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					                House Calendar
                       WEDNESDAY, MARCH 22, 2000
                    78th DAY OF ADJOURNED SESSION

                            ORDERS OF THE DAY

               Unfinished Business of Thursday, March 16, 2000
                             For Action Under Rule 52
                                   J. R. H. 206
  Joint resolution relating to Plymouth cheese factory.
  (For text see House Journal 3-15-00)
                Unfinished Business of Friday, March 17, 2000
                     Committee Bill for Second Reading
                                       H. 852
  An act relating to patients’ access to their medical records.
  (Rep. Hingtgen of Burlington will speak for the Committee on Judiciary.)
  Amendment to be offered by Rep. Koch of Barre Town to H. 852
   Moves to amend the bill by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. POLICY AND PURPOSE
  (a) It is the policy of the state that:
      (1) Individually identifiable health care information is the property of
the individual who is the subject of the information and may be used only for
purposes authorized by law.
      (2) Individually identifiable health care information shall not be
disclosed without the prior authorization of the individual except as otherwise
permitted, authorized or required by law.
      (3) Nothing in this act shall be construed to preclude a custodian from
retaining a record of health care information.
  (b) It is the purpose of this act to clarify the law relating to:
     (1) Individual privacy and access to personal health care information.
                                      - 1074 -
       (2) The legal responsibilities of persons who obtain and use health care
information for lawful purposes, including health care providers, health care
facilities, insurance companies and employers, to maintain the security and
confidentiality of health care information during its acquisition, storage,
disclosure and disposition.
      (3) The creation, maintenance, storage and dissemination of health care
information.
Sec. 2. 18 V.S.A. chapter 221, subchapter 9 is added to read:
Subchapter 9. Health Care Information Practices
§ 9461. DEFINITIONS
   For the purposes of this subchapter,
      (1) “Amend” means to indicate one or more disputed entries in health
care information or to change the entry without obliterating or removing the
original information.
      (2) “Custodian” means any person who obtains health care information
for any lawful purpose, including a health care provider, health care facility or
health insurer that creates, controls or retains health care information.
“Custodian” includes a natural person only when the health care information is
obtained in the course of the person’s employment, agency or performance of
services or activities for a custodian.
      (3) “Disclosure” means the release of health care information, except a
release to the individual who is the subject of the health care information, in
any manner, including any subsequent release of health care information by a
person to whom health care information was disclosed.
      (4) “Health care” means any preventive, diagnostic, therapeutic,
rehabilitative, surgical, maintenance or palliative care, counseling, service or
procedure provided to an individual for the individual’s physical or mental
condition or the structure or function of any part of the human body, including
the sale or dispensing of medication or durable goods pursuant to a
prescription.
      (5) “Health care facility” means any business organization and its
employees, including a facility or institution, whether public or private,
proprietary or not-for-profit, that offers health care to two or more unrelated
persons, in an inpatient, outpatient or ambulatory care setting.
      (6) “Health care information” or “information” means any data or
information, whether oral or recorded, in any form or medium, that relates to
the individual’s health history, health care or health status, and was initially
                                    - 1075 -
obtained by a health care provider in the course of providing health care, or by
a health care facility or a health insurer or by an agent or employee of a health
care provider, health care facility or health insurer, and contains information or
other means that permits identification of the individual or can reasonably
identify the individual by reference to publicly available information. “Health
care information” does not include information that has been made anonymous
by the removal of personal identifiers and any other means of directly
identifying or contacting the individual by encrypting the identifiers or
replacing the identifiers with a code that prevents identification of the
individual, so that the individual’s identity may be determined by using the
encryption key or decoding system.
       (7) “Health care provider” or “provider” means a natural person who is
licensed, certified or authorized by law to provide professional health care in
this state to an individual during that person’s health care, treatment or
confinement, and includes an employee or an agent of the health care provider
who, in the course of employment, obtains health care information for the
health care provider or any natural person who is providing direct health care
to the individual under the supervision of a health care provider.
      (8) “Health care record” means all written and recorded health care
information about an individual maintained by a custodian.
      (9) “Health insurer” means an insurance company that offers health
insurance, as defined in 8 V.S.A. § 4061, to the public; a nonprofit hospital and
medical service corporation; a managed care organization, as defined in section
9402 of this title; and any administrator of an insured, self-insured or publicly
funded health care benefit plan offered by a public or private entity.
      (10) “Individual” means a natural person, alive or dead, who is the
subject of health care information and includes, when appropriate, the
individual’s attorney-in-fact, legal guardian, health care agent as defined in 14
V.S.A. chapter 141, executor or administrator.
§ 9462. DISCLOSURE OF HEALTH CARE INFORMATION;
        GENERALLY
   (a) Health care information shall be confidential and shall not be disclosed
by any custodian except as provided in this subchapter, or as otherwise
permitted, authorized or required by law. A disclosure of health care
information by any custodian shall be limited to:
      (1) Persons who require the health care information for a lawful purpose
provided the purpose is not to market goods, services or insurance products,
unless the individual provides clear and conspicuous written consent.

                                    - 1076 -
     (2) The minimum amount of information reasonably necessary to
accomplish the lawful purpose for the disclosure.
   (b) A custodian shall not disclose health care information for the purpose of
marketing goods, services or insurance products to other persons or to
corporate affiliates of the custodian, unless the individual provides clear and
conspicuous written consent.
   (c) A custodian that is a health care provider, health care facility or health
insurer shall document in writing all disclosures made to any person who is not
in an agency, employment or independent contractor relationship with the
custodian, and that documentation shall be retained in the individual’s health
care record. A written documentation of disclosures shall include the
following information:
     (1) The name, address and institutional affiliation, if any, of the person
to whom the health care information is disclosed.
      (2) The date and purpose of the disclosure.
      (3) A description of the health care information disclosed.
      (4) The authority for the disclosure.
   (d) Documentation of disclosures between health care providers for the
purpose of providing health care to an individual may be limited to the name of
the provider to whom health care information is disclosed and the date of the
disclosure.
   (e) No person to whom health care information is disclosed may use the
information for any purpose other than the lawful purpose for which it was
disclosed.
   (f) The provisions of this subchapter shall not be construed to limit or
expand access to or use of health care information by law enforcement officials
when acting within the scope of their official duties involving the investigation
and prosecution of state or federal crimes.
   (g) No provision of this subchapter shall:
      (1) affect any state or federal law that:
         (A) restricts to a greater extent the disclosure of specific health care
information to a person other than the individual; or
         (B) permits, authorizes or requires the disclosure of health care
information.



                                     - 1077 -
      (2) be construed to be or to operate as a waiver of the individual's
confidentiality rights or privileges provided by federal or state laws, common
law or rules of evidence.
§ 9463. AUTHORIZATION FOR DISCLOSURE; VALIDITY;
         REVOCATION
   (a) A custodian shall disclose health care information only pursuant to a
valid authorization from the individual, except as provided by this subchapter
or otherwise permitted, authorized or required by law.
    (b) An authorization to disclose health care information shall be retained as
part of the individual’s health care record. An authorization shall be valid if it
is in writing or in electronic form and includes all the following:
      (1) The identity of the individual.
      (2) A description of and the time frame covered by the health care
information to be disclosed.
      (3) The name and address of the person to whom the health care
information is to be disclosed. An authorization provided to a health insurer to
support payment of benefits under a health insurance policy is not required to
include the names and addresses of agents or contractors of the insurer.
      (4) The purpose of the disclosure and, to the extent known, the scope of
any further disclosures that may be made to carry out the lawful purpose for
which the disclosure is requested, provided those disclosures are not otherwise
prohibited by law.
       (5) A statement of any restrictions that the individual may impose
relating to disclosure of information related to specific health conditions.
       (6) The signature of the individual and the date signed or, if in electronic
form, a unique identifier of the individual and the date the individual
authenticated the electronic authorization. For the purposes of an authorization
provided to support an application for a health insurance policy or a claim for
health insurance benefits, the signature of the named insured shall be deemed
the signature of all individuals covered under the health insurance policy.
      (7) A statement that informs the individual that he or she may revoke the
authorization at any time subject to the rights of:
         (A) Any person who acted in reliance on the authorization prior to
revocation.



                                     - 1078 -
         (B) Any law enforcement personnel engaged in the prosecution or
investigation of a crime to continue to use any information obtained prior to
revocation for the purpose of the prosecution or investigation.
  (c) An authorization to provide or pay for health care shall be on a separate
document.
   (d) An authorization may specify a duration of validity, but in no event
shall an authorization be valid for longer than one year except for one of the
following purposes:
      (1) To support payment of benefits under a health insurance policy, in
which case the authorization shall remain valid during the entire term of the
policy and during the term of any subsequent health insurance policy that
covers the individual and is sponsored by the same employer.
      (2) To support a claim or action for damages, benefits or compensation
brought by the individual, in which case the authorization shall remain valid
during the pendency of the claim.
       (3) To support an application for a health, life or disability insurance
policy, reinstatement of a policy or a change in benefits under an existing
policy, in which case the authorization shall remain valid for 30 months, or
until the application is denied, whichever occurs first.
       (4) To support or facilitate ongoing management of a chronic condition
or illness or rehabilitation from an injury.
      (e) An individual may revoke an authorization at any time, subject to the
rights of any person who acted in reliance on the authorization prior to
revocation. A revocation is also subject to the right of any law enforcement
personnel engaged in prosecution or investigation of a crime to use any
information obtained prior to revocation for the purpose prosecuting or
investigating the crime. A revocation of an authorization shall be valid if it is
in writing or in electronic form and complies with subdivision (b)(5) of this
section. A revocation of an authorization shall be retained in the individual’s
health care record.
   (f) The delivery to a third party of a prescription or counseling related to
the dispensing of the prescription, based on a verbal request from the
individual for whom the prescription was issued, shall not be treated as a
disclosure of health care information.
§ 9464. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION
   (a) A custodian may, but is not required to, disclose health care information
without authorization in the following circumstances:

                                    - 1079 -
      (1) Among health care providers who are providing health care to the
individual and any referring health care providers to the extent the information
is necessary to provide appropriate ongoing health care.
      (2) Among a custodian and an agent, employee or independent
contractor of the custodian in order to carry out the custodian’s lawful
purposes, including delivery of health care, risk management, quality
assurance, utilization review and peer review activities and activities that
support the processing and payment of health insurance claims.
       (3) Between a custodian and a public or private program authorized by
statute or regulation to perform peer review, utilization review or assessment,
evaluation or investigation of the quality of health care provided by a
custodian.
       (4) To a health care provider, a member of the individual’s immediate
family or a person with whom the individual is known to have a close personal
relationship when the individual lacks the capacity to consent and the
disclosure is made in accordance with good professional practice by a health
care provider and is necessary to provide appropriate health care to the
individual, to the extent that the disclosure has not been limited or prohibited
by the individual prior to the incapacity of the individual.
       (5) To a successor in interest of a custodian that is a health care provider
or health care facility, provided the custodian gives the individual notice of the
disclosure and an opportunity to designate a different provider or facility to
receive the health care information at least 30 days prior to the disclosure.
Notice under this subdivision shall not be required of a custodian that only
sells pharmaceuticals or health care equipment and devices, or both.
       (6) To provide necessary health care information about an individual
who is a donor or a potential donor of an anatomical gift, and who is deceased,
or who is facing imminent and certain death and lacks the capacity to consent,
for the purposes of effecting that gift in accordance with chapter 109 of this
title.
       (7) To conduct a scientific research project that has been approved by an
institutional review board, which, for the purposes of this subdivision, means
any board, committee or other group formally designated by a health care
facility or authorized under federal law to review, approve or conduct periodic
review of research programs, provided that the project:
          (A) contains adequate safeguards to assure that any information in
any report of the research project does not identify the individual, directly or
indirectly, through reference to publicly available information; and

                                     - 1080 -
         (B) does not require direct contact with an individual unless the
individual has received notice from the custodian disclosing the information
that such contact is possible and has authorized the contact.
       (8) The disclosure is limited to directory information, and the individual
lacks the capacity to consent to the disclosure, unless the individual has
restricted that disclosure. For the purposes of this subdivision, “directory
information” means information about the presence of an individual at a
hospital as a patient and the general physical health condition of the individual
who is an inpatient or is receiving emergency health care in a health care
facility. “General health condition” means the individual’s general health
condition or status described as “critical,” “poor,” “fair,” “good,” “excellent”
or in other terms that denote similar conditions.
      (9) To the department of corrections and its service providers in the
performance of the department’s statutorily and constitutionally required duties
to provide health care to inmates. Upon request, an inmate shall be provided
with a copy of his or her health care record maintained by the department of
corrections or by a contractor of the department that is a health care provider
that has provided health care to the inmate.
      (10) To any professional licensing, registration or certification authority
in response to a complaint from the individual.
      (11) From an emergency medical technician to law enforcement officers
to the extent the information is relevant to a criminal investigation and was
obtained by the emergency medical technician by observation of the individual
or by hearing a spontaneous and unsolicited utterance from the individual.
      (12) Among property and casualty insurers, reinsurers, insurer data
bases and anti-fraud organizations and their agents, employees or contractors,
in order to carry out the insurer’s lawful purposes.
   (b) Nothing in this section shall be interpreted to supersede any statutory or
ethical standard of professional conduct that restricts disclosures to a greater
extent.
§ 9465. MANDATORY DISCLOSURES
   (a) A custodian shall disclose health care information in the following
circumstances:
       (1) The disclosure is to a federal or state agency to conduct a lawful
audit, evaluation, investigation or prosecution of insurance fraud or a violation
of any law relating to the provision of health care or the payment for health
care by a health care provider, health care facility or health insurer. Health
care information disclosed under this subdivision may not be used in any
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criminal, civil, administrative or disciplinary action or investigation against the
individual unless the action or investigation involves the individual
as a participant with the health care provider, health care facility or health
insurer in a violation under this subdivision.
       (2) The disclosure is to federal, state, county or municipal governmental
authorities to the extent the custodian disclosing the health care information is
required by any law to report health care information or to disclose health care
information to determine compliance with federal or state laws or regulations
relating to professional licensure, certification or registration.
       (3) The disclosure is to a state or federal governmental authority, as
required by law, to perform a financial audit, quality assurance review or
utilization review.
      (4) When a custodian who is a health care provider currently providing
health care to an individual has determined, based on reasonable professional
judgment, that the individual threatens imminent serious r physical injury to
any other reasonably identifiable natural person, or if the individual is a minor
who poses an imminent substantial risk of serious physical injury to himself or
herself, and the individual has the intent and ability to carry out the threat in
the foreseeable future, the custodian shall disclose health care information to
the minimum number of persons necessary in order to avoid or minimize the
risk. The custodian shall inform the individual of any disclosures made
pursuant to this subdivision as soon as reasonably practicable consistent with
good professional judgment. Absent an express intention and apparent ability
to infect another person, the presence of an infectious disease shall not
constitute a risk of danger for the purposes of this subdivision. Health care
information disclosed under this subdivision may be used only for the limited
purpose of avoiding or minimizing the risk. Health care information disclosed
under this subdivision shall not be used in any criminal, civil, administrative or
disciplinary action or investigation against the individual. Disclosures made
pursuant to this subdivision shall be documented as required by subsection
9462(b) of this title.
      (5) The disclosure is based on a reasonable belief by a health care
provider who has provided health care to the individual that the information is
needed for one of the following purposes:
         (A) To identify a deceased individual.
        (B) To determine the cause and manner of death by a chief medical
examiner or the medical examiner’s designee.


                                     - 1082 -
      (6) When a health care provider currently providing treatment to the
individual determines that the individual lacks the capacity to make health care
decision, the health care provider shall immediately notify the individual’s
agent under a durable power of attorney for health care, or any similar legal
document, of the individual’s location and condition.
   (b) Documentation as required by section 9462(b) of this title is not
required for disclosures made pursuant to subdivisions (a)(1), (2), (3) or (5) of
this section.
§§ 9466. INDIVIDUAL RIGHT TO ACCESS HEALTH CARE
         RECORD; CHARGES
   (a) A custodian shall release or provide health care information, upon
request, to the individual and to any other person pursuant to a valid
authorization executed by the individual.
   (b) Except where circumstances beyond the reasonable control of the
custodian do not permit it:
      (1) A custodian shall permit an individual to inspect his or her health
care record maintained by the custodian on the premises at reasonable times
and places, but in no event, more than two business days after the custodian
receives a written or oral request.
      (2) If the record is stored off the custodian’s premises, the custodian
shall provide the record as soon as possible, but in no event later than five
business days after receipt of the oral or written request.
   (c) No later than ten business days after receipt of a written request from an
individual or from a person authorized to receive a copy of the individual’s
health care record, a custodian shall:
      (1) Provide to the individual, in the format requested, a copy of the
requested information. If a custodian does not maintain the information in the
format requested, the custodian is not required to reformat an existing health
care record.
      (2) Notify the individual that the custodian does not have access to the
information and, if known, the name and address of the custodian of the
requested information; or if access to the information is delayed due to
circumstances beyond the control of the custodian, when the information will
be available, which shall not be later than an additional 20 days after receipt of
the request.
   (d) A custodian shall explain any code, abbreviation, term or notation used
by that custodian in the health care information on request by the individual.
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   (e) The custodian may impose a charge that is no more than a flat $5.00 fee
or no more than $0.50 per page, whichever is greater, for providing copies of
the individual’s health care record. The custodian shall provide the individual
or the authorized recipient with an itemized bill for the charges assessed. A
custodian shall not charge for providing copies of any health care record
requested to support a claim or an appeal under any provision of the Social
Security Act or for any other federal or state needs-based benefit or program.
   (f) A custodian may charge a fee, reasonably related to the associated costs,
for providing copies of x-rays, films or models to the individual.
§ 9467. RIGHT TO AMEND HEALTH CARE INFORMATION
   (a) A custodian shall not delete, erase or obliterate health care information
in a health care record that the custodian controls or maintains.
   (b) An individual may request in writing that a custodian amend the
individual’s health care record in order to improve the accuracy or
completeness of the information, provided that the original information is not
deleted, erased or obliterated from the health care record. Within 30 days after
receipt of a written request from an individual to amend the health care record,
a custodian shall do one of the following:
      (1) Amend the record as requested.
      (2) Notify the individual that the request has been denied, the reason for
the denial, and that the individual may file a concise statement of what the
individual believes to be the correct information. The custodian shall include
and maintain in the individual’s health care record the individual’s request to
amend the statement, and shall disclose the individual’s statement at the same
time that the disputed information is disclosed.
§ 9468. LEGAL PROCESS; INTENT TO DISCLOSE; RIGHT TO OBJECT;
        LAW ENFORCEMENT
   (a) A custodian shall make a good faith effort to notify the individual prior
to any disclosure pursuant to legal process, including a court order, subpoena,
subpoena duces tecum or a discovery request, unless otherwise ordered by the
court. A custodian or the individual, or both, may object to a disclosure under
this section by filing an objection or a request for a protective order, or both, in
the appropriate forum.
   (b) A judge or other presiding officer in any judicial or quasi-judicial
proceeding may order that health care information disclosed pursuant to
subsection (a) of this section that is introduced into evidence or otherwise used
in that proceeding be placed under seal and reviewed in camera only and not
be made a public record.
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   (c) Disclosure of health care information as authorized by this subchapter
does not create any lawful authority permitting the custodian to comment upon
or testify about the health care information disclosed, unless authorized by law,
court order or by the prior written authorization of the individual.
§ 9469. RIGHTS OF MINORS
   A minor who lawfully may consent to health care without the consent of a
parent or legal guardian may exclusively exercise the rights of an individual
under this subchapter regarding information pertaining to the health care to
which the minor has lawfully consented.
§ 9470. REPRESENTATIVE OF DECEASED INDIVIDUAL
   An executor or administrator of a deceased individual or a person named in
a will or other legal instrument as an executor or administrator may exercise all
the rights of the deceased individual provided by this subchapter subject to any
written limitations or restrictions by the decedent that are included in the health
care record. If there is no executor or administrator, the rights of a deceased
individual may be exercised by a person designated in writing by the
individual for that purpose.
§ 9471. MAINTENANCE OF HEALTH CARE INFORMATION
   (a) A custodian shall develop and implement policies, standards and
procedures to protect the confidentiality, security and integrity of health care
information and to ensure that the information collected is handled in
accordance with the provisions of this subchapter and other applicable laws
and rules. The custodian shall also develop and implement policies, standards
and procedures to advise individuals of their rights under this subchapter and
the responsibility of health care providers to comply with the provisions of
section 9468 of this title. These procedures shall include:
      (1)   The use of nondisclosure and confidentiality policies and
agreements, which shall include guidelines for access to health care
information on a need-to-know basis only, and safeguards to enforce those
guidelines.
       (2) Initial and regular periodic training of all employees who use or have
access to health care information. The training shall be sufficient in frequency
and substance to assure that health care information maintained or used by the
custodian is used or handled only by employees who have received thorough
training regarding the requirements of this subchapter and any other related
laws, licensing rules or professional ethical standards.
      (3) Disciplinary measures for violations of the confidentiality procedure.

                                     - 1085 -
      (4) Identification of individuals who are authorized to disclose health
care information.
      (5) Methods for handling, disclosing, storing and disposing of health
care information, including procedures for appropriate responses to legal
process.
      (6) Audit trails with a date and time stamp to be stored with all
information entries in an electronic clinical record of health care information,
provided the requirements of this subdivision do not present an unreasonable
administrative or financial burden to the custodian.
      (7)    The use of encryption or other methods that ensure the
confidentiality of health care information when transmitting this information to
other health care providers, health care facilities or health insurers, provided
the requirements of this subdivision do not present an unreasonable
administrative or financial burden to the custodian.
   (b) An individual’s health care record generated, received or compiled by a
health care provider or health care facility shall be retained by the facility or
provider, or its successors or assigns, for a minimum period of ten years, or ten
years after the individual reaches the age of majority, whichever is longer.
Records related to the dispensing of drugs by a health care provider that is a
pharmacy shall be retained for a minimum period of three years, or for a longer
period if required by rule of the board of pharmacy.
   (c) Employers shall adopt and implement policies and procedures to ensure
that employee health care records are maintained separately and apart from
other employment records and are used only for the lawful health care
purposes for which the information was acquired.
   (d) A custodian that is not a health care provider or a health care facility
shall destroy health care information contained in a health care record when
there is no longer any lawful purpose for maintaining the information. Records
of clinical assessments retained by a health care provider or a health care
facility that were requested by the department of social welfare pursuant to the
family violence option shall be destroyed upon notice by the department to
relevant health care providers or facilities that the individual is no longer
receiving a family violence option waiver.
§ 9472. CIVIL REMEDIES; PRIVATE ACTION; ATTORNEY GENERAL
ENFORCEMENT
   (a) An individual who is injured as the result of a violation of this
subchapter may bring a civil action for the following:


                                    - 1086 -
      (1) Actual damages for a negligent disclosure or a negligent failure to
disclose in cases where there is a duty to disclose.
      (2) Actual damages and exemplary damages for violations caused by
willful or intentional conduct.
      (3) Temporary, preliminary, and equitable relief as the court deems
appropriate, in which case the court shall not require the moving party to
obtain a bond, unless the court finds that the granting of equitable relief may
cause substantial financial harm to the other party.
      (4) Reasonable attorney fees and costs which may be awarded when the
individual substantially prevails.
   (b) The penalties provided for in this section may be in addition to
penalties provided under Title 18 of the United States Code and applicable
federal regulations.
   (c) In any claim brought pursuant to subsection (a) of this section relating
to an unauthorized disclosure in which a custodian is being sued under a theory
of vicarious liability for the acts or omissions of the custodian’s employee, it
shall be an affirmative defense that the custodian complied in all material
respects with the requirements of section 9471 of this title.
   (d) In any claim brought pursuant to subsection (a) of this section against a
custodian for unauthorized disclosure of health care information, it shall be an
affirmative defense that the custodian disclosed the health care information in
good faith reliance on an authorization that meets the requirements of
subsection 9463(b) of this title and made the disclosure in compliance with this
subchapter.
   (e) Whenever the attorney general or a state’s attorney has reason to
believe that any person has knowingly violated any provision of this
subchapter and that prosecution under this section would be in the public
interest, the attorney general or state’s attorney may bring an action against the
person to enjoin violations of this subchapter. The attorney general and state’s
attorneys shall have the same power to investigate violations of this chapter as
is provided pursuant to 9 V.S.A. §§ 2451 et seq. An injunction issued under
this subsection shall be issued without bond. In addition to the relief provided
in this subsection, the attorney general or state’s attorney may request and the
court may order any other temporary or permanent relief as may be in the
public interest, including any or all of the following:
      (1) A civil penalty of not more than $10,000.00 per violation.
     (2) Actual damages suffered by the individuals or liquidated damages of
$1,000.00, whichever is greater.
                                    - 1087 -
      (3) The reasonable value of legal services provided and costs of
investigating and prosecuting the action.
   (f) Whenever a state’s attorney brings an action pursuant to subsection (e)
of this section a copy of the complaint shall be served on the attorney general.
Failure to comply with this subsection shall not affect the validity of any action
brought under subsection (e) of this section.
§ 9473. CRIMINAL PENALTIES
   Any person who willfully discloses health care information in violation of
this subchapter or who willfully uses a false authorization to examine or obtain
health care information shall be fined not more than $10,000.00 or imprisoned
for not more than two years, or both.
Sec. 3. 1 V.S.A. § 317(c)(29) is added to read:
      (29) Individual health care records, claims or encounter reports collected
by or provided to any public agency.
Sec. 4. 12 V.S.A. § 525 is added to read:
§ 525. ACTIONS BASED ON VIOLATIONS OF HEALTH CARE
       INFORMATION PRACTICES AND CONFIDENTIALITY
   An action for violation of subchapter 9 of chapter 221 of Title 18 shall be
commenced within three years after the cause of action accrues and not after.
The cause of action shall be deemed to accrue as of the date the violation was
discovered or reasonably should have been discovered.
Sec. 5. 12 V.S.A. § 1612 is amended to read:
§ 1612. PATIENTS' PRIVILEGE
   (a) Confidential information privileged. Unless the patient waives the
privilege or unless the privilege is waived by an express provision of law, a
person authorized to practice medicine, chiropractic or dentistry, a registered
professional or licensed practical nurse, or a mental health professional as
defined in 18 V.S.A. § 7101(13) health care provider as defined in 18 V.S.A.
§ 9461 shall not be allowed to disclose any health care information as defined
in 18 V.S.A. § 9461 acquired in attending a patient in a professional capacity,
including joint or group counseling sessions, and which was necessary to
enable the provider to act in that capacity. Disclosure authorized pursuant to
18 V.S.A. § 9464 or 9465 shall not be deemed to be a waiver of the privilege
provided under this section.
***


                                    - 1088 -
   (c) Mental or physical condition of deceased patient. A physician,
chiropractor or nurse shall be required to disclose any information as to the
mental or physical condition of a deceased patient privileged under subsection
(a), except information which would tend to disgrace the memory of the
decedent, either in the absence of an objection by a party to the litigation or
when the privilege has been waived:
      (1) by the personal representative, or the surviving spouse, or the next of
kin of the decedent; or
     (2) in any litigation where the interests of the personal representative are
deemed by the trial judge to be adverse to those of the estate of the decedent,
by any party in interest; or
      (3) if the validity of the will of the decedent is in question, by the
executor named in the will, or the surviving spouse or any heir-at-law or any of
the next of kin or any other party in interest.
Sec. 6. 12 V.S.A. § 1909(d) is amended to read:
   (d) A patient shall be entitled to a reasonable answer to any specific
question about foreseeable risks and benefits, and a medical practitioner shall
not withhold any requested health care information except to the extent that a
reasonable medical practitioner would withhold the information because the
manner and extent of such disclosure could reasonably be expected to
adversely and substantially affect the patient's condition, in which case the
medical practitioner shall provide the information to a member of the
immediate family, if reasonably available, notwithstanding the provisions of 12
V.S.A. § 1612(a) , as defined in 18 V.S.A. § 9461, which shall be disclosed in
accordance with the provisions of subchapter 9 of chapter 221 of Title 18.
Sec. 7. 15 V.S.A. § 670 is amended to read:
§ 670. ACCESS TO RECORDS
   Access to records and information pertaining to a minor child, including but
not limited to medical, dental health care information as defined in 18 V.S.A.
§ 9461, law enforcement and school records shall not be denied to a parent
solely because that parent has not been awarded parental rights and
responsibilities. The court may order that access to all or a portion of the
records or information shall be denied if access is not in the best interest of the
child or if access may cause detriment to the other parent including but not
limited to abuse.
Sec. 8. 18 V.S.A. § 1852 is amended to read:
§ 1852. PATIENTS' BILL OF RIGHTS; ADOPTION
                                     - 1089 -
   (a) The general assembly hereby adopts the "Bill of Rights for Hospital
Patients" as follows:
***
       (3) The patient has the right to obtain, from the physician health care
provider coordinating his or her care, complete and current information
concerning diagnosis, treatment, and any known prognosis in terms the patient
can reasonably be expected to understand, and to review health care
information in the patient’s health care record. A patient is entitled to a
reasonable answer to any specific question about his or her health care. If the
patient consents or if the patient is incompetent or unable to understand,
immediate family members or a guardian may also obtain and have access to
this information. When it is not medically advisable to give such information
to the patient, the information shall be made available to immediate family
members or a guardian. The patient has the right to know by name the
attending physician primarily responsible for coordinating his or her care
health care provider who has or is providing health care to the patient.
***
      (6) The patient has the right to every consideration of privacy
concerning the patient's own medical care program. Case discussion,
consultation, examination, and treatment are confidential and shall be
conducted discreetly. Those not directly involved in the patient's care must
have the permission of the patient to be present. This right includes the right,
upon request, to have a person of one's own sex the patient’s choice present
during certain parts of a physical examination, treatment or procedure
performed by a health care professional of the opposite sex; and the right not to
remain disrobed any longer than is required for accomplishing the medical
purpose for which the patient was asked to disrobe. The patient has the right to
wear appropriate personal clothing and religious or other symbolic items so
long as they do not interfere with diagnostic procedures or treatment.
      (7) The patient has the right to expect that all All communications and
records pertaining to his or her a patient’s care shall be treated as confidential.
Only medical personnel, or individuals under the supervision of medical
personnel, directly treating the patient, or those persons monitoring the quality
of that treatment, or researching the effectiveness of that treatment, shall have
access to the patient's medical records in accordance with the provision of
subchapter 9 of chapter 221 of this title. Others may have access to those
records only with the patient's written authorization.
***


                                     - 1090 -
   (b) Failure to comply with any provision of this section may constitute a
basis for disciplinary action against a physician under chapter 23 of Title 26
any health care provider as defined in section 9461 of this title. A complaint
may be filed with the board of medical practice that licenses the health care
provider.
   (c) A summary of the hospital's obligations under this section, written in
clear language and in easily readable print, A copy of this section and any
supplemental information necessary to assure that patients understand these
rights shall be distributed to patients upon admission and posted conspicuously
at each nurse's station. Such notice shall also indicate that as an alternative or
in addition to the hospital's complaint procedures, the patient may directly
contact the licensing agency or the board of medical practice. The address and
phone number of the licensing agency and board of medical practice and any
other relevant licensing, registration or certification board shall be included in
the notice.
Sec. 9. 18 V.S.A. § 7103(a) and (b) are amended to read:
§ 7103. DISCLOSURE OF INFORMATION
   (a) All certificates, applications, records and reports, other than an order of
a court made for the purposes of this part of this title, and directly or indirectly
identifying a patient or former patient or an individual whose hospitalization or
care has been sought under this part, together with clinical information relating
to such persons that individual shall be kept confidential and shall not be
disclosed by any person except insofar:
     (1) as the individual identified or his the individual’s agent under a
durable power of attorney for health care or legal guardian, if any (or, if he be
a minor, his parent or legal guardian), or if the individual is a minor, the
minor’s parent or legal guardian shall consent in writing; or
      (2) as disclosure may be necessary to carry out any of the provisions of
this part; or
      (3) as a court may direct upon its determination that disclosure is
necessary for the conduct of proceedings before it and that failure to make
disclosure would be contrary to the public interest.
   (b) Nothing in this section shall preclude disclosure, upon proper inquiry,
or information concerning medical condition to the members of the family of a
patient or to his clergyman, his physician, his attorney, or an interested party.
Sec. 10. 26 V.S.A. § 1354(10) is amended to read:
   The term "unprofessional conduct" as used in this chapter shall mean the
following items or any one or combination thereof; whether or not the conduct
                                  - 1091 -
at issue means one or more of the following whether the conduct was
committed within or without the state:
***
      (10) failure to furnish a patient's medical record make available health
care information and health care records to succeeding physicians or hospital
upon proper request the patient, a succeeding health care provider or health
care facility or an authorized recipient;
Sec. 11. 20 V.S.A. § 2355(h) is added to read:
   (h) The criminal justice training council shall develop a comprehensive
program to train law enforcement officers regarding the proper handling and
disclosure of health care information as required by 18 V.S.A. § 9471.
Sec. 12. 20 V.S.A. § 3153(a) is amended to read:
   (a) The council shall:
***
       (4) serve as the lead agency for hazardous chemical or substance
incident training provided to fire service personnel statewide. All state
agencies providing such training to fire service personnel shall coordinate the
training with the Vermont fire service training council;
     (5) develop a comprehensive program for firefighters regarding the
proper handling and disclosure of health care information as required by 18
V.S.A. § 9471.
Sec. 13. CONSTRUCTION
   This act is intended and shall be construed to overrule Peck v. Counseling
Service of Addison County, Inc., 146 Vt. 41(1985). A duty to warn by any
health care provider when the health care provider has determined that there is
a serious threat of imminent physical injury to another natural person or, that
the individual who is a minor poses an imminent substantial risk of serious
physical injury to herself or himself. This act shall not be construed to create a
duty to warn when the risk of danger is only to property.
Sec. 14. LEGISLATIVE REVIEW
   Upon enactment of legislation or adoption of regulations at the federal level
which might preempt or conflict with this act, the legislative council shall
report, within six months, to the house and senate committees on health and
welfare regarding what amendments to this act, if any, ought to be considered.
Sec. 15. EFFECTIVE DATE

                                    - 1092 -
   This act shall take effect on July 1, 2001.
                Unfinished Business of Monday March 20,2000
                                     H. 609
   An act relating to uniform electronic transactions.
   Pending Action: Reading of Committee report.
    Rep. Young of Orwell, for the Committee on Commerce, recommends the
bill be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
Sec. 1. 9 V.S.A. chapter 20 is added to read:
CHAPTER 20. UNIFORM ELECTRONIC TRANSACTIONS ACT
§ 200. SHORT TITLE
   This chapter may be cited as the Uniform Electronic Transactions Act.
§ 201. DEFINITIONS
   For purposes of this chapter:
      (1) “Agreement” means the bargain of the parties in fact, as found in
their language or inferred from other circumstances and from rules,
regulations, and procedures given the effect of agreements under laws
otherwise applicable to a particular transaction.
      (2)    “Automated transaction” means a transaction conducted or
performed, in whole or in part, by electronic means or electronic records, in
which the acts or records of one or both parties are not reviewed by an
individual in the ordinary course in forming a contract, performing under an
existing contract, or fulfilling an obligation required by the transaction.
      (3) “Computer program” means a set of statements or instructions to be
used directly or indirectly in an information processing system in order to
bring about a certain result.
      (4) “Contract” means the total legal obligation resulting from the
parties’ agreement as affected by this chapter and other applicable law.
      (5) “Consumer transaction” means:
         (A) any sale or lease, or the offer for sale or lease, to an individual
for personal, residential or household purposes, or to a person in connection
with the operation of a farm, of any goods, products or services by a seller who
is regularly and principally engaged in a business of selling goods, products or
services; and

                                     - 1093 -
         (B) any solicitation of, or agreement to make, a charitable
contribution within the meaning of 9 V.S.A., chapter 63, subchapter 2.
    (6) “Electronic” means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
      (7) “Electronic agent” means a computer program or an electronic or
other automated means used independently to initiate an action or respond to
electronic records or performances in whole or in part, without review or
action by an individual.
      (8) “Electronic record” means a record created, generated, sent,
communicated, received, or stored by electronic means. In a consumer
transaction, an electronic record does not include a voice communication or a
record of a voice communication.
     (9) “Electronic signature” means an electronic sound, symbol, or
process attached to or logically associated with a record, and executed or
adopted by a person with the intent to sign the record.
      (10) “Governmental agency” means an executive, legislative, or judicial
agency, department, board, commission, authority, institution, or
instrumentality of the federal government or of a state or of a county,
municipality, or other political subdivision of a state.
      (11) “Information” means data, text, images, sounds, codes, computer
programs, software, databases, or the like.
      (12) “Information processing system” means an electronic system for
creating, generating, sending, receiving, storing, displaying, or processing
information.
       (13) “Person” means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
governmental agency, public corporation, or any other legal or commercial
entity.
      (14) “Record” means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
      (15) “Security procedure” means a procedure employed for the purpose
of verifying that an electronic signature, record, or performance is that of a
specific person or for detecting changes or errors in the information in an
electronic record. The term includes a procedure that requires the use of
algorithms or other codes, identifying words or numbers, encryption, or
callback or other acknowledgment procedures.

                                   - 1094 -
      (16) “State” means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United States. The term includes
an Indian tribe or band, or Alaskan native village, which is recognized by
federal law or formally acknowledged by a state.
     (17) “Transaction” means an action or set of actions occurring between
two or more persons relating to the conduct of business, commercial, or
governmental affairs.
§ 202. SCOPE
   (a) Except as otherwise provided in subsection (b) of this section, this
chapter applies to electronic records and electronic signatures relating to a
transaction.
   (b) This chapter does not apply to a transaction to the extent it is governed
by:
      (1) A law governing the creation and execution of wills, codicils, or
testamentary trusts;
     (2) The Uniform Commercial Code, other than sections 1-107 and
1-206, Article 2, and Article 2A of Title 9A.
   (c) This chapter applies to an electronic record or electronic signature
otherwise excluded from the application of this chapter under subsection (b) of
this section when used for a transaction subject to a law other than those
specified in subsection (b).
   (d) A transaction subject to this chapter is also subject to other applicable
substantive law.
   (e) If a Vermont statute or regulation requires that the following disclosures
or notices be provided to a consumer subsequent to consummation of a
consumer transaction, such disclosures or notices must be given in writing:
notice of default, eviction, repossession, foreclosure, utility shutoff, insurance
denials, insurance cancellations, health care denials or notice of right to appeal.
§ 203. PROSPECTIVE APPLICATION
    This chapter applies to any electronic record or electronic signature
created, generated, sent, communicated, received, or stored on or after the
effective date of this chapter.
§ 204. USE OF ELECTRONIC RECORDS AND ELECTRONIC
       SIGNATURES; VARIATION BY AGREEMENT


                                     - 1095 -
   (a) This chapter does not require a record or signature to be created,
generated, sent, communicated, received, stored, or otherwise processed or
used by electronic means or in electronic form.
   (b) This chapter applies only to transactions between parties, each of which
has agreed to conduct transactions by electronic means. Whether the parties
agree to conduct a transaction by electronic means is determined from the
context and surrounding circumstances, including the parties’ conduct. An
agreement to conduct a consumer transaction by electronic means may not be
contained in a standard form contract that is not an electronic record. An
agreement in such a standard form contract may not be conditioned upon an
agreement to conduct transactions by electronic means. An agreement to
conduct a consumer transaction by electronic means may not be inferred solely
from the fact that a party has used electronic means to pay an account or
register a purchase or warranty. If a consumer transaction is solicited or
negotiated by any voice communication by telephone, then the consumer’s
agreement to conduct the transaction by electronic means must be confirmed
by an express acknowledgment transmitted by the consumer by electronic
means. This subsection may not be varied by agreement.
   (c) A party that agrees to conduct a transaction by electronic means may
refuse to conduct other transactions by electronic means. This subsection may
not be waived by agreement.
   (d) Except as otherwise provided in this chapter, the effect of any of its
provisions may be varied by agreement. The presence in certain provisions of
this chapter of the words “unless otherwise agreed”, or words of similar
import, does not imply that the effect of other provisions may not be varied by
agreement.
   (e) Whether an electronic record or electronic signature has legal
consequences is determined by this chapter and other applicable law.
   (f) A consumer who makes an agreement to conduct a transaction
electronically with a commercial party is entitled to a nonelectronic copy, on
request and at no charge, of any agreement or agreements the consumer has
entered into, as well as any notice or other document communicated to the
consumer electronically. This subsection may not be varied by agreement.
   (g) An agreement to conduct a transaction electronically is subject to a
requirement of good faith and fair dealing with respect to both the inducement
to agree and the implementation of the agreement.
   (h) A consumer who makes an agreement to conduct a transaction
electronically with a commercial party may at any time designate a different
electronic address for the purpose of receiving electronic records.
                                    - 1096 -
§ 205. CONSTRUCTION AND APPLICATION
   This chapter must be construed and applied:
       (1) to facilitate electronic transactions consistent with other applicable
law;
      (2) to be consistent with reasonable practices concerning electronic
transactions and with the continued expansion of those practices;
      (3) to effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it; and
     (4) to ensure that consumers are adequately protected from unfair,
deceptive and unconscionable acts and practices.
§ 206. LEGAL RECOGNITION OF ELECTRONIC RECORDS,
        ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS
   (a) A record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.
   (b) A contract may not be denied legal effect or enforceability solely
because an electronic record was used in its formation.
   (c) If a law requires a record to be in writing, an electronic record satisfies
the law.
   (d) If a law requires a signature, an electronic signature satisfies the law.
§ 207. PROVISION OF INFORMATION IN WRITING; PRESENTATION
       OF RECORDS
   (a) If parties have agreed to conduct a transaction by electronic means and
a law requires a person to provide, send, or deliver information in writing to
another person, the requirement is satisfied if the information is provided, sent,
or delivered, as the case may be, in an electronic record capable of retention by
the recipient at the time of receipt. An electronic record is not capable of
retention by the recipient if the sender or its information processing system
inhibits the ability of the recipient to print or store the electronic record.
   (b) If a law other than this chapter requires a record to be posted or
displayed in a certain manner, to be sent, communicated, or transmitted by a
specified method, or to contain information that is formatted in a certain
manner, the following rules apply:
      (1) The record must be posted or displayed in the manner specified in
the other law.

                                     - 1097 -
       (2) Except as otherwise provided in subdivision (d)(2) of this section,
the record must be sent, communicated, or transmitted by the method specified
in the other law.
      (3) The record must contain the information formatted in the manner
specified in the other law.
   (c) If a sender inhibits the ability of a recipient to store or print an
electronic record, the electronic record is not enforceable against the recipient.
   (d) The requirements of this section may not be varied by agreement, but:
      (1) to the extent a law other than this chapter requires information to be
provided, sent, or delivered in writing but permits that requirement to be varied
by agreement, the requirement under subsection (a) of this section that the
information be in the form of an electronic record capable of retention may
also be varied by agreement; and
     (2) a requirement under a law other than this chapter to send,
communicate, or transmit a record by United States mail, may be varied by
agreement to the extent permitted by the other law.
§ 208. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND
       ELECTRONIC SIGNATURE
   (a) An electronic record or electronic signature is attributable to a person if
it was the act of the person. The act of the person may be shown in any
manner, including a showing of the efficacy of any security procedure applied
to determine the person to which the electronic record or electronic signature
was attributable.
   (b) The effect of an electronic record or electronic signature attributed to a
person under subsection (a) of this section is determined from the context and
surrounding circumstances at the time of its creation, execution, or adoption,
including the parties’ agreement, if any, and otherwise as provided by law.
§ 209. EFFECT OF CHANGE OR ERROR
   If a change or error in an electronic record occurs in a transmission
between parties to a transaction, the following rules apply:
      (1) If the parties have agreed to use a security procedure to detect
changes or errors and one party has conformed to the procedure, but the other
party has not, and the nonconforming party would have detected the change or
error had that party also conformed, the conforming party may avoid the effect
of the changed or erroneous electronic record.


                                    - 1098 -
      (2) In an automated transaction involving an individual, the individual
may avoid the effect of an electronic record that resulted from an error made
by the individual or on the part of the individual in dealing with the electronic
agent of another person if, at the time the individual learns of the error, the
individual:
         (A) promptly notifies the other person of the error and that the
individual did not intend to be bound by the electronic record received by the
other person;
         (B) takes reasonable steps, including steps that conform to the other
person’s reasonable instructions, to return to the other person or, if instructed
by the other person, to destroy the consideration received, if any, as a result of
the erroneous electronic record; and
        (C) has not used or received any benefit or value from the
consideration, if any, received from the other person.
      (3) If neither subdivision (1) nor (2) of this section applies, the change
or error has the effect provided by other law, including the law of mistake, and
the parties’ contract, if any.
     (4) Subdivisions (2) and (3) of this section may not be varied by
agreement.
§ 210. NOTARIZATION AND ACKNOWLEDGMENT
    If a law requires a signature or record to be notarized, acknowledged,
verified, or made under oath, the requirement is satisfied if the electronic
signature of the person authorized to perform those acts, together with all other
information required to be included by other applicable law, is attached to or
logically associated with the signature or record.
§ 211. RETENTION OF ELECTRONIC RECORDS; ORIGINALS
   (a) If a law requires that a record be retained, the requirement is satisfied by
retaining an electronic record of the information in the record which:
     (1) accurately reflects the information set forth in the record at the time
and after it was first generated in its final form as an electronic record or
otherwise; and
      (2) remains accessible for later reference.
   (b) A requirement to retain a record in accordance with subsection (a) of
this section does not apply to any information, the sole purpose of which is to
enable the record to be sent, communicated, or received.


                                     - 1099 -
   (c) A person may satisfy subsection (a) of this section by using the services
of another person if the requirements of that subsection are satisfied.
   (d) If a law requires a record to be presented or retained in its original form,
or provides consequences if the record is not presented or retained in its
original form, that law is satisfied by an electronic record retained in
accordance with subsection (a) of this section.
   (e) If a law requires retention of a check, that requirement is satisfied by
retention of an electronic record of the information on the front and back of the
check in accordance with subsection (a) of this section.
   (f) A record retained as an electronic record in accordance with subsection
(a) of this section satisfies a law requiring a person to retain a record for
evidentiary, audit, or like purposes, unless a law enacted after the effective date
of this chapter specifically prohibits the use of an electronic record for the
specified purpose.
   (g) This section does not preclude a governmental agency of this state from
specifying additional requirements for the retention of a record subject to the
agency’s jurisdiction.
§ 212. ADMISSIBILITY IN EVIDENCE
    In a proceeding, evidence of a record or signature may not be excluded
solely because it is in electronic form.
§ 213. AUTOMATED TRANSACTION
   In an automated transaction, the following rules apply:
      (1) A contract may be formed by the interaction of electronic agents of
the parties, even if no individual was aware of or reviewed the electronic
agents’ actions or the resulting terms and agreements.
      (2) A contract may be formed by the interaction of an electronic agent
and an individual, acting on the individual’s own behalf or for another person,
including by an interaction in which the individual performs actions that the
individual is free to refuse to perform and which the individual knows or has
reason to know will cause the electronic agent to complete the transaction or
performance.
      (3) The terms of the contract are determined by the substantive law
applicable to it.
§ 214. TIME AND PLACE OF SENDING AND RECEIPT
   (a) Unless otherwise agreed between the sender and the recipient, an
electronic record is sent when it:
                                     - 1100 -
      (1) is addressed properly or otherwise directed properly to an
information processing system that the recipient has designated or uses for the
purpose of receiving electronic records or information of the type sent and
from which the recipient is able to retrieve the electronic record;
      (2) is in a form capable of being processed by that system; and
      (3) enters an information processing system outside the control of the
sender or of a person that sent the electronic record on behalf of the sender or
enters a region of the information processing system designated or used by the
recipient which is under the control of the recipient.
   (b) Unless otherwise agreed between the sender and the recipient, an
electronic record is received when it:
      (1) it enters an information processing system that the recipient has
designated or uses for the purpose of receiving electronic records or
information of the type sent and from which the recipient is able to retrieve the
electronic record; and
      (2) it is in a form capable of being processed by that system.
   (c) Subsection (b) of this section applies even if the place the information
processing system is located is different from the place the electronic record is
deemed to be received under subsection (d) of this section.
   (d) Unless otherwise expressly provided in the electronic record or agreed
between the sender and the recipient, an electronic record is deemed to be sent
from the sender’s place of business and to be received at the recipient’s place
of business. For purposes of this subsection, the following rules apply:
      (1) If the sender or recipient has more than one place of business, the
place of business of that person is the place having the closest relationship to
the underlying transaction.
      (2) If the transaction is a consumer transaction, or if the sender or the
recipient does not have a place of business, the place of business is the sender’s
or recipient’s residence having the closest relationship to the underlying
transaction, as the case may be.
   (e) An electronic record is received under subsection (b) of this section
even if no individual is aware of its receipt.
   (f) Receipt of an electronic acknowledgment from an information
processing system described in subsection (b) of this section establishes that a
record was received but, by itself, does not establish that the content sent
corresponds to the content received.

                                    - 1101 -
   (g) If a person is aware that an electronic record purportedly sent under
subsection (a) of this section, or purportedly received under subsection (b) of
this section, was not actually sent or received, the legal effect of the sending or
receipt is determined by other applicable law. Except to the extent permitted
by the other law, the requirements of this subsection may not be varied by
agreement.
§ 215. TRANSFERABLE RECORDS
   (a) In this section, “transferable record” means an electronic record that:
      (1) would be a note under section 3-104 of Title 9A or a document
under section 7-102 of Title 9A if the electronic record were in writing; and
      (2) the issuer of the electronic record expressly has agreed is a
transferable record.
   (b) A person has control of a transferable record if a system employed for
evidencing the transfer of interests in the transferable record reliably
establishes that person as the person to which the transferable record was
issued or transferred.
   (c) A system satisfies subsection (b) of this section, and a person is deemed
to have control of a transferable record, if the transferable record is created,
stored, and assigned in such a manner that:
      (1) a single authoritative copy of the transferable record exists which is
unique, identifiable, and, except as otherwise provided in subdivisions (4), (5),
and (6) of this subsection, unalterable;
      (2) the authoritative copy identifies the person asserting control as:
         (A) the person to which the transferable record was issued; or
         (B) if the authoritative copy indicates that the transferable record has
been transferred, the person to which the transferable record was most recently
transferred;
     (3) the authoritative copy is communicated to and maintained by the
person asserting control or its designated custodian;
      (4) copies or revisions that add or change an identified assignee of the
authoritative copy can be made only with the consent of the person asserting
control;
      (5) each copy of the authoritative copy and any copy of a copy is readily
identifiable as a copy that is not the authoritative copy; and
      (6) any revision of the authoritative copy is readily identifiable as
authorized or unauthorized.
                                - 1102 -
   (d) Except as otherwise agreed, a person having control of a transferable
record is the holder, as defined in section 1-201(20) of Title 9A, of the
transferable record and has the same rights and defenses as a holder of an
equivalent record or writing under Title 9A, including, if the applicable
statutory requirements under sections 3-302(a), 7-501, or 9-308 of Title 9A are
satisfied, the rights and defenses of a holder in due course, a holder to which a
negotiable document of title has been duly negotiated, or a purchaser,
respectively. Delivery, possession, and indorsement are not required to obtain
or exercise any of the rights under this subsection.
   (e) Except as otherwise agreed, an obligor under a transferable record has
the same rights and defenses as an equivalent obligor under equivalent records
or writings under Title 9A.
   (f) If requested by a person against which enforcement is sought, the
person seeking to enforce the transferable record shall provide reasonable
proof that the person is in control of the transferable record. Proof may include
access to the authoritative copy of the transferable record and related business
records sufficient to review the terms of the transferable record and to establish
the identity of the person having control of the transferable record.
§ 216. APPLICABILITY
   If a law other than this chapter requires that a notice of the right to cancel be
provided or sent, an electronic record may not substitute for a writing under
that other law unless, in addition to satisfying the requirements of that other
law and this chapter, the notice of cancellation may be returned by electronic
means. This section may not be varied by agreement.
Sec. 2. STUDY OF ELECTRONIC RECORDS AND STATE
        GOVERNMENT
   The agency of administration shall study the creation and retention of
electronic records, the acceptance and distribution of electronic records, and
the conversion of written records to electronic records by the state government.
In conducting this study, the agency shall consult with representatives from the
three branches and all of the agencies of state government in order to propose
consistent standards and practices with regard to electronic records. The
agency shall submit a report to the House Committee on Commerce and the
Senate Committee on Finance by January 1, 2001, recommending an electronic
record plan for state government, including any statutory revisions and any
appropriations necessary for implementing the plan.
Sec. 3. EFFECTIVE DATE


                                     - 1103 -
    This act shall take effect January 1, 2001, except for Sec. 2, which shall be
effective on passage.
Sec. 4. SAVINGS AND TRANSITIONAL PROVISIONS
   This chapter applies to any electronic record or electronic signature created,
generated, sent, communicated, received, or stored on or after the effective
date of this chapter.
   (Committee vote: 8-0-3)
                         Favorable with Amendment
                                      H. 53
   An act relating to property tax exemptions.
   Rep. Lafayette of Burlington, 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. REPEAL
   32 V.S.A. chapter 125 (property tax exemptions) is repealed.
Sec. 2. 32 V.S.A. chapter 125 is added to read:
CHAPTER 125. PROPERTY TAX EXEMPTIONS
§ 3802. PROPERTY EXEMPT FROM TAXATION
   The following property shall be exempt from all property taxation:
      (1) Real and personal property owned by this state unless otherwise
specified as taxable; real and personal property owned by the United States;
United States securities exempt from taxation by the laws of the United States;
except that this subdivision shall not prohibit a federal agency from making
payments for taxes on repossessed or voluntarily conveyed single family,
multifamily living units or farm properties or forfeited property.
      (2) Real and personal property owned by a municipality which is located
within that municipality and which is used for municipal purposes, including
the provision of utility services; real and personal property owned by a county
which is located within that county and which is used for county purposes.
      (3) Real and personal property owned by a post of any veterans'
organization chartered by act of Congress of the United States or owned by a
corporation, the members or stockholders of which are members of said post or
its auxiliary, provided said real estate is used for purposes of the post or its
auxiliary or such corporation only, is used as the principal meeting place of
said post or its auxiliary in the exercise of its functions and activities, and is
                                    - 1104 -
not leased or rented for profit; and real and personal property owned by and
used for the purpose of its work by a nonprofit organization chartered by act of
Congress of the United States, such as a Red Cross, boy scout, girl scout or
boys or girls organization.
       (4) Real and personal property owned by churches or synagogues or
religious societies or religious conferences and used as a house of worship,
parsonage, convent, center for religious education, administrative office, home
provided without regard to any ability to pay, or school; related outbuildings;
land not used to produce income, adjacent to any of these buildings and kept
and used as a parking lot, lawn, playground or garden, or any glebe lands
sequestered as tax-exempt.
       (5) Real and personal property set apart for library uses and used by
public and private circulating libraries, open to the public and not used for
profit.
     (6) Real property owned or leased by school districts for educational
purposes.
         (7) Real property owned or leased by nonprofit colleges, universities,
academies or other public schools, and used for educational purposes including
student housing, and not used for general commercial purposes. The
exemption of property owned by nonprofit colleges and universities under this
section shall apply only to property acquired and owned on or before April 1,
1941.
      (8) Property owned by a hospital including diagnostic and treatment
centers, owned and operated on a nonprofit basis, dedicated unconditionally to
public use and used for the benefit of an indefinite class of the public and only
for the purpose of such institution, and the use of which confers a benefit on
society.
       (9) Lands used for cemetery purposes and the structures thereon, trust
funds and other property belonging to or held by cemetery associations and the
lots of the proprietors thereof.
      (10) Household furniture and equipment of every person not regularly
used as income-producing property; household provisions; personal wearing
apparel and ornament; private and professional library collections; shrubs and
plants located in a commercial greenhouse or nursery; fowl; sheep; cattle;
horses; goats; swine; bees; hay and produce sufficient to winter out the stock;
tractors and other machinery of a farmer, not used for hire or contract
purposes; real and personal farm property constructed and used for the storage
of manure and designed to avoid water pollution; tools and implements of a
mechanic or farmer; aircraft, automobiles and motor vehicles, but not
                                   - 1105 -
including trailer coaches; and motorized highway-building equipment and
road-making appliances, as defined in subdivisions 4(19) and (31) of Title 23,
required to be registered as motor vehicles; personal estate owned by
inhabitants of this state situated and taxed in another state.
      (11) Real property owned and occupied by nonprofit agricultural
societies so long as the same are used annually for agricultural fairs.
      (12) Real and personal property to the extent of $20,000.00 of appraisal
value, except any part used for business or rental, occupied as the established
residence of and owned in fee simple by a veteran of any war or a veteran who
has received an American Expeditionary Medal, his or her spouse, widow,
widower or child, or jointly by any combination of them, if one or more of
them are receiving disability compensation for at least 50 percent disability,
death compensation, dependence and indemnity compensation, or pension for
disability paid through any military department or the Veterans’
Administration if, before May 1 of each year, there is filed with the listers:
     (A) a written application therefor; and
      (B) a written statement from the military department or the Veterans’
Administration showing that the compensation or pension is being paid. Only
one exemption may be allowed on a property. The terms used in this
subdivision shall have the same definitions as in Title 38, U.S. Code § 101,
except that such definitions shall not be construed to deny eligibility for
exemption in the case where such exemption is based on retirement for
disability and retirement pay is received from a federal agency other than the
Veterans’ Administration, and the age and marital status limits in section
101(4)(A) shall not apply. An unremarried widow or widower of a previously
qualified veteran shall be entitled to the exemption provided in this
subdivision, whether or not he or she is receiving government compensation or
pension.
      (13) Real and personal property exclusively installed and operated for
the abatement of pollution of the waters of the state of Vermont or waters
within the purview of the New England Interstate Water Pollution Control
Compact in accordance with engineering principles approved by the Vermont
water resources board; and real and personal property exclusively installed and
operated as air pollution treatment facilities approved by the air pollution
control agency established in chapter 23 of Title 10. This type of property
shall be exempt as long as its operation meets with the approval of the
secretary of the agency of natural resources.
     (14) Real and personal property owned by a charitable nonprofit
organization devoted to the welfare, protection and humane treatment of
                                   - 1106 -
animals, including any premises of a custodian or caretaker which is attached
to or is located on the grounds of such an animal shelter.
      (15) Property subject to taxation under chapter 211 (franchise taxation
of railroads, car and transportation companies, telephone companies and
insurance companies) of this title.
       (16) Real and personal property owned by a federally-qualified health
center or a free standing, federally-designated rural health clinic, provided such
center or clinic is governed by a community board of directors; offers services
at a sliding-scale cost based on ability to pay; is owned and operated on a
nonprofit basis; is dedicated unconditionally to public use and used for the
benefit of an indefinite class of the public and only for the purpose of such
institution, and its use confers a benefit on society.
§ 3803. MUNICIPAL TAX EXEMPTIONS
   (a) A town may at a regular or special meeting duly warned, by a majority
of those present and voting, elect to exempt any of the following in whole or in
part from municipal tax authorized under section 2664 of Title 17:
      (1) Real and personal property, certified under section 3807 of this title
to be dedicated to a charitable or public use.
      (2) Real and personal property held in trust for a municipal corporation,
but located outside the town where that municipal corporation has its principal
place of business.
      (3) Property used primarily for recreational purposes, and which is
owned and operated on a nonprofit basis, dedicated unconditionally to public
use and used for the benefit of an indefinite class of the public and only for the
purpose of such institution, and the use of which confers a benefit on society.
      (4) Real property owned by a nonprofit volunteer fire, ambulance or
rescue company, and used exclusively for the purposes of such company.
      (5) Inventory of manufacturers and merchants, and of other trades and
businesses, including professional practices, except as otherwise provided by
law. A repeal of the tax on inventory may be effective for 100 percent of
inventory in the tax year following the vote; or the town may vote to exempt a
stated percentage of inventory each year for a number of years not to exceed
ten, until 100 percent of inventory is exempt. An election by a town not to tax
inventory shall remain in effect until repealed or amended by a similar vote of
the town. As used in this subdivision, "inventory" means tangible personal
property of a nondepreciable nature held for consumption, sale, resale, leasing,
or to be furnished under contracts of service, in a trade or business, and
includes without limitation, raw materials, work in process, semi-finished or
                                    - 1107 -
finished goods of manufacturers and processors, and the stock-in-trade of
wholesalers and retailers.
      (6) Business personal property. An election by a town not to tax
business personal property shall remain in effect until repealed or amended by
a similar vote of the town. A repeal of the tax on business personal property
may be effective for 100 percent of business personal property in the tax year
following the vote; or the town may vote to exempt a stated percentage of
business personal property each year for a number of years not to exceed ten,
until 100 percent of business personal property is exempt. As used in this
subdivision, "business personal property" means property defined in subsection
3618(c) of this title.
       (7) Alternate energy sources. For purposes of this subsection, alternate
energy sources means any plant, structure or facility used for the generation of
electricity or production of energy used on the premises for private, domestic
or agricultural purposes, no part of which may be for sale or exchange to the
public. The term shall include such structures as grist mills, windmills,
facilities for the collection of solar energy or the conversion of organic matter
to methane, and all component parts thereof, including land upon which the
facility is located, not to exceed one-half acre.
     (8) Buildings, land and personal property owned and occupied by a
Young Men's or Women’s Christian Association or a Young Men’s or
Women's Hebrew Association for the purposes of its work, the income of
which is entirely used for such purposes.
      (9) The value of improvements made to principal dwelling units with
funds provided in whole or in part by a nonprofit, neighborhood or municipal
housing improvement program which limits eligibility to residents with
incomes below the median income of the state. Such programs include but are
not limited to neighborhood housing services, community loan funds,
community land trusts, neighborhood planning associations and municipal
housing improvement programs.
   (b) For the purposes of any exemption which may be voted under this
section, other than exemptions under subdivisions (a)(5), (6) or (7), the town
may alternatively vote:
      (1) to exempt all property within a specified subcategory of certified
charitable or public use;
      (2) to provide general authority to the town’s legislative body to grant or
deny requested exemptions.


                                    - 1108 -
   (c) Unless otherwise provided in this section, exemptions voted or granted
under this section shall be for a maximum of five years, and may be voted or
granted again for additional periods not exceeding five years. Real and
personal property exempted under the provisions of this section shall be
appraised, listed and set in the grand list, with a notation of the statutory
authority for the exemption and the effective date and termination date of the
exemption.
    (d) A town may also elect, in the same manner as provided in subsections
(a) and (b) of this section, for any property which is eligible for municipal tax
exemption under this section, to exempt such property in whole or in part from
applicable local share and statewide education property tax. Such a vote shall
not reduce the total education property tax liability of the town to the state.
Such tax exemptions shall, however, reduce the education property tax liability
of the owner of the property to the extent of the exemption. A town shall
assess a tax on its municipal grand list at a rate sufficient to raise an amount
equal to the difference between the town’s total education property tax liability
to the state and the amount collected from education property taxes in the town
after reductions for all such tax exemptions in effect in the town. Any such tax
assessed under this subsection shall be identified on the tax bill of the town as
a separate tax for town-voted tax exemptions.
   (e) An exemption under this section may be rescinded prospectively, by a
vote of the town at a regular or special meeting duly warned, by a majority of
those present and voting.
§ 3804. COLLEGE AND UNIVERSITY PROPERTY ACQUIRED AFTER
         APRIL 1, 1941
   (a) Any real property acquired and owned after April 1, 1941, by any
nonprofit college or university used for educational purposes including student
housing, and not used for general commercial purposes, shall for municipal tax
purposes only, be set to such institution in the grand list of the town or city in
which such real property is located at the value fixed in the appraisal next
preceding the date of acquisition of such property, and taxed on such valuation.
However, the voters of any town or city may at any legal meeting thereof vote
to exempt such property from taxation, either in whole or in part. Except as
provided under subsection (c) of this section, the value fixed on such property
at such appraisal shall not be increased so long as the property is owned and
used by such institution for other than commercial and investment purposes,
whether or not improvements are made thereon.
   (b) The provisions of subsection (a) of this section shall not exempt from
county or town taxes, lands owned by a college, and leased "as long as wood
                                    - 1109 -
grows and water runs," securing to the lessees the right of preemption, unless
such lands were chartered as sequestered for the benefit of the college, or
became the property of the college prior to the organization of the town in
which they lie.
   (c) In the event of a general reappraisal of all property in the municipality
completed after 1982, the appraisal value of property subject to subsection (a)
of this section shall first be changed to an amount which yields a municipal tax
liability (computed with reference to the tax rate applicable to the first tax year
based on the reappraisal) equal to the municipal tax liability for such property
for the tax year immediately preceding the reappraisal; provided, that in the
event the tax liability imposed on the majority of all taxable properties in the
municipality increases in the first tax year based on the reappraisal, then any
appraisal value of property subject to subsection (a) shall be further changed to
an amount that yields the tax liability computed in this subsection adjusted by
the average percentage increase or decrease in the tax liability of all taxable
properties in the municipality.
§ 3805. HOUSING PROJECTS FOR LOW AND MODERATE INCOME
         OCCUPANTS
   (a) The board of selectmen of a town, the board of aldermen or city council
of a city, or the supervisor of an unorganized town or gore, may enter into an
agreement on behalf of the municipality with a person who owns or intends to
acquire or seeks to construct a federally-subsidized low or moderate income
housing project, for payments by such person to the municipality in lieu of all
taxes which would otherwise be assessed against the property, where federal
assistance would not be available in the absence of such an agreement. An
agreement entered into under this section shall be in writing, and shall be
executed by the person owning or intending to acquire or to construct the
project, and by the board of selectmen or aldermen, or in the case of an
unorganized town or gore by the supervisor, on behalf of the municipality.
Property which is subject to an agreement entered into under this section shall
be included in the equalized education property tax grand list of the
municipality in an amount which at the tax rate in effect in the municipality
would, if the property were subject to taxation, yield a tax equal to the amount
of the payments in lieu of taxes provided for under the agreement. The amount
of the payments and the date or dates when the payments are to be made shall
be as specified in the agreement, and the term of the agreement shall not
exceed 40 years, but otherwise may contain any provisions not inconsistent
with this section.
   (b) An agreement entered into under this section shall be filed in the office
of the clerk of the town or city, executing the same within ten days following
                                    - 1110 -
its execution or in the case of an agreement executed by the supervisor of an
unorganized town or gore, in the county clerk's office. The text of the
agreement shall also be posted in at least five conspicuous places within the
municipality and published in a newspaper circulating in the municipality
within ten days following its execution.
   (c) The agreement shall become effective 20 days following its execution
unless a petition is filed for a referendum pursuant to this section, in which
case it shall become effective pursuant to the provisions of subsection (g) of
this section.
   (d) An agreement executed by a municipality under this section may be
disapproved by a vote of a majority of the qualified voters of the municipality
voting on the question at an annual or special meeting of the municipality
warned for the purpose, pursuant to a petition signed and submitted in
accordance with subsection (e) of this section.
   (e) A petition for a vote on the question of disapproving an agreement
entered into under this section must be signed by not less than five percent of
the qualified voters of the municipality, and presented to the board of
selectmen or city council or the municipality, or to the supervisor in the case of
an unorganized town or gore, within 20 days following the date of execution of
the agreement.
   (f) When a petition is submitted in accordance with subsection (d) of this
section, the board of selectmen, city council or supervisor, as the case may be,
shall call a special meeting within 40 days from the day of receipt of the
petition, or shall include an article in the warning for the next annual meeting
of the municipality, if the annual meeting follows within the 40-day period, to
determine whether the voters will disapprove the agreement. No fewer than
two copies of the agreement shall be posted at each polling place during the
hours of voting, and copies thereof shall be made available to voters at the
polls on request. It shall be sufficient to refer to the agreement in the warning
by title.
   (g) An agreement as to which a petition for permissive referendum is
submitted under this section shall become effective immediately upon a
conclusion of the meeting unless the agreement is disapproved by a majority of
the qualified voters voting on the question at the meeting.
§ 3806. EDUCATION PROPERTY TAX EXEMPTIONS
   The following property shall be exempt from statewide and local share
education property tax:


                                    - 1111 -
      (1) Real and personal property, certified under section 3807 of this title
to be dedicated to a charitable or public use.
      (2) Real property acquired and owned by nonprofit colleges and
universities after April 1, 1941, used for educational purposes including
student housing, and not used for general commercial purposes.
      (3) Real property owned by a nonprofit volunteer fire, ambulance or
rescue company, and used exclusively for the purposes of such company, to
the extent voted exempt from municipal taxes under section 3803 of this title.
     (4) Buildings, land and personal property owned and occupied by a
Young Men's or Women’s Christian Association or a Young Men’s or
Women's Hebrew Association for the purposes of its work, the income of
which is entirely used for such purposes.
§ 3807. CERTIFICATION OF CHARITABLE OR PUBLIC USE
   (a) A property owner seeking a voted exemption under subdivision
3803(a)(1) of this title or seeking an education property tax exemption under
subsection 3806(a) of this title, shall first obtain certification from a
certification officer to be appointed by the commissioner of taxes.
       (1) An application for certification under this section shall be in writing,
in a form and with accompanying information as required by the certification
officer. An application under this section shall constitute a waiver of any right
to confidentiality with regard to any records in the possession of the
certification officer related to the application for certification, and these
records shall be public records.
      (2) The applicant shall bear the burden of proving, by a preponderance
of the evidence, that the applicant meets the requirements for certification
under this section.
      (3) The certification officer shall certify the property as charitable or
public use property if the officer finds that the property is owned and operated
on a nonprofit basis, dedicated unconditionally to public use and used for the
benefit of an indefinite class of the public primarily for charitable or public
purposes and to confer a benefit on society, but is not used primarily for
recreational purposes.
   (b) A party aggrieved by a determination of the certification officer under
this section shall have a right to appeal that determination by filing a notice of
appeal with the director of property valuation and review within 30 days after
the date the determination is issued. The appeal to the director shall be de
novo. Within five days after the director receives a notice of appeal, the
director shall give notice of the appeal to the town in which the property is
                                     - 1112 -
located, and to the commissioner of taxes. The town and the commissioner
shall each have 10 days to file with the director a notice of election to join as a
party. A party to the appeal shall have the right to appeal the director’s
determination to the superior court of the county in which the property is
located, pursuant to Rule 74 of the Vermont Rules of Civil Procedure, within
30 days of the date of the director’s determination, but the appeal shall be on
the record and without jury. A party to the superior court appeal shall have the
right to appeal the superior court decision to the supreme court, on the record.
    (c) Upon determination under this section that a property is charitable or
public use property, the person or court making the determination shall within
10 days of the date of that determination notify the town in which the property
is located.
Sec. 3. 32 V.S.A. § 5404a(a)(4) and (c)(1) are amended to read:
   (a) Tax agreements affecting the education property tax grand list. A tax
agreement shall affect the education property tax grand list of the municipality
in which the property subject to the agreement is located if the agreement is:
***
        (4) an exemption of property owned by a nonprofit volunteer fire, rescue
or ambulance organization and used for the purposes of the organization,
adopted, extended or renewed by vote of a municipality under chapter 125 of
this title or comparable municipal charter provision after July 1, 1997.
   ***
   (c) Tax agreements not affecting the education property tax grand list. A
tax agreement shall not affect the education property tax grand list if it is:
      (1) A tax exemption adopted by vote of a municipality after July 1, 1997
under chapter 125 of this title, or voted under a comparable municipal charter
provision or other provision of law for property owned by nonprofit
organizations used for public, pious or charitable purposes, other than
economic development exemptions voted under sections 3834, 3836, 3837, or
3838 of this title and approved by the Vermont economic progress council, or
exemptions of property of a nonprofit volunteer fire, rescue or ambulance
organization adopted by vote of a municipality.
***
Sec. 4. 32 V.S.A. § 5401(10)(G) is added to read:
         (G) Property which is exempt from education property taxes under
section 3802 or 3806 of this title.
Sec. 5. 32 V.S.A. § 4152(a) is amended to read:
                                  - 1113 -
§ 4152. --CONTENTS
   (a) When completed, the grand list of a town shall be in such form as the
director prescribes and shall contain such information as the director
prescribes, including:
     (1) In alphabetical order, the name of each real property owner and each
owner of taxable personal property;
      (2) The last known mailing address of all such owners;
      (3) A brief description of each parcel of taxable and tax-exempt real
estate in the town. "Parcel" means all contiguous land in the same ownership,
together with all improvements thereon;
      (4) The listed valuation of such owner's personal estate taxable in the
town; and for property exempted under the provisions of sections 3834, 3836,
3837 and 3838 of this title, what the full listed value of the property would be
absent the exemption, the statutory authority for granting such exemption, the
year in which the exemption became effective and the year in which it ends;
      (5) The listed valuation of each parcel which is not exempt;
      (6) For those parcels which are exempt, what the full listed value of the
property would be absent the exemption and the statutory authority for
granting such exemption and, for properties exempt pursuant to a vote, the year
in which the exemption became effective and the year in which the exemption
ends;
      (7) For those parcels appraised under the provisions of sections 3607a,
3832(1), 3832(6), 3832(7), 3836, 3840, 3845 or 3847 of this title, the value
which reflects the taxes to be paid on the property, the full listed value absent
such appraisal, the statutory authority for granting such appraisal, the year in
which such appraisal became effective and the year in which it ends;
      (8) The full listed value and the stabilization value agreed to by an
owner and a town pursuant to 24 V.S.A. § 2741 or section 3843 or 3846 3804
(federally-subsidized low- or moderate-income housing) of this title, the year
in which the stabilization agreement became effective and the year in which it
ends;
    (9) Separate columns which will show the listed valuations of
homesteads as defined in section 5401(7) of this title.
Sec. 6. 32 V.S.A. § 3431(a) is amended to read:
   (a) Each lister shall take and subscribe and file in the town clerk's office,
before entering upon the duties of his office, the following oath; and the oath
as subscribed shall be recorded in the town clerk's office:                  "I,
                                   - 1114 -
_____________, do solemnly swear (or affirm) that I will appraise all the
personal property subject to taxation and all the real property subject to
taxation in the town (or city) of ________________________, so far as
required by law, at its fair market value, will list the same without
discrimination on a proportionate basis of such value for the grand list of such
town (or city), will set the same in the grand list of such town (or city) at one
per cent of the listed value and will faithfully discharge all the duties imposed
upon me by law. So help me God." (or, "under the pains and penalties of
perjury.")
Sec. 7. 32 V.S.A. § 3651 is amended to read:
§ 3651. GENERAL RULE
   Taxable real Real estate shall be set in the list to the last owner or possessor
thereof on April 1 in each year in the town, village, school and fire district
where it is situated.
Sec. 8. 32 V.S.A. chapter 123, subchapter 4 is amended to read:
Subchapter 4. State Payment in Lieu of Property Taxes
Municipal Service Fees for State Property
§ 3701. DEFINITIONS
   For the purposes of this subchapter:
      (1) "State-owned property" means
         (A) state-owned buildings, including buildings of the Vermont state
colleges and buildings of the University of Vermont and State Agricultural
College used for educational and not commercial purposes; buildings of the
agency of transportation and the department of the military; but excluding the
value of land on which the buildings are located, and excluding all highways
and bridges and any land pertaining thereto; and
         (B) state-owned lands which pertain to state correctional facilities.
      (2) "Assessed value Value of state buildings" means the estimation of
the current cost of replacing a building, maintained for insurance purposes by
the state agency or other entity responsible for insuring the building,
depreciated by the age and condition of the building.
      (3) "Assessed value Value of state lands" means the fair market value of
lands which pertain to state correctional facilities, as determined by the
division of property valuation and review, subject to the provision of
subsection 3704(b) of this title.


                                     - 1115 -
       (4) "Adjusted municipal grand list" means the total assessed value of
any state-owned property located in a municipality, multiplied by the common
level of appraisal for the municipality as determined by the division of
property valuation and review, multiplied by one percent, and added to the
grand list of the municipality as determined pursuant to chapter 129 of this
title.
      (5) "Adjusted municipal tax Municipal service fee rate" means the total
sum of money voted by a municipality for all non-educational expenses
pursuant to section 2664 of Title 17 or section 1309 of Title 24, divided by the
adjusted municipal grand list of the municipality.
     (6) "Municipality" means an incorporated city, town, village, or
unorganized town, grant or gore in which a tax is assessed for non-educational
purposes.
§ 3702. PAYMENT OF GRANTS AUTHORIZED
   The secretary of administration shall determine annually the amount of
payment due, as a state grant in lieu of property taxes, to each municipality in
the state in which is located any state-owned property, in accordance with the
provisions of this subchapter.
§ 3703. GRANT FORMULA MUNICIPAL SERVICE FEE PAYMENT
   (a) The amount of a grant to a municipality authorized by this subchapter
shall be based on the total assessed value of any state-owned property located
in the municipality, The state shall pay annually to each municipality its
municipal service fee. The secretary of administration shall determine the fee
as follows: an amount equal to the municipal service fee rate multiplied by the
value of state buildings and state land in the municipality, multiplied by the
common level of appraisal for the municipality as determined by the division
of property valuation and review, multiplied by one percent, and multiplied by
the adjusted municipal tax service fee rate for the municipality in which the
property is located.
   (b) [Repealed.]
   (c) The total of any grants municipal service fee payment under subsection
(a) of this section for buildings owned by the University of Vermont and State
Agricultural College shall be limited to a maximum of $750,000.00.
   (d) [Repealed.]
    (e) The secretary of administration shall have authority to reduce any
payments under this subchapter to avoid multiple payments to a municipality
in the same year in lieu of taxes with respect to the same property.

                                    - 1116 -
§ 3704. DETERMINATION OF ASSESSED VALUES; APPEAL
   (a) Prior to August 1, 1997, and to May 1 of each taxable year thereafter,
the secretary of administration shall provide assessed values of state buildings
and lands, as defined under this subchapter, to every municipality to which a
grant is payable under this subchapter in which state buildings or lands are
located.
   (b) Any municipality aggrieved by the action of the secretary under this
section may, within 30 days of receipt of the assessed values, appeal to the
superior court of the district in which the municipality is located.
§ 3705. ADJUSTED MUNICIPAL GRAND LIST AND ADJUSTED
MUNICIPAL
        TAX RATE MUNICIPAL SERVICE FEE RATE
   (a) Prior to October 1 in each taxable year, the division of property
valuation and review shall provide the secretary of administration with the
following:
      (1) the adjusted municipal grand list for the prior assessment year, with
the assessed values of all state-owned property shown separately, together with
a statement of the common level of appraisal used to weight the assessed
values of state-owned property;
      (2) the adjusted municipal tax rate municipal service fee rate to be used
in assessing taxes determining the municipal service fee on the prior adjusted
municipal grand list; and
     (3) the total sum of money voted by the municipality for all
noneducational expenses, pursuant to section 2664 of Title 17.
   (b) Prior to issuing a grant under this subchapter the The secretary of
administration may substitute his or her calculations of the adjusted municipal
grand list or the adjusted municipal tax rate municipal service fee rate for a
municipality if the secretary finds that those calculations provided by the
municipality under this section are in error or are inconsistent with assessed
values as determined pursuant to section 3704 of this title.
§ 3706. PAYMENT TO MUNICIPALITIES
   Grants Fees due to municipalities under this subchapter shall be made
annually by the secretary of administration to each eligible municipality on or
before December 1, 1997, and on or before October 31 in years thereafter.
Nothing in this subchapter shall be construed or permitted to affect the tax
exempt status of the University of Vermont and State Agricultural College, as
provided by statute and guaranteed by that institution's charter any entity, and
                                   - 1117 -
the assessment and collection provisions of chapter 133 of this title shall not
apply to any fee imposed under this subchapter.
§ 3707. RULES
   The secretary of administration may adopt rules under chapter 25 of Title 3
to carry out the provisions of this subchapter.
Sec. 9. Sec. 89 of No. 60 of the Acts of 1997, as amended by Sec. 106d of No.
1 of the Acts of 1999, is amended to read:
Sec. 89. PILOT MUNICIPAL SERVICE FEE SPECIAL FUND
   (a) There is established a PILOT municipal service fee special fund, to be
managed by the commissioner of taxes, pursuant to subchapter 5 of chapter 7
of Title 32. The fund shall be used exclusively for payments required under
subchapter 4 of chapter 123 of Title 32, State Payment in Lieu of Property
Taxes Municipal Service Fees for State Property. The commissioner of
finance and management may draw warrants for disbursements from this fund
in anticipation of receipts.
   (b) If the PILOT municipal service fee special fund is insufficient to pay
the full amount of all payments in lieu of taxes municipal service fees under
subchapter 4 of chapter 123 of Title 32, then payments of fees, after
application of the University of Vermont cap in subsection 3703(c) of Title 32,
shall be reduced proportionately.
Sec. 10. REPEAL
   32 V.S.A. § 3804 (valuation freeze for municipal taxation of college and
university property acquired after April 1, 1941) is repealed effective January
1, 2003.
Sec. 11. 32 V.S.A. § 3804 is added to read:
§ 3804. COLLEGE AND UNIVERSITY PROPERTY
   (a) A town and a nonprofit college or university shall negotiate an
agreement for payment to the town for municipal services. The amount of the
payment shall be based upon the value of town services and benefits provided
or available to the college or university, offset by the value of the services and
benefits provided to the community by the college or university which reduce
the cost of providing municipal services.
  (b) An agreement under this section may be for a period of up to five years.
The college or university and the town shall negotiate a new agreement by
April 1 of a taxable year for which there is no agreement under this section.


                                    - 1118 -
   (c) If the parties are unable to reach an agreement as described in this
section by April 1, then the parties shall enter into mediation under the
American Arbitration Association rules of mediation. If by the following June
1 the parties are unable to select a mediator and to reach a payment agreement,
the parties shall submit the issue for binding arbitration under the Vermont
Arbitration Act. If the parties are unable to agree upon selection of an
arbitrator by June 10, then a court shall appoint an arbitrator as provided under
12 V.S.A. § 5675. The determination of a fee through mediation or arbitration
shall be based upon:
      (1) a finding of the value of town services and benefits provided or
available to the college or university; and
     (2) a finding of the value of the services and benefits provided to the
community by the college or university which reduce the cost of providing
municipal services.
The cost of mediation and arbitration shall be paid by the college or university.
   (d) If the arbitrator determines that the town has failed to participate as
necessary to reach a fee determination in arbitration, the college or university
shall not be required to make any payment to the town for municipal services
until such time as an agreement or fee determination is reached.
      (e) If the arbitrator determines that the college or university has failed to
participate as necessary to reach a fee determination in arbitration, the college
or university shall pay to the town a fee for municipal services of 50 percent of
the town’s current rate of tax authorized under 17 V.S.A. § 2664, on all
buildings which are exempt under section 3802(7) of this title. The fee shall be
applied to the estimated current cost of replacing the buildings, depreciated by
the age and condition of the buildings.
   (f) An agreed payment under subsection (a) or (b) of this section, or a fee
determined under subsection (c) or (e) of this section, shall be a lien upon the
college or university real property, and the enforcement provisions and powers
of 24 V.S.A. § 3504(a), (b) and (d) shall apply in like manner to the payment
agreement or fee.
Sec. 12. 32 V.S.A. § 3481(3) is added to read:
      (3) “Fair market value” of nonprofit college and university buildings, for
purposes of this section, shall mean the estimated current cost of replacing the
buildings, depreciated by the age and condition of the buildings.
Sec. 13. REPEAL


                                     - 1119 -
   32 V.S.A. § 3806(2) (education property tax exemption for college and
university property acquired after April 1, 1941) is repealed, effective January
1, 2003.
Sec. 14. 32 V.S.A. § 3802(7) is amended to read:
      (7) Real property owned or leased by nonprofit colleges, universities,
academies or other public schools, and used for educational purposes including
student housing, and not used for general commercial purposes. The
exemption of property owned by nonprofit colleges and universities under this
section shall apply only to property acquired on or before April 1, 1941.
Sec. 15. EFFECTIVE DATES
   (a) This section and Secs. 8 and 9 (municipal service fee) of this act shall
take effect upon passage.
   (b) Sec. 10 and Secs. 12 through 14 (taxation of university and college
property acquired before or after April 1, 1941) of this act shall take effect
January 1, 2003, for grand lists for 2003 and after.
   (c) Sec. 11 (fee agreements for nonprofit college and university property)
of this act shall take effect January 1, 2003, for property tax years 2003 and
after; except that for any nonprofit college or university which has an
agreement with a town for payment in lieu of taxes which is in effect on
January 1, 2003, 32 V.S.A. § 3804 shall not apply until the termination of that
agreement without extension or renewal. By January 15, 2002, the Vermont
League of Cities and Towns and the Association of Vermont Independent
Colleges shall each submit a written report to the House Committee on Ways
and Means, evaluating, and proposing any recommended changes to, the
procedure for property tax agreements and fees set forth in 32 V.S.A. § 3804.
   (d) All other sections of this act shall take effect January 1, 2002, and shall
apply to grand lists for 2002 and after; except that 32 V.S.A. § 3807 in Sec. 2
of this act shall take effect July 1, 2001.
   (Committee vote: 10-1-0)
  Amendment to be offered by Reps. Brooks of Montpelier, Cleland of
Northfield, Ginevan of Middlebury, Poirier of Barre and Weiss of
Northfield to the proposal of amendment of the Committee on Ways and
Means to H. 53
   Move to amend the proposal in Sec. 11, §3804(c), in the final sentence, by
inserting after the words “shall be paid” the following: one half by the town
and one half


                                    - 1120 -
                                    H. 825
   An act relating to clarify and coordinate department of education
procedures.
   (Rep. Osman of Plainfield) will speak for the Committee on Education.)
   Rep. Heath 0f Westford, for the Committee on Appropriations,
recommends the bill be amended as follows:
Sec. 1. 16 V.S.A. § 212 is amended to read:
§ 212. COMMISSIONER’S DUTIES GENERALLY
   The commissioner shall execute those policies adopted by the state board in
the legal exercise of its powers and shall:
                                     ***
      (9) Establish requirements for information to be submitted to him by
school districts, including such necessary statistical data and other information
as he may require. The commissioner shall ensure, to the extent possible, that
any data which is used to determine financial aid shall be reported in a uniform
way.
                                        ***
   And by renumbering the remaining Secs. to be numerically correct
   (Committee vote: 8-0-3)
   Amendment to be offered by Rep. Cross of Winooski to H. 825
   Moves to amend the proposal of amendment of the Committee on
Appropriations in Sec. 212 (9), by inserting after the word “way” the
following: and the commissioner shall annually determine per pupil
expenditures for each school district which includes all expenditures made by
thedistrict from all sources of revenue
               Unfinished Business of Tuesday, March 21, 2000
                                Third Reading
                                    H. 697
   An act relating to the coordination, financing and distribution of long-term
care services.
  Amendment to be offered by Reps. Mazur of South Burlington and
Holmes of Bethel to H. 697
moves that the bill be amended by adding a new Sec. 4 to read:

                                    - 1121 -
Sec. 4. REPORT ON A LONG TERM CARE PARTNERSHIP PROGRAM
   On or before January 15, 2001 the commissioner of aging and disabilities
shall report to the general assembly on the feasibility of implementing a long
term care partnership program, whereby Medicaid resource and estate recovery
disregards are established for individuals who purchase and exhaust their long
term care insurance coverage.
                         Favorable with Amendment
                                     H. 577
   An act relating to antique snowmobiles.
   Rep. Peaslee of Guildhall, for the Committee on Transportation,
recommends the bill be amended as follows:
    In Sec.1, 23 V.S.A. § 3204a(a) by striking the figure “$25.00” and inserting
in lieu thereof the figure $42.00
   (Committee vote: 11-0-0)
   Rep. Mallary of Brookfield, for the Committee on Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committee on Transportation.
(Committee Vote: 10-0-1)
                                     H. 683
   An act relating to the Vermont Economic Development Authority.
   Rep. Colvin of Bennington, for the Committee on Commerce,
recommends the bill be amended as follows:
   After Sec. 3, on page 3, by adding a Sec. 4 to read:
Sec. 4. APPROPRIATION
   (a) The sum of $132,000.00 is appropriated from the general fund to the
Vermont Economic Development Authority in fiscal year 2001 to carry out the
purposes of chapter 12 of Title 10.
   (b) The sum of $1,500,000.00 is appropriated from the general fund to the
Vermont Economic Development Authority in fiscal year 2001 to reduce the
interest rate on loans offered by the authority.
   (Committee vote: 11-0-0)
   Rep. Kehler of Pomfret, for the Committee on Appropriations,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
                                    - 1122 -
                            For Action Under Rule 52
                                    J. R. H. 207
   Joint resolution honoring the year 2000 Vermont recipients of the
Prudential Spirit of Community Award.
   (For text see House Journal March 20, 2000)
                                 NEW BUSINESS
                         Favorable with Amendment
                                     H. 567
   An act relating to study of genetic engineering and Vermont agriculture.
   Rep. Waite of Pawlet, for the Committee on Appropriations, recommends
the bill be amended as follows:
   Moves the bill be amended as follows:
      First: On page 2, line 18, by striking “2000” and inserting in lieu thereof
the following: 2001
      Second: By striking Sec. 2 in its entirety.
   (Committee vote: 7-0-3)
                            For Action Under Rule 52
                                    J. R. H. 208
   Joint resolution in memory of former Representative James Dalton Andrews
of Vershire.
   (For text see House Journal March 21, 2000)
                            NOTICE CALENDAR
                         Favorable with Amendment
                                     H. 691
   An act relating to the unorganized towns and gores of Essex County.
   Rep. Barbieri of Wallingford, for the Committee on Local Government,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1. 32 V.S.A. § 4981 is amended to read:
§ 4981. ASSESSMENT OF TAX


                                     - 1123 -
   A tax is hereby annually assessed upon the grand list of all unorganized
towns and gores in Essex county. The rate of the tax shall be three dollars.
  (a) A tax determined pursuant to this section is hereby annually assessed
upon the grand list of the unorganized towns and gores in Essex County.
   (b) Annually, on or before August 1, the board of governors of the
unorganized towns and gores in Essex County shall prepare a proposed
municipal services budget and establish a proposed tax rate for the unorganized
towns and gores in Essex County for the ensuing year. Annually, on or before
August 15, the board of governors shall call a meeting of the residents of the
unorganized towns and gores in Essex County for the purpose of presenting the
proposed budget and tax rate based upon the current grand list. Notice of the
meeting shall be sent by first class mail to all residents and property owners of
the unorganized towns and gores at their last known address at least 14 days
before the meeting. The meeting shall be held in the Essex County courthouse
in Guildhall. The notice shall include the itemized proposed budget and the
proposed tax rate. Annually, on or before September 15, the board of
governors shall adopt a budget and tax rate, and notify the residents, the
supervisor, and the appraisers.
Sec. 2. 32 V.S.A. § 4982 is amended to read:
§ 4982. SALARY AND EXPENSES OF SUPERVISORS SUPERVISOR
        AND BOARD OF GOVERNORS
   The expenses of the unorganized towns and gores in Essex county County
including the salary salaries of the supervisor and the five members of the
board of governors and the reasonable and necessary expenses which he incurs
the supervisor and the members of the board incur in the performance of his
their duties as supervisor, shall be met by the supervisor for that county from
the revenues from the taxes assessed under section 4981 of this title. The
supervisor shall receive a salary of $2,000.00 per year. The members of the
board of governors shall receive a sum not to exceed $100.00 per diem for
each day of official duties, together with reimbursement of reasonable travel
and other expenses incurred in the performance of their duties.
Sec. 3. REPEAL
  32 V.S.A. § 4983 (distribution of revenue) is repealed.
Sec. 4. 24 V.S.A. chapter 41 is amended to read:
CHAPTER 41. UNORGANIZED TOWNS AND GORES
IN ESSEX COUNTY
§ 1351. DEFINITIONS
                                    - 1124 -
   In this chapter, unless the context otherwise requires:
        (1) "Supervisor" means the supervisor for the unorganized towns and
gores in Essex county County, designated appointed in section 1352 1351b of
this title.
      (2) "Appraisers" means the appraisers for the unorganized towns and
gores in Essex county County, designated in section 1355 of this title.
        (3) “Board of governors” means the board of governors for the
unorganized towns and gores in Essex County, appointed in section 1351a of
this title.
     (4) “Gores” means the unorganized towns and gores in Essex County, or
any one of them.
§ 1351a. BOARD OF GOVERNORS
   The board of governors shall be comprised of five individuals residing in
Essex County, at least one of whom shall reside in the Gores. The residents of
the Gores shall elect the members of the board of governors at the annual
meeting convened on or before August 15, 2000 as follows: two members for
a term of three years each; two members for a term of two years each; and one
member for a term of one year. At each annual meeting thereafter, the
residents of the Gores shall elect a member, who shall serve for a term of three
years, for each expired term. A vacancy on the board shall be filled at the next
annual meeting.
§ 1351b. FUNCTIONS AND DUTIES OF BOARD OF GOVERNORS
   (a) The board of governors shall appoint a supervisor for the Gores, who
shall be a resident of Essex County, and who shall not be a current member of
the board of governors. The board of governors shall oversee the supervisor in
the execution of the supervisor’s functions and duties.
   (b) The board of governors shall appoint the appraisers. Each of the
appraisers shall be a resident of Essex County and at least one appraiser shall
be a resident of the Gores.
   (c) The board of governors shall perform the same functions and duties for
the Gores that a board of civil authority performs for its municipality. Except
as otherwise specifically provided, the board of governors shall enjoy the same
powers, privileges, immunities, and fees, and shall be subject to the same
obligations, limitations, liabilities, and penalties in respect to the Gores, as a
board of civil authority enjoys and is subject to in respect to its municipality.
§ 1352. SUPERVISOR

                                    - 1125 -
   (a) The clerk of Essex county shall be the supervisor for the unorganized
towns and gores within that county.
   (b) The supervisor may appoint a deputy to act in his behalf. The deputy
shall perform and have the same power, privileges and immunities and shall be
subject to the same limitations, liabilities and penalties as the supervisor. The
supervisor may revoke any appointment made under this subsection and may,
subject to the approval of the commissioner of taxes, fill any vacancy caused
by resignation or revocation.
§ 1353. FUNCTIONS AND DUTIES OF SUPERVISOR
    The supervisor shall perform the same functions and duties for his
unorganized towns and gores the Gores that the selectmen, board of civil
authority, school director, truant officer, constable, treasurer, collector of taxes,
and town clerk perform for their municipality. Except as otherwise
specifically provided, the supervisor shall enjoy the same powers, privileges,
immunities and fees, and shall be subject to the same obligations, limitations,
liabilities and penalties in respect to his unorganized towns and gores the
Gores, as the selectmen, board of civil authority, school director, truant officer,
constable, treasurer, collector of taxes, and town clerk enjoy and are subject to
in respect to their municipality.
§ 1354. ACCOUNT; ANNUAL REPORT
   The supervisor shall maintain an account showing in detail the revenue
raised and the expenses necessarily incurred in the performance of his the
supervisor’s duties. The supervisor shall prepare an annual fiscal report by
July 1, which shall conform to procedural and substantive requirements to be
established by the board of governors and which, upon approval by the board
of governors, shall be distributed to the residents of the Gores.
§ 1355. APPRAISERS
   Subject to the approval of the director of the division of property valuation
and review, the supervisor shall appoint for the year 1973: one appraiser for a
term of three years; one appraiser for a term of two years; and one appraiser for
a term of one year; and. For each year thereafter, the board of governors shall
annually appoint one appraiser for a term of three years. The supervisor board
of governors may revoke any appointment made under this section and shall,
subject to the approval of the director of the division of property valuation and
review, fill any vacancy in the board of appraisers. The three appraisers, who
shall be residents of Essex county, shall constitute the board of appraisers.
§ 1356. FUNCTIONS AND DUTIES OF BOARD OF APPRAISERS


                                      - 1126 -
   The board of appraisers shall perform the same functions and duties for the
unorganized towns and gores that the listers perform for their municipality.
Except as otherwise specifically provided, the appraisers shall enjoy the same
powers, privileges, immunities, and remuneration, and shall be subject to the
same obligations, limitations, liabilities and penalties in respect to their
unorganized towns and gores, as listers enjoy and are subject to in respect to
their municipality.
Sec. 5. EFFECTIVE DATE
  This act shall take effect on January 1, 2000.
  (Committee vote: 8-0-0)
   Rep. Mallary of Brookfield, for the Committee on Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committee on Local Government.
(Committee Vote: 8-0-3)
                                Ordered to Lie
                                     H. 675
  An act relating to the organization of minor political parties.
  Pending Action: Second reading of the bill.
                                     H. 677
   An act relating to municipal review of public land uses and developments,
and correctional facility health and safety
  Pending Question: Shall the House amend the bill as recommended by the
Committee on Local Government?
                                     H. 729
  An act relating to voter eligibility within conservation districts.
  Pending Action: Shall the House amend the bill as recommended by the
Committee on Local Government?
                                     H. 749
  An act relating to exempting municipally-owned trucks from weight limits.
  Pending Question: Shall the bill be read a third time?
                            PUBLIC HEARINGS
  Wednesday, March 22, 2000, Room 11, 7 – 9 PM, House Committee on
Commerce – Emergency Medical Services
                                    - 1127 -
  Thursday, March 23, 2000, Room 11, 7 – 10 PM, Senate Committee on
Natural Resources and Energy – Air Quality – Vt. Agency of Natural
Resources proposal to increase emissions through a federal waiver
                           MEETING NOTICE
  The House Committee on Rules will meet Tuesday, March 28, 2000 at 4
PM in Room 10.


                                       INDEX
      BILL #                                                    PAGE
                   Unfinished Business of Thursday 3-16-00
       J.R.H. 206                                               1074
                         Favorable with Amendment
       H. 852                                                   1074
             Action Postponed Until Monday, March 20, 2000
       H. 609                                                   1093
                       Favorable with Amendment
       H. 53                                                    1104
                  Brooks et al Amend                            1120
       H. 825                                                   1121
                  Cross Amend                                   1121
               Unfinished Business of Tuesday, March 21, 2000
                              Third Reading
         H. 697                                              1121
                  Mazur/Holmes Amend                            1121
                       Favorable with Amendment
       H. 577                                                   1122
       H. 683                                                   1122
                           For Action Under Rule 52
       J.R.H. 207                                               1123


                                 - 1128 -
                  NEW BUSINESS
 H. 567                                 1123
J.R.H. 208                              1123
               NOTICE CALENDAR
             Favorable with Amendment
H. 691                                  1123
                  Ordered to Lie
H. 675                                  1127
H. 677                                  1127
H. 729                                  1127
H. 749                                  1127




                     - 1129 -

				
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