Unfinished Business of Tuesday, March 14,2000

House Calendar

Wednesday, March 15, 2000

71st DAY OF ADJOURNED SESSION

ORDERS OF THE DAY

Unfinished Business of Tuesday, March 14,2000

Third Reading

H. 629

An act relating to special education services.

Amendment to be offered by Rep. Waite of Pawlet to H. 629

Moves to amend the bill by striking Sec. 7 and renumbering the remaining sections to be numerically correct.

Amendment to be offered by Rep. Corren of Burlington to H. 629

Moves to amend the bill in Sec. 4(f)(1) by inserting after the word “formula” the following:

that do not shift a greater burden onto the local level.

Amendment to be offered by Reps. Weiss of Northfield and Perry of Richford to H. 629

Moves to amend the bill in Sec. 6(b) at the end of the subsection by adding a new sentence to read:

However, the commissioner may provide assistance to a school district which does not reach the 85 percent target if the district made a reasonable attempt to reach the target but was prevented from reaching it by extraordinary circumstances.

Favorable with Amendment

H. 540

An act relating to waiting period and holidays and payment of unemployment compensation benefits.

Rep. Anderson of Woodstock, for the Committee on Commerce, recommends the bill be amended as follows:

By striking Sec. 2 in its entirety.

The Committee further recommends that after passage the title of the bill be amended to read: AN ACT RELATING TO HOLIDAYS AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFITS

(Committee vote: 7-1-3)

H. 598

An act designating the Vermont State Song.

Rep. Flory of Pittsford, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. FINDINGS

In 1998, the General Assembly adopted Joint House Resolution 102, directing the Vermont Arts Council to appoint a three-member panel to recommend a new state song to the General Assembly. The specially-appointed panel, pursuant to the resolution, conducted the selection process in a fair and impartial manner. A total of 107 entries was received. After a careful review, eight songs were selected as finalists, aired on the state’s public radio and television networks, and posted on the Vermont Arts Council’s World Wide Web site. All Vermonters were invited to participate in the review of the final eight selections. As a result of this public process, the winning song was “These Green Mountains,” composed by Diane Martin and arranged by Rita Buglass. The public and representatives of for profit and not-for-profit organizations may perform or invite the performance of the song for any reason without receiving permission from the composer.

Sec. 2. 1 V.S.A. § 514 is added to read:

§ 514. STATE SONG

The state song shall be “These Green Mountains.”

(Committee vote: 11-0-0)

Amendment to be offered by Rep. Flory of Pittsford to H. 598

Moves to amend the recommendation of amendment of the Committee on General, Housing and Military Affairs in Sec. 1, last sentence, by striking the word “receiving” and inserting in lieu thereof the following:

compensation to or

H. 609

An act relating to uniform electronic transactions.

Rep. Young of Orwell, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 9 V.S.A. chapter 20 is added to read:

CHAPTER 20. UNIFORM ELECTRONIC TRANSACTIONS ACT

§ 200. SHORT TITLE

This chapter may be cited as the Uniform Electronic Transactions Act.

§ 201. DEFINITIONS

For purposes of this chapter:

(1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(4) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this chapter and other applicable law.

(5) “Consumer transaction” means:

(A) any sale or lease, or the offer for sale or lease, to an individual for personal, residential or household purposes, or to a person in connection with the operation of a farm, of any goods, products or services by a seller who is regularly and principally engaged in a business of selling goods, products or services; and

(B) any solicitation of, or agreement to make, a charitable contribution within the meaning of 9 V.S.A., chapter 63, subchapter 2.

(6) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(7) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(8) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. In a consumer transaction, an electronic record does not include a voice communication or a record of a voice communication.

(9) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.

(10) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(11) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(12) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(13) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(14) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(16) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(17) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

§ 202. SCOPE

(a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) The Uniform Commercial Code, other than sections 1107 and 1206, Article 2, and Article 2A of Title 9A.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this section when used for a transaction subject to a law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.

(e) If a Vermont statute or regulation requires that the following disclosures or notices be provided to a consumer subsequent to consummation of a consumer transaction, such disclosures or notices must be given in writing: notice of default, eviction, repossession, foreclosure, utility shutoff, insurance denials, insurance cancellations, health care denials or notice of right to appeal.

§ 203. PROSPECTIVE APPLICATION

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.

§ 204. USE OF ELECTRONIC RECORDS AND ELECTRONIC

SIGNATURES; VARIATION BY AGREEMENT

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. An agreement to conduct a consumer transaction by electronic means may not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract may not be conditioned upon an agreement to conduct transactions by electronic means. An agreement to conduct a consumer transaction by electronic means may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. If a consumer transaction is solicited or negotiated by any voice communication by telephone, then the consumer’s agreement to conduct the transaction by electronic means must be confirmed by an express acknowledgment transmitted by the consumer by electronic means. This subsection may not be varied by agreement.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. This subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

(f) A consumer who makes an agreement to conduct a transaction electronically with a commercial party is entitled to a nonelectronic copy, on request and at no charge, of any agreement or agreements the consumer has entered into, as well as any notice or other document communicated to the consumer electronically. This subsection may not be varied by agreement.

(g) An agreement to conduct a transaction electronically is subject to a requirement of good faith and fair dealing with respect to both the inducement to agree and the implementation of the agreement.

(h) A consumer who makes an agreement to conduct a transaction electronically with a commercial party may at any time designate a different electronic address for the purpose of receiving electronic records.

§ 205. CONSTRUCTION AND APPLICATION

This chapter must be construed and applied:

(1) to facilitate electronic transactions consistent with other applicable law;

(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices;

(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it; and

(4) to ensure that consumers are adequately protected from unfair, deceptive and unconscionable acts and practices.

§ 206. LEGAL RECOGNITION OF ELECTRONIC RECORDS,

ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.

§ 207. PROVISION OF INFORMATION IN WRITING; PRESENTATION

OF RECORDS

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:

(1) The record must be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subdivision (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.

(3) The record must contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but:

(1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by United States mail, may be varied by agreement to the extent permitted by the other law.