Senate Calendar
WEDNESDAY, APRIL 25, 2001
113th DAY OF BIENNIAL SESSION
ORDERS OF THE DAY
ACTION CALENDAR
Second Reading
Favorable with Proposal of Amendment
H. 150.
An act relating to requirements for on-premises consumption of alcoholic beverages.
Reported favorably with recommendation of proposal of amendment by Senator Costes for the Committee on General Affairs and Housing.
The Committee recommends that the Senate propose to the House to amend the bill in Sec. 1, 7 V.S.A. § 62, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
(a) Holders of first or first and third class licenses may sell malt and vinous beverages or spirits between the hours of 8:00 a.m. and 2:00 a.m. the next morning.
(Committee Vote: 4-2-0)
(For House amendments, see House Journal for February 20, 2001, page 265.)
Joint Senate Resolutions for Action
J.R.S. 58.
Joint resolution expressing appreciation to U.S. Senators Patrick Leahy and James Jeffords for their support of the federal Community Oriented Policing Services (COPS) program.
J.R.S. 59.
Joint resolution honoring George S. Marshall of Troop 832, Swanton, upon his attainment of the rank of Eagle Scout.
(For text of resolutions, see Senate Journal for April 24, 2001)
NOTICE CALENDAR
Favorable with Recommendation of Amendment
S. 116.
An act relating to loans and loan forgiveness for nursing students.
Reported favorably with recommendation of amendment by Senator Maynard for the Committee on Education.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 18 V.S.A. § 10 is added to read:
§ 10. EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES
(a) The commissioner shall provide a loan of up to $6,000.00 per year for up to four years to a Vermont resident enrolled in an accredited registered nursing or licensed practical nursing program in Vermont, provided:
(1) graduation from the program will result in eligibility to sit for the NCLEX-RN nursing examination in the case of a registered nurse or the NCLEX-PN in the case of a licensed practical nurse; and
(2) the student is enrolled as a full-time student in the program.
(b) The amount of up to $6,000.00 of a loan awarded under this section shall be cancelled and forgiven for each year the student is employed as a registered nurse or licensed practical nurse in Vermont. The commissioner may require certification of compliance with this subsection prior to forgiving all or a portion of the loan.
(c) The commissioner shall award up to $6,000.00 per year for up to four years, to any licensed registered nurse or practical nurse who has not received or is not eligible to receive loan forgiveness under subsection (b) of this section, for each year the nurse is employed as a registered or practical nurse in Vermont. The commissioner may require certification of compliance with this subsection prior to making an award.
(d) In any year in which the commissioner does not have sufficient funds to carry out the provisions of this section, the commissioner shall use funds appropriated first to provide loans and loan forgiveness pursuant to subsections (a) and (b) of this section. Remaining funds shall be used to provide awards pursuant to subsection (c) of this section, giving priority to those nurses serving in an undersupplied nursing specialty or in a geographic area of Vermont which is underserved.
Sec. 2. APPROPRIATION; ADMINISTRATION OF NURSES EDUCATIONAL ASSISTANCE AND INCENTIVE PROGRAM
(a) In addition to other funds appropriated for this function in fiscal year 2002, the amount of $200,000.00 is appropriated to the Commissioner of Health for establishment of a student loan program for nurses and for provision of awards to nurses serving in Vermont pursuant to Sec. 1 of this act.
(b) In fiscal year 2002, the commissioner of health shall enter into an agreement with the Area Health Education Center for administration of the nurses educational assistance and incentive program created in this act.
Sec. 3. EFFECTIVE DATE
Awards made pursuant to 18 V.S.A. § 10(c) shall be made only for service rendered following passage of this act.
(Committee vote: 5-0-0)
S. 139.
An act relating to the regulation of insurance companies.
Reported favorably with recommendation of amendment by Senator Crowley for the Committee on Finance.
The Committee recommends that the bill be amended as follows:
First: On page 3, in Sec. 1, § 22 of 8 V.S.A., after the end of subdivision (3), by adding a subdivision 4 to read as follows:
(4) shall determine, prior to sharing information about an individual pursuant to subsection (b)(1) of this section, that sharing the information will substantially further the performance of the regulatory or law enforcement duties of the recipient.
Second: On page 3, in Sec. 1, § 22 of 8 V.S.A., by striking out line 17 through page 4 line 2 and inserting in lieu thereof the following:
(f) The provisions of this section shall apply to information relating to persons that engage in activities that are financial in nature, or incidental or complementary to such financial activity within the meaning of 12 U.S.C. §1843(k) and to credit unions; provided, however, this section shall apply to captives formed or licensed under the provisions of chapters 141 or 142 of this title only to the extent contemplated by 15 U.S.C. § 6716.
Third: On page 6, by striking out line 9 through line 20 and inserting in lieu thereof the following:
Sec. 7. 8 V.S.A. § 3578(b)(6) is amended to read:
(b) Audit report. The accountant shall prepare an annual audit report which conforms to statutory accounting practices and contains at least the following The audited financial report shall include:
* * *
(6) notes to financial statements required by the National Association of Insurance Commissioners’ Annual Statement Instructions or generally accepted accounting principles and the National Association of Insurance Commissioners’ Accounting Practices and Procedures Manual. The notes shall include, but are not limited to, a written report reconciling any differences reconciliation of differences, if any, between the audited statutory financial statements and the annual statement filed pursuant to section 3561 of this title with a written description of the nature of those differences;
Fourth: On page 9, after the period on line 5 by inserting the following:
Sec. 10a. 8 V.S.A. § 5112 is amended to read:
§ 5112. STATUTORY CONSTRUCTION AND RELATIONSHIP TO OTHER LAWS
Except as provided in this chapter, and except as provided in section 3315, section 4080a, section 4080b and subchapter 2 of chapter 112 of this title, provisions of the insurance laws and specifically provisions of 8 V.S.A. chapters 123 and 125 shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.
(Committee vote: 7-0-0)
S. 148.
An act relating to reimbursing state employees cleared of alleged criminal wrongdoing.
Reported favorably with recommendation of amendment by Senator Cummings for the Committee on Judiciary.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 32 V.S.A. § 932a(e) is added to read:
(e)(1) A state employee who incurs expenses for legal representation because of a criminal investigation conducted by law enforcement authorities regarding an act or omission within the scope of the employee’s duties, may present an administrative claim to the head of his or her employing agency, provided that the employee has not:
(A) been convicted of any criminal offense on account of the act or omission;
(B) been finally terminated by the employing agency; or
(C) resigned from employment due to the act or omission.
(2) If the agency head has not yet made a determination whether the employee will be terminated, or if the termination is appealed to the Vermont labor relations board, the request may be held until such a determination has been made or the board decides the case. An employee reinstated by the board may present a claim.
(3) The agency head shall forward the request along with a recommendation to the secretary of administration, who may authorize administrative reimbursement from the agency’s budget for reasonable and necessary expenses, not to exceed $5,000.00. Payment under this subsection may only be authorized upon a finding by the secretary of administration that the act or omission was within the scope of the employee’s duties. The decision to reimburse and the amount of reimbursement are matters fully within the secretary’s discretion. The secretary’s decision shall be final and there shall be no appeal or challenge of the decision. There shall be no other reimbursement of legal expenses for criminal representation except as authorized under section 1104 of Title 3.
Sec. 2. EFFECTIVE DATE
This act shall take effect upon passage, but shall apply to claims arising on or after July 1, 1999.
Sec. 3. COMMISSIONER OF PERSONNEL; REPORT TO GENERAL ASSEMBLY
The commissioner of personnel, with the cooperation of the Vermont State Employees Association, shall file a report by January 1, 2002 with the General Assembly which evaluates the implementation of this act and recommends any necessary changes.
(Committee vote: 6-0-0)
Favorable with Recommendation of Amendment
H. 478.
An act relating to capital appropriations and state bonding.
Reported favorably with recommendation of proposal of amendment by Senator Illuzzi for the Committee on Institutions.
The Committee recommends that the Senate propose to the House to amend the bill as follows:
First: By striking out Sec. 1 in its entirety and inserting a new Sec. 1 to read as follows:
Sec. 1. STATE BUILDINGS
(a) The sum of $19,035,000 is appropriated to the department of buildings and general services for:
(1) Barre, McFarland House, state office building, renovations, on the condition that the entire building be vacated during renovations, which action is hereby authorized: 4,550,000
(2) Bennington, downtown state office building, 324 Main Street, renovations: 1,750,000
(3) Brattleboro, state office building, ventilation improvements: 30,000
(4) Burlington, 32 Cherry Street and 108 Cherry Street garages, phase one repairs: 150,000
(5) Montpelier, 133 State Street, phase two renovations: 5,000,000
(6) Statewide, major maintenance: 4,000,000
(7) Statewide, implementation of security program: 280,000
(8) Statewide, military records project, final installment: 35,000
(9) [Reserved.]
(10) Statewide, Americans With Disabilities Act, accessibility to public buildings: 500,000
(11) Statewide, contingency fund: 500,000
(12) Statewide, building reuse: 100,000
(13) Statewide, planning: 35,000
(14) Statewide, roof replacement, phase two: 125,000
(15) Waterbury, state office complex, electrical loop upgrade: 660,000
(16) Waterbury, state office complex, parking lot and lighting renovations. The commissioner of buildings and general services is authorized to use up to $10,000 to upgrade the playground at this location: 610,000
(17) Montpelier, State House, restoration of committee rooms 27 and 28: 100,000
(18) Montpelier, 9 Baldwin Street, conversion to a child care center or for use by secretary of state investigators. As a condition of the appropriation, the commissioner of buildings and general services is directed to study the feasibility of renovating all or part of the Redstone building for use as a child care facility. Should the site be deemed appropriate, the commissioner of buildings and general services is further directed, prior to expending funds under this section, to determine if a facility suitable for a child care facility is available for sale within the greater capital area. The commissioner is authorized to purchase a building deemed appropriate, at his or her discretion, with funds allocated under this section. The commissioner shall report his or her actions and recommendations to the house and senate committees on institutions on or before January 15, 2002. The commissioner shall work with legislative council staff, the Vermont state employees’ association, the department of personnel, and the department of social and rehabilitation services to fulfill the requirements of this subdivision: 150,000
(19) Newport City, repair of Glen Road: 125,000
(20) Newport, courthouse and Emerson state office building, installation of air conditioning on fourth floor or ventilation of attic, or both: 100,000
(21) Montpelier, 136 State Street, sculpture garden: 35,000
(22) Montpelier, State House, goldleaf work on dome: 50,000
(23) Montpelier, liquor control office, 15 Green Mountain Drive, heating, ventilation, and air conditioning installation: 150,000
(b) The sum of $400,000 is appropriated to the department of buildings and general services to undertake planning and design of an addition to the State House, to enhance food service preparation and delivery in the State House cafeteria, and to increase the space available to house standing committees. There is established a special committee to oversee and direct these initiatives. The committee shall be comprised of the chairs and vice-chairs of the house and senate committees on institutions and the commissioner of buildings and general services, or designees. Interim action shall be taken by January 1, 2002 to enhance food service preparation and delivery in the State House cafeteria. Members of the general assembly shall be entitled to per diem and expenses in the same manner as provided to standing committees pursuant to 2 V.S.A. § 406.
(c) By January 15, 2002, the commissioner of buildings and general services and legislative council staff shall study and recommend to the house and senate committees on institutions the feasibility and cost of installing equipment enabling a digital audio stream to be received on the world wide web of proceedings held in the house and senate chambers.
(Total appropriation – Section 1 $19,435,000)
Second: By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:
Sec. 2. HUMAN SERVICES
(a) The sum of $1,228,700 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, for:
(1) Statewide, corrections facilities, security improvements: 150,000
(2) Waterbury, Brooks detention facility renovation: 1,078,700
(b) The sum of $5,000,000 is appropriated to the department of buildings and general services for the agency of human services for the Southern State Correctional Facility.
(Total appropriation – Section 2 $6,228,700)
Third: By striking out Sec. 3 in its entirety and inserting a new Sec. 3 to read as follows: