Senate Calendar

thursday, march 2, 2006

59th DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

UNFINISHED BUSINESS OF TUESDAY, FEBRUARY 28, 2006

Second Reading

Favorable with Proposal of Amendment

H. 544    Relating to the process for locating and altering municipal lines........... 464

                  Government Operations Committee Report.................................... 464

NEW BUSINESS

Third Reading

S. 51       Relating to disability retirement benefits for state employees............... 464

S. 188     Financial literacy & asset building of low income Vermonters............. 464

S. 310     Common sense initiatives in health care.............................................. 464

                  Sen. Illuzzi amendment................................................................... 465

H. 665    Permitting tastings of alcoholic beverages at Vermont events.............. 468

Second Reading

Favorable with Recommendation of Amendment

S. 106     Beverage container handler’s fee....................................................... 468

                  Economic Dev., Housing & Gen. Affairs Committee Report........... 468

                  Finance Committee Report............................................................ 469

                  Appropriations Committee Report................................................. 472

Favorable with Proposal of Amendment

H. 237    Relating to emergency contraception................................................. 473

                  Health and Welfare Committee Report........................................... 473

NOTICE CALENDAR

Favorable

S. 111     Relating to prior service credit for teachers........................................ 473

                  Government Operations Committee Report.................................... 473

S. 212     Relating to the radiological emergency response plan......................... 474                              Government Operations Committee Report......................................................................... 474


Favorable with Recommendation of Amendment

S. 186     Relating to false reports to law enforcement officers........................... 474

                  Judiciary Committee Report........................................................... 474

S. 198     Reporting medical errors & establishing a sorry works program......... 474

                  Judiciary Committee Report........................................................... 474

                  Appropriations Committee Report................................................. 477

S. 256     Relating to sexual exploitation of an inmate........................................ 477

                  Judiciary Committee Report........................................................... 477

ORDERED TO LIE

S. 112     Relating to the practice of optometry................................................. 478

S. 157     Relating to rulemaking for Vermont origin.......................................... 478

CONSENT CALENDAR

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to March 2, 2006 Calendar)

SCR 53   Recognizing Robert E. Miller for his contributions to Vermont........... 102

SCR 54   Richard Cassidy on 50 years service as Highgate town moderator.... 103

HCR 244 Peter Miller Burlington Free Press’s Vermonter of the Year............. 104

HCR 245 Honoring Vermont Youth Orchestra................................................ 106

HCR 246 Honoring Woodford Town Clerk Aileen C. O’Neil......................... 107

HCR 247 Vermont Guard Family Readiness Volunteer Day............................ 110

HCR 248 Allethaire (Gussie) Goodrum on her 80th birthday............................ 111

HCR 249 Recognizing retiring Weston town moderator Sam Lloyd.................. 112

HCR 250 David Hamilton for civic service to town of Jamaica......................... 113

HCR 251 Bruce Chapin civic service to town of Jamaica................................. 114

HCR 252 Raymond Landman of civic service to town of Jamaica.................... 115

HCR 253 Designating March 2006 as National Social Work Month in VT...... 115

HCR 254 Congratulating the Peace Corps on its 45th anniversary.................... 117


 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF TUESDAY, FEBRUARY 28, 2006

Second Reading

Favorable with Proposal of Amendment

H. 544

An act relating to the process for locating and altering municipal lines.

Reported favorably with recommendation of proposal of amendment by Senator Condos for the Committee on Government Operations.

The Committee recommends that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, 24 V.S.A. § 1461(a), by striking out the third sentence in its entirety and inserting in lieu thereof a new sentence to read as follows: “Following the meetings, the legislative bodies shall conduct a, or ratify an existing, survey of the municipal line and file certified copies of the minutes of the meetings, the survey, and a list of property owners, the legal location of whose property is changed by the agreement with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.

Second:  In Sec. 1, 24 V.S.A. § 1461(g), by striking out the word “subdivisions” and inserting in lieu thereof the word subsections

(Committee Vote: 6-0-0)

(For House amendments, see House Journal for May 25, 2005, page 1376.)

NEW BUSINESS

Third Reading

S. 51

An act relating to disability retirement benefits for state employees.

S. 188

An act relating to the financial literacy and asset building of low income Vermonters.

S. 310

An act relating to common sense initiatives.

AMENDMENT TO S. 310 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the bill by striking out Sec. 29 in its entirety and inserting in lieu thereof a new Sec. 29 to read as follows:

Sec. 29.  18  V.S.A. chapter 107, subchapter 3 is added to read:

Subchapter 3.  Rights of Family Members

§ 5226.  Definitions

For purposes of this subchapter:

(1)  “Estranged” means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that demonstrates an absence of affection, trust, and regard for the decedent.

(2)  “Near relative” means the individuals listed in subdivisions 5227(a)(2)-(5) of this title.

(3)  “Right to disposition” means to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services.

§ 5227.  RIGHT TO DISPOSITION

(a)  In the following order of priority, a competent adult shall have the right to determine the disposition of the remains of a decedent, including the location, manner and conditions of disposition and arrangements for funeral goods and services:

(1)  an agent appointed to direct the manner of disposition of decedent’s remains in an advance directive pursuant to chapter 231 of  this title;

(2)  a surviving spouse, civil union partner, or reciprocal beneficiary as defined in section 1302 of Title 15 of the decedent;

(3)  a sole surviving child of the decedent or a majority of the surviving children except as provided for in subdivision (b)(1) of this section;

(4)  a sole surviving parent of the decedent or either parent as provided for in subdivision (b)(2) of this section;

(5)  a sole surviving sibling of the decedent or a majority of the surviving siblings except as provided for in subdivision (b)(3) of this section;

(6)  any other family member, in descending order of kinship under the laws of descent and distribution, except that if there is more than one family member of the same degree of relation, any family member of that degree may exercise the right of disposition;

(7)  a guardian of the decedent at the time of death; or

(8)  any other individual willing to assume the responsibilities to act and arrange the final disposition of the decedent’s remains, including the representative of the decedent’s estate or the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to contact the individuals under subdivisions (1) through (7) of this section.

(b)(1)  If there is more than one surviving child of the decedent and the majority of the children are unable to be contacted, less than a majority of the surviving children may make the decisions if they have made reasonable efforts to contact all other surviving children, notified them of the proposed instructions and do not know of any opposition to those instructions.

(2)  If one parent is unable to be contacted, the remaining parent may make the decision if that parent has made reasonable efforts to contact or locate the other parent.

(3)  If there is more than one surviving sibling of the decedent and the majority of the siblings are unable to be contacted, less than a majority of the surviving siblings may make the decisions if they have made reasonable efforts to contact all other surviving siblings, notified them of the proposed instructions and do not know of any opposition to those instructions.

§ 5228.  Forfeiture

An individual recognized under section 5226 of this title to have a right of disposition of a decedent’s remains shall forfeit that right in the following circumstances:

(1)  the individual is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the prosecution is known to the funeral director, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime, the individual shall regain the right;

(2)  the individual does not exercise the right of disposition within three days of notification of the death or within five days of decedent’s time of death, whichever is earlier; or

(3)  the probate court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death.

§ 5229.  COST OF DISPOSITION

The cost for the disposition of remains and funeral goods or services shall be borne by the decedent’s estate or any individual who agrees to pay the costs. Nothing in this subchapter shall be construed to require a funeral director or crematory operator to provide goods or services for which there is no payment. 

§ 5230.  RIGHTS OF FUNERAL DIRECTOR OR CREMATORY OPERATOR

A funeral director may determine the final disposition of remains and may file a civil action to recover reasonable costs and fees for the final disposition when:

(1)(A)  the funeral director or crematory operator has actual knowledge that there is no surviving family member, guardian nor agent;

(B)  the funeral director or crematory operator has made reasonable efforts to locate and contact any known family member, guardian or agent; and

(2)  the appropriate local authority fails to assume responsibility for disposition of the remains within 36 hours of written notice, which may be delivered by hand, United States mail, facsimile transmission, or telegraph.

§ 5231.  Civil action

(a)  Any individual who is a near relative of the decedent or the custodian of the decedent’s remains may file an action in probate court requesting the court to appoint an individual to make decisions regarding the disposition of the decedents remain or to resolve a dispute regarding the appropriate disposition of remains, including any instructions regarding funeral goods and services.

(b)  The court shall consider the following factors:

(1)  the cost and practicality of the proposed arrangements and disposition;

(2)  the relationship between the decedent and any individual claiming the right of disposition, including whether the individual and the decedent were estranged;

(3)  the wishes of any individual willing to pay the cost of the proposed arrangements and disposition;

(4)  the convenience and wishes of other family and friends;

(5)  the decedent’s expressed instructions or wishes;

(6)  the inclusiveness of  the proposed arrangements.

(c)  Except as provided for under subdivision (b)(X) of this section, an individual who has paid or agreed to pay for all or part of the funeral arrangements or final disposition does not have greater priority to the right to disposition.

(d)(1)  A funeral director or crematory operator may refuse to accept bodily remains, to inter or otherwise dispose of bodily remains, or to complete the arrangements for the final disposition until such time as the court issues an order or the parties submit a final stipulation regarding the disposition of remains.

(2)  If the funeral director retains the remains for final disposition while action is pending, the funeral director may embalm, refrigerate or shelter the remains while awaiting the final order of the court.  The cost of embalming, refrigeration or sheltering shall be the responsibility of the parties and the court shall include an order regarding payment of these costs. 

§ 5232.  COSTS AND FEES

If a funeral director or crematory operator files an action under this section, the funeral director may ask the court to include an order against the parties for legal fees and costs. 

§ 5233.  Immunity 

A funeral director or crematory operator  shall not be liable or subject to disciplinary action for carrying out the disposition of the remains for relying in good faith on a funeral service contract or authorization or for following the instructions of an individual whom the funeral director reasonably believes holds the right of disposition.  The funeral director or crematory operator does not have a duty to contact or to independently investigate the next-of-kin.  A funeral director shall not be held criminally or civilly liable for failing to file an action under section 5231 of this chapter.

H. 665

An act relating to promoting gourmet food and beverage products by permitting tastings of alcoholic beverages at Vermont food and wine events.

Second Reading

Favorable with Recommendation of Amendment

S. 106

An act relating to increasing the beverage container handler’s fee and providing that unclaimed beverage container deposits shall be paid into the solid waste management assistance fund.

Reported favorably with recommendation of amendment by Senator Illuzzi for the Committee on Economic Development, Housing and General Affairs, 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:

Sec. 1.  BOTTLE BILL EXPANSION; STUDY AND REPORT

(a) A committee consisting of nine members shall undertake a study and make recommendations regarding improved implementation and expansion of chapter 53 of Title 10, the Bottle Bill.  The Agency of Natural Resources shall provide administrative support to the committee.  The committee shall consist of the following nine members:

     (1)  The Secretary of Natural Resources or designee, who shall be chair of the committee.

(2)  A representative of beverage retailers.

(3)  A representative of beverage distributors.

(4)  A representative of beverage manufacturers.

(5)  A representative of beverage redemption centers.

(6)  A representative of solid waste districts.

(7)  Two representatives from environmental protection organizations.

(8)  A member from the Department of Liquor Control.

(b)  The committee shall study chapter 53 of Title 10 and issue a report on its findings and recommendations for improvement no later than January 15, 2006, to the House Committee on General, Housing and Military Affairs and the House and Senate Committees on Natural Resources and Energy.  At a minimum the report shall include the following:

(1)  The scope of beverages that should be included.

(2)  The amount of the deposit for those beverages.

(3)  The amount of the handling fee for those beverage containers.

(4)  What to do with unredeemed deposits collected on those beverage containers.

(5)  The feasibility and effectiveness of the current system, and administrative and legislative changes to improve it.

(Committee vote: 5-0-1)

Reported favorably with recommendation of amendment by Senator MacDonald for the Committee on Finance.

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.  10 V.S.A. § 1521 is amended to read:

§ 1521. DEFINITIONS

For the purpose of this chapter:

* * *

(8) "Refillable" means a beverage container which can be refilled at least five times and is so certified by type by the secretary.

(9) "Secretary" means the secretary of the agency of natural resources.

(10)(9) "Mixed wine drink" means a beverage containing wine and more than 15 percent added plain, carbonated or sparkling water; and which contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring or preservatives; which contains not more than 16 percent alcohol by volume; or other similar product marketed as a wine cooler.

(11)(10)  "Liquor" means spirits as defined in 7 V.S.A. § 2.

Sec. 2.  10 V.S.A. § 1522(b) and (d) are amended to read:

(b)  A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount which is at least the greater of two cents per container or 20 percent of the amount of the deposit returned to the consumer three and one-half cents per container.

(d)  The secretary shall prepare and print suitable posters for sale, at cost, to persons who wish to post the hours during which containers will be redeemed at their places of business.  Containers shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment.  The poster shall be substantially in the following form:

NOTICE TO CUSTOMERS

In accordance with the provisions of section 1523(a) of Title 10, Vermont Statutes Annotated, this store will redeem clean beverage containers during the following 40 or more hours of each week:

Monday _____________________________________________________

Tuesday _____________________________________________________   

Wednesday ___________________________________________________

Thursday _____________________________________________________

Friday _______________________________________________________

Saturday _____________________________________________________

Sunday_______________________________________________________

                                                                       (Name of store or establishment)

                                                                      (Operator, manager, or owner)

Sec. 3.  10 V.S.A. § 1523 is amended to read:

§ 1523.  ACCEPTANCE OF BEVERAGE CONTAINERS

(a)  Except as provided in section 1522 of this title:

* * *

(2) A manufacturer or distributor may not refuse to accept from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers of the kind, size and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.

* * *

(c)  A retailer or a person operating a redemption center may refuse to redeem beverage containers which that are not clean or which are broken, or were not purchased in Vermont.

* * *

(e)  The secretary shall, upon due notice to notify the public and other affected parties, hold a public hearing upon regarding the petition.  After investigation and hearing, the The secretary, after determination of need and service to be provided by the establishment of a proposed redemption center, shall issue his order a certification authorizing the distributors or retailers affected and servicing the community or area involved to establish a redemption center or alternate method of redemption, or shall deny the petition if found adverse to the public need.

(f)  The secretary shall not certify a new redemption center from July 1, 2006 through July 1, 2007 unless the area is currently underserved.

Sec. 4.  10 V.S.A. § 1525 is amended to read:

§ 1525.  PROHIBITIONS

* * *

(b)  No beverage, as defined in subdivision (1) of section 1521 of this chapter, other than liquor, shall be sold or offered for sale at retail in this state in a glass beverage container which has not been certified as refillable by the secretary.

(c) The secretary of natural resources may exempt specific products from subdivision (1) of subsection (a) of this section for so long as existing technology does not permit compliance for those products.

(c)  No distributor shall sell or offer for sale in this state a brand of beverage in a beverage container labeled as provided in subsection (a) of this section if that distributor sells that beverage container containing that brand in a state that does not have a deposit-redemption system similar to the one established by this chapter and that is adjacent to this state.  A distributor that violates this subsection is prohibited from selling or offering those beverages for sale in this state until the violation is corrected.

(d)  No person shall knowingly attempt to redeem a container to a retailer or a redemption center for deposit return if that container was purchased outside this state.

Sec. 5.  REPEAL

10 V.S.A. § 1524(d) (relating to sale of beverages with required labels) is repealed.

Sec. 6.  BOTTLE BILL WORKING COMMITTEE; AGENCY OF NATURAL RESOURCES

The secretary of natural resources with the cooperation and assistance of representatives of distributors, retailers, and redemption center owners shall continue to evaluate the bottle redemption system and make recommendations to the senate committee on finance and the house committee on ways and means on or before January 15, 2007.   The committee shall propose specific recommendations to further improve the beverage container deposit-redemption system established by chapter 53 of Title 10.  The evaluation and recommendations shall address at least the following issues:

(1)  Review of the handling fee system and the associated costs and revenues.

(2)  The feasibility of instituting a two-tiered fee based on co-mingling agreements.  

(3)  The costs and benefits of the deposit-redemption system. 

and that when the bill passes, the title shall be changed to read: “AN ACT RELATING TO INCREASING THE BEVERAGE CONTAINER HANDLERS' FEE AND AN ONGOING EVALUATION OF THE BOTTLE REDEMPTION SYSTEM”

(Committee vote:  4-0-3)

Reported without recommendation by Senator Bartlett for the Committee on Appropriations.

(Committee Report:  5-0-2)


Favorable with Proposal of Amendment

H. 237

An act relating to emergency contraception.

Reported favorably with recommendation of proposal of amendment by Senator Lyons for the Committee on Health and Welfare.

The Committee recommends that the Senate propose to the House to amend the bill by the bill as follows:

First:  In Sec. 1, 26 V.S.A. § 2078(b), by striking out the words “the recipient of” and inserting in lieu thereof  the patient using

Second:  In Sec. 1, by striking out 26 V.S.A. § 2079(a) and inserting in lieu thereof a new (a) to read:

(a)  The department of health, in collaboration with the board of pharmacy and other appropriate organizations, shall develop a standard protocol and procedures, by rule pursuant to chapter 25 of Title 3, for initiating and dispensing emergency contraception by pharmacists pursuant to this subchapter.  The protocol and procedures shall include the minimum standards required to be contained in the protocol between the pharmacist and the physician or other prescriber, a standard informed consent form to be signed by the patient using the emergency contraception, the appropriate information to be provided to the patient using the emergency contraception, information needed by the pharmacist prior to dispensing emergency contraception, appropriate referrals, sensitive communication with and protection of the needs of vulnerable individuals, privacy considerations, necessary forms, and any documentation requirements.

(Committee Vote: 5-0-1)

(For House amendments, see House Journal for May 26, 2005, page 1377; May 27, 2005, page 1435.)

NOTICE CALENDAR

Favorable

S. 111

An act relating to relating to prior service credit for teachers.

Reported favorably by Senator Doyle for the Committee on Government Operations.

(Committee vote: 5-0-1)


S. 212

An act relating to the radiological emergency response plan.

Reported favorably by Senator White for the Committee on Government Operations.

(Committee vote: 5-0-1)

Favorable with Recommendation of Amendment

S. 186

An act relating to false reports to law enforcement officers.

Reported favorably with recommendation of amendment by Senator Campbell for the Committee on Judiciary.

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.  13 V.S.A. § 1754 is amended to read:

§ 1754.  FALSE REPORTS TO LAW ENFORCEMENT AUTHORITIES

(a)  A person who knowingly gives false information to any law enforcement officer with purpose to implicate another or to deflect an investigation from the person or another person shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(b)  A person shall be imprisoned for not more than six months or fined not more than $500.00, or both if he the person:

(1)  Reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

(2)  Pretends to furnish such authorities with information relating to an offense or incident when he the person knows he the person has no information relating to such offense or incident.

(Committee vote: 5-0-1)

S. 198

An act relating to reporting medical errors and establishing a sorry works program.

Reported favorably with recommendation of amendment by Senator Leddy for the Committee on Judiciary.

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.  SHORT TITLE

This act may be referred to as the Vermont Sorry Works! and Medical Safety Act. 

Sec. 2.  12 V.S.A. § 1912 is added to read:

§ 1912.  EXPRESSION OF REGRET OR APOLOGY BY HEALTH CARE PROVIDER INADMISSIBLE

(a)  An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.

(b)  In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.

(c)  As used in this section:

(1)  “Health care facility” shall have the same meaning as in subdivision 9402(7) of Title 18.

(2)  “Health care provider” shall have the same meaning as in subdivision 9402(8) of Title 18.

(d)  The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.

Sec. 3.  SORRY WORKS! PILOT PROGRAM

(a)  For purposes of this section:

(1)  “Commissioner” means the commissioner of banking, insurance, securities, and health care administration.

(2)  “Department” means the department of banking, insurance, securities and health care administration.

(b)  The Sorry Works! pilot program is established under the oversight of the commissioner.  Any hospital that voluntarily chooses to participate shall be eligible for the program beginning on January 1, 2007.  Hospitals may participate only with the approval of the hospital administration and the hospital's medical staff. 

(c)  Under the program, participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care that result in harm and promptly offer fair settlements.  If a settlement is accepted, further litigation with respect to the mistake shall be prohibited.  Participating hospitals shall provide to the patient written notification of the patient’s right to legal counsel.  The notification shall include an affirmative declaration that no action was taken to dissuade a patient from using counsel for the negotiations.  Participation in Sorry Works! shall toll the applicable statute of limitations in cases where such negotiations are unsuccessful.

(d)  Participating hospitals shall report to the department their total costs for medical malpractice verdicts, settlements, and defense litigation for the preceding five years to enable the department to determine average costs for that hospital during that period.  The department shall develop standards and protocols to compare costs for cases handled by traditional means and cases handled under the Sorry Works! program for purposes of reporting to the general assembly as to the financial impact of the program.

(e)  The commissioner shall establish criteria for the program, including the criteria under which hospitals shall be selected to participate.  The commissioner shall award grants to further the purposes of this pilot to participating hospitals.  To be eligible to participate or to receive a grant, a hospital shall submit an application to the commissioner, who shall designate the form, time, and manner of the application.  A program participant may withdraw from the program by notifying the commissioner.

(f)  In consultation with hospitals, providers, and other interested parties,

the department shall adopt rules to implement the pilot program no later than October 1, 2006.

(g)  The amount of $75,000.00 is appropriated from the general fund to the

department for grants authorized under this section. 

(h)  This pilot program shall sunset on June 30, 2009.

(Committee vote:  5-0-1)


Reported favorably with recommendation of amendment by Senator Kitchel for the Committee on Appropriations.

The Committee recommends that the bill be amended by as recommended by the Committee on Judiciary with the following amendments thereto:

First:  In Sec. 3, in subsection (e) by striking out the second and third sentences in their entirety.

Second:  In Sec. 3, by striking out subsection (g) in its entirety and inserting in lieu thereof the following:

(g)  The department shall initiate a dialogue with insurers and encourage them to participate in the Sorry Works! pilot program with any hospital that is willing to commit to the program.  The department shall use all of the methods at its disposal to gain the participation of insurers necessary to enable hospitals to participate and the program to be implemented.  

(Committee vote: 4-0-3)

S. 256

An act relating to sexual exploitation of an inmate.

Reported favorably with recommendation of amendment by Senator Campbell for the Committee on Judiciary.

The Committee recommends that the bill be amended by adding a new section, to be Sec. 2, to read as follows:

Sec. 2.  28 V.S.A. § 853 is amended to read:

§ 853.  PUNISHMENT; MAINTENANCE OF RECORDS; RECOMMENDATION OF TRANSFER

(a)(1)  Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.  In cases of

(2)  Serious breaches of the rules and regulations shall include assault, escape, or attempt to escape, or and other serious breach of the rules, breaches as defined by the department.  In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, and he who may order other forms of discipline, in addition to or as substitution for a loss of privileges, that any portion of an inmate’s reduction of term for good behavior be forfeited or withheld in accordance with section 812 of this title.  In cases involving breach of the rules and regulations of the facility that result.  If the serious breach results in damage to state-owned property, the disciplinary committee may fix the an amount of restitution or reparation, which shall not exceed an amount the offender inmate can or will be able to pay, and shall fix the manner of performance.  Other forms of discipline for a serious breach of the rules may include:

(A)  Recommendation by the disciplinary committee and by the supervising officer also may be made to the commissioner that the inmate be transferred to another facility. 

(B)  For serious breach of the rules the disciplinary committee Confinement, in accordance with the regulations of the department, may also recommend, and the supervising officer may order, that an inmate be confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility.; provided:

(1)(i)  The period of such confinement shall not exceed thirty 30 days consecutively;

(2)(ii)  The inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;

(3)(iii)  Adequate sanitary and other conditions required for the health of the inmate shall be maintained; and

(4)(iv)  The supervising officer of the facility shall comply with any recommendation that may be made by the institution’s facility’s physician for measures with respect to dietary needs or conditions of confinement of each inmate required to maintain the health of the inmate.

(b)  No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.

(c)  The supervising officer of any facility shall maintain a record of all breaches of rules, of the disposition of each case, and of the punishment, if any, for each breach.  Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor.

(Committee vote: 5-0-1)

ORDERED TO LIE

S. 112

An act relating to the practice of optometry.

PENDING ACTION:  Second reading of the bill.

S. 157

An act relating to rulemaking for Vermont origin.

PENDING ACTION:  Second reading of the bill.

CONCURRENT RESOLUTIONS

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

S.C.R. 53

     Senate concurrent resolution recognizing Robert E. Miller for his contributions to Vermont.

S.C.R. 54

     Senate concurrent resolution congratulating Richard Cassidy on his 50 years of service as Highgate town moderator.

H.C.R. 244.

House concurrent resolution congratulating Peter Miller of Colbyville on his being named the Burlington Free Press’s Vermonter of the Year.

H.C.R. 245

House concurrent resolution honoring the Vermont Youth Orchestra

H.C.R. 246

House concurrent resolution honoring Woodford Town Clerk Aileen C. O’Neil

H.C.R. 247

House concurrent resolution designating April 29, 2006 as Vermont National Guard Family Readiness Volunteer Day in honor of the outstanding volunteers who are assisting National Guard families whose loved ones are deployed

H.C.R. 248

House concurrent resolution congratulating Allethaire (Gussie) Goodrum on her 80th birthday

H.C.R. 249

House concurrent resolution recognizing the extraordinary public service of retiring Weston town moderator Sam Lloyd

H.C.R.  250

House concurrent resolution congratulating David Hamilton for his many years of civic service in the town of Jamaica

H.C.R. 251

House concurrent resolution congratulating Bruce Chapin for his many years of civic service in the town of Jamaica

H.C.R. 252

House concurrent resolution congratulating Raymond Landman for his many years of civic service in the town of Jamaica

H.C.R. 253

House concurrent resolution designating March 2006 as National Social Work Month in Vermont

H.C.R. 254

House concurrent resolution congratulating the Peace Corps on its 45th anniversary

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.

     Robert Alberts of Bridport – Member of the Vermont Housing Finance Agency – By Sen. Ayer for the Committee on Finance.  (2/10)

     John Valente of Rutland – Member of the Vermont Municipal Bond Bank – By Sen. Maynard for the Committee on Finance.  (2/24)

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:

105.   Vermont Lottery Commission 2005 Annual Report.  (March 2006).

CROSSOVER DEADLINES

1.  Bill Introduction Deadlines

          (a)  The deadline for filing drafting requests for new bills for the 2006 Session has expired under our Senate Rules.

          (b)  Accordingly, any new bill for the 2006 Session can now only be introduced with the consent of the Rules Committee, whether sponsored by an individual Senator or by any standing committee.

2.  Bill Reporting Deadlines

          (a)  A “bill reporting deadline” means the date by which a bill must be reported out of a committee and filed with the Secretary of the Senate in order to place that bill on the calendar for notice the next legislative day.

          (b)  For Senate bills introduced during this biennium, the following bill reporting deadlines are established for the 2006 adjourned session:

               (1)  From the standing committee of last reference (excluding the Committees on Appropriations and Finance), all bills must be reported out of committee on or before March 3, 2006.

               (2)  For bills referred pursuant to Senate Rule 31, all bills must be reported out of the Committees on Appropriations and Finance on or before March   17, 2006.

          (c)  These deadlines may be waived for any bill or committee only by consent given by the Committee on Rules.