House Calendar
THURSDAY, APRIL 2, 2009
86th DAY OF BIENNIAL SESSION
House Convenes at 9:30 A. M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Committee Bill for Second Reading
H. 441 Making Appropriations for the Support of Government................ 818
Rep. Heath for Appropriations
Rep. Heath Amendment ................................................................ 818
Rep. Donovan Amendment........................................................... 818
Rep. Fisher et al Amendment........................................................ 821
Favorable with Amendment
S. 115 Relating to Civil Marriage............................................................... 822
Rep. Lippert for Judiciary
Rep. Donahue Amendment ........................................................... 828
Rep. Helm et al Amendment......................................................... 830
For Action Under Rule 52
H.R. 11 Requesting Regulatory Officials to Work Cooperatively ............ 830
Action Postponed Until Tuesday, April 7, 2009
For Action Under Rule 52
J.R.H. 16 Designating April as Fair Housing Month in VT...................... 830
Favorable with Amendment
H. 147 Operation of Motor Vehicle by Junior Operators/Seat Belts ........ 830
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ORDERS OF THE DAY
ACTION CALENDAR
Committee Bill for Second Reading
H. 441
An act relating to making appropriations for the support of government.
(Rep. Heath of Westford will speak for the Committee on
Appropriations.)
Amendment to be offered by Rep. Heath of Westford to H. 441
Moves that the bill be amended as follows:
In Sec.B.813, lines 17 and 21, by striking the figure “$17,933,436” and
inserting the figure $21,933,436 and in line 19 by striking the figure
“$6,326,622” and inserting the figure $10,326,662.
Amendment to be offered by Rep. Donovan of Burlington to H. 441
Moves that the bill be amended by adding two new sections to be Secs.
E.500.1 and E.500.2 to read:
Sec. E.500.1 THE AMERICAN RECOVERY AND INVESTMENT ACT OF
2009; EDUCATION
(a) The American Recovery and Reinvestment Act of 2009.
(1) The American Recovery and Reinvestment Act of 2009 (ARRA)
provides billions of dollars in federal funds to stimulate the economy in the
short term and to invest in education and other essential public services
necessary to ensure the long-term economic health of the nation.
(2) Four principles guide distribution of ARRA funds:
(A) Spend funds quickly to save and create jobs.
(B) Improve student achievement through school reform.
(C) Ensure transparency, reporting, and accountability.
(D) Invest one-time ARRA funds thoughtfully to minimize
unsustainable recurring costs in the future.
(b) Title VIII of the ARRA. In Title VIII, the ARRA appropriates
additional funding to supervisory unions and school districts through existing
federal programs, such as Title I of the Elementary and Secondary Education
Act (Title I) and the Individuals with Disabilities Education Act (IDEA), to
enhance and develop educational practices and outcomes for students who are
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disadvantaged or disabled, to provide supports for the lowest performing
schools, and to promote innovation and improvement in education for all
students.
(c) Title XIV of the ARRA. In Title XIV, the ARRA provides funding for
education purposes through the newly created State Fiscal Stabilization Fund
(SFSF).
(1) The ARRA requires “assurances” that SFSF funds are used for:
(A) College- and career-ready standards and high quality, valid, and
reliable assessments for all students, including English language learners and
students with disabilities.
(B) Teacher effectiveness and equitable distribution of effective
teachers.
(C) Pre-K to higher education data that meet the principles in the
America COMPETES Act.
(D) Intensive support and effective interventions for
lowest-performing schools.
(2) Local Education Agencies (LEAs) may use SFSF funds for any
activity authorized under Title I, IDEA, and other federal education programs,
including for the modernization of school facilities and the payment of salaries
to avoid teacher layoffs.
(3) LEAs are encouraged to use funds for activities that advance
progress on the assurances set out in subdivision (1) of this subsection and that
drive lasting results without creating unsustainable recurring costs.
(4) SFSF education funds for elementary and secondary schools must
run through the state’s primary funding formula.
(d) Department of education. The general assembly recognizes that, if it
has the capacity, the department of education shall help supervisory unions and
school districts to use IDEA, Title I, and other federal stimulus funds, both
within and among these entities, in coordinated, fiscally prudent ways that
advance the educational purposes of the ARRA. Therefore, it is the intent of
the general assembly to ensure that the department has the positions and
funding that it needs to help supervisory unions and school districts. Examples
of departmental assistance include:
(1) Developing, coordinating, or providing professional development
models to assist implementation of evidence-based strategies to:
(A) Increase student participation and achievement levels, such as
through responsiveness to intervention (RTI), positive behavioral supports
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(PBS), differentiated instruction (DI), the Vermont integrated instructional
model (VIIM), and the formative assessment project.
(B) Provide effective prevention and intervention strategies to
support students at risk of not completing high school.
(C) Promote secondary school transformation.
(D) Support early intervention and early childhood education.
(2) Coordinating early intervention and early education services
statewide.
(3) Aiding school districts to provide assistive technology equipment not
otherwise available to them through existing funding sources.
(e) Supervisory unions and school districts. It is the intent of the general
assembly that federal IDEA, Title I, and any other federal stimulus funds
received by supervisory unions or school districts are used in fiscally prudent
ways to advance the purposes of the ARRA as it relates to education without
creating unsustainable recurring costs, such as:
(1) To provide intensive professional development opportunities in
special education and general education that focus on implementing
innovative, evidence-based, schoolwide strategies in reading, math, and
science and in the use of positive behavioral interventions and supports.
(2) To establish a system to identify and train highly effective teachers
to serve as instructional leaders and mentors.
(3) To implement innovative, flexible, evidence-based programs and
practices to identify and support students who are at risk of not completing
high school.
(4) To implement student progress monitoring systems to assist teachers
and administrators to collect and use data to improve instruction and learning
for all students.
(5) To provide intensive training and coaching to teachers,
administrators, and para-educators to improve services provided to students
with disabilities, including autism and emotional behavioral disorders.
(6) To save existing jobs and create new Pre-K–12 positions by, among
other things, paying salaries of teachers and other school employees.
(7) To provide additional intervention services for children with
disabilities who are eligible for early childhood education as that term is
defined in 16 V.S.A. § 11(a)(31).
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(8) To support the training and certification of early childhood educators
working in a program offered by or through a school district.
(9) To increase the federal share of special education costs.
Sec. E.500.2 FIVE LIMITED SERVICE POSITIONS WITHIN THE
DEPARTMENT OF EDUCATION
(a) Five limited service positions are authorized within the department of
education to support implementation of Sec. E.500.1 of this act, including one
exempt attorney position to specialize in special education law, one program
coordinator I position, and three education consultant II positions.
(b) The sum of $325,000.00 is appropriated to the department of education
from the special fund created in subsection 2959a(b) of Title 16 through an
allocation made pursuant to subsection 2959a(f) of that title.
Amendment to be offered by Reps. Fisher of Lincoln, Jewett of Ripton,
Lanpher of Vergennes, Maier of Middlebury, Nuovo of Middlebury,
Sharpe of Bristol and Stevens of Shoreham to H. 441
Move to amend the bill by adding Secs. E.343 and E.344 to read:
Sec. E.343 3 V.S.A. § 4005(c) is added to read:
(c) Notwithstanding any other provisions of law to the contrary or any
action of the secretary of administration pursuant to section 704 of Title 32,
any change in the current organization or functions of the administrative
districts and offices of the agency of human services, as set forth in sections
4001 and 4002 of Title 3, shall only be made by enactment by the general
assembly.
Sec. E.344 32 V.S.A. § 704(h) is added to read:
(h) Notwithstanding any part of this section to the contrary, no expenditure
reduction plan under this section shall involve a change in the current
organization or functions of the administrative districts and offices of the
agency of human services, as set forth in sections 4001 and 4002 of Title 3.
Favorable with Amendment
S. 115
An act relating to civil marriage.
Rep. Lippert of Hinesburg, for the Committee on Judiciary, recommends
that the House propose to the Senate that the bill be amended by striking all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
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This act may be referred to and cited as “An Act to Protect Religious
Freedom and Promote Equality in Civil Marriage.”
Sec. 2. PURPOSE
The purpose of this act is to promote legal equality in the civil marriage
laws and to protect the religious freedom of clergy and religious societies
authorized to solemnize civil marriages.
Sec. 3. 15 V.S.A. § 1a is added to read:
§ 1a. PERSON FORBIDDEN TO MARRY A RELATIVE
No person shall marry his or her parent, grandparent, child, grandchild,
sibling, sibling’s child, or parent’s sibling.
Sec. 4. 15 V.S.A. § 4 is amended to read:
§ 4. MARRIAGE CONTRACTED WHILE ONE IN FORCE
Marriages contracted while either party has a living spouse or a living party
to a civil union is legally married or joined in civil union to a living person
other than the party to that marriage shall be void.
Sec. 5. 15 V.S.A. § 8 is amended to read:
§ 8. MARRIAGE DEFINITION
Marriage is the legally recognized union of one man and one woman two
people. When used in this chapter or in any other statute, the word “marriage”
shall mean a civil marriage. Terms relating to the marital relationship or
familial relationships shall be construed consistently with this section for all
purposes throughout the law, whether in the context of statute, administrative
or court rule, policy, common law, or any other source of civil law.
Sec. 6. 15 V.S.A. § 1202(2) is amended to read:
(2) Be of the same sex and therefore excluded from the marriage laws of
this state.
Sec. 7. 18 V.S.A. § 5131(a) is amended to read:
(a)(1) Upon application in a form prescribed by the department, a town
clerk shall issue to a person a civil marriage license in the form prescribed by
the department and shall enter thereon the names of the parties to the proposed
marriage, fill out the form as far as practicable and retain in the clerk’s office a
copy thereof.
(2) The department shall prescribe forms that allow each party to a
marriage to be designated “bride,” “groom,” or “spouse,” as he or she chooses,
and the application shall be in substantially the following form:
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VERMONT DEPARTMENT OF HEALTH
APPLICATION FOR VERMONT LICENSE OF CIVIL MARRIAGE
FEE FOR CIVIL MARRIAGE LICENSE: $45.00, FEE FOR CERTIFIED
COPY $10.00
BRIDE/GROOM/SPOUSE (circle one)
NAME (First) (Middle) (Last)
SEX DATE OF BIRTH AGE
(e.g., July 1, 2009)
BIRTHPLACE EDUCATION (Circle No.
Yrs. Completed)
GRAD GRAD COLLEG
ES ES E
RESIDENCE (No. and Street) 1-8 9-12 (1-5+)
CITY OR TOWN COUNTY STATE
RACE – White, Black, Native American, Indian, Chinese, Japanese,
Hawaiian, Filipino (Specify)
FATHER’S NAME (First, Middle, Last)
FATHER’S BIRTHPLACE MOTHER’S BIRTHPLACE (State
(State or Foreign Country) or Foreign Country)
MOTHER’S MAIDEN NAME (First, Middle, Maiden Surname)
NO. OF THIS NO. OF IF PREVIOUSLY IN MARRIAGE
MARRIAGE CIVIL
OR CIVIL UNION, LAST
(1st, 2nd, etc.) UNIONS
RELATIONSHIP WAS
1. MARRIAGE 2. CIVIL
UNION
Date last marriage or civil union ended _______________Month
______________Year
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LAST RELATIONSHIP ENDED BY:
1. □ DEATH 2. □ DISSOLUTION 3. □ ANNULMENT
4. □ PREVIOUS CIVIL UNION DID NOT END. MARRYING
CIVIL UNION
PARTNER
Does either party have a legal guardian __________ Yes
___________No
BRIDE/GROOM/SPOUSE (circle one)
NAME (First) (Middle) (Last)
SEX DATE OF BIRTH AGE
(e.g., July 1, 2009)
BIRTHPLACE EDUCATION (Circle No. Yrs.
Completed)
GRADES GRAD COLLEG
1-8 ES E
RESIDENCE (No. and Street)
CITY OR TOWN COUNTY STATE
RACE – White, Black, Native American, Indian, Chinese, Japanese,
Hawaiian, Filipino (Specify)
FATHER’S NAME (First, Middle, Last)
FATHER’S BIRTHPLACE MOTHER’S BIRTHPLACE
(State or Foreign Country) (State or Foreign Country)
MOTHER’S MAIDEN NAME (First, Middle, Maiden Surname)
NO. OF THIS NO. OF IF PREVIOUSLY IN
MARRIAGE CIVIL MARRIAGE OR CIVIL
(1st, 2nd, etc.) UNIONS UNION, LAST
RELATIONSHIP WAS
1. MARRIAGE 2. CIVIL
UNION
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Date last marriage or civil union ended ___________Month
_____________Year
LAST RELATIONSHIP ENDED BY:
1. □ DEATH 2. □ DISSOLUTION 3. □ ANNULMENT
4. □ PREVIOUS CIVIL UNION DID NOT END. MARRYING
CIVIL UNION
PARTNER
Does either party have a legal guardian __________ Yes
___________No
APPLICANTS
We hereby certify that the information provided is correct to the
best of our knowledge and belief and that we are free to marry
under the laws of Vermont.
SIGNATURE_______________
SIGNATURE_________________
Date signed: ________________ Date signed:
__________________
Planned marriage date________ Location (City or
town)____________
Officiant Name & Address
__________________________________
Your mailing address after wedding
___________________________
Do you want a certified copy of your Marriage Certificate?
($10.00)
_____Yes _____ No
Date License issued _____ Clerk issuing License _____
This worksheet may be destroyed after marriage is registered.
(3) At least one party to the proposed marriage shall sign the certifying
application to the accuracy of the facts so stated. The license shall be issued
by the clerk of the town where either the bride or groom party resides or, if
neither is a resident of the state, by any town clerk in the state.
Sec. 8. 18 V.S.A. § 5142 is amended to read:
§ 5142. RESTRICTIONS AS TO MINORS AND INCOMPETENT
PERSONS
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A clerk shall not issue a marriage license when either party to the intended
marriage is:
(1) A person who has not attained his majority without the consent in
writing of one of the parents if there is one competent to act; or the guardian of
such minor;
(2) Nor with such consent when either party is under sixteen 16 years of
age unless furnished with a certificate of a probate, district or superior judge,
of the district or county in which one of the applicants resides, if either
applicant is a resident of the state, otherwise of the district or county in which
the marriage is sought to be consummated, that the public good requires such
license to be issued;
(3) Nor when either of the parties to the intended marriage is non
compos mentis;
(4) Nor to a person under guardianship without the written consent of
such guardian;
(5) Nor in any case when either party is under fourteen years of age.
Sec. 9. 18 V.S.A. § 5144 is amended to read:
§ 5144. PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE
(a) Marriages may be solemnized by a supreme court justice, a superior
court judge, a district judge, a judge of probate, an assistant judge, a justice of
the peace, an individual who has registered as an officiant with the Vermont
secretary of state pursuant to section 5144a of this title, a member of the clergy
residing in this state and ordained or licensed, or otherwise regularly
authorized thereunto by the published laws or discipline of the general
conference, convention, or other authority of his or her faith or denomination,
or by such a clergy person residing in an adjoining state or country, whose
parish, church, temple, mosque, or other religious organization lies wholly or
in part in this state, or by a member of the clergy residing in some other state
of the United States or in the Dominion of Canada, provided he or she has first
secured from the probate court of the district within which the marriage is to be
solemnized a special authorization, authorizing him or her to certify the
marriage if such probate judge determines that the circumstances make the
special authorization desirable. Marriage among the Friends or Quakers, the
Christadelphian Ecclesia, and the Baha’i Faith may be solemnized in the
manner heretofore used in such societies.
(b) This section does not require a member of the clergy authorized to
solemnize a marriage as set forth in subsection (a) of this section, nor societies
of Friends or Quakers, the Christadelphian Ecclesia, or the Baha’i Faith to
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solemnize any marriage, and any refusal to do so shall not create any civil
claim or cause of action.
Sec. 10. 8 V.S.A. § 4501 is amended to read:
§ 4501. EXEMPTIONS
(a) Except as herein provided, societies shall be governed by this chapter
and shall be exempt from all other provisions of the insurance laws of this
state, not only in governmental relations with the state, but for every other
purpose. No law hereafter enacted shall apply to them, unless they be
expressly designated therein.
(b) The civil marriage laws shall not be construed to affect the ability of a
society to determine the admission of its members as provided in section 4464
of this title, or to determine the scope of beneficiaries in accordance with
section 4477 of this title, and shall not require a society that has been
established and is operating for charitable and educational purposes and which
is operated, supervised, or controlled by or in connection with a religious
organization to provide insurance benefits to any person if to do so would
violate the society’s free exercise of religion, as guaranteed by the First
Amendment to the Constitution of United States or by Chapter I, Article 3 of
the Constitution of the State of Vermont.
Sec. 11. 9 V.S.A. § 4502 is amended to read:
§ 4502. PUBLIC ACCOMMODATIONS
***
(l) Notwithstanding any other provision of law, a religious organization,
association, or society, or any nonprofit institution or organization operated,
supervised, or controlled by or in conjunction with a religious organization,
association, or society, shall not be required to provide services,
accommodations, advantages, facilities, goods, or privileges to an individual if
the request for such services, accommodations, advantages, facilities, goods, or
privileges is related to the solemnization of a marriage or celebration of a
marriage. Any refusal to provide services, accommodations, advantages,
facilities, goods, or privileges in accordance with this subsection shall not
create any civil claim or cause of action. This subsection shall not be
construed to limit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised, or controlled by or
in conjunction with a religious organization from selectively providing
services, accommodations, advantages, facilities, goods, or privileges to some
individuals with respect to the solemnization or celebration of a marriage but
not to others.
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Sec. 12. REPEAL
(a) The following sections in Title 15 are repealed:
(1) § 1 (man forbidden to marry relatives);
(2) § 2 (woman forbidden to marry relatives);
(3) § 5 (marriage entered into in another state);
(4) § 6 (marriage void in state of residence);
(5) § 1201(4) (definition of marriage).
(b) The following sections in Title 18 are repealed:
(1) § 5160 (issuance of civil union license; certification; return of civil
union certificate);
(2) § 5161 (issuance of license);
(3) § 5162 (proof of legal qualifications of parties to a civil union;
penalty);
(4) § 5163 (restrictions as to minors and incompetent persons);
(5) § 5164 (persons authorized to certify civil unions);
(6) § 5164a (temporary officiant for civil unions);
(7) § 5165 (civil union license required for certification; failure to
return).
Sec. 13. EFFECTIVE DATE
This act shall take effect September 1, 2009.
(Committee vote: 8-2-1)
Amendment to be offered by Rep. Donahue of Northfield to S. 115
Moves that the bill be amended as follows:
First: In Sec. 1, by striking the word “Promote” and inserting in lieu thereof
“Recognize”
Second: By striking Sec. 2 in its entirety and inserting in lieu thereof the
following:
Sec. 2. PURPOSE
The purpose of this act is to recognize the right to equality under the laws of
civil marriage and to ensure that clergy and religious societies are recognized
as having marriage rites or rituals that are distinct from civil marriage and that
are protected by the right to freedom of religion.
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Third: By striking Sec. 9 in its entirety and inserting in lieu thereof the
following:
Sec. 9. 18 V.S.A. § 5144 is amended to read:
§ 5144. PERSONS AUTHORIZED TO SOLEMNIZE CIVIL MARRIAGE
Marriages Civil marriages may be solemnized by a supreme court justice, a
superior court judge, a district judge, a judge of probate, an assistant judge, a
justice of the peace, or an individual who has registered as an officiant with the
Vermont secretary of state pursuant to section 5144a of this title, a member of
the clergy residing in this state and ordained or licensed, or otherwise regularly
authorized thereunto by the published laws or discipline of the general
conference, convention, or other authority of his or her faith or denomination,
or by such a clergy person residing in an adjoining state or country, whose
parish, church, temple, mosque, or other religious organization lies wholly or
in part in this state, or by a member of the clergy residing in some other state
of the United States or in the Dominion of Canada, provided he or she has first
secured from the probate court of the district within which the marriage is to be
solemnized a special authorization, authorizing him or her to certify the
marriage if such probate judge determines that the circumstances make the
special authorization desirable. Marriage among the Friends or Quakers, the
Christadelphian Ecclesia, and the Baha’i Faith may be solemnized in the
manner heretofore used in such societies.
Fourth: By adding a Sec. 9a to read as follows:
Sec. 9a. 18 V.S.A. § 5147 is amended to read;
§ 5147. SOLEMNIZATION BY UNAUTHORIZED PERSON; PENALTY;
VALIDITY OF CIVIL MARRIAGE
***
(b) A civil marriage solemnized before a person professing to be a justice
or a minister of the gospel shall not be void nor the validity thereof affected for
want of jurisdiction or authority in such supposed justice or minister, providing
that the civil marriage is in other respects lawful and is consummated with a
belief on the part of the persons so married, or either of them, that they were
lawfully joined in civil marriage.
Fifth: By adding a Sec. 12a to read as follows:
Sec. 12a. STATUTORY REVISIONS
The staff of the legislative council, in its statutory revision capacity, is
authorized and directed to make such amendments to the Vermont Statutes
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Annotated as are necessary to effect the purpose of this act, including, where
applicable, substituting the words “civil marriage” for the word “marriage.”
Such changes shall be made when new legislation is proposed, or there is a
republication of a volume of the Vermont Statutes Annotated.
Amendment to be offered by Reps. Helm of Castleton, Clark of
Vergennes, O’Donnell of Vernon, Acinapura of Brandon, Baker of West
Rutland, Branagan of Georgia, Crawford of Burke, Donaghy of Poultney,
Fagan of Rutland City, Higley of Lowell, Johnson of Canaan, Komline of
Dorset, Larocque of Barnet, Lewis of Derby, McAllister of Highgate,
McDonald of Berlin, Morley of Barton, and Savage of Swanton,
Move that the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. ADVISORY REFERENDUM
There shall be submitted to the voters of the state of Vermont on a ballot
prepared by the secretary of state on March 2, 2010, the question:
Shall the General Assembly amend the laws of the state to allow couples of
the same sex to marry?
For Action Under Rule 52
H. R. 11
House resolution requesting state government regulatory officials to work
cooperatively with Vermont small businesses in the enforcement of rules and
regulations.
(For text see House Journal April 1, 2009)
Action Postponed Until Tuesday, April 7, 2009
For Action Under Rule 52
J. R. H. 16
Joint resolution designating April as Fair Housing Month in Vermont.
(For text see House Journal Friday, March 27, 2009)
H. 147
An act relating to the operation of a motor vehicle by junior operators and
primary safety belt enforcement.
Pending Action: Second reading of the bill
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(For text see House Journal March 31, 2009; P. 756)
House Appropriations Committee
Members’ amendments to Fiscal Year 2010
Omnibus Appropriations Bill
The House Appropriations Committee invites all members of the House, who
intend to introduce amendments to the FY 2010 appropriations bill, to meet
with the committee on Thursday, April 2, at 8:30 a.m., OR for third reading,
Friday, April 3, at 8:30 a.m., in Room 42. If possible, please talk to Theresa
Utton-Jerman 828-5970 or tutton@[Link] to schedule a time.
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