,157,867 20,669,875 1,512,008Source of FundsState 5,785,154 6,784,657 999,503Federal 12,141,877 12,537,827 395,950Local 1,230,836 1,347,391 116,555

(b) These changes are made to add $999,503 in transportation funds, $395,950 in federal funds, and $116,555 in local funds, to be allocated by the secretary to approved projects in the town highway bridge program in the fiscal year 2005 transportation capital program.

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Fifth: By striking out Sec. 8 in its entirety and inserting in lieu thereof a new Sec. 8 to read as follows:

Sec. 8. RAIL PROGRAM

(a) The project description for interstate rail passenger service, page 13, is amended to read: “The specified sums are for: (1) the making of contract payments to Amtrak for interstate passenger rail services provided by Amtrak in fiscal year 2005 and (2) the purchase and installation of one Amtrak ticket machine.”

(b) Total authorized spending in the rail program is modified as follows:


Total 11,850,236 10,710,236 -1,140,000Source of FundsState 7,613,236 6,473,236 -1,140,000Federal 4,237,000 4,237,000 0Local 0 0 0

(c) These changes are made:

(1) to reduce funding for interstate passenger rail service by $640,000 in transportation funds to adjust authorized spending to anticipated contract obligations and to allow for the purchase and installation of one Amtrak ticket machine; and

(2) to reduce funding for rail infrastructure projects by $500,000 in transportation funds. These funds are anticipated to be restored as provided in Sec. 56 of this act. To the extent the funds are not restored, the secretary is authorized to reduce spending on rail infrastructure projects as required.

Sixth: By striking out Sec. 10 in its in its entirety and inserting in lieu thereof a new Sec. 10 to read as follows:

Sec. 10. POLICY AND PLANNING

(a) Total authorized spending in the policy and planning program is modified as follows:

FY05 Proposed As Amended Change

Personal Services 3,260,021Operating Expenses 504,783 Subtotal 3,764,804 3,689,804 -75,000Grants 4,080,769 4,130,769 50,000Total 7,845,573 7,820,573 -25,000

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Source of FundsState 1,707,221 1,742,221 35,000Federal 6,138,352 6,078,352 -60,000

(b) These changes are made:

(1) to reduce funding of personal services and operating expenses by $15,000 in transportation funds and $60,000 in federal funds, the reductions to be made at the discretion of the secretary;

(2) to fund the youth corps program with $200,000 of federal enhancement funds in lieu of $200,000 of other federal funds; and

(3) to add $50,000 in transportation funds to fund the grant to the Northwest Regional Planning Commission provided for in Sec. 28 of this act.

Seventh: In Sec. 11 by striking out subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

(a) To the extent federal funds become available beyond the funds authorized in fiscal year 2005 in the state’s transportation capital program and project development plan, the secretary is authorized to use such funds, consistent with federal rules, in the following order of priority:

(1) First, subject to the requirements of 19 V.S.A. §10h (a), to cover cash flow shortages on projects due to increased costs or faster than anticipated progress.

(2) Second, to shelf projects or to accelerate projects in the state’s fiscal year 2005 transportation capital program and project development plan in the paving and bridge programs.

(3) Third, to accelerate other projects in the state’s transportation capital program and project development plan.

Eighth: By striking out Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 to read as follows:

* * * Bennington Bypass South * * *

Sec. 12. BENNINGTON BYPASS SOUTH

Notwithstanding the provisions of Sec. 27 of No. 56 of the Acts of 2003, t he agency of transportation is directed to suspend the conceptual design of highway project Bennington Bypass South NHF 019 – 1(4). Subject to this suspension, the agency shall retain the Bennington Bypass South NHF 019 - 1(4) project as an active project in the roadway program. Right-of-way for this project shall not be acquired without the approval of the general assembly.

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Ninth: By striking Sec. 16 out in its entirety and inserting: [Reserved].

Tenth: By striking out Sec. 17a in its entirety and inserting in lieu thereof a new Sec. 17a to read as follows:

Sec. 17a. CONDITIONS TO ADJUSTMENT OF TRANSPORTATION FUNDS USED FOR SUPPORT OF GOVERNMENT

Sec. 17 of this act shall take effect provided that, at the July 2004 or January 2005 emergency board meetings pursuant to 32 V.S.A. § 305a, the official fiscal year 2006 available general fund revenue forecast is increased by at least one percent from the official forecast adopted in January 2004.

Eleventh: In Sec. 18, 19 V.S.A. § 306(e), by striking out the following: “$3,500,000.00” and inserting in lieu thereof following: $3,490,000.00 and in subsection 306(h), by striking out the following “$4,250,000.00” and inserting in lieu thereof following: $4,240,000.00

Twelfth: In Sec. 25, subsection (b), by striking out the first sentence and inserting in lieu thereof a new sentence to read as follows: The working group shall be composed of the following eight members, or their designees: the secretary of administration, to serve as chair; the state treasurer; the secretary of transportation; the chairs and vice-chairs of the House and Senate committees on transportation; and the governor's appointee to the capital debt affordability advisory committee. and in the second sentence, by striking out the word “six” and inserting in lieu thereof the word three

Thirteenth: By striking out Sec. 26 in its entirety and inserting: [Reserved]

Fourteenth: By striking out Sec. 27 in its entirety and inserting: [Reserved]

Fifteenth: By striking out Sec. 29 in its entirety and inserting: [Reserved]

Sixteenth: By striking out Sec. 34 in its entirety and inserting: [Reserved]

Seventeenth: In Sec. 35, by striking out the first sentence and inserting in lieu thereof a new sentence to read as follows:

The agency of transportation, in cooperation with all interested parties, shall investigate the advantages and disadvantages of various models for operating the Vermont Local Roads Program including the present model, education institutions with civil engineering departments, the agency of transportations, and others.

Eighteenth: By striking out Sec. 41 in its entirety and inserting in lieu thereof a new Sec. 41 to read as follows:

* * * William H. Morse State Airport in Bennington * * *

Sec. 41. WILLIAM H. MORSE STATE AIRPORT RUNWAY EXTENSION- 843 -

The agency of transportation shall suspend all activity on the project for the proposed runway extension at the William H. Morse state airport in the town of Bennington until the town of Bennington and the Bennington County Regional Planning Commission adopt resolutions supporting the proposed extension of the runway. The Bennington County Regional Planning Commission in cooperation with the town of Bennington shall perform a cost-benefit analysis of the runway extension project that considers the economic benefits to and impacts on the residents in the vicinity of the airport and the residents of Old Bennington and Bennington’s West End. A grant to the Bennington County Regional Planning Commission in the amount of $10,000 from the aviation program for this purpose is authorized.

Nineteenth: By striking out Sec. 43 in its entirety and inserting: [Reserved]

Twentieth: By striking out Sec. 45 in its entirety and inserting in lieu thereof a new Sec. 45 to read as follows:

* * * Municipal Salt Sheds * * *

Sec. 45. AGENCY OF TRANSPORTATION ASSISTANCE WITH MUNICIPAL SALT SHEDS

(a) The agency of transportation shall work with municipalities to provide assistance in designing effective low cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the MSGP.

(b) The agency shall explore opportunities for collocation of state and municipal salt or sand storage facilities where collocation would be appropriate.

(c) The agency of transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures which would be available to municipalities for purchase.

Twenty-first: By striking out Sec. 46 in its entirety and inserting in lieu thereof a new Sec. 46 to read as follows:

* * * Enhancement Funds – Youth Corps * * *

Sec. 46. ENHANCEMENT FUNDS – YOUTH CORPS

Notwithstanding 19 V.S.A. § 38, the first $200,000 of federal funds allocated to the enhancement grant program for fiscal year 2005 under 19 V.S.A. § 38(e)(1) shall be allocated to policy and planning for the youth corps program as provided in Sec. 10 of this act.

Twenty-second: In Sec. 48, in the last sentence by striking out the date: “December 1, 2004 ” and inserting in lieu thereof the date: January 15, 2005

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Twenty-third: In Sec. 49, Sec. 45(a)(1) of No. 56 of the Acts of 2003, by striking out the following: “a resident”

Twenty-fourth: By striking out Sec. 54 in its entirety and inserting in lieu thereof a new Sec. 54 to read as follows:

Sec. 54. REPEAL

Sec. 22 of No. 154 of the Acts of the 1999 Adj. Sess. (2000) (prioritized roadway improvements on truck network) is repealed.

Twenty-fifth: By striking out Sec. 56 in its entirety and inserting in lieu thereof a new Sec. 56 to read as follows:

* * * General Fund Waterfall * * *

Sec. 56. ALLOCATION OF GENERAL FUND WATERFALL

(a) To the extent funds are transferred to the transportation fund pursuant to Sec. 88 of H.585 (2004 session), such funds are authorized for expenditure as follows:

(1) up to $500,000 to rail for rail infrastructure projects as selected by the secretary;

(2) up to $300,000 to program development for projects as selected by the secretary; and

(3) up to $200,000 to the central garage fund as defined in 19 V.S.A.

§ 13.

(b) Any funds transferred to the transportation fund pursuant to Sec. 88 of H.585 (2004 session) shall be allocated 50 percent to rail, 30 percent to program development and 20 percent to the central garage fund for the purposes described in subsection (a) of this section.

Twenty-sixth: In Sec. 57, subsection (a) after the words “the league,” by adding the following: “a representative of the Chittenden County Metropolitan Transportation Organization Public Transportation Task Force,”

Twenty-seventh: In Sec. 60, 23 V.S.A. § 304a(d), by striking out the following: “14” and inserting in lieu thereof the following: seven

Twenty-eighth: By adding a new section to be numbered Sec. 61 to read as follows:

* * * Municipal Park-and-Ride Grant Demonstration Program * * *

Sec. 61. MUNICIPAL PARK-AND-RIDE GRANT DEMONSTRATION PROGRAM

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(a) The general assembly finds that with increased demand for alternative transportation choices, the need to reduce the number of single-occupancy vehicles (SOVs), and the need to reduce pollutants dispersed into the air from vehicular traffic, municipalities may need assistance with funding park-and-ride projects. Accordingly, the municipal park-and-ride grant demonstration program is hereby established.

(b) Grants awarded under this section shall be used only for preliminary engineering and construction of park-and-ride lots by municipalities. Any Vermont municipality shall be an eligible applicant. The agency of transportation shall develop an application for this demonstration program and notify eligible participants of its availability.

(c)(1) The agency of transportation shall develop criteria for approval of applications which shall include but are not limited to:

(A) The proposed site must be owned by the municipality or under long-term lease by the municipality (20 or more years);

(B) The proposed site must be on or near a state highway or a class 1 town highway;

(C) The proposed park-and-ride lot must be available for year-round commuter use;

(D) The proposed site must provide 10 or more parking spaces;

(E) The proposed site must be maintained by the municipality.

(2) Activities eligible for grant awards under this section include but are not limited to gravel surfacing, paving, lighting, and signing.

(3) When existing transit routes are present, municipalities must agree to collaborate with the public-transit providers.

(d) The sum of $100,000 is appropriated from the transportation fund to the agency of transportation for the purposes of implementing this section.

Twenty-ninth: By adding three new sections to be numbered Secs. 62, 63, and 64 to read as follows:

* * * Issuance of P.O.W., Pearl Harbor, and Purple Heart Plates * * *

Sec. 62. 23 V.S.A. § 304(e) and (j) are amended to read:

(e) The commissioner shall upon proper application, issue special number plates to former prisoners of war, Pearl Harbor veterans and recipients of the Purple Heart Medal for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. The commissioner shall

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determine the design of the special plates and decals. Applicants shall apply on forms prescribed by the commissioner and the applicant’s status as a former prisoner of war (P.O.W.), Pearl Harbor veteran or holder of a Purple Heart Medal shall be certified by the Veterans’ Administration or state veterans’ affairs office, respectively. The prisoner of war (P.O.W.), Pearl Harbor or Purple Heart number plates shall not be subject to fees applicable to special plates as set forth in subsection (b) of this section. The plates shall be reissued only to the original holder of the plates or the surviving spouse. The commissioner shall adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.

(j) The commissioner of motor vehicles shall, upon proper application, issue special plates to Vermont veterans, as defined in 38 U.S.C. § 101(2), for use only on vehicles registered at the pleasure car rate and on trucks registered for not more than 8,099 pounds less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. Applicants shall apply on forms prescribed by the commissioner and the applicant’s status as a veteran shall be certified by the Vermont office of veterans’ affairs or by other documentation as required by the commissioner. The type and style of the veterans’ plate shall be determined by the commissioner, except that an American flag shall appear on one side of the plate. A one-time fee of $10.00 shall be assessed in addition to the annual fee for registration; $5.00 of the one-time fee shall be transferred to the Vermont office of veterans’ affairs. The plates shall be reissued only to the original holder of the plates or the surviving spouse. Notwithstanding section 502 of Title 32, the commissioner may charge the actual costs of production of the plates against the fees collected and shall remit the balance to the transportation fund. The commissioner shall adopt rules to implement the provisions of this subsection. Except for new or renewed registrations, applications for the issuance of veterans’ plates shall be processed in the order received by the department subject to normal workflow considerations.

Sec. 63. 23 V.S.A. § 304b(a) is amended to read:

(a) The commissioner shall, upon application, issue conservation registration plates for use only on vehicles registered at the pleasure car rate and on trucks registered for not more than 8,099 less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. Plates so acquired, shall be mounted on the front and rear of the vehicle. The commissioner of motor vehicles and the commissioner of fish and wildlife shall determine the graphic design of the special plates in a manner which serves to enhance the public awareness of the state’s interest in restoring and protecting its nongame wildlife and major watershed areas. Applicants shall apply on forms prescribed by the commissioner and shall pay an initial fee of

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$20.00 in addition to the annual fee for registration. In following years, in addition to the annual registration fee, the holder of a conservation plate shall pay a renewal fee of $20.00. The commissioner shall adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.

Sec. 64. 23 V.S.A. § 304c(a) is amended to read:

(a) The commissioner shall, upon application, issue “building bright spaces for bright futures fund,” hereinafter referred to as “the bright futures fund,” registration plates for use only on vehicles registered at the pleasure car rate and on trucks registered for not more than 8,099 less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. Plates so acquired shall be mounted on the front and rear of the vehicle. The commissioner of motor vehicles shall utilize the graphic design recommended by the commissioner of social and rehabilitation services for the special plates to enhance the public awareness of the state’s interest in supporting children’s services. Applicants shall apply on forms prescribed by the commissioner of motor vehicles, and shall pay an initial fee of $20.00 in addition to the annual fee for registration. In following years, in addition to the annual registration fee, the holder of a bright futures fund plate shall pay a renewal fee of $20.00. The commissioner shall adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.

Thirtieth: By adding a new section to be numbered Sec. 65 to read as follows:

* * * Use of Discarded Tires by Agency of Transportation * * *

Sec. 65. AGENCY OF TRANSPORTATION USES FOR DISCARDED TIRES

A study group consisting of the secretary of transportation or designee, the secretary of natural resources or designee, and, to be appointed by the governor, a person in the business of selling tires, a person in the business of shredding tires, the chief executive officer of a solid waste district, and a representative of the American Council of Engineering Consultants shall investigate possible uses by the agency of transportation for shredded tires. The agency of transportation shall identify a project for construction in the state fiscal year 2006 or 2007 in which shredded tires can be incorporated. The agency of transportation shall provide administrative support for the study group and shall report by January 15, 2005, to the House and Senate committees on transportation on the feasibility of institutionalizing these practices in the development of Vermont’s projects.

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Thirty-first: By adding a new section to be numbered Sec. 66 to read as follows:

* * * Local Match Requirements * * *

Sec. 66. STUDY OF LOCAL MATCH REQUIREMENTS

The agency of transportation, in consultation with the Vermont League of Cities and Towns, the regional planning commissions, and the Chittenden County Metropolitan Planning Organization, shall develop a system of local match funding requirements based on the principle of functional necessity as described in this section. Design, component and materials features of a highway, bridge, or other transportation structure subject to a local match requirement that are required by state standards or that are essential to the functional integrity of the structure shall have the lowest local match requirement. All design, component and materials features that are not required by state standards and that are not essential to the functional integrity of a structure shall have a higher local match requirement. Features that are primarily aesthetic or ornamental in purpose shall have the highest local match requirement. The agency may propose one or alternative systems for consideration. Any proposed system shall, in overall structure, be consistent with but not necessarily bound by the principles described in this section. The agency shall analyze the feasibility, equity, and financial implications of any proposed system and submit its findings and recommendations to the House and Senate committees on transportation by January 15, 2005.

Thirty-second: By adding a new section to be numbered Sec. 67 to read as follows:

* * * Enhancement Grant Program * * *

Sec. 67. 19 V.S.A. § 38(e) is amended to read:

§ 38. TRANSPORTATION ENHANCEMENT GRANT PROGRAM

* * *(e)(1) For each fiscal year starting with fiscal year 2005, the state’s

enhancement grant program for the fiscal year shall be at the discretion of the secretary:

(A) at a minimum, four percent of the adjusted amount ascertained by the agency under subdivision (d)(1) of this section; and

(B) at a maximum, the adjusted amount ascertained by the agency under subdivision (d)(2) of this section.

(2) The agency shall plan its budget accordingly and advise the general assembly in its recommended budget of the amount of the enhancement grant program:

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(A) if sufficient information is available to determine a sum certain, of the amount of the enhancement grant program; or

(B) if sufficient information is not available to determine a sum certain, the range within which the agency estimates the size of the enhancement grant program will be.

Thirty-third: By adding a new section to be numbered Sec. 68 to read as follows:

* * * Maintenance - Smart Carts * * *

Sec. 68. MAINTENANCE

Total authorized spending in the maintenance program is increased by the sum of $100,000.00 in transportation funds for the purchase of nine vehicle speed indicator smart carts which shall be distributed for use by the maintenance districts. The maintenance districts shall cooperate with municipalities to allow use of the carts at municipal project sites.

Thirty-fourth: By adding a new section to be numbered Sec. 69 to read as follows:

* * * Program Development * * *

Sec. 69. PROGRAM DEVELOPMENT

Total authorized spending in program development is reduced by the sum of $300,000 in transportation funds. These funds are anticipated to be restored as provided in Sec. 56 of this act. To the extent the funds are not restored, the secretary is authorized to reduce spending on program development projects as required.

Thirty-fifth: By adding three new sections to be numbered Secs. 70, 71 and 72 to read as follows:

* * Railroad Trespass * * *


3646. DRIVING ANIMALS OR VEHICLE WITHIN FENCES ON RAILROAD; DAMAGES; PENALTY OPERATING MOTORIZED VEHICLES ON A RAILROAD RIGHT-OF-WAY; CIVIL VIOLATION

A person who rides, leads or drives a horse or other animal or operates a motor vehicle or a snowmobile upon a railroad, and within such fences and guards, other than at road and farm crossings, without the consent of the corporation shall forfeit not more than $50.00 to be recovered by the corporation in an action on this statute, and shall also pay the damages sustained thereby to the party aggrieved.

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Operation without lawful authority of a motor vehicle, snowmobile, motorcycle, or all-terrain vehicle on a railroad right-of-way, including track, or a bridge, overpass, or any structure carrying a track within the right-of-way, other than within the limits of a highway or other authorized crossing at grade, shall be a civil violation with a penalty of $300.00.

Sec. 71. 4 V.S.A. § 1102(b) is amended to read:

(b) The judicial bureau shall have jurisdiction of the following matters:

* * *(7) violations of 16 V.S.A. § chapter 1, subchapter 9, relating to hazing;

and(8) violations of 20 V.S.A. §§2056a, 2056b and 2056c, relating to

unauthorized disclosure of criminal record information.;

(9) violations of 7 V.S.A. § 656, relating to illegal possession of alcoholic beverages.;

(10) violations under 7 V.S.A. § 658(c)(1), relating to an employee of a second class licensee selling alcohol to a minor during a compliance check;

(11) violations under 5 V.S.A. § 3646, relating to operation of motorized vehicles on a railroad right of way after January 1, 2005.

Sec. 72. PUBLIC INFORMATION CAMPAIGN

The agency of transportation in conjunction with the Governors Highway Safety Council the Railroad Association of Vermont and Vermont Operation Lifesaver shall develop a public education campaign about the dangers and consequences of trespassing on railroad property. Interested parties shall be invited to participate in this process including, but not limited to, Federal Railroad Administration, Association of American Railroads, Association of Shortline and regional Railroads, Amtrak, Department of Homeland Security, Department of Public Safety, Department of Sheriff and State’s Attorneys, Department of Fish and Wildlife, Department of Health, Department of Education, Vermont Police Association, Vermont Association of Chiefs of Police, Vermont Sheriffs Association, Vermont Coalition of Fire and Emergency Services, Vermont Association of Snow Travelers, Vermont Federation of Sportsmen, and Vermont All-Terrain Vehicle Sportsmen’s Association.

And by renumbering the remaining section [effective date] to be Sec. 73

Ordered to Lie

H. 743An act relating to securities.

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