SmartTranscript of House Session: 2025-02-12-3:00 p.m.

[Chair]: Will the house please come to order and members kindly take their seats? Good afternoon. The devotional today will be led by Maddie Messier, who is a sophomore at BFA Saint Albans, a violinist and a member of the Vermont Youth Orchestra. Members, we have twenty three bills for introduction today. With that member from St. Albans Town, can you please offer us a motion to suspend our rules to introduce bills by number only? [Member from St. Albans Town]: Madam speaker, I make a motion to suspend our rules and introduce bills by number only. [Chair]: The member from Saint Albans Town moves that we suspend our rules to introduce bills by number only. 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 introduce bills by number only. Please listen to the first reading of bills by number only. H one ninety one. To corrections and institutions. H one ninety two. To human services. H one ninety three. To judiciary. [Member from Dover]: H one ninety four. [Chair]: To education. [Member from Dover]: H one ninety five. [Chair]: To human services. H one ninety six. To energy and digital infrastructure. [Member from Dover]: H one ninety seven. [Chair]: To human services. [Member from Dover]: H one ninety eight. [Chair]: To education. [Member from Dover]: H one ninety nine. [Chair]: To education. [Member from Dover]: H two hundred. [Chair]: To judiciary. H two zero one. To general and housing. [Member from Dover]: H two zero two. [Chair]: To health care. [Member from Dover]: H two zero three. [Chair]: To health care. [Member from Dover]: H two zero four. [Chair]: To environment. [Member from Dover]: H two zero five. [Chair]: To commerce and economic development. [Member from Dover]: H two zero six. [Chair]: To commerce and economic development. [Member from Dover]: H two zero seven. To health care. [Chair]: H two zero eight. To commerce and economic development. [Member from Dover]: H two zero nine. [Chair]: To education. [Member from Dover]: H two ten. [Chair]: To commerce and economic development. H two eleven. To commerce and economic development. H two twelve. To commerce and economic development. [Member from Dover]: And h two thirteen [Chair]: to Judy. Sherry members. We also have a Senate bill for referral this afternoon. Senate Bill nine is an act relating to after hours access to orders against sexual assault introduced by senator Hardy and others. Please listen to the first reading of the bill. [Member from Dover]: S nine, an act relating to after hours access to orders against sexual assault. [Chair]: Now the bill has been read the first time and is referred to the committee on judiciary. Members earlier today, the committee on human services voted out house bill thirteen, which is an act relating to Medicaid payment rates for home and community based service providers and designated specialized service agencies carrying an appropriation. The bill is referred to the committee on appropriations pursuant to house rule thirty five a pending its entry on the notice calendar. We now have a joint house resolution to take up at this time. JRH two is a joint resolution urging president Trump to refrain from imposing tariffs on goods and services imported from Canada offered by representative Paige of Newport City and others. Please listen to the reading of the resolution by title only. [Representative Burdett]: JRH two, joint resolution urging president Trump to refrain from imposing tariffs on goods and services imported from Canada. [Chair]: Now you have heard the reading of the resolution and the same is treated as a bill and referred to the committee on commerce and economic development pursuant to house rule fifty two. Members, we have several joint senate resolutions to take up at this this time. The first is JRS eleven, which is a joint resolution relating to weekend adjournment on February fourteenth twenty twenty five. It was offered by senator Baruth and was read and adopted on the part of the senate. Please listen to the reading of the resolution. [Representative Burdett]: Resolved by the senate and house of representatives that When the two houses adjourn on Friday, February fourteenth, twenty twenty five, the beat meet again no later than Tuesday, February eighteenth, twenty twenty five. [Chair]: Now you have heard the reading of the resolution, and the question is, shall the house adopt the resolution in concurrence? Are you ready for the question? If so, all those in favor, please say, aye. All those opposed, please say, nay. The eyes appear to have it. The ayes do have it, and the resolution is adopted in concurrence. Next is JRS twelve, which is a joint resolution providing for the election of a sergeant at arms and three trustees of the University of Vermont and State Agricultural College. It was offered by senator Beiruth and was read and adopted on the part of the senate. Please listen to the reading of the resolution by title only. [Representative Burdett]: Jurius twelve, joint resolution providing for the election of a sergeant at arms and three trustees of the University of Vermont and State Agricultural College. [Chair]: Now you have heard the reading of the resolution, and it is placed on the calendar for action on the next legislative day, pursuant to House rule fifty two. And finally, JRS thirteen is a joint resolution established establishing a procedure for the conduct of the election of the University of Vermont and State Agricultural College trustees by purology vote by the general assembly in twenty twenty five. It was offered by senator Baruth and was read and adopted on the part of the senate. Please listen to the reading of the resolution by title only. [Representative Burdett]: JRS thirteen, joint resolution establishing a procedure for the conduct of the election of the University of Vermont and State Agricultural College trustees by plurality votes by the General Assembly in twenty twenty five. [Chair]: Now you've heard the reading of the resolution and is placed on the calendar for action on the next legislative day, pursuant to House Rule fifty two. Members, we received request to read two house concurrent resolutions that the house and senate adopted pursuant to the consent calendar. The first is HCR twenty two, which is a house concurrent resolution designating February twelfth twenty twenty five is farm to school and child awareness day at the state house. Please listen to the reading of the resolution. [Member from West Rutland]: Whereas two thousand seven, action resolves number twenty four established the Raza McLaughlin Farm to School Program to award local grants for the purpose of helping Vermont schools develop relationships with local farmers and producers. And whereas the Rosso McLaughlin Farm to School and Early Childhood Grant Program enables early childhood elementary and secondary students to eat healthy foods, and it establishes partnerships between Vermont's farmers and local schools that contribute to the economic sustainability of the Vermont agricultural community. And whereas the Vermont Farm to School and Early Childhood Network reports that eighty nine percent of the state schools purchase locally produced food, fifty percent of early childhood programs serve locally produced food at least once a week, and over one hundred farms are selling their produce to schools and early childhood programs. And whereas the US Centers for Disease Control and Prevention has documented that most school children receive half their daily calories from school meals. And whereas, pursuant to sixteen VSA twelve sixty four a one a, all students in Vermont are eligible for universal school meals. And sixteen, VSA twelve sixty four a codified the Local Food Incentive Grant Program, which serves as a direct financial incentive to school districts and supervisory unions that meet local purchasing targets in their school meal programs. And whereas Farm to School exposes students to careers in agriculture and food systems, enabling them to envision a personal future in Vermont. And whereas Razo McLaughlin Farm to School Program participants are speaking with legislators today to share their program's personal importance for them and the value of the corresponding Farm to Early Childhood program for their young younger siblings. Now, therefore, be it resolved by the Senate and House of Representatives that the General Assembly designates February twelve, twenty twenty five as Farm to School and Childhood Awareness Day at the State House, And be it further resolved that the secretary of state be directed to send a copy of this resolution to the Vermont Farm to School and Early Childhood Network. [Chair]: Next is HCR twenty four, which is a house concurrent resolution designating February twelve twenty twenty five as Vermont outdoor recreation day at the State House, please listen to the reading of the resolution. [Member from West Rutland]: Whereas Vermont is proud of its unparalleled and diverse natural landscape, and it is a global destination for many types of world class outdoor recreation. And whereas our state's outdoor recreational assets consist of over eight thousand miles of public access trails, including one hundred and fifty miles of recreational rail trails, three hundred and sixty thousand acres of wildlife management areas, state forests and state parks, more than six million acres of hunting accessible land, and over forty alpine and cross country ski areas. And whereas in twenty twelve, acts and resolves number seventy seven, the general assembly designated skiing and snowboarding as the state's official winter sports. And whereas the importance of welcoming everyone, regardless of ethnicity or background, to enjoy outdoor recreational pursuits is recognized, and outdoor recreational venues embrace the intrinsic community values of inclusion and representation. And whereas outdoor recreation creates business opportunities, attracts new residents, and offers workforce pathways that incentivize young Vermonters to remain in the state. And whereas according to the US Bureau of Economic Analysis, in fiscal year twenty twenty three, in businesses located in all Vermont, fourteen Vermont counties, outdoor recreation generates two point one billion in economic import and the industry employed over sixteen thousand persons, comprising just over five percent of the Vermont workforce. And whereas, Vermont Outdoor Recreation Day is an occasion to celebrate the importance of outdoor recreation to the economy, quality of life, and the mental and physical well-being of Vermonters and visitors. Now, therefore, be it resolved by the Senate and House of Representatives that the General Assembly designates February twelve, twenty twenty five, as a Vermont Outdoor Recreation Day at the State House, and be it further resolved that the Secretary of State be directed to send a copy of this resolution to the secretary of commerce and community development, the secretary of natural resources, the commissioner of forests, parks, and recreation, the commissioner of tourism and marketing, the executive director of the Vermont Outdoor Business Alliance, the executive director of the Vermont Mountain Bike Association, and the president of the Vermont Ski Areas Association. [Chair]: Are there any announcements, member from St. Albans Town? [Member from St. Albans Town]: Thank you, madam speaker. I have the privilege to welcome two constituents from my district here to the state house today. And madam speaker, I'd like to introduce to you and the body, the young lady who played the devotional, Madeline Messier. She is a sophomore at BFA, a member of the Vermont Youth Orchestra. She has participated in the all New England Orchestra and the Vermont All State scholarship program among other competitions. She comes from an incredibly talented musical family. She's here today with her father, Armin Messier, and he is the piano and choral director at BFA Saint Albans. And her mother, Giovanna, is the violinist and the music teacher at Swanton Elementary. Please give them a really warm welcome. They have a lot of talent and we thoroughly enjoyed that devotional. Thank you, madam speaker. [Chair]: Will the guest of the member from Saint Albans town, please rise and be recognized? Are there any further announcements, member, from Brattleboro? [Member from Brattleboro]: Thank you, madam speaker. I have a guest today here. Johnny Gifford is the executive director of Brattleboro Community TV, our wonderful local TV station. They are in full swing preparing to record and broadcast candidate debates and forums, town meetings, Harrah's Hill ski jump, which is happening this weekend, if you wanna come, and many other events. They're also building a podcast studio and offering many, things to our community. Johnny is here with a group from the Vermont Association of Broadcasters, which you may have received an invitation. They're having a reception at the Capitol Plaza at four thirty, and the Vermont Association of Brad broadcasters is working to support the implementation of act one thirty three to help us with our open meeting law, a new open meeting law, and can helping finding support for the state's municipalities and school boards to convey accessible transparent information through providing hybrid access to meetings while recording and archiving them. So there may be some Johnny is here. There may be other members of broadcasters association. Please welcome them. [Chair]: Will the guest of the member from Brattleboro please rise and be recognized? Member from Westminster. [Member from Westminster]: Thank you, madam speaker. I rise in recognition of Farm to School and Early Childhood Awareness Day. Outside of my role as a legislator, I work with high school students exploring local food and Vermont food systems. Farm to School programs connect students with curriculum, the cafeteria, and the community through relationships with local food and local farmers. Please welcome advocates for Farm to School and Early Childhood Awareness Day at the statehood statehouse. They were seated in the balcony. I think they might have left about thirty seconds ago, but let's clap for them anyway. [Chair]: Will the guest and the member from Westminster, if you're still here, please rise and be recognized. Are there any further announcements member from Rutland City? [Member from Rutland City]: Thank you, Madam Speaker. Tonight is the final of three dinners, from the VSEA. They are located at one fifty five State Street. Dinner will begin at five fifteen at their headquarters, and it is going to be a delicious lasagna dinner. This is a chance to share work issues with legislators and VSCA members from around the state. Tonight's topic will be reference based health care pricing. Everyone is welcome. So, you can come and have dinner and then come to the VSL concert. [Chair]: Thank you. Member from Bradford. [Member from Bradford]: Madam speaker, I'm happy to announce that today is the Vermont Creative Networks Creative Sector Day in the legislature. Vermont Creative's sector is made up of all of the businesses, nonprofits, and individuals whose work is rooted in creativity, which is in a creative state like Vermont, is a huge group of talented people working to make our state better for all of us. From museums to musicians, from architect firms to libraries, from graphic designers to filmmakers, and so much more. The creative sector strengthens our communities, brings people together, and builds our economy. In two thousand twenty two, arts and culture was nearly one point two billion dollar industry in Vermont, And ninety three percent of the respondents to the Vermonter poll agreed or stronger strongly agreed the opportunities to view and participate in the arts and culture are an important part of thriving and healthy communities. During these challenging and uncertain times, coming together around an industry that supports us as humans, connects us as communities, and strengthens our economy is ever more vital. They are inviting us to join them for a reception in the Cedar Creek room featuring performers from Circus Circus. Coffee and cookies will be provided. Madam speaker, can the body please help me welcome the Vermont Creative Network and their members to the building today, many of whom are in the the balcony. [Chair]: Will the guests of the member from Bradford please rise and be recognized? Are there any further announcements? Member from Guilford? [Member from Guilford]: Yes. Madam speaker, I rise now following these wonderful announcements about arts and culture in our state to remind everyone that this evening, the Vermont Symphony Orchestra will be performing right here in in our chamber. Seven thirty, planned to come. [Chair]: Member from Weitz Field. [Member from Waitsfield]: Madam speaker, we recognize today as Vermont Outdoor Recreation Day at the State House. Vermont's outdoor recreation sector preserves and celebrates what is arguably Vermont's greatest asset, the land. The majesty of Vermont's mountains, rivers, lakes, and streams is a large part of what makes Vermont so special. Our art outdoor recreation industry is what, in many cases, enables us to enjoy Vermont's unique landscape through activities such as alpine skiing, Nordic skiing, snowshoeing, mountain biking, road cycling, fishing, hiking, and golf. These recreational pursuits are also part of what attracts visitors to Vermont, many of whom become guests in our bed and breakfasts and inns, patrons of our fine restaurants, shoppers at our grocery and retail stores. Some of these visitors fall in love with Vermont and move here, raising families, working for local businesses, and contributing to Vermont's unique social fabric. Vermont's outdoor recreation sector is a vital economic engine for our state and a protector of our sacred natural resources. Madam speaker, representative Toure and I ask that you join us in welcoming all the representatives of the Vermont Outdoor Recreation Sector to the state house today and thanking them for the work they do. [Chair]: Will the guest and member from Waitsfield please rise and be recognized? Member from Cornwall. [Member from Cornwall]: Thank you, madam speaker. A reminder and a little bit of, excuse me, a correction, but tonight's lecture series using public funds for religious schools, Carson v Macon, put on by the League of Women Voters, is tonight at seven. I've previously announced that it's at our local library here in Montpelier. It is not. It is a virtual panel, so you can watch it from the comfort of your home in your pajamas. Anyway, I have sent around to all house members the link to register if you'd like to attend this panel discussion. It's available in your email now. Thank you. [Chair]: Are there any further announcements? Member from Pollock. [Member from Pollock]: Thank you, madam speaker. The fish and wildlife department want to let wanted me to let all the members know that they're invited to the West Branch Nature Center this afternoon to visit with them regarding their outreach program and meet some folks in their department who also manage and caretaker wildlife resource. There will be a shuttle bus on Baldwin Street at four thirty to shuttle members to and from the event. Thank you. [Chair]: Are there any further announcements? Member from Dover. [Member from Dover]: Madam speaker, I know many of the members are benefiting from our incredible UVM interns this year. I'd like to ask the body to recognize and welcome the two that are working with me, seated in the balcony, Maddie Cronin and Liv Goebel. [Chair]: Would the guest and the member from Dover please rise and be recognized? Are there any further announcements? Seeing none, orders of the day. Members, we have one bill on our action calendar today. House bill forty one is an act relating to creating a felony penalty for abuse of a corpse. The bill was referred to the committee on judiciary, which recommends that the bill be amended as printed in today's calendar. The member from West Rutland, representative Burdett, will speak for the committee. Please listen to the second reading of the bill. [Representative Burdett]: H forty one. An act relating to creating a felony penalty for abuse of a corpse. [Chair]: Member from West Rutland. [Member from West Rutland]: Thank you, madam speaker. Madam speaker, through the years, I don't know how I end up with these emotional bills, but I got another one. And I'm I'm gonna do my best to to put on my my talking head face to do this. But last July up in Enosburg, Roberta Martin, eighty two years old, was murdered. And and that's how this bill came about. Couple weeks ago, Roberta's daughter and I'm gonna mention names if somebody wants to call point of order, have at it. Pamela Merritt and Harris came in and testified about the murder of her mother for about twenty, twenty five minutes on Zoom. Pamela's down in in Florida. And the details she went into of what she went through, what her family went through, what her neighbors went through, what the what the whole town of Enosburg went through was just amazing. I've never heard anything like it. I've done a I've done a number of Internet crimes against children, bills on the floor through the years, which were special to me in a way, but, not easy to do, and this just blows them away. So just imagine an eighty two year old woman. As as Pamela calls her, she's a ticket. She was a ticket. Probably not your typical eighty two year old woman. Walked every day, did yoga, lived in Vermont in the summer, but went down to Florida with her daughter in the winter and and wasn't ready to leave Vermont yet. Her roots were here and always been here, and this is where she was gonna stay as long as she could. They talked every day. Most days, several times a day, and definitely every night to say goodnight. I don't remember the exact date in July of last year, but Pamela called her mother at night to say goodnight, and she didn't answer. And that was really unusual, and she knew something was up. She just felt something was up. So she called the neighbor. A neighbor went over. The door was open. The the air conditioner was pushed in, and her mother wasn't there. And and I believe it was four days that she was missing before her body was found. Her body was found in a hole underneath the large oak tree that it uprooted, and it was burned beyond recognition. And through the when they finally found it, the the state police called Pamela and asked her if her mother's feet had any distinctive markings. And that's because that's all that could be identified was her feet at that point. And they did. She had had operations on her feet, and that's how they identified, I should say, foot because one leg was dismembered. And this came from Pamela that it was probably by an animal that dismembered the leg. So they identified the body. At some point, Pamela came up. And and and how I ended up with this bill down in West Rutland is interesting because some friends of mine that I actually passed got a bill passed form a number of years ago, their the the wife went to school with with Pamela, went to high school with her. And and to to this day, they're friends. And so she called me, and that's how I got involved. At that point, I'd called the member from Edisburg to make sure he was he was on board with it and to call also called the senator up there because I'm not into stepping on toes. So as as it turned out, it wasn't a felony to move and to face a body, which to me is pretty incredible. And and and that's where we started. And and and I know Pamela's hope, the family's hope, people in the area up there, the friends. Their big hope is just to get a little a little piece of justice for Roberta. And that and, again, I hope that's what this bill does, is just get a a little something. And this was by far the Reader's Digest version of what we heard. There wasn't a dry eye in the committee. It was just incredible. The detail, the emotions, the feelings, the love that was expressed that day. But from there, I'm I'm gonna go right into the bill summary. It can be found on page forty seven of today's calendar. And before the chamber is the house judiciary strike all amendment to h forty one entitled an act relating to creating a felony penalty for abuse of a corpse. As the title indicates, this bill criminalizes and makes a felony the abuse of the dead body of a person. Generally speaking, this new statute prohibits a person from engaging in various types of conduct that constitutes abuse of a corpse. Specifically, it prohibits a person from burning, mutilating, disfiguring, dismembering, or destroying a dead body. This bill also creates an enhanced penalty when this conduct conduct is committed with the intent to conceal a crime or to avoid apprehension, prosecution, or conviction of a crime. Turning to the bill language itself, section one of the bill creates a new statute, thirteen b s a three seven six one a, that memorializes the the prohibition of the conduct I just mentioned. And and this is what I'm gonna read next is is a very important part of the bill because it's the knowingly part. The subsection a states that no person shall knowingly, without legal authorization, intentionally burn, mutilate, disfigure, dismember, or destroy the dead body of a person. Thus, this language criminalizes someone who knows that they don't have legal authorization, which can mean that the person knows that they they needed and did not have a burial permit or knows that they aren't a doctor authorized to conduct an autopsy and has specific objective to burn, mutilate, or otherwise destroy a body. A person who violates subsection a is subject to the penalty outlined subsection c one, which carries a potential term of imprisonment of not more than five years, a fine of not more than five thousand dollars or both. Looking at subsection b, it prohibits the same conduct as a, but also includes a prohibition on bearing, transporting, hiding, or concealing the dead body in addition to a prohibition against sexual conduct committed upon the dead body of a person. These actions, in addition to these those mentioned in a, if done with specific and conscious objective to conceal a crime or with the goal to avoid apprehension, prosecution, or conviction of a crime, subjects a person to an enhanced felony penalty contained in subsection c two, which is imposes which imposes a term of imprisonment of not more than fifteen years, a fine of not more than ten thousand dollars or both. Subsection d lists various definitions applicable to the new statute. Instance, dead body of a person does not include a person's cremated remains, and sexual conduct is defined in subsection d two, which is derived in part from the definition of sexual conduct as used in the child exploitation laws. Section two of the bill amends eighteen VSA fifty two eleven, which concerns the unauthorized burial or removal of the dead body of a person. This public health statute currently carries a a felony penalty of up to five years in prison for a person who buries in tombs, transport, or removes a dead body of a person without a bur burial transit permit. The house judiciary committee amended this section to strike the five year term of imprisonment, but keep the thousand dollar fine as the sole penalty for such conduct. Finally, section three states that the bill will go into effect on July first twenty twenty four. And if passes, the bill will be renamed an act relating to the abuse of the dead body of a person. And the reason we, we're changing the name is the, the dead body of a person is already in, is already in statue and has, passed muster in some case law. But the witnesses we had, daughter of Roberta Martin, legislative attorney, Vermont depart Department of State's attorneys and sheriffs, legislative counsel, office of legislative counsel, deputy defender general, and chief juvenile defender defender general's office, chief superior judge, Vermont judiciary. And and madam speaker, this is probably the strongest eleven zero zero vote I've seen in my fifteen years in the building. Thank you. [Chair]: The question is, shall the bill be amended as recommended by the committee on judiciary? 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 bill. Now the question is, shall the bill be read a third time? Are you ready for that question? If so, all those in favor, please say aye. Aye. All of those opposed, please say nay. [Member from Dover]: The [Chair]: ayes appear to have it. The ayes do have it. And third reading is ordered. Members, that completes the orders of the day. Are there any announcements? Seeing none, member from St. Albans Town, will you please offer us a motion to adjourn until Thursday, February thirteenth at three PM? [Member from St. Albans Town]: Madam speaker, I make a motion this body stands as adjournment until Thursday, February thirteenth at three PM. [Chair]: 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 this body stands in adjournment.

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SmartTranscript of House Session: 2025-02-12-3:00 p.m.

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