Tuesday, January 6, 20041
Journal of the Senate
of the
STATE OF VERMONT
ADJOURNED SESSION, 2004
______
Tuesday, January 6, 2004
Pursuant to the provisions of the 2003 final adjournment joint resolution of the two Houses (J.R.S. 37), the Senate convened at the State House at Montpelier, on Tuesday, the sixth day of January, two thousand four.
At ten o’clock in the forenoon, Eastern Standard Time, the Senate was called to order by the President, Lieutenant Governor Brian E Dubie.
Devotional Exercises
Devotional exercises were conducted by the Reverend David M. Hall of Montpelier.
Pledge of Allegiance
Dan Cohen, 2003 Boy’s State Lieutenant Governor then led the members of the Senate in the Pledge of Allegiance.
Rules Suspended
On motion of Senator Welch, the rules were suspended and the Senate bills for introduction today will be read the first time by number only.
Joint Resolutions Adopted on the Part of the Senate
Joint Senate resolutions of the following titles were offered, read and adopted on the part of the Senate, and are as follows:
By Senator Welch,
J.R.S. 38. Joint resolution to provide for a Joint Assembly to receive the State-of-the-State message from the Governor.
Resolved by the Senate and House of Representatives:
That the two Houses meet in Joint Assembly on Tuesday, January 6, 2004, at two o’clock in the afternoon to receive the State-of-the-State message from the Governor.
By Senator Welch,
J.R.S. 39. Joint resolution relating to Town Meeting adjournment.
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, February 27, 2004, or Saturday, February 28, 2004, it be to meet again no later than Tuesday, March9, 2004.
Joint Resolution Referred
J.R.S. 40.
Joint Senate resolution of the following title was offered, read the first time and is as follows:
By Senators Leddy and Welch,
J.R.S. 40. Joint resolution urging Governor James Douglas to establish a drug reimportation program for the state of Vermont.
Whereas, the price of prescription drugs continues to escalate, and
Whereas, it is an undisputed fact that the same prescription drugs are sold in Canada for far less for this important, and often life-saving, commodity, and
Whereas many Vermonters have been purchasing prescription drugs in Canada as part of organized bus excursions and more recently through the purchase of reimported drugs via the internet, and
Whereas, in July 2003, the U.S. House of Representatives voted 243-186 in favor of facilitating prescription drug reimportation on the national level, and
Whereas, even with this documented and substantial bipartisan support for drug reimportation, the recently enacted federal Medicare legislation seeks to place federal barriers in the way of Vermonters, and all Americans, purchasing these far less expensive, but medically equivalent, prescription drugs from Canada, and
Whereas, despite the federal efforts to impede the reimportation of prescription drugs and the expanding lobbying efforts of the Pharmaceutical Research and Manufacturers of America to prohibit the practice, a growing number of municipalities and states are exploring the establishment of reimportation programs to lower their prescription drug costs, and
Whereas, the city of Springfield, Massachusetts, has created a program in which the municipality’s employees and retirees, and their dependents, can fax prescription orders to a group of Ontario pharmacies and receive their medications in the mail, and
Whereas, in an effort to reduce the municipality’s annual $750,000.00 bill for these purchases, the city of Burlington is following Springfield’s example and establishing its own reimportation program for the prescription drug needs of its insureds, and
Whereas, the mayors of both Boston and New York City have publicly stated an interest in establishing similar plans for their municipalities’ workers, and
Whereas, on the state level, the governors of Illinois, Michigan, Ohio, West Virginia, and Wisconsin, have each established a task force to explore prescription drug reimportation options, and
Whereas, the Minnesota plan, the most advanced to date, proposes the establishment of a state website which would direct Minnesotans to stateapproved Canadian pharmacies and offer financial incentives to state employees who purchase their prescriptions through the website, and
Whereas, in response to public safety concerns, the Minnesota plan would rely on licensed Canadian physicians and pharmacists to assure that purchasers would be purchasing medically reliable and safe prescription drugs, and
Whereas, Vermont’s state employees, retirees, and their dependents, and all Vermonters, would greatly benefit from the establishment of an official Vermont prescription drug reimportation program, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges Governor James Douglas to establish a Vermont prescription drug reimportation program which will include necessary public health safeguards and provide much needed financial relief to prescription drug purchasers, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Governor James Douglas.
Thereupon, the President, in his discretion, treated the joint resolution as a bill and referred it to the Committee on Health and Welfare.
Joint Resolution Referred
J.R.H. 28.
Joint resolution originating in the House of the following title was read the first time and is as follows:
Joint resolution relating to final adjournment.
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Thursday, June 19, 2003, it be to meet again no later than 10:00 a.m. on Tuesday, January 6, 2004.
Thereupon, in the discretion of the President, under Rule 51, the joint resolution was treated as a bill and referred to the Committee on Rules.
Senate Resolution Referred
S.R. 16.
Senate resolution of the following title was offered, read the first time and is as follows:
By Senator Maynard,
S.R. 16. Senate resolution to include tourism within the name of the Senate Committee on Economic Development, Housing and General Affairs.
Whereas, inasmuch as tourism is an essential and integral component of the state’s economy, and
Whereas, issues relating thereto are explicitly assigned to and are the responsibility of the Senate Committee on Economic Development, Housing and General Affairs, and
Whereas, the title of the committee should be amended to reflect the economic importance of tourism, and
Whereas, the Senate Rules should be amended accordingly, now therefore be it
Resolved by the Senate:
That Rule 24 of the Rules of the Senate be amended to read:
24. At the beginning of each biennial session the following standing committees shall be appointed:
* * *
A committee on Economic Development, Tourism, Housing, and General Affairs, of six members, to whom shall be referred matters relating to economic development, commerce, and community development, including tourism and marketing, promotion of the arts, and film activities; matters relating to labor, including unemployment and workers’ compensation insurance; matters relating to housing; matters relating to liquor and tobacco control; matters relating to lotteries; and all matters relating to subjects for which there is no other appropriate committee.
* * *
Thereupon, the President, in his discretion, treated the Senate resolution as a bill and referred it to the Committee on Rules.
Message from the Governor
Appointments Referred
A message was received from the Governor, by Neale Lunderville, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated:
Paul L. Reiber of Chittenden–Associate Justice of the Supreme Court, - from October 17, 2003, to March 31, 2005.
To the Committee on Judiciary.
Robin S. Siss of Underhill - Commissioner of the Department of Information and Innovation, - from August 11, 2003, to February 28, 2005.
To the Committee on Government Operations.
John M. Hall of East Burke - Commissioner of the Department of Prevention, Assistance, Transition and Health Access, - from September 8, 2003, to February 28, 2005.
To the Committee on Health and Welfare.
Thomas Pelham of Montpelier–Commissioner of the Department of Taxes, - from September 3, 2003, to February 28, 2005.
To the Committee on Finance.
Albert Pearce, Jr. of Richford - Member of the CommunityHigh School of Vermont Board, - from August 4, 2003, to February 28, 2005.
To the Committee on Education.
Dwight A. Davis of East Burke - Member of the CommunityHigh School of Vermont Board, - from July 28, 2003, to February 28, 2005.
To the Committee on Education.
Don Messier of Jericho - Member of the CommunityHigh School of Vermont Board, - from July 24, 2003, to February 28, 2006.
To the Committee on Education.
Wilma Paronto of Windsor - Member of the CommunityHigh School of Vermont Board, - from July 24, 2003, to February 28, 2006.
To the Committee on Education.
David Mulholland of Westminster - Member of the CommunityHigh School of Vermont Board, - from July 24, 2003, to February 28, 2006.
To the Committee on Education.
Kathleen O’Dell of Waterbury - Member of the CommunityHigh School of Vermont Board, - from July 25, 2003, to February 28, 2005.
To the Committee on Education.
Laurel Butler of Colchester - Member of the CommunityHigh School of Vermont Board, - from August 26, 2003, to February 29, 2004.
To the Committee on Education.
Richard Fraser of South Ryegate - Member of the Community High School of Vermont Board, - from November 14, 2003, to February 29, 2004.
To the Committee on Education.
Marissa Cormier of Colchester - Member of the State Board of Education, - from July 8, 2003, to June 30, 2005.
To the Committee on Education.
Charles Bucknam of East Hardwick - Member of the Vermont State Colleges Board of Trustees, - from May 16, 2003, to February 28, 2009.
To the Committee on Education.
William Corrow of Williamstown - Member of the State Board of Education, - from May 22, 2003, to February 28, 2009.
To the Committee on Education.
Fred V. Peet of South Burlington - Member of the Vermont State Housing Authority, - from July 21, 2003, to February 28, 2008.
To the Committee on Economic Development, Housing and General Affairs.
Allen Robinson of Burlington - Member of the VermontState Housing Authority, - from July 14, 2003, to February 28, 2008.
To the Committee on Economic Development, Housing and General Affairs.
Caryn Feinberg of Shelburne - Member of the VermontState Housing Authority, - from July 14, 2003, to February 28, 2008.
To the Committee on Economic Development, Housing and General Affairs.
Thomas Scala of Brattleboro - Member of the Vermont Lottery Commission, - from July 1, 2003, to June 20, 2006.
To the Committee on Economic Development, Housing and General Affairs.
Virginia Barry of Barre - Member of the Vermont Lottery Commission, - from July 1, 2003, to June 30, 2006.
To the Committee on Economic Development, Housing and General Affairs.
John Zampieri of South Ryegate - Member of the Labor Relations Board, - from July 1, 2003, to June 30, 2009.
To the Committee on Economic Development, Housing and General Affairs.
James Postma of Burlington - Member of the Valuation Appeals Board, - from August 6, 2003, to February 1, 2006.
To the Committee on Finance.
John M. Lindley, III of Montpelier - Member of the Public Oversight Commission, - from July 27, 2003, to July 25, 2005.
To the Committee on Health and Welfare.
Marcia Biondolillo of Barre - Member of the Public Oversight Commission, - from July 26, 2003, to July 25, 2006.
To the Committee on Health and Welfare.
Kitty LaBarge of South Hero - Member of the Public Oversight Commission, - from September 26, 2003, to February 28, 2006.
To the Committee on Health and Welfare.
Gregory J. MacDonald, M.D. of East Montpelier - Member of the Vermont Tobacco Evaluation and Review Board, - from June 27, 2003, to January 31, 2006.
To the Committee on Health and Welfare.
Grant Bush of Shelburne - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 17, 2003, to February 28, 2006.
To the Committee on Natural Resources and Energy.
Edward J. Tyler, III of St. Albans - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 7, 2003, to February 28, 2006.
To the Committee on Natural Resources and Energy.
Peter Kreisel of Colchester- Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 3, 2003, to February 28, 2006.
To the Committee on Natural Resources and Energy.
Roland Hoerr, III of Colchester - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 3, 2003, to February 28, 2006.
To the Committee on Natural Resources and Energy.
W. William Martinez of Rutland–Alternate member of the Environmental Board, - from May 29, 2003, to January 31, 2007.
To the Committee on Natural Resources and Energy.
Gregory A. Rainville of St. Albans–Alternate member of the Environmental Board, - from September 24, 2003, to February 28, 2007.
To the Committee on Natural Resources and Energy.
Lawrence Dupont of North Hero - Member of the Vermont Citizens Advisory Committee on Lake Champlain’s Future, - from November 17, 2003, to February 28, 2006.
To the Committee on Natural Resources and Energy.
Susan Davis of Shelburne - Member of the Travel Information Council, - from October 22, 2003, to February 28, 2005.
To the Committee on Transportation.
Henry Holmes of Bethel - Member of the Public Oversight Commission, - from July 7, 2003, to February 28, 2005.
To the Committee on Health and Welfare.
Blanche Kelley of Rutland - Member of the CommunityHigh School of Vermont Board, - from August 6, 2003, to February 29, 2004.
To the Committee on Education.
John J. Murray, M.D. of Colchester - Member of the Board of Medical Practice, - from January 1, 2004, to December 31, 2008.
To the Committee on Health and Welfare.
Toby Sadkin, M.D. of St. Albans - Member of the Board of Medical Practice, - from January 1, 2004, to December 31, 2008.
To the Committee on Health and Welfare.
Joseph Sutton of Middlebury - Member of the Travel Information Council, - from December 29, 2003, to February 29, 2004.
To the Committee on Transportation.
Hilton H. Dier, Jr. of Middlebury - Member of the Human Services Board, - from October 26, 2003, to February 28, 2009.
To the Committee on Health and Welfare.
Dana Kittell of East Fairfield - Member of the Fish and Wildlife Board, - from October 1, 2003, to February 28, 2007.
To the Committee on Natural Resources and Energy.
Florence Young of Montpelier - Member of the Board of Medical Practice, - from January 1, 2004, to December 31, 2008.
To the Committee on Health and Welfare.
Proposed Amendments to the Constitution Introduced
The Proposed Amendment to the Constitution of the State of Vermont designated as Proposal 5 was introduced, read the first time and referred:
By Senators Shepard and Mayo,
PROPOSAL 5
Sec. 1. PURPOSE
The purpose of this amendment is as follows:
(1) To affirm the equality and necessity of both genders in marriage and society.
(2) To ensure that the State of Vermont does not recognize marriage between more than two persons.
(3) To ensure that the State of Vermont does not recognize marriage between fewer than two persons.
(4) To affirm that marriage as the union of one man and one woman (“husband and wife”) has unique and irreplaceable benefits for both children and society.
(5) To affirm that Vermont’s interest in retaining the traditional definition of marriage as an opposite sex institution includes the creation of the next generation of Vermont citizens and encouraging the nurturing of these children in the family form most likely to benefit them: a married family with both a mother’s and a father’s care, reinforcing for men the importance of fulfilling their responsibilities to children and to women, and by offering both male and female role models sharing family responsibilities.
(6) To affirm the critical role of the married family as a fundamental building block of a stable society. Social science has affirmed that with increased family fragmentation come increases in crime, welfare dependency, child poverty, education failure, suicide, mental and physical illness, child abuse, domestic violence, and other costly social and personal tragedies.
(7) To help ensure that the democratic process is not overrun by judicial activism; that our most basic social institutions reflect the values and aspirations of the people of Vermont.
Sec. 2. Chapter I, Article 22nd of the Vermont Constitution is added to read:
Article 22nd. [MARRIAGE]
Marriage in this State shall consist only of the union of a man and a woman. This constitution shall not be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
Sec. 3. EFFECTIVE DATE
Once ratified and adopted by the people of this state in accordance with the provisions of chapter 32 of Title 17, the provisions of this amendment shall become a part of the Vermont Constitution as of the first Tuesday next after the first Monday of November in the year in which the amendment is adopted by the people.
To the Committee on Judiciary.
The Proposed Amendment to the Constitution of the State of Vermont designated as Proposal 6 was introduced, read the first time and referred:
By Senator Shepard,
PROPOSAL 6
Sec. 1. Sec. 77 of Chapter II of the Vermont Constitution is added to read:
§ 77. [REVENUE LIMITATION; TAXPAYER REBATE; TAX INCREASES; VOTER REFERENDUM]
The aggregate tax revenues, exclusive of user and license fees, that the state collects from its taxpayers shall not exceed the amount of revenue collected in fiscal year 2006, adjusted by the estimated growth in the state's population and by the change in the value of the dollar in the prior calendar year.
Whenever in any fiscal year revenues exceed the limit, after filling stabilization reserve funds to not more than five percent of the estimated fund expenditures for that fiscal year, the excess revenue shall be returned promptly to the taxpayers in such manner as the general assembly shall determine.
Any act of the general assembly that includes an increase in the rates for individual income, corporate income, business machine, rooms and meals, sales and use, motor vehicle purchase and use, property transfer, land gains, telecommunications, or education property taxes shall take effect only when ratified by a majority of the voters voting on the question in the next ensuing biennial general election.
The general assembly shall, in the 2007 session, enact legislation to implement this amendment.
Any group of one hundred voters of the state shall have standingto petition a Superior Court for a declaratory judgment that the general
assembly has failed to comply adequately with the requirements of this section. If the judgment is granted, it shall be accompanied by an order of mandamus to be served upon the appropriate state official, instructing that officer to refuse to authorize or make any payment of legislative pay and allowances for which legislators may become eligible after the date of the judgment. The judgment shall remain in effect until the court determines, upon good and sufficient evidence, that the requirements of this section have been met. The Superior and Supreme Courts shall expedite any action brought under this section. Any curtailment of legislative compensation pursuant to this section shall not constitute a violation of Section 61.
Sec. 2. EFFECTIVE DATE
Once ratified and adopted by the people of the state in accordance with the provisions of chapter 32 of Title 17, the provisions of this amendment shall become a part of the Vermont Constitution as of January 1, 2007.