Out in the 

Mountains

COALITION NOTES

Legislation Unter the Watchful Eyes of VCLGR Co-Liaisons

by Virginia Renfrew and Keith E. Goslant

This legislative session is off and running at a fast pace. At this time, an anti-gay marriage bill has not been introduced. We do know that one will be coming out in the House; VCLGR will be watching for it.

There are a number of other bills we've got our eyes on at the moment.

Introduced by Rep. Koch from Barre Town, H.63, An Act Relating to Health Care Information is better known to many as "Confidentiality of Medical Records." This bill has been introduced for the past four years, with both the House and the Senate spending many hours on the issue. Each time, it has died at the end of the legislative session. We hope that this time it will become law.

This bill proposes to consolidate and strengthen the privacy and confidentiality safeguards for individually identifiable health care information and to clarify the rights and responsibilities of those individuals and entities that create or have a legitimate need to access that information for health care, public health or legitimate business purposes.

Koch's bill is without extra protection for HIV, AIDS, mental health, or genetic information on the premise that all individuals should receive protection, but no group should receive extra protection. The PWA Coalition has argued over the years that people with AIDS must receive extra protection because of the stigma attached to it. John Vargo testified on the behalf of the PWA Coalition, asking that the language giving extra protection to HIV/AIDS be included.

VCLGR, along with the PWA Coalition and AIDS Service organizations, support Senator Helen Riehle's Senate Bill 45; it is almost identical to Rep. Koch's bill but does include this extra protection.

Senator Peter Shumlin introduced S.45, An Act Relating to Civil Rights Injunction.

It proposes to amend the Hate Crimes Act to allow the attorney general, on behalf of a victim, to bring an action for injunctive relief, compensatory and punitive damages, attorney's fees and any other appropriate relief against any person who participated in or incited a hate crime. A victim of a hate crime or the attorney general, on behalf of the victim, could seek a court order similar to an abuse prevention order available to victims of domestic violence. Violation of the injunction would be a criminal offense.

On Tuesday, February 9, 1999, the House and Senate Judiciary Committees held a public hearing on this bill. Many people from the GLBT community came to testify in favor of this bill. Keith Goslant has been involved with the task force headed by the Office of the Attorney General. Included in this task force are representatives from the Department of Health, ALANA, the Human Rights Commission, the department of public safety, and the State's Attorneys. The Senate Judiciary has heard testimony and it is expected the bill will be voted out of the Committee by the end of February.

Representative Gary Richardson has introduced H.132, An Act Relating to a Citizens' Initiative Process. It proposes to establish a citizens' initiative process and to require the general assembly to vote on laws proposed by citizens in accordance with this process.

Some of you might remember this bill from last year. VCLGR has opposed this in the past and we continue to oppose it. It has been said that this is the way for a minority of people to go after another minority while the majority sits by and watches.

Virginia Renfrew testified against this bill in the House Local Government committee. She spoke about what has happened in other states to gay and lesbian civil rights. We only have to look as far as Maine to realize just how damaging citizens' initiatives can be to our community. Last year, 30 percent of voters turned out to cast their votes on whether sexual orientation was a protected class against discrimination. Just over half, or 16 percent of eligible voters in Maine, were successful in changing enacted and hard-fought legislation protecting those experiencing discrimination based on sexual orientation.

VCLGR will be keeping a close eye on this bill. We are building a coalition of organizations to oppose it.

Last year, voters in 54 towns were asked at their town meetings if they would support a citizens' initiative. It is possible that voters will be asked that question again this year. Please call your town clerk and ask if this will be voted on at your town meeting. If yes, please let Virginia Renfrew know and consider speaking against the vote. VCLGR will supply talking points against the initiative.

If you have any questions, please contact Keith or Virginia.


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Copyright © 1999 Mountain Pride Media, Inc.