Senate Calendar
friday, february 28, 2003
52nd DAY OF BIENNIAL SESSION
TABLE OF CONTENTS
Page No.
Action Calendar
Unfinished Business of Thursday, February 27, 2003
Second Reading
S. 12 Abandoned motor vehicles.................................................................... 229
New Business
Second Reading
H. 41 Assistant town clerks............................................................................ 233
H. 127 East Barre Fire District merger............................................................ 233
Notice Calendar
H. 100 Petroleum cleanup fund....................................................................... 233
Natural Resources and Energy Committee Report....................... 233
Finance Committee Report......................................................... 234
S. 76 Medical use of marijuana.................................................................... 234
Sen. Illuzzi amendment............................................................... 241
Joint Resolution for Introduction
J.R.H. 10 Joint Resolution in observance of Hunger Awareness Day........... 242
Consent Calendar
S.C.R. 8 Honoring Northfield Savings Bank.............................................. 243
H.C.R. 23 Town of Worcester Bicentennial................................................. 243
H.C.R. 24 Vermont Ice Storm football team................................................ 244
H.C.R. 25 Paul Whitney Chief of the South Royalton Fire Dept................... 244
H.C.R. 26 In memory of Clifford B. Harrington........................................... 244
H.C.R. 27 Honoring Norton Town Clerk Miriam Nelson............................. 244
H.C.R. 28 Observance of Black History Month........................................... 244
ACTION CALENDAR
Unfinished Business of Thursday, February 27, 2003
Second Reading
Favorable with Recommendation of Amendment
S. 12
An act relating to abandoned motor vehicles.
Reported favorably with recommendation of amendment by Senator Ide for the Committee on Transportation.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 23 V.S.A. chapter 21, subchapter 7 is added to read:
Subchapter 7. Abandoned Motor Vehicles
§ 2151. ABANDONED MOTOR VEHICLES; DEFINED
(a) For the purposes of this subchapter, an “abandoned motor vehicle” means:
(1) A motor vehicle that has remained on public or private property or on or along a highway without the consent of the owner or person in control of the property for more than 48 hours, and has a valid registration plate and identifiable vehicle identification number; or
(2) A motor vehicle that has remained on public or private property or on or along a highway without the consent of the owner or person in control of the property for any period of time if the vehicle does not have a valid registration plate or ascertainable vehicle identification number.
(b) Construction equipment. A vehicle or other equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which is left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be an abandoned motor vehicle.
§ 2152. AUTHORIZED REMOVAL OF Abandoned motor vehicles
(a) Public property. A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from public property, and may contact a towing service for removal of such motor vehicle, based upon personal observation by the officer that the vehicle is abandoned.
(b) Private property.
(1) A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from private property, and may contact a towing service for removal from private property of such vehicle, based upon complaint of the owner or agent of the property on which the vehicle is located that the vehicle is abandoned.
(2) An owner or agent of an owner of private property is authorized to remove or cause removal of an abandoned motor vehicle from that property, and may contact a towing service for removal from that property of an abandoned vehicle. If an owner or agent of an owner removes or causes removal of an abandoned motor vehicle, the owner or agent shall immediately notify the police agency in the jurisdiction from which the vehicle is removed. Notification shall include identification of the registration plate number, the vehicle identification number, make, model, and color of the vehicle. The owner or agent of an owner of property upon which a motor vehicle is abandoned may remove the vehicle from the place where it is discovered to any other place on any property owned by him or her, or cause the vehicle to be removed by a towing service under the provisions of this subsection, without incurring any civil liability to the owner of the abandoned vehicle.
§ 2153. ABANDONED MOTOR VEHICLE CERTIFICATION
(a) Within 30 days of removal of the vehicle, a towing service which has removed an abandoned motor vehicle shall apply to the department for an abandoned motor vehicle certification on forms supplied by the department of motor vehicles. An abandoned motor vehicle certification form shall indicate the date of removal, make, color, model, location found, and the name, address, and phone number of the towing service, and a certification of the vehicle identification number, if any, to be recorded by a law enforcement officer.
(b) Upon receipt of an abandoned motor vehicle certification form, the commissioner of motor vehicles shall attempt to identify and notify the owner of the vehicle as required by section 2154 of this title. If no owner can be determined by the commissioner within the time period allowed by section 2154, the commissioner shall issue a certificate of abandoned motor vehicle with appropriate title, salvage title, or both, and the vehicle may be disposed of in the manner set forth in section 2156 of this title.
§ 2154. IDENTIFICATION AND RECLAMATION OF ABANDONED MOTOR VEHICLES
(a) The department of motor vehicles shall make a reasonable attempt to locate the owner of an abandoned motor vehicle.
(1) If the abandoned motor vehicle is not identifiable by its registration plates or vehicle identification number, and if no owner can be determined within 21 days of the date of receipt of the abandoned motor vehicle certification form, the commissioner of motor vehicles shall issue a certificate of abandoned motor vehicle with an appropriate title or salvage title.
(2) If the abandoned motor vehicle is identifiable by its registration plates or vehicle identification number, the department of motor vehicles shall, within three business days of receipt of the form for certification of abandoned motor vehicle, send notice to the last known registered owner and lienholder of the vehicle. The notice shall be sent by certified mail, return receipt requested, and shall advise the last known registered owner of the motor vehicle’s location, and a telephone number where additional information about the motor vehicle may be obtained. If the receipt is not returned to the department within seven business days, the commissioner shall, by first class mail, send a second notice. Within 21 days of sending the second notice, the last known registered owner or lienholder may reclaim and retrieve the motor vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership, and paying or arranging to pay any fees or charges authorized by section 2155 of this title. If the last known registered owner or lienholder fails or refuses to reclaim the motor vehicle within 21 days of the second mailing, the commissioner of motor vehicles shall issue a certificate of abandoned motor vehicle with appropriate title or salvage title.
(b) An owner or lienholder may reclaim an abandoned motor vehicle by presenting to the department of motor vehicles satisfactory evidence of ownership, and paying or reimbursing, or making arrangements to pay or reimburse, the towing agency, the department of motor vehicles, or the owner or agent of private property, as the case may be, any towing fee or storage charges permitted under section 2155 of this title.
§ 2155. FEES AND CHARGES
(a) Towing fees.
(1) For towing an abandoned motor vehicle from public property, a towing service may charge a fee of $50.00, which shall be paid by the department to the towing service upon the issuance by the department of a certificate of abandoned motor vehicle under section 2156 of this title. The commissioner of motor vehicles shall notify the commissioner of finance and management who shall issue payment to the towing service for vehicles removed from public property.
(2) For towing an abandoned motor vehicle from private property, a towing service may charge a reasonable fee to be paid by the owner or agent of the owner of the private property.
(b) Storage charges. In addition to any towing fee, an owner or lienholder reclaiming an abandoned motor vehicle may be charged and shall pay a fee for the costs of storage of the vehicle, except that no fee may be charged for storage for any period preceding the date upon which the form for abandoned motor vehicle certification is sent by the towing service to the department of motor vehicles.
§ 2156. DISPOSAL OF ABANDONED MOTOR VEHICLES
(a) If the commissioner issues the certificate of abandoned motor vehicle, title to the motor vehicle shall escheat to the state, free from all claims of the owner or prior holder of the motor vehicle, and of all persons claiming through or under the owner or prior holder. The commissioner shall issue an appropriate title or salvage title to any purchaser of the motor vehicle, at no charge.
(b) Except for intentionally inflicted damage or gross negligence, neither the state nor any of its agents or employees shall be liable to the owner for any damage to the motor vehicle during the period in which the state retains custody.
§ 2157. MUNICIPAL ENFORCEMENT
The provisions of this subchapter shall not preempt any municipal abandoned motor vehicle ordinance.
Sec. 2. 24 V.S.A. § 2241(1) is amended to read:
For the purposes of this subchapter:
(1)
“Abandoned” means a motor vehicle without claimed ownership for thirty days
as defined in 23 V.S.A. § 2151.
Sec. 3. REPEAL
24 V.S.A. § 2272(d) (agency of transportation taking possession of abandoned motor vehicle) is repealed.
Sec. 4. 32 V.S.A. § 8911(18) is amended to read:
The tax imposed by this chapter shall not apply to:
* * *
(18) motor
vehicles which have escheated to the state pursuant to section 2272 of Title
24 when subsequently transferred by the agency of transportation 2156 of
Title 23;
Sec. 5. APPROPRIATION
There is appropriated in fiscal year 2004, the amount of $5,000.00 from the transportation fund to the department of motor vehicles for the purposes of this act.
(Committee vote: 6-0-0)
Reported favorably by Senator Ide for the Committee on Appropriations.
(Committee vote: 7-0-0)
NEW BUSINESS
Second Reading
Favorable
H. 41
An act relating to assistant town clerks.
Reported favorably by Senator White for the Committee on Government Operations.
(Committee vote: 5-0-1)
(For House amendments, see House Journal for February 18, 2003, page 172)
H. 127
An act relating to the merger of East Barre Fire District No. 1 into the Town of Barre.
Reported favorably by Senator Cummings for the Committee on Government Operations.
(Committee vote: 6-0-0)
((No House amendments)
NOTICE CALENDAR
Favorable
H. 100
An act relating to an act relating to extending the petroleum cleanup fund.
Reported favorably by Senator Scott for the Committee on Natural Resources and Energy.
(Committee vote: 5-1-0)
Reported favorably by Senator Shepard for the Committee on Finance.
(Committee vote: 7-0-0)
(No House amendments)
Committee Bill for Notice
S. 76
An act relating to the medical use of marijuana.
By the Committee on Health and Welfare.
Reported favorably with recommendation of amendment by Senator Leddy for the Committee on Judiciary, upon commitment.
The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
(a) Modern medical research has discovered a beneficial use for marijuana in alleviating the pain or other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences Institute of Medicine in March 1999 and in the report from the Vermont Medical Marijuana Study Committee, dated December 2002.
(b) The general assembly would prefer for the federal government to permit marijuana to be prescribed by physicians and to be dispensed at pharmacies. However, the general assembly finds that the federal government has shown no indication that it will change federal policy with regard to medical marijuana, as evidenced by the federal government’s reluctance to allow even FDA‑approved clinical trials to move forward.
(c) According to the United States Sentencing Commission and the Federal Bureau of Investigation, more than 99 out of every 100 marijuana arrests are made under state law, rather than under federal law. Consequently, the general assembly finds that changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.
(d) Although federal law expressly prohibits the use of marijuana, the general assembly recognizes that the laws of Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, and Washington permit the medical use and cultivation of marijuana. The general assembly intends to join in this effort for the health and welfare of its citizens. However, the general assembly does not intend to make marijuana legally available for other than medical purposes.
(e) The general assembly recognizes that it will remain illegal to sell marijuana and marijuana seeds even if the medical use of marijuana is permitted. Patients will be forced to procure medical marijuana illegally until the federal government removes marijuana from its list of schedule I substances or allows states to permit the medical use of marijuana without violating federal law.
(f) The general assembly finds that state law should make a distinction between the medical and nonmedical use of marijuana. Hence, the purpose of this act is to ensure that physicians are not penalized for discussing marijuana as a treatment option with their patients, and that seriously ill people who engage in the medical use of marijuana are not arrested or incarcerated for limited medical use of marijuana.
Sec. 2. 18 V.S.A. chapter 86 is amended to read:
CHAPTER 86. THERAPEUTIC USE OF CANNABIS
Subchapter 1. Research Program
§ 4471. Cannabis therapeutic research program; establishment; participation
* * *
Subchapter 2. Medical Marijuana
§ 4472. DEFINITIONS
For the purposes of this subchapter:
(1) “Bona fide physician-patient relationship” means a physician has completed a full assessment of the registered patient’s medical history and current medical condition, including a personal physical examination.
(2) “Debilitating medical condition” means:
(A) cancer, glaucoma, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or
(B) a life threatening, progressive, and debilitating disease or medical condition or its treatment that produces severe, persistent, and intractable symptoms such as: cachexia or wasting syndrome; severe pain; severe nausea; or seizures.
(3) “Marijuana” shall have the same meaning as provided in subdivision 4201(15) of this title.
(4) “Medical marijuana possession limit” means the amount of marijuana collectively possessed between the registered patient and the patient’s registered caregiver which is no more than three mature marijuana plants, four immature marijuana plants, and two ounces of marijuana.
(5) “Medical use” means the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a registered patient’s debilitating medical condition which is in compliance with all the limitations and restrictions of this subchapter. For the purposes of “medical use,” the term “transfer” is limited to the transfer of marijuana and paraphernalia between a registered caregiver and a registered patient.
(6) “Physician” means a person who is licensed under chapter 23 or chapter 33 of Title 26, and is licensed with authority to prescribe drugs under Title 26.
(7) “Registered caregiver” means a person who is at least 18 years old who has never been convicted of a drug-related crime and who has agreed to undertake responsibility for managing the well-being of a registered patient with respect to the medical use of marijuana.
(8) “Registered patient” means a person who has been issued a medical marijuana registration card by the department of health authorizing the use of marijuana for medical purposes, pursuant to the provisions of this subchapter.
(9) “Secure indoor facility” means a building or room equipped with locks or other security devices that permit access only to a person lawfully cultivating or possessing marijuana under this chapter.
§ 4472a. QUALIFICATION STANDARDS AND PROCEDURES
(a) To become a registered patient, a person must be diagnosed with a debilitating medical condition by a physician in the course of a bona fide physician-patient relationship.
(b) The department of health shall review applications to become a registered patient using the following procedures:
(1) A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department. The application shall require identification and contact information for the patient and the patient’s registered caregiver applying for authorization under subsection 4472a(c) of this title, if any. The applicant shall attach to the application a copy of relevant portions of the patient’s medical record identifying the patient’s debilitating medical condition and documenting the physician’s assessment that medical care of the debilitating condition might benefit from medical marijuana use.
(2) The department shall contact the physician for purposes of verifying the existence of a bona fide physician-patient relationship and the accuracy of the medical record.
(3) The department shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. If the application is approved, the department shall issue the applicant a medical marijuana registration card which shall include the registered patient’s name and photograph, as well as a unique identifier for law enforcement verification purposes under section 4472c of this title.
(4)(A) The medical marijuana program review board is established. The medical practice board shall appoint three physicians licensed in Vermont to constitute the medical marijuana program review board. If an application under subdivision (1) of this subsection is denied, within seven days the patient may appeal the denial to a member of the medical marijuana program review board selected by the patient. Review by the physician hearing the appeal shall be limited to information submitted by the patient under subdivision (1) of this subsection, and consultation with the patient’s treating physician. All records relating to the appeal shall be kept confidential.
(B) Members of the board shall serve for three‑year terms, beginning February 1 of the year in which the appointment is made, except that the first members appointed shall serve as follows: one for a term of two years, one for a term of three years, and one for a term of four years. Members shall be entitled to per diem compensation authorized under section 1010 of Title 32. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.
(c)(1) A person may submit a signed application to the department of health to become a registered patient’s registered caregiver. The department shall approve or deny the application in writing within 30 days. The department shall approve a registered caregiver’s application and issue the person an authorization card, including the caregiver’s name, photograph, and a unique identifier, after verifying:
(A) the person will serve as the registered caregiver for one registered patient only; and
(B) the person has never been convicted of a drug‑related crime.
(2)(A) The department shall obtain from the Vermont criminal information center a Vermont criminal record, an out‑of‑state criminal record, and a criminal record from the Federal Bureau of Investigation for any person applying to become a registered patient’s registered caregiver who has given written authorization on a release form prescribed by the center. The center shall develop release forms for this purpose which shall be substantially similar to the release forms developed by the center pursuant to section 2056c of Title 20. The department shall file a user’s agreement with the center which shall require the department to comply with all federal and state statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center.
(B) For purposes of this subdivision, “criminal record” means a record of whether the person has ever been convicted of a drug-related crime.
(C) The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the department of health that no record exists.
(D) The department of health shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center.
(E) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.
(d) A registered caregiver may only serve one registered patient at a time, and a registered patient may only have one registered caregiver at a time.
(e) The department shall establish a fee for the medical marijuana registration card not to exceed $50.00. The fees received by the department shall be deposited into a medical marijuana registration fee fund and used to offset the costs incurred by the department in carrying out the provisions of this subchapter. To ensure that registration fees received by the department are adequate to offset the cost of regulation, the commissioner of health shall review the fee from time to time and present proposed fee changes to the general assembly.
(f) A medical marijuana registration card shall expire one year after the date of issue, with the option of renewal, provided the patient submits a new application which is approved by the department of health, pursuant to subsection (b) of this section, and pays the fee required under subsection (e) of this section.
§ 4472b. PROHIBITIONS, RESTRICTIONS, AND LIMITATIONS REGARDING THE MEDICAL USE OF MARIJUANA
(a) The authorization for the medical use of marijuana in this subchapter shall not apply to:
(1) Being under the influence of marijuana while:
(A) operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power;
(B) in a workplace or place of employment; or
(C) operating heavy machinery or handling a dangerous instrumentality.
(2) The use or possession of marijuana by a registered patient or a registered caregiver:
(A) for purposes other than medical use permitted by this subchapter; or
(B) in a manner that endangers the health or well-being of another person.
(3) The smoking of marijuana in any public place, including:
(A) a school bus, public bus, or other public vehicle;
(B) a workplace or place of employment;
(C) any school grounds;
(D) any correctional facility; or
(E) any public park, public beach, public recreation center, or youth center.
(b) This chapter shall not be construed to require that coverage or reimbursement for the medical use of marijuana be provided by:
(1) a health insurer as defined by subdivision 9402(7) of this title, or any insurance company regulated under Title 8;
(2) an employer; or
(3) for purposes of worker’s compensation, an employer as defined in subdivision 601(3) of Title 21.
(c) A registered patient or registered caregiver may elect to grow marijuana solely for medical use by the patient or the registered caregiver’s designated patient under this chapter only if the marijuana is cultivated in a secure indoor facility.
(d) A registered patient or registered caregiver may not transport medical marijuana in public unless it is secured in a locked container.
(e) Within 72 hours after the death of a registered patient, the registered caregiver shall return to the department of public safety for disposal any marijuana or marijuana plants in the possession of the patient or registered caregiver at the time of the patient’s death.
(f) Notwithstanding any law to the contrary, a person who knowingly gives to any law enforcement officer false information relating to the medical use of marijuana to avoid arrest or prosecution shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. This penalty shall be in addition to any other penalties that may apply for the nonmedical use of marijuana.
§ 4472c. LAW ENFORCEMENT VERIFICATION OF INFORMATION
(a)(1) The department of health shall maintain and keep confidential, except as provided in subdivision (2) of this subsection and except for purposes of a prosecution for false swearing under section 2904 of Title 13, the records of all persons registered under this subchapter as medical marijuana patients or registered caregivers in a secure database accessible by authorized department of health employees only.
(2) In response to a person-specific or property-specific inquiry by a law enforcement officer or agency made in the course of a bona fide investigation or prosecution, the department may verify the identities and registered property addresses of the registered patient and the patient’s registered caregiver.
(b) The department shall maintain a separate secure electronic database accessible to law enforcement personnel 24 hours a day that uses a unique identifier system to allow law enforcement to verify that person is a registered patient or registered caregiver.
§ 4472d. EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES; SEIZURE OF PROPERTY
(a) A person who has in his or her possession a valid medical marijuana patient registration card or a caregiver authorization card and who is in compliance with the requirements of this subchapter, including the possession limits in subdivision 4472(5) of this title, shall be exempt from arrest or prosecution under subsection 4230(a) of Title 18.
(b) A physician who has made an assessment under subdivision 4472a(b)(1) of this title shall not be subject to arrest, prosecution, or disciplinary action under chapter 23 of Title 26, penalized in any manner, or denied any right or privilege under state law in connection with a patient’s use of medical marijuana under the provisions of this subchapter.
(c) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under this subchapter.
(d) A law enforcement officer shall not be required to return marijuana seized from a registered patient or registered caregiver.
Sec. 3. EFFECTIVE DATE; IMPLEMENTATION; FORMS
(a) This act shall take effect on passage.
(b) The department of health shall implement the requirements of this act within 90 days of its effective date. If necessary to implement this act, the department may adopt emergency rules under section 844 of Title 3.
(c) The department of health shall develop forms to assist with the implementation of this act.
(Committee vote: 5-1-0)
AMENDMENT TO S. 76 TO BE OFFERED BY SENATOR ILLUZZI
Senator Illuzzi moves to amend the recommendation of amendment of the Committee on Judiciary in Sec. 2, 18 V.S.A. by striking out §4472d in its entirety and inserting in lieu thereof the following:
§ 4472d. CRIMINAL ENFORCEMENT AND ADMINISTRATIVE PENALTIES; SEIZURE OF PROPERTY
(a) A person who has in his or her possession a valid medical marijuana patient registration card or a caregiver authorization card and who is in compliance with the requirements of this subchapter, including the possession limits in subdivision 4472(5) of this title, shall not be charged or prosecuted under subsection 4230(a) of Title 18 if a state’s attorney, in his or her discretion, believes it was possessed for a medical use.
(b) Dismissal of criminal prosecution by court. The district court may, pursuant to Rule 48(b)(2) of the Vermont Rules of Criminal Procedure, dismiss a prosecution under subsection 4230(a) of Title 18 if the court determines, based on available information, that the person charged had in his or her possession a valid marijuana patient registration card or a caregiver authorization card and was in compliance with the requirements of this subchapter.
(c) A physician who has made an assessment under subdivision 4472a(b)(1) of this title shall not be subject to arrest, prosecution, or disciplinary action under chapter 23 of Title 26, penalized in any manner, or denied any right or privilege under state law in connection with a patient’s use of medical marijuana under the provisions of this subchapter.
(d) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under this subchapter.
(e) A law enforcement officer shall not be required to return marijuana seized from a registered patient or registered caregiver.
Joint House Resolution to be Introduced
J.R.H. 10
Joint resolution in observance of Hunger Awareness Day.
By Representatives Dostis and others,
Whereas, February 27 is Hunger Awareness Day, and
Whereas, according to U.S. Census data, 26,000 Vermont children are living in households where food scarcity and hunger are daily struggles, and
Whereas, the demand for emergency food, particularly among working families and seniors, continues to rise beyond the capacity of local food pantries, and
Whereas, if every school participated in the federal school meal programs and offered free and reduced price breakfast and lunch, a child would be guaranteed at least two nutritious meals a day when school is in session, and
Whereas, if every community offered the federally‑funded Summer Food Service Program, 40,000 children eligible for free meals would have a reliable food source during the summer months, and
Whereas, over 83,000 Vermonters live at or below 130 percent of the federal poverty level and may qualify for food stamps, yet only 40,000 Vermonters receive food stamp benefits, and
Whereas, if every eligible Vermonter participated in the Food Stamp Program, millions of dollars from the federal government would flow to needy families who could purchase food at their local grocery stores, and
Whereas, undernourished children fare poorly in health, learning, growth, and development, and
Whereas, hunger and malnutrition are preventable, and
Whereas, Vermont has the tools to end hunger but does not fully utilize existing federal resources, now therefore be it
Resolved by the Senate and House of Representatives:
That it is in the best interest of Vermonters to maximize the use of federal nutrition programs, and for the state to create partnerships with the private sector and businesses to ensure these programs are both available and accessible to Vermont’s children, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont Campaign to End Childhood Hunger, the Vermont Foodbank, the Vermont School Food Service Association, and the Northfield Kids’ Café.
(Adopted by House, February 27, 2003)
CONSENT CALENDAR
Concurrent Resolutions for Adoption Under Joint Rule 16
The following joint concurrent resolutions will be adopted automatically unless a Senator requests floor consideration before the end of today’s legislative session. Requests for floor consideration should be communicated to the Secretary’s office or to a member of the staff of the Secretary’s office.
S.C.R. 8.
Senate concurrent resolution honoring the Northfield Savings Bank on the occasion of the financial institution's 135th anniversary.
H.C.R. 23
House concurrent resolution congratulating the town of Worcester on the occasion of its bicentennial observance.
H.C.R. 24
House concurrent resolution congratulating the Vermont Ice Storm football team on winning the 2002 New England Football League’s North Atlantic AA Conference championship.
H.C.R. 25
House concurrent resolution congratulating Paul Whitney on his public service as a member and Chief of the South Royalton Fire Department.
H.C.R. 26
House concurrent resolution in memory of Clifford B. Harrington.
H.C.R. 27
House concurrent resolution honoring Norton Town Clerk Miriam Nelson on her retirement after her historic 53-year tenure and recognizing her family’s 118 years of continuous municipal public service on behalf of the citizens of Norton.
H.C.R. 28
House concurrent resolution commemorating the observance of Black History Month.
CONFIRMATIONS
The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.
Anne Ginevan of Middlebury – Commissioner of the Department of Employment and Training – By Senator Dunne for the Committee on General Affairs and Housing. (3/11)
Kevin Dorn of Essex Junction – Secretary of the Agency of Commerce and Community Development – By Senator Greenwood for the Committee on General Affairs and Housing. (3/11)
Bruce Hyde of Granville – Commissioner of the Department of Tourism and Marketing – By Senator Miller for the Committee on General Affairs and Housing. (3/11)
John Hall of St. Johnsbury – Commissioner of the Department of Housing and Community Affairs – By Senator Munt for the Committee on General Affairs and Housing. (3/11)
Michael Bertrand of Montpelier – Commissioner of the Department of Labor land Industry – By Senator Greenwood for the Committee on General Affairs and Housing. (3/11)
REPORTS ON FILE
Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:
89. Juvenile Justice Commission Report. (February 2003). (Agency of Human Services, Juvenile Justice Commission and the Juvenile Justice Policy Subcommittee).
90. Outcome Based Planning, State Partners and Local Communities Working Together to Improve the Well-Being of All Vermonters. (February 2003). (VT State Team for Children, Families, and Individuals).
Senate Appropriations Committee
Public Hearing on FY 2004 Budget – Vermont Interactive Television
Monday, March 17, 2003, 5:15 pm to 8:15 pm
The Senate Appropriations Committee will hold a public hearing on Vermont Interactive Television. The purpose of the hearing is to give Vermont citizens throughout the State an opportunity to express their views about the State’s fiscal year 2004 budget. Thirteen (13) V.I.T. site locations will be used for the hearing: Bennington, Brattleboro, Castleton, Colchester, Johnson, Lyndonville, Middlebury, Newport, Randolph Center, Rutland, St. Albans, Springfield and Waterbury. An up-to-date location listing, including directions and telephone numbers can be accessed via the VIT web site: www.vitlink.org
For further information regarding this hearing, contact Rebecca Buck in the Legislative Fiscal Office at 802/828-5969. Requests for captioning should be made to Ms. Buck at the Legislative Fiscal Office no later than 4:00 P.M. on Monday, March 10.
INFORMATION NOTICE
The following item was recently received by the Joint Fiscal Committee:
JFO #2089 – $2,900 grant from the City of St. Albans to the Department of Public Safety. These grant funds are available through Franklin County’s collaborative domestic violence grant (Grant to Encourage Arrest—GTEA) and will be used to cover the cost of overtime for police officers participation in domestic violence training. [JFO received 02/25/03 ]