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Senate Calendar

thursday, january 26, 2006

24th DAY OF ADJOURNED SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

UNFINISHED BUSINESS OF WEDNESDAY JANUARY 25, 2006

Second Reading

Favorable with Recommendation of Amendment

S. 209     Exemption from safety belt & child restraint laws................................. 77                              Transportation Committee Report............................................................................................. 77

NEW BUSINESS

Third Reading

S. 122     Local sales tax option for all municipalities........................................... 78

H. 279    Relating to the location of the office of veterans’ affairs........................ 78

H. 280    Relating to the patriot’s medal............................................................. 79

Second Reading

Favorable with Recommendation of Amendment

S. 30       Unemployment compensation for newspaper carriers........................... 78

                  Economic Development Committee Report...................................... 78

                  Finance Committee Report.............................................................. 79

Joint Resolution for Action

JRS 50   International trade agreements & pharmaceutical drug programs.......... 79

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 127     Relating to the Vermont housing finance agency................................... 79

                  Finance Committee Report.............................................................. 79

S. 267     Placing a security freeze on a credit report........................................... 87

                  Judiciary Committee Report............................................................. 87


CONSENT CALENDAR

Concurrent Resolutions for Adoption

(For text of Resolutions, see Addendum to January 26, 2006 Calendar)

SCR 47  Milbank Memorial Fund on its centennial anniversary........................... 54

SCR 48  Congratulating Lake View Grange on its centennial anniversary............ 55

HCR 216  35th anniversary of The Falls Playschool in Bellows Falls.................. 56

HCR 217  In memory of Rep. Robert “Bob” Wood of Brandon........................ 58

HCR 218  Congratulating the Otter Valley Union H.S. football team.................. 60

HCR 219  Honoring St. Peter’s Parish in Rutland on its 150th anniversary......... 61

HCR 220  Vermont Girl Scout Gold and Silver Award Winners........................ 62

HCR 221  Former Supreme Court Justice and Rep. Wynn Underwood............. 64

HCR 222  Recognizing national nurse anesthetists’ week................................... 65

ORDERED TO LIE

S. 112     Relating to the practice of optometry................................................... 91

S. 157     Relating to rulemaking for Vermont origin............................................ 91



 

ORDERS OF THE DAY

ACTION CALENDAR

UNFINISHED BUSINESS OF WEDNESDAY, JANUARY 25, 2006

Second Reading

Favorable with Recommendation of Amendment

S. 209

An act relating to an exemption from the safety belt and child restraint laws for emergency evacuations.

Reported favorably with recommendation of amendment by Senator Maynard for the Committee on Transportation.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 1258(b) is amended to read:

(b)  A person shall not be adjudicated in violation of this section if:

(1)  the motor vehicle is regularly used to transport passengers for hire except a motor vehicle owned or operated by a day care facility; or

(2)  the motor vehicle was manufactured without safety belts; or

(3)  the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.

Sec. 2.  23 V.S.A. § 1259(b) is amended to read:

(b)  A person is required to be restrained in a safety belt system unless:

(1)  the person is a rural mail carrier of the United States Postal Service operating a motor vehicle in the performance of employment; or

(2)  the person is a driver or passenger frequently stopping and leaving the motor vehicle or delivering property from the motor vehicle, if the speed of the motor vehicle between stops does not exceed 15 miles per hour; or

(3)  the person is the operator of any farm tractor; or

(4)  the person is a member of the emergency personnel of an emergency motor vehicle and finds it necessary to be unrestrained in order to perform his or her duties; or

(5)  the motor vehicle the person is occupying is a bus or taxi; or

(6)  the person is required to be restrained under section 1258 of this title; or

     (7)  the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.

Sec. 3.  EFFECTIVE DATE

This act shall take effect from passage.

(Committee vote: 6-0-0)

NEW BUSINESS

Third Reading

S. 122

An act relating to local sales tax options for all municipalities.

H. 279

An act relating to location of the office of veterans’ affairs.

H. 280

An act relating to the patriot’s medal.

Second Reading

Favorable with Recommendation of Amendment

S. 30

An act relating to unemployment compensation and newspaper carriers.

Reported favorably with recommendation of amendment by Senator Miller for the Committee on Economic Development, Housing and General Affairs.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  21 V.S.A. § 1301(6)(C)(xxi) is added to read:

(xxi)  Newspaper carriers.  Service performed by an individual selling or delivering newspapers or magazines to ultimate consumers, under an arrangement by which the individual buys the newspapers or magazines at a fixed price and the individual’s compensation is based on the difference between the price the individual paid and the retail price charged for the newspapers or magazines and the sale or delivery is normally accomplished on foot, and the individual is not required to use a motorized vehicle.

(Committee vote: 4-1-1)

Reported favorably by Senator Maynard for the Committee on Finance.

(Committee vote: 4-2-1)

Joint Resolution for Action

J.R.S. 50

Joint resolution relating to international trade agreements and pharmaceutical drug programs.

(For text of Resolution, see Senate Journal for Wednesday, January 25, 2006, page 74)

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 127

An act relating to Vermont housing finance agency.

Reported favorably with recommendation of amendment by Senator Ayer for the Committee on Finance.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. § 601 (7), (8), (9), (10), (14), and (19) are amended to read:

(7)  “Housing sponsor” or “sponsor” means a person who is organized on a nonprofit or limited profit basis or agrees to appropriate conditions as described in subdivision 624(b)(5) of this title and who is approved by the agency as qualified either to own, construct, acquire, rehabilitate, operate, manage, or maintain residential housing;

(8)  “Mortgage” means a mortgage deed, deed of trust, or other instrument which shall constitute a lien on real property in fee simple or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, which does not expire for at least that number of years beyond prior to the maturity date of the obligation secured by the mortgage as is equal to the number of years remaining until the maturity date of the obligation or on a cooperative interest or on an interest in a mobile home.  “Mortgage” shall also include any mortgage or obligation guaranteed by the Vermont home mortgage guarantee board or its successor;

(9)  “Mortgage lender” means any bank or trust company, federal national mortgage association approved mortgage banker, mortgage company approved by any government-sponsored entity, savings bank, savings and loan association, industrial bank, credit union, national banking association, federal savings and loan association, federal credit union, or other financial institution or governmental agency or instrumentality which customarily provides or otherwise aids in the financing of mortgage loans on residential housing located in the state;

(10)  “Mortgage loan” means and includes:

(A)  an interest-bearing or noninterest bearing obligation secured by either a mortgage or note or bond other security instrument constituting a lien on land and improvements in the state;

(B)  an interest-bearing or noninterest bearing obligation secured by a pledge of a cooperative interest and a conditional assignment of the proprietary lease incidental thereto;

(C)  an interest-bearing or noninterest bearing obligation secured by the owner-occupant’s interest in a mobile home, provided that:

(i)  the mobile home is to be sited in a manner intended for continuous residential occupancy by the owner on land owned by the owner of the mobile home and shall be secured by a mortgage that shall constitute a first lien on the mobile home and the real property to which it is affixed; or

(ii)  the mobile home is to be sited in a manner intended for continuous residential occupancy on land leased by the owner of the mobile home and shall be secured by a note or otherwise and collateral assignment of a lease of real property that shall constitute a first lien upon the mobile home.  Notwithstanding any other provision of this chapter, the lease of the land upon which the mobile home is sited shall be for a term of at least one year, shall be renewable for periods of at least one year, and shall comply with the requirements of 10 V.S.A. § 6236.  This definition shall not preclude the requirement of security in addition to that specified in this subsection for any mortgage loan.

(14)  “Residential housing” means residential housing units designed primarily to provide principal dwelling accommodations whether on a permanent or temporary basis for persons or families, which may include the land and improvements thereon and such nonhousing facilities or services considered necessary or convenient or part of a community development plan by the agency in connection with the residential housing, including commercial enterprises and government functions within the same building.  “Residential housing” includes, but is not limited to, single or multi-family dwellings, congregate homes, residential care homes as defined in 33 V.S.A. § 7102, nursing homes, transitional housing, emergency shelters for the homeless or displaced, mobile homes, single room occupancy dwellings, and group homes for the mentally ill or developmentally disabled.  “Residential housing” also means cooperative interests, and mobile home parks as defined in section 6201 of this title;

(19)  “Equity loan” means a mortgage loan to a housing sponsor secured by a mortgage on property constituting residential housing in an amount that, when added to the amount of any prior mortgages on the property, does not exceed ninety 90 percent of the value of the property plus the value of additional collateral deemed appropriate and as determined by the agency, provided the agency has made a finding that the effect of such loan will be to maintain or increase the supply of residential housing in the state for persons and families of low and moderate income.

Sec. 2.  10 V.S.A. § 621 is amended to read:

§ 621.  GENERAL POWERS AND DUTIES

The agency shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including without limitation those general powers provided a business corporation by section 1852 of Title 11 and those general powers provided a nonprofit corporation by section 2352 of Title 11 and including, without limiting the generality of the foregoing, the power to:

(1)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts and instruments which may be made and executed with the state or the United States or any agency or instrumentality of either of them or with private corporations or individuals, including contracts with mortgage lenders or other qualified entities for the servicing of mortgages made or acquired by the agency pursuant to this chapter or for assistance rendered the agency in the location of all eligible mortgagees or to pay the reasonable value of services rendered to the agency pursuant to these contracts;

* * *

(4)  Provide, contract, or arrange for consolidated processing of any aspect of the financing of residential housing under this chapter in order to avoid duplication thereof by either undertaking the processing in whole or in part on behalf of any department, agency, or instrumentality of the United States or of this state, or, in the alternative, to delegate or contract for the processing in whole or in part to any department, agency, or instrumentality of the United States or of this state, or to a private contractor acceptable to the agency;

(5)  Provide advice, technical information, assistance in obtaining federal and state aid, and make such grants, loans, or advances as will assist the planning, construction, rehabilitation, and operation of residential housing primarily for persons of low and moderate income, including but not limited to assistance in community development and organization, advisory services, the formation of cooperative housing corporations and to encourage community organizations to assist in developing same;

* * *

(18)  Make grants and loans or advances secured by a mortgage to housing sponsors for predevelopment activities related to the development of residential housing;

(19)  Make loans or advances secured by a mortgage to housing sponsors for the acquisition, construction, rehabilitation, operation, or maintenance of residential housing;

(19)(20)  Make loans to members of a housing cooperative corporation to finance their cooperative interests in such housing cooperative corporation and make mortgage loans and loans to persons or families to finance mobile homes;

(20)(21)  Use funds received from real estate trust and escrow accounts established under 26 V.S.A. § 2214(c), IORTA funds, for down payment and closing cost assistance with priority given to persons and families at or below 90% 90 percent of median income and to persons and families purchasing perpetually affordable housing.

Sec. 3.  10 V.S.A. § 622(3) and (7) are amended to read:

(3)  To make commitments to purchase, and to purchase, service, and sell federally insured mortgage loans or mortgages guaranteed by the Vermont home mortgage credit agency or its successors and to make loans directly upon the security of any such mortgage, provided the underlying mortgage loans shall have been made and shall be continued to be used solely to finance or refinance the construction, rehabilitation, purchase, or leasing of residential housing in this state;

(7)  To purchase, make, or otherwise participate in the making, to enter into commitments, for the purchase, making, or participation in the making, of eligible loans for rehabilitation to persons and families of low and moderate income, and to owners of existing residential housing for occupancy by those persons and families, for the rehabilitation of existing residential housing owned by them.  The loans may be insured or uninsured and shall be made with such security as the agency considers advisable.  They may be made in amounts sufficient to refinance existing indebtedness secured by the property, if the refinancing is determined by the agency to be necessary to permit the owner to meet his housing costs without expending an unreasonable portion of his income on it.  A loan for rehabilitation shall not be made unless the agency determines that the loan is to be used primarily to make the housing more desirable to live in, to increase the market value of the housing, to comply with building, housing maintenance, fire, health, or similar codes and standards applicable to housing, to accomplish energy conservation related improvements or to insure independent living for persons who are handicapped or elderly.  Rehabilitation loans shall be made only when the agency determines that financing is not otherwise available, in whole or in part, from private lenders upon equivalent terms and conditions.

Sec. 4.  10 V.S.A. § 623(h) is amended to read:

(h)  The agency may require that the loans to mortgage lenders shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts as the agency shall by resolution determine to be necessary to assure the payment of the loans and the interest thereon as they become due.  The collateral security shall consist of:

* * *

(2)  obligations, satisfactory to the agency, issued by any of the following federal agencies:  Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Federal Land Banks, the Government National Mortgage Association; or issued by Federal National Mortgage Association; or Federal Home Loan Mortgage Corporation;

* * *

Sec. 5.  10 V.S.A. § 624(a)(1) is amended to read:

(1)  Make, undertake commitments to make, purchase, undertake commitments to purchase, and participate with mortgage lenders in the making of mortgage loans, including federally insured mortgage loans and loans guaranteed by the Vermont home mortgage guarantee board and to make temporary grants, loans, and advances in anticipation of mortgage loans to housing sponsors to finance the acquisition, construction or rehabilitation of residential housing; provided, that this subdivision shall not be construed to include equity loans;

Sec. 6.  10 V.S.A. § 624(b)(2) and (5) are amended to read:

(2)  The mortgage loan may be in an amount not to exceed the value of the residential housing as determined by the agency.  The value determined may include the value of additional collateral as deemed appropriate by the agency;

(5)  Each mortgage loan to a housing sponsor for residential housing shall be subject to an agreement between the agency and the housing sponsor which will subject the housing sponsor and its principals or stockholders, if any, to limitations established by the agency as to sale prices, rental, and other charges, builder’s and developer’s profits and fees, and the disposition of its property and franchise to the extent more restrictive limitations are not provided by the law under which the housing sponsor is incorporated or organized or by this chapter; and

Sec. 7.  10 V.S.A. § 625(1) is amended to read:

(1)  The residential housing qualifies for financing with proceeds of federally tax-exempt obligations or at least 20 percent of the units is primarily for occupancy by persons and families of low and moderate income;

Sec. 8.  10 V.S.A. § 625(3) is amended to read:

(3)  The agency determines that there exists, or without the proposed residential housing there will exist, a shortage of decent, safe, and sanitary housing at rentals or prices which persons and families of low or moderate income are able to afford within the general housing market area or there is a shortage of temporary transitional or emergency housing to be served by the proposed residential housing and that private enterprise and investment are unable, without assistance, to provide an adequate supply of the residential housing and sufficient mortgage financing for residential housing for occupancy by the persons or families; and            

Sec. 9.  10 V.S.A. § 631(a) and (b) are amended to read:

(a)(1)  The agency may issue its negotiable notes and bonds in such principal amount as the agency determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the agency, establishment of reserves to secure the notes and bonds including the reserve funds created under section 632 of this title, and all other expenditures of the agency incident to and necessary or convenient to carry out its corporate purposes and powers.  However, the bonds or notes of the agency outstanding at any one time shall not exceed $900,000,000.00.

(2)  The agency shall have the power, from time to time, to issue notes to renew notes and bonds to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes.

(3)  Except as may otherwise be expressly provided by resolution of the agency, every issue of its notes and bonds shall be general obligations of the agency payable out of any revenues or moneys of the agency, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(4)  Federal aggregate limits. Pursuant to section 103A(g)(6) of the federal Internal Revenue Code, the authority to issue qualified mortgage bonds within the limits of the state ceiling for any calendar year is hereby allocated seventy-five percent to the Vermont housing finance agency.

(b)  The notes and bonds shall be authorized by resolution or resolutions of the agency, shall bear such date or dates and shall mature at such time or times as the resolution or resolutions may provide, except that no bond shall mature more than 42 years from the date of its issue.  The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof.  The notes and bonds shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the state, and be subject to such terms of redemption as the resolution or resolutions may provide, provided, however, that at the time of the authorization of the issuance of such bonds or notes the agency determines in such resolution:

(1)  that mortgage loans made by or on behalf of the agency, directly or indirectly, with the proceeds of such bonds or notes in accordance with section 621 or 622 of this title can be issued bearing a rate or rates of interest which will be less than the prevailing rate of interest on comparable mortgage loans available in the state without the assistance of the agency at the time the bonds or notes are sold; and

(2)  that the agency will derive receipts, revenues or other income from mortgages purchased or loans made through mortgage lenders with the proceeds of such bonds or notes sufficient to provide, together with all other available receipts, revenues, and income of the agency, for the payment of such bonds or notes and the payment of all costs and expenses incurred by the agency with respect to the program or purpose for which such bonds or notes are issued.  The notes and bonds of the agency may be sold by the agency, at public or private sale, at such price or prices as the agency shall determine.

Sec. 10.  10 V.S.A. § 632(d) is amended to read:

(d)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the agency, there may be appropriated annually and paid to the agency for deposit in each such fund, such sum as shall be certified by the chairman chair of the agency, to the governor or the governor-elect, the president of the senate, and the speaker of the house, as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund.  The chairman chair shall annually, on or about February 1, make and deliver to the governor or the governor-elect, the president of the senate, and the speaker of the house, his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the agency during the then current state fiscal year.  The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $125,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the agency in contravention of the Constitution of the United States of America.

Sec. 11.  32 V.S.A. § 9602 is amended to read:

§ 9602.  TAX ON TRANSFER OF TITLE TO PROPERTY

A tax is hereby imposed upon the transfer by deed of title to property located in this state. The amount of the tax equals one and one quarter one‑quarter percent of the value of the property transferred, or $1.00, whichever is greater, except as follows:

(1)  with respect to the transfer of property to be used for the principal residence of the transferee the tax shall be imposed at the rate of five-tenths of one percent of the first $100,000.00 in value of the property transferred and at the rate of one and one quarter one‑quarter percent of the value of the property transferred in excess of $100,000.00, provided that no tax shall be imposed on the first $100,000.00 $140,000.00 in value of the property if the purchaser obtains a purchase money mortgage that the Vermont housing finance agency has committed to make or purchase;

* * *

(Committee vote: 7-0-0)

S. 267

An act relating to placing a security freeze on a credit report.

Reported favorably with recommendation of amendment by Senator Sears for the Committee on Judiciary.

The Committee recommends that the bill be amended by striking out 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:

* * *

(7)  “Security freeze” means a notice placed in a credit report, at the request of the consumer who is a victim of identity theft, pursuant to section 2480h of this title.

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

§ 2480b.  DISCLOSURES TO CONSUMERS

* * *

(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, in at least 12 point type, and in bold type as indicated, the following notice:

* * *

(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.

Vermont Consumers Who Are Victims of Identity Theft

Have the Right to Obtain a Security Freeze

You may obtain a security freeze on your credit report at no charge if you are a victim of identity theft and you submit a copy of a police report, investigative report or complaint you have filed with a law enforcement agency about unlawful use of your personal information by another person.  You have a right to place a “security freeze” on your credit report pursuant to 9 V.S.A. § 2480h at no charge.  The security freeze will prohibit a credit reporting agency from releasing any information in your credit report without your express authorization.  A security freeze must be requested in writing by certified mail.

The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent.  However, you should be aware that using a security freeze to take control over who gains access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, government services or payments, 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.

When you place a security freeze on your credit report, within ten business days you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a specific party, parties or period of time after the freeze is in place.  A credit reporting service may charge $10.00 for each of these services; except for victims of identity theft, there is no charge if you submit a copy of a police report, investigative report, or complaint you have filed with a law enforcement agency about unlawful use of your personal information by another person.  To provide that authorization, you must contact the credit reporting agency and provide all of the following:

(1)  The unique personal identification number or password provided by the credit reporting agency.

(2)  Proper identification to verify your identity.

(3)  The proper information regarding the third party or parties who are to receive the credit report or the period of time for which the report shall be available to users of the credit report.

A credit reporting agency that receives a request from a consumer to lift temporarily a freeze on a credit report shall comply with the request no later than three business days after receiving the request.

A security freeze will not apply to “preauthorized approvals of credit.”  If you want to stop receiving preauthorized approvals of credit, you should call [INSERT PHONE NUMBERS] [ALSO INSERT ALL OTHER CONTACT INFORMATION FOR PRESCREENED OFFER OPT OUT.]

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account, provided you have previously given your consent to this use of your credit reports.  Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

You have a right to bring a civil action against someone who violates your rights under the credit reporting laws.  The action can be brought against a credit reporting agency or a user of your credit report.”

Sec. 3.  9 V.S.A. § 2480h(a) is amended to read:

(a)  A consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a credit reporting agency with a valid copy of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person.  A Vermont consumer may place a security freeze on his or her credit report.  A credit reporting agency shall not charge a fee for placing, removing, or removing for a specific party or parties a security freeze on a credit report.  A consumer may place a security freeze on his or her credit report by making a request in writing by certified mail to a credit reporting agency.  A credit reporting agency may charge a consumer a fee of no more than $10.00 for removing or removing for a specific party or parties a security freeze on a credit report, except for a consumer who has been the victim of identity theft who may do so at no charge by making a request in writing by certified mail to a credit reporting agency with a valid copy of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person.  A security freeze shall prohibit, subject to the exceptions in subsection (l) of this section, the credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer.  When a security freeze is in place, information from a consumer’s credit report shall not be released to a third party without prior express authorization from the consumer.  This subsection does not prevent a credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report.

(Committee vote: 5-0-1)


CONSENT CALENDAR

Concurrent Resolutions

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

S.C.R.  47.

     Senate concurrent resolution congratulating Lake View Grange #359 on its centennial anniversary.

S.C.R.  48.

     Senate concurrent resolution congratulating the Milbank Memorial Fund on its centennial anniversary.

H.C.R. 216.

House concurrent resolution congratulating The Falls Playschool in Bellows Falls on its 35th anniversary.

H.C.R.  217.

House concurrent resolution in memory of Representative Robert “Bob” Wood of Brandon.

H.C.R.  218.

     House concurrent resolution congratulating the 2005 Division IV championship Otter Valley Union High School football team.

H.C.R.  219.

House concurrent resolution honoring St. Peter’s Parish in Rutland on its 150th anniversary.

H.C.R.  220.

     House concurrent resolution congratulating the Girl Scout Council of Vermont’s 2005 Girl Scout Gold Award and Silver Award winners.

H.C.R.  221.

House concurrent resolution in memory of former Supreme Court Justice and Representative Wynn Underwood.


H.C.R.  222.

House concurrent resolution recognizing national nurse anesthetists' week.

ORDERED TO LIE

S. 112

An act relating to the practice of optometry.

PENDING ACTION:  Second reading of the bill.

S. 157

An act relating to rulemaking for Vermont origin.

PENDING ACTION:  Second reading of the bill.

REPORTS ON FILE

Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:

63.     Mercury Pollution Report.  (Advisory Committee on Mercury Pollution).  (January 2006).

64.     Vermont Center for Geographic Information Inc. Annual Report.  (January 2006).

65.     Gross Operating Revenues of Regulated Utilities for FY 2005 Report.  (Public Service Board).  (January 2006).

66.     Comprehensive Annual Financial Report.  (Dept. of Finance and Management).  (January 2006).

PUBLIC HEARINGS

     Tuesday, February 11, 2006 – Room 11 – 7:00-9:00 P.M. – Re:  H.615 – Public Records Act and the Deliberation Process – House Committee on Government Operations.

Joint Public Hearing on Fiscal Year 2007 budget

on Vermont Interactive Television

Appropriations Committees

MONDAY, FEBRUARY 13, 2006, 5:00 TO 7:30 P.M.

The House and Senate Appropriations Committees will hold a joint public hearing on Vermont Interactive Television (V.I.T.) to give Vermonters throughout the state an opportunity to express their views about the State budget for fiscal year 2007.  All V.I.T. sites will be available for the hearing:  Bennington, Brattleboro, Castleton, Johnson, Lyndon, Middlebury, Newport, Randolph, Rutland, Springfield, St. Albans, Waterbury, White River Junction, and Williston.  V.I.T.’s web site has an up-to-date location listing, including driving directions and telephone numbers: 

www.vitlink.org

For further information about the format of this event, call the House Appropriations Committee office at 802/828-2251.  Requests for interpreters should be made to the office no later than 4:00 p.m. on Friday, February 3.

JOINT ASSEMBLY

Thursday, February 16, 200610:00 A.M. – House Chamber – Election of two (2) legislative Trustees of the Vermont State Colleges Corporation.

Legislative candidates for these two (2) Trustee positions are reminded that they must notify the Secretary of State in writing of their candidacy not later than Thursday, February 9, 2006, by 5:00 P.M., pursuant to the provisions of 2  V.S.A. §12(b).  Otherwise their names will not appear on the ballot for these positions.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us