Journal of the Senate
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Thursday, January 27, 2005
The Senate was called to order by the President.
Devotional Exercises
Devotional exercises were conducted by the Reverend Daniel McAllister of Montpelier.
Bills Introduced
Senate bills of the following titles were severally introduced, read the first time and referred:
S. 50.
By Senator Condos,
An act relating to allowing chiefs of police to disperse riots.
To the Committee on Judiciary.
S. 51.
By Senator Doyle,
An act relating to disability retirement benefits for state employees.
To the Committee on Government Operations.
S. 52.
By Senators Lyons and Ayer,
An act relating to renewable energy portfolio standards, appliance efficiency standards, distributed electricity, and a customer petition for independent status.
To the Committee on Finance.
S. 53.
By Senator Dunne,
An act relating to the Vermont higher education investment plan.
To the Committee on Finance.
S. 54.
By Senator Condos,
An act to establish a statewide rental housing registry to improve the quality, safety, and habitability of rental housing in Vermont.
To the Committee on Economic Development, Housing and General Affairs.
Committee Bill Introduced
Senate committee bill of the following title was introduced, read the first time, and, under the rule, placed on the Calendar for notice the next legislative day:
S. 55.
By the Committee on Economic Development, Housing and General Affairs,
An act relating to increasing the minimum wage and other economic stimuli for low income taxpayers and bottle return businesses.
Joint Resolution Adopted on the Part of the Senate
Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:
By Senator Welch,
J.R.S. 10. Joint resolution relating to weekend adjournment.
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, January 28, 2005, it be to meet again no later than Tuesday, February 1, 2005.
Rules Suspended; Bill Committed
S. 18.
Appearing on the Calendar for notice, on motion of Senator White, the rules were suspended and Senate bill entitled:
An act relating to liability resulting from the use of genetically engineered seeds and plant parts.
Was taken up for immediate consideration.
Thereupon, pending the reading of the report of the Committee on Agriculture, Senator White moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Judiciary with the report of the Committee on Agriculture intact,
Which was agreed to.
Bill Amended; Bill Passed
S. 49.
Senate bill entitled:
An act relating to I-SaveRx prescription drug program.
Was taken up.
Thereupon, pending third reading of the bill, Senator Cummings, on behalf of the Committee on Finance, moves to amend the bill in Sec. 1, subsection (2), by striking out the words and wholesalers
Which was agreed to.
President Pro Tempore Assumes the Chair
Thereupon, pending third reading of the bill, Senator Illuzzi, moved to amend the bill as follows:
First: In Sec. 1, by adding two new subdivisions to be numbered (7) and (8) to read as follows:
(7) Vermont already provides opportunities for Vermonters to save on prescription drugs by linking to the website developed by the state of Minnesota.
(8) Programs developed by other states and by private entities, including programs developed by pharmaceutical manufacturers, may enable Vermonters to purchase lower cost prescription drugs at savings better than or comparable to those available through the I-SaveRx program, and Vermonters should be informed of those other programs.
Second: In Sec. 2(a), by striking out the word governor and inserting in lieu thereof the following: secretary of human services, in consultation with the board of pharmacy,
Third: In Sec. 2(b), by striking out the word governor and inserting in lieu thereof the following: the secretary of human services and by inserting after the words commissioner of health the following: and the board of pharmacy
Fourth: In Sec. 2(c), by striking out the word governor and inserting in lieu thereof the following: the secretary of human services and by inserting after the words commissioner of health the following: and the board of pharmacy
Fifth: In Sec. 2(d), by striking out the word governor and inserting in lieu thereof the following: secretary of human services, in consultation with the board of pharmacy,
Sixth: In Sec. 2(e), by striking out the words secretary of human services and inserting in lieu thereof the following: board of pharmacy
Seventh: In Sec. 2, by adding two new subsections to be lettered (h) and (i) to read as follows:
(h) All communication tools and promotional materials shall also reference and provide contact information, including website links and phone numbers, to programs developed by other states and pharmaceutical manufacturers that will enable Vermonters to purchase lower cost prescription drugs at savings better than or comparable to those available through the I-SaveRx program, including but not limited to current discount programs offered by private and public entities that may help Vermonters achieve savings on prescription drugs.
(i) The working group shall convene at least once per year to review programs developed by other states and pharmaceutical manufacturers and shall update communication tools and promotional materials to include any program that offers Vermonters savings better than or comparable to those available through the I-SaveRx program.
Eighth: By adding a new section to be numbered Sec. 4 to read as follows:
Sec. 4. NOTICE TO CONSUMERS
Any state website which references the I-SaveRx prescription drug program, or any other internet based prescription drug purchasing program or opportunity referenced by the state website, and any related marketing materials, shall contain substantially the following notice to consumers to the extent it is not inconsistent with similar consumer warnings on the I-SaveRx program website:
NOTICE TO CONSUMERS
(a) The Canadian, Irish, or United Kingdom regulatory bodies have approved all medications available through this program to be safe for use within their own respective countries.
(b) Prescription drugs purchased from other countries fall outside of the regulatory system for prescription drugs purchased in the United States. Canada and United Kingdom have their own regulatory systems to protect the safety of prescription drugs, and those systems differ in certain respects from the system in the United States.
(c) Prescription drugs purchased from other countries, for example, may be labeled or packaged differently than prescription drugs purchased in the United States, or manufactured in different facilities.
(d) The United States Food and Drug Administration, under the Clinton and Bush Administrations, has taken the position that programs for the purchase of prescription drugs from outside of the United States may violate the Prescription Drug Marketing Act of 1988; and that it can not assure the efficacy or safety of drugs purchased by consumers directly from foreign vendors through such programs.
(e) The State of Vermont, its officers, and its employees make no representation as to the legality of the importation or reimportation of pharmaceuticals from other countries. The State of Vermont makes no representations or warranties as to the safety or efficacy of prescription drugs purchased directly from foreign sources, and cannot guarantee the efficacy or safety of any particular drug purchased under a state-sponsored program. The State of Vermont accepts no legal liability for any injuries or damages that may be incurred by users of products obtained through this web based program.
Ninth: By renumbering Sec. 4 to be Sec. 5.
Thereupon, pending the question, Shall the bill be amended as recommended by Senator Illuzzi?, Senator Illuzzi requested and was granted leave to withdraw his proposals of amendment.
Thereupon, the bill was read the third time and passed.
Joint Resolution Adopted in Concurrence
J.R.H. 12.
Joint House resolution entitled:
Joint resolution urging Congress to extend the federal milk income loss contract program.
Having been placed on the Calendar for action, was taken up and adopted in concurrence.
Appointment of Senate Members to Northeast Legislative Association on Prescription Drug Pricing
The President pro tempore, on behalf of the Committee on Committees, announced the appointment of the following Senators to serve on the Northeast Legislative Association on Prescription Drug Pricing during this biennium:
Senator Leddy
Senator Sears
Senator Mullin
Appointment of Senate Members to Joint Rules Committee
The President pro tempore, on behalf of the Committee on Committees, announced the appointment of the following Senators to serve on the Joint Rules Committee for terms of two (2) years pursuant to the provisions of Joint Rule No. 5:
Senator Welch, ex officio
Senator Doyle
Senator Mazza
Senator Campbell
Appointment of Senate Member to the Vermont Veterans' Memorial Cemetery Advisory Board
Pursuant to the provisions of 20 V.S.A. §1581(a)(2), the President pro tempore, on behalf of the Committee on Committees, announced the appointment of the following Senator to serve on the Vermont Veterans' Memorial Cemetery Advisory Board for a term of two (2) years:
Senator Canns
Judicial Nominating Board
Senator Welch also announced on behalf of the Committee on Committees the nominations of the following Senators to serve as members of the Judicial Nominating Board for two-year terms commencing February 1, 2005.
Senator Kittell
Senator Scott
Senator Welch
On motion of Senator Mazza, the Senate adjourned until eleven oclock and thirty minutes in the morning.