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					                 House Calendar
                      WEDNESDAY, MARCH 14, 2001
                     71st DAY OF BIENNIAL SESSION

                            ORDERS OF THE DAY

                            ACTION CALENDAR
                                  Third Readings
                                      H. 40
   An act relating to extension of credit to retail licensees for purchase of wine
and beer from wholesale dealers.
                                      H. 77
   An act relating to state agency acceptance of credit and debit card
payments.
   Amendment to be offered by Rep. Kilmartin of Newport City to H. 77
   Moves to amend the bill as follows:
   First: On page 1, line 15, by striking the following: “may elect to accept”
and inserting in lieu thereof the following: must accept, soley at the election of
the obligor,
   Second: On page 1, line 18, by inserting before the period the following:
   , wherever the interest rate charged is 12% or less per annum
   Third: On page 2, line 6, by striking “who elects” and inserting in lieu
thereof the following: which is required and on line 9 by striking “has
authority” and inserting in lieu thereof: is required
   Fourth: On page 3, by striking line 7 through “supreme courts,” on line 9,
and inserting in lieu thereof the following:
   (a) The district, environmental, family, superior and supreme courts, the
clerks thereof and on line 10 by striking the following: “may to accept” and
inserting in lieu thereof the following: are prohibited from accepting
                                     H. 115
   An act relating to education tax liability adjustment.


                                     - 250 -
                                    H. 176
   An act relating to the commission on higher education funding and the
higher education endowment trust fund.
                                    H. 226
  An act relating to motorized scooters.
                                    H. 242
  An act relating to term limits for collectors of delinquent taxes.
                                    H. 417
   An act relating to health insurance coverage of mental health and substance
abuse.
                                    H. 450
   An act relating to eel fishing, fee fishing, and penalties for violations of
fish and wildlife laws.
  Amendment to be offered by Rep. Kilmartin of Newport City to H. 450
       Moves to amend the bill in Sec. 5 by striking the following: “carry or
possess a firearm, bow and arrow, crossbow, or wild animal trap in private
preserve as posted under section 5201” and inserting in lieu thereof the
following: or carry or possess, with the specific intent to use the same to take
fish, game, or other animals in violation of this section, a firearm, bow and
arrow, crossbow, wild animal trap, fishpole, spear or other device designed or
suitable for the taking of fish, game or other animals, in a private preserve as
posted under section 5201
                                   J. R. S. 9
  Joint resolution in opposition to the desecration of the United States Flag.
                    Committee Bills for Second Reading
                                    H. 471
  An act relating to early voter absentee ballots.
  (Rep. Hummel of Underhill will speak for the Committee on Local
Government.)
                                    H. 472
   An act relating to relating to checklists and voter registration applications
and affidavits.


                                     - 251 -
  (Rep. Kiss of Burlington will speak for the Committee on Local
Government.)
  Amendment to be offered by Rep. Kiss of Burlington to H. 472
  Moves the bill be amended as follows:
     First: By striking Sec. 1 and inserting in lieu thereof the following:
Sec. 1. 17 V.S.A. § 2145 is amended to read:
§ 2145. APPLICATION FORMS
   (a) The voter registration application shall be in the form approved by the
federal election commission or by the secretary of state. The application form
approved by the secretary shall include:
                                     ***
       (6) A statement informing the applicant: “Keep a copy of this
application form. Contact your town clerk to make sure your application has
been received. Bring the copy to the polls when you go to vote. This is your
proof you have submitted an application to the checklist before the deadline for
registration.”
    (b) Except for forms included as part of a department of motor vehicles
license application, the registration application form shall be in four copies.
One copy shall be retained by the applicant; three copies shall be forwarded to
the town clerk. In the case of applications received at voter registration
agencies, three copies shall be forwarded to the secretary of state who shall
forward the copies to the town clerk of the applicant's town of residence. In
the case of forms included as part of a department of motor vehicles license
application, the form shall be a one-part form which in two copies. One copy
shall be retained by the applicant; one copy shall be forwarded to the secretary
of state who shall forward the form to the town clerk of the applicant's town of
residence.
                                     ***
   Second: On page 5, line 2, by striking “2150(a)(3)” and inserting in lieu
thereof 2150(d)(3)
                                    H. 475
  An act relating to Act 250 appeals on the record and other technical matters.
  (Rep. Angell of Randolph will speak for the Committee on Natural
Resources and Energy.)


                                    - 252 -
                                     H. 476
   An act relating to address confidentiality of victims of domestic violence,
sexual assault, and stalking.
  (Rep. Bourdeau of Hyde Park will speak for the Committee on
Government Operations.)
                                     H. 477
   An act relating to implements of husbandry.
  (Rep. Winters of Williamstown will speak for the Committee on
Agriculture.)
                         Favorable with Ame ndme nt
                                     H. 106
   An act relating to obtaining search warrants for electronic surveillance on
private property.
   Rep. Kilmartin of Newport City, for the Committee on Judiciary,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE INTENT
    In order to enhance individual privacy rights and to respond to the ruling of
the Vermont Supreme Court in the case of State v. Costin, 168 Vt. 175 (1998),
it is the intention of the general assembly to require a warrant for the use of
unattended surveillance equipment on private property. Use of unattended
equipment to intercept oral communications on private property when a person
has a reasonable expectation of privacy shall be governed by Title III of the
Omnibus Crime Control and Safe Streets Act, 18 U.S.C.S. § 2510 et. seq.
Sec. 2. 13 V.S.A. § 4704 is added to read:
§ 4704.   SEARCH WARRANT; SURVEILLANCE ON PRIVATE
       PROPERTY
   (a) A search warrant shall be obtained pursuant to Rule 41 of the Vermont
Rules of Criminal Procedure prior to the placement upon any private property
of surveillance equipment which is not under direct or immediate operator
control if:
      (1) the equipment is to be placed upon private property that is the
subject of the surveillance to record that property or activity on that property,
or both; or


                                     - 253 -
       (2) the equipment is to be placed upon private property that is not the
subject of the surveillance to record another person’s private property or
activity on that property, or both.
   (b) This section shall apply only to open fields on private property. A
warrant shall be obtained pursuant to this section regardless of whether the
property is posted against trespass. The placement of unattended surveillance
equipment within a dwelling or the curtilage of a dwelling shall be governed
by existing warrant requirements under Chapter I, Article 11th of the Vermont
Constitution and Rule 41 of the Vermont Rules of Criminal Procedure.
   (c) A warrant shall not be required if the property owner, the legal occupant
or the owner’s authorized agent has given consent prior to the placement of the
surveillance equipment upon the property.
   (d) A warrant issued pursuant to this section may authorize the placement
of unattended surveillance equipment upon private property for up to 30 days.
However, no warrant issued pursuant to this section shall authorize the
placement of unattended surveillance equipment upon private property for any
period longer than is necessary to achieve the objective of the authorization.
   (e) Return of service shall be filed with the court within 72 hours of the end
of the period of surveillance. Service of the warrant shall be made within 90
days of the application of the warrant; however, the issuing judge may extend
this period for good cause shown.
   (f) For purposes of this section, “surveillance equipment” means any
equipment or technology used to obtain, transmit or preserve a visual image.
   (g) For purposes of this section, “operator” means a law enforcement
officer, or a state investigator engaged in an administrative investigation
pursuant to any state or federal law, who is conducting the surveillance.
   (h) Traditional exceptions to the warrant requirement, such as exigent
circumstances concerning destruction or removal of evidence and the safety of
law enforcement officers, shall apply.
   (i) This section shall not apply to the lawful use of surveillance equipment
installed in law enforcement vehicles, or the lawful use of surveillance
equipment under the direct or immediate control of a law enforcement officer
who is present at the location of the surveillance equipment.
(Committee vote: 6-4-1)
                                     H. 144
   An act relating to sex offender registration and community notification.

                                     - 254 -
   Rep. Kainen of Hartford, for the Committee on Judiciary, recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. 13 V.S.A. § 5401 is amended to read:
§ 5401. DEFINITIONS
   As used in this subchapter:
                                        ***
         (10) “Sex offender” means:
           (A) A person who is convicted of any of the following offenses:
                                        ***
            (v) prohibited acts as defined in 13 V.S.A. § 2632 if the factual
basis for the crime satisfies the elements for sexual assault as defined in
13 V.S.A. § 3252, lewd and lascivious conduct as defined in 13 V.S.A. §
2601;
              (vi) an attempt to commit any offense listed in this subdivision.
                                        ***
         (B) A person who is convicted of any of the following offenses
against a victim who is a minor, except that, for purposes of this subdivision,
conduct which is criminal only because of the age of the victim shall not be
considered an offense for purposes of the registry if the perpetrator is under the
age of 18:
              (i) any offense listed in subdivision (A);
              (ii) kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);
            (iii) lewd and lascivious conduct with a child as defined in
13 V.S.A. § 2602;
              (iv) white slave traffic as defined in 13 V.S.A. § 2635;
              (v) sexual exploitation of children as defined in 13 V.S.A. chapter
64; or
          (vi)      or procurement or solicitation as defined in 13 V.S.A.
§ 2632(a)(6);
             (vii) an attempt to commit any offense listed in this subdivision;
except that, for purposes of this subdivision, conduct which is criminal only
because of the age of the victim shall not be considered a criminal offense if
the perpetrator is under the age of 18.
                                      - 255 -
         (C) A person who takes up residence within this state, other than
within a correctional facility, and who has been convicted in any jurisdiction of
the United States, including a state, territory, commonwealth, the District of
Columbia, or military, federal, or tribal court, for a sex crime the elements of
which would constitute a crime under subdivision (10)(A) or (B) of this section
if committed in this state.
        (D) A nonresident offender who crosses into Vermont and who is
employed, carries on a vocation, or is a student.
                                      ***
       (13) “Employed, carries on a vocation” includes employment that is
full-time or part-time for a period of time exceeding 10 days or for an
aggregate period of time exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of governmental or
educational benefit.
      (14) “Student” means a person who is enrolled on a full-time or
part-time basis in any public or private educational institution, including any
secondary school, trade or professional institution, or institution of higher
learning.
      (15) “Conviction” means a judgment of guilty following a verdict or
finding of guilt, a plea of guilty, a plea of nolo contendere, an Alford Plea, or a
judgment of guilt pursuant to a deferred sentence for the period of the deferred
sentence.
      (16) “Risk” means the degree of dangerousness that a sex offender poses
to others. Dangerousness includes the probability of a sexual reoffense.
Sec. 2. 13 V.S.A. § 5402 is amended to read:
§ 5402. SEX OFFENDER REGISTRY
   (a) The department of public safety shall establish and maintain a sex
offender registry, which shall consist of the information required to be filed
under this subchapter.
   (b) All information contained in the registry may be disclosed for any
purpose permitted under the law of the state, including the use by:
     (1) local, state and federal law enforcement agencies exclusively for
engaging in lawful law enforcement purposes activities;
     (2) state and federal governmental agencies for the exclusive purpose of
conducting confidential background checks;


                                      - 256 -
      (3) any employer, including a school district, who is authorized by law
to request records and information from the Vermont criminal information
center, where such disclosure is necessary to protect the public concerning
persons required to register under this subchapter. The identity of a victim of
an offense that requires registration shall not be released; and
      (4) a person identified as a sex offender in the registry for the purpose of
reviewing the accuracy of any record relating to him or her. The identity of a
victim of an offense that requires registration shall not be released.
   (c) Nothing in this subchapter shall be construed to prevent law
enforcement officers, and employees of the departments of public safety and
corrections from notifying members of the public of any person required to
register under this subchapter who poses a danger to such persons under
circumstances that are not enumerated in this act.
   (c)(d) The departments of corrections and public safety shall adopt rules,
forms and procedures under chapter 25 of Title 3 to implement the provisions
of this subchapter.
Sec. 3. 13 V.S.A. § 5404 is amended to read:
§ 5404. REPORTING UPON RELEASE FROM CONFINEMENT OR
         SUPERVISION
   (a) Prior Upon receiving a sex offender from the court on a probationary
sentence or any alternative sentence under community supervision by the
department of corrections or prior to releasing a sex offender from confinement
or supervision, the department of corrections shall forward to the department
the following information concerning the sex offender:
       (1) an update of the information listed in subsection (a) of section 5403
of this title;
      (2) the address upon release; and
      (3) conditions of release;
       (4) name, address, and telephone number of any supervisory person the
local department of corrections office in charge of monitoring the sex offender,
including the sex offender’s probation or parole officer;
      (5) name, address, name of program and telephone number of any
counselor or therapist who will provide outpatient counseling to the sex
offender; and
      (6) documentation of any treatment or counseling received.


                                     - 257 -
   (b) The department of corrections shall notify the department within 24
hours of the time a sex offender changes his or her address and shall provide
the department with any updated information requested by the department.
   (c) The information required to be provided by subsection (a) of this
section shall also be provided by the department of corrections to a sex
offender’s parole or probation officer within three days of the time a sex
offender is placed on probation or parole by the court or parole board.
   (d) Upon If it has not been previously submitted, upon receipt of the
information to be provided to the department pursuant to subsection (a) of this
section, the department shall immediately transmit the conviction data and
fingerprints to the Federal Bureau of Investigation.
Sec. 4. 13 V.S.A. § 5405 is amended to read:
§ 5405. COURT DETERMINATION OF SEXUALLY VIOLENT
    PREDATORS
                                     ***
  (e) After making a determination, the court shall issue a written decision
explaining the reasons for its determination and provide a copy of the decision
to the department within 10 days.
   (f) After a period of ten years has passed from the date the person is no
longer under corrections supervision, a person designated as a sexually violent
predator may petition the court to remove the designation. If the court finds
that the petitioner has shown by clear and convincing evidence that he or she is
no longer a sexually violent predator, the court shall order the termination of
the designation. If the court does not order the termination of the designation,
the person may not petition the court again for removal of the designation for a
period of five years from the date of the last request.
Sec. 5. 13 V.S.A. § 5406 is amended to read:
§ 5406. DEPARTMENT OF CORRECTIONS DUTY TO PROVIDE
        NOTICE
   Upon receiving a sex offender from the court on a probationary sentence or
any alternative sentence under community supervision by the department of
corrections, or upon the release of a sex offender from prison, the department
of corrections shall do each of the following:
       (1) inform the sex offender of the duty to register and keep the
registration current as provided in section 5407 of this title;


                                    - 258 -
      (2) inform the sex offender that if the sex offender changes residence to
another state, the sex offender shall notify the department of the new address
and shall also register with the designated law enforcement agency in the new
state not later than three days after establishing residence in the new state, if
the new state has a registration requirement; and
      (3) require the sex offender to read and sign a form stating that the duty
of the sex offender to register under this section has been explained and is
understood. The registration form shall be sent to the department without
delay; and
      (4) inform the sex offender that if he or she crosses into another state for
purposes of employment, carrying on a vocation, or being a student, the sex
offender must notify the department of the new address, and shall register with
the designated law enforcement agency in the other state, if the other state has
a registration requirement.
Sec. 6. 13 V.S.A. § 5407 is amended to read:
§ 5407. SEX OFFENDER’S DUTY TO REPORT
   (a) A sex offender shall report to the department as follows:
      (1) within 10 days after establishing residence in this state or crossing
into this state for purposes of employment, carrying on a vocation, or being a
student, if convicted in another state, the sex offender shall provide the
information listed in subsection (a) of section 5403 of this title;
      (2) annually within 10 days after each anniversary of the person’s date
of release, or within 10 days after the anniversary of the person’s date of
establishment of residence in Vermont, or crossing into this state for purposes
of employment, carrying on a vocation, or being a student, if convicted
elsewhere, except, if a person is determined to be a sexually violent predator,
that person shall report to the department every 90 days; and
      (3) within three days after any change of address.
    (b) If a sex offender changes residence to another state, or crosses into
another state for purposes of employment, carrying on a vocation, or being a
student, the sex offender shall notify the department of the new address and
shall also register with the designated law enforcement agency in the new state
not later than three days after establishing residence in the new state, if the new
state has a registration requirement.
   (c) Upon a sex offender’s change of residence to another state, the
department shall immediately notify the designated law enforcement agency in
the new state, if the new state has a registration requirement.

                                      - 259 -
   (d) The report required by this section shall include the information
required by sections 5303 5403 and 5304 5404 of this chapter.
   (e) All reporting requirements under this section, except for sexually
violent predators, shall cease 10 years after the sex offender is released from
prison or discharged from probation or parole, whichever is later. The 10- year
period shall not be affected or reduced in any way by the actual duration of the
offender’s sentence as imposed by the court, nor shall it be reduced by the sex
offender’s release on parole or ending of probation or other early release.
Except as provided for in subsection (f) of this section, a person required to
register as a sex offender under this subchapter shall continue to comply with
this section except during periods of incarceration, until 10 years have elapsed
since the person was released from prison or discharged from parole,
supervised release, or probation, whichever is later. The 10- year period shall
not be affected or reduced in any way by the actual duration of the offender’s
sentence as imposed by the court, nor shall it be reduced by the sex offender’s
release on parole or ending of probation or other early release.
   (f) A person required to register as a sex offender under this subchapter
shall continue to comply with this section for the life of that person, except
during periods of incarceration, if that person:
      (1) has at least one prior conviction for an offense d escribed in
subdivision 5401(10) of this subchapter;
       (2) has been convicted of a sexual assault as defined in section 3252 of
this title or aggravated sexual assault as defined in section 3253 of this title;
however, a person convicted under section 3252 who is not more than six years
older than the victim of the assault who is 14 years or older shall not be
required to register for life if the age of the victim was the basis for the
conviction; or
      (3) has been determined to be a sexually violent predato r pursuant to
subdivision 5401(12) of this subchapter.
   (g) The department shall adopt forms and procedures for the purpose of
verifying the addresses of persons required to register under this subchapter in
accordance with the requirements set forth in section (b)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act. Every 90 days for sexually violent predators and annually
for other registrants, the department shall verify addresses of registrants by
sending a nonforwardable address verification form to each registrant at the
address last reported by the registrant. The registrant shall be required to sign
and return the form to the department within 10 days of receipt.
Sec. 7. 13 V.S.A. § 5411 is amended to read:
                                     - 260 -
§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT AND
         LOCAL COMMUNITY
    (a) Upon receiving a sex offender’s registration materials from the
department of corrections, notification that a nonresident sex offender has
crossed into Vermont for the purpose of employment, carrying on a vocation,
or being a student, or a sex offender’s release or change of address, including
changes of address which involve taking up residence in this state, the
department shall immediately notify the local law enforce ment agency of the
following information, which may be used only for lawful law enforcement
purposes activities:
      (1) name;
      (2) general physical description;
      (3) nature of offense;
      (4) sentence;
      (5) conditions of release;
      (6) the fact that the registry has on file additional information, including
the sex offender’s photograph and fingerprints; and
      (7)(6) current employment.
    (b) The Except as provided for in subsection (c) of this section, the
department of public safety, and any local law enforcement agency authorized
by the department of public safety, shall release relevant registry information
necessary to protect the public concerning persons required to register under
state law if the requestor can articulate a specific concern about the requestor’s
personal safety or the safety of the requestor’s family. However, the identity
of a victim of an offense shall not be released.
    (c) After 10 years have elapsed from the completion of the sentence, a
person required to register as a sex offender for life pursuant to section 5407 of
this title may petition the district court for a termination of notification. The
state shall make a reasonable attempt to notify the victim of the proceeding and
consider victim testimony regarding the petition. If the registrant was
convicted of a crime which requires lifetime registration, there shall be a
rebuttable presumption that the person is a high-risk sex offender. Should the
registrant present evidence that he or she is not a high risk offender, the state
shall have the burden of proof to establish by a preponderance of the evidence
that the person remains a high risk to reoffend. If the court finds that there is a
high risk of reoffense, notification shall continue. The Vermont District Court

                                     - 261 -
Civil Rules shall apply to these proceedings. A registrant may petition the
court to be removed from the registry once every 30 months.
Sec. 8. 13 V.S.A. § 5412 is amended to read:
§ 5412. IMMUNITY
   Nothing in this subchapter shall be construed to prevent law enforce ment
officers from notifying members of the public exposed to danger of any
persons that pose a danger under circumstances that are not enumerated in this
subchapter. Law enforcement agencies and their employees, state officials, the
departments of public safety and corrections, and their employees, independent
contractors, and staff acting at the direction of these agencies, or pursuant to
guidance promulgated by the departments of public safety and corrections,
shall be immune from liability in carrying out the provisions of this subchapter
except in instances of gross negligence or willful misconduct.
Sec. 9. 13 V.S.A. §§ 5414-5416 are added to read:
§ 5414. PARTICIPATION IN NATIONAL SEX OFFENDER
        REGISTRATION
   The department will participate in the national sex offender registry
program managed by the Federal Bureau of Investigation in accordance with
guidelines issued by the U.S. Attorney General, including transmission of
current address information and other information on registrants to the extent
provided by the guidelines.
§ 5415. APPLICATION
   This subchapter shall apply to the following persons:
      (1) A sex offender convicted in this state on or after July 1, 1996.
      (2) A sex offender convicted in this state or in any jurisdiction of the
United States, including a state, territory, commonwealth, the District of
Columbia, or military, federal, or tribal court prior to July 1, 1996, confined
under the custody of the commissioner of corrections, and released from
confinement in this state on or after July 1, 1996.
      (3) A sex offender who was convicted in this state or in any jurisdiction
of the United States, including a state, territory, commonwealth, the District of
Columbia, or military, federal, or tribal court prior to July 1, 1996 and was
being supervised in the community in this state by the commissioner of
corrections on July 1, 1996.
    (4) A sex offender who was convicted or released from confinement in
any jurisdiction of the United States, including a state, territory,
                                     - 262 -
commonwealth, the District of Columbia, or military, federal, or tribal court on
or after July 1, 1986 and who establishes residence or who crosses into this
state and is employed, carries on a vocation, or is a student on or after July 1,
1996.
(Committee vote: 7-2-2)
                                     H. 198
   An act relating to apprenticeship training.
   Rep. Dostis of Wate rbury, for the Committee on Comme rce, recommends
the bill ought to pass.
( Committee Vote: 11-0-0)
   Rep. Symington of Jericho, for the Committee on Ways and means,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. 21 V.S.A. § 1103(b) is amended to read:
   (b) The department of employment and training may charge fees to the
employers of apprentices registered in Vermont and to nonregistered
individuals to help offset the cost of apprenticeship related instruction provided
by the department. The charges shall not exceed $1.50 per classroom hour for
Vermont registered apprentices and $3.00 per classroom hour for all othe rs.
An employer shall not charge any apprentice for any of the fees charged to the
employer under this section, nor shall an employer reduce an employee’s
compensation in any manner in order to recover these fees from any
apprentice. The fees shall be used, in conjunction with other approved funds,
to provide classroom instruction primarily for Vermont registered apprentices.
The Vermont department of employment and training may adopt rules to carry
out this provision.
Sec. 2. EFFECTIVE DATE
   This act shall take effect upon passage.
(Committee vote: 6-2-3)
Amendment to be offered by Rep. Quaid of Williston to the
recommendation of amendment of the Committee on Ways and Means to
H. 198
Moves to amend the proposal of amendment in Sec. 1 by striking the
following: “An employer shall not charge any apprentice for any of the fees
charged to the employer under this section, nor shall an employer reduce an


                                     - 263 -
employee’s compensation in any manner in order to recover these fees from
any apprentice.”
                                      H. 228
   An act relating to the disclosure of nonpublic information by financial
institutions.
    Rep. Young of Orwell, for the Committee on Comme rce, recommends the
bill be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
Sec. 1. 8 V.S.A. § 22 is added to read:
§ 22. FINANCIAL PRIVACY
   (a) The legislature finds that it is the policy of Vermont to protect the
privacy of the customers of financial institutions without unduly inhibiting the
free flow of commerce or legitimate law enforcement activities. The
commissioner shall have the authority to implement this policy to the extent set
forth in subsection (b) of this section.
   (b) The commissioner may adopt rules pursuant to chapter 25 of Title 3
necessary to implement Title V of the Financial Services Modernization
(Gramm-Leach-Bliley) Act, 15 U.S.C. Chapter 94, for those financial
institutions not subject to the regulations of a federal functional regulator or the
Federal Trade Commission under that chapter. Such rules shall be consistent
with, and not more extensive or restrictive than, those provisions contained in
or the rules and regulations adopted under 15 U.S.C. Chapter 94. For purposes
of this section, “federal functional regulator” shall have the same meaning as
defined in 15 U.S.C. § 6809(2), and “financial institution” shall have the same
meaning as defined in 15 U.S.C. § 6809(3).
Sec. 2. REPEAL
   8 V.S.A. chapter 200, subchapter 2 is repealed.
Sec. 3. EFFECTIVE DATE
   This act shall take effect upon passage.
(Committee vote: 11-0-1)
Amendment to be offered by Rep. Pugh of South Burlington to the
recommendation of amendme nt of the Committee on Commerce to H. 228
  Moves to amend the proposal of amendment of the Committee on
Commerce by adding two new to read:
Sec. 2. SUNSET

                                      - 264 -
  8 V.S.A. § 22 shall sunset on July 1, 2004.
Sec. 3. STUDY
   The Department of Banking, Insurance, Securities, and Health Care
Administration and the Office of the Attorney General shall study the impact
of the repeal of 8 V.S.A. chapter 200, subchapter 2 and the addition of 8
V.S.A. § 22 on the financial privacy of consumers, and shall make
recommendations to the legislature in a report due January 1, 2003.
and by renumbering the remaining sections to be numerically correct.
Amendment to be offered by Reps. Keenan of St. Albans City, Milkey of
Brattleboro, Pugh of South Burlington and Vincent of Waterbury to the
recommendation of amendme nt of the Committee on Commerce to H. 228
   Move to amend the proposal of amendment in Sec. 1, 8 V.S.A. § 22(b), at
the end of the second sentence, before the period, by adding the following:
, except that with regard to medical information, the commissioner shall adopt
rules consistent with the model rules adopted by the National Association of
Insurance Commissioners
                                    H. 269
  An act relating to unclaimed property.
  Rep. Jordan of Middlesex, for the Committee on General, Housing and
Military Affairs, recommends the bill be amended as follows:
On page 2, line 1, following the word “will”, by inserting the words which has
been proved and allowed, and that when so amended the bill ought to pass.
(Committee vote: 11-0-0)
                  Action Postponed Until March 15, 2001
                                    H. 404
  An act relating to clarification of existing laws concerning marriage.
    Pending Question: Shall the amendment offered by Rep. Cross of
Winooski be substituted with the amendment offered by Rep. Flory of
Pittsford?




                                    - 265 -
                            NOTICE CALENDAR
                     Committee Bill for Second Reading
                                     H. 478
   An act relating to capital appropriations and state bonding.
   (Rep. Wood of Brandon will speak for the Committee on Institutions.)
                             PUBLIC HEARING
    Wednesday, March 28, 2001, Ethan Allen Room - 4 - 7 PM -
Commission on Higher Education
                                    INDEX
                               Action Calendar
H. 40       Wine & Beer                       3rd Reading            Page   250
H. 77       Credit/Debit Cards                3rd Reading                   250
               Rep. Kilmartin amend                                         250
H. 115      Education Tax Liability           3rd Reading                   250
H. 176      Higher Education Funding          3rd Reading                   251
H. 226      Motorized Scooters                3rd Reading                   251
H. 242      Delinquent Tax Collectors         3rd Reading                   251
H. 417      Health Insurance Coverage         3rd Reading                   251
H. 450      Fishing, F & W Penalties          3rd Reading                   251
               Rep. Kilmartin amend                                         251
J.R.S. 9    Flag Desecration                  3rd Reading                   251
H. 471      Voter Absentee Ballots            2nd Reading                   251
H. 472      Voter Registration                2nd Reading                   251
               Rep. Kiss amend                                              252
H. 475      Act 250 Appeals                   2nd Reading                   252
H. 476      Address Confidentiality           2nd Reading                   253
H. 477      Implements of Husbandry           2nd Reading                   253
H. 106      Search Warrants                   Fav. with Amend.              253
H. 144      Sex Offender Registration         Fav. with Amend.              254
H. 198      Apprenticeship Training           Fav. with Amend.              263
               Rep. Quaid amend                                             263
H. 228      Financial Disclosure              Fav. with Amend.              264
               Rep. Pugh amend                                              264
               Rep. Keenan et al amend                                      265
H. 269      Unclaimed Property                Fav. with Amend.              265
H. 404      Clarification of Marriage         Postponed until 3/15          265
                              Notice Calendar
H. 478      Capital Appropriations         2nd Reading                      266
                                   - 266 -

				
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