Vermont Legislature SmartTranscripts:

[Speaker Jill Krowinski]: Will the house please come to order and members kindly take their seats? Good afternoon. Good afternoon. Members, we are we've gone multiple directions on order of bills today. We are gonna go in order except that h nine forty four will be the last bill that we vote on, the transportation bill. And before we take up that last bill, we will be calling up off the notice calendar house bill six sixty, which is fiscal year 2027 opioid abatement special fund appropriations. So with that, we will start with senate bill two zero eight, standards for law enforcement identification, member from Essex Junction. Madam speaker, I move that we postpone action on s two zero eight for one legislative day. The member from Essex Junction moves that we postpone action on senate bill two zero eight for one legislative day. 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 postponed action on senate bill two zero eight for one legislative day. Senate bill will the house please come to order? Senate bill two twelve is an act relating to portable water supply and wastewater system connections. Member from Ferrisburg.

[Unknown Representative (Starksboro)]: Madam speaker, with great reluctance, I ask for a motion to move the action on h s two twelve, one legislative day.

[Speaker Jill Krowinski]: The member from Ferris Berbeco moves that we postpone action on senate bill two twelve for one legislative day. 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 postponed action on senate bill two twelve for one legislative day. Next is house bill six thirty nine which is an act relating to genetic data privacy. The bill passed the senate in concurrence with a proposal of amendment that is printed in today's calendar. Member from Starksboro.

[Unknown Representative (Starksboro)]: Thank you madam speaker. Your committee on commerce and economic development has considered the proposal of amendment authored by the senate to h, six thirty nine. Based on a straw poll vote of the commerce committee, eleven zero. I move that the House concur in the Senate proposals of amendment with the addition of a further proposal of amendment. I'll explain the proposal and the further proposal. The Senate proposal can be found on page 2,981 of today's house calendar. The commerce committee's further proposal of amendment can be found on page beginning on page twenty nine eighty one of the today's house calendar. Madam speaker, h six thirty nine has passed by the house would create tremendously important consumer protections designed to safeguard consumers against the authorized unauthorized sale and transfer of genetic data by genetic testing companies and to provide for strict security of the genetic data. A key element of the legislation requires that consumers expressly authorize the use of consumers' genetic data. The first Senate proposal of amendment would merely make a technical revision to section 24 21 b of the bill, which specifies the data security and access obligations of a genetic testing company. The bill as passed by the house contains some confusing language in the course of distinguishing between biological samples used for genetic testing purposes and biometric data, which has more to do with the subsequent processing of genetic data. The First Senate proposal of amendment rectifies that matter by retaining the definition of bioreactor data, but clarifies that the term is used only with the in connection with the types of publicly available information that cannot be collected and processed without the consumer's expressed consent. The committee viewed favorably this technical correction. The second proposal of amendment of the senate is more of a substantive difference from the bill that passed this body, not a technical correction. It would impose on a consumer whose rights under the legislation have allegedly been violated a sixty day waiting period before the consumer may vindicate their rights under the Consumer Protection Act. Your committee had questions with the second proposal of amendment, including should a waiting period be imposed on consumers for such a fundamental and personal privacy matters? Is the length of the waiting period appropriate? Is the scope of consumer rights impacted by the waiting period appropriate? Ultimately, and given the time constraints of the session, the committee agreed to concur with the senate proposals of amendment to make but to make a further proposal of amendment with respect to the waiting period. While many raised questions about the length of the senate's proposed waiting day period, which is sixty days, the fur further proposal of amendment actually retains that period of time. The committee did not agree with the scope of the waiting period proposed by the senate as it included many consumer rights that went well beyond, mere technicalities but instead reached some of the core issues of genetic, privacy. Instead, the Commerce Committee is proposing that violations of certain provisions of the legislation be subject to the waiting period, but that the ability of consumers to vindicate other more fundamental rights not be subject to the waiting period. Subject to the waiting period would be privacy notices, marketing issues, anti discrimination provisions, narrowly about the consumer's exercise of their rights under the legislation. Not subject to the waiting period under the further proposal amendment, consumers express consent rights, the ability of the consumer to revoke their consent, data security obligations, and requirements for contracts with service providers. These are fundamental issues. Madam Speaker, the Commerce Committee believes this resolution of the differences between the two bodies is in the best interest of consumers. We urge the members to approve the motion to concur in the senate proposals of amendment with a further proposal of amendment thereto.

[Speaker Jill Krowinski]: Just like to remind members, I don't think I mentioned that this amendment was emailed this morning at 10:58 in case member didn't say that or I didn't say that. So the question is, shall the house concur in the senate proposal of amendment with further amendment thereto as offered by the member from Starksboro? 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 concurred in the senate proposal of amendment with further amendment there too. Next is house bill eight sixteen, which is an act relating to regulating the use artificial intelligence in the provision of mental health services. The bill passed the senate in concurrence with the proposal of amendment that is printed in today's calendar. Member from Essex.

[Representative Lori Houghton]: Thank you, madam speaker. The house committee on health care reviewed the senate proposal of amendment on h 16. And it was noted that several of the definitions seems seem to change. And we had received written testimony from, numerous clinical associations that the bill, as amended, will actually prevent them from leveraging evidence based tools that they currently need to perform their jobs. And we'd like time to work with the senate in making sure that we get this right. Therefore, on a straw poll of vote of ten zero one, we ask that the house refuse to concur in the senate proposal of amendment and appoint a committee of conference.

[Speaker Jill Krowinski]: The member from Essex moves that the house refused to concur in the senate proposal of amendment and that a committee of conference be appointed. 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 refused to concur in the senate proposal of amendment and requested a committee of conference. Pursuant to your action, the chair appoints the following members to serve on the part of the house. The member from Winooski, representative Berbeco, the member from Burlington, representative Gina, and the member from Mendon, representative Taylor. Members, now we will turn to senate bill 198 which is an act relating to the regulation of tobacco products. Will the House please stand at ease for a moment? Members now we'll turn to Senate Bill 198 which is an act relating to the regulation of tobacco products and tobacco substitutes. Prior to third reading, the member from Brattleboro, Representative Corcoranheuser offers an amendment to the house proposal of amendment that the first assistant clerk emailed to members at 11:04. Today, this amendment is also posted on the house overview webpage and paper copies are available at the main table. Member from Brattleboro.

[Representative Emilie Kornheiser]: Madam speaker, at the request of both the attorney general's office and the department of taxes, this amendment removes one of the two studies in the bill from the being led by the tax department with the assistance of the of the attorney general's office to being led by the attorney general's office with the assistance of the tax department. Both the attorney general's office and the tax department are in agreement about the language, and we I ask the body for your support.

[Speaker Jill Krowinski]: Member from Wilkhardt. Will the house please stand at ease for Member from Jericho.

[Representative Trevor Squirrell]: The commerce committee heard the amendment from ways and means and found in favor eleven zero zero and asks the body for support.

[Speaker Jill Krowinski]: So the question is, shall the house amend its proposal of amendment as offered by the member from Brattleboro? 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 house proposal of amendment. Please listen to the third reading of the bill. S one ninety eight, an act relating to the regulation of tobacco products and tobacco substitutes. The question is, shall the bill pass in concurrence with proposal of amendment? Member from Jericho.

[Representative Trevor Squirrell]: Madam speaker, this is a really important bill to help us catch up to what is happening today in the climate of helping public health and personal safety and consumer protection. And I want to be very clear that this in no way is an indication that the stores in our state are not doing a really good job of making sure that tobacco is not being sold to people underage. The compliance rate in our state is over 90%. I think last year was ninety two percent. And so this is this bill is to update what is happening in the world, catch up to what is happening in the world and make sure that our laws match that and make sure that our good actors are protected and our bad actors are they can't do what they have been doing in the state. So I really thank the body for the strong support yesterday. I wanna make that very clear here and look forward to passing this bill.

[Speaker Jill Krowinski]: The question is, shall the bill pass in concurrence with proposal of amendment? 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 passed the bill in concurrence with proposal of amendment. Now we'll move on to House Bill six sixty, member from Hultney. On our notice calendar today, the senate proposal of amendment on House Bill six sixty which is an act relating to fiscal year 2027 opioid abatement special fund appropriations. Can you please offer us a motion to suspend our rules to take up house bill six sixty off the notice calendar for immediate consideration for the purpose of requesting a committee of conference.

[Representative Patricia McCoy]: Madam Speaker, I make a motion to suspend rules to take up H six sixty off the notice calendar in order to, for immediate consideration in order to appoint a committee of conference.

[Speaker Jill Krowinski]: The member from Pulte moves that we suspend our rules to take up house bill six sixty off the notice calendar for immediate consideration for the purpose of requesting a committee of conference. 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 suspended our rules to take up House Bill six sixty for immediate consideration. House Bill six sixty is an act relating to the fiscal year 2027 opioid abatement special fund appropriations. The bill passed the senate in concurrence with a proposal of amendment that is printed in today's calendar. Member from Waterbury.

[Representative Theresa Wood]: Thank you, madam speaker. Your house human services committee has reviewed the senate proposal of amendment on House Bill six sixty. And while we appreciate some of the differences in our priorities, we have some substantial concerns with others. So on that basis, we are requesting the appointment of a conference committee. Thank you.

[Speaker Jill Krowinski]: The member from Waterbury moves that the house refused to concur in the senate proposal of amendment and that a committee of conference be appointed. 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 refused to concur in the senate proposal of amendment and requested a committee of conference. Pursuant to your action, the chair appoints the following members to serve on the part of the house, the member from Waterbury, Representative Wood, the member from Rutland City, representative Maguire, and the member from Burlington, representative Bloomley. Matt member from Holtney, can you please offer us a motion to suspend our rules to message our action on house bill six six sixty to the senate forthwith.

[Representative Patricia McCoy]: Madam speaker, I make a motion to suspend rules in order to message our actions on h six sixty to the senate forthwith.

[Speaker Jill Krowinski]: 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 you have suspended our rules to message action on House Bill six sixty to the senate forthwith. Members, will the house please, stand in recess for about five minutes and may I see, the chair of Ways and Means, the chair of transportation, and the member from Pulton East. The house will stand in recess for five minutes.