Journal of the Senate
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FRIDAY, MAY 14, 2004
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Pages Honored
In appreciation of their many services to the members of the General
Assembly, the President recognized the following-named pages who are
completing their services today and presented them with commemorative
posters:
Taylor Bates of Williston
Garrett Bauman of Castleton
Henry Cesari of Chelsea
Andrea Fagnant of Morrisville
Azalea Frank of Montpelier
Kendra LaBounty of Richmond
Hannah McMeekin of Randolph
Lukas Petersen of Burlington
Molly Taylor of Bethel
Genna Williams of Shaftsbury
Bill Ordered to Lie
H. 648.
House bill entitled:
An act relating to application by village for designation of village center.
Was taken up.
Thereupon, pending the report of the Committee on Finance, on motion of
Senator Cummings, the bill was ordered to lie.
Consideration Postponed
H. 201.
House bill entitled:
An act relating to a farm viability program.
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Was taken up.
Thereupon, without objection consideration of the bill was postponed until
the next legislative day.
Joint Resolutions Adopted in Concurrence
Joint House resolutions entitled:
J.R.H. 53.
Joint resolution authorizing the legislative council to codify educational
charters and agreements as Title 16 Appendix of the Vermont Statutes
Annotated.
J.R.H. 71.
Joint resolution in support of community-controlled preadjudication
programs such as court diversion.
Having been placed on the Calendar for action, were taken up.
Thereupon, the resolutions were adopted collectively in concurrence.
Appointments Confirmed
Under suspension of the rules (and particularly, Senate Rule 93), as moved
by Senator Welch, the following Gubernatorial appointments were confirmed
together as a group by the Senate, without reports given by the Committees to
which they were referred and without debate:
Donald Marsh of Montpelier – Alternate Member of the Environmental
Board, - from May 3, 2004, to January 31, 2007.
William Corrow of Williamstown - Member of the State Board of
Education, - from May 22, 2003, to February 28, 2009.
Linda R. Milne of Montpelier - Member of the Vermont State Colleges
Board of Trustees, - from May 3, 2004, to February 28, 2009.
Wilma Paronto of Windsor - Member of the Community High School of
Vermont Board, - from July 24, 2003, to February 28, 2006.
Recess
On motion of Senator Welch the Senate recessed until 2:00 P.M.
Called to Order
At 2:20 P.M. the Senate was called to order by the President.
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Senate Resolution Placed on Calendar
S.R. 31.
Senate resolution of the following title was offered, read the first time and is
as follows:
By Senators Shepard, Bartlett, Canns, Collins, Cummings, Gander,
Gossens, Greenwood, Illuzzi, Leddy, Maynard, Mayo, Munt, Sears, Snelling
and White,
S.R. 31. Senate resolution urging the United States Congress and the
United States Food and Drug Administration to work cooperatively to
implement the necessary federal statutory and regulatory changes to permit
physicians to prescribe marijuana for palliative purposes.
Whereas, in recent years there has been an increasing desire, both in
Vermont and nationwide, to use marijuana as a palliative for relief from severe
pain, and
Whereas, in 2003, the United States Ninth Circuit Court of Appeals, in the
case of Walters v Conant, upheld the right of California physicians to discuss
treatment options, including the use of marijuana, with their patients, and
Whereas, the United States Supreme Court has recently refused to hear this
case, therefore leaving it as good law in the western states which comprise the
United States Ninth Circuit Court of Appeals, and
Whereas, the reason this litigation was initiated - and only a small number
of states have enacted statutes permitting the use of marijuana for medicinal
purposes - is that under federal law, specifically 21 U.S.C. § 812(c)(10),
marijuana is classified as a Schedule I controlled substance, which is the most
highly regulated schedule, and
Whereas, drugs with this classification have been declared by law to have
“no currently accepted medical use in treatment in the United States,” and
Whereas, prescription drugs are regulated in a way that requires a licensed
physician’s authorization in order for an individual to obtain a specified
amount of the medication, and
Whereas, certain prescription drugs are subjected to tighter restrictions
because they are stimulants with the potential to cause serious side-effects if
used outside a regimen under a licensed physician’s supervision, and
Whereas, the fraudulent acquisition of prescription drugs can lead to
criminal penalties for both the person who is in possession of the medication
and any physician who provided assistance, and
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Whereas, the designation of marijuana as a highly restricted prescription
medication would make it available to the public for legitimate medicinal
purposes in small and regulated quantities while restricting its broad use for
nonmedicinal purposes, and
Whereas, designating marijuana as a prescription drug will preserve the
drug’s freshness and avoid contamination from mold or other sources, now
therefore be it
Resolved by the Senate:
That the Senate of the State of Vermont urges the United States Congress
and the Food and Drug Administration to work cooperatively to implement the
necessary federal statutory and regulatory changes to permit physicians to
prescribe marijuana for palliative purposes, and be it further
Resolved: That the Secretary of the Senate be directed to send a copy of
this resolution to Dr. Lester M. Crawford, Acting Commissioner of the United
States Food and Drug Administration, and to each member of the Vermont
Congressional Delegation.
Thereupon, in the discretion of the President, under Rule 51, the resolution
was placed on the Calendar for action the next legislative day.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 79.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to establishing an evidentiary privilege to prohibit the
disclosure of communications made to interpreters by hearing impaired
persons.
Was taken up for immediate consideration.
Senator Bloomer, for the Committee of Conference, submitted the
following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 79. An act relating to establishing an evidentiary privilege to prohibit
the disclosure of communications made to interpreters by hearing impaired
persons.
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Respectfully reports that it has met and considered the same and
recommends that the Senate recede from its proposals of amendment, and that
the bill be amended by striking out all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. 1 V.S.A. § 339 is added to read:
§ 339. COMMUNICATIONS MADE TO INTERPRETERS; PROHIBITION
ON DISCLOSURE
(a) An interpreter, whether or not the interpreter is a qualified interpreter,
shall not disclose or testify to:
(1) a communication made by a person to an interpreter acting in his or
her capacity as an interpreter for a hearing impaired person; or
(2) any information obtained by the interpreter as a result of serving as
an interpreter for a hearing impaired person.
(b) There is no prohibition on disclosure under this section if the services
of the interpreter were sought or obtained to enable or aid anyone to commit or
plan to commit what the hearing impaired person knew or reasonably should
have known to be a crime or fraud.
(c) This section shall not be construed to limit or expand the effect of
section 334 of this title.
Sec. 2. STUDY COMMITTEE
(a) A committee is established to study the efficacy of including
communications made by persons who are limited English proficient and
require a foreign language interpreter within the prohibition on disclosures
established by section 339 of Title 1.
(b) The committee shall consist of the following members:
(1) A member appointed by the Vermont refugee resettlement program.
(2) The defender general or his or her designee.
(3)
services.
A member appointed by the Vermont center for crime victims
(4) A member appointed by the Vermont network against domestic
violence and sexual assault.
(5) The executive director of the Vermont human rights commission, or
his or her designee.
(6) A member appointed by Vermont Legal Aid.
(7) The attorney general, or his or her designee.
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(8) A member appointed by the Vermont coalition for disability rights.
(9) Two foreign language interpreters appointed by the Vermont refugee
resettlement program.
(10) The executive director of the department of state’s attorneys and
sheriffs or his or her designee.
(c) The committee may elect a chair and a vice chair and may hold public
hearings.
(d) All members of the committee shall serve on the committee for the
duration of the study unless circumstances dictate a permanent replacement.
Vacancies shall be appointed in the same manner as original appointments.
(e) The committee shall report its findings and recommendations to the
general assembly and the governor no later than January 15, 2005, whereupon
it shall cease to exist. The report shall include:
(1) a recommendation as to whether communications made by persons
who are not hearing impaired but who are limited English proficient and
require a foreign language interpreter should be included within the scope of
the prohibition on disclosures established by section 339 of Title 1;
(2) a definition of the term “limited English proficient”; and
(3) any suggested legislative changes.
And that the title of the bill be amended as follows:
AN ACT RELATING TO PROHIBITING THE DISCLOSURE OF
COMMUNICATIONS MADE TO INTERPRETERS FOR HEARING
IMPAIRED PERSONS.
JOHN H. BLOOMER, JR.
JOHN F. CAMPBELL
DONALD E. COLLINS
Committee on the part of the Senate
ROBERT KISS
MARGARET FLORY
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
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Appointment to Committee of Conference
H. 35.
The President announced the appointment of
Senator White
as a replacement for
Senator Lyons
as a member of the committee of Conference on the part of the Senate to
consider the disagreeing votes of the two Houses upon House bill entitled:
An act relating to improving availability of home and community based
care services.
Senate Concurrent Resolutions
The following joint concurrent resolutions, having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, are hereby adopted on the part of the Senate:
S.C.R. 61.
By Senators Collins and Kittell,
By Representatives Branagan of Georgia and Dunsmore of Georgia,
Senate concurrent resolution commemorating the 100th graduating class of
Bellows Free Academy-Fairfax (BFA-Fairfax).
S.C.R. 62.
By Senators Mayo, Canns, Ayer, Bloomer, Campbell, Collins, Condos,
Doyle, Gander, Gossens, Illuzzi, Leddy, Lyons, MacDonald, Mazza, Miller,
Mullin, Scott, Sears, Shepard and White,
By Representatives Hudson of Lyndon, Crawford of Burke, Bostic of
St. Johnsbury, Bolduc of Barton, Brown of Walden, Clark of St. Johnsbury,
Darrow of Dummerston, Gray of Barre Town, Hall of Newport City, Johnson
of Canaan, Ketchum of Bethel, Larocque of Barnet, Larrabee of Danville,
Peaslee of Guildhall, Rogers of Castleton, Sheltra of Derby, Smith of New
Haven, Sweetser of Essex, Valliere of Barre City and Winters of Swanton,
Senate concurrent resolution commemorating the 100th football game
between Lyndon Institute and St. Johnsbury Academy.
FRIDAY, MAY 14, 2004
1405
S.C.R. 63.
By Senators Bloomer, Maynard and Mullin,
Senate concurrent resolution congratulating Bonnie Gainer on her
retirement as executive director of the Rutland County Women's Network and
Shelter.
S.C.R. 64.
By Senator Doyle,
Senate concurrent resolution Senate concurrent resolution congratulating
Malcolm S. “Kim” Rode for his leadership of the Vermont Municipal Bond
Bank and the Vermont Educational and Health Buildings Financing Agency.
[The full text of the Senate Concurrent Resolutions appeared in the Senate
Calendar Addendum for Thursday, May 13, 2004, and, if adopted in
concurrence by the House, will appear in the volume of the Public Acts and
Resolves to be published for this session of the sixty-seventh biennial session
of the Vermont General Assembly.]
House Concurrent Resolutions
The following joint concurrent resolutions having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, are hereby adopted in concurrence:
H.C.R. 299.
By Representative Bolduc of Barton,
House concurrent resolution congratulating the Orleans Country Club on
the occasion of the club’s 75th anniversary.
H.C.R. 300.
By Representatives Smith of Morristown and Miller of Elmore,
By Senator Bartlett of Lamoille County,
House concurrent resolution congratulating the Morristown Community
Playground Improvement Project (MCPIP).
H.C.R. 301.
By Representatives Trombley of Grand Isle and Johnson of South Hero,
By Senator Collins of Franklin County, Senator Kittell of Franklin County
and Senator Mazza of Grand Isle County,
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JOURNAL OF THE SENATE
House concurrent resolution congratulating the Edmundite Fathers on the
centennial anniversary of their management of the St. Anne’s Shrine on Isle
La Motte.
H.C.R. 302.
By Representatives Hube of Londonderry and Freed of Dorset,
House concurrent resolution congratulating the Stratton Foundation for its
outstanding contributions to southern Vermont’s community life and nonprofit
organizations.
H.C.R. 303.
By Representatives Morrissey of Bennington, Corcoran of Bennington,
Krawczyk, A. of Bennington and Krawczyk, J. of Bennington,
House concurrent resolution congratulating David Estes on the 25th
anniversary of his outstanding service as an educator in the Catholic school
system.
H.C.R. 304.
By Representatives Kitzmiller of Montpelier, Brooks of Montpelier,
Crawford of Burke, Hudson of Lyndon, Livingston of Manchester and Miller
of Shaftsbury,
By Senators Canns, Dunne and Mayo,
House concurrent resolution honoring the cinematic accomplishments of
Luis Guzman of Sutton.
H.C.R. 305.
By Representatives Keenan of St. Albans City, Nitka of Ludlow, Bartlett of
Dover, Brennan of Colchester, Fallar of Tinmouth, Johnson of Canaan,
Krawczyk, J. of Bennington, Masland of Thetford, Shand of Weathersfield,
Valliere of Barre City, Winters of Williamstown and Zuckerman of
Burlington,
By Senators Canns, Gossens, Leddy, Lyons, MacDonald and Snelling,
House concurrent resolution congratulating Michael Zahner of Marshfield
on winning the 2004 National Masters pole vaulting championship.
H.C.R. 306.
By Representative Shand of Weathersfield,
By Senators Campbell, Dunne and Welch,
FRIDAY, MAY 14, 2004
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House concurrent resolution congratulating Gregory Kendal Holtorf upon
earning the rank of Eagle Scout.
H.C.R. 307.
By Representatives Brennan of Colchester, Aswad of Burlington, Atkins of
Winooski, Cross of Winooski, Donovan of Burlington, Hingtgen of
Burlington, Keogh of Burlington, Kiss of Burlington, Larson of Burlington,
Tracy of Burlington, Wright of Burlington and Zuckerman of Burlington,
By Senator Leddy,
House concurrent resolution congratulating the Benevolent and Protective
Order of Elks, Burlington Lodge #916, on its centennial anniversary.
H.C.R. 308.
By Representatives Nitka of Ludlow and Freed of Dorset,
By Senators Bloomer, Campbell, Dunne, Maynard, Mullin and Welch,
House concurrent resolution congratulating the 2004 Black River High
School Presidents state championship girls’ snowboarding team.
H.C.R. 309.
By Representatives Nitka of Ludlow, Allaire of Rutland City, Chen of
Mendon, DePoy of Rutland City, Duffy of Rutland City, Fallar of Tinmouth,
Flory of Pittsford, Freed of Dorset, Haas of Rutland City, Helm of Castleton,
Rogers of Castleton, Sunderland of Rutland Town, Waite of Pawlet and Wood
of Brandon,
By Senators Bloomer, Maynard and Mullin,
House concurrent resolution congratulating Pat Bethel on winning his
fourth consecutive giant slalom title at the state high school snowboarding
championship.
H.C.R. 310.
By Representatives Obuchowski of Rockingham, Bartlett of Dover, Botzow
of Pownal, Chen of Mendon, Crawford of Burke, Cross of Winooski, Darrow
of Dummerston, Deen of Westminster, Edwards of Brattleboro, Gray of Barre
Town, Helm of Castleton, Hudson of Lyndon, Johnson of Canaan, Kenyon of
Bradford, Klein of East Montpelier, Krawczyk, J. of Bennington, Larocque of
Barnet, Maier of Middlebury, Marek of Newfane, Martin of Springfield,
Masland of Thetford, Mazur of South Burlington, McLaughlin of Royalton,
Miller of Shaftsbury, Molloy of Arlington, Partridge of Windham, Perry of
Richford, Pillsbury of Brattleboro, Rusten of Halifax, Shand of Weathersfield,
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Smith of Morristown, Symington of Jericho, Towne of Berlin, Tracy of
Burlington, Valliere of Barre City and Winters of Swanton,
By Senators Canns, Condos, Gander, MacDonald, Mazza, Scott, Sears and
White,
House concurrent resolution in memory of the American military personnel
who have died in the service of their nation in Iraq since March 16, 2004.
H.C.R. 311.
By Representatives Nitka of Ludlow, Branagan of Georgia, Dunsmore of
Georgia, Howrigan of Fairfield, Keenan of St. Albans City, Parent of St.
Albans City, Dostis of Waterbury, Fisher of Lincoln, Larson of Burlington,
Molloy of Arlington, Nease of Johnson and Pugh of South Burlington,
By Senators Collins and Kittell,
House concurrent resolution honoring Kathy Francis of Georgia on her
designation as the National Social Worker of the Year.
H.C.R. 312.
By Representatives Sweetser of Essex, Allard of St. Albans Town, Bohi of
Hartford, Brooks of Montpelier, Crowley of West Rutland, Darrow of
Dummerston, Deen of Westminster, Helm of Castleton, Houston of
Ferrisburgh, Hudson of Lyndon, Keenan of St. Albans City, Kirker of Essex,
Larocque of Barnet, Livingston of Manchester, Mazur of South Burlington,
Molloy of Arlington, Obuchowski of Rockingham, Peaslee of Guildhall, Perry
of Richford, Pugh of South Burlington, Schiavone of Shelburne, Starr of Troy,
Symington of Jericho, Tracy of Burlington, Vincent of Waterbury, Webster of
Randolph, Wood of Brandon and Young of Orwell
By Senator Bartlett of Lamoille County, Senator Canns of Caledonia
County, Senator Doyle of Washington County, Senator Illuzzi of EssexOrleans County, Senator Mazza of Grand Isle County, Senator Munt of
Chittenden County and Senator Sears of Bennington County
House concurrent resolution expressing support for the members of the U.S.
Army Reserve’s 443rd Transportation Company, 89th Regional Readiness
Command during its Middle East deployment.
H.C.R. 313.
By Representatives LaVoie of Swanton, Allard of St. Albans Town,
Branagan of Georgia, Dunsmore of Georgia, Keenan of St. Albans City,
McAllister of Highgate, Parent of St. Albans City, Perry of Richford, Winters
of Swanton, Adams of Hartland, Allaire of Rutland City, Amidon of Charlotte,
Anderson of Woodstock, Aswad of Burlington, Atkins of Winooski, Bailey of
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Hyde Park, Bartlett of Dover, Bohi of Hartford, Bolduc of Barton, Bostic of St.
Johnsbury, Botzow of Pownal, Brennan of Colchester, Brooks of Montpelier,
Brown of Walden, Carey of Chester, Chen of Mendon, Clark of St. Johnsbury,
Clark of Vergennes, Connell of Warren, Corcoran of Bennington, Crawford of
Burke, Cross of Winooski, Crowley of West Rutland, Darrow of Dummerston,
Deen of Westminster, DePoy of Rutland City, Donaghy of Poultney, Donahue
of Northfield, Donovan of Burlington, Dostis of Waterbury, Duffy of Rutland
City, Edwards of Brattleboro, Emmons of Springfield, Endres of Milton,
Errecart of Shelburne, Fallar of Tinmouth, Fisher of Lincoln, Flory of
Pittsford, Freed of Dorset, French of Randolph, Haas of Rutland City, Hall of
Newport City, Head of South Burlington, Heath of Westford, Helm of
Castleton, Hingtgen of Burlington, Houston of Ferrisburgh, Hube of
Londonderry, Hudson of Lyndon, Hummel of Underhill, Jewett of Ripton,
Johnson of South Hero, Johnson of Canaan, Kainen of Hartford, Kennedy of
Chelsea, Ketchum of Bethel, Kirker of Essex, Klein of East Montpelier, Koch
of Barre Town, Krawczyk, A. of Bennington, Krawczyk, J. of Bennington,
Larocque of Barnet, Larrabee of Danville, Larson of Burlington, Lippert of
Hinesburg, Livingston of Manchester, Maier of Middlebury, Marek of
Newfane, Marron of Stowe, Martin of Springfield, Masland of Thetford,
Mazur of South Burlington, McCullough of Williston, McLaughlin of
Royalton, Milkey of Brattleboro, Miller of Shaftsbury, Miller of Elmore,
Molloy of Arlington, Morrissey of Bennington, Myers of Essex, Nease of
Johnson, Nitka of Ludlow, Nuovo of Middlebury, Obuchowski of
Rockingham, O'Donnell of Vernon, Otterman of Topsham, Partridge of
Windham, Peaslee of Guildhall, Peterson of Williston, Pillsbury of
Brattleboro, Pugh of South Burlington, Robinson of Richmond, Rodgers of
Glover, Schiavone of Shelburne, Seibert of Norwich, Shand of Weathersfield,
Shaw of Derby, Sheltra of Derby, Shouldice of Calais, Smith of New Haven,
Smith of Morristown, Starr of Troy, Sunderland of Rutland Town, Sweaney of
Windsor, Sweeney of Colchester, Sweetser of Essex, Symington of Jericho,
Towne of Berlin, Tracy of Burlington, Trombley of Grand Isle, Valliere of
Barre City, Webster of Randolph, Westman of Cambridge, Winters of
Williamstown, Wood of Brandon, Wright of Burlington, Young of Orwell and
Zuckerman of Burlington,
House concurrent resolution congratulating Taylor Wunsch of Swanton on
his superb alpine ski racing accomplishments.
H.C.R. 314.
By Representative Bailey of Hyde Park,
By Senator Bartlett of Lamoille County,
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House concurrent resolution congratulating Ed Webster of Hyde Park on
the completion of his term as president of the New England Association of Fire
Chiefs, Inc.
H.C.R. 315.
By Representatives Smith of New Haven and Houston of Ferrisburgh,
House concurrent resolution congratulating the students of the 3rd and 4th
grades at the Bridport Central School on their reenactment of Ethan Allen’s
capture of Fort Ticonderoga.
H.C.R. 316.
By Representatives Tracy of Burlington and Hingtgen of Burlington,
House concurrent resolution congratulating David Ely II of Troop #648 in
Burlington upon earning the rank of Eagle Scout.
H.C.R. 317.
By Representative Waite of Pawlet,
House concurrent resolution congratulating Matt Edmonds of Troop #324 in
Pawlet upon earning the rank of Eagle Scout.
H.C.R. 318.
By Representatives Hall of Newport City, Johnson of Canaan, Kilmartin of
Newport City, Rodgers of Glover, Shaw of Derby, Sheltra of Derby and Starr
of Troy,
House concurrent resolution honoring Bruce Chesney on his retirement
from the North Country Career Center.
[The full text of the House Concurrent Resolutions appeared in the Senate
Calendar Addendum for Thursday, May 13, 2004, and will appear in the
volume of the Public Acts and Resolves to be published for this session of the
sixty-seventh biennial session of the Vermont General Assembly.]
Adjournment
On motion of Senator Welch, the Senate adjourned, to reconvene on
Tuesday, May 18, 2004, at two o’clock in the afternoon pursuant to J.R.S. 66.