Concurrent Resolutions for Adoption Under Joint Rule 16

Senate Calendar

friday, february 18, 2005

45th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

Page No.

Action Calendar

Concurrent Resolutions for Adoption Under Joint Rule 16

(For text of Resolutions see Addendum to Feb. 17, 2005 Calendar)

HCR 42St. Michael’s College centennial anniversary...... 79

HCR 43Respondents to Depatie-Bongiorno Block fire, Enosburg Falls...80

HCR 44Businesses in the Depatie-Bongiorno Block fire, Enosburg Falls..81

HCR 45Ralph Jackman 50th anniversary as Vergennes Fire Chief...... 83

HCR 46Samantha Connor 2004 Vermont National Junior Teenager...... 84

HCR 47Ashley Sweeney 2004 Miss Vermont National Teenager...... 85

HCR 492004 Oxbow Union High School Division II baseball team...... 88

Notice Calendar

Favorable with Recommendation of Amendment

S. 15Relating to voyeurism...... 119

Judiciary Committee Report...... 119

ORDERS OF THE DAY

ACTION CALENDAR

Concurrent Resolutions for Adoption Under Joint Rule 16

(For text of Resolutions, see Addendum to February 15, 2005 Calendar)

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

H.C.R. 42

House concurrent resolution congratulating Saint Michael’s College on the occasion of the college’s centennial anniversary.

H.C.R. 43

House concurrent resolution extending special thanks to individuals and organizations that responded to the massive Depatie-Bongiorno Block fire in EnosburgFalls.

H.C.R. 44

House concurrent resolution expressing condolences to and support for the businesses destroyed in the Depatie-Bongiorno Block fire in EnosburgFalls.

H.C.R. 45

House concurrent resolution congratulating Ralph Jackman on his 50th anniversary as Vergennes Fire Chief.

H.C.R. 46

House concurrent resolution congratulating Samantha Connor on her designation as the 2004 Vermont National Junior Teenager.

H.C.R. 47

House concurrent resolution congratulating Ashley Sweeney on her designation as the 2004 Miss Vermont National Teenager.

H.C.R. 49

House concurrent resolution congratulating the 2004 Oxbow Union High School Division II championship baseball team.

NOTICE CALENDAR

Favorable with Recommendation of Amendment

S. 15

An act relating to voyeurism.

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. 13 V.S.A. § 2638 is added to read:

§ 2638. VOYEURISM

(a) As used in this section:

(1) “Circumstances in which a person has a reasonable expectation of privacy” means circumstances in which a reasonable person would believe that his or her intimate areas would not be visible to the public, regardless of whether that person is in a public or private area.

(2) “Female breast” means any portion of the female breast below the top of the areola;

(3) “Intimate areas” means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of a person.

(4) “Place where a person has a reasonable expectation of privacy” means:

(A) a place in which a reasonable person would believe that he or she could disrobe in privacy, without his or her undressing being viewed by another; or

(B) a place in which a reasonable person would expect to be safe from unwanted intrusion or surveillance.

(5) “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

(6) “View” means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or a device designed or intended to improve visual acuity.

(b) No person shall knowingly and intentionally view, photograph, or film:

(1) The intimate areas of another person without that person’s knowledge and consent while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy; or

(2) The intimate areas of another person without that person’s knowledge and consent and under circumstances in which the person has a reasonable expectation of privacy.

(c) No person shall disseminate any image recorded in violation of subsection (b) of this section.

(d) No person shall knowingly disseminate any image of another person’s intimate areas that was recorded under circumstances under which the person has a reasonable expectation of privacy, without that person’s written consent to the initial dissemination of that image, regardless of whether the person consented to the recording of the image. This subsection shall not apply if the person whose image was recorded gave written consent to the initial dissemination of his or her image, and the image is subsequently disseminated further by others. Viewing images disseminated in violation of this subsection shall not be a crime under this section. This subsection is not intended to restrict in any way the existing legal right of a person to make or distribute sexually explicit material produced by consenting adults for consenting adults.

(e) A person who conducts security observation for the purpose of decreasing or prosecuting theft, shoplifting, or other security measures in a bona fide business establishment shall post public notice of the observation in a prominent and accessible location which can be seen easily by a person entering an area in which he or she may disrobe. Notice shall be posted on a sign with dimensions of at least 8 1/2 inches by 11 inches. Security observation shall not be conducted in a restroom.

(f) This section shall not apply to:

(1) Official law enforcement activities conducted in accordance with state and federal law.

(2) Official activities of the department of corrections, a law enforcement agency or a court for security purposes or during the investigation of alleged misconduct by a person in the custody of the department of corrections, a law enforcement agency or a court.

(g) This section is not intended to infringe upon the freedom of the press to gather and disseminate news as guaranteed by the First Amendment to the U.S. Constitution.

(h) It shall be an affirmative defense to a violation of subsection (b) of this section that the defendant was a private investigator or security guard conducting surveillance in the ordinary course of business, and the violation was unintentional and incidental. However, an unintentional or incidental violation of subsection (b) of this section shall not be a defense to a violation of subsection (c).

(i) For a first offense, a person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both. For a second or subsequent offense, a person who violates subsection (b) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both. A person who violates subsection (c) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

(j) A person who violates subsection (d) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(k) A person who violates subsection (e) of this section by failure to properly post notice of surveillance shall be fined not more than $1,000.00. A person who violates subsection (e) of this section by conducting surveillance in a restroom shall be fined not more than $10,000.00.

Sec. 2. 13 V.S.A. § 5401(10) is amended to read:

(10) “Sex offender” means:

(A) A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:

(i) sexual assault as defined in 13 V.S.A. § 3252;

(ii) aggravated sexual assault as defined in 13 V.S.A. § 3253;

(iii) lewd and lascivious conduct as defined in 13 V.S.A. § 2601;

(iv) sexual activity by a caregiver as defined in 33 V.S.A. §6913(d);

(v) second or subsequent conviction for voyeurism as defined in 13V.S.A. §2638(b) or (c); and

(vi) an attempt to commit any offense listed in this subdivision.

* * *

(Committee vote: 6-0-0)

CONFIRMATIONS

The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate. However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

Lindy E. Caslin of Bennington – Member of the State Board of Education – By Senator Wilton for the Committee on Education. (1/20)

John Hashagen, Jr. of Brattleboro – Member of the Vermont Economic Development Authority – By Senator Maynard for the Committee on Finance. (2/9)

Edward T. Ogorzalek of Rutland – Member of the Vermont Educational and Health Buildings Financing Agency – By Senator Maynard for the Committee on Finance. (2/9)

Leon C. Graves of Fairfield – Member of the Vermont Economic Development Authority – By Senator MacDonald for the Committee on Finance. (2/16)

Laurie A. Rowell of Brattleboro – Chair of the Valuation Appeals Board – By Senator MacDonald for the Committee on Finance. (2/16)

Fred Tiballi of Shelburne – Member of the Vermont Hydro-Electric Power Authority – By Senator Ayer for the Committee on Finance. (2/16)

PUBLIC HEARINGS

HOUSE APPROPRIATIONS COMMITTEE

Fiscal Year 2006 Budget Testimony

(1) Public and advocates: On Wednesday, February 23, 2005from 1:30 p.m. to 4:30 p.m. in Room 11 at the State House, the House Appropriations Committee will hear from Vermont citizens, including representatives of advocacy groups and other organizations, on the subject of fiscal year 2006 appropriations. Testimony will be scheduled in advance for 5-minute intervals. To reserve a time slot, please call the Committee office at 802/828-2251.

(2) House committees: The Appropriations Committee will allocate time on Tuesday afternoon, February 22, to meet in Room 42 with House committee chairs, or their designated representatives, to hear recommendations in their respective budget areas. Their proposals may also be submitted in writing no later than that date. Please talk to Appropriations staff member Virginia Catone in Room 40 (ext. 2251) about arrangements for meeting with the Committee and/or submitting written testimony.

(3) Individual Representatives: The Committee also invites all members of the House of Representatives to provide input about the FY 2006 budget on Tuesday afternoon, February 22, or Wednesday morning, February 23. Please talk to Virginia Catone to schedule a time.

Thursday, February 24, 2005 – House Chamber – 6:00–8:30 P.M. – Re: H. 91 and H. 241, Prohibiting Smoking in all Public Places – Joint Hearing with House General Housing and Military Affairs and House Human Services Committees

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:

95.Jurisdiction and Duties of Assistant Judges Report of the Legislative Study Committee. (February 2005).

96.Lottery Commission Annual Report. (February 2005).

97.Program Development-Structures Section. (Agency of Transportation, Structures Section/Bridge Management Unit). (February 2005).

98.Medicaid Enrollment and Adverse Selection Report/Disenrollment Report. (Agency of Human Services, Department for Children and Families, Economic Services Division). (February 2005).

99.“An Independent Study of the Administration of Involuntary Medications Under Act 114 During 2004”. (Flint Springs Associates). (February 2005).

100.Connecticut RiverBridge Advisory Commission Annual Report. (Agency of Transportation, Program Development Division). (February 2005).

101.Implementation of Act 114 at the VermontStateHospital in 2004. (Department of Health, Division of Mental Health). (February 2005).

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