Vermont Legislature SmartTranscripts:

[Speaker 0]: Will the house please come to order and members kindly take their seats? Good morning. Good morning. The devotional today will be led by the reverend Kenzon of the Shaoshan Temple in Woodbury.

[Reverend Kenzon (Shaoshan Temple, Woodbury)]: As we begin our day, let us take a moment together to touch what connects us one with another and what we share in common. I invite you now to sit comfortably and looking inward, become aware of the breathing, the physical sensation of the breath coming in and going out. And with this breath, recognizing that our own most basic desire is to be happy, a deep wish for profound contentment and fulfillment. Sending these good wishes silently to ourselves: May I be content, fulfilled, happy. May I be safe. May I live with ease. Now bringing to mind someone we care about deeply, seeing them with our mind's eye, and extending to them the warm wishes from our heart. May you be content. May you be safe. May you live with ease. Knowing that our happiness and someone else's happiness does not diminish the amount available but rather increases it, increases the total happiness in the world. We let our good wishes emanate also to all others here now in this house chamber and throughout the Capitol Building. May you be content. May you be safe. May you live with ease. Extending these blessings further to all those here in the city of Montpelier, those we know and those we don't, radiating outward these wishes of kindness to all those in our beloved state of Vermont and to all those in this country, may you be content. May you be safe. May you live with ease. And recognizing that, just as we wish to be happy, that this is also all other beings' deepest desire, allowing our warm blessings to extend boundlessly to all those on earth, encompassing this entire planet with our goodwill. May you be content. May you be safe. May you live with ease. May a warm heart of goodness guide and support us throughout this day.

[Speaker 0]: Will you please rise as page Addison Town of Morristown leads us in the pledge of allegiance. Members, our first order of business this morning is to welcome our newest member to the chamber, representative Jack Brigham of Saint Albans Town. Will the clerk please read the governor's letter of appointment?

[BetsyAnn Wrask, Clerk of the House]: Dear speaker Karowinski, I have the honor to inform you that I have appointed Jack Brigham of Saint Albans Town to serve in the Vermont House of Representatives representing House District Franklin 8. Sincerely, Philip B. Scott, governor.

[Speaker 0]: The member from St. Albans Town took his oath of office this morning and is ready to be seated. So at this time, I ask the member from St. Albans Town to please proceed to the front doors of the chamber so that he can be officially escorted to his seat. Madam sergeant at arms. Madam speaker, I present to you representative Jack Brigham of Saint Albans Town representing House District Franklin 8. Will the sergeant at arms please escort representative Brigham to his seat, which is Seat 115. And now the chair appoints the member from St. Albans Town to the committee on agriculture, food resiliency and forestry. Congratulations member from St. Albans Town. Members, we have two house bills for introduction today. The first is house bill nine eleven, which is an act relating to prohibiting PFAS chemicals and pesticides and pesticide packaging introduced by representative Durfee of Shaftsbury. Please listen to the first reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H nine eleven, an act relating to prohibiting PFAS chemicals and pesticides and pesticide packaging. Now

[Speaker 0]: the bill has been read the first time and is referred to the committee on agriculture, food resiliency, and forestry. House bill nine twelve is an act relating to the citation of operators for motor vehicle accidents resulting in death of a vulnerable user introduced by representative Klepner of Burlington. Please listen to the first reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H nine twelve, an act relating to citation of operators for motor vehicle accidents resulting in death of a vulnerable user.

[Speaker 0]: Now the bill's been read the first time and is referred to the committee on judiciary. Members we have four bills on the notice calendar requiring referral to a money committee pursuant to House Rule 35A. We'll start with the two that affect the revenue of the state and therefore are referred to the committee on ways and means. They are House Bill five fifty eight which is an act relating to the Medicaid School Based Services Program and House Bill seven seventy five which is an act relating to creating tools for housing production. Next the two other bills carry appropriations and therefore referred to the committee on appropriations. They are House Bill six thirty two which is an act relating to miscellaneous environmental amendments, and house bill seven seventy eight which is an act relating to dam safety. Are there any announcements? Member from Woodstock.

[Representative Charles Kimbell (Woodstock)]: Madam speaker, I hope you can help me welcome to the people's house two former, constituents from the brave little hamlet of Woodstock, Laura Boyd and Emily Boyd, and also Laura's husband Sam Irwin. They stopped here at the State House on their way back to Massachusetts where they're not sure what weather awaits them or if there's any beaches left on The Cape for which to return to. Please welcome to the people's house.

[Speaker 0]: Will the guest member from Woodstock please rise and be recognized? Are there any further announcements? Member from Springfield.

[Representative Kristi Morris (Springfield)]: Thank you, madam speaker. Today is a very special day for many of us. The coalition of fire and rescue personnel are here visiting with us today. They represent thousands of professionals, on call, and volunteer staff that are responsible for life safety and emergency response to all Vermonters, often in our most critical time of need. Their dedication and countless hours of training are crucial to the safety of all of us. Please help me welcome them into the State House today. They are seated in the balcony.

[Speaker 0]: Will the guest member from Springfield please rise and be recognized? Member from Waterbury.

[Representative Thomas Stevens (Waterbury)]: Thank you, madam speaker. Today in the card room, we are very fortunate to have, the five members of the Vermont Community partnership with us today. Back in 1965, and unfortunately still battling today, the war on poverty in this country and in this state. And these five community action agencies last year helped over 44,000, nearly 45,000 Vermonters with low income in this state to help them to build their assets, to become more educated about finances and money management, to help children and families through the head start programs that they run, and to learn about housing opportunities and they run shelters, they run food pantries, they do it all, frankly, in the state of Vermont. So please, welcome to the people's house today. Members from Capstone Community Action here in Central Vermont, Southeast Vermont Community Action, Northeast Kingdom Community Action, Brock Community Action, Southwestern Vermont, and Champaign Valley Office Of Economic Opportunity. They're seated in the gallery. Thank you.

[Speaker 0]: Will the guest member from Waterbury please rise and be recognized? Are there any further announcements? Member from Barrytown.

[Representative Francis McFaun (Barre Town)]: Thank you, madam speaker. Madam speaker, we have some very special guests in the audience today. We have a number of four h's, their friends, families, and four h staff here with us. Four h is a positive youth development program that is near and dear to my heart. For over twenty five years, my wife was a four h leader. All of my children took part in the four h program, and I was both on the local and state level extension service advisory boards. We're truly a four h family. As a matter of fact, my seatmate right here was in the four h program with my daughter. Four h encompasses everything from traditional livestock programs to STEM programs like coding, robotics, and beyond. This program has been active in The United States since nineteen o two. Under the umbrella of the USDA and the National Institute of Food and Agriculture, the Vermont four h program is operated out of a very own land grant university, UVM, through the extension service. Four h in Vermont reaches roughly 1,000 youth annually through their programming. By focusing on four pillars of positive youth development, belonging, mastery, independence, and generosity. Four h gives Vermont youth numerous opportunities to thrive and succeed. Four h's pledge their heads to clearer thinking, their heart to greater loyalty, their hands to larger service, and their health to better living for their club, their community, their country, and their world. Think about that for a minute. These young people are truly working towards a better future for all of us. The four h's with us today have chosen to spend one of their vacation days learning more about the legislative process, the state house, and how Vermont actually works. Madam speaker and members of the house, please join me in welcoming these future leaders of Vermont to their state house. They're seated in the balcony. Thank you.

[Speaker 0]: Will the guest of the member from Barrytown please rise and be recognized. Are there any further announcements? Member from Thetford.

[Representative Herb Olson (Starksboro)]: Thank you, madam speaker. My district mate from Norwich and I have a a guest here today, Brendan Classen. Brendan is originally from Australia who became a new American last September 11 sworn in in this chamber. May we welcome him today, madam speaker.

[Speaker 0]: Will the guest of the member from Thetford please rise and be recognized. Are there any further announcements? Member from Cambridge.

[Representative Lucy Boyden (Cambridge)]: Thank you, madam speaker. The rural caucus will meet tomorrow morning from eight to 08:45 in Room 10 and on Zoom. We will be joined by the Vermont Farm Bureau, the Agency of Agriculture, and the Land Use Review Board. All are welcome.

[Speaker 0]: Member from Hultney.

[Representative Patricia McCoy (Poultney), House Minority Leader]: Madam speaker, I would like to introduce to you and through you to the body a former representative from Rutland City. When I first came into the body as a freshman, he took me under his wing together with former representative Jeskowitz, now deceased. The two the two of them, trained me and, taught me the ways, and here I am today as, leader of the minority party. So, it's my pleasure to introduce, former representative Larry Coupely.

[Speaker 0]: Will the former member please rise and be recognized? Member from West Rutland.

[Representative Thomas Burditt (West Rutland)]: Thank you Madam Speaker. A couple more introductions. We have a couple of old friends of mine on each side of former representative over there. And all three of those gentlemen are on the board of aldermen in the city Of Rutland as a matter of fact. But on the furthest end is former representative Paul Clifford Alderman in the City Of Rutland. And on the other side of coupe is Tom Donahue, who's an Alderman in Rutland City. And he's also here with community action and he's a candidate for the mayor of the City Of Rutland. Please help me welcome them. Will the

[Speaker 0]: former member and the guest member from West Rutland please rise and be recognized? Are there any further announcements? Member from Vulcan.

[Representative Michael Mrowicki (Putney)]: Thank you, madam speaker. The older Vermonters caucus will meet tomorrow in Room 10 at noon where we will have an update on year two of age strong Vermont, the ten year plan on aging well and our state plan on aging. Thank you. Tomorrow at noon.

[Speaker 0]: Are there any further announcements? Seeing none, orders of the day. Members, we will begin with house bill nine zero seven, which is an act relating to legislative review of reporting requirements. The bill was introduced by the committee on government operations and military affairs. The member from South Burlington, representative will speak for the committee. Please listen to the second reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H nine zero seven, an act relating to legislative review of reporting requirements.

[Speaker 0]: Member from South Burlington.

[Representative Kate Nugent (South Burlington)]: Madam speaker, h nine zero seven is a bill that was the result of an all house chamber team effort and especially big effort on the part of legislative council to take stock of and review the many hundreds of reports we have required of state agencies and categorize them in one of three ways. One, reports that are no longer necessary. Two, reports that may not be necessary in the future, but we should continue to request them and reevaluate in four years. Or three, reports that we intend to continue to require in perpetuity. This is like legal hygiene that can help us declutter and focus. Committee chairs and their committees, the administration, and the senate communicated and collaborated with agency staff about the relevance of the information being collected, the frequency, the use, and practice. The reports being repealed are being repealed because they're either obsolete as in the program or law no longer exists. The information is being collected and housed elsewhere or the information is not being used. Reports being maintained for further review in four years were deemed potentially needed but possibly not forever. The remaining reports are being maintained because the information they contain is needed periodically or represent a function of government that we expect to continue indefinitely. This bill is overdue and is supposed to be done every two years. In the future, our committee hopes that this regularly scheduled maintenance will be carried out on time. I will now provide a brief overview of the twenty five secondtions of the bill. Sections one through 11 repeal the reports referenced in each section. Section 12 repeals sections, subsections, or subdivisions in their entirety. Section 13 lists reports that will remain required and be reviewed again in 2030. Sections 14 through 24 lists the reports that will be required in perpetuity. Section 25 lists the effective date as 07/01/2026. The government operations and military affairs committee heard from the following witness, legislative council office of legislative council. The committee voted the bill out favorably on a vote of eleven zero zero and respectfully asked for your support.

[Speaker 0]: The question is, shall the bill be read a third time? Are you ready for the question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. The ayes appear to have it. The ayes do have it, and third reading is ordered. Up next is house bill two zero five, which is an act relating to agreements not to compete. The bill was referred to the committee on commerce and economic development, which recommends that the bill be amended as printed in today's calendar. The member from Burlington, representative Duke, will speak for the committee. Please listen to the second reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H two zero five, an act relating to agreements not to compete.

[Speaker 0]: Member from Burlington.

[Representative Abbey Duke (Burlington)]: Madam speaker, h two zero five adds two new sections to Vermont's Fair Employment Practices Act. First, it generally prohibits agreements not to compete with limited and carefully defined exceptions. Second, it restricts the use of so called stay or pay provisions, which require employees to repay certain costs if they leave employment. I will now walk you through the bill. The first section was deleted, so we'll move on to the second. This has to do with agreements not to compete. The intent of this bill is to discourage the use of noncompete agreements except in rare circumstances where they where they are the result of a bargain for exchange that furthers legitimate commercial interests. The bill specifically bans noncompete agreements between employers and nonexempt employees under the Fair Labor Standards Act, which are typically the lowest paid workers. First, let me talk about what a noncompete agreement does not cover. It specifically excludes prohibitions on the disclosure of trade secrets, nondisclosure agreements, nonsolicitation agreements, and contracts with teachers. Nonsolicitation agreements must be reasonable in time, geographic scope, geographic area, and scope of activity. They may not exceed one more than one year and may only restrict solicitation or recruitment of employers, employees, customers, or clients. There is a carve out allowing a separating health care provider to notify patients with whom they work directly of their new professional contact information. The bill provides an agreement not to compete is void and unenforceable, including those embedded within broader employment contracts. However, there are six exceptions to the prohibition. Sale of a business, dissolution of a partnership, dissolution of a limitedliabilitycom company, a severance agreement that is reasonable in time, geographic area, scope, agreements permitted under rules approved by the Securities and Exchange Commission, and agreements with an exempt employee, but only if strict criteria are met. So for exempt employees, a noncompete is allowed if the following are true, all of them. Number one, it is individually negotiated. Number two, the employee earns at least 300% of the state minimum wage, which for context, that's about $90,000 a year right now or a little less. The agreement is necessary to protect a significant business interest beyond more merely providing preventing ordinary competition. And also that the restrictions are reasonable and no broader than necessary in time, geography, and scope. The bill includes special protections for health care providers. Any contract that restricts a health care provider from practicing in a geographic area for any period of time or subjects the agreement to another state's laws or requires litigation to occur in another state is void, unenforceable, and against public policy. If an employee is asked to sign a permissible noncompete, the employer must provide at least three business days to review the agreement. The prospective employee must receive the agreement at the time of the offer, and the offer cannot be withdrawn before the three day review period without without justification. This section does not impact collective bargaining agreements. It incorporates the anti retaliation enforcement and penalty provisions of the Fair Employment Practices Act, and employers must post notice of these provisions in a form provided by the Commissioner of Labor. This section applies prospectively to agreements entered into on or after 07/01/2026. So the third section is about stay or pay provisions. A stay or pay provision is an agreement that requires an employee to pay an employer upon separation from an employment. Stay or or pay provisions are allowed if they meet all of the following criteria. Number one, the agreement is voluntary. Two, the repayment amount is reasonable. Three, the amount is specific and disclosed upfront. Four, the length of the required stay period is reasonable. And five, the repayment is required only if the employee leaves voluntarily, separates during the first six months of a probationary period, or is terminated for cause. As in section one, the bill does not impact collective bargaining agreements, applies existing anti retaliation enforcement provisions, and requires workplace posting. This section also applies prospectively beginning 07/01/2026. In summary, h two zero five establishes a clear public policy in Vermont. Noncompete agreements are generally prohibited, particularly for lower wage workers and health care providers, and permitted in narrowly defined high level circumstances. It further ensures that stay or pay provisions are fair, voluntary, and reasonable. The bill balances the protection of workers' mobility and economic opportunity with the legitimate business interests of Vermont employers. The committee benefited from the efforts of a work group. We also heard extensive testimony from the representatives of the following organizations, Association of Vermont Credit Unions, Vermont Medical Society, WCAX, a a health care professional, the Vermont Bankers Association, the Lake Champlain Regional Chamber of Commerce, the Vermont Association of Hospitals and Health Systems, the Vermont Department of Labor, OnLogic, Working Vermont, the Office of General Counsel, and the Vermont Chamber of Commerce. The bill passed the committee by a vote of ten one to one, and we ask for your support.

[Speaker 0]: The question is, shall the bill be amended as recommended by the committee on commerce and economic development? Are you ready for the question? Member from Burlington.

[Representative Carol Ode (Burlington)]: Madam speaker, may I interrogate the member for Burlington, the presenter of the bill?

[Speaker 0]: Member from Burlington is interrogated.

[Representative Carol Ode (Burlington)]: Madam speaker, there's a section of this bill that sort of jumped out at me. It's early. It's in the definitions of an agreement not to compete and more specifically the agreement not to compete does not include. So I'm on page five seventy nine, section b. There are so this bill intends to discourage the use of agreements not to compete. I am wholeheartedly in support of that. Like a lot of what I hear in this bill, I'm curious though, as we get to what an agreement not to complete does not include, we have this very specific exemption for contracts with teachers, and that's pursuant to 16 VSA seventeen fifty two. I guess my first question is, can I get a sense, was there any testimony taken specific to this subsection B3, especially with regard I listened as you talked about who provided testimony? I did not hear anything about teachers, NEA, anything like that. So could I get a sense of who provided testimony specific to subsection b three?

[Representative Abbey Duke (Burlington)]: Yes. Madam speaker, we did not receive specific testimony to that that our purpose of including that was actually just to clarify that this law did not conflict or say anything about 16 VSA seventeen fifty two, meaning which the what that piece of law says is a teacher under contract to teach in a public school who fails without just cause to complete the term for which the teacher contracted to teach shall be disqualified to teach in any public school for the remainder of the school year. So, really, the purpose of that was to clarify that this law about noncompete agreements did not apply to teacher contracts that that a teacher is is in. Does that make sense?

[Representative Carol Ode (Burlington)]: Madam speaker, it makes sense, and my gratitude to the member. I mean, know this is going to be enough for me. I don't think I can support this bill with this very specific language in there that I don't think is necessary. I know this body has considered 16 VSA, seventeen fifty two to be before, and I know that that statute has been used by school board superintendents to misinterpret the power of a contract. I'll I'll I'll I'll provide an example. Let's say I'm a teacher, k through 12 teacher in Burlington, and my partner gets a job

[Speaker 0]: A member from Heartland, what is your point of order?

[Representative John L. Bartholomew (Hartland)]: Madam speaker, I'm wondering if this is debate rather than interrogation.

[Speaker 0]: May I see members up at the podium, please?

[Unidentified Representative from Dorset]: The house

[Speaker 0]: of stand in recess. Will the house please come to order and members kindly take their seats? Member from Heartland, I find your point of order not well taken. The member had thanked the the member through interrogation and had moved towards debate. With that, member from Burlington.

[Representative Carol Ode (Burlington)]: As I was saying, this is enough for me to to kind of pull my support of this otherwise really necessary bill. I was talking about 16 BSA seventeen fifty two and how that has been poorly interpreted to lock teachers into their contracts unnecessarily. I was about to give an example. Let's say I'm a K through 12 public school teacher in Burlington, Burlington School District. For the sake of this hypothetical, my partner gets a job in Dartmouth. A job that works well for her. And ultimately, we decide that it's best for our family to move to that region of the state. I still want to be a teacher, so I'm going to start looking for teacher jobs. But I am not allowed to compete according to this very specific does not include description, thereby preventing me from moving and finding a new teaching job because of the contract. So I would very much like for teachers not to be carved out in this agreement not to compete language. I'd like us to discourage the use of these agreements for teachers as well. So I will get in touch with folks and try to provide an amendment for third reading, but I can't support the bill as is today.

[Speaker 0]: The question is, shall the bill be amended as recommended by the Committee on Commerce and Economic Development? Are you ready for the question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. Aye. The ayes appear to have it. The ayes do have it, and you have amended the bill. Now the question is, shall the bill be read a third time? Are you ready for that question? If so, all those in favor, please say aye. Aye. All those opposed please say nay. The ayes appear to have it. The ayes do have it and third reading is ordered. Next is House Bill six thirty nine which is an act relating to genetic data privacy. The bill was referred to the committee on commerce and economic development which recommends that the bill be amended as printed in today's calendar. The member from Starksboro, representative Olsen will speak for the committee. Please listen to the second reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H six thirty nine, an act relating to genetic data privacy.

[Speaker 0]: Member from Starksboro.

[Representative Herb Olson (Starksboro)]: Madam speaker, I offer to you and through you to the body the report of your committee on commerce and economic development on h six thirty nine, an act relating to genetic, data privacy. H six thirty nine is introduced, can be found on the legislative website of the house under the search bill for bill function. The strike all amendment of the bill can be found on today's house calendar beginning at page five eighty three. Genetic data represents some of the most personal and sensitive information that exists. Genetic data is not just about people. Genetic data represents the fundamental essence of the biological human being. Our genetic data is who we are in a most intimate sense. While Vermonters are concerned these days about the need to protect their privacy in general, we are especially and intensely concerned about the need for privacy with respect to our genetic data. The need to protect personal genetic information gained visible and national attention in 2023 when personal genetic data in the possession of a major genetic testing company was improperly stored, subsequently hacked, and exposed nationwide. During the course of dealing with the fallout of the data privacy breach, additional privacy problems with genetic testing companies were identified. From the manner in which companies used and transferred data to how the companies secured and stored genetic data and genetic material to the lack of precision and credibility of the methods used to secure consumers' consent to the use and transfer of genetic data. H six thirty nine directly addresses these genetic data privacy concerns. H six thirty nine will provide among the strongest genetic privacy protections for Vermont consumers. The resulting legislation will ensure that Vermont consumers in the best possible position to control and protect their genetic data and privacy at all times. Madam speaker, I will now proceed to describe the content of the bill. In section twenty four twenty one a, genetic information privacy act is adopted as the name of the legislation. Also in section twenty four twenty one a, several noteworthy definitions are provided. Direct to consumer genetic testing companies are defined. These are the companies that are subject to the requirements of the legislation. Genetic data is defined as the consumer's information that is subject to these protections. Think especially about DNA data derived from biological samples and the analysis of those samples. Expressed consent is defined to require the consumer's affirmative, intentional authorization for the various activities and requirements of the genetic testing company. This is an opt in requirement, meaning that the company cannot infer from the consumer's consent from their silence or non action. Under section 2421B, genetic testing companies are directed as to what specific content is required under the legislation in order to protect safeguard the privacy, confidentiality, security, and integrity of a consumer's genetic data. The genetic testing company must provide clear and complete information concerning the company's privacy practices and controls, including how the company will collect, use, disclose, transfer, and retain genetic data. The genetic data testing company must obtain the consumer's expressed consent for the collection, use, and disclosure of this data, including separate and distinct affirmative consumer consent. The type of global consent we frequently see in online marketing, it will not be permitted. Rather than putting the burden on the consumer to read and understand a 100 page document and then be navigated to opt out of the company's practices if they understand the legalese at all. Each item of consent must be distinctly and especially affirmed each time the event requiring consent occurs. Consent is required for the following topics. The use of genetic data, specifically who will have access to the data, how the data may be shared, and the specific purpose for which the data will be used. Consent is required if the consumer's genetic data is to be stored beyond the primary purpose of genetic testing. Consent is also required for each use of the consumer's data or genetic sample other than for the purpose of genetic testing. The company must secure the consumers expressed and distinct consent for each transfer disclosure of the genetic data or sample to a third party or service provider. In asking for the consumers' consent with respect to third parties, the company must identify the third party and the purpose of the transfer disclosure. The consumer's consent is also required for the use of genetic data for marketing purposes except that consent is not required if the consent company is marketing on its own website and does not use consumer specific information. Under subsection c of section 2421b, Vermont consumers are also required empowered to revoke their consent previously given concerning these topics. The revocation of consent must be allowed in a manner at least as easy for the consumer as the mechanism used to secure consumer consent in the first place. If consent is revoked, the company must honor honor the consumer's revocation within thirty days and must destroy any retained biological sample within thirty days. Section twenty four twenty one b d imposes requirements for genetic testing company to use reasonable security measures to protect the consumer's data from unauthorized access, use, or disclosure. Subsection D also obligates the company to allow the consumer easy access to their data and if desired to have their account and data deleted and biological sample destroyed. Data may never be stored in countries designated as foreign adversaries and the transfer or storage of data outside The United States without the consumer's consent is prohibited. Under subsection E of section 20 four(twenty one), contracts between the genetic testing company and its service providers must prohibit the service provider from using the biological sample or genetic data for purposes other than genetic testing authorized by the consumer. On termination of the service provider contract, the service provider may not transfer the data and must destroy all genetic data. Section twenty four twenty one b f prohibits discrimination against the consumer because the consumer has exercised their rights under the law either by denying services, changing prices, or otherwise. Under subsection e of section twenty four twenty one b, a genetic testing company shall not disclose the consumer's genetic data to insurance companies or employers. This section also prohibits disclosure to government agencies without a judicial warrant unless the consumer consents to that disclosure. Section twenty four twenty one c is the enforcement section of the legislation. Violations of the genetic information privacy act will be considered a violation of Vermont's consumer protection laws. Violations may be enforced by the attorney general's office and by consumers themselves in the same manner as any other violation of Vermont's consumer protection statutes. Section twenty four twenty one d contains the legislation's applicability provisions. Genetic testing companies will still be required to meet their legal and regulatory obligations under other state and federal laws. This section also acknowledges that provisions of the act some provisions of the act will be preempted by certain federal laws pertaining to the obligations of covert entities and business associates under HIPAA and the Health Technology Act as well as the federal regulations permitting scientific research and educational activities under 45 CFR part 46. The act also does not apply to diagnostic tests and data for health diagnosis and treatment purposes so long as consumer protections such as HIPAA are satisfied. Use of genetic data by employers is permitted only if necessary to comply with other laws. Finally, the act shall not be construed to affect access to publicly available information as as strictly defined under the act. The act will take effect on July 1. Madam speaker, your house committee on commerce and economic development heard testimony from the sponsor of the bill an assistant attorney general with the Vermont attorney general's office, counsel from the office of legislative counsel, the head of government relations for a genetic testing company, a representative for genetic testing companies, and a resident of the city of Montpelier with an interest in the subject matter of the litigation. Madam speaker, your committee on commerce and economic development voted ten one zero to approve the strike all amendment to h six thirty nine. The committee also voted ten one zero to approve the bill as amended. We ask for the body's concerns, concurrence and approval.

[Speaker 0]: The question is, shall the bill be amended as recommended by the committee on commerce and economic development? Member from Ferrisburg.

[Representative Phil Pouech (Hinesburg)]: Thank you, madam speaker. May I interrogate the presenter of the bill, please?

[Speaker 0]: The member from Starksboro is interrogated.

[Representative Phil Pouech (Hinesburg)]: Thank you, madam speaker. While I generally, am in agreement with the, set of provisions provided here to protect consumers in this of, this with this very important consumer data, I I do have a question about what mechanisms were considered to prevent frivolous lawsuits or nuisance lawsuits along these lines given the comprehensive set of legislation we're discussing. Thank you. Thank

[Representative Herb Olson (Starksboro)]: you, madam. Thank you, madam speaker. I've got to get my hearing devices straight here. So, I would say that we did talk about that issue, remember, and we concluded that the these are such important privacy issues. And we acknowledge that there are attorneys out there that that can file frivolous lawsuits. This can happen in all sorts of areas. We thought in particular this in this arena, this was important to make sure that we had a clear set of expectations and clear enforcement remedies both for the attorney general's office to represent us and the consumer.

[Representative Phil Pouech (Hinesburg)]: Just one follow-up question then. So how did the what got included into the statute or the proposed statute regarding as a result of those discussions? Did we include any types of protections?

[Representative Herb Olson (Starksboro)]: Madam speaker, no specific ref provision in the statute addresses that. The committee is aware that the court's judicial procedures and the rules of civil procedure and the obligation of attorneys in connection with lawsuits and frivolous lawsuits are very distinctly provided for, and we're confident that those existing rules and court decisions will suffice.

[Representative Phil Pouech (Hinesburg)]: Alright. I thank the members. Thank you madam.

[Speaker 0]: The question is shall the bill be amended as recommended by the committee on commerce and economic development. Are you ready for the question? If so, all those in favor please say aye. Aye. All those opposed please say nay. The ayes appear to have it. The ayes do have it and you have amended the bill. Now the question is, shall the bill be read a third time? Are you ready for that question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. The eyes appear to have it. The eyes do have it, and third reading is ordered. Members are final bill on the action calendar today is house bill six ninety four, which is an act relating to approval of amendments to the charter of the town of Bennington concerning the town manager. The bill was referred to the committee on government operations and military affairs which recommends that the bill ought to pass. The member from Dorset, representative will speak for the committee. Please listen to the second reading of the bill.

[BetsyAnn Wrask, Clerk of the House]: H six ninety four, an act relating to approval of amendments to the charter of the town of Bennington concerning the town manager.

[Speaker 0]: Member from Dorset.

[Unidentified Representative from Dorset]: Madam speaker, h six ninety four, an act relating to approval of amendments to the charter of the town of Bennington concerning the town manager. The purpose of the bill proposes to approve amendments to the charter of the town of Bennington to provide a contract based exemption to the current town charter requirement for notice, cause, and hearing for the removal of the town manager. Section one, charter amendment approval. The general assembly approves the amendments to the charter of the town of Bennington as set forth in this act. The voters approved the proposal of amendment on 03/04/2025 with a vote of twelve thirty one to seven ninety nine. Chapter one zero three subsection four zero six a is now to read, unless expressly modified by contract, a ninety days written notice from the select board, the town manager may be removed without cause by majority of the select board at a meeting called for the purpose of voting on removal. During the ninety day period, the town manager may be suspended with pay. Section three, effective date. This act shall take effect upon passage. The committee on government operations and military for affairs heard testimony from the representative who sponsored the bill, legislative council, the town of Bennington select board chairman, and a town of Bennington select board member. Our committee voted this amendment favorably with a vote count of ten zero one. Madam speaker, we ask the body for its support.

[Speaker 0]: The question is, shall the bill be read a third time? Are you ready for the question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. The ayes appear to have it. The ayes do have it, and third reading is ordered. Members, that completes the orders of the day. Are there any announcements? Member from Weitzfield.

[Representative Dara Torre (Waitsfield)]: Madam speaker, I have an announcement. And I'm wondering, would it be okay if I used a prop?

[Speaker 0]: Member, props are not allowed on the Okay.

[Representative Dara Torre (Waitsfield)]: So I will not use my prop. I'm just reminding the members that tomorrow is, legislative ski night from five to ten at Bolton Valley Ski Resort. And if you are planning to attend and have not signed up, please do so using the email that was circulated again on Friday. And those members who would like to join in but are not skiers are also invited to attend but I suggest that you sign up as well. And those who will be skiing are rec it is a recommendation that you purchase your ticket today for skiing tomorrow. Thank you.

[Speaker 0]: Are there any further announcements? Member from South Burlington.

[Representative Martin LaLonde (South Burlington)]: Madam speaker, if folks are not skiing tomorrow, I'd like to remind everyone that the VSCA is having their legislative reception at 04:30 at the Capitol Plaza followed by dinner also at the Capitol Plaza at 05:30.

[Speaker 0]: Are there any further announcements? Member from Essex Junction. Madam speaker, house democrats will caucus ten minutes after

[Representative Lori Houghton (Essex Junction)]: the floor in Room 11.

[Speaker 0]: Member from Pulteney.

[Representative Patricia McCoy (Poultney), House Minority Leader]: Madam speaker, house republicans will caucus ten minutes after adjournment in Room 10.

[Speaker 0]: Member from Burlington.

[Representative Thomas Stevens (Waterbury)]: Madam speaker, house progressives will caucus in Room 44 at noon.

[Speaker 0]: Are there any further announcements? Seeing none. Member from Pulte, can you please offer us a motion to adjourn until Wednesday, February 25 at 03:30PM?

[Representative Patricia McCoy (Poultney), House Minority Leader]: Madam speaker, I make a motion this body stand in adjournment until Wednesday, 02/25/2026 at 03:30PM.

[Speaker 0]: You have heard the motion. Are you ready for the question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. The ayes appear to have it. The ayes do have it. And this body stands in adjournment until