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Journal of the Senate

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Friday, March 28, 2008

The Senate was called to order by the President pro tempore.

Devotional Exercises

Devotional exercises were conducted by the Reverend Terry Dorsett of Barre.

Message from the House No. 42

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has passed bills of the following titles:

     H. 558.  An act relating to waste facility franchise tax exemption for mining waste.

     H. 574.  An act relating to requiring beverage container manufacturers to pay an additional one-half cent per container to retailers who do not commingle containers.

     H. 812.  An act relating to ensuring educational continuity for pregnant and parenting students.

H. 888.  An act relating to miscellaneous tax amendments.

In the passage of which the concurrence of the Senate is requested.

The House has adopted Joint Resolutions of the following titles:

J.R.H. 57.  Joint resolution relating to U.S. military veterans and traumatic brain injury.

J.R.H. 58.  Joint resolution authorizing the 2008 Green Mountain Boy’s State program to use the State House.

In the adoption of which the concurrence of the Senate is requested.


Message from the House No. 43

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has passed a bill of the following title:

H. 11.  An act relating to the commissioner of health.

In the passage of which the concurrence of the Senate is requested.

The House has considered a joint resolution originating in the Senate of the following title:

J.R.S. 59.  Joint resolution relating to weekend adjournment.

And has adopted the same in concurrence.

     The House has adopted concurrent resolutions of the following titles:

     H.C.R. 248.  Concurrent resolution congratulating the 2008 Woodstock Union High School Wasps boys’ championship alpine ski team.

     H.C.R. 249.  Concurrent resolution congratulating the 2008 Lake Region Union High School Rangers Division III boys’ basketball championship team.

     H.C.R. 250.  Concurrent resolution congratulating the 2008 Proctor High School Phantoms on winning their school’s third consecutive Division IV boys’ basketball championship.

     H.C.R. 251.  Concurrent resolution congratulating the 2008 Twinfield Trojans Division IV championship girls’ basketball team.

     H.C.R. 252.  Concurrent resolution congratulating Kelley Tully, the 2008 Great Falls Regional Chamber of Commerce Person of the Year.

     H.C.R. 253.  Concurrent resolution congratulating the 2008 Mount St. Joseph Academy Mounties Division II championship ice hockey team.

     H.C.R. 254.  Concurrent resolution honoring Greg McClallen for his 36 years of extraordinary coaching and dedication to Rutland High School’s athletic programs.

In the adoption of which the concurrence of the Senate is requested.


Bills Referred

House bills of the following titles were severally read the first time and referred:

H. 11.

An act relating to the commissioner of health.

To the Committee on Rules.

H. 558.

An act relating to waste facility franchise tax exemption for mining waste.

To the Committee on Natural Resources and Energy.

H. 574.

An act relating to requiring beverage container manufacturers to pay an additional one-half cent per container to retailers who do not commingle containers.

To the Committee on Natural Resources and Energy.

H. 812.

An act relating to ensuring educational continuity for pregnant and parenting students.

To the Committee on Education.

H. 888.

An act relating to miscellaneous tax amendments.

To the Committee on Finance.

Joint Resolutions Placed on Calendar

J.R.H. 57.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution relating to U.S. military veterans and traumatic brain injury.

Whereas, members of the United States Armed Forces, serving in combat, are exposed to adverse conditions, such as explosions, blows to the head, falls, and vehicle accidents, that cause traumatic brain injury and

Whereas, the level of traumatic brain injuries varies considerably with many of these injuries not readily apparent immediately after the injury, and


Whereas, traumatic brain injury can include symptoms that are similar to post traumatic stress disorder, including difficulty sleeping, memory loss, and confusion, and

Whereas, even mild traumatic brain injury can result in severe headaches, dizziness, nausea, and sensitivity to light, and

Whereas, the United States Army Surgeon General estimates that between 10 and 20 percent of military members leaving service in Iraq and Afghanistan may have some level of traumatic brain injury, and that more than one-half of combat-wounded military members have an associated traumatic brain injury, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges the United States Department of Defense and the United States Department of Veterans Affairs to continue research on ways to prevent and treat traumatic brain injury, especially if related to service in combat theaters, and be it further

Resolved:  That the General Assembly urges the Department of Defense to screen all military personnel leaving a combat theater for traumatic brain injury, and be it further

Resolved:  That the General Assembly urges the United States Department of Veterans Affairs to:  create a traumatic brain injury registry; a comprehensive program to provide long-term traumatic brain injury rehabilitation; and a pilot program in Vermont to deliver traumatic brain injury screening, readjustment counseling, mental health services, and benefits outreach to rural veterans through mobile Vet Centers, and be it further

Resolved:  That the General Assembly urges Congress to authorize funds for the establishment of centers for traumatic brain injury research, education, and clinical activities, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to Secretary of Defense Robert Gates, to Secretary of Veteran Affairs Dr. James Peake, to Representative Ike Skelton, Chair of the U.S. House Armed Services Committee, to Representative Bob Filner, Chair of the U.S. House Committee on Veterans’ Affairs, to Senator Carl Levin, Chair of the U.S. Senate Committee on Armed Services, to Senator Daniel Akaka, Chair of the U.S. Senate Committee on Veterans Affairs, and to the Vermont Congressional Delegation.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action the next legislative day.

J.R.H. 58.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution authorizing the 2008 Green Mountain Boys’ State program to use the state house

Whereas, the American Legion in Vermont sponsors the Green Mountain Boys’ State program, which provides an opportunity for high school students to study the workings of state government in Montpelier, and

Whereas, as part of their visit to the state’s capital city, the boys conduct a mock legislative session in the state house, and

Whereas, this is an invaluable educational experience that provides firsthand knowledge about the legislative process, now therefore be it

Resolved by the Senate and House of Representatives:

That the sergeant at arms shall make available the chambers and committee rooms of the state house for the Green Mountain Boys’ State program on Thursday, June 19, 2008.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action the next legislative day.

Message from the Governor

Appointments Referred

     A message was received from the Governor, by Dennise R. Casey, Secretary of Civil and Military Affairs, submitting the following appointments, which were referred to committees as indicated:

     Robert R. Rinaldi, DPM of Chelsea - Member of the Board of Medical Practice, - from March 24, 2008, to December 31, 2008.

     To the Committee on Health and Welfare.

     Nancy Corsones of Mendon - Member of the Children and Family Council for Prevention Programs, - from March 26, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Robert Sheil of Montpelier - Member of the Children and Family Council for Prevention Programs, - from March 26, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.


     James L. Patterson of Barre - Member of the Children and Family Council for Prevention Programs, - from March 26, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Mark L. Moody of Montpelier - Member of the Children and Family Council for Prevention Programs, - from March 26, 2008, to February 28, 2011.

     To the Committee on Health and Welfare.

     Craig O. Lantagne of Lyndonville - Member of the Fish and Wildlife Board, - from March 28, 2008, to February 28, 2014.

     To the Committee on Natural Resources and Energy.

Senate Resolution Adopted

Senate resolution of the following title was offered, read and adopted, and is as follows:

   By Senators McCormack, Campbell and Nitka,

     S.R. 23.  Senate resolution congratulating Linda Carbino.

     Whereas, Linda Carbino has demonstrated extraordinary courage by overcoming addiction and mental illness, and

     Whereas, she has not only overcome but has risen above addiction and mental illness to achieve great things, and

     Whereas, she has been an inspiration to others through her example, and

     Whereas, her television program “Walking Through Life” has informed and inspired others regarding the issues of addiction, mental illness and recovery, and

     Whereas,  Linda Carbino has been the 2008 recipient of the Jack Barry Communications Award presented on March 28, 2008, at the State House, now therefore be it

Resolved by the Senate:

That the Senate of the State of Vermont congratulates Linda Carbino on her well-deserved honor, and be it further

Resolved: That the Secretary of the Senate is instructed to send a copy of this resolution to Linda Carbino.


Bills Ordered to Lie

S. 369.

Senate bill entitled:

An act relating to recognition of tribes and bands of native Americans by the Vermont commission on native American affairs.

Was taken up.

Thereupon, pending the report of the Committee on Economic Development, Housing and General Affairs, on motion of Senator Illuzzi, the bill was ordered to lie.

S. 348.

Senate bill entitled:

An act relating to education or workforce training for children between the ages of 16 to 18 years of age.

Was taken up.

Thereupon, pending the question, Shall the recommendation of amendment of the Committee on Education be amended as recommended by the Committee on Appropriations?, on motion of Senator Collins, the bill was ordered to lie.

Consideration Postponed

S. 201.

Senate bill entitled:

An act relating to state employee whistleblower protection.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until the next legislative day.

Proposal of Amendment; Third Reading Ordered

J.R.H. 44.

Senator Mullin, for the Committee on Health and Welfare, to which was referred joint House resolution entitled:

Joint resolution relating to approving the Vermont information technology leaders’ (VITGL) health information technology plan as required by 22 V.S.A. § 903(g).

Reported recommending that the Senate propose to the House to amend the joint resolution as follows:

Whereas, the Vermont Information Technology Leaders, Inc. (VITL) is a nonprofit, public-private partnership incorporated in Vermont, and

Whereas, VITL is an integral part of the development of health information technology in this state, and

Whereas, VITL has developed the Vermont health information technology plan pursuant to 22 V.S.A. § 903(b) and (c), and

Whereas, the Vermont health information technology plan outlines a vision for health information technology in Vermont that identifies key stakeholders, strategies, and objectives; provides standards for health information exchange that include the promotion of privacy and security; presents an overview of the technology architecture; and details the funding and governance of health information technology in this state, and

Whereas, the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and contained in 45 C.F.R., Parts 160 and 164, provide protections for the privacy of individually identifiable health information maintained or transmitted in connection with certain administrative and financial transactions, and

Whereas, the provisions of Vermont’s patients’ privilege statute in 12 V.S.A. § 1612, the mental health protections found in 18 V.S.A. § 7103, and the guidelines for privacy and security standards and protocols in 22 V.S.A. § 903(f) provide Vermonters with additional rights and protections regarding disclosure of their personal health information, and

Whereas, 22 V.S.A. § 903(g) allows the Vermont health information technology plan, upon recommendation of the commissioner of information and innovation and approval by the general assembly, to serve as the framework within which the commissioner reviews certificate of need applications for information technology, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly approves the Vermont health information technology plan, as submitted by VITL, to be implemented using HIPAA, 12 V.S.A. § 1612, 18 V.S.A. § 7103, and 22 V.S.A. § 903(f) as the minimum standards for the privacy and security of health information, and be it further

Resolved:  That VITL be directed to continue to update the health information technology plan to include state and national privacy and security policies and procedures as they become available to reflect industry best practices, and be it further

Resolved:  That VITL be directed to update by January 1, 2009 the interoperability standards in the health information technology plan to reflect nationally accepted industry best practices relating to the exchange of data, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Information Technology Leaders, Inc.

And that the joint resolution ought to be adopted in concurrence with such proposals of amendment.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the joint resolution was ordered.

Rules Suspended; Third Reading Ordered

H. 563.

Appearing on the Calendar for notice, on motion of Senator Cummings, the rules were suspended and House bill entitled:

An act relating to uniform commercial code.

Was taken up for immediate consideration.

Senator Cummings, for the Committee on Finance, to which the bill was referred, reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

House Concurrent Resolutions

     The following joint concurrent resolutions having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence:

H.C.R. 248

House concurrent resolution congratulating the 2008 Woodstock Union High School Wasps boys’ championship alpine ski team

Offered by:  Representative Clarkson

Offered by:  Senators Campbell, McCormack and Nitka


H.C.R. 249

House concurrent resolution congratulating the 2008 Lake Region Union High School Rangers Division III boys’ basketball championship team

Offered by:  Representative Rodgers and others

H.C.R. 250

House concurrent resolution congratulating the 2008 Proctor High School Phantoms on winning their school’s third consecutive Division IV boys’ basketball championship

Offered by:  Representative Potter and others

H.C.R. 251

House concurrent resolution congratulating the 2008 Twinfield Trojans Division IV championship girls’ basketball team

Offered by:  Representative Ancel

H.C.R. 252

House concurrent resolution congratulating Kelley Tully, the 2008 Great Falls Regional Chamber of Commerce Person of the Year

Offered by:  Representatives Obuchowski and Partridge

H.C.R. 253

House concurrent resolution congratulating the 2008 Mount St. Joseph Academy Mounties Division II championship ice hockey team

Offered by:  Representative Courcelle and others

Offered by:  Senators Mullin, Carris and Maynard

H.C.R. 254

House concurrent resolution honoring Greg McClallen for his 36 years of extraordinary coaching and dedication to Rutland High School’s athletic programs

Offered by:  Representative Courcelle and others

Offered by:  Senators Mullin, Carris and Maynard

     [The full text of the House concurrent resolutions appeared in the Senate calendar addendum for Thursday, March 27, 2008, and will appear in the volume of the Public Acts and Resolves to be published for this session of the sixty-ninth biennial session of the Vermont General Assembly.]

Adjournment

On motion of Senator Mazza, the Senate adjourned, to reconvene on Tuesday, April 1, 2008, at ten o’clock in the forenoon pursuant to J.R.S. 59.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us