Senate Calendar
wednesday, march 12, 2003
64th DAY OF BIENNIAL SESSION
TABLE OF CONTENTS
Page No.
Action Calendar
S. 15 Juvenile justice legislative oversight committee........................................ 262
S. 61 Bonded debt for county courthouse repairs............................................ 264
Sen. Bloomer Amendment.......................................................... 264
S. 76 Medical marijuana................................................................................. 265 Judiciary Committee Report 265
Finance Committee Report...................................................... 272
Sen. Illuzzi Amendment............................................................ 272
Notice Calendar
S. 149 Educational assistance for national guard members............................... 273
ACTION CALENDAR
Second Reading
Favorable with Recommendation of Amendment
S. 15
An act relating to a juvenile justice legislative oversight committee.
Reported favorably with recommendation of amendment by Senator Sears for the Committee on Judiciary.
The Committee recommends that the bill be amended in Sec. 2, subsection (d) by striking out the following: “(3) The governor’s juvenile justice coordinator.” and inserting in lieu thereof the following:
(3) The state advisory group for juvenile justice delinquency prevention representative.
(Committee vote: 4-0-2)
Reported favorably with recommendation of amendment by Senator Ide for the Committee on Appropriations.
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. 3 V.S.A. § 3085c is amended to read:
§ 3085c. COMMISSION ON JUVENILE JUSTICE
* * *
(e)(1) A juvenile justice policy subcommittee is created within the
commission. The subcommittee shall be composed of the following members:
(A) the secretary of the agency of human services, who shall be the
chair;
(B) three representatives, who shall be appointed by the speaker of
the house;
(C) three senators, who shall be appointed by the committee on
committees;
(D) the secretary of the agency of administration;
(E) the defender general;
(F) a representative of the runaway youth coalition of Vermont;
(G) a representative of the Vermont parent child center
network;
(H) a representative of the Vermont coalition of
residential programs;
(I) a representative of the department of developmental and mental
health services’ designated community mental health centers;
(J) a representative of the Vermont center for crime
victim services;
(K) a representative of the state’s attorneys’ association;
(L) a representative from the judicial branch of state government;
and
(M) a representative from the police chiefs’ association.
(2) The subcommittee shall:
(A) Advise the commission on the development of a comprehensive
juvenile justice system.
(B) Hold monthly public meetings to determine how issues related to
juvenile justice are impacting Vermont communities.
(C) Coordinate with the children and family council for prevention
programs on the juvenile justice block grant budget and on any other federal
grants relating to juvenile justice.
(D) Report to the governor and the general assembly no later than
December 1 of each year. The report shall include an evaluation of the
strengths and weaknesses and successes and failures of the comprehensive juvenile
justice and youthful offender system; recommendations to improve the program;
and a detailed report on the development, implementation, and operation of the
program.
(E) Examine existing policy and, where needed, make policy
recommendations in at least the following areas: access to early care,
education and prevention; effective use of Vermont’s home
visiting and family support resources; provision of juvenile justice;
coordination of out‑of‑schooltime services; and efforts to
eradicate adolescent substance abuse.
(f) The departments of social and rehabilitation services and
of corrections agency of human services shall provide the commission
with administrative support.
(g)(f) The juvenile justice commission, the juvenile
justice policy subcommittee, the children and family council for prevention
programs, and the governor’s cabinet for children and youth shall coordinate
activities and, wherever possible, consolidate meetings to promote effective
and efficient uses of resources and to minimize duplication.
(g) Annually, the commission shall prepare a report of its findings and activities during the preceding year. The report shall include a detailed description of the progress made on the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system. On or before December 1 of each year the commission shall file its report with the governor, the general assembly, and the senate and house committees on judiciary, and make the report available to the public.
(Committee vote: 7-0-0)
S. 61
An act relating to bonded debt county courthouse repairs.
Reported favorably with recommendation of amendment by Senator Condos for the Committee on Government Operations.
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. CHITTENDEN COUNTY; SUBMISSION OF BOND ISSUE BY ASSISTANT JUDGES
Notwithstanding any provisions of 24 V.S.A. § 82 to the contrary, the assistant judges of Chittenden County may submit to the voters a proposition for incurring bonded indebtedness to finance improvements and repairs to the Chittenden County courthouse at any time subsequent to the 90th day following completion of preliminary construction plans and cost estimates.
Sec. 2. EFFECTIVE DATE
This act shall take effect upon passage.
(Committee vote: 6-0-0)
AMENDMENT TO S. 61 TO BE OFFERED BY SENATOR BLOOMER
Senator Bloomer moves to amend the bill by adding a new section to be numbered Sec. 2 to read as follows:
Sec. 2. RUTLAND COUNTY; BORROWING AUTHORIZED; ASSISTANT JUDGES
Notwithstanding any provisions of 24 V.S.A. § 82 to the contrary, the assistant judges of Rutland county may borrow a sum not to exceed $125,000.00 to pay for renovations and improvements to the county courthouse, including alterations necessary to ensure accessibility. Notes or other evidence of indebtedness not exceeding that amount, payable in not more than five years from the date of execution, may be issued by the county treasurer on behalf of the county of Rutland. All such notes or evidence of indebtedness shall contain on their face a statement of the purpose for which they are issued and of the authority conferred by this section and shall be evidence of the county’s liability to the bona fide holder of the instrument. The form, denominations, maturities, interest rates, and other terms, conditions, and details of the note or other evidence of indebtedness shall be determined by resolution of the assistant judges of Rutland county. Notes or other evidence of indebtedness issued under the provisions of this section shall be paid from county funds raised by taxation pursuant to 24 V.S.A. § 133.
and by renumbering the remaining section to be numerically correct.
S. 76
An act relating to the medical use of marijuana.
By the Committee on Health and Welfare, Senator Leddy for the Committee.
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)
Reported favorably with recommendation of amendment by Senator Gander for the Committee on Finance.
The Committee recommends that the recommendation of amendment of the Committee on Judiciary be amended in Sec. 2, 18 V.S.A. § 4472a(e), by striking out the figure “$50.00” and inserting in lieu thereof the figure $100.00
(Committee vote: 6-0-1)
RECOMMENDATION OF AMENDMENT OF THE COMMITTEE ON JUDICIARY 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; ADMINISTRATIVE SANCTIONS; RETENTION OF SEIZED 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 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.
NOTICE CALENDAR
Committee Bill for Notice
An act relating to educational assistance for national guard members.
By the Committee on Education.
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.
Jonathan Wood of Jeffersonville – Commissioner of the Department of Forests, Parks and Recreation – By Senator Lyons for the Committee on Natural Resources and Energy. (3/12)
Jeffrey N. Wennberg of Rutland – Commissioner of the Department of Environmental Conservation – By Senator Lyons for the Committee on Natural Resources and Energy. (3/12)
Steven M. Gold of Montpelier – Commissioner of the Department of Corrections – By Senator Illuzzi for the Committee on Institutions. (3/13)
Thomas W. Torti of Essex Junction – Commissioner of the Department of Buildings and General Services – By Senator Illuzzi for the Committee on Institutions. (3/13)
Wayne Alan Laroche of Franklin – Commissioner of the Department of Fish and Wildlife – By Senator Gossens for the Committee on Natural Resources and Energy. (3/13)
Susan Besio of Jericho – Commissioner of the Department of Developmental and Mental Health Services – By Senator Lyons for the Committee on Health and Welfare. (3/13)
Public Hearings
Thursday, March 27, 2003 – Room 11 – 7:00 P.M. – New Education Funding Law – House Committee on Ways and Means.
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:
91. Vermont Pesticide Advisory Council Annual Report. (March 2003).
92. Vermont Court Diversion Annual Report. (March 2002).
INFORMATION NOTICE
The following items were recently received by the Joint Fiscal Committee:
JFO #2090 - $212,122 grant from the Federal Emergency Management Agency (FEMA) to the Department of Public Safety, Emergency Management Division. These grant funds will be used to assist local government, state agencies and utilities in developing and coordinating response and recovery plans to catastrophic events and disasters; support updates to emergency operations plans for all hazards with special emphasis on weapons of mass destruction; and provide technical support in data collection and analysis. Joint Fiscal Committee approval is being requested for one (1) limited service sponsored position – Emergency Management Specialist – for the duration of the grant. [JFO received 03/05/03 ]
JFO #2091 - $300,000 grant from the National Association of State Directors of Special Education to the Department of Health, Division of Alcohol and Drug Abuse Programs. This three year grant will fund the development of an infrastructure for data collection pertaining to substance abuse treatment services to improve reporting of performance measures under the Substance Abuse Prevention and Treatment Block Grant. [JFO received 03/05/03]
JFO #2092 - $184,227 grant from the Federal Emergency Management Agency (FEMA) to the Department of Public Safety, Emergency Management Division. These grant funds will used to assist Local Emergency Planning Committees (LEPC) and develop Community Emergency Response Training (CERT) individuals and activities in each participating LEPC area. [JFO received 03/10/03]