Senate Calendar
MONDAY, may 12, 2003
125th DAY OF BIENNIAL SESSION
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
UNFINISHED BUSINESS OF WEDNESDAY, MAY 7, 2003
Third Reading
H. 162 State agency acceptance of credit and debit card payments 1259
Sen. Bloomer amendment 1259
UNFINISHED BUSINESS OF FRIDAY, MAY 9, 2003
Second Reading
H. 458 Creation of Dept. of Information and Innovation 1260
Government Operations committee report 1260
Appropriations committee report 1260
House Proposals of Amendment
S. 15 Juvenile justice legislative oversight committee 1260
UNFINISHED BUSINESS OF SATURDAY, MAY 10, 2003
Third Reading
S. 23 Technical center alternative governance pilot projects 1274
Committee of Conference
H. 28 Vermont Amber alert program 1275
Joint Resolutions for Action
J.R.S. 33 Help America vote act 1277
J.R.H. 18 Broadcast media ownership rules 1277
NEW BUSINESS
Favorable
H. 324 Tax credit for traded or sold motor vehicles 1277
Favorable with Proposal of Amendment
H. 19 Eluding an enforcement officer while operating a motor veh. 1277
H. 128 Hospital and health care system accountability, capital spending 1278
Health and Welfare committee report 1279
Finance committee report 1309
H. 480 Education Funding 1309
Finance committee report 1309
Appropriations committee report 1353
NOTICE CALENDAR
H. 42 Brownsfield reclamation program 1354
Ec. Dev, Housing and General Affairs committee report 1354
Finance committee report 1362
H. 175 Consolidated environmental appeals & land use law 1362
ORDERS OF THE DAY
ACTION CALENDAR
UNFINISHED BUSINESS OF WEDNESDAY, MAY 7, 2003
Third Reading
H. 162
An act relating to state agency acceptance of credit and debit card payments.
PROPOSAL OF AMENDMENT TO H. 162 TO BE OFFERED BY SENATOR BLOOMER BEFORE THIRD READING
Senator Bloomer moves that the Senate propose to the House to amend the bill as follows:
First: By striking out Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 to read as follows:
Sec. 1. 32 V.S.A. § 583 is amended to read:
§ 583. CREDIT CARD PAYMENTS
(a) A statewide officer or secretary of a state agency or commissioner of a state department may elect to accept payment of taxes, registration fees, license fees, penalties, fines, interest, charges, surcharges, or any other fees or amounts due the state by means of credit cards, debit cards, charge cards, prepaid cards, stored value cards, and direct bank account withdrawal or transfer.
(b) The state treasurer shall negotiate and contract with banks and bank credit card companies or others to provide as a method of payment to state agencies or departments the use of credit card or debit card accounts or direct bank account withdrawals or transfers, and may agree to pay such bank or other company a fee or percentage of the amount collected and remitted to the state. Notwithstanding section 502 of this title, an agency or department may charge against such collections the percentage or fee imposed.
(c) The state treasurer shall assist each statewide officer, secretary and commissioner who elects to accept payments, as authorized by this section, with establishing procedures for accepting those payments.
(d) A statewide officer or secretary of a state agency that or commissioner of a state department who has authority to accept payment of fees, penalties, fines, charges, surcharges, or any other amounts due the state by a credit card, debit card, charge card, prepaid card, or stored value card shall not charge or collect any additional amounts for using such card to make the payment unless such charge is specifically authorized by statute the agency develops a policy regarding additional charges. Each policy and recommended charge shall be approved by the secretary of administration and the joint fiscal committee prior to applying the charge. Any such charge shall approximate the cost of providing the service.
Second: In Sec. 4, by striking out the following: “4 V.S.A. §741(a) (payments by credit card to clerks of courts,”
UNFINISHED BUSINESS OF FRIDAY, MAY 9, 2003
Second Reading
Favorable with Proposal of Amendment
H. 458
An act relating to the creation of the department of information and innovation.
Reported favorably with recommendation of proposal of amendment by Senator Mullin for the Committee on Government Operations.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: In Sec. 4, 3 V.S.A. § 2294, in the second sentence, by striking the word “seven” and in the third sentence, after “Vermont Interactive Television”, by adding “Vermont Technical College”
Second: In Sec. 6, 22 V.S.A. § 901(1), after “software,” by inserting “accessibility,”
Committee Vote: 6-0-0)
Reported favorably by Senator Gossens for the Committee on Appropriations.
(Committee vote: 4-2-0)
(For House amendments, see House Journal for April 8, 2003, page 491.)
House Proposal of Amendment
S. 15
An act relating to a juvenile justice legislative oversight committee.
The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 3 V.S.A. § 3085c is amended to read:
§ 3085c. COMMISSION ON JUVENILE JUSTICE
* * *
(e)(1) A juvenile justice policy subcommittee is created within the commission. The subcommittee shall be composed of the following members:
(A) the secretary of the agency of human services, who shall be the chair;
(B) three representatives, who shall be appointed by the speaker of the house;
(C) three senators, who shall be appointed by the committee on committees;
(D) the secretary of the agency of administration;
(E) the defender general;
(F) a representative of the runaway youth coalition of Vermont;
(G) a representative of the Vermont parent child center network;
(H) a representative of the Vermont coalition of residential programs;
(I) a representative of the department of developmental and mental health services’ designated community mental health centers;
(J) a representative of the Vermont center for crime victim services;
(K) a representative of the state’s attorneys’ association;
(L) a representative from the judicial branch of state government; and
(M) a representative from the police chiefs’ association.
(2) The subcommittee shall:
(A) Advise the commission on the development of a comprehensive juvenile justice system.
(B) Hold monthly public meetings to determine how issues related to juvenile justice are impacting Vermont communities.
(C) Coordinate with the children and family council for prevention programs on the juvenile justice block grant budget and on any other federal grants relating to juvenile justice.
(D) Report to the governor and the general assembly no later than December 1 of each year. The report shall include an evaluation of the strengths and weaknesses and successes and failures of the comprehensive juvenile justice and youthful offender system; recommendations to improve the program; and a detailed report on the development, implementation, and operation of the program.
(E) Examine existing policy and, where needed, make policy recommendations in at least the following areas: access to early care, education and prevention; effective use of Vermont’s home visiting and family support resources; provision of juvenile justice; coordination of outofschooltime services; and efforts to eradicate adolescent substance abuse.
(f) The departments of social and rehabilitation services and of corrections agency of human services shall provide the commission with administrative support.
(g)(f) The juvenile justice commission, the juvenile justice policy subcommittee, the children and family council for prevention programs, and the governor’s cabinet for children and youth shall coordinate activities and, wherever possible, consolidate meetings to promote effective and efficient uses of resources and to minimize duplication.
(g) Annually, the commission shall prepare a report of its findings and activities during the preceding year. The report shall include a detailed description of the progress made on the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system. On or before December 1 of each year, the commission shall file its report with the governor, the general assembly, and the senate and house committees on judiciary, and make the report available to the public.
Sec. 2. 13 V.S.A. § 5361 is amended to read:
§ 5361. CENTER FOR CRIME VICTIMS SERVICES
(a) The center for crime victims services is created and shall be responsible for the following:
* * *
(3) Administer the victims compensation program and, the victims assistance program, and the restitution unit.
(4) Assist in the development and administration of other programs and services for crime victims and witnesses, as needed.
* * *
Sec. 3. 13 V.S.A. § 5362 is added to read:
§ 5362. RESTITUTION UNIT
(a) A restitution unit is created within the center for crime victims services for purposes of assuring that crime victims receive restitution when it is ordered by the court.
(b) The restitution unit shall administer the restitution fund established under section 5363 of this title.
(c) The restitution unit shall have the authority to:
(1) Collect restitution from the defendant when it is ordered by the court, deposit the funds collected into the restitution fund, and make payments to victims out of the fund.
(2) Bring an action to enforce a restitution order as a civil judgment under section 7043 of this title.
(3) Share and access information, consistent with Vermont and federal law, from the court, the department of corrections, the department of taxes, and the department of employment and training in order to carry out its collection and enforcement functions.
Sec. 4. 13 V.S.A. § 5363 is added to read:
§ 5363. CRIME VICTIMS’ RESTITUTION SPECIAL FUND
(a) There is hereby established in the state treasury a fund to be known as the crime victims’ restitution special fund, to be administered by the victims compensation board established by section 5352 of this title, and from which payments may be made to provide restitution to crime victims.
(b) There shall be deposited into the fund:
(1) All monies collected from persons against whom restitution has been ordered pursuant to section 7043 of Title 13.
(2) All fees imposed by the clerk of court and designated for deposit into the fund pursuant to section 7282 of Title 13.
(3) Such sums as may be appropriated to the fund by the general assembly.
(c) All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Disbursements from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.
(d) Notwithstanding anything in this section or any other provision of law to the contrary, revenue from the surcharge fees deposited into the crime victims’ restitution special fund shall be used exclusively to support restitution for crime victims and for no other purpose.
Sec. 5. 13 V.S.A. § 7041 is amended to read:
§ 7041. DEFERRED SENTENCE
(b) Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent, except that a person shall not be discharged from probation imposed under this section until restitution has been paid in full, absent a finding of good cause by the court. Upon discharge the record of the criminal proceedings shall be expunged as if an application pursuant to section 5538 of Title 33 had been granted, except that the record shall not be expunged until restitution has been paid in full, absent a finding of good cause by the court.
(c)(1) A deferred sentence imposed under subsection (a) of this section may include a restitution order issued pursuant to section 7043 of this title. If a court determines that a person subject to a deferred sentence has failed to comply with a restitution order issued
under section 7043 of this title, the court may impose sentence upon finding the defendant has the present ability to pay. Nonpayment of restitution shall not constitute grounds for imposition of the underlying sentence.
(2) No sentence shall be imposed or continued pursuant to this subsection after compliance with the restitution order. This subsection shall not apply to the violation of any condition of probation other than a failure to comply with a restitution order.
Sec. 6. 13 V.S.A. § 7043 is amended to read:
§ 7043. RESTITUTION
(a)(1) Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss or has incurred medical expenses. Whether or not any other sentence or disposition is imposed, a term of probation may be ordered, with restitution as the only condition. A person shall not be placed on probation solely for purposes of paying restitution.
(2) For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, and uninsured medical expenses.
(b) When ordered, restitution may include:
(1) return of property wrongfully taken from the victim;
(2) cash, credit card, or installment payments, including interest at the statutory rate for civil judgments, or voluntarily assigned wages or assets, paid to the victim, to the restitution fund, or to the victims’ compensation fund established under chapter 167 of this title to compensate for damages to the victim’s property or person; or
(3) payments in kind, if acceptable to the victim.
(c) In awarding restitution, the court shall consider the ability of the defendant to pay.
(d) Restitution, if imposed, shall be due at the time of sentencing, unless the court finds on the record that there is good cause for an extension, and made to the victim, or if the victim has died, to the victim’s estate. To the extent that the victims’ compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the victims’ compensation fund.
(e) Restitution orders If not paid at the time of sentencing, restitution may be enforced as conditions of probation, supervised community sentence, furlough, preapproved furlough or parole if the convicted person is sentenced to preapproved furlough, probation or supervised community sentence, or is sentenced to imprisonment and later placed on parole, or otherwise in the manner of civil judgments. Unless otherwise specifically ordered by the court, an order for restitution as a condition of preapproved furlough, probation or supervised community sentence shall remain in effect if the defendant violates preapproved furlough, probation or supervised community sentence and is sentenced to imprisonment.