Vermont H 645: An act relating to modernizing Vermont’s wage and hour laws

Status: Read First Time and Referred to the Committee on General, Housing, and Military Affairs (as of 2020-01-10)

State: Vermont · Session: 2019-2020 · Bill: H 645

Sponsors: Thomas Stevens, John Killacky, Less…, Lisa Hango, Marianna Gamache, Mary Howard, Matthew Birong, Tommy Walz

Bill Text

BILL AS INTRODUCED H.645
2026 Page 1 of 5

VT LEG #386124 v.1
H.645 1
Introduced by Representatives Pinsonault of Dorset, Pritchard of Pawlet, and 2
Southworth of Walden 3
Referred to Committee on 4
Date: 5
Subject: Municipal and county government; town clerks; land records; 6
recording and indexing; indorsement; procedure for expedited or 7
delayed indorsement and recording; professions and occupations; real 8
estate broker or salesperson; property; conveyance of real estate; 9
attorneys; affidavit 10
Statement of purpose of bill as introduced: This bill proposes to establish a 11
registry of secure real property transactors who utilize an approved identity 12
verification platform to verify the identity of grantors in a real property 13
transaction. This bill also proposes to establish a procedure for town clerks to 14
expedite the indorsement of instruments submitted for recording if the grantor, 15
grantee, attorney for the grantor or grantee, real estate broker or salesperson for 16
the grantor or grantee, title insurer, or mortgage lender is a secure real property 17
transactor or otherwise uses an approved identity verification platform. This 18
bill also proposes to require attorneys, real estate brokers, and real estate 19
salespersons to take reasonable steps to verify the identity of their clients who 20
are grantors in a real property transaction. 21

BILL AS INTRODUCED H.645
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VT LEG #386124 v.1
An act relating to identity verification in real property transactions 1
It is hereby enacted by the General Assembly of the State of Vermont: 2
Sec. 1. 24 V.S.A. § 1159a is added to read: 3
§ 1159a. PROCEDURE FOR EXPEDITED OR DELAYED 4
INDORSEMENT AND RECORDING 5
(a) Prior to indorsing a certificate on an instrument conveying any interest 6
in real property pursuant to section 1159 of this chapter, the town clerk shall 7
verify that the grantor, grantee, attorney for the grantor or grantee, real estate 8
broker or salesperson for the grantor or grantee, title insurer, or mortgage 9
lender: 10
(1) is registered with the Secretary of State as a secure real property 11
transactor; or 12
(2) has submitted documentation concerning the verification of the 13
grantor’s identity using a platform approved by the Secretary of State. 14
(b) The town clerk shall prioritize and expedite the indorsement of 15
instruments that meet the requirements of subsection (a) of this section. 16
(c) If the town clerk is not able to verify the information required by 17
subsection (a) of this section, the clerk shall provide notice to the parties that 18
the instrument shall not be indorsed or deemed recorded until the date that the 19
required information is received or 15 days after the date that the instrument 20
was submitted for recording, whichever is sooner. 21

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VT LEG #386124 v.1
(d) The Secretary of State shall maintain a list of approved identity 1
verification platforms that may be used to verify the grantor’s identity in a real 2
property transfer. The Secretary of State may adopt procedures governing the 3
requirements that a platform must meet before being added to the list. At 4
minimum, the procedures shall establish minimum standards for the identity 5
documents used by the platform, data privacy and security, and methods for 6
verifying that the grantor is the person submitting the identity documentation 7
through the platform. 8
(e) The Secretary of State shall maintain a registry of secure real property 9
transactors. A person may register as a secure real property transactor by 10
submitting to the Secretary of State: 11
(1) an annual registration fee of $20.00; 12
(2) a statement that the person is a grantor, grantee, attorney, title 13
insurer, or mortgage lender; and 14
(3) documentation that demonstrates that the person uses an approved 15
identity verification platform to verify the identity of the grantor in real 16
property transactions. 17
(f) A person’s registration as a secure real property transactor shall expire 18
one year after the date of registration and may be renewed. A secure real 19
property transactor shall notify the Secretary of State and amend their 20

BILL AS INTRODUCED H.645
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VT LEG #386124 v.1
registration if at any point during the term of the registration the secure real 1
property transactor begins using a different identity verification platform. 2
Sec. 2. 26 V.S.A. § 2296 is amended to read: 3
§ 2296. UNPROFESSIONAL CONDUCT 4
In addition to the conduct set forth in 3 V.S.A. § 129a, the following 5
conduct by those regulated under this chapter constitutes unprofessional 6
conduct: 7
* * * 8
(5) failing to fully disclose to a buyer the existence of an agency 9
relationship between the licensee and the seller; and 10
(6) failing to verify the identity of a seller pursuant to section 2300 of 11
this subchapter. 12
Sec. 3. 26 V.S.A. § 2300 is added to read: 13
§ 2300. DUTY TO VERIFY CLIENT IDENTITY 14
Eve

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