VCDR Legislation Activity
VCDR Bills H.524 (Service Animal) H.66 (Walk with Class)
H.524 Service Animal Protections was passed by the House of Representatives and sent along to the Senate. The House Judiciary Committee had amended the bill to narrow the focus specifically to “Guide Dogs.” The bill now goes over to the Senate. Senator Dick Sears, Chair of Senate Judiciary will take up the bill after the March town meeting break.
http://www.leg.state.vt.us/docs/2010/journal/hj100218.pdf
Page 250 of the House Journal of February 18th
Bill Amended; Third Reading Ordered
H. 524
Rep. French of Shrewsbury, for the committee on Judiciary, to which had been referred House bill, entitled
An act relating to interference with or cruelty to a service animal
Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 13 V.S.A. § 355 is added to read:
§ 355. INTERFERENCE WITH OR CRUELTY TO A GUIDE DOG
(a) As used in this section:
- “Custody” means the care, control and maintenance of a dog.
- “Guide dog” means a dog individually trained to do work or perform tasks for the benefit of an individual with a disability for purposes of guiding an individual with impaired vision, alerting an individual with impaired hearing to the presence of people or sounds, assisting an individual during a seizure, pulling a wheelchair, retrieving items, providing physical support and assistance with balance and stability, and assisting with navigation.
- “Notice” means a verbal or otherwise communicated warning regarding the behavior of another person and a request that the person stop the behavior.
(b) No person shall recklessly injure or cause the death of a guide dog, or permit a dog he or she owns or has custody of to injure or cause the death of a guide dog. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $3,000.00, or both.
(c) No person who has received notice or has knowledge that his or her behavior, or the behavior of a dog he or she owns or has custody of, is interfering with the use of a guide dog shall recklessly continue to interfere with the use of a guide dog, or allow the dog he or she owns or has custody of to continue to interfere with the use of a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
(d) No person shall interfere with the use of a guide dog, or permit a dog he or she owns or has custody of to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection commits a civil offense and shall be:
- for a first offense, fined not more than $100.00.
- for a second or subsequent offense, fined not more than $250.00.
(e) As provided in section 7043 of this title, restitution shall be considered by the court in any sentencing under this section if the victim has suffered any material loss. Material loss for purposes of this section means uninsured:
- veterinary medical expenses;
- costs of temporary replacement assistance services, whether provided by a person or guide dog;
- replacement value of an equally trained guide dog without any differentiation for the age or experience of the dog;
loss of wages; and - costs and expenses incurred by the person as a result of the injury to the guide dog.
Sec. 2. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
(b) The judicial bureau shall have jurisdiction of the following matters:
(12) Violations of 13 V.S.A. § 352(3), (4), and (9), relating to cruelty to animals, and 13 V.S.A. § 355(e)(1) and (2), relating to interference with a guide dog.
and that after passage, the title of the bill be amended to read: “An act relating to interference with or cruelty to a guide dog”
The bill, having appeared on the Calendar one day for notice, was taken up, read the second time.
Pending the question, Shall the House amend the bill as recommended by the committee on Judiciary? Rep. French of Shrewsbury moved to amend the report of the committee on Judiciary as follows:
In Sec. 2 by striking “13 V.S.A. § 355(e)(1) and (2)” and inserting in lieu thereof “13 V.S.A. § 355(d)”
Which was agreed to and the report of the committee on Judiciary, as amended, was agreed to and third reading ordered.
Proposal of Amendment Agreed to; Third Reading Ordered;
Rules Suspended; Bill Read Third Time and Passed in Concurrence
With Proposal of Amendment; Rules Suspended and Bill Ordered
Messaged to the Senate Forthwith
H.66 The “Graduation” bill was voted out of the House Committee on Education February18th. The amended bill appears on page 278 of the House Calendar of February 19th for notice. They will most likely take it up on Tuesday, the 23rd, unless they move it along today by suspending the rules.
http://www.leg.state.vt.us/docs/2010/calendar/hc100219.pdf
NOTICE CALENDAR
Favorable with Amendment H. 66
An act relating to including secondary students with disabilities in senior year activities and ceremonies
Rep. Mook of Bennington, 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. § 2944(g)–(i) are added to read:
(g) Any public or approved independent secondary school receiving state education funds shall allow an enrolled student to choose to participate in the graduation ceremony and senior year activities of the student’s peers if:
- the student is receiving specialized instruction or services, from or through the school, described in an individualized education plan (“IEP”) or a Section 504 plan;
- under the IEP or Section 504 plan, the student will need to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education, including special education and transition services; and
- the student, as a result of his or her disability or impairment, needs to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education.
(h) A student who participates in a graduation ceremony pursuant to subsection
(g) of this section shall not receive a diploma as part of that ceremony, but shall receive a certificate of recognition in a form determined by the school. If on an IEP, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements and at a time determined by the IEP team. If on a Section 504 plan, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements. Unless a school determines otherwise, a student may participate in no more than one graduation ceremony.
(i) A student’s participation in a graduation ceremony pursuant to subsection
(g) of this section shall not affect or limit the student’s eligibility for special education services, related services, transition services, or Section 504 services following the ceremony.
( Committee Vote: 10-1-0)