Journal of the House

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WEDNESDAY, MAY 7, 2003

At one o'clock in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Walter Freed of Dorset.

Message from the Senate No. 61

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that pursuant to the request of the House for a Committee of Conference on the disagreeing votes of the two Houses on House bill entitled:

H. 453. An act relating to tort claims against municipal employees.

The President announced the appointment as members of such Committee on the part of the Senate:

Senator Bloomer

Senator Sears

Senator Leddy

The Governor has informed the Senate that on the sixth day of May, 2003, he approved and signed a bill originating in the Senate of the following title:

S. 173. An act relating to prohibition of cigarette sales.

Joint Resolution Adopted

J.R.H. 19

Joint resolution, entitled

Joint resolution in support of construction of segments A-B of the Chittenden County Circumferential Highway;

Was taken up and adopted on the part of the House.

Proposal of Amendment Agreed to; Bill Read the Third Time

and Passed in Concurrence with Proposals of Amendment

S. 25

Senate bill, entitled

An act relating to motor vehicle passenger safety;

Was taken up and pending third reading of the bill, Rep. Hall of Newport City moved the House propose to the Senate to amend the bill as follows:

In Sec. 1, 23 V.S.A. § 1258(b), by adding a subdivision (b)(3) to read:

(3) the total number of persons being transported exceeds the number of safety belts, so long as all safety belts are being utilized.

Which was disagreed to.

Pending third reading of the bill, Reps. Nitka of Ludlow, Kennedy of Chelsea, Lavoie of Swanton, and Peterson of Williston moved the House propose to the Senate to amend the bill as follows:

In Sec. 1, by striking 23 V.S.A. § 1258(a) (2) and (3) and by inserting in lieu the following:

(2) a child weighing more than 20 pounds, or who is one year of age or older and under the age of five years, shall be restrained in a child passenger restraining system; and

(3) a child five through 15 years of age shall be restrained in a safety belt system or a child passenger restraining system.

Which was disagreed to.

Pending third reading of the bill, Reps. Peterson of Williston and LaVoie of Swanton moved the House propose to the Senate to amend the bill as follows:

First: In Sec. 1, by striking 23 V.S.A. § 1258(a) (2) and (3) and inserting in lieu the following:

(2) a child under age eight, who is not subject to subdivision (1), and is under the height of 57 inches, shall be restrained in a child passenger restraining system; and;

(3) a child under age 16, who is not subject to subdivisions (1) or (2) of this section shall be restrained in a child passenger restraining system or a safety belt system.

Second: By adding a new Sec.1a. to read:

Sec. 1a. TRANSITIONAL ENFORCEMENT

Until January 1, 2005, violations of 23 V.S.A.§ 1258(a) limited to a child ages five, six, or seven who is not restrained by a child passenger restraining system shall only be subject to a warning

Which was disagreed to.

Pending third reading of the bill, Rep. Allaire of Rutland City moved the House propose to the Senate to amend the bill as follows:

In Sec. 1, by striking 23 V.S.A. § 1258(a) (1) and (2), and inserting in lieu the following:

(1) all children under the age of one, and all children weighing less than 20 pounds, regardless of age, shall be restrained in a rear-facing position, properly secured in a federally-approved child passenger restraining system, which shall not be installed in front of an active air bag;

(2) a child weighing more than 20 pounds, and who is one year of age or older and under the age of eight years, shall be restrained in a child passenger restraining system; and

Which was agreed to.

Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass? Rep. Donahue of Northfield demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 98. Nays, 38.

Those who voted in the affirmative are:

Adams of Hartland

Allaire of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of South Burlington

Bailey of Hyde Park

Bohi of Hartford

Bostic of St. Johnsbury

Botzow of Pownal

Brooks of Montpelier

Brown of Walden

Carey of Chester

Chen of Mendon

Clark of St. Johnsbury

Connell of Warren

Corcoran of Bennington

Crawford of Burke

Cross of Winooski

Dakin of Colchester

Darrow of Dummerston

Deen of Westminster

DePoy of Rutland City

Donaghy of Poultney

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Endres of Milton

Errecart of Shelburne

Flory of Pittsford

French of Randolph

Gervais of Enosburg

Grad of Moretown

Gray of Barre Town

Head of South Burlington

Heath of Westford

Hingtgen of Burlington

Houston of Ferrisburgh

Howrigan of Fairfield

Hummel of Underhill

Hunt of Essex

Jewett of Ripton

Johnson of South Hero

Johnson of Canaan

Keenan of St. Albans City

Kennedy of Chelsea

Kenyon of Bradford

Keogh of Burlington

Ketchum of Bethel

Kilmartin of Newport City

Kirker of Essex

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Krawczyk, A. of Bennington

Krawczyk, J. of Bennington

Larson of Burlington

Lippert of Hinesburg

Maier of Middlebury

Marek of Newfane

Marron of Stowe

Martin of Springfield

Masland of Thetford

Mazur of South Burlington

McCullough of Williston

McLaughlin of Royalton

Miller of Shaftsbury

Miller of Elmore

Molloy of Arlington

Morrissey of Bennington

Myers of Essex

Nease of Johnson

Obuchowski of Rockingham

Partridge of Windham

Peaslee of Guildhall

Pelham of Calais

Pillsbury of Brattleboro

Pugh of South Burlington

Rodgers of Glover

Rusten of Halifax

Schiavone of Shelburne

Seibert of Norwich

Severance of Colchester

Shand of Weathersfield

Shaw of Derby

Smith of Morristown

Starr of Troy

Sweaney of Windsor

Towne of Berlin

Tracy of Burlington

Trombley of Grand Isle

Valliere of Barre City

Vincent of Waterbury

Westman of Cambridge

Winters of Swanton

Wright of Burlington

Zuckerman of Burlington

Rep. Donahue of Northfield explained her vote as follows:

“Mr. Speaker:

I am glad for those in our state who can afford multiple car seats and large cars. I vote no on behalf of our many citizens who cannot.”

Rep. Young of Orwell explained his vote as follows:

“Mr. Speaker:

I have a clean low mileage eight passenger Chevrolet Suburban that will soon be coming off lease. Is anyone interested?”

Message from Governor

A message was received from His Excellency, the Governor, by Mr. Neale Lunderville, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the sixth day of May, 2003, he approved and signed a bill originating in the House of the following title:

H. 44 An act to permit the sale and use of sparklers

Third Reading; Bill Passed in Concurrence

With Proposal of Amendment

S. 93

Senate bill, entitled

An act relating to mandatory reporting of suspected child abuse and neglect;

Pending third reading of the bill, Reps. Nease of Johnson, Larson of Burlington and Pugh of South Burlington moved to propose to the Senate to amend the bill as follows:

In Sec. 3, § 4913(a), by striking the following: “, while acting in his or her capacity as such,”

Thereupon, Rep. Nease of Johnson asked and was granted leave of the House to withdraw his amendment.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Third Reading; Bill Passed in Concurrence

With Proposal of Amendment

S. 15

Senate bill, entitled

An act relating to a juvenile justice legislative oversight committee

Pending third reading of the bill, Reps. Nease of Johnson and Larson of Burlington moved to amend the House proposal of amendment as follows:

In Sec. 5, section 7041 of 13 V.S.A., by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b) Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent~~, except that~~ ~~a person shall not be discharged from probation imposed under this section until restitution has been paid in full, absent a finding of good cause by the court~~. Upon discharge the record of the criminal proceedings shall be expunged as if an application pursuant to section 5538 of Title 33 had been granted, except that the record shall not be expunged until restitution has been paid in full, absent a finding of good cause by the court.

Which was agreed to.

Pending the question, Shall the bill be read the third time? Rep. Hingtgen of Burlington moved to amend the House proposal of amendment as follows:

First: in Sec. 7, subsection 7282(a) of 13 V.S.A., by striking subdivision (5) in its entirety and inserting in lieu thereof a new subdivision (5) to read as follows:

(5)(A) $20.50 for any offense committed after June 30, 2001, of which $13.50 shall be deposited into a special fund account to be known as the victims’ compensation fund, and $2.00 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20; and

(B) an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims’ restitution special fund established by section 5363 of Title 13.

Second: in Sec. 7, subsection 7282(a) of 13 V.S.A., by striking subdivision (6) in its entirety.

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Bill Amended, Read Third Time and Passed

H. 394

House bill, entitled

An act relating to exempting snowmobile trails from Act 250 jurisdiction;

Was taken up and pending third reading of the bill, Rep. Nitka of Ludlow moved to amend the bill as follows:

First: In Sec. 1, 10 V.S.A. § 6001(3)(D)(iii), in the first sentence, by striking the following: “The past, present, or future construction and maintenance of a

portion of a statewide trails system,” and inserting in lieu thereof, “The construction of, improvements, or maintenance of any portion of a statewide trail system on a tract of land not currently under the jurisdiction of this chapter and”

Second: by adding a new Sec. 2 to read:

Sec. 2, 10 V.S.A. § 6001(30) is added to read:

“(30) “Statewide trail system” means the Appalachian Trail, the Catamount Trail, the Long Trail System and the Vermont Association of Snow Travelers’ Trail System.”

Which was agreed to. Thereupon, the bill was read the third time and passed.

Pursuant to rule 41, the title of the bill was amended to read as follows:

AN ACT RELATING TO EXEMPTING CERTAIN TRAILS FROM ACT 250 JURISDICTION;

Bill Amended; Third Reading Ordered

H. 327

Rep. Dakin of Colchester, for the committee on Commerce, to which had been referred House bill, entitled

An act relating to identity theft;

Reported in favor of its passage when amended as by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 9 V.S.A. § 2480a is amended to read:

§ 2480a. DEFINITIONS

For purposes of this subchapter:

(1) “Consumer” means a natural person residing in this state.

(2) “Credit report” means any written, oral, or other communication of any information by a credit reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, including an investigative credit report. The term does not include:

(A) a report containing information solely as to transactions or experiences between the consumer and the person making the report; or

(B) an authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device.

(3) “Credit reporting agency” or “agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of reporting to third parties on the credit rating or creditworthiness of any consumer.

(4) “Identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property with the intent to commit fraud or pose as that person.

~~(4)~~(5) “Investigative credit report” means a report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted or who may have knowledge concerning any such items of information. The term does not include reports of specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a credit reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

(6) “Proper identification,” as used in this subchapter, means that information generally deemed sufficient to identify a person.

(7) “Security alert” means a notice placed in a consumer’s credit report, at the request of the consumer, that notifies a recipient of the credit report that the consumer’s identity may have been used without the consumer’s consent to fraudulently obtain credit, goods, services, money, or property in the consumer’s name.

Sec. 2. 9 V.S.A. § 2480b(c) is amended to read:

(c) Any time a credit reporting agency is required to make a written disclosure to consumers pursuant to 15 U.S.C. § 1681g, it shall disclose the following:

“NOTICE TO VERMONT CONSUMERS

* * *

(3) If you believe a law regulating consumer credit reporting has been violated, you may file a complaint with the Vermont Attorney General’s Consumer Assistance Program, 104 Morrill Hall, University of Vermont, Burlington, Vermont 05405. Telephone number (800) 649-2424 or, in Chittenden County, ~~649-2424~~ 656-3183.”

Rights of Consumers Who Are Victims of ID Theft.

Security Alerts:

You have a right to place a “security alert” in your credit report, which will warn anyone who receives information in your credit report that your identity may have been used without your consent and that recipients of your credit report are advised, but not required, to verify your identity prior to issuing credit. The security alert may prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that taking advantage of this right may delay or interfere with the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, rental housing, employment, investment, license, cellular phone, utilities, digital signature, internet credit card transaction, or other services, including an extension of credit at point of sale. If you place a security alert on your credit report, you have a right to obtain a free copy of your credit report at the time the 90-day security alert period, or any renewal thereof, expires. A security alert may be requested by calling the following toll-free telephone number: (INSERT APPLICABLE TOLL-FREE TELEPHONE NUMBER).

Sec. 3. 9 V.S.A. §§ 2480h - 2480m are added to read:

§ 2480h. ACCEPTANCE OF SECURITY ALERT BY CREDIT REPORTING AGENCY; TIME IN EFFECT

(a) A consumer may elect to place a security alert in his or her credit report by making a request in writing or by telephone to a consumer credit reporting agency. “Security alert” means a notice placed in a consumer’s credit report, at the request of the consumer, that notifies a recipient of the credit report that the consumer’s identity may have been used without the consumer’s consent to fraudulently obtain credit, goods, services, money, or property in the consumer’s name.

(b) A consumer credit reporting agency shall notify each person requesting consumer credit information with respect to a consumer of the existence of a security alert in the credit report of that consumer, regardless of whether a full credit report, credit score, or summary report is requested.

(c) Each consumer credit reporting agency shall maintain a toll-free telephone number to accept security alert requests from consumers 24 hours a day, seven days a week.

(d) The toll-free telephone number shall be included in any written disclosure by a consumer credit reporting agency to any consumer pursuant to subsection 2480b(c) of this title and shall be printed in a clear and conspicuous manner.

(e) A consumer credit reporting agency shall place a security alert on a consumer’s credit report no later than five business days after receiving a request from the consumer.

(f) The security alert shall remain in place for at least 90 days, and a consumer shall have the right to request renewals of the security alert. Each renewal shall remain in place for at least 90 days.

§ 2480i. CREDIT REPORTING AGENCY DUTIES IF SECURITY ALERT IN PLACE

If a consumer has placed a security alert, a consumer credit reporting agency shall provide the consumer, upon request, with a free copy of his or her credit report at the time the 90-day security alert period, or any renewal thereof, expires.

§ 2480j. ENTITIES NOT REQUIRED TO PLACE A SECURITY ALERT

The following entities are not required to place in a credit report a security alert pursuant to section 2480h of this title.

(1) A check services company, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment.

(2) A demand deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine (ATM) abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution.

§ 2480k. DELETION OF CREDIT REPORT INQUIRIES INITIATED AS A

RESULT OF IDENTITY THEFT

A consumer credit reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer credit reporting agency verifies were initiated as the result of identity theft, as defined in section 2480a of this title.

§ 2480l. SWORN COMPLAINTS TO LAW ENFORCEMENT AGENCIES

A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in subsection 2029(a) of Title 13, may make a written complaint about the unlawful use of personal identifying information to a law enforcement agency that has jurisdiction over his or her actual residence. The complaint shall be made under oath. The law enforcement agency shall provide the complainant with a copy of the sworn complaint, the name of the law enforcement officer taking the complaint, and an incident number or case number assigned to the complaint by the law enforcement agency. If the suspected crime was committed in a different jurisdiction, the law enforcement agency shall refer the complaint to a law enforcement agency in that different jurisdiction.

§ 2480m. VERIFICATION OF CHANGE OF CONSUMER’S ADDRESS

FOR PREAPPROVED OFFERS OF CREDIT

(a) A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card that lists an address that is different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed.

(b) Notwithstanding any other provision of law, a person to whom an offer or solicitation to receive a credit card is made shall not be liable for the unauthorized use of a credit card issued in response to that offer or solicitation if the credit card issuer does not verify the change of address pursuant to subsection (a) of this section prior to the issuance of the credit card, unless the credit card issuer proves that this person actually incurred the charge on the credit card.

(c) When a credit card issuer receives a written or oral request for a change of the cardholder’s billing address and then receives a written or oral request for an additional credit card within 10 days after the requested address change, the credit card issuer shall not mail the requested additional credit card to the new address or, alternatively, activate the requested additional credit card unless the credit card issuer has verified the change of address.

Sec. 4. 13 V.S.A. § 2029 is added to read:

§ 2029. IDENTITY THEFT

(a) No person shall knowingly obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person without the consent of the other person and with intent to use the information to commit or facilitate any crime.

(b) No person shall knowingly obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person without the consent of the other person, thereby knowingly facilitating the use of the information by a third person to commit or facilitate any crime.

(c) For the purposes of this section, “personal identifying information” includes name, address, birth date, Social Security number, driver’s license number, telephone number, financial services account number, savings account number, checking account number, credit card number, debit card number, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mother’s maiden name, or similar personal number, record, or information.

(d) A person who violates this section shall be imprisoned for not more than three years or fined not more $3,000.00, or both. A person who violates this section knowing that the victim is a person 18 years of age or older who has a diagnosed physical or mental impairment or a person who is 60 years of age or older shall be imprisoned for not more than five years or fined not more than $5,000.00, or both. A person who commits a second or subsequent violation of this section shall be imprisoned for not more than ten years or fined not more than $10,000.00, or both.

Sec. 5. REPORT ON THE CALIFORNIA SECURITY FREEZE LAW AND

VERMONT IDENTITY THEFT

Within one year of the effective date of this act, the office of the attorney general shall report to the House Committee on Commerce on the performance, effectiveness, and problems of the California security freeze law and the impact of identity theft on Vermonters, including the number and result of complaints and criminal cases.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Commerce agreed to and third reading ordered.

Bills Messaged to Senate Forthwith

On motion of Rep. Symington of Jericho, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

H. 394

House bill, entitled

An act relating to exempting certain trails from Act 250 jurisdiction;

S. 15

Senate bill, entitled

An act relating to a juvenile justice legislative oversight committee

S. 25

Senate bill, entitled

An act relating to motor vehicle passenger safety;

S. 93

Senate bill, entitled

An act relating to mandatory reporting of suspected child abuse and neglect;

Adjournment

At three and five minutes in the afternoon, on motion of Rep. Houston of Ferrisburgh, the House adjourned until tomorrow at one o’clock in the afternoon.