Vermont H 791: An act relating to exempting military retirement pay from Vermont’s personal income tax

Status: Read First Time and Referred to the Committee on Ways and Means (as of 2020-01-21)

State: Vermont · Session: 2019-2020 · Bill: H 791

Sponsors: James Gregoire, Lisa Hango, Anne Donahue, Brian Savage, Carl Rosenquist, Casey Toof, Christopher Mattos, Daniel Noyes, Francis McFaun, John Palasik, Kelly Pajala, Kenneth Goslant, Leland Morgan, Less…, Linda Myers, Logan Nicoll, Lynn Batchelor, Marcia Martel, Marianna Gamache, Mark Higley, Mary Morrissey, Patrick Seymour, Robert Bancroft, Robert LaClair, Rodney Graham

Bill Text

BILL AS INTRODUCED H.791
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VT LEG #385240 v.1
H.791 1
Introduced by Representatives Priestley of Bradford, Berbeco of Winooski, 2
Burrows of West Windsor, Cole of Hartford, Donahue of 3
Northfield, Graning of Jericho, Headrick of Burlington, 4
Holcombe of Norwich, Kleppner of Burlington, McCann of 5
Montpelier, McGill of Bridport, Mrowicki of Putney, Nugent of 6
South Burlington, Ode of Burlington, Pouech of Hinesburg, 7
Rachelson of Burlington, Scheu of Middlebury, Sibilia of 8
Dover, Sweeney of Shelburne, Tomlinson of Winooski, and 9
Torre of Moretown 10
Referred to Committee on 11
Date: 12
Subject: Internal security and public safety; government management of data 13
Statement of purpose of bill as introduced: This bill proposes to set privacy 14
standards for the State government in regard to the storage of, access to, and 15
disclosure of personal information of Vermonters. 16
An act relating to State government and information privacy 17

BILL AS INTRODUCED H.791
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VT LEG #385240 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 20 V.S.A. chapter 206 is added to read: 2
CHAPTER 206. GOVERNMENT DATA PRACTICES 3
§ 4631. SHORT TITLE AND DEFINITIONS 4
(a) This chapter may be cited as the “Vermont Government Data Practices 5
Act.” 6
(b) As used in this chapter: 7
(1) “Agency” means any agency, department, board, commission, or any 8
other entity or officer of the Executive Branch of State government. 9
(2) “Commercial purpose” means any purpose that has financial gain as 10
a major objective. It does not include the gathering or dissemination of 11
newsworthy facts by a publisher or broadcaster. 12
(3) “Disclose” means to disclose, release, transfer, disseminate, or 13
otherwise communicate all or any part of any record orally, in writing, or by 14
electronic or any other means to any person or entity. 15
(4) “Maintain” means to maintain, store, acquire, use, or disclose. 16
(5) “Neural data” means information that is generated by measuring the 17
activity of an individual’s central or peripheral nervous system and that is not 18
inferred from nonneural information. 19

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VT LEG #385240 v.1
(6)(A) “Personal information” or “information” means any information 1
that identifies, relates to, describes, or is capable of being associated with a 2
particular individual, including the following: 3
(i) name, alias, address, unique personal identifier, online 4
identifier, IP address, email address, account name, Social Security number, 5
driver’s license number, passport number, or other personal identifier; 6
(ii) vehicle registration information, including license plate 7
numbers; 8
(iii) the contents of an individual’s mail, email, and text messages, 9
unless the agency is the intended recipient of the communication; 10
(iv) characteristics of protected classifications; 11
(v) racial or ethnic origin, citizenship or immigration status, 12
religious beliefs, political positions or affiliations, or union membership; 13
(vi) biometric information; 14
(vii) genetic data; 15
(viii) precise geolocation data; 16
(ix) audio, electronic, visual, thermal, olfactory, or similar 17
information; 18
(x) insurance policy numbers; 19
(xi) neural data; 20
(xii) information concerning an individual’s health; and 21

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VT LEG #385240 v.1
(xiii) information concerning an individual’s gender, sex life, or 1
sexual orientation. 2
(B) “Personal information” may exist in various formats, including 3
the following: 4
(i) physical formats, including paper documents, printed images, 5
vinyl records, or video tapes; 6
(ii) digital formats, including text, image, audio, or video files; 7
and 8
(iii) abstract digital formats, including compressed or encrypted 9
files, metadata, or artificial intelligence systems that are capable of outputting 10
personal information. 11
(7) “Precise geolocation data” means any data that is derived from a 12
device and that is used or intended to be used to locate an individual within a 13
geographic area that is equal to or less than the area of a circle with a radius of 14
1,850 feet. 15
(8) “Record” means any file or grouping of personal information that is 16
maintained by an agency. 17
§ 4632. COLLECTION AND STORAGE 18
(a) Maintaining records. 19
(1) An agency shall maintain in its records only the personal information 20
that is: 21

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VT LEG #385240 v.1
(A) relevant and necessary to accomplish a legitimate purpose of the 1
agency; 2
(B) required or authorized by the State; or 3
(C) required under federal law. 4
(2) Before a record is used by an agency to make a determination about 5
an individual, the agency shall maintain the record, to the maximum extent 6
possible, with accuracy, relevance, timeliness, and completeness. 7
(3) Before an agency transfers a record outside State government, it 8
shall correct, u

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