Wednesday, March 15, 2006 343
Journal of the Senate
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Wednesday, March 15, 2006
The Senate was called to order by the President pro tempore.
Devotional Exercises
Devotional exercises were conducted by the Reverend Craig Thompson of Barre.
Message from the House No. 46
A message was received from the House of Representatives by Mr. MaGill, its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has passed bills of the following titles:
H. 701. An act relating to ancient roads to be known as identified corridors.
H. 766. An act relating to real estate transfer pursuant to strict foreclosure not voidable as fraudulent conveyance.
H. 861. An act relating to health care affordability for Vermonters.
In the passage of which the concurrence of the Senate is requested.
Bill Referred to Committee on Appropriations
S. 262.
Senate bill of the following title, appearing on the Calendar for notice and carrying an appropriation or requiring the expenditure of funds, under the rule was referred to the Committee on Appropriations:
An act relating to expanding employer access to applicants’ criminal history records.
Bills Referred
House bills of the following titles were severally read the first time and referred:
H. 701.
An act relating to ancient roads to be known as identified corridors.
To the Committee on Government Operations.
H. 766.
An act relating to real estate transfer pursuant to strict foreclosure not voidable as fraudulent conveyance.
To the Committee on Judiciary.
H. 861.
An act relating to health care affordability for Vermonters.
To the Committee on Health and Welfare.
Joint Resolution Placed on Calendar
J.R.S. 59.
Joint Senate resolution of the following title was offered, read the first time and is as follows:
By Senator Dunne,
J.R.S. 59. Joint resolution urging Congress to continue funding AmeriCorps*NCCC (National Civilian Community Corps).
Whereas, AmeriCorps is a program of the Corporation for National and Community Service (CCNS) designed to enable Americans of all ages and backgrounds to give back to their nation through a commitment to national service, and
Whereas, an essential component of the AmeriCorps triad of national service programs, which also includes AmeriCorps*Vista and AmeriCorps*State and National, is AmeriCorps*NCCC, and
Whereas, AmeriCorps*NCCC’s mission is “to strengthen communities and develop leaders through direct, team-based national and community service,” and
Whereas, AmeriCorps*NCCC is modeled on the New Deal’s Civilian Conservation Corps and the United States military, and it is premised “on the belief that civic responsibility is an inherent duty of all citizens,” and
Whereas, five regional campus located in Perry Point, Maryland; Denver, Colorado; Washington, D.C.; Charleston, South Carolina; and Sacramento, California, serve as home base for the volunteers who must make an intensive 10-month commitment, and
Whereas, volunteers are assigned to teams, and after completing their training, the teams are sent to work on intensive short-term projects within their regions under the auspices of local and national nonprofit organizations, schools, municipalities, national and state parks, and Indian tribes, and
Whereas, the team projects include tutoring students, constructing and rehabilitating low-income housing, responding to natural disasters, cleaning up streams, helping communities develop emergency plans, and addressing many other community needs, and
Whereas, in announcing the 2007 CCNS budget, the President has proposed to eliminate AmeriCorps*NCCC, and
Whereas, this unwarranted budget cut would abandon a program that has brought untold benefits to communities across the country and enabled thousands of Americans to serve their nation in a most constructive manner, and
Whereas, although CCNS President David Eisner has indicated that the disaster response activities will be assumed in other CCNS programs, they were not designed to perform these critical tasks that are ideally suited for AmeriCorps*NCCC’s specially trained teams, and
Whereas, in Vermont, the Bennington-Rutland Opportunity Council, the Vermont Center for the Deaf and Hard of Hearing at the Austine School, ARC of Central Vermont and New Hampshire Valley, the City of Winooski, and the Vermont Department of Veterans’ Affairs have had teams assigned to their organizations, and
Whereas, another Vermont recipient of AmeriCorps*NCCC’s services has been Dream Program Incorporated, a nonprofit corporation for which AmeriCorps*NCCC volunteer teams have tutored and mentored youth, organized communities, and developed trails and major infrastructure facilities at its camp for low-income youngsters, and
Whereas, the story of AmeriCorps*NCCC can be retold by hundreds of other nonprofit organizations nationwide, and
Whereas, the continuation of AmeriCorps*NCCC is essential for both the beneficiaries and the volunteers who derive an especially meaningful life’s experience from their participation, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges Congress to continue funding at a reasonable level the AmeriCorps*NCCC program for 2007, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the President of the United States, to Corporation for National Service President David Eisner, and to the members of the Vermont Congressional delegation.
Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.
Bill Passed
Senate bill of the following title:
S. 124.
An act relating to a certificate of public good for extending the operating license of a nuclear power plant.
Was read the third time and passed on a roll call, Yeas 18, Nays 5.
Senator Dunne having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Campbell, Collins, Condos, Cummings, Doyle, Dunne, Gander, Giard, Kittell, Leddy, Lyons, MacDonald, Mazza, Sears, Shepard, Snelling, White.
Those Senators who voted in the negative were: Coppenrath, Maynard, Mullin, Scott, Wilton.
Those Senators absent or not voting were: Bartlett, Flanagan, Illuzzi, Kitchel, Miller, Starr, Welch (presiding).
Bills Passed
Senate bills of the following titles were severally read the third time and passed:
S. 182.
An act relating to advisement of immigration consequences of pleading guilty to a criminal offense.
S. 186.
An act relating to false reports to law enforcement officers.
Proposals of Amendment; Third Reading Ordered
H. 544.
Senator Condos, for the Committee on Government Operations, to which was referred House bill entitled:
An act relating to the process for locating and altering municipal lines.
Reported recommending that the Senate propose to the House to amend the bill as follows:
First: In Sec. 1, 24 V.S.A. § 1461(a), by striking out the third sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: Following the meetings, the legislative bodies shall conduct a, or ratify an existing, survey of the municipal line and file certified copies of the minutes of the meetings, the survey, and a list of property owners, the legal location of whose property is changed by the agreement with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.
Second: In Sec. 1, 24 V.S.A. § 1461(g), by striking out the word “subdivisions” and inserting in lieu thereof the word subsections
And that the bill ought to pass in concurrence with such proposals of amendment.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and pending the question, Shall the bill be read the third time?, Senator Condos moved that the Senate propose to the House to amend the bill as follows:
First: In Sec. 1, 24 V.S.A. § 1461(b)(2), after the second sentence, by inserting a new sentence to read as follows: Each legislative body of the adjoining municipalities shall post a notice of the petition to the general assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk’s office at least three weeks prior to filing the petition.
Second: In Sec. 1, 24 V.S.A. § 1461(c), after the second sentence, by inserting a new sentence to read as follows: Each legislative body of the adjoining municipalities shall post a notice of the petition to the general assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk’s office at least three weeks prior to filing the petition.
Which was agreed to.
Thereupon, the recurring question, Shall the bill be read the third time?, was agreed to.
Bills Amended; Third Readings Ordered
S. 198.
Senator Leddy, for the Committee on Judiciary, to which was referred Senate bill entitled:
An act relating to reporting medical errors and establishing a “Sorry Works!” program.
Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
This act may be referred to as the Vermont Sorry Works! and Medical Safety Act.
Sec. 2. 12 V.S.A. § 1912 is added to read:
§ 1912. EXPRESSION OF REGRET OR APOLOGY BY HEALTH CARE PROVIDER INADMISSIBLE
(a) An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.
(b) In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.
(c) As used in this section:
(1) “Health care facility” shall have the same meaning as in subdivision 9402(7) of Title 18.
(2) “Health care provider” shall have the same meaning as in subdivision 9402(8) of Title 18.
(d) The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.
Sec. 3. SORRY WORKS! PILOT PROGRAM
(a) For purposes of this section:
(1) “Commissioner” means the commissioner of banking, insurance, securities, and health care administration.
(2) “Department” means the department of banking, insurance, securities and health care administration.
(b) The Sorry Works! pilot program is established under the oversight of the commissioner. Any hospital that voluntarily chooses to participate shall be eligible for the program beginning on January 1, 2007. Hospitals may participate only with the approval of the hospital administration and the hospital's medical staff.
(c) Under the program, participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care that result in harm and promptly offer fair settlements. If a settlement is accepted, further litigation with respect to the mistake shall be prohibited. Participating hospitals shall provide to the patient written notification of the patient’s right to legal counsel. The notification shall include an affirmative declaration that no action was taken to dissuade a patient from using counsel for the negotiations. Participation in Sorry Works! shall toll the applicable statute of limitations in cases where such negotiations are unsuccessful.
(d) Participating hospitals shall report to the department their total costs for medical malpractice verdicts, settlements, and defense litigation for the preceding five years to enable the department to determine average costs for that hospital during that period. The department shall develop standards and protocols to compare costs for cases handled by traditional means and cases handled under the Sorry Works! program for purposes of reporting to the general assembly as to the financial impact of the program.
(e) The commissioner shall establish criteria for the program, including the criteria under which hospitals shall be selected to participate. The commissioner shall award grants to further the purposes of this pilot to participating hospitals. To be eligible to participate or to receive a grant, a hospital shall submit an application to the commissioner, who shall designate the form, time, and manner of the application. A program participant may withdraw from the program by notifying the commissioner.
(f) In consultation with hospitals, providers, and other interested parties,
the department shall adopt rules to implement the pilot program no later than October 1, 2006.
(g) The amount of $75,000.00 is appropriated from the general fund to the
department for grants authorized under this section.
(h) This pilot program shall sunset on June 30, 2009.
And that when so amended the bill ought to pass.
Senator Kitchel, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Judiciary with the following amendments thereto:
First: In Sec. 3, subsection (e) by striking out the second and third sentences in their entirety.
Second: In Sec. 3, by striking out subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
(g) The department shall initiate a dialogue with insurers and encourage them to participate in the Sorry Works! pilot program with any hospital that is willing to commit to the program. The department shall use all of the methods at its disposal to gain the participation of insurers necessary to enable hospitals to participate and the program to be implemented.
And that when so amended the bill ought to pass.
Senator Mazza Assumes the Chair
Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of amendment of the Committee on Judiciary was amended as recommended by the Committee on Appropriations.
Thereupon, the pending question, Shall the bill be amended as recommended by the Committee on Judiciary, as amended?, was decided in the affirmative on a roll call, Yeas 27, Nays 0.
Senator Campbell having demanded the yeas and nays, they were taken and are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Collins, Condos, Coppenrath, Cummings, Doyle, Gander, Giard, Illuzzi, Kitchel, Kittell, Leddy, Lyons, MacDonald, Maynard, Miller, Mullin, Scott, Sears, Shepard, Snelling, Starr, Welch, White, Wilton.