The Senate was called to order by the President.
Devotional Exercises
Devotional exercises were conducted by the Reverend Wayne Jones of Northfield.
The President then led the members of the Senate in the Pledge of Allegiance.
Message from the House
A message was received from the House of Representatives by Mr. Smith, its Second Assistant Clerk, as follows:
Madam President:
I am directed to inform the Senate the House has adopted Joint Resolutions of the following titles:
J.R.H. 92. Joint resolution relating to the Green Mountain Boys of the Vermont National Guard.
J.R.H. 99. Joint resolution relating to the use of the State House for the Vermont Literacy Conference.
In the adoption of which the concurrence of the Senate is requested.
Bills Referred
Senate bills of the following titles, appearing on the Calendar for notice, and carrying appropriations, under the rule, were severally referred to the Committee on Appropriations:
S. 90. An act relating to the custody of a child or adolescent with a severe emotional disturbance.
S. 188. An act relating to a commission on restructuring state government.
S. 305. An act relating to rehabilitation or replacement of state and town highway bridges.
S. 342. An act relating to state aid for school construction.
House bill of the following title, appearing on the Calendar for notice, and affecting the revenue of the state, under the rule, was referred to the Committee on Finance:
H. 681. An act relating to sale of state property in Duxbury and Moretown.
Joint Resolution Referred
Joint resolution originating in the House of the following title was read the first time and is as follows:
J.R.H. 92. Joint resolution relating to the Green Mountain Boys of the Vermont National Guard.
Whereas, Benning Wentworth, the first Royal Governor of New Hampshire, had been told by leading governmental officials in London that in light of New Hampshire's duty to protect Fort Dummer, the colony could lay claim to lands west of the Connecticut River, and
Whereas, based on these legal assurances Governor Wentworth proceeded to issue his first grant for the town of Bennington in 1749, and
Whereas, this was the first of many grants that Wentworth either issued or confirmed consequently sparking an influx of independent-minded homesteaders into the valleys and plateaus of the Green Mountains, and
Whereas, so agitated was the colonial government of New York that its increasingly vociferous complaints to London resulted in King George III's issuance of the Royal Proclamation of July 20, 1764, that declared New York's eastern border to be at the Connecticut River, and
Whereas, the infuriated settlers who had migrated to the Green Mountains, based on the authority of the Wentworth Grants, were staunchly determined to remain in the future Vermont, and
Whereas, on June 28, 1770, Ethan Allen, the political and spiritual forefather of Vermont, unsuccessfully defended, before a hardly impartial New York Court, the legal rights of squatters residing in Shaftsbury who claimed that they held a valid Wentworth grant, and
Whereas, Allen shortly thereafter convened a meeting at Fay's Tavern in Bennington that led to the formation of an unauthorized citizen militia dubbed the AGreen Mountain Boys,@ and
Whereas, although Ethan Allen would periodically redefine his personal political philosophy, the fundamental justification for the Green Mountain Boys' existence, namely, to defend the legal legitimacy and property rights of the grants' settlers never abated, and
Whereas, meeting in convention at Bennington, shortly after the Battle of Bunker Hill, the Green Mountain Boys’ five years of self-styled protective defensive measures against the Yorkers were put aside as this highly unorthodox militia became the yet-to-be named territory's first official fighting force, and
Whereas, this ragtag ever-changing brigade would emerge after the Revolutionary War as the foundation of Vermont's own state militia now officially known as the Vermont National Guard, and
Whereas, members of the 13th, 14th and 16th regiments of the 2nd Vermont Brigade, who were fondly known as the Green Mountain Boys, were called upon by the Commander of the Potomac, General George Gordon Meade, to reenforce the Union line at Cemetery Ridge during a crucial moment of the Battle of Gettysburg, and
Whereas, the lengthy list of military accomplishments by units, that were referred to as the Green Mountain Boys over the last 200 years, is undisputed and recognized internationally, and
Whereas, the Green Mountain Boys’ distinctive name is recognized by all military organizations as a proud and an unstoppable force when given a mission, and
Whereas, the name Green Mountain Boys still has a very special, and profound, historical meaning for the members of the Vermont National Guard, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly strongly urges that the Vermont National Guard retain the name Green Mountain Boys as a proud and historic appellation that has served Vermonters well for over two centuries, and be it further
RESOLVED: That the Secretary of State be directed to send a copy of this resolution to Governor Howard Dean and to the Adjutant General of the Vermont National Guard.
Thereupon, the President, in her discretion, treated the joint resolution as a bill and it was referred to the Committee on General Affairs and Housing.
Joint Resolution Adopted in Concurrence
Joint resolution originating in the House of the following title was read and adopted in concurrence and is as follows:
J.R.H. 99. Joint resolution relating to the use of the State House for the Vermont Literacy Conference.
Whereas, literacy is essential for an individual to achieve a productive economic livelihood, and
Whereas, literacy is an absolute prerequisite to cultural enrichment and satisfaction, and
Whereas, the large number of functionally-illiterate adults is a serious societal problem that must be eliminated, and
Whereas, innovative educational techniques combined with dedicated literacy volunteers together form a vital partnership in eradicating the dreaded ailment of illiteracy, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the Sergeant-at-Arms shall make available the chambers of the State House for the Vermont Literacy Conference on Saturday, September 28, 1996, from 8:00 a.m. to 5:00 p.m.
Third Reading Ordered
Senate committee bill entitled:
S. 344. An act relating to the regulation of packaging containing heavy metals.
Having appeared on the Calendar for notice for one day, was taken up.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.
Bill Ordered to Lie
Senate bill entitled:
S. 275. An act relating to disclosure of liability insurance limits prior to commencement of litigation.
Was taken up.
Thereupon, pending the reading of the report of the Committee on Judiciary, on motion of Senator Webster, the bill was ordered to lie.
Bill Amended; Third Reading Ordered
Senator Sweetser, for the Committee on Judiciary, to which was referred Senate bill entitled:
S. 6. An act relating to a DNA data bank.
Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 20 V.S.A. chapter 113, subchapter 4 is added to read:
Subchapter 4. DNA Database and Databank
§ 1931. POLICY
It is the policy of this state to assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of violent crimes. Identification, detection and exclusion may be facilitated by the DNA analysis of biological evidence left by the perpetrator of a violent crime and recovered from the crime scene. The DNA analysis of biological evidence can also be used to identify missing persons.
§ 1932. DEFINITIONS
As used in this subchapter:
(1) "CODIS" means the FBI's national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term "CODIS" is derived from Combined DNA Index System.
(2) "Department" means the department of public safety.
(3) "DNA" means deoxyribonucleic acid. DNA encodes genetic information that is the basis of human heredity and forensic identification.
(4) "DNA record" means DNA identification information stored in the state DNA database or CODIS. A DNA record is the result obtained from the DNA typing tests and is referred to as the DNA profile of an individual.
(5) "DNA sample" means a tissue sample provided by any person convicted of violent crime or submitted to the laboratory for analysis pursuant to a criminal investigation. The DNA sample may be blood or other tissue type specified by the department.
(6) "FBI" means the Federal Bureau of Investigation.
(7) "Laboratory" means the department of public safety forensic laboratory. The laboratory’s general authority under this act includes specifying procedures for collection and storage of DNA samples.
(8) "Population database" means anonymous DNA records used to assist statistical evaluation.
(9) "State DNA database" means the laboratory DNA identification record system. The state DNA database is a collection of the DNA records related to forensic casework, convicted offenders required to provide a DNA sample under this subchapter, and anonymous DNA records used for protocol development or quality control.
(10) "State DNA databank" means the repository of DNA samples collected and maintained under the provisions of this subchapter.
(11) "Violent crime" means any of the following offenses:
(A) arson causing death as defined in section 501 of Title 13;
(B) assault and robbery with a dangerous weapon as defined in subsection 608(b) of Title 13;
(C) assault and robbery causing bodily injury as defined in subsection 608(c) of Title 13;
(D) aggravated assault as defined in section 1024 of Title 13;
(E) murder as defined in section 2301 of Title 13;
(F) manslaughter as defined in section 2304 of Title 13;
(G) kidnapping as defined in section 2405 of Title 13 or its predecessor as it was defined in section 2401 of Title 13;
(H) maiming as defined in section 2701 of Title 13;
(I) sexual assault as defined in subdivision 3252(a)(1) or (2) of Title 13 or its predecessor as it was defined in section 3201 of Title 13;
(J) aggravated sexual assault as defined in section 3253 of Title 13;
(K) first degree unlawful restraint as defined in section 2407 of Title 13;
(L) first degree aggravated domestic assault as defined in section 1043 of Title 13 where the defendant causes serious bodily injury to another person;
(M) lewd or lascivious conduct with a child as defined in section 2602 of Title 13 where the child is under the age of 13 years and the defendant is 18 years of age or older.
§ 1933. DNA SAMPLE REQUIRED
(a) The following persons shall submit a DNA sample:
(1) every person convicted in a court in this state of a violent crime on or after July 1, 1996; and
(2) every person who was convicted in a court in this state of a violent crime prior to July 1, 1996 and is confined under the custody of the commissioner of corrections on July 1, 1996, or is on parole subject to the supervision and control of the commissioner of corrections on July 1, 1996.
(b) The DNA sample shall be collected or taken at the receiving correctional facility or at such other place designated by the commissioner of corrections.
(c) Samples from persons who are not sentenced to a term of imprisonment shall be collected or taken at a time and place specified by the commissioner of corrections.
§ 1934. LEAST INTRUSIVE MEANS OF COLLECTION
(a) The DNA sample shall be obtained by the least intrusive means available to obtain a scientifically-reliable sample as determined by the department.
(b) If the DNA sample is a blood sample, only a physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist may withdraw a blood sample for the purpose of this subchapter.
§ 1935. PROCEDURE IF PERSON REFUSES TO GIVE SAMPLE
(a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the department may petition the district court for an order requiring the person to provide the sample.
(b) The person who refuses to provide a DNA sample shall be served with a copy of the department’s petition and shall be entitled to be heard by the court, present witnesses and cross-examine the department’s witnesses.
(c) If the court finds that the person who refused to provide a DNA sample is a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order requiring the person to provide the DNA sample in accordance with the provisions of this subchapter and requiring the person to pay the cost of obtaining the sample as determined by the commissioner of corrections. The court’s order shall also specify the manner in which the DNA sample shall be collected and may authorize law enforcement and correctional personnel to employ reasonable force to collect the DNA sample. No such employee or health care professional shall be criminally or civilly liable for the use of reasonable force.
(d) If the court finds that the person who refused to provide a DNA sample is not a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order relieving the person of the obligation to provide a DNA sample.
(e) The hearing on the department’s petition shall be held not more than 15 days after the petition is filed with the court.
(f) Appeals from the district court may be taken to the Vermont supreme court pursuant to the Vermont Rules of Appellate Procedure. An order requiring the provision of a DNA sample shall not be stayed pending appeal of the order. If the supreme court reverses a determination that a DNA sample shall be provided, the department shall expunge the DNA sample and DNA record as provided in section 1940 of this subchapter.
§ 1936. LIMITATION OF LIABILITY FOR COLLECTION OF DNA SAMPLES
No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recognized medical procedures. However, no person shall be relieved from liability for negligence in withdrawing of a DNA sample.
§ 1937. AUTHORIZED ANALYSIS OF DNA SAMPLES
Analysis of DNA samples is authorized:
(1) to type the genetic markers from DNA samples for law enforcement identification purposes; and
(2) for protocol development and administrative purposes, including:
(A) development of a population database when personal identifying information is removed;
(B) to support identification protocol development of forensic DNA analysis methods;
(C) for quality control purposes; and
(D) to assist in the identification of human remains.
§ 1938. STORAGE AND USE OF SAMPLES AND RECORDS
(a) A DNA sample obtained pursuant to section 1934 of this subchapter shall be used only for the purposes authorized in section 1937 of this subchapter.
(b) The tissue, fluid, or other substance from which the DNA is extracted shall be used only for DNA analysis.
(c) Only DNA samples obtained pursuant to section 1934 of this subchapter shall be stored in the state DNA databank.
(d) Only DNA records derived from DNA samples that were obtained pursuant to section 1934 of this subchapter shall be stored in the DNA database.
§ 1939. POPULATION DATABASE
(a) The DNA record derived from the DNA samples obtained under this subchapter may be used to develop a population database after all personal identification information is removed.
(b) Nothing shall prohibit the laboratory from sharing or disseminating population databases with other law enforcement agencies, crime laboratories that serve them, or other third parties whom the laboratory deems necessary to assist the laboratory with statistical analysis of the laboratory's population databases. The population database may be made available to other agencies participating in CODIS.
§ 1940. EXPUNGEMENT OF RECORDS AND DESTRUCTION OF SAMPLES
If a person’s conviction of a violent crime is reversed and the case is dismissed, the person's DNA record in the state DNA database and CODIS and the person's DNA sample in the state databank shall be removed and destroyed. The laboratory shall purge the DNA record and all other identifiable information from the state DNA database and CODIS and destroy the DNA sample stored in the state DNA databank. If the person has more than one entry in the state DNA database, CODIS, or the state DNA databank, only the entry related to the dismissed case shall be deleted.
§ 1941. CONFIDENTIALITY OF RECORDS
(a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential.
(b) DNA records shall not be used for any purpose other than to facilitate personal identification of an offender; provided that in appropriate circumstances such records may be used to identify missing persons.
(c) Any person who intentionally violates this section shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
§ 1942. ADOPTION OF RULES AND GUIDELINES
(a) The department shall adopt rules governing the procedures to be used in the collection, submission, identification, analysis and storage of DNA samples and the DNA record of DNA samples submitted under this subchapter.
(b) The department shall adopt rules governing the methods of obtaining information from the state database and CODIS, and procedures for verification of the identity and authority of the requester.
(c) The department shall also adopt guidelines to ensure that DNA identification records meet relevant audit standards for forensic DNA laboratories. The laboratory procedures shall include the implementation of DNA quality assurance and proficiency-testing standards issued by the FBI director.
Sec. 2. REPORTS
On January 15, 1998, the commissioners of the departments of corrections and public safety shall submit a report to the Senate and House Committees on Judiciary. The report shall address any problems that public safety personnel, judicial officers, court system administrators, corrections personnel, and attorneys for the state and defense encountered in implementing section 1935 of Title 20. The report shall include copies of any trial court or supreme court written decisions, orders, administrative rules, or legislative proposals involving section 1935 of Title 20.
On January 15, 2001, the commissioners of the departments of corrections and public safety shall submit a report on the implementation of this act to the Senate and House Committees on Judiciary. The report shall address the following:
(1) The steps that were taken to enforce this act;
(2) The number of DNA samples taken and the costs incurred;
(3) Any problems that public safety personnel, judicial officers, court system administrators, corrections personnel, and attorneys for the state and defense encountered in implementing this act;
(4) Copies of any trial court or supreme court decisions, orders, administrative rules, or legislative proposals involving this act;
(5) Any changes in technology that would apply to DNA analysis of biological evidence and collection of DNA samples; and
(6) Any recommended changes to the law.
Sec. 3. SPECIAL APPROPRIATION PROHIBITED
No special appropriation shall be made for the purposes of this act. Monies required to implement this act shall be paid out of the existing budget of the department of public safety.
And that when so amended the bill ought to pass.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.
Bill Amended; Third Reading Ordered
Senator Canns, for the Committee on Natural Resources and Energy, to which was referred Senate bill entitled:
S. 318. An act relating to the nature and extent of offenses that may disqualify a person from being a waste management professional.
Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 10 V.S.A. § 6605f is amended to read:
§ 6605f. WASTE MANAGEMENT PERSONNEL BACKGROUND REVIEW
(a) Disqualifying criteria. Any nongovernmental entity or person applying for a certification under sections 6605, 6605a or 6606 of this title, for interim certification under section 6605b of this title, for a waste transportation permit under section 6607a of this title, or under rules adopted under section 6607 of this title shall be denied certification or other authorization unless both of the following findings are made:
(1) A finding that the applicant and any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section have not been convicted of any of the following disqualifying offenses in this or any other jurisdiction within the 10 years immediately preceding the date of the application:
* * *
(O) the criminal provisions of any federal or state environmental protection laws or rules relating to solid waste, except for a single misdemeanor of which the person was convicted before July 1, 1994;
* * *
And that when so amended the bill ought to pass.
Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.
Proposals of Amendment; Third Reading Ordered
Senator Riehle, for the Committee on General Affairs and Housing, to which was referred joint House resolution entitled:
J.R.H. 76. Joint resolution relating to Gulf War Veterans’ Syndrome.
Reported recommending that the Senate propose to the House to amend the joint resolution as follows:
First: By striking out the second Resolved clause in its entirety and inserting in lieu thereof the following:
RESOLVED: That the Presidential Advisory Commission on Gulf War Veterans’ Illnesses recommend to the President of the United States that the United States Department of Veterans’ Affairs be required to provide medical services to treat symptoms for all veterans who suffer from Gulf War Veterans’ Syndrome, and be it further
Second: By adding a new third Resolved clause to read as follows:
RESOLVED: That the President of the United States recommend to Congress that sufficient medical research funds be appropriated to find the causes and a cure for Gulf War Syndrome, and be it further
Third: In the final Resolved clause by inserting after the following: AVermont Congressional delegation,@ the following: the chairs of the United States Senate Veterans’ Committee and of the Personnel Subcommittee of the United States House Committee on National Security,
And that the joint resolution ought to be adopted in concurrence with such proposals of amendment.
Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the joint resolution was ordered.
Appointments Confirmed
The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred:
The nomination of
LEON C. GRAVES
of Fairfield, as Commissioner of the Department of Agriculture, Food and Markets, for a term from and including June 15, 1995, to February 28, 1997, and until his successor is appointed and has qualified.
Was confirmed by the Senate.
The nomination of
RODNEY COPELAND
of Waterbury, as Commissioner of the Department of Mental Health and Mental Retardation, for a term from and including June 21, 1995, to February 28, 1997, and until his successor is appointed and has qualified.
Was confirmed by the Senate.
Appointments Confirmed
Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Webster, 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:
The nomination of
PHYLLIS CHASE
of Calais, as a Member of the Sustainable Jobs Fund Board of Directors, for a term from and including September 1, 1995, to August 31, 1996, and until her successor is appointed and has qualified.
Was confirmed by the Senate.
The nomination of
HOLLY HITCHCOCK
of Castleton, as a Member of the Children and Family Council for Prevention Programs, for a term from and including October 30, 1995, to September 30, 1996, and until her successor is appointed and has qualified.
Was confirmed by the Senate.
The nomination of
PHILIP A. GODDARD, JR.
of Morrisville, as a Member of the Board of Medical Practice, for a term from and including July 1, 1995, to June 30, 1998, and until his successor is appointed and has qualified.
Was confirmed by the Senate.
The nomination of
PAUL CLEMONS
of Peacham, as a Member of the Board of Radiological Technology, for a term from and including July 6, 1995, to June 30, 1998, and until his successor is appointed and has qualified.
Was confirmed by the Senate.
The nomination of
MICHAEL GUERRA
of South Burlington, as a Member of the Board of Medical Practice, for a term from and including March 27, 1995, to January 31, 1997, and until his successor is appointed and has qualified.
Was confirmed by the Senate.
Adjournment
On motion of Senator Webster, the Senate adjourned until one o’clock and thirty minutes in the afternoon on Wednesday, February 28, 1996.